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HomeMy WebLinkAbout121905 Jt PH 1st Implmen Agmt Amend 1998-06 St Joseph BalletREQUEST FOR AGENCY/ COUNCIL ACTION MEETING DATE: t "ta% ��caHon Ls, CLERK OF CO molt SO10� 60 f 12 UNCIL USE ONLY: DECEMBER 19, 2005 2HO u5 am • o JOINT PUBLIC HEARING - FIRST IMPLEMENTATION AGREEMENT AND AMENDMENT TO VARIANCE NO. 1998 -06 SAINT JOSEPH BALLET ! "a) (z, CITY MANAGER &XECU VE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION APPROVED J4 El El El CONTINUED TO A p7 , F. I , v o - Absiai.rn As Recommended c�-r✓clF -p As Amended Ordinance on 1st Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to the First Implementation Agreement with the Saint Joseph Ballet Company for the sale of certain real property in the Merged Redevelopment Project Area and approving the sale of said real property upon the terms and conditions contained in the agreement. 2. Adopt a resolution approving an amendment to Variance No. 1998 -06 as conditioned. QJ4 G > b©lo REDEVELOPMENT AGENCY ACTION O- �C - Adopt a resolution approving the First Implementation Agreement with the Saint Joseph Ballet Company. PLANNING COMMISSION ACTION Recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998 -06 as conditioned at its December 12, 2005 meeting by a vote of 7:0. DISCUSSION In August 3, 1998, the City Council and Disposition and Development Agreement actions needed in order to proceed with the Saint Joseph Ballet Company (SJBC). its new 21,500 square foot facility Kidseum and 19th Street. The project t 4 -1 Redevelopment Agency approved the (DDA), and related documents and development of a new facility for In August 1999, SJBC moved into in the Museum District between ontinues to be a success and has JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998 -06 Saint Joseph Ballet December 19, 2005 Page 2 enhanced the overall success of the City's arts and culture corridor along Main Street. As part of the August 1998 official actions, shared parking arrangements were initiated with Bowers Museum. To ensure that parking was readily available for the SJBC project, as well as Bowers Museum, a joint parking lease agreement was approved that established the rights and responsibility for use of the Agency -owned parking lots south of Bowers and west of Kidseum and SJBC (see Exhibit A). That agreement assured that both parties would be able to use either lot and would coordinate to ensure that special events are not held on the same date and time to avoid parking shortfalls. The agreement also provided that the Agency would retain development rights to the lots so long as replacement parking is provided within a reasonable distance of the facilities. The Bowers Museum expansion, which is now underway, involves a 30,000 square foot building expansion and a new surface parking lot. The new parking lot will be developed on three parcels of property located immediately north of the existing facility. The property is currently owned by the Steadfast Communities. A land exchange between the City and Steadfast Communities will be facilitated in order to provide parking for the expanded Bowers Museum and to develop Steadfast's mixed -use luxury housing project. The site on which the Steadfast project will be developed is currently owned by the City /Agency and used as the main parking lot for Bowers Museum and SJBC. The First Implementation Agreement addresses the loss of parking at Bowers Museum's existing south parking lot as a result of the proposed land exchange between the City and Steadfast. Under the implementation agreement, SJBC will receive 50 parking spaces in the new north parking lot under the same provisions as its current 50 -space allocation in the existing Bowers south parking lot. Additionally, the Agency will grant SJBC fee simple title to the two parking lots behind Kidseum and SJBC for $1.00, with the exception of the row of parking immediately adjacent to the Kidseum and east of the north /south alley between 18th and 19th Streets. SJBC will then lease the property back to Kidseum under the same terms and conditions that presently exist for shared parking. Lastly, the Agency will allow SJBC the first right of offer and the first right of refusal to purchase the Kidseum property at any time in the future if the City and Bowers no longer desire to operate a Kidseum and /or museum programs in the Kidseum facility. 4— JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998 -06 Saint Joseph Ballet December 19, 2005 Page 3 On December 12, 2005, the Planning Commission recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998 -06 as conditioned by a vote of 7:0 to amend the conditions of approval for the St. Joseph's Ballet Studio located at 1818 North Main Street in the Community Commercial- Museum District (Cl -MD) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit B). FISCAL IMPACT Funds from the sale of Agency -owned property will be deposited in the Merged Project Area Sale of Land Account (account no. 570 -01- 5721). APPROVED AS TO FUNDS AND ACCOUNTS: J y M. Trevino t4LFrancisco Gutierrez E e tive Director Vv Executive Director F� Planning & Building Agency Finance & Management Services Agency " E Patricia G. Whitaker U xecutive Director Community Redevelopment Agency PCW /JLQ /mlr H: \ACTIONS \2005 CC \JT P.H. CC -CRA FirstImpAgree& varianceNol998- 06StJosephBallet 12- 19- 05.doc 4 -3 THIS PAGE LEFT INTENTIONALLY BLANK "l a R a R 0 00 c R 20th Street 19th Street 18th Street 18th Street N 17th Street D BOWERS MUSEUM -ey`> SJBC/KIDSEUM PARKING EXHIBIT A ® ST. JOSEPH BALLET KIDSEUM 4-5 THIS PAGE LEFT INTENTIONALLY BLANK 4 -6 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2005 pducatlon Isr PLANNING COMMISSION SECRETARY APPROVED TITLE: ❑ As Recommended PUBLIC HEARING - TO ALLOW AN AMENDMENT ❑ As Amended TO VARIANCE NO. 1998 -06 FOR THE ST. JOSEPH ❑ Set Public Hearing For BALLET STUDIO DENIED Prepared by Sergio Klotz Executive Director RECOMMENDED ACTION • Applicant's Request • Staff Recommendation CONTINUED TO NNW, Planning MAageK Recommend that the City Council adopt a resolution approving an amendment to Variance No. 1998 -06 as conditioned. DISCUSSION Request of Applicant An amendment to the conditions of approval for Variance No. 1998 -06 at 1818 North Main Street. Property Description The project is located at the southwest corner of Nineteenth and Main Streets and improved with a two -story studio and office structure (Exhibit 1). The General Plan designation for the property is District Center (DC). The corresponding zoning designation for the property is Community Commercial - Museum District (C1 -MD). The surrounding uses include a surface parking lot use project) and the Bowers Museum to the north; south; residential uses to the west; and a variety the east (Exhibit 2). EXHIBIT B 4 -7 (future Cordoba mixed the Kidseum to the of commercial uses to Variance No. 1998 -06 'December 12, 2005 Page 2 Prolect Description The project consists of deleting one of the conditions of approval for Variance No. 1998 -06. Specifically, a Planning Division condition 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." The land exchange to facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, will result in noncompliance with this condition. Analysis of the Issues A land exchange was agreed and approved to facilitate the Bowers Museum and the Cordoba projects, one of the outcomes being the removal of the current surface parking lot located between the museum and St. Joseph Ballet. During the public hearings for both the Bowers Museum and Cordoba projects, the availability of parking for the St. Joseph Ballet was discussed. As discussed during the meetings, staff has worked with St. Joseph Ballet to reach a solution. In an effort to honor the condition imposed on the St. Joseph Ballet variance, satellite parking has been identified within the surrounding area. Consequently, it is recommended that the condition specifying the lineal distances to the parking be deleted in order to afford