HomeMy WebLinkAbout75D - 2032 N. MAIN ST.
REQUEST FOR AGENCYI
COUNCIL ACTION
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MEETING DATE:
SEPTEMBER 6, 2005
TITLE:
JOINT PUBLIC HEARING - AMENDMENT APPLICATION
NO. 2005-04 TO ALLOW A ZONE CHANGE FROM
COMMERCIAL-MUSEUM DISTRICT TO SPECIFIC
DEVELOPMENT NO. 78, CONDITIONAL USE PERMIT
NO. 2005-20 TO ALLOW A BANQUET FACILITY,
LAND USE EXCHANGE AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND STEADFAST SPE, LEASE
AGREEMENT BETWEEN CITY OF SANTA ANA AND THE
BOWERS MUSEUM, AMENDMENT TO OPERATING
AGREEMENT BETWEEN CITY OF SANTA ANA AND THE
BOWERS MUSEUM, AND APPROPRIATION ADJUSTMENT
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CITY MANAGER r<.lZXECU IVE DIRECTOR
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CLERK OF COUNCIL USE ONLY:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
CITY COUNCIL ACTION
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2005-45.
2. Adopt an ordinance approving Amendment Application No. 2005-04 and
Specific Development Plan No. 78 (SD-78).
3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as
conditioned.
4. Adopt a resolution which will:
A. Approve a Land Exchange Agreement between the City of Santa Ana
and Steadfast SPE;
B. Approve a Lease Agreement between the City of Santa Ana and The
Bowers Museum for the construction of the museum expansion and
related improvements; and,
C. Approve an amendment to the Operating Agreement between the
City of Santa Ana and The Bowers Museum.
D. Authorize the City Manager to accept title to a portion of the
Bowers parking lot at 1900 North Main Street owned by the
Community Redevelopment Agency of the City of Santa Ana.
750-1
The Bowers Museum Expansion Project
September 6, 2005
Page 2
5. Approve an appropriation adjustment authorizing a $200,000 loan
repayment from the Central City Redevelopment Project Area and
appropriating $200,000 to the Bowers Museum activity in the General
Fund.
COMMUNITY REDEVELOPMENT AGENCY ACTION
1.
Authorize a
Redevelopment
General Fund.
$200,000 loan
proj ect Area to
repayment from the Central
the Bowers Museum activity in
City
the
2. Authorize the Executive Director to transfer title to the portion of
the Bowers parking lot located at 1900 North Main Street it owns to
the City of Santa Ana.
PLANNING COMMISSION ACTION
On July 25, 2005, the Planning Commission recommended that the City
Council approve and adopt the Mitigated Negative Declaration and
Mitigation Monitoring Program, Environmental Review No. 2005-45; adopt an
ordinance approving Amendment Application No. 2005-04 and Specific
Development Plan No. 78 (SD-78); and adopt a resolution approving
Conditional Use Permit No. 2005-20 as conditioned by a vote of 6:0
(Gartner absent) to allow a zone change from Community Commercial-Museum
District (C1-MD) to Specific Development No. 78 (SD-78) and to allow a
banquet facility at The Bowers Museum, 2032 North Main Street (Exhibit
A). The Planning Commission added two conditions allowing Planning staff
to review a redesigned architectural treatment to the proposed northern
secondary entry along the Main Street (east) elevation and walls on a
ramp along the north elevation to ensure appropriate building materials
and design.
On August 22, 2005, the Planning Commission reconsidered the actions for
the Bowers Museum expansion focusing on the two added conditions. After
discussion, the Commission recommended changes to the conditions and are
reflected in the conditions of approval. The changes allow a refined and
more detailed arch feature at the entry, but retain the requirement that
the arch and ramp walls be finished with genuine stone instead of a
synthetic stone material.
750-2
The Bowers Museum Expansion Project
September 6, 2005
Page 3
DISCUSSION
Along with the Planning Commission actions, four additional city council
actions will be necessary to allow the Bowers expansion proposal to move
forward. The proposed resolution will authorize a land exchange
agreement, a lease agreement, an amendment to the operating agreement
between the City and The Bowers Museum, and a Redevelopment Agency
financial contribution. The land exchange agreement is needed in order
to facilitate the transfer of ownership of the existing surface parking
lot land at Main Street between 19th and 20th Streets and property to the
north, which is adjacent to the Museum expansion. This property to the
north is presently owned by Steadfast and this exchange will result in
Steadfast's construction of a new surface parking lot on this property.
It will also allow Steadfast to move forward with its development
proposal. As part of the land exchange, Steadfast will be responsible
for constructing the proposed surface parking lot and installing a signal
on Main Street. The City's contribution to the parking lot construction
will be capped at $70,000.
Under the lease agreement, the City will lease the existing north parking
lot, and potentially other parking facilities to the Museum corporation
on which the Museum will construct the expansion and other improvements.
Upon completion, the leased land along with the constructed facilities
will revert to City ownership and control. Pursuant to the amendment to
the operating agreement, the Museum will agree to operate the expansion
as part of the entire museum complex subject to certain annual City
appropriations for maintenance and repair of the facility.
Finally, the Council and Agency will authorize the City Manager and
Executive Director to unify the ownership of the current Bowers parking
lot under the City.
The repayment of a portion of the Redevelopment Agency's debt from the
Central City Redevelopment Project Area to the City's General Fund will
provide $200,000 to assist with the predevelopment and other costs for
the Bowers expansion.
These actions along with the Planning Commission actions will facilitate
the entitlements for the Bowers expansion as proposed.
750-3
The Bowers Museum Expansion Project
September 6, 2005
Page 4
FISCAL IMPACT
Upon approval of the loan repayment and appropriation adj ustment, funds
will be available for predevelopment and other costs related to the
Bowers expansion (account no. 11-221-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
ay M. Trevino
x utive Director
Planning & Building Agency
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Francisco Gutierrez J
Executive Director 1
Finance & Management Services Agency
r7/vn ?f!f!ALcJO->(dCj
fr~patricia . Whltaker
Executive Director
Community Development Agency
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750-4
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION MEETING DATE:
JULY 25, 2005
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - AMENDMENT APPLICATION
NO. 2005-04 TO ALLOW A ZONE CHANGE FROM
COMMERCIAL-MUSEUM DISTRICT TO SPECIFIC
DEVELOPMENT NO. 78 AND CONDITIONAL USE
PERMIT NO. 2005-20 TO ALLLOW A BANQUET
FACILITY
Prepared by Sergio Klotz
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Executive Director
Planning Manager
MENDED ACTION
Recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2005-45.
