Loading...
HomeMy WebLinkAbout2008-30KO -9/17/08 • RESOLUTION NO. 2008-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE ART PROGRAM FOR THE PROPERTY AT 9 AND 15 MACARTHUR PLACE 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. The Applicant is requesting approval of the proposed art plan for the Skyline at MacArthur Place development located at 9 and 15 Macarthur Place. B. The art plan came before the Planning Commission of the City of Santa Ana on September 22, 2008. C. In 2005, the City approved various entitlements for the development, • including Conditional Use Permit No. 2005-10 and Development Agreement No. 2005-02 for the Lake Towers project. Included in these entitlements was a requirement to install a single or grouped permanent work of public art to enrich both the project and surrounding community. In June 2008, the development agreement was amended to allow the phasing of the public art while still requiring a total commitment of $500,000 for public art within MacArthur Place South. D. The art plan proposes a sculpture that is designed to announce the entry of the Skyline project. The art piece will be located within a fountain at the west side of the development that is adjacent to the project entry facing MacArthur Place. The art piece is a 13-foot high by 7-foot wide steel freestanding sculpture that is a soaring curved form that echoes nautical sights from the nearby coastline and reinforces the City's own developing skyline. E. The conditional use permit and development agreement both contain provisions that require the Planning Commission's review and approval of the public art prior to issuance of occupancy permits for the towers. F. The development agreement requires Planning Commission review and approval of the art piece prior to issuance of any certificate of occupancy. Additionally, the development agreement identifies minimum requirements such as: Resolution No. 2008-30 Page 1 of 4 Public art valued at $125,000. 2. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. 3. The public art should be comprised of a single or grouped permanent work(s) at a prime location visible to the public and sited to complement features such as plaza or architectural components so that the art piece is an integral part of the development site. 4. The use of durable materials and finishes including, but not limited to, stone or metal. 5. No advertising of any type including, but not limited to, products, services or businesses. G. The Planning Commission finds that the public art plan is in compliance with the provisions of Conditional Use Permit No. 2005-10 and Development Agreement No. 2005-02. • H. In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana hereby approves the art plan. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2008 by the following vote: • AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Mill (2) ABSTENTIONS: Commissioners: None (0) ~/ , ~, ~~~ Christoph r Leo Chairman Resolution No. 2008-30 Page 2 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-30 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2008. Date: / ~/ '`~ ~ ~ Planni Commission cretary City of Santa Ana • • Resolution No. 2008-30 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney PROOF OF SERVICE • (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor (M-20), Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-30 (Public Art Plan Skyline) in this action by placing a true copy t ereo enc ose in sealed envelopes addressed as follows: NDC Skyline Associates, LLC Attention: Mr. Rob Eres One MacArthur Place, Suite 300 Santa Ana, CA 92707 [) I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully • prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 10/15/08 at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-30 Page 4 of 4