St. Joseph Ballet with maximum flexibility. The condition deletion would allow the use of up to 50 parking spaces at the new Bowers parking lot under construction to the north of the museum. By removing this condition, more flexibility would be granted for future parking considerations. Attached for consideration are the findings and conditions for Variance No. 1998 -06 (Exhibits 3 and 4). In concert with this action, the City Council will be considering an agreement committing parking directly behind the St. Joseph facility, the Kidseum and a surface parking lot (2011 North Main Street) for use by St. Joseph Ballet. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Env �pnmental Review No. 97-116(a) will be filed for this orQ-I ect . / {�, ±a SK: JM v 4 -8 sk \reports \va98- 06.amend.pc Rt R1 SD -65 C / R1 Ri r I R1 Rt R1 R1 r —� R1 Ri R1 IL F ¢ R1 ` R1 R1 L- o Ri P C5- Ri R1 R1 L R1 R1 Rt w Hpp R7 R7 R1 R7 RI r R1 R1 o L R1 eouxwPr L -� fpxon w1m �� r R2 pa R2 rzR2 3 <• MD R7 17 ~ R 0 a Pz f R7 ~ R7 ° Rz R1 t R1 R7 3 -R1 s C RI Rt R1 R1 R7 Ri ff R7 3 p p 1 ° R7 MD M10 P- R1 ; R1 R7 .i Te, xoli R2 z Rl Ri R, " - � m ,. R, pp TROJECT SITE G RI ¢e ! aP Mn MD y w, Pt b RI R1 C RI RI OP ® co i R2 R2 RI R7 L Ri Ri Ri R2r R2 p � 1. P Hm C7 ° 1m C1 ! m ci °° Ct r1 -C -" 1;1 Ct MD E c1 MD cLry =�� p a Dl rvw ? SD -73 Cl o'Q - -- - - 17TH ST. ya C1 C1 Ci C5 i s sP p sp m m cta HH SP -3 3 a qmd A3 m P3 i xre C1 SP -3 SP -3 � U "R R1 R1 fli t R1 q¢ HD II [R3 Hon P3- l s F SP 5 6P BP q3 q3 P3 R3 e xoo xon rvo3i A q �alul wlou ilonV ." R1 R1 mx sT Sp • s si D M1 Mi 9FF�gY R3 z nz Rt R7 �R]R2 Hon Hon C R3- n Sp SP-3 SP -3 M2 1" . HDU .3 sPS R3 ns n3 a loi alni Roy M2 a a, -SP -3 zs Pz ePY e :. R2 R2 nz P P R2 S3 SP -3 –3 °` 4 c21 cz Rt Ri m9PZ R2 P R2 SP-3 SP -3 �I� M2�-_s2 SP -3 SP -3 s My Pz R2 P P �p P a P R2 R2 qSP -3 a M`p M� "1, a D 7 Mz SP -3 a�n sr r R1 pt e P P SP -3 FP P P SP -3 n8p nSp Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE - FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO- FAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN M1 LIGHTINDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBANAPARTMENTS C7 -MD COMM. COMMERCIAL- MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRALBUSINESS p PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESSARTISP VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRIG PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL AMENDMENT TO VA 98 -6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET t "= 1000 FEET EXHIBIT 1 ew — = 500 FEET THIS PAGE LEFT INTENTIONALLY BLANK 4 -10 NINETEENTH STREET SINGLE FAMILY 3ESIDEMAL PARKING U' 2 SL JGLE F 4MILY f ESIDEA TIAL Y a EIGHTEENTH STREET SFR Z P A R K I G MEDICAL Q COMMERCIAL CAR WASH EIGHTEENTH ST. OFFICE r /— PARKING I AMENDMENT TO VA 98 -6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 4-11 J Q W W U F ¢ U) Z O U SFR Z P A R K I G MEDICAL Q COMMERCIAL CAR WASH EIGHTEENTH ST. OFFICE r /— PARKING I AMENDMENT TO VA 98 -6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 4-11 THIS PAGE LEFT INTENTIONALLY BLANK 4 -12 Variance No. 1998 -06 December 12, 2005 Page 1 of 2 Findings of Fact A. 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 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. B. 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. C. 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. EXHIBIT 3 4-13 Variance No. 1998 -06 December 12, 2005 Page 2 of 2 D. 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 development are mitigated." The sharing of parking along a major arterial would assist in protecting the residential neighborhood from parking intrusion. 4 -14 DECEMBER 12, 2005 PAGE 1 OF 1 Conditions for ADDroval Should modification to Variance No. 1998 -06 be 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. Planning 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. 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 perime,er st be illuminated to a minimum maintained one footcandl�}csf, 1 ht. EXHIBIT 4