2. Adopt an ordinance approving Amendment Application No. 2005-04 and
Specific Development Plan No. 78 (SD-78).
3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as
conditioned.
DISCUSSION
Request of Applicant
The Bowers Museum is requesting an amendment application in order to allow
the expansion of the existing museum and the allowance of ancillary uses
at 2032 North Main Street. Specifically, the applicant is requesting a
zone change from Community Commercial-Museum District (C1-MD) to Specific
Development No. 78 (SD-78). Additionally, a conditional use permit for a
banquet facility will be required in the Specific Development No. 78
zoning district.
Property Description
The project site is approximately 3.62 acres in size and rectangular in
shape located primarily along Main Street, north of Twentieth Street. The
site is improved with the existing two-story museum building, which
EXHIBIT A
750-5
Amendment Application No. 2005-04
Conditional Use Permit No. 2005-20
July 25, 2005
Page 2
includes 61,200 square feet. Immediately to the north of the museum is a
former motel site currently utilized by the museum as ancillary office and
storage space as well as employee parking. Additionally, to the south of
the museum exists a surface parking lot.
The current
(C1-MD) with
Surrounding
facility to
uses to the
and 2) .
zoning designation is Community Commercial-Museum District
a General Plan land use designation of District Center (DC).
land uses include the Kidseum and Saint Josephs Ballet
the south, residential and office uses to the west, office
north and various commercial uses to the east (Exhibits 1
Project Description
The Bowers Museum intends to expand the existing museum building to
provide additional exhibit and special events space. The proposed
addi tion will be one story, 33,100 square feet structure constructed to
the north of and contiguous with the existing museum. The addition will
provide a new main lobby to the museum, two additional exhibit galleries,
an atrium for both rotating exhibits and events, a 340 seat
theater/auditorium for lectures and seminars, restrooms, a gallery service
and preparation area and a cafe/catering kitchen. A new gated and walled
landscaped sculpture garden/courtyard is planned adj acent to the atrium
and will provide overflow space for special events as well as providing a
visual amenity (Exhibit 3) .
The new entry courtyard and building lobby is oriented to Main Street and
is distinguished by a grove of orange trees reminiscent of historical
Orange County. The existing entry through the historic bell tower arch
will remain as an entry for group tours. All other patrons will enter
through the new entry lobby and courtyard located at the center of the new
museum facilitating equal access to the galleries located in both the
existing and new expansion.
As part of a separate transaction, the existing south parking lot site
will be swapped with the existing office site to the north of the museum.
The terms of the land swap will facilitate the demolition of the existing
office structures to the north, construction of a new surface parking lot
and the installation of a traffic signal. The existing southern surface
parking lot will be processed through a separate applicant and entitlement
requests. A new landscaped parking lot for approximately 131 parking
spaces will be located adjacent to the expansion.
750-6
Amendment Application No. 2005-04
Conditional Use Permit No. 2005-20
July 25, 2005
Page 3
The Specific Development Plan is necessary to maintain the integrity of
the existing site and provide consistent uses and appropriate development
standards throughout the 3.62-acre parcel. The establishment of a
Specific Development Plan will allow for flexibility in the site planning
and design, while ensuring development of a high quality museum campus.
The project will change the zoning designation of the existing site from
Community Commercial-Museum District (C1-MD) to Specific Development No.
78 (Exhibit 4). The intent of the Specific Development Plan is to
accommodate the expansion of the museum and its ancillary uses.
Additionally, the proposed zoning amendment would address development
standards appropriate for a museum setting.
Parking for the museum facility will be accommodated utilizing the new
surface parking lot adjacent to the expansion, a new surface parking lot
at the southeast corner of Main Street and Interstate 5 (I-5) southbound
on-ramp and shared parking with the Orange County Federal Credit Union
facility at 2115 North Broadway and Rancho Santiago office site at 2323
North Broadway. A total of 622 parking spaces will be provided through
these parking arrangements to accommodate the built out museum and
ancillary uses (Exhibit 5) .
Analysis of the Issues
Amendment Application
The City's Specific Development District was authorized and established
for the purpose of protecting and enhancing the value, appearance and
orderly development of property. In order to facilitate the proposed
expansion of the museum use and allow flexibility in the development
standards, the proposed zone change to Specific Development No. 78 would
be most appropriate. The Specific Development would allow the museum and
its ancillary uses to be accommodated in a comprehensive setting.
The proposal supports the General Plan policies of encouraging commercial
development along arterial streets, supporting developments that are
harmonious with existing development in the area, provides the community
and region economic and service benefits, and promotes the City's image as
a regional acti vi ty center. The further establishment of the Bowers
Museum as a regional attraction and the positive image reflected by a high
quality facility will strengthen the areas commercial uses, encourage
further development and provide additional cultural services to the City
and region.
750-7
Amendment Application No. 2005-04
Conditional Use Permit No. 2005-20
July 25, 2005
Page 4
Conditional Use Permit
In order to maintain consistency with the Bowers Museum Specific
Development Plan No. 78 would require a conditional use permit to operate
a banquet facility. The current development proposal includes a 6,300
square foot atrium that would be utilized for banquets and special events.
Currently, the Bowers Museum hosts approximately 625 banquets and special
events per year in their outdoor courtyard, conference center, north
parking lot, galleries and restaurant. These events have included
weddings, academic seminars, fundraising galas and corporate meetings.
The proposed atrium space is intended to house most of these events. The
events have ranged in size from a dozen to hundreds of participants.
The parking for the proj ect will be directly tied to the specific floor
plan submitted. Any future expansion of the assembly areas or deviation
from the approved uses or floor plan resulting in a higher parking demand
would require a re-evaluation of the conditional use permit by the
Planning Commission. Bowers Museum currently manages the parking through
a professional parking company that arranges shared parking agreements.
These agreements typically coordinate events in the evening and weekends
when surrounding parking supplies are available. This method has proved
successful due to the willingness of surrounding properties to participate
and the availability of spaces. The proposed Specific Development 78
would allow the continued practice of shared off-site parking through the
use of a professional parking management company.
A parking study was conducted analyzing the existing and future proj ect
conditions. As a part of that analysis, parking was studied during
weekend peaks, large assembly events and weekday peaks. The study
concludes that a peak demand of 369 parking spaces are needed on the
weekends, 213 on weekdays and 450 during large assemblies. Approximately
221 parking spaces will be provided between the new parking lot along the
north side of the expansion and the triangle parking lot at Main Street
and the southbound 1-5 on-ramp. Additionally, there is a small parking
lot (approximately 20 spaces) located directly across from the museum
along Main Street. These locations will accommodate any weekday peak
demands. For weekend and large assembly events, the use of additional
parking at the Orange County Teachers Federal Credit Union and the Rancho
Santiago sites will sufficiently provide parking.
