The URL can be used to link to this page

Home My WebLink About31B - 801 N. MAIN ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: VARIANCE NO. 2004-08 TO ALLOW OFF- SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET - CARIBOU INDUSTRIES, APPLICANT ~~~ CITY MANAGER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 151 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Recei ve and conditioned. file the staff report approving Variance No. 2004-08 as PLANNING COMMISSION ACTION On December 13, 2004, the Planning Commission adopted a resolution approving Variance No. 2004-08 as conditioned by a vote of 7:0 to allow off-site parking for the Orange County Performing Arts Pavilion at 801 North Main Street. The Planning Commission modified Planning Division condition No.2 to require that the applicant inform the Commission of any proposed changes. The Commission also clarified Police Department condition No.2 to assure that any graffiti on the marble finish be removed in order to preserve the original finish and not simply painted over. The recommended conditions of approval are contained in the attached staff report and accompanying resolution (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~ Steph r: G. ~arding)F Executlve Dlrector Planning & Building Agency LL:rb 11\reportS\PC&ZA\va04-08.cc 318-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - FILED BY CARIBOU INDUSTRIES FOR VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus 4é ¿u{fj~ctor ~nning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2004-08 as conditioned. Prior Planning Commission Action At its September 27, 2004 meeting, the Planning Commission adopted a resolution approving Variance No. 2004-08 as conditioned. On October 25, 2004, the Planning Commission voted to reconsider the approval of this application. DISCUSSION Caribou Industries has taken the opportunity to review the economic feasibility of the proposed Orange County Performing Arts Pavilion. As a result, the applicant is requesting to modify the variance request with respect to the restaurant so that it may operate during daytime hours. The proposed hours of operation are Monday through Friday from 10:00 a.m. to 10:30 p.m. on days with no scheduled theater performances and until 12:00 a.m. when operating concurrently with the theater. On Saturday and Sunday, the restaurant is proposed to operate from 10:00 a.m. to 12:00 a.m. The applicant has reconfigured the restaurant's floor plan, which will now accommodate 70 patrons, 10 more than the previous capacity of 60 patrons. In addition, the applicant is proposing a second ancillary bar at the restaurant level to service customers since the restaurant will be operating when the theater is dark and the first floor bar would be closed. The restaurant level bar will be approximately 200 square feet in size and will accommodate alcohol storage and service (Exhibits I, 2 and 3) . EXHIBIT A 318-2 Variance No. 2004-08 December 13, 2004 Page 2 The proposed changes have resulted in an increase in the size of the restaurant to 4,500 square feet, which in turn has resulted in an increase in the parking requirement. The parking requirement for the evening and weekend uses (theater and restaurant) is now 266 spaces (formerly 260). The parking requirement for the daytime uses is 42 spaces for the office and ancillary storage use and 45 spaces for the restaurant for a total of 87 spaces (formerly 84). Based on the revised parking study, the number of parking spaces controlled by the applicant exceeds the number of parking spaces required (Exhibits 4 and 5). Therefore, there will no negative impacts to the community. To accommodate the proposed changes, Planning Division Condition Nos. 4, 6, 10, 11 and 14 have been modified and one additional condition (Condition No. 17) has been added. In addition, since the applicant has submitted landscape plans that comply with current code requirements, Condition No. 13 has been modified (Exhibits 6 and 7) . Since the proposed changes do not create new impacts to the community and the project continues to be compatible with the City's General Plan and the standards adopted by the Midtown Specific Plan, staff recommends approval of Variance No. 2004-08 as conditioned (Exhibit 8). CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. U--u Vincent Fre Senior Plan LL:JM 11\reportS\PC&ZA\va04-08.121304.pc 318-3 ORANGE COUNTY PERFORMING ARTS PAVILION j(£YNOTtS II] STÞoGECUR1'AlNOPfNING.SffSìfUC'TlJW.DAA'oW'ICS FLYDfl.Of' & CURTAIN OROI' 5UPP01US1RIJCTUI:EBYOTHEkS I%J CAf£TtJII.....:nCHEN TO H"V£ W".IJON IlEFRIG. mo FIŒEZER Lt4rT Flft.l COOK LINE ÞND SCll1ERV CD Uf'GRADE EXISTING MEN'S REST ROOM TO ÞDACOM'lJ.'M ""~ EKlSTINGELECTRK:JrI.TOI!fMolrjt EXISTING PLUMBING TO REMAIN EXISTING FIRE CQAAlDOk TO BE Ul'GItI(Jf[) TOTWO-HOtJt.M11NG, NOTE AI.HQINING ROOMS FOR STœJG£ ON!. Y SEE "-0 FOR RESTRICTIONS ON FL.AoWoWILE IMTERIo'iS (5UCH A<; aJlTNNSI CNTIERlA IOTCHEN HOOOS OETAllS AlSO Sff MECHÞ<NlCÞl.I'W>IS, (SH/rrfT WALl COtmRlJCllON) ~ 0 ~ -16 ...,¡,oo _!IoIm!OGW""-'TOOI'IMO< - ¡D":;'~~~~~O.~:~'~~;-:;~""," :\OIJ>'O'~ONCOffIlO!NT~iW£[) ""mroll'''''!f~,;rOO,'''Lf''"OI!DOTHf- """"O"I->IOU'RIfWWm-.:M< ~ ~'~~'~~":;;~"'~~~"'O"oau<o fOBJ ~~~:=~"'i:f~"~'JO~UDaUOG (¡J..~,,~ m"fWilWIIiIf".TfD!>.~!IG/OTOW!'TCIC!K'!K.>f'OI<DU" w.x. ace. SECOND FLOOR 200 I , z I 0 "WHERE EVERY NOTE IS AN OCEAN" b:::T - T - T . -1 - T . T - tJ OCC 3.7 III OCC5 I OCC3.71 - I OCC 1.5 - SECURED EXI~ 600Sf. I EQUIPMENT OffiCE I!!I 360 S.f. IBJ 0 z ~z 3 0< I!!I flV DROP/SCENERV OffiCE 1,320 S.f. OCC 26 IBJ I!!I flY DROP/SCENERV STORAGEIPREP. AREA 2,335 S.f. OCC 4] ~ CARIlOU INDUSTRIES, INC. 1200 N. MAIN Sl1ŒET sun.... (714)543-i484 FAX (714)543-8972 -- -- Q " .:::~,':': . ~ z I 0 :::¡ ~ "- '" I;< ~ < I (1 Z ~ ~ '" 2 ¡ I '" w - a.. ~ ~ ~ w '" w '" Z ~ « :::¡"'u 8 ~ <' w ~ Z 0 . ~ Z Z >- ;;i - z 0 a < co '" lIE ! ~ ! I ....... --- .. ,- -'111 LI - t/l,.t~ .- .- .- .- [ A~6 ] FIXED BAR EX.DUMB WAITER TO BASEMENT LIQUOR STORAGE @ BAR .3LF (3'XI B'X6' SHElVING RACK) COOLER STORAGE @ BAR.5 SF (2'.11 'x 2'-3" X3') 2.1 LF. DETAIL #2 NOTE, MAIN LIQUOR STORAGE IS LOCATED IN BASEMENT m< ><> :!:O to,þ. - . -to NCO SERVING AREA SQ. FT. EXHIBITION LOBBIES, MAIN LOBBY 2,038 S.F. LIQUOR STORAGE FIRST FLOOR (LIQUOR STORAGE 8ASEMENT) 5 S.F. / 3 LF. 152 S.FJ24 LF. . b::! - i -T . -i - i . T - tJ NOTE, FIXED BAR REQUIRES DISCRETIONARY APPROVAL UNDER SEPARATE PERMIT. I- w w "" l- V) Z < ~ ~-'MII'--fo i 8TH STREET - FIRST FLOOR SERVING AREA DUMB 9 10 - DETAIL #1 lIQ. STORAGE IMENT LIQUOR AND DRY STORAGE AREA OR STORAGE STORAGE X 18" X 6' ) STORAGE SHELVING RACKS (TYP.) ELVING UNITS MARKED WITH "4LF") K-IN REFRIG. (COOLER) 96 S,F, 16 LF TOTAL LIQUOR STORAGE BASEMENT 152 S.F, 24 LF m< ><» J: -0 DJ.þ. - . -10 WOO , ~ I 136 S.F. 56 S,F, 80 SF NO SERVING AREA IN BASEMENT ö b::j - r I!!I I!!I I!!I r I!!J - I ŒJ . ŒJ I!!I. ŒJ I:!J I . - œgõoõ1. r - j . i tJ (!!] [!] 00 JI8 - - 16 LF 8 LF 8 LF ŒI 5175.r. (EXISTINGI RECORD VAULT III III Â 1,590 S,F. III 1f?R' W BASEMENT OPEN AREA STORAGE I!!J III III III III 7,254 S.F. ~^no JEXISTlNG) ~ BASEMENT STORAGE AREA (LIQUOR AND DRY) ~. ui w t:' ~ ~i~ ~ ~;¡; ... ~ ~ ~~;:! 8 ..:~&~ . ~ . ð - D 0 lOa6 V:J 'vNV V lNVS 'oIOId SJ HUlON ì!:3 in! ; if I~ -. 133HS NIVV'I 'N lO8 i! SW1 -~ \~,> f~~,~ - NOlllmd SlW ÐNIV'I~O~~3d AlNnO:J 3ÐNV1IO - ÎjÎJUH HUlON a:JIIOIX] N\'1d ]US ~ JIt I , , ',. ~~"~ ': ': ..~' : " ~,~ +' . 11 , " ., P i, ~ ~ ~! "" ~ ~ ~'~- i~ ï "ë.: ~~ê .3 .~ ~ ¡;~~;¡ ffiI~i ;;-- H~_: ~ooo'loJê~! ~ii§! ð , u~.... .,~~~~ .~%: öj :¡.~ ê ..... ~ "hË ï': ~ . ~ iLl Ii ~i J iz i "11:' >- ~ ~"'! ;; ~~ ~~;- ~~ ,,¡; š: r)~ ~~ê ~s J i:3"::O~;¡'; ò~~~~..-~~~~~ Zz: i!mm i rHWj~ m mi~ m; i ~ Legend 1 - 1055 North Main Street 2 - 1055 North Bush Street 3 - 809 North Bush 202 East Ninth Street 31.A~;~84 .......