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HomeMy WebLinkAbout2005-122 - Parking for the Saint Joseph Ballet Studio Located at 1818 North Main Street KO-12/13/05 RESOLUTION NO. 2005-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT TO VARIANCE NO. 1998-06 AS CONDITIONED TO ALLOW VARIANCES FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK AND PARKING FOR THE SAINT JOSEPH BALLET STUDIO LOCATED AT 1818 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. On August 3, 1998 the City Council approved Variance No. 1998-06 to allow variances for a reduction in the required side yard setback and parking for the Saint Joseph Ballet Studio located at 1818 North Main Street. B. To facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, a land exchange is proposed. This land exchange will result in noncompliance with one of the conditions of Variance No. 1998-06, which reads "In the event the Kidseum or Bowers Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel." C. On December 12, 2005 the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council approve the amendment of Variance No. 1998-06 to remove the above condition. D. On December 19, 2005, the City Council held a duly noticed public hearing on the amendment of Variance No. 1998-06. E. The City Council of the City of Santa Ana determines that the following findings have been established to amend Variance No. 1998-06: 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 Resolution No. 2005-122 Page 1 of 5 variance with the intent and purpose of the provisions of the Municipal Code. The proposed condition deletion will allow the St. Joseph Ballet the ability to continue to share parking with the Bowers Museum. The amendment to the condition of approval will allow the continued use of parking between the two facilities. The continued use of the Bowers Museum parking will help to prevent parking intrusion into the residential neighborhood and ensure that the use will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the condition amendment would allow for the continued orderly development of the St. Joseph Ballet and the museum corridor. The amendment to the condition of approval would allow the two facilities to continue their successful parking coordination and agreement. The deletion of the condition will allow St. Joseph Ballet similar flexibility as the Bowers Museum is experiencing sharing parking with existing facilities in the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance modification will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The amendment to the conditions of approval would allow the continued use of the Bowers parking lot for the St. Joseph Ballet. The deletion of the condition language would allow the sharing of parking between the two facilities, as well as potentially other facilities, thereby ensuring parking outside of the residential neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan land use designation of District Center (DC). The amendment of the condition of approval to allow the continued shared parking between two facilities is consistent with and thereby helping to achieve Goal 5.0 of the Land Use Element, "Ensure that the impacts of Resolution No. 2005-122 Page 2 of 5 development are mitigated." The sharing of parking along a major arterial would assist in protecting the residential neighborhood from parking intrusion. Section 2. The City Council after conducting the public hearing hereby approves amendment of Variance No. 1998-06 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated December 19, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 19th day of December. 2005 S?h4~ Miguel A. Pulido Mayor it sa: b r;;'cr APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: Bist. Bustamante. Christy. Solorio (4) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Alvarez. Pulido (2) NOT PRESENT: Councilmembers: Garcia (1) Resolution No. 2005-122 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-122 to be the original resolution adopted by the City Council of the City of Santa Ana on December 19. 2005. Clerk of the Council City of Santa Ana Date: ~/.t> c;. ~- Resolution No. 2005-122 Page 4 of 5 Amendment to Conditions for Approval for Variance No. 1998-06 Amendment of Variance No. 1998-06 is hereby approved. The project shall comply 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. In addition, it shall meet the following conditions: 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. Compliance with DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. 2. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. 3, In the event the Kidseum or Bower's Museum South Lot parking facilities aro removed, replacement parking facilities must be located on Ll site within 300 f-eet of the St. Joseph Ballet parcel. 4. Any changes to the building elevations, including materials and colors, must be submitted to staff for review. 5. The crushing .of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. B. Police Department 1. The alcove created by the patio on the north perimeter of the project needs to be fenced off with materials acceptable to the Planning Division and Police Department. 2. The existing parking lot immediately west of the studio, the student drop- off area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. Exhibit A Resolution No. 2005-122 Page 5 of 5