Approval is recommended for the proposed amendment application and
conditional use permit as the Bowers Museum will continue to provide a use
that will serve the community and region through the provision of exhibit,
750-8
Amendment Application No. 2005-04
Conditional Use Permit No. 2005-20
July 25, 2005
Page 5
lecture, seminars and special events space. Based upon the above analysis
of the proj ect, consistency with the City's General Plan, existing and
proposed uses on-site, and applicable zoning requirements, it is
recommended that Amendment Application No. 2005-04 and Conditional Use
Permit No. 2005-20 be approved as conditioned (Exhibits 6 and 7) .
CEQA Compliance
In accordance with the California Environmental Quality Act, a mitigated
negative declaration Environmental Review No. 2005-45 has been prepared
for this project.
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750-9
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ARTERIAL COMMERCIAL
COMMERCIAL RESIDENTIAL
GOVERNMENT CENTER
LIGHT INDUSTRIAL
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BOWERS
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EXHIBIT 4
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750-13
Specific
Development
Plan No. 78
City of Santa Ana
TABLE OF CONTENTS
PAGE
SECTION 1. APPLICABILITY OF ORDINANCE ...........................................1
SECTION 2. PURPOSE ........................................................................ ...1
SECTION 3. OBJECTIVES ......................................... .......................... ..1-2
SECTION 4. USES PERMITTED ................................................................2
A. Permitted Uses ................................................................. ....2
B. Conditionally Permitted Uses .................................................. ..2
C. Uses Not Permitted .......................................................... ......3
SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY ........................3
SECTION 6. DEVELOPMENT STANDARDS .. ................................... ........ ...3
A. Building Height ... ....................................................... .... ..... ..3
B. Setbacks .............................................................................3
C. Parking ...............................................................................4
D. Walls and Screening... ............................................. .. . ............ ...4
E. Landscaping Standards ...................................................... ....4-5
F. Architectural Design Features ............................................. ........5
SECTION 7. ENFORCEMENT............................................................ .......5
SECTION 8. SIGNAGE .............................................................. ......... ...5-6
SECTION 9. REFUSE COLLECTION AREA AND LOADING ................ ...... ... ...6
SECTION 10. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ............6
A TT ACHED EXHIBITS
Exhibit A - Overall Site Plan
Exhibit B - Landscape Plan
ii
750-14
Section 1.
BOWERS MUSEUM
Specific Development Plan No. 78
Applicability of Ordinance
The specific development zoning district for the Bowers
Museum as authorized by Chapter 41, Division 26, Sec. 41-
593 et/seq. of the Santa Ana Municipal Code (SAMC) , is
specifically subject to the standards and regulations
contained in this plan for the express purpose of
establishing land use regulations and standards. All other
applicable chapters, articles and sections of the SAMC
shall apply unless expressly stated or superseded by this
ordinance.
Section 2.
Purpose
The Specific Development Plan No. 78 (SD-78), consisting of
standards and regulations, is hereby established for the
express purpose of protecting the health, safety, and
general welfare of the people of the City by promoting and
enhancing the value of properties and encouraging orderly
development.
Bowers Museum SD-78 sets the development and design
criteria for a development consisting of approximately 3.62
acres. The purpose of this specific development plan is to
permit flexibility in the site planning and design to
respond to market conditions while assuring high quality
development.
SD-78 specifically
following:
Section 3.
establishes
for
the
the
property
.
Permitted uses
Development standards, including building height
limits, required setbacks, parking, landscaping
provisions and enforcement policies
Operational standards
Maximum authorized development intensity
Signage provisions
.
.
.
.
Objectives
The obj ecti ves of the Bowers Museum Specific Development
Plan No. 78, include provisions of the following:
.
A long term development that is
architectural quality and design.
highest
of
the
75D-15
. A landscaping plan that is complementary to a large
scale museum development and sensitive to the
surrounding community.
. A visually harmonious development as viewed both
internally and externally.
· A development that is consistent with the District
Center designation of the General Plan and which
implements the spirit and intent and policies of the
General Plan.
. Concentrated and internally integrated development
rather that development that spreads activities into
adjacent residential neighborhoods.
· A circulation system that is responsive to the needs
of both vehicular and pedestrian travel.
· provision of cultural amenities and facilities
serving the visual and performing arts which are
open for public patronage.
· A landmark museum facility with appropriate
ancillary uses along north Main Street.
Section 4. Uses Per;mitted
The categories of land uses to be included within the
project area are galleries, eating establishments, offices,
retail, banquet facility and storage and preparation rooms.
If a use is for any reason omitted from those specified as
permissible or if ambiguity arises concerning the
approximate classification of a particular use within the
meaning and intent of this Plan, the determination shall be
at the discretion of the Planning Manager. Such decision
may be appealed to the Planning Commission whose decision
is final.
A. Permitted Uses.
a. Museums and ancillary uses such
gift shop, general offices,
library and boardroom, storage
and surface parking areas.
b. Eating establishments.
c. Theaters.
as galleries, retail
conference rooms,
and fabrication shop
B. Conditionally Permitted Uses.
a. Banquet facilities, subject to development and
operational standards set forth in SAMC 41-199.1.
b. Uses open between Midnight to 5:00 a.m.
c. Establishments selling or serving alcoholic
beverages.
75D-16
C. Uses not permitted.
a. Schools, private or public.
b. Medical office or clinics.
c. Commercial uses with vehicular drive-through lanes
or windows (i.e. drive-through restaurants, pharmacy
or similar uses) .
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or
conditionally permitted in this ordinance.
Section 5.
Maximum per.mitted Building Intensity
The maximum authorized building intensity for the Bowers
Museum is 91.072 square feet for museum and ancillary uses.
The maximum floor area ratio allowed is 1.5.
Section 6. Development Standards
A. Building Height.
All future on-site structures will be subject to a
height limitation of 35 feet above ground level, which
is defined as the vertical distance measured from the
curb level to the highest point of the roof surface.
An additional 10 percent may be allowed for
architectural features such as archway entries and
towers, subject to the Executive Director of Planning
and Building Agency review and approval.