- City of Santa Ana ORANGE COUNTY PERFORMING ARTS PAVILION Shared Parking Study Prepared by: Austin-Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, California 92705-7827 (714) 667-0496 December 6, 2004 VA 04-08 E)(J:UBIT 5 31 tS-8 ORANGE COUNTY PERFORMING ARTS PAVILION Shared Parking Study INTRODUCTION The Orange County Performing Arts Pavilion (OCP AP) is currently converting a 46,725 square foot office building at 801 North Main Street in the City of Santa Ana, into a 374-seat theater and 4,500 square foot restaurant, which will be open after 10:00 ANi, seven days a week. The site itself includes 49 parking spaces, 13 of which are shared use. An additional 53 are located immediately across Bush Street. The theater and restaurant use will rely on a shared use parking alTangement with two parking lots (i.e., 1055 North Main and 1055 N. Bush Street). This parking study examines those sites to ensure adequate parking is available. The City parking code requires one parking space for each three seats and one space per 28 square feet (sf) of assembly area for the theater use, one space per 100 sf of restaurant use and three spaces per 1,000 square feet for office use. Based on 374 seats, the City code parking requirement equals 125 spaces for the theater seating area and 86 for the lobby/assembly area. In addition to the theater (15,055 sf) there is also a restaurant (4,500 sf) and a small bar (100:t sf). Based on the City of Santa Ana parking code, the theater and restaurant requires a total of 266 parking spaces, assuming the offices are vacant after 6:00 PM. Assuming no more than 10 percent of the office would be in use after 6:00 PM, the maximum peak parking demand for the evening uses is estimated at 274 spaces (266 + 8). The total office space and storage available is 27,200 square feet. This creates a parking requirement of 87 parking spaces (22 for office, 20 for storage using warehouse rate of one space per tsf, and 45 for the restaurant) for the day use of the building (prior to 6:00 PM). However, the issue of code required parking is complicated somewhat by the multiple use of the building. During the nonnal workday (8:00 AM - 5:00 PM) of the total 27,200 square feet of the building only 7,200 square feet will be utilized as office space and the remaining 20,000 square feet for storage, which support the theater's props and equipment. The theater will only be used in the evenings (i.e., after 6:00 PM) when the office is closed. The restaurant will be open both during the day, in conjunction with the offices, and in the evenings, in conjunction with the theater. Although the City code parking for a theater is one space for three seats, and this is a typical requirement, a sold-out pelformance with staff, actors and audience could exceed 108 spaces. A typical peak parking demand for a theater based on actual vehicle occupancy ranges from 2.25 to 2.75 persons Orange County Performing Arts Pavilion Sha,'td Parking Study Austin-Foust Associates, Inc. 924001 Rpt4.doc 318-9 per vehicle (i.e., other than staff, very few patrons drive to a theater performance alone). Use of a worst case scenario of 2.0 persons per vehicle indicates a peak parking demand of 187 spaces. However, the City code calculation of 274 spaces remains the clitical issue. Therefore, it is concluded that for a sold out performance, shared parking for about 225 spaces (274 - 49) will be required. The next question is "Are there at least 87 spaces available before 5:00 PM and 225 unused spaces available after 6:00 PM, and if so, where are they and what guarantee is there they will be available long term?" An actual count of the available parking (after 5:00 PM) in the lots controlled by this property owner is 613 spaces - well in excess of the 225 required. Table 1 illustrates the availability of parking on-site and in the adjacent parking facilities controlled by this property owner. It reveals adequate unused parking is available after 5:00 PM to meet this building's shared use demand. During the daytime there could theoretically be a small parking deficit if the office is fully occupied during lunchtime when the restaurant is also fully occupied. However, there are 53 parking spaces located at 509 North Bush Street and the 202 East Ninth Street lot, which the owner controls and are available as shared use to satisfy any additional lunchtime parking demand. A field count of the lunch time vacancies in the controlled lots was conducted to determine if sufficient parking was available. The results, shown in Table I, reveal more than 485 spaces are available during the lunch hours. Caribou Industries, the owners of the OCPAP. theater, also owns a number of other office buildings within close proximity to this theater. Table 1 identifies two other existing parking facilities controlled by Caribou Industries directly across the street from the OCP AP theater that can provide shared parking. These parking facilities are all virtually empty after 5:00 PM as they support office uses in the area. As indicated in Table 1, there are a total of 793 parking spaces available, virtually all of which are unused after 6:00 PM, which can more than supply the 225 or so shared use spaces for the theater. CONCLUSION In summary, it is concluded that based on a "worst case" scenalio of a sold out performance that shared use parking of up to 225 spaces may be needed by the OCP AP theater as well as up to 87 spaces for the daytime restaurant and office use. These spaces can be supplied from Caribou Industries Orange County Performing Arts Pavilion Shared Parking Study 2 Austin-Foust Associates. Inc. 92400 I Rpt4.doc 318-10 controlled facilities within two blocks of the theater. These shared use facilities encompass a total of 793 spaces, which have sufficient vacant space during both daytime and nighttime and their continued availability can be assured since Caribou Industries owns and controls them. A condition may be needed which specifies that valet parking service may be necessary during lunchtime if the restaurant proves very successful. Orange County Performing Arts Pavilion Shared Parking Study 4 Austin-Foust Associates, Inc. 924001 Rpt4.doc 318-11 Table 1 AVAILABLE "SHARED USE" PARKING FOR OCP AP (i.e., within two blocks) Total Spaces Spaces Vacant Spaces Vaeant Spaces Vacant Lot Location Available @ 12:30 PM @ 2:30 PM @ 5:30 PM 1 1055 North Bush 174 94 38 169 2 1055 North Main - Parking Garage 517 391 33 434 --_..- ~_Total 691 485 71 613 3 801 North Main (on-site) 49 * 27 36 49 4 809 N. B ush/202 E. 9th 53 27 12 I 46 TOTAL 793 529 119 708 * 13 of which are shared use with others Orange County Performing Arts Pavilion Shared Parking Study 3 Austin-Poust Associates, Inc. 924001 Rpt4.doc 318-12 DETAil #2 STRIPPING AND HANDICAPPED DET,6JlS lANgDSCAPf [~~~:~""""' 0 DEClDUOUSTREESCþ,'lOf'Y2S'TOXJ/>'VC JAC.AA¡o,<O/\,SYCAMCJI(ORO¡o« (lUSTING 0 DECIDUOUSTlŒESc.mOPV IS'T020AVG JM:ÞI.ANOA.SYCÞM:JREOROJ« Q M¿~STRfESC.o.NOPY.TOI(7A'K; \:::J aomE !RUSH, SPECIES SI' . :~~~;~=~ ~""',""NG'O"N" CANAAYI5tANDDAtEPÞI.MS 12'HIGH IB)TQT-"LCN-lAAYP.rtM5, (1)ATEACH~ -U III < .If ICJNGORQUEENP¡I,MS Q) >< ....... 6'TOIS'HJGH(EKKlNG2O'T03C7 <0"" 6'TQ10 H!GH GlÆ£NPÞU& CD :5 0 .. ~~~~~~E~D9THST!VMTIRS ~ ~ o::J ~~ !11 INCH£50F MUlCH SHAil Bi USED IN f"J#TERS 'rEOFIC""'~',^",,"G 0 -~,,--.....,. AUSTRALI,lHFERN ....... ..... 0 '--" ~1~~~fTOF~SHAU.B£USEDINI\NmII5 I\J ~ CO <Z> ~~~T~~8~GAL."SUNSET.YÐ.10WWAI/fORCIlfAMDEUGHT ..." I]~+I '7TH STREfTPlANTER.aNTERP\JIffiEfI.N<I BUSH/9TH5TRfETCOfiNERIVNiU. 12) INCHES Of MULCH SHAll BE WD IN PI.NfTERS . ~~~Jb~~E-~PER~m ~~"s~~~~RfTf'(Rf'l..'ffitR [} . [II ~ HOICiETM. 8THSTRfETPlNfTERS 9TH STRfETPlHITERS ~:~~TC:i:S~~~ PERSAmYCOŒ GItO\.tIDCmU ~EPLM>lSFORDETÞM..S '1" SHREDDED IWUC MA01 ÞiONG BUSH roIfET IN[)IN<HÞ.~ TSHRfDDEOIINXM.lœ SEE L-2 FOR 1055 BUSH PARKING LOTS SEE L-2 FOR GENERAL NOTES. ¡ t I SPRlNIIlO.NOttS 1 EJaSTING SPRINKlER SY5!fM TOIilEWjN 'MTH MQOIflCATICIt-IS. 2 HEW 5PRIHIQ.fIHJI'IE TO BE ADDEO FOR HEW I'lANTERÐOXAT9THSTREET~.5EE RIGHT OfT.... "1, 3 EXISTING PLNmR 80lllS ON M'<IH. Þt() Ð1'H Sm:ET TO REMAIN WffiI fJ\ISTNG SPIINQ.ER SYSTEM 4 £XISTlNCf'l...l.NTERS,ttOHGrnJTOIlfMoOrlH INCLUOING EXlSTltK> COI¥'<IERI'IÞNT9.AT OW; ) EXlSTINC SPlNIQER SYSTEM TO IIfWIH "T COIINER OF BUSH AND BTHST1IŒT(SCWI; MlHOUk,ttTEPATlONS, I'IÞNT9.Sl-WJ.ÐE REMODELfD TO MEET NEWPNiIONC LAYOUT 6 EXISTING Ð,Ir(:KfLOW PRM:NTOÞ. AAOMA.T1C TIME CLOCK TO REMAIN. SEE I'l..'rtO IiK>HTf OR !lACKFLOW LOCATION 1, AAEASNOTPl.Þ#tEDSHAIlBECO'ÆREDYrfTHOIIGNIIC MlACHMATERlAl~.ÞtiPUrHTERS 2 ÞU SlGNAGE PEIITÞlNlNC TO LNPEAA.vTTED PUÐUC PNOONC LOT TO BE IifMQlÆO 3. NEW TI1ASI-t ENCLOSURE TO NffT CODE ~ lIE ARCHITECTURALLY COtM'AT!BLf TO THE AAC:Hf'ÆC'I'lÆ a' T!iEBl.UDING (!!01H,MM-IJ 4. ALLDAW.GEDORMllSlNCMARBlEWlLLBEREPÞ.lREOIP.EPlJrC£D OHIIUILDINCf,lr(:E (801 N,w.IN) I"""'''' ).IIOIN.MAlNPlANTER0N8USHFIIOM8THST.TO\JTHST E,Ir(:H TRIANGLE PL.AHTEI\ StWJ. lIE PROVIDED WITH "HEDGE a' I~I-VIWTHORNOREQUI'ÆIN'IT. '2" SHREDDED BARK MUlCH SHAll. lIE ADO TO NON PVt(f Þ#IfAI; THE BTH STREET PlANTERS SHALLBEPVrNTEDW/QUENP~, HOII5ET'-'LFEIItH, HEWZEÞUNDFlA)(, SOOAND/ORQk¡/r'iG(DAYLJ.I£S '2" SHREDDED BARK MUlCH SHAL1I1E ADO TO NON PI.ANT£1) ÞIIfA5 MAIN STREET PlANTERS SHALL CONTNH ONE ISG.II.~ TllfE FEIIN. fUCHSIA (1 GAL. 4 PER PLANTEIQ AND I GAL cuw. 'FRENCH HYBRIDS., 1'2" SP,Ir(:lf'IG&2"SHREDOEDIlAAKMU.CH 6, THE809BUSHLOTSHAl1RETNHTHEEXlSTlNG8OTTI.E8IUSI1TREES AND JUNIPER TREES IN PlANTERS ALONG 9TH ST1If£T AND BUSH "THE I'LANTER AT THE OOIlTH END SHALL Ðf PRO~DED WI S GAl. PHOTlNIA FRASERI IJO"I APART AND 1 GÞt OIVNGE DAY LlIES AT £NT1IW>ICE 12, .ARIONG fORtMl'LOYUcS WID ADDITIOW.I.PNII<ING FORPAlJ.OHS 812 NORTH SYCAMOI\E S'tR£ETP.waNG S~. @600I'£ETWEST. 11, P..waNG lOT STRIPPING, SlGNIGE AND I-WOCN'PED ,lr(:CESS SHALL C~ORM TO All. CITY AND STANDARDS. sa: OET"'" '2 (lffT\THIS SHŒT ALl CCX<I'ÆNlENCE AND D*ECTlCX<IAl SlGNAGE REGlIRE CONDITIONS a' AI'PROVAl 7, B09BUSHP.waNGLOTIHTERlORPlANTERSEACHSl-WJ.IlfTNHEJIIST\NG JUNIPER SHRUBS AND ADO ONE IS GAl NUSTOCItATFlOWlNG PENlI S TOTAl.! '2"SHREDDED8ARICMIJlCH. EXlSTlNG~TICIt-ISYSTEMTOfI£,I,I,\N B, lOSS H. BUSH p.watK> LOT WEST PlANTER SHAll BE F\JINISHEO 'MTH AHEOOEW/SGAL INDIAN HAWTHORN AT 3 fEET ~I«T N>lD SOD UNOERTI-If EXISTING PAI,MS 2" INCHES SHJlfDOED BAA.K MlACH TO All. PlANTERS 9. THE lOSS BUSH LOTsw.ü.RETNHTl-lfEXISTINGPAlMSN-ID IRIIIGATlONSYSTEM 10 (IOSS]EXlSTlNCINTERlORPlANTERSSHAl1JlfTÞlNEJIISTlHGTREES&PAlMS SOO AND '2" SHJlfOOeo BAAK MJLCH SHALL BE ÞDDED ... Ir ! EIGHTH SIRE ~::!'" ~ '" 'I'-r .... ",!r SOl N. MAIN STREET PARKING LOT ~'r' r ! ' .- -- -- ^ V z 0 ~ "- V> ~ 0( () Z ~ "" 2 "" - w 0 "- >- "- >- W N >- W '" Z ~ <{ =>V>u 0 z - u ;;: ~ W ::;: 0( () - 0( z z >- ~ - z 0 g ;15 - ~ I Iii ..6..REVI5ION 11.22-C4 ........ -... .. ,- -.. LI - 1/fN'~ .- -- .- ..... .- ....... .-- [II] GJ!I'I!'r'f ~ . I ~ ~ lu I ::: Îli.IUI ~ I . ! w.. . I Oa6 Y:>'YNY Y INYS 133M1S NIWI .N lOB NOlllAYd SHIV ÐNIWMO~M3d AlNnO) 3ÐN'v1IO ell 61 -==~~ I I I I L_-..J j, : ~! ~~ ~. I I í I I ::1<- ell 61 b .. ! - '" ell 61 I . e ... ~i': ~ ! §~:: I I Ë: .. I ~8' I d: ell 61 II .. - ell 61 (8 IIUDI ~i: "š, "1 §! :~ : I! œ : I' . 61 -------- = 'I II I I: I, c I- ",, I", II i ¡ 'I 1'.1 I. Ii. a !' I . ,I 'I. ':I . 1111111 f IIIII r ~. 1".'1 -, iI ..11'1' ~ let .'.. I I I " ~ U!3 ~ ~ ~ ¡: it !Pi ~ II: 11".1. ~~'Iiiill~ !III! ~ - -. - I IIi n I~' ~ ,; III:~ 1; 11,11; r.: I !.I.I:'i '11111!ill!I' ¡¡I .a!: il il I ~ UI ~I'II ~ iill ~ ~ Ilil II~ II m I. hl'~!I'i1ilil;ll;iiill~I'i¡il'mi'~; !Ii !Ii II! ~ b~ II ,IP I .II-Ib 'I ,I 'I II '~II' a' 'II '~I' . 11"11 i'~I" It: II-Iii - 1:1 Ir ~ IIII~ I fi~ lilll~ 'II I!!JII l!il!JII il! II' M'II~il II I I' Ii.:.' i~ ii ! 15 Id IIII~ 15 :.: 1~lllllllil !tl~ !=.,'b l'd:'!IIIIII~IIII,!illil~. ,..II~!~U~16:..IIIIIIII.I. Iu EI U . I.. i:J ;1 I. ,I.U "llIllillimb .._1 y y I.. ~~ _..- - --- -- _.._- i i ~ II ~ ~ ;¡ 0 i ~ Z Z . ~ u 9 " ~ ~ ~ ~ c " ~ § m ~ ~ § ~i î ~ ~ ~ .~ ~ I~ ð! ~ ~ ~ ~ I I! I ~~ ~ B ili. i ~ ~ . ~~! =1 ~~ ~ ð ~ a Z ~ Z ~.~ ~ ~ ~ g zš. . . .'.'. i ~ § i ~~ ~ ~ ~ ~ ~~ o~o a;~ ~d~ . ~ ~;~ ~ ~i!~ ~ ~ ~ II Ii ~¡ I ii !!! !ii ¡;iQ! i ~I Ii I .I~ !i i I e ~~ i ~~ š~ . i~ ~~~ ~~. ~i!~~i, ~~§ ~¡ i ~ § I~ ~ I i I I¡! i !¡ Ii ~I ~I ~i! ~I~ li¡~!~i III II I~¡i¡ ~I I I i . ~!~ i ~~.~ .~ <c "!" z~< o~~'~~i Ó'" .- oc.o¡ ð~. ~ ~ ~ ~õ~ ~ ~~ ~. ~~~ ~~ ~§~ ~~~~ ~~~i~B~ ~ð~i~~ ~~§~~ ~~ ~ Q~ ~ ~ z!~ R .~ ~! ~ig ~I~~I a~l~ E!~&=!= '~I~;! ~=!i! !I !~ ~~ ~ 5 ~~~ ; ~~~8° .~~ 5.~~~ì.~~.~ ~~~~~§o ~~<.~~ i.~ô~ ~~ ~~ '§ ~ ~ 6~~ ~ i~.~~ ~~~ ~~~~~~~~~~~ ~~~~~i~ ~~~~~ê !~§~~ î~ ~ð ~~ § ~ ~~~eR ~~Qo~ ~~~ ~~~.;¡~~~~~: ~~~i¡~~ ~~!~~~i~ãg~.."~~ ~~ ~~ ~ ~ ~5~u~ ð~~i~ ~i~ ,~õc~~;z!~~~ ~~~ê~62 ëð~c~~s~~~~~~~e ~~ ~§ ~' ~ ~~§~~g~~~~~~~'§~g~~~~~~!~;~-;;~~~~~~~¡!~§~~~~~~i!~i~~ì ~~ ~i ~~<I;~~~~~~~&i~~~~~~~~~i5~~~..~i~o~~~~@~~~~~~§~~g'¡2~ð2f~ ~~ ~~ z_~~::o~~~ ~ ::;~=e~~~~ :~ = u O~~d~~ ~ ~~ ~~ . ~ ~ ~6 ~6 ~ ii!~ ¡;:~ ;;; ~ð ~ð Õ! e~ 2~ ~ ~ ~ ~. ~ 0 00 ~~ ~H ì"> .> . - ~ ~ ~§i ~U ~n~ ~ s~~ i3~~ ~~£ ~ ~03° fô' ~ CJ \WI 5 3 Z ~ ~ ~I ~i!. ~ ~. ~ô~ ~ ~ ~ ~ ~ ~~~ ~. m ~i~ g ~ a' ~ ð.o~ ~ ~g~ ~>'1a ~ ~ì. ~~~ ~ ~ 8 ~ ~ 2~.3 = CJ C!i!!t! g~~~~ ~ ~n ~~sd ~ ðB ~¡ I 16-->r "1 I r I T I + I ..l.¡ I -i5 ~ => 1- ~ - ::: I b t I =F I I I I .. § ¡ ~~ ~~ 9 ~.,," ~ i .h' ~ --------, I I ~: ~ p'" i I ~ ! ¡~ ~!~ ~ I !i~ ~ I~ g ~~~ ~ ~~ ~ ~ ~~:._~J ~ ::¡ g ~ â ~ ~ d . ~ ~ I . ~ >- ! ¡ - ! ¡ ; ~ i EID I ,¡hi CO) I ! IiUh! , ':~~!~~i .... ! !i~~I~~ z HUUU ~ I0Il.......- DECEMBER 13, 2004 PAGE 1 OF5 Conditions for Approval Variance No. 2004-08 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 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4 . The hours of operation for the theater, rcot.::mra.nt and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. (Modified by the Planning Division) 5 . The truck loading area shall only operate between 8: 00 a. m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of ~ 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property VA 04-08 31~~~T5 DECEMBER 13, 2004 PAGE20F5 7. 8 . 9. 10. 11. 12. 13. with ~ 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. (Modified by the Planning Division) All required parking for the theater and restaurant shall be provided free of cost to the patrons. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. Directional and convenience signs, in compliance to Ana Municipal Code section 41-872, shall be provided theater patrons to the appropriate parking location. the Santa to direct A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed prior to issuance of the Certificate of Occupancy and approved no later than nine months after issuance of the Certificate of Occupancy. (Modified by the Planning Division) The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street, to oerve .:10 required p~rking for the office uoc ~t 801 Uorth rq~in Street. The exclusive use easement shall not be :required if this lot is included in the parcel map required by Planning Division Condition No. 10. (Modified by the Planning Division) The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. The parking facilities used to satisfy requirements shall be improved to comply with codes. The ~pplic~nt oh~ll comply 'liJith l~ndoc~pe pl~n conditiono: the parking all applicable the follmJing 318-16 DECEMBER 13, 2004 PAGE 3 OF5 â7 801 North Þ1.:1in Street: Thc l.:mdoc.::tpe pl.::tntcr .::tlong Duoh Street from Bighth to Ninth Street oh.::tll ret.::tin the exioting bottlebruoh treeD, provide .::t hedge of five g.::tllon oize pl.::tnt matcri.::tl ',;i th t..,"Q pl.::tnto per .::tdj .::tccnt p.::tr]Üng op.::tce of N.::tt.::tl Plum (C.::trioo.::t m.::tcrocarp.::t 'Tuttlci') undcr the cxioting bottlebruoh trceo, .::tnd pro~ide i~r£ gcr.::tnium .::to .::t groundcover. ~ddition.::tlly, the three .::tbove gr.::tde pl.::tntcro .::tlong Bighth Street oh.::tll providc thrce groupo of eight foot b.::tre trunk height King P.::tlmo (Se.::tforthi.::t cleg.::tno), one g.::tllon oize yello..; d.::tylilico (IIemeroc.::tllio 'Stcll.::t D' Oro' ) .::tnd blue d',;.::trf .::tg.::tp.::tnthuo (Ag.:1pz:mthuo '['etcr ['an') op.::tced 18 incheo .::tp.::trt, .::tnd onc g.::tllon oize red iv£ ger.::tnium op.::tced .::tt 18 incheo .::tp.::trt. Fin.::tlly, the t'..'O l.::trge oqu.::tre pl.::tntero .::tt the Þ4.::tin Street entr.::tnce oh.::tll provide one 15 g.::tllon oize l\.uotr.::tli.::tn Tree Fern (Cy.::tthe.::t cooperi) or T.::toffi.::tni.::tn Tree Fcrn (DicJeoonia .''.nt.::trctic.::t) .::tnd one g.::tllon oize Cli ~i.::t 'French IIybrido' op.::tced .::tt 12 incheo .::tp.::trt for e.::tchpl.::tnter. £r.- 809 North Duoh Street .::tnd 202 B.::tot Ninth Street parking lot. Thc l.::tndoc.::tpe pl.::tnter .::tt the north edge of the p.::t~{ing lot oh.::tll provide fi vc g.::tllon oize Photini.::t fr.::tocri 30 incheo .::tp.::trt under the exioting Holl)"y;ood Junipero. The t.y,"Q cxioting pl.::tntero in the center of the p.::trking lot .::tnd .::tt the t'.;o pl.::tntero .::tt the oouth edge of the p.::trking lot oh.::tll provide one 2 ~ inch box l\.riotocr.::tt Flo'.;ering Pe.::tro (pyruo c.::tllery.::tn.::t 'l\.riotocr.::tt') .::tnd one g.::tllon oize d.::tylilieo (Hcmeroc.::tllio 'Stell.::t D'Oro') op.::tced .::tt 12 incheo .::tp.::trt for e.::tch pl.::tnter. c.1055 North Duoh Street p.::trking lot. The l.::tndoc.::tpe pl.::tnter .::tt the '.;eot edge of the lot oh.::tll provide .::t fi~e g.::tllon oize hedgc of Indi.::tn II.::t'.;thorn (Rh.::tphiolepio indic.::t 'B.::tllerin.::t' or 'Spring R.::tpture') op.::tced .::tt three feet .::tp.::trt under the p.::tlm treeo. d.provide .::tn .::tutom.::ttic irrig.::ttion oyotem for .::tll of the ne.; or cxioting l.::tndoc.::tped .::tre.::to. e. Pro~v'ide t.y;O incheo of ohredded b.::trk mulch to .::tll l.::tndoc.::tpe pl.::tntero (Modified by the Planning Division) 14. Aall conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. (Modified by the Planning Division) 318-17 DECEMBER 13, 2004 PAGE40F5 15. 16. 17. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer(s) . The hours of operation for the restaurant andseøond floor~bar shall be as follows: 10:00 a.m. to 12:00 a.m. EiJeven days/a week. (Modified by the Planning Division) B. Police Department 1. 2. 3. 4. 5. 6. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. The petitioner(s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. Securi ty guards shall maintain order therein and prevent any acti vi ty which would interfere with the quiet enj oyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. 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. 318-18 DECEMBER 13, 2004 PAGE50F5 7. 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. 8 . Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. 