B. Setbacks.
a. Main Street
i. A minimum twelve feet five inches (12'5") to the
first building element or structure.
b. Twentieth Street
i. A minimum twenty-seven (27) feet to the first
building element or structure.
c. Surface Parking Areas
i. A minimum landscape setback of five (5) feet from
edge of sidewalk.
d. Interior Property Line Setback
i. A minimum five (5) feet of landscaping along any
edge adjacent to a residential use.
75D-17
C. Parking
The Bowers Museum has successfully utilized a parking
management plan that facilitates parking in various
off - si te locations to supplement parking on- si te. As
such, the following parking is required:
a. On-site surface parking of a minimum of 131 spaces.
b. Off-site parking facilities totaling 576 spaces at
locations, such as but not limited to, a new surface
parking area at the southeast corner of Main Street
and the Interstate 5 (I - 5) southbound freeway on-
ramp and utilization of existing parking areas at
the Orange County Teachers Federal Credit Union
(insert address) and Rancho Santiago office plaza
(insert address) .
c. Utilization of off-site parking facilities shall be
accompanied by a signed contract allowing use of
parking at either after hours or for special events
exclusively for the Bowers Museum. A copy of such
contract(s) shall be kept on file with the Planning
and Building Agency.
d. A professional parking management company shall be
utilized to coordinate and manage the parking.
D. Walls and Screening.
Any equipment, whether on the roof, side of building,
or ground, shall be screened. The method of screening
shall be architecturally integrated with the building
in terms of materials, color, shape, and size.
E. Landscaping Standards.
All areas not used for buildings, parking or storage
shall be landscaped using the following guidelines
consistent with the Commercial Landscape Standards.
All landscaped areas shall be irrigated using an
automatic irrigation system. The proj ect shall
provide landscaping consistent with the existing
landscape theme and existing improvements on-site. A
six-inch raised concrete curb shall be required around
all landscape planters unless approved by City
Landscape Associate.
The minimum required landscaping for the proj ect has
been reflected by Exhibit A. All required setback
areas shall be landscaped except for approved walkways
and driveways. Landscaping throughout the proj ect
750-18
shall be in compliance with the landscape plan
attached. Further, the landscape plan shall be fully
implemented prior to the issuance of any certificate
of occupancy.
F. Architectural Design Features.
· Exterior Materials: Exterior materials and finishes
to comply with approvals granted through the
Historic Resources Commission and approved materials
board. Trash enclosure and similar ancillary
structures are to match the texture, materials and
color palette of the proposed building.
· Design Features: Shall be designed to be integrated
with the existing buildings. Any new additions
shall be in keeping with the original in terms of
scale, rooflines, materials, and color.
· Lighting Standards/fixtures: A minimum of 1 foot
candle of light shall be provided throughout the
parking area. Specifications of light
standards/fixtures and photometries plan shall be
submitted to Planning Division and Police Department
for approval.
Section 7. Enforcement.
The penal provisions and permit requirements of the SAMC
(effective as of the date of adoption of this SD-78) shall
apply to all development within the Bowers Museum Specific
Development Plan No. 78.
Section 8. Signage.
A. All signage shall comply with the Santa Ana Municipal
Code unless explicitly identified below.
B. A comprehensive sign program for the entire site,
including freestanding, wall, directional and
permanent temporary signs and graphics shall be
submitted and approved by the Planning Division prior
to the issuance of any sign permit.
C. Permanent Wall Banners will be permitted to announce
special exhibits or events along the east elevation.
There shall be a maximum of three (3) such banners
along Main Street and architecturally integrated with
5
750-19
the building. Such banners shall be a maximum of 10
feet wide by 16 feet high.
D. Wall Hung Banner will be permitted to announce special
exhibi ts or events along the east elevation. There
shall be a maximum of one (1) such banner along Main
Street and architecturally integrated with the
building. Such banners shall be a maximum of 20 feet
wide by 20 feet high.
E. Secondary Wall Sign will be permitted along the east
elevation. There shall be a maximum of one (1)
secondary wall sign along Main Street and
archi tecturally integrated with the building. Such
sign shall be a maximum of one (1) foot in height by
thirty (30) feet in length. Such sign shall be a pin
mounted bronze anodized letters with backlit
illumination.
Section 9. Refuse Collection Area and Loading.
An area to handle the delivery and refuse for the
development site shall be integrated. At minimum, the
refuse collection area shall provide the equivalent of five
(5) bins. The loading and unloading of materials and goods
shall be an area measuring a minimum twenty (20) feet by
forty (40) feet and appropriately screened from view.
Section 10.
Telephone, Electrical, Water, Gas and Cable.
A. All "on-site" utilities shall be placed underground.
B. Transformers of terminal equipment shall be visually
screened from view from streets and adjacent
properties and may be located in concrete vaults below
grade.
c.
There shall be no exposed downspouts,
electrical or mechanical limes on the
mechanical equipment shall be screened
architecturally integrated manner.
scupper drains,
building. All
from view in an
6
750-20
AA 05-4/CUP 05-209
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Conditional Use Permit No. 2005-20
July 25, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The development of the Bowers Museum, as conditioned, will
allow the expansion of a regional museum providing cultural
arts and a banquet facility to further promote, enhance and
support the museum operation. A banquet facility will allow
the museum to host a cross section of social, academic and
community groups promoting education and enhancing city image
through a unique community asset.
B. 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 Bowers Museum banquet facility, as conditioned, is not
anticipated to present any detrimental affects to persons
residing or working in the area. Parking will be facilitated
through a combination of on and off-site parking
accommodations. The provision of a signalized intersection
adj acent to the new surface parking lots will further enhance
the circulation pattern for the area. Any anticipated impacts
to health, safety or welfare are sufficiently mitigated through
the conditions of approval imposed on this project.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed banquet facility, as conditioned, is not
anticipated to create any negative or detrimental impacts on
the economic viability of the surrounding area. The allowance
of a banquet facility provides the Bowers Museum the ability to
host or compliment on-site functions that are anticipated to
draw people to the area. The Banquet use should provide a
positive addition to the surrounding area, which will
supplement and improve the existing Bowers Museum.
AA 05-4/CUP 05-20
7!151~~o
Conditional Use Permit No. 2005-20
July 25, 2005
Page 2 of 2
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed banquet facility will be in compliance with all
applicable provisions of Chapter 41 of the Santa Ana Municipal
Code. Moreover, Specific Development No. 78 and the conditions
of approval of the use provides conditions to ensure
compatibility and restricts the applicant to the submitted
floor plan square footage.
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed Art Institute will not pose any adverse affects on
the General Plan designation of Industrial (IND). The Specific
Development plan No. 74 will continue to allow the existing
industrial uses in addition to the proposed trade school use.
750-31
JULY 25, 2005
PAGE 1 OF 1
Conditions of Approval
Conditional Use Permit No. 2005-20 is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code, and all other
applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior
to exercising the rights conferred by the 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. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 05-18.
2. Off-site parking accommodations to satisfy Specific Development
No. 78 shall be accompanied by a fully executed shared parking
contract between the Bowers Museum and off-site property owners.
Such contract shall be filed with the Planning Division.
3. The parking provided for the project is based on the floor plan
configuration approved for the development project (DP No. 05-
18). Any proposed floor plan modification, which would result
in a higher parking demand, would require a review of the
conditional use permit.
AA 05-41CUP 05-20
EXHIBIT 7
750-32
ORDINANCE NO. NS-2696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE BOWERS MUSEUM
SPECIFIC DEVELOPMENT DISTRICT NO. 78 (SD-78) AND
REZONING THE PROPERTY LOCATED AT 2032 NORTH
MAIN STREET FROM COMMUNITY COMMERCIAL-
MUSEUM DISTRICT (C1-MD) TO SPECIFIC
DEVELOPMENT NO. 78 (SD-78) (AA NO. 2005-04)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting approval of an amendment application, and a
conditional use permit in order to allow the expansion of the existing
museum and the allowance of ancillary uses at 2032 North Main Street.
B. On July 25, 2005, the Planning Commission held a duly noticed public
hearing and voted by a vote of 6: 1 (Gartner absent) to recommend that the
City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2005-45.
2. Adopt an ordinance approving Amendment Application No. 2005-04
and Specific Development Plan No. 78 (SD-78).
3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as
conditioned.
C. On August 22, 2005, the Planning Commission voted to reconsider the July
25, 2005 action and voted by a vote of 6:1 (Cribb opposed) to amend two
conditions.
D. On September 6, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
E. Amendment Application No. 2005-04 has been filed with the City of Santa
Ana to adopt the Bowers Museum Specific Development District No. 78
(SD-78) and to rezone the properties located at 2032 North Main Street from
Community Commercial-Museum District (C1-MD) to Specific Development
No. 78 (SD-78) (AA No. 2005-04)
750-33
F. SD-78 would allow museums and ancillary uses such as galleries, retail gift
shop, general offices, conference rooms, library and boardroom, storage
and fabrication shop and surface parking areas; eating establishments;
theaters; banquet facilities, subject to development and operational
standards set forth in SAMC 41-199.1 (with a Conditional Use Permit);
uses open between Midnight to 5:00 a.m. (with a Conditional Use Permit);
and establishments selling or serving alcoholic beverages (with a
Conditional Use Permit).
G. Amendment Application No. 2005-04 is consistent with the General Plan,
including but not limited to its goals and policies to enhance development
sites and districts which are unique community assets that enhance the
quality of life. Land Use Element Goal No. 4.0.
H. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the Bowers Museum
project is consistent with the purpose of the general plan.
I. The City Council also adopts as findings all facts presented in the Requests
for Council Action dated September 6, 2005 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2005-04 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
J. The Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2005-45, was approved and adopted by
resolution which came before the City Council on September 6, 2005. This
ordinance incorporates by reference, as though fully set forth herein, this
resolution and the Mitigated Negative Declaration and Mitigation Monitoring
Program.
Section 2. The real property located at 2032 North Main Street is hereby
reclassified from Community Commercial-Museum District (C1-MD) to Specific
Development No. 78 (SD-78). Amended Sectional District Map number 1-5-10 showing
the above described change in use district designation, is hereby approved and attached
hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
(AA No. 2004-04).
Section 3. Bowers Museum Specific Development District No. 78(SD-78) as
set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is
approved adopted in its entirety.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
750-34
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2696 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
750-35
36-4-10
00 R1
R151~
0
R1 R1 R1
...J 510'-------+-324
0
I- R2 R1 R1 R1
UJ R1
a:
In
R1
R1
C1 1--135'
145' 'C1 if! C1
+ >-
~ r-----l r-I f 1 I
SEVENTEENTH
Zoning Dist..i<t
ADOPTED BY RESOLUTION NO. 5186 BY THE SANTA ANA PLANNING COMMISION
PART OF ORDINANCE NO, NS-394 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959.
SCALE IN FEET
A1
-B
C1
C1-MD
C2
C3
C3-A
C4
C5
CR
GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMUNITY COMMERCIAL
COMMUNITY COMMERCIAL-MUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS.ARTISTS' VILLAGE
PLANNED SHOPPING CENTER
ARTERIAL COMMERCIAL
COMMERCIAL RESIDENTIAL
CSM
GC
M1
M2
MO
o
P
PCD
PO
PRO
SOUTH MAIN STREET COMMERCIAL DISTRICT
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
R1 SINGLE-FAMILY RESIDENCE
R1.4000 SMALL LOT SINGLE FAMILY RESIDENCE
R2 TWO-FAMILY RESIDENCE
R3 MULTIPLE-FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SO SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
1000
60- MINIMUM FRONTAGE
-6000 MINIMUM lOT AREA
LalestRevisionDate: ~-99_
THIS MAP IS THE OFFICiAl SECTIONAl
DISTRICT MAP OF THE CITY OF SANTA ANA.