318-19 REQUEST FOR Planning Commission Action eANNING COMMISSION MEETING DATE: SEPTEMBER 27, 2004 ~ ~ PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING AND VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus ~ut~~ ~g Manager RECOMMENDED ACTION Adopt a resolution: 1. Approving Variance No. 2004-08 for parking as conditioned¡ . Denying Variance No. 2004-10 (A1) for Sign No. A¡ 3 . Denying Variance No. 2004-10 (A2) for Sign No. A¡ 4. Denying Variance No. 2004-10 (B1) for Sign No. B¡ S. Denying Variance No. 2004-10 (C1) for Sign No. C¡ 6. Denying Variance No. 2004-10 (C2) for Sign No. C¡ 7. Denying Variance No. 2004-10 (D1) for Sign No. D¡ 8 . Denying Variance No. 2004-10 (D2) for Sign No. D¡ 9. Denying Variance No. 2004-10 (D3) for Sign No. D¡ 10. Denying Variance No. 2004-10 (D4) for Sign No. D¡ 11. Denying Variance No. 2004-10 (DS) for Sign No. D¡ 12. Denying Variance No. 2004-10 (E1) for Sign No. E' t . VA 04-08 31~~B 8 2 "¡ariance Nos. -=ptember 27, Page 2 2004-08 and 2004-10 2004 DISCUSSION Request of Applicant Caribou Industries is requesting approval of 12 variances from the Santa Ana Municipal Code (SAMC) for the proposed Orange County Performing Arts Pavilion to be located at 801 North Main Street. Variance No. 2004-08 is to allow the required parking for the office, theater and restaurant to be located off-site. Variance No. 2004-10 is to allow a total of four wall signs and a roof mounted sign with a reader board component. Property Description The project site is located on the northeast corner of Main and Eighth Streets. The zoning designation for the site is Midtown Specific Plan (SP-3), with General Plan land use designations of District Center (DC) and Professional and Administrative Offices (PAO). The proposed use is consistent with both General Plan land use designations. Surrounding land .es include a theater and commercial uses to the north; a parking lot, Iti-family residential and a commercial building to the east; and commercial uses to the south and the west (Exhibits 1 and 2) . The project site is an approximately 0.98 acre, L shaped parcel of land that has street frontage on Main, Bush, Eighth and Ninth Streets. It is developed with a 46,750 square foot, three level building formerly used by Bank of America. The site has 49 on-site parking spaces, with 13 of the stalls assigned via an easement to the adjacent theater use for required parking. As a result, the net number of spaces available at the site is 36. Project Description Caribou Industries is remodeling the existing vacant bank building to house the proposed Orange County Performing Arts Pavilion. The project consists of converting the main level of the building into a 374-seat theater and an incidental bar that will serve food and drinks to theater patrons. A new entrance foyer at the main level will have elevator and stair access and will serve as the primary entrance to the building. The main entrance to the building will face Bush Street, and the entrance on Main Street will become a secondary pedestrian and loading entrance. Both .i.uilding façades and entries will maintain their pedestrian quality in ~mpliance with the Midtown Specific Plan guidelines. 318-21 Variance Nos. 2004-08 and 2004-10 ~ptember 27, 2004 ""age 3 The second floor of the existing building will be modified to accommodate a full service restaurant with fixed seating area for 60 patrons, a 1,189 square foot kitchen and offices for the restaurant. A conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale of beer, wine and distilled spirits has been requested for the restaurant. The rear portion of the second floor will house offices and other ancillary uses to support the theater use. At the basement level, storage for the theater and the restaurant, along with the service systems for the building will be provided (Exhibits 3, 4, 5 and 6) . The applicant also proposes to provide a passenger loading area for the theater patrons, which will be used as the truck loading area Monday through Friday 8:00 a.m. to 5:00 p.m. The vehicular access to the site will be changed from Eighth Street to Ninth Street to accommodate the loading area. The parking lot will be re-striped and re-landscaped to current code. The theater complex will operate Monday through Friday from 6:00 p.m. to ~2:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. It ~ estimated that the administrative and business offices will operate Monday through Friday from 8:00 a.m. to 5:00 p.m. The proposed restaurant with bar has been conditioned to operate concurrently with the theater since they will serve theater patrons only. The parking requirement for the theater and restaurant with bar is 260 spaces, while the parking requirement for the administrative and business office use is 84 spaces. Since the site only provides 36 parking stalls, the applicant is proposing to provide off-site parking for the theater and restaurant venue at a surface parking lot at 1055 North Bush Street and at a parking structure at 1055 North Main Street (Exhibi t 7), which is only available during the hours of operation of the theater venue. The required parking for the administrative and business office use, which is Monday through Friday 8: 00 a .m. to 5: 00 p.m., will continue to be provided at the surface parking lot located at 809 North Bush Street and 202 East Ninth Street. Lastly, Caribou Industries proposes to install four internally illuminated wall signs and to re-instate a roof mounted sign. The existing illegal roof sign is intended to be refaced and contain a new reader board on the lower third of the sign (Exhibits 8, 9, 10, 11, 12 and 13). 8 318-22 Variance Nos. Aeptember 27, ~age 4 2004-08 and 2004-10 2004 The proposed theater was once thought to be a potential facility for the Orange County High School for the Arts (OCHSA). Staff understands that references to such an arrangement have been discussed in the community and that the applicant I s parking study makes reference to OCHSA. Staff has confirmed with the applicant, however, that the theater will not be associated with OCSHA. The analysis and recommendations in this report pertaining to the proposed signs and off-site parking are not affected by OCHSA's affiliation with or use of the proposed theater. Analysis of the Issues Parking The Midtown Specific plan envisioned the Midtown area as a vibrant and thriving urban place integrating districts of civic, business, cultural and retail activity. Since many of the buildings in this area were constructed over 20 years ago, they do not have sufficient parking to adequately provide for customers and employees, much less to accommodate 4Ijhe intensification and evolution of land uses envisioned for the area. The Midtown Specific plan identifies parking as one of the critical challenges facing the area, especially since adjacent residential neighborhoods could be impacted by the spillover of parking demands from the commercial uses. In an effort to address the parking challenges, the Midtown Specific Plan has established a parking strategy plan that encourages shared parking between different users to accommodate the anticipated increase in parking demand. In addition, the City has established an in-lieu parking district for Midtown to allow for parking code requirement relief for those who cannot provide on-site parking, shared parking, or a combination of both. The applicant's request to provide the required parking at off-site locations on a shared basis is in compliance with guidelines established in the Midtown Specific Parking Plan. The applicant is proposing to provide the required parking for the proposed theater and restaurant at two parking facilities that currently are used by the Orange County probation Department. In addition, the applicant is proposing to provide the required parking for the administrative and business use at its current off-site location across Bush Street. The applicant owns a portion of this parking lot and has a long-term lease on this property (through March 2030). To support the variance, the applicant has Arovided a shared parking analysis that calculates the parking demand ~or theater venue and associated office space, and studies the number of parking spaces available at the proposed parking facilities (Exhibit 14) . 318-23 Variance Nos. A=ptember 27, ~age 5 2004-08 and 2004-10 2004 The shared parking study prepared by Austin-Foust Associates shows the total number of parking spaces at the intended parking facilities is 691 stalls, with 613 stalls available at 5:30 p.m. Therefore, ample parking for the theater venue will be available since only 224 off-site parking stalls are required. The applicant proposes to secure the required parking spaces on an exclusive use basis during the theater's hours of operation via an easement. The proposed parking facilities are about 500 feet from the proposed venue, which is within the 800-foot walking distance identified in the Midtown parking plan's shared parking guidelines. In addition, the applicant will secure the use of 48 parking stalls in the parking lot across Bush Street for the exclusive use of the theater's administrative and business office. Therefore, since the applicant is able to accommodate the required parking on a shared parking basis, no in-lieu fees apply to this project. Conditions have been incorporated that are intended to address impacts to mitigate any concerns that may negatively affect the surrounding area and to ensure that spillover parking does not impact adjacent neighborhoods, such as French Park. Security guards and parking attendants will be ~equired to ensure parking from the designated parking lots occurs in an ~derly manner, with most of the pedestrian traffic anticipated on Bush Street. To encourage the use of the designated parking facilities, the parking will be free of charge for theater patrons. Signs Signs have a direct impact on the quality of the visual environment. When displayed correctly, along with serving as business identification, they can help improve community identity, conserve property values and improve traffic safety. When improperly displayed, they can promote visual blight and clutter. The Sign Code is designed to communicate positive community standards by establishing guidelines for size, location, type and number of signs. Sign A is an existing roof-mounted sign for which a new reader board component is proposed in the lower portion of the sign along with a new sign face to identify the theater. Variances for a roof mounted sign and to allow a reader board are required. The nonconforming code allows signs to remain as long as they continue to advertise the current use, the site is continuously occupied and no changes to the exterior of the building occur. Since the site has been vacant for more than a year, the roof mounted sign has lost its nonconforming status and must be Aemoved. Additionally, signs that incorporate motion, such as the ~roposed reader board, create distractions to the motoring public that in turn can impact public safety. As a result, staff does not support retaining this sign or adding the reader board component. 318-24 "'¡ariance Nos. .ptember 27, Page 6 2004-08 and 2004-10 2004 Sign B is a proposed wall sign with four foot high, internally illuminated reversed channel letters and a I3-inch high, internally illuminated reversed cabinet sign on the west elevation facing Main Street. A variance is needed to allow the internally illuminated cabinet component of the sign. In 1991, the City Council approved a comprehensive update to the City's Sign Code which included the prohibition of new cabinet signs in favor of individual channel letters, which are more architecturally compatible and aesthetically pleasing. Staff is supportive of Sign B, but not supportive of the cabinet component as individual letters are less intrusive and more compatible with the clean contemporary lines of the design of the building. Sign C is located on the south elevation facing Eighth Street and is identical to Sign B. However, in addition to a variance for the cabinet component of the sign, Sign C requires a variance to exceed the allowable size of a secondary sign. The sign, considered a secondary sign since it is not along the building's main elevation, is limited to a maximum of 50 square feet in area. The primary sign for this building «Sign B, which faces Main Street. Staff is supportive of the sign but t supportive of the cabinet component as discussed earlier, nor is supportive of a larger secondary sign, since a secondary sign is intended to provide secondary identification of the use and is required to be smaller than the primary sign. Sign D is located on the north elevation and is identical to Sign C. However, in addition to variances for the cabinet component of the sign and size, Sign D will also require a variance to allow its installation on a façade without street frontage, to exceed the maximum number of secondary signs allowed and to allow the sign to be placed higher than 20 feet on a building. Staff is not supportive of the cabinet sign or the increase in sign size as discussed earlier. In addition, staff is not supportive of increasing the number of allowed signs or the proposed location since signs above the roofline will interfere with signs for the adj acent property and increase clutter and visual blight on the street. Should the Planning Commission choose to approve this sign, an easement from the adj acent property will be required for the encroachment into their property. Sign E is a proposed wall sign with three-foot, four inches high internally illuminated reverse channel letters and an 11-inch high ~nternally illuminated reverse cabinet sign on the east elevation, ~cing Bush Street. A variance is needed to allow the cabinet component of the sign. Staff is supportive of the sign, but not supportive of the cabinet component as discussed earlier. 318-25 ~ariance Nos. 2004-08 and 2004-10 ~ptember 27, 2004 Page 7 In summary, staff is supportive of signage on the building as discussed. However, staff is not supportive of the requested variances from the Sign Code since the Code provides ample opportunity for business identification. Additional signage, installation of cabinet signs and increased sign sizes can result in visual clutter for Main Street and the Midtown area. Based upon the analysis of the project and the project's compatibility with the City's General Plan and the standards adopted by the Midtown Specific Plan, staff recommends approval of Variance No. 2004-08 as conditioned (Exhibits 15 and 16). Additionally, staff recommends that the Planning Commission support the recommended actions for Variance No. 2004- 10 (Exhibit 17). CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption 411rvironmental Review No. 2004-184 will be filed for this project. nnaus ant Planner II ,/ c V---u P LL:JM 11\reports\PC&ZA\va04-08 and va04-10.pc . 318-26 R1 R1 ~ SD-20 A1 GENERAL AGRICULTURAL -B PARKING MODIFICATION C.SM COMMERCIAL SOUTH MAIN C1 COMMUNITY COMMERCIAL C1-MD COMM. COMMERCIALJMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR GC M1 M2 MO 0 P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP ~ ~ VA 04-8/ VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A r9{' - - =500 FEET 1" = 1000 FEET p L A N N N G A N D B U I EXHIBIT 1 318-27 L D N G A G E N c y A OCHSA '" - lU 0 - LL LL Q 1 I- I- I PARKING I I w w W COUNTY W a:: a:: I- OF I- en en \!) \!) ORANGE ~ ~ PROBATION - ~ ~ a: a: OFFICE "I: "I: a.. a.. NINTH EIGHT z ëë :E -. COMMERCIAL - 0 .... RESIDENTIAL lU ~ :0 Q COMMERCIAL 0 STREET \!) -. ~ "I: - - ~ f.- ~ "I: <: a.. lU Q RESIDENTIAL - '" lU COMMERCIAL a: STREET :I: en ::;) m PARKING -. "I: -. - "I: f.- - 0> 0 lU lU Q :0 - :0 '" Q lU 0 ~ CIVIC CENTER DR. VA 04-8/ VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET .,.: en z 0 w CJ a:: ::;) D.. en A rP{' p L y A N N N G A N D B u EXHIBIT 2 318-28 L D N G A G E c N 902 (lfGN. HOt COMMfRCW, I .¡ I ,,~ I Jolt ..~- ,. JM: -~_... I CM80U HXJSTRES,INC. 1200 N. MAIN S1ÆET ..."'.." (714þ$43-MM f'AX(714)$4:).88n .' ',ir " . ""! 4t 41. !":" I 4' I~ -- , . - , , r ' 'r " ' r , r ..j,.1 . , r . . .... ~ I j =:- !;; ,,- Z . fCOUT'I' Of OAANGf ~ ~ r ... COMMERCW ~ Pt-~ -~. wg' I ~:- - . I - ' .... 0 I 1.1+ - 4 , ..~- -. ~- ~ ,- ~ ~= '-.:- ~'s:~~ . . @fI..SQn IA5ElICNTflOOllIDIH,,",,,,,, IU1SS,r . fIMTflOOl.IOIN."""" 1~.OOS5.f....' flltST FlOOl. M.CONI[S 680 S.f 'lNOFlOOlIOIN.""" IS03SSr, 01,.3 .'OUtflOOllK)Ulfl[fOOTIIŒ 46,nS$f '.lO'ÆlWYAU.~~NTS DlSTIHG~~~OWG 1f'HAD~,(8O'Jt AV.......eIf HOOH Of Na' I ~ :~= I :~:~:=~~ !!ffti 711fQUll\fOliNÐlCN'f'fOnAUSfOA.ÞCaWlUTYI'DTÞ8I.f II." IOI'MK!NG LOTSAHONJOtTlONN.'AMNGlOTSIlEOIS'IN) IASfMENT . OCC. 46 fllSTftOOl..OCC.482 !ofCONOFlOC*.OCC.1O III(ST~"((05t...'N't060MM ..w:INGS'lAIllIIIfQUMW 3825fAn.ll3- 1'21 '2.IISU,~Y.IJ'2II.. 101 13~~~~Ct£H8tI(vlono ~ I ""',. I. 'AlllClHGlOTSTIIII't'ItIGSHAUCOIof\YTOIlfQl.W(/rÐfTS 1'f..5NfT"'NUt.CfTYST~ '2. IN<<)SCoII'fStW.1COMI.TtO.QlJIIEAÐtf'S Pfl s.rMA NUo CITY STN'0W>5. 111.1~3-'H14 fAII114IS43-Hn ?OOIC.'.c.&7MICHIIC 1>02.....,.. Tmen rwySPDIIiUD I'MCfl2 lEGAt DE$CRIrTION: SITE PROPERTY 801 NOmt J.WN SÆfT 'lOCK..OI5P~f&S~ lOf.. ("MCm 1&2,6 THIW Iq 398.015.04 398-016-01,398-016.02 PMKlNG 8OOHORTHIUSH. 1II,3S43.J.JJ,.f20f1:11 'ARCElI aESIDENTW. COMMERCW ".f.. I ,,!.. EIGttTHSTlŒET : ".. ,,!.. ,,!.. III! 't,. , , EIGHTHSTRftT 4,. 4 . 4 J' 'r , . " OPEN PAAK/NG (UCI MEDICN. CENTE~ ~ .. I I I i , ,. 'r ~ I. ! ,. '1" ,I ¡. ,!,. . . , r I It i I OI'EN I'MKING I'MKlNGlOT(OIlU) I'MKING lOT P.ESIOEKTW .I~- . .,...... , r z 0 ~ "- ~ '" « 0 z :¡: '" 2 '" - w 0 "- >- .... >- W N >- W '" Z ~ « ::> on U 0 Z . U ~ ~ W ~ « 0 . « z z >- ;:¡ - z o~:;¡ 111[ ; I i .r.M no .. -III - .- .- .- .- -J< "- u """'~ -- -- ...... [II] Ceoar:ment vi Alc;:hcllc Sev~r:¡çe C.:ntrcI LlCENSE.D PREMISES DIAGRAM (RETAIL) SI;¡le :, :~"'crno;¡ G?A'( ::...VIS, .:;c...mor Business. :-r~nsoot1~uon ~ ...,Qu:ïlnq ..:.c;enc, YA¡:¡I... ':::Nr¡:¡ERA$-3'NE:7 Sec:..,;¡r/ 1 ~p,"...;c.,.:.N r N..,..E I.... ~rsI. TIlda., OC PERFOR.\(f}iG ;\H.TS P.-\ VILlON, lLC I:' ~C:ö!'<s¡¡ -,p~ ! ..8 J, "C¡EMISES ..CCRE"".Sn. ""'1W 3l'I2 ramo. "''Y, =0 CXI8' ! .'Je.