AS AUTHORIZED BY CITY COUNCIL
RESOLUTION NO. 74-163, DATED '1-18-74, I
HEREBY ATTEST THAT THIS MAP IS A TRUE
COPY OF THE ORIGINAl SECTIONAl DISTRICT
:;:O~~~J__
PLA~m & BlA.DINGAGENCY
Certificate Oa>> SEPTEMBER 10 1982
RES. 1 A.A I ANX, NO M 98-15
ORD.I RES. NO NS-23n
ADOPTED DATE 11-9-98
APPPOOVED ~
RES. I A.A. 1 ANX. NO. 5522 5621 5650 5664 5690 5693 5713 5714 5745 5607 5809 5898 6044
ORD, {RES. NO. NS-533 N5-670 NS-694 N5-713 NS-739 NS-742 NS-744 N5-n7 N5-822 NS-885 NS-8B7 NS-999 NS-1193
ADOPTED DATE 104...62 6-15-65 11-18-65 2.3-64 7.20-64 6-3-64 1-18-65 1-18-65 9-20-65 8-7-67 8-7-67 1-19-70 12-17-73
APPPAQVED
M799 M816 M891 M1002 M1020 M1029 Ml030 M1051 AA96-4 M96-7 AA98-3
NS-1449 NS-14S9 N5-1714 N5-1969 N5-2008 NS-2036 NS-2027 NS-2137 N5-2298 N5-2299 NS-2362
9-5-78 6-4-78 1-16-84 7.18-88 6-5-89 11.20-89 9-5-89 6-17-91 10-7-96 9-3-96 7-20-98
A
f!1t3 f!1t3 ~(~~ ~ ~~ ~ ~~ ~
PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA CALIFORNIA
EXHIB7m-36
BOWERS
MUSEUM
Exhibit "B"
Page 1 of 8
750-37
Specific
Development
Plan No. 78
City of Santa Ana
TABLE OF CONTENTS
PAGE
SECTION 1. APPLICABILITY OF ORDINANCE .............................................1
SECTION 2. PURPOSE ........................................................................ ...1
SECTION 3. OBJECTIVES ................................................................... ..1-2
SECTION 4. USES PERM ITTED ................................................................2
A. Permitted Uses .....................................................................2
B. Conditionally Permitted Uses ....................................................2
C. Uses Not Permitted ................................................................3
SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY ..........................3
SECTION 6. DEVELOPMENT STANDARDS ............................................. ...3
A. Building Height .......................................................................3
B. Setbacks .... ............................................................. .......... ....3
C. Parking ................................................................ ..... ..... ..... ..4
D. Walls and Screening................................................... ........... ....4
E. Landscaping Standards ........................................ .............. ....4-5
F. Architectural Design Features .....................................................5
SECTION 7. ENFORCEMENT ................................................................. ...5
SECTION 8. SIGNAGE .............................................................. ......... .....5-6
SECTION 9. REFUSE COLLECTION AREA AND LOADING ............................6
SECTION 10. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ............6
ATTACHED EXHIBITS
Exhibit A - Overall Site Plan
Exhibit B - Landscape Plan
Exhibit "B"
Page 2 of 8
750-38
BOWERS MUSEUM
Specific Development Plan No. 78
Section 1. Applicabilitv of Ordinance
The specific development zoning district for the Bowers Museum as authorized
by Chapter 41, Division 26, Sec. 41-593 etlseq. of the Santa Ana Municipal Code
(SAM C), is specifically subject to the standards and regulations contained in this
plan for the express purpose of establishing land use regulations and standards.
All other applicable chapters, articles and sections of the SAMC shall apply
unless expressly stated or superseded by this ordinance.
Section 2. Purpose
The Specific Development Plan No. 78 (SD-78), consisting of standards and
regulations, is hereby established for the express purpose of protecting the
health, safety, and general welfare of the people of the City by promoting and
enhancing the value of properties and encouraging orderly development.
Bowers Museum SD-78 sets the development and design criteria for a
development consisting of approximately 3.62 acres. The purpose of this
specific development plan is to permit flexibility in the site planning and design to
respond to market conditions while assuring high quality development.
SD-78 specifically establishes for the property the following:
· Permitted uses
· Development standards, including building height limits, required
setbacks, parking, landscaping provisions and enforcement policies
· Operational standards
· Maximum authorized development intensity
· Signage provisions
Section 3. Obiectives
The objectives of the Bowers Museum Specific Development Plan No. 78,
include provisions of the following:
· A long term development that is of the highest architectural quality and
design.
· A landscaping plan that is complementary to a large scale museum
development and sensitive to the surrounding community.
· A visually harmonious development as viewed both internally and
externally.
Exhibit "B"
Page 3 of 8
750-39
· A development that is consistent with the District Center designation of
the General Plan and which implements the spirit and intent and
policies of the General Plan.
· Concentrated and internally integrated development rather that
development that spreads activities into adjacent residential
neighborhoods.
· A circulation system that is responsive to the needs of both vehicular
and pedestrian travel.
· Provision of cultural amenities and facilities serving the visual and
performing arts which are open for public patronage.
· A landmark museum facility with appropriate ancillary uses along north
Main Street.
Section 4. Uses Permitted
The categories of land uses to be included within the project area are galleries,
eating establishments, offices, retail, banquet facility and storage and preparation
rooms. If a use is for any reason omitted from those specified as permissible or if
ambiguity arises concerning the approximate classification of a particular use
within the meaning and intent of this Plan, the determination shall be at the
discretion of the Planning Manager. Such decision may be appealed to the
Planning Commission whose decision is final.
A. Permitted Uses.
a. Museums and ancillary uses such as galleries, retail gift shop, general
offices, conference rooms, library and boardroom, storage and
fabrication shop and surface parking areas.
b. Eating establishments.
c. Theaters.
B. Conditionally Permitted Uses.
a. Banquet facilities, subject to development and operational standards
setforth in SAMC 41-199.1.
b. Uses open between Midnight to 5:00 a.m.
c. Establishments selling or serving alcoholic beverages.
C . Uses not permitted.
a. Schools, private or public.
b. Medical office or clinics.
c. Commercial uses with vehicular drive-through lanes or windows (Le.
drive-through restaurants, pharmacy or similar uses).
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or conditionally permitted in this
ordinance.
Exhibit "B"
Page 4 of 8
750-40
Section 5. Maximum Permitted BuildinQ Intensitv
The maximum authorized building intensity for the Bowers Museum is 91.072
square feet for museum and ancillary uses. The maximum floor area ratio
allowed is 1.5.
Section 6. Development Standards
A. Building Height.
All future on-site structures will be subject to a height limitation of 35 feet
above ground level, which is defined as the vertical distance measured
from the curb level to the highest point of the roof surface. An additional
10 percent may be allowed for architectural features such as archway
entries and towers, subject to the Executive Director of Planning and
Building Agency review and approval.
B. Setbacks.
a. Main Street
i. A minimum twelve feet five inches (12'5") to the first building
element or structure.
b. Twentieth Street
i. A minimum twenty-seven (27) feet to the first building element or
structure.
c. Surface Parking Areas
i. A minimum landscape setback of five (5) feet from edge of
sidewalk.
d. Interior Property Line Setback
i. A minimum five (5) feet of landscaping along any edge adjacent to
a residential use.
Exhibit "B"
Page 5 of 8
750-41
c . Parking
The Bowers Museum has successfully utilized a parking
management plan that facilitates parking in various off-site locations to
supplement parking on-site. As such, the following parking is required:
a. On-site surface parking of a minimum of 131 spaces.
b. Off-site parking facilities totaling 576 spaces at locations, such as but
not limited to, a new surface parking area at the southeast corner of
Main Street and the Interstate 5 (1-5) southbound freeway on-ramp and
utilization of existing parking areas at the Orange County Teachers
Federal Credit Union (insert address) and Rancho Santiago office
plaza (insert address).
c. Utilization of off-site parking facilities shall be accompanied by a signed
contract allowing use of parking at either after hours or for special
events exclusively for the Bowers Museum. A copy of such contract(s)
shall be kept on file with the Planning and Building Agency.
d. A professional parking management company shall be utilized to
coordinate and manage the parking.