~RESõ' :¡¡CSS Sõ'"EE, 30 [ :-l. y(AIN ST.. SANTA A...\fA. CA 9:'70! ¡ Tn~ diagr:un below is a true and correct descripcion of rh~ -:nrr::mc:s. exics, incerior walls and -:xrerior boundarìes 0 f rh¿ premises to be licensed. including dimensions. . DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178'-10' 29'-10' 31' 29'-10' 30' ST~ ::.. Ò C\J (EXISTING) RECORD VAULT ID ID 1,590 S.F. 6 ID ~. OPEN AREA t::J STORAGE ID ID ID ID 7,254 S.F. BASEMENT - NO SERVING AREA IN BASEMENT LIQUOR STORAGE AREA 136 S.F. It is hereby dedared that the above..Jescribcd boundari~ entranc::s and planned operation as indicated on the reverse side. will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control. I declare under penalty of perjury that the foregoing is true and correct APPt;~ SlGNA11JRE (CINy---1 CSilTlFlED c::RREC':' (S"_, FOR ABC USE ONL Y I ~INT'EC -.we I CA T1õ SIGNED ABC-257 (10102) IINS~CN c.:. T1õ VA 04-81 VA 04-10 3m-~~ð ) .... <:) ! I ~ L: ~ I - n II IC===-----n II II II II ----" II L___---::I1:::::::'-=._--, I ------ II II II - FIRST FLOOR SERVING AREA SERVING AAfA SQ. fT. EXHIBITION LOBBIES, MAIN LOBBY THEATER SEATING BAlCONY SEATING 2.500 S.F. ~,O~3 S.F. 680 S.F. 7,223 S.F. TOTAl. ~ FIXED BAR EX. DUMB WAITER TO BASEMENT LIQUOR STORAGE @ BAR .3LF 13'><1 B'X6' SHELVING RACIQ COOLER STORAGE@BAR.2.1 S.F.(2'.J 1")(2'.3')(31 DETAIL #2 . 8 '" l- V) Z ~ .,.",oa- Of'EN TO anow I!!I 8TH STREET ... z 0 ~ 0.. ~ (!) Z ~ '" 2 '" - W a 0.. I- "- >- W N I-Wo- Z ~ « => on U 0 Z - U ;;: =1 W :E ..: ~ . « Z Z I- ;;¡ - Z 0 g ji 1U ~ I ~ Ii! .. i ."... ... - -.., - ...- ...- ...- ...- - 11- U ftr. ..... ~ ..- td - T - T - -1 - T - T - Td oce. 2 I OCe. 1 OCe. 3.7 I SECURED BLOCK & 600 S.F. TACKlE ~ 1m I 360 S.F. 4." l1li ~ TWO.t«fIII(AAtB) !i III . ~ 0 I ~ z U flY DRO~ŒNERY ¡Z C) ~ PREP. AREA 1,320S.F. OCC.< 1m ! I OCC. <.5 1m flllSTItCi 1m FLY DROP/SŒNERY PREP. AREA 1.448S.F. FLY DROP/sŒNERY STORAGE 1,IB3S.F. 1m . SERVING AREA & RESTAURANT 5PMNO ÞItlASQ. n. .n...... '"""" 2.43SSJ'. 1,.19U'. UWl. ."'.. ~ CNU80U INDUSTREa,1C.. 1200H.MAJot'1REET ""'- (ll"~ fM,(1UI4-n - z 0 ;:¡ ~ "- ~ '" « ~ z ~ '" 0 "- '" - w 0 "- I- " >- W N I- W '" Z ~ « ::> VI u 8 ~ «- W ~ ~ ~ . « Z Z I- ;:¡ - Z 0 g jj III ! i ! I I .. .~... .... -... - .- .- .- .- - ,....., LI .".. ..... _HI ...... [ A~6 ] ~õ2 L Do ~, i! J! ~tò)~\ ~,~ ~:- ~i!h I~: Ii 0 =>, 13..c:. "',....'i 0 i ZIII¡£>< J.,. ... '" ~ ~ " ,- õ2 - ,¿5 v ! l J Il I II ~" .¡ I {~ ! i" ~ ~~- !~ ~ ;;;;.- ~~ ~ ê - ~: .' ~ . ~! ~ !! u = ~.. ".1- 1- ~ Is§ _1- .. ~~..~ ;:I\';~"'~;;~ m ~ ~~~~ !5;;_a.~a~.~ e~ e - 0 j h~ ¡" ,.~ ff ~. ~g - ~ . ~i ~ i~ ~ 5z ~" I ê!~1 ~ ~~ ¡~ i. ~~ - ~¡¡ g~ ä I ~ q¡!. ~~I ~.5g~ f !?z J¡ !a~~ I ~ ä ~ ~ ~§~g ~i~ i§gg~ il. ~¡¡¡ I i<~~.1 d~~. ! ¡H I~+- %uz!~~g ~::~~~ ~ ,~~ ~J;~g ;:;: . ¡¡ 8 H - u . ~ ~ ~ h ~ ~.. ~¡¡!!~ .~: ~ Legend 1 - 1055 North Main Street 2 - 1055 North Bush Street 3 - 809 North Bush 202 East Ninth Street IOLZ6 yj 'YNY Y INYS 133~lS NIWI "N 10(/ NOlllAYd mlV ÐNIw)O~~3d AlNnOj 3ÐN\f¡O ¡ ¡,illl f :=¡ ] ! i IUI < J I U......... i ..... ) 11lIOII SIØ1 -4 -- 11lIOII IDIIOJXJ IIrW ]$ ., ,. ~ ,., u + ..: + .. 'I ¡, i, ...~~ ===-===-===-=== VA Q!-~~ 04-10 1~7 ...... - Sign Variance Request Summary Table Sign Description Variance Code Section Purpose No. A A 148 square foot roof mounted A-I 41-860(3) To allow a sign that gives the sign with an 18 inch LED text illusion of motion display area in the lower portion A-2 41-862 To allow a roof mounted sign B An 82 square foot internally B-1 41-863(e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a cabinet on the west elevation, facing Main Street C An 82 square foot internally C-1 41-863( e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a C-2 41-863(b )(2) To exceed the maximum size ofa cabinet on the south elevation, secondary elevation sign facing Eighth Street D An 82 square foot internally D-1 41-863(a) To exceed the number of illuminated sign composed of secondary wall signs allowed on a reversed channel letters and a building cabinet on the north elevation D-2 41-863(a) To install a wall sign on a location not allowed D-3 41-863( d)(1) To install a wall sign above 20 feet from street finish grade D-4 41-863(b )(2) To exceed the maximum size ofa secondary elevation sign D-5 41-863( e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-1 41-863(e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a cabinet on the east elevation, facing Bush Street VA 04-10 EXHIBIT 8 318-34 - w~ ~ XeD ::t- ~~ cø~ ... Q - - - - I .... NOT TO ;)CALE ",...l....." ,.,~"r'...~,,, ,.."..~,.~". 10 J'J I I S(NflrlHH ! I - - - - - - SITE PLAN - - - - - - - 801 NORTH MAIN STREET SIGNS ~ 1--''''' "" Z « ::;: -", 53 -~ "" -~ NOTE: SIGN "A" IS AN EXISTING SIGN TO BE REFACED. iii LOT 2 PARCEL 4 -- I I-""\' ..". ttJ r '" I- -"" ~ :::J c '" I'r. L BOl PARKING LOf 3B SPACES - 11 RESERVED (B09) 49 TOTAL SPACES PARCEL 2 r LEGAL DESCRIPTION: SITE PROPERTY BOl NORTH MAIN STREET BLOCK B, 015 (PRICE & STELLA) LOT 4 (PARCELS ¡ &2,6 THRU 10) 39B.015.04 39B.0 ¡ 6.0 ¡. 39B.0 16.02 (PARKING BOO NORTH BUSHI. ð ...~ L PARCEL 1 . "'.~ e<ü/ò,Er'oll ,'mGROIINIJCOVE~ ~ 1L EIGHTH STREET ~.J .J :! ~ L ..... .J~L J!:L 50 Hn ,~,.. , r ! ,~,.. d 1 i ! " , r ,~,. 0+ 0 .. DOIl)o @] IBD 10 - .. .,," ',. '''''~''''''''I' '""~ 0 , J;L - -- - ... ~ z 0 ::::¡ ~ "- V> I- '" <{ Q z ~ Õ I- u. w '" w - w'" 0 "- I- " V> N ~ Z a- Z <ê <{ ::::¡ ::;: u 0 I <{- U I- Z w '" <{ Q 0 « Z Z I- <{ - Z '" 0 <{ 0 '" V> !iÈ ... "" ~ :E .... ~ ~ ~ 0< I 11ft[ . ~ I i ¡¡¡ I ä -... - - -.",U - 1/1 .- .- .- .- ~ I I I I I I I I I I I I I I I I I ¿3¿i ROjlCRANj AVL. )UII l I,:"}H ~I ';H;UN)j (1\ ',111/1') T;1 /1:9;-;7 I ~1'1.¿,(Ú.'J;'8) DuaneM.Corterto 1991~œ 8-19-01 RICHARD E. BENSON I Noted '017 aJSTOMERN'PRCNAl IANDLDRD Pl'PROWL I '. it;, ~ '. ALl RIGHTS REŒR\ÆD~ This design h8s been crellted f. you" conneC1ÎDn """h 8 pruj8C1 be", plenl'lllld'Of ~r~~~n~=~:)'br:..~~~~raumte inaoymannefwithoutJl'itrlDl881l: CONCEPTUAl DR~G ONL~ Dimen..... .,..Jimet& & nHI)' chaoge due 10 auøruction factors or eudfield condilØla C(jørg S\CMn 818 88 do. as printing will .Iaw; always 618kNtWlbl.tpecfic8liÐfUI <~ -" T -'- 1 - ' lI. I VA 04-8/VA 04-10 31 8-3&XHIBIT 10 5'- ' 5 7" 13' 10" 0 VIU @ I I I I I I I I I I I I I I I I I OuaneM.Coreto 1oot-OOO 8-1s.D1 RICHARD E. BENSON I N- 2<11 aJSlOMERÞPPR01IAl lANDlORD ÞPPROv.lt. I CONCEPTUßL OOItiMNG ONlY':: Dimsn--.. 1IfIIIIID1imaI:& & may change due to mlB81JjÎon f8t1ors œ sad field condiions. Cobs IßIM'II am as do. 118 prin'ling-MII alkw( 8WayS foIowwrben 8P8cWa1iona ALL RIGHTS REŒQ\€D: This de!ign twls blBn cre.ed for yw in CQM8C!ÌDn Mn II proj8d be_g p88nnød tor ;:r\.~Õn~=n':y b~ ~~":=:ï outside in any mannarwilhou1 pi"""'" I VA 04-8/ VA 04-10 rs't'B!3V I I I I I I I I I I I I I I I I I ~ '" ~ ~ Duane M . Corierto 1991-008 8-19-0$ RICHARD E. ŒNSON I N"",. 31#1 I CUS1OMERJlPPROVAl LANI10RU APPROWt. CONCEFTWIL DRN\IIoIG ONLY: DimsmÎOns: 8"' approlÎmalø & mil)' chango dUB to mmlnll:lionfaclœs Of eUdfield condiDIs. Ccb"s mown 8113 a8 do. as printing WiD aIøw; always fDlowWtben I!pøcó:ations ALL RIGHTS REŒR'ÆD: This desVn has been allded "..,... in connac1ionMh a project bøitgp¡.nnød for ~rbJ.v~=ôn~=':y ~~I~::P:=:r outside i1 IIny manner without prior consent I VA 04-8/ VA 04-10 35f~82 I I I I I I I I I I I I I I I I I aD aRT I 2321 ROSECRANS AVE. SUITE 1250 EL SEGUNDO, CA 90245 T 310.297.9777 F 310.297.9780 SAI£S: DRAWING IX'B II: DATE: DRAWN BY: SCALE. SHEEl' o...e II ConIentu 1991-009 !-2S-44 RICIW<Ð E. 8ENSOH. - ..u CUSTOMER""""""'" ..'. ;;:;Oi¡;';ì\.¡ ¡-.'-llvl¡;;;)ü,f\j-" LANDLORDAPPROVAL CA. STATE co~n-:J,CTOR:') UCENSE ¡';'¡¿I)\JS: CONCEP"I'UAL DAAWWG QN...Y: ~"~&"*'c:twngedllllo CIOII8Ndioft f8r:tIn or <U8Ct..... concIIionL Colon .,.,..,.... dIM - prirRI8" 8111M;"'" toIowwrillen~- AlL RIGHTS RfESERVED: 1W8 d88IgrI hili been outed for JOU In c:onnedIan ...... . pIOj8ct .... pI8nned lot yoII~IÐMT. It.,...,.not"lIhownto~0u88id8 'fIM~-...,...,.noI"~ ¡"8I'I!I'II\8MIII'wiI'IoutpriOr~. I VA 04-8/ VA 04-10 3~>B~3 City of Santa Ana ORANGE COUNTY HIGH SCHOOL OF THE ARTS Shared Parking Study Prepared by: Austin-Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, California 92705-7827 (714) 667-0496 September 15,2004 VA 04-8/ VA 04-10 EXHIBIT 14 318-40 ORANGE COUNTY HIGH SCHOOL OF THE ARTS Shared Parking Study INTRODUCTION The Orange County High School of the Arts (OCHSA) is cUlTently converting a 46,725 square foot office building at 801 North Main Street in the City of Santa Ana, into a 374 seat theater and 3,624 sf restaurant. The site itself includes 49 parking spaces, 13 of which are shared use. The remaining located immediately across Bush Street. The theater use will rely on a shared use parking arrangement with two adjacent parking lots (i.e., 1055 North Main and 1055 N. Bush Street). This parking study examines those sites to ensure adequate parking is available. The City parking code requires one parking space for each three seats and/or one space per 28 square feet of assembly area. Based on 374 seats, the City code parking requirement equals 125 spaces for the theater alone. In addition, to the theater (15,055 sf) and the restaurant (3,624 sf) there is a small bar (100:!: sf) and a common area which by City of Santa Ana parking code requires a total of252 parking spaces assuming the offices are vacant after 6:00 PM. The total office space available is conservatively estimated at a maximum of 28,000 sf. This creates a parking requirement of 84 parking spaces. Assuming no more than 10 percent of the office would be in use after 6:00 PM, the maximum peak parking demand for the evening uses is estimated at 260 spaces (252 + 8). However, the issue of code required parking is complicated somewhat by the multiple use of the building. During the normal workday (8:00 AM - 5:00 PM) about 28,000 square feet of the building will be utilized as office space that supports the theater use. The theater will only be used in the evenings (i.e., after 6:00 PM) when the offices functions are closed. Although the City code parking for a theater is one space for three seats, and this is a typical requirement, a sold-out performance with staff, actors and audience could exceed 108 spaces. A typical peak parking demand for a theater based on actual vehicle occupancy ranges ITom 2.25 to 2.75 persons per vehicle (i.e., other than staff, very few patrons drive to a theater performance alone). Use of a worst case scenario of 2.0 persons per vehicle indicates a peak parking demand of 187 spaces. However, the City code calculation of 260 spaces remains the critical issue. Therefore, it is concluded that for a sold out performance, shared parking for about 211 spaces (260 - 49) will be required. Orange County High School of the Arts Shared Parking Study Austin-Foust Associates, Inc. 92400 I rpt.doc 318-41 The next question is "Are there at least 48 spaces available before 5:00 PM and 211 unused spaces available after 6:00 PM, and if so, where are they and what guarantee is there they will be available long tenn?" An actual count of the available parking (after 5:00 PM) in the lots controlled by this property owner is 613 spaces - well in excess of the 211 required. Table 1 illustrates the availability of parking on-site and in the two adjacent parking facilities controlled by this property owner. It reveals adequate unused parking is available both before and after 5:00 PM to meet this building's shared use demand. Caribou Industries, the owners of the OCHSA theater, also owns a number of other office buildings within close proximity to this theater. Table 1 identifies two other existing parking facilities controlled by Caribou Industries directly across the street from the OSHSA theater that can provide shared parking. These parking facilities are all virtually empty after 5 :00 PM as they support office uses in the area. As indicated in Table 1, there are a total of 740 parking spaces available, virtually all of which are unused after 6:00 PM, which can more than supply the 211 or so shared use spaces for the theater. CONCLUSION In summary, it is concluded that based on a "worst case" scenario of a sold out perfonnance that shared use parking of up to 211 spaces may be needed by the OCHSA theater as well as up to 71 spaces for the daytime office use. These spaces can be supplied from Caribou Industries controlled facilities across the street for the theater. These shared use facilities encompass a total of 740 spaces which have sufficient vacant space during both daytime and nighttime and their continued availability can be assured since Caribou Industries owns and controls them. Orange County High School of the Arts Shared Parking Study 2 Austin-Foust Associates, Inc. 92400 I rpt.doc 318-42 Table I AVAILABLE "SHARED USE" PARKING FOR OCHSA (i.e., within two blocks) Total Spaces Spaces Vacant Spaces Vacant Lot Location Available at 2:30 PM at 5:30 PM 1 1055 North Bush 174 38 169 2 1055 North Main - Parking Garage 517 33 434 Sub-Total 691 71 613 3 801 North Main (on-site) 49* I 36 I 49 TOTAL 740 107 662 * 13 of which are shared use with others Orange County High School of the Arts Shared Parking Study 3 Austin-Foust Associates, Inc. 92400 1 rpt.doc 318-43 ~ariance No. 2004-08 ~ptember 27, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. . The City approved the development on this site in 1965 to serve as a bank and office building with 49 on-site parking spaces. Due to changes in the City's regulations and intensification of use, this building is not able to accommodate its required parking demand on site, and must rely on off-site parking to serve its parking demand. The Midtown Specific Plan adopted provisions to allow shared parking between uses that operate at different times to mitigate the lack of parking in this area. Since the project is located in the Midtown Specific Plan zoning district, and shared parking is encouraged, the strict application of the parking zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to allow off-site parking is necessary for the preservation and enjoyment of the applicant right to re-establish a permitted use on a developed site. Parking is required for the economic viability of the project, as well as for compliance with the City's regulations. c. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. . The granting of a variance for off-site parking will not be materially detrimental to the public welfare or injurious to surrounding property as conditioned. The conditions established for the project are intended to mitigate any concerns that may negatively affect the surrounding area by insuring that required parking demand will be accommodated in designated areas, which will be available to patrons of the VA 04-8/ VA 04-10 3f~1I-15 Variance No. 2004-08 ~ptember 27, 2004 ~ge 2 of 2 proposed venue. It is anticipated that the project will enhance the economic stability of the area by redeveloping a site with an evening use, extending the potential of pedestrian activity in the local area. D. That the granting of the General Plan of the City. variance will not adversely affect the The granting of the variance will not adversely affect General Plan of the City since the proposed theater restaurant has been designed in conformance with the zoning, development and General Plan requirements. the and City . . 318-45 SEPTEMBER 27, 2004 PAGE 1 OF5 Conditions for Approval Variance No. 2004-08 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 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater, restaurant and bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5 . The truck loading area shall only operate between 8: 00 a. m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The appl icant shall record an excl usi ve use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 224 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 224 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. ~~:-10 SEPTEMBER 27,2004 PAGE20F5 7 . 8 . 9. 10. 11. 12. 13. All required parking for the theater and restaurant shall be provided free of cost to the patrons. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. Directional and convenience signs, in compliance to Ana Municipal Code section 41-872, shall be provided theater patrons to the appropriate parking location. the Santa to direct A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed and approved. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. The parking facilities used to satisfy requirements shall be improved to comply with codes. The applicant shall comply with landscape plan conditions: the parking all applicable the following a. 801 North Main Street: The landscape planter along Bush Street from Eighth to Ninth Street shall retain the existing bottlebrush trees, provide a hedge of five gallon size plant material with two plants per adjacent parking space of Natal Plum (Carissa macrocarpa 'Tuttlei') under the existing bottlebrush trees, and provide ivy geranium as a groundcover. Additionally, the three above grade planters along Eighth Street shall provide three groups of eight foot bare trunk height King Palms (Seaforthia elegans), one 318-47 SEPTEMBER 27, 2004 PAGE30F5 gallon size yellow daylilies (Hemerocallis 'Stella D' Oro' ) and blue dwarf agapanthus (Agapanthus 'Peter Pan') spaced 18 inches apart, and one gallon size red ivy geranium spaced at 18 inches apart. Finally, the two large square planters at the Main Street entrance shall provide one 15-gallon size Australian Tree Fern (Cyathea cooperi) or Tasmanian Tree Fern (Dicksonia Antarctica) and one gallon size Clivia 'French Hybrids' spaced at 12 inches apart for each planter. b. 809 North Bush Street and 202 East Ninth Street parking lot: The landscape planter at the north edge of the parking lot shall provide five gallon size Photinia fraseri 30 inches apart under the existing Hollywood Junipers. The two existing planters in the center of the parking lot and at the two planters at the south edge of the parking lot shall provide one 24 -inch box Aristocrat Flowering Pears (pyrus calleryana 'Aristocrat') and one gallon size daylilies (Hemerocallis 'Stella D'Oro') spaced at 12 inches apart for each planter. c. 1055 North Bush Street parking lot: The landscape planter at the west edge of the lot shall provide a five gallon size hedge of Indian Hawthorn (Rhaphiolepis indica 'Ballerina' or 'Spring Rapture') spaced at three feet apart under the palm trees. d. Provide an automatic irrigation system for all of the new or existing landscaped areas. e. Provide two inches of shredded bark mulch to all landscape planters 14. All conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. 15. There shall be no live entertainme~t., ..~~~p.tfp;r .t~tP~o:y':i.9~q by the . theatrical pe+,fq~c:e, in .t;A~te$t.ø,ijran.t, b~ar~åÞr t.heater. (Modi:Eied by tbe Planning Commission on September 27 I 2004) 16. The use... of o~tside prom.ot.ers, w:þ.ic:þ. .i%icludesthird parties producing permitted per£qrmances at the £ê!oi1ity,shall be prohi):)~ted. ApplicéUlt shall maintain control.of thefac:ility, including the parking lots, restauránt and bar, ..at all times 318-48 SEPTEMBER 27,2004 PAGE40F5 B. the facility is O;peJ).t9th~.p~+:i.c, an<ii~~lcoJ).ç~ët.ct;.~ for pe~itted!Q.se$ ..q;.t;...]:.he facility shall be bét_en applicant and the ~:rformer (a).. (Modified by tbe Planning Commission on September 27, 2004) Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner(s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. 3 . The applicant(s) shall pursuant to California entrance to the parking place a placard prohibiting loitering, Penal Code (CPC) Section 602, at each lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. 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. 7. 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. 318-49 SEPTEMBER 27,2004 PAGE50F5 8. Between the hours of 6:00p.m. and. 12:00 a.tn. ~ or at any time tbe premit:Jes ëp:e providing entertainment, . the applicant shall provide a minir:qum of . two, uniformed State licensed security guards in the~~rkìng lot at 1055 NortJ:1 B.ush. Str~t~ci the parking structure located at 1055 North Main. and one unifopned State licensed security. guard at 801 North Main street. (Modified by tbe Planning Commission on September 27, 2004) 318-50 ~riance No. 2004-10 ~ptember 27, 2004 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates sign variances for the Orange County Performing Arts Pavilion. The building is situated at a corner, with unobstructed views on three of the four building elevation. Similar projects have installed signage that is in compliance with the Sign Code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. . That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is not necessary to preserve property rights as the Orange County Performing Arts Pavilion will still maintain the ability to modify signage to meet City codes and allow identification of the business. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for signage may be detrimental to the area by allowing excessive and large signage on the building that may contribute to adverse aesthetic impacts along Midtown. D. That the granting of the General Plan of the City. variance will not adversely affect the . The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. VA 04-8/ VA 04-10 3fB~S17 KO - 12/21/04 RESOLUTION NO. 2004-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION LOCATED AT 801 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. B. C. Applicant is requesting approval of Variance No. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. On September 27, 2004, the Planning Commission held a duly noticed public hearing and approved Variance No. 2004-08. 1. On October 11, 2004 the Planning Commission voted to reconsider the adoption of Variance No. 2004-08. On October 25, 2004 the Planning Commission held a duly noticed public hearing on Variance No. 2004-08. The Planning Commission continued the public hearing to November 22, 2004. 2. On November 22,2004, the Planning Commission further continued the public hearing to December 13, 2004. The Planning Commission determines that for Variance No. 2004-08 the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 3. 1. 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 City approved the development on this site in 1965 to serve as a bank and office building with 49 on-site parking spaces. Due to changes in the City's regulations and 318-52 Resolution No. 2004-51 Page 1 of 4 2. intensification of use, this building is not able to accommodate its required parking demand on site, and must rely on off-site parking to serve its parking demand. The Midtown Specific Plan adopted provisions to allow shared parking between uses that operate at different times to mitigate the lack of parking in this area. Since the project is located in the Midtown Specific Plan zoning district, and shared parking is encouraged, the strict application of the parking zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. 3. The granting of a variance to allow off-site parking is necessary for the preservation and enjoyment of the applicant right to re-establish a permitted use on a developed site. Parking is required for the economic viability of the project, as well as for compliance with the City's regulations. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 4. The granting of a variance for off-site parking will not be materially detrimental to the public welfare or injurious to surrounding property as conditioned. The conditions established for the project are intended to mitigate any concerns that would negatively affect the surrounding area by insuring that required parking demand will be accommodated in designated areas, which will be available to patrons of the proposed venue. It is anticipated that the project will enhance the economic stability of the area by redeveloping a site with an evening use, extending the potential of pedestrian activity in the local area. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed theater and restaurant has been designed in conformance with the City zoning, development and General Plan requirements. 318-53 Resolution No. 2004-51 Page 2 of 4 In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Variance No. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. D. 2. ADOPTED this 13th day of December, 2004 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: Cribb , DeLaTorre, Leo, Lutz, Mondo, Nalle,Sinclair(7) None (0) None (0) None (0) Commissioners: Commissioners: Commissioners: Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney 318-54 Resolution No. 2004-51 Page 30f4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution NO.2004-51 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Clerk of the Planning Commission City of Santa Ana 318-55 Resolution No. 2004-51 Page 4 of 4 Conditions for Approval for Variance No. 2004-08 Variance No. 2004-08 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 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. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning Commission, the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5. The truck loading area shall only operate between 8:00 a.m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. Exhibit "A" 318-56 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. Directional and convenience signs, in compliance to the Santa Ana Municipal Code section 41-872, shall be provided to direct theater patrons to the appropriate parking location. A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed prior to issuance of the Certificate of Occupancy and approved no later than nine months after issuance of the Certificate of Occupancy. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street. The exclusive use easement shall not be required if this lot is included in the parcel map required by Planning Division Condition NO.1 O. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. The parking facilities used to satisfy the parking requirements shall be improved to comply with all applicable codes. Except for Condition NO.1 0, all conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer( s). The hours of operation for the restaurant and second floor bar shall be as follows: 10:00 a.m. to 12:00 a.m. seven days a week. Exhibit "A" 318-57 B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner(s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. All graffiti on the marble finish shall be cleaned and not painted over. 3. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. 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. 7. 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. 8. Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. Exhibit "A" 318-58