D. Walls and Screening.
Any equipment, whether on the roof, side of building, or ground, shall be
screened. The method of screening shall be architecturally integrated with
the building in terms of materials, color, shape, and size.
E . Landscaping Standards.
All areas not used for buildings, parking or storage shall be landscaped
using the following guidelines consistent with the Commercial Landscape
Standards. All landscaped areas shall be irrigated using an automatic
irrigation system. The project shall provide landscaping consistent with
the existing landscape theme and existing improvements on-site. A six-
inch raised concrete curb shall be required around all landscape planters
unless approved by City Landscape Associate.
The minimum required landscaping for the project has been reflected by
Exhibit A. All required setback areas shall be landscaped except for
approved walkways and driveways. Landscaping throughout the project
shall be in compliance with the landscape plan attached. Further, the
landscape plan shall be fully implemented prior to the issuance of any
certificate of occupancy.
Exhibit "B"
Page 6 of 8
750-42
F. Architectural Design Features.
· Exterior Materials: Exterior materials and finishes to comply with
approvals granted through the Historic Resources Commission and
approved materials board. Trash enclosure and similar ancillary
structures are to match the texture, materials and color palette of the
proposed building.
· Design Features: Shall be designed to be integrated with the existing
buildings. Any new additions shall be in keeping with the original in
terms of scale, rooflines, materials, and color.
· Lighting Standards/fixtures: A minimum of 1 foot candle of light shall
be provided throughout the parking area. Specifications of light
standards/fixtures and photometries plan shall be submitted to
Planning Division and Police Department for approval.
Section 7. Enforcement.
The penal provisions and permit requirements of the SAMC (effective as of the
date of adoption of this SD-78) shall apply to all development within the Bowers
Museum Specific Development Plan No. 78.
Section 8. Sianaae.
A. All signage shall comply with the Santa Ana Municipal Code unless
explicitly identified below.
B. A comprehensive sign program for the entire site, including freestanding,
wall, directional and permanent temporary signs and graphics shall be
submitted and approved by the Planning Division prior to the issuance of
any sign permit.
C. Permanent Wall Banners will be permitted to announce special exhibits or
events along the east elevation. There shall be a maximum of three (3)
such banners along Main Street and architecturally integrated with the
building. Such banners shall be a maximum of 10 feet wide by 16 feet
high.
D. Wall Hung Banner will be permitted to announce special exhibits or events
along the east elevation. There shall be a maximum of one (1) such
banner along Main Street and architecturally integrated with the building.
Such banners shall be a maximum of 20 feet wide by 20 feet high.
E. Secondary Wall Sign will be permitted along the east elevation. There
shall be a maximum of one (1) secondary wall sign along Main Street and
architecturally integrated with the building. Such sign shall be a maximum
of one (1) foot in height by thirty (30) feet in length. Such sign shall be a
pin mounted bronze anodized letters with backlit illumination.
Exhibit "B"
Page 7 of 8
750-43
Section 9. Refuse Collection Area and Loadina.
An area to handle the delivery and refuse for the development site shall be
integrated. At minimum, the refuse collection area shall provide the equivalent of
five (5) bins. The loading and unloading of materials and goods shall be an area
measuring a minimum twenty (20) feet by forty (40) feet and appropriately
screened from view.
Section 10. Telephone, Electrical, Water, Gas and Cable.
A. All "on-site" utilities shall be placed underground.
B. Transformers of terminal equipment shall be visually screened from view
from streets and adjacent properties and may be located in concrete
vaults below grade.
C. There shall be no exposed downspouts, scupper drains, electrical or
mechanical limes on the building. All mechanical equipment shall be
screened from view in an architecturally integrated manner.
Exhibit "B"
Page 8 of 8
750-44
KO - 8/30/05
RESOLUTION NO. 2005-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2005-20 AS CONDITIONED FOR BANQUET FACILITY
FOR THE PROPERTY LOCATED AT 2032 NORTH MAIN
STREET
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:
A. Amendment Application No. 2005-04 and Conditional Use Permit No.
2005-20 came before the City Council of the City of Santa Ana for a public
hearing September 6, 2005.
B. Conditional Use Permit No. 2005-20 has been filed with the City of Santa
Ana seeking to allow a banquet facility for the property located at 2032
North Main Street (The Bowers Museum).
C. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on July 25, 2005. After conducting the public hearings, the
Planning Commission determined that Amendment Application No. 2005-
04 is consistent with the General Plan of the City of Santa Ana, and
recommended by a vote of 6:0:1 (Gartner absent) that the City Council
approve Amendment Application No. 2003-08 and Specific Development
Plan No. 78 and Conditional Use Permit No. 2005-20.
D. On August 23, 2005 Planning Commission voted to reconsider the July
25,2005 action. After a discussion regarding the conditions, the Planning
Commission voted by a vote of 6:1 (Crib opposed) recommended that the
City Council approve Amendment Application No. 2003-08 and Specific
Development Plan No. 78 and Conditional Use Permit No. 2005-20.
E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The development of the Bowers Museum, as conditioned,
will allow the expansion of a regional museum providing
cultural arts and a banquet facility to further promote,
Resolution No. 2005-081
Page 1 of 4
750-45
enhance and support the museum operation. A banquet
facility will allow the museum to host a cross section of
social, academic and community groups promoting
education and enhancing city image through a unique
community asset.
2. 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 Bowers Museum banquet facility, as conditioned, will
not present any detrimental affects to persons residing or
working in the area. Parking will be facilitated through a
combination of on and off-site parking accommodations.
The provision of a signalized intersection adjacent to the
new surface parking lots will further enhance the circulation
pattern for the area. Any anticipated impacts to health,
safety or welfare are sufficiently mitigated through the
conditions of approval imposed on this project.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed banquet facility, as conditioned, will not create
any negative or detrimental impacts on the economic viability
of the surrounding area. The allowance of a banquet facility
provides the Bowers Museum the ability to host or
compliment on-site functions that are anticipated to draw
people to the area. The Banquet use should provide a
positive addition to the surrounding area, which will
supplement and improve the existing Bowers Museum.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed banquet facility will be in compliance with all
applicable provisions of Chapter 41 of the Santa Ana
Municipal Code. Moreover, Specific Development No. 78
and the conditions of approval of the use provides conditions
to ensure compatibility and restricts the applicant to the
submitted floor plan square footage.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2005-081
Page 2 of 5
750-46
The proposed Conditional Use Permit would be in
furtherance of general plan policy number 4.4; to encourage
the development of projects which promote the City's image
as a regional activity center.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program, Environmental Review No. 2005-45, prepared with respect to this
Project. The City Council has, as a result of its consideration and the evidence
presented at the hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a
mitigation negative declaration and mitigation monitoring program 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 the environment. The City
Council hereby certifies and approves the mitigated negative declaration and mitigation
monitoring program and directs that the Notice of Determination be prepared and filed
with the County Clerk of the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") S 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 S 711.2 and
Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The City Council of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2005-20 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
Section 4. This Conditional Use Permit is expressly conditioned upon adoption
by the City Council of a zoning ordinance amendment rezoning the property located at
2032 North Main Street from Community Commercial-Museum District (C1-MD) to
Specific Development No. 78 (SD-78) zoning (AA No. 2005-04). The rights of the
applicant under this Conditional Use Permit shall not vest until the effective date of such
ordinance. Should no such zoning ordinance amendment become effective, then this
Conditional Use Permit is null and void and of no effect.
ADOPTED this _ day of September, 2005.
Miguel A. Pulido
Mayor
Resolution No. 2005-081
Page 3 of 4
750-47
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABST AI N: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-081 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2005-081
Page 4 of 5
Clerk of the Council
City of Santa Ana
750-48
Conditions for Approval for Conditional Use Permit No. 2005-20
Conditional Use Permit No. 2005-20 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code, and all other applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by the 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.
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 05-18.
2. Off-site parking accommodations to satisfy Specific Development No. 78
shall be accompanied by a fully executed shared parking contract between
the Bowers Museum and off-site property owners. Such contract shall be
filed with the Planning Division.
3. The parking provided for the project is based on the floor plan configuration
approved for the development project (DP No. 05-18). Any proposed floor
plan modification, which would result in a higher parking demand, would
require a review of the conditional use permit.
4. The secondary arched entry along Main Street shall be detailed and
articulated similar to the Old Orange County Courthouse structure design as
submitted in plan dated August 22, 2005.
5. Natural stone shall be utilized surrounding the secondary arched entry along
Main Street. Any changes in materials from those submitted on August 22,
2005 or the use of artificial materials shall be reviewed by the Planning
Commission as a business calendar item.
Exhibit A
Resolution No. 2005-081
Page 5 of 5
750-49
bk:8/30/05
RESOLUTION NO. 2005-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VARIOUS AGREEMENTS AND
LAND EXCHANGES BETWEEN THE CITY, THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA, CHARLES W. BOWERS MUSEUM
CORPORATION AND STEADFAST COURTYARDS, L.P.
RELATING TO PROPERTIES LOCATED AT 1900 TO 2110
NORTH MAIN STREET
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:
A. The Charles W. Bowers Museum Corporation has proposed an expansion
to the Bowers Museum of Cultural Arts.
B. The City Council has, concurrently with the consideration of this
resolution, approved this expansion by introducing Amendment
Application No. 2003-08 and approving Conditional Use Permit No.
2005-20.
C. Pursuant to section 2-710 of the Municipal Code, the City Council may
authorize the exchange of real property based on negotiation when
recommended to do so by the City Manager. The City Manager has
recommended that the City Council exchange the Bowers Museum
parking lot, located at 1900 North Main Street, with property owned by
Steadfast Communities, L.P. located immediately north of the Bowers
expansion bearing Assessors Parcel Numbers 399-102-5, 399-102-06 and
399-102-07 (generally known as 2110 to 2110 North Main Street),
pursuant to certain provisions and conditions.
D. The City and Community Redevelopment Agency of the City of Santa Ana
("Agency") each own a portion of the current Bowers Museum Parking Lot.
The City desires to accept title to that portion owned by the Agency to
unify title of the parcel to be exchanged with Steadfast Communities, L.P.
E. The City and Charles W. Bowers Museum Corporation are parties to that
certain Amended and Restated Operating Agreement. The expansion of
the Bowers Museum requires this agreement to be amended.
F. Charles W. Bowers Museum Corporation has agreed to construct the
Bowers Museum expansion. It is appropriate for the City and Charles W.
Resolution No. 2005-082
Page 1 of 3
750-50
Bowers Museum Corporation to enter into an agreement for Charles W.
Bowers Museum Corporation to construct the Museum expansion on the
City's property.
G. The Request for Agency/Council Action dated September 6, 2005 relating
to this item is hereby incorporated by this reference.
H. The Mitigated Negative Declaration and Monitoring Program for
Environmental Review No. 2005-45, which covers these actions has been
approved and adopted this day.
Section 2. The City Council of the City of Santa Ana hereby directs the City
Attorney to prepare and authorizes the City Manager and the Clerk of the Council to
execute a Land Exchange Agreement and Escrow Instructions between the City of
Santa Ana and Steadfast Courtyards, L.P. The City Manager may approve as to
content and the City Attorney as to form, minor modifications to the agreement before
its execution to the extent that such modifications are in keeping with the purpose and
intent of this approval.
Section 3. The City Council of the City of Santa Ana hereby directs the City
Attorney to prepare and authorizes the City Manager and the Clerk of the Council to
execute an First Amendment to the Amended and Restated Operating Agreement
between the Charles W. Bowers Museum Corporation and the City. The City Manager
may approve as to content and the City Attorney as to form, minor modifications to the
agreement before its execution to the extent that such modifications are in keeping with
the purpose and intent of this approval.
Section 4. The City Council of the City of Santa Ana hereby directs the City
Attorney to prepare and authorizes the City Manager and the Clerk of the Council to
execute a Ground Lease between the City of Santa Ana, as Lessor and The Charles W.
Bowers Museum Corporation, as Lessee. The City Manager may approve as to content
and the City Attorney as to form, minor modifications to the agreement before its
execution to the extent that such modifications are in keeping with the purpose and
intent of this approval.
Section 5. The City Manager is authorized to take all actions necessary to
accept title to that portion of the Bowers Museum parking lot, located at 1900 North
Main Street, currently owned by the Community Redevelopment Agency of the City of
Santa Ana.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
Resolution No. 2005-082
Page 2 of 3
750-51
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-082 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2005-082
Page 3 of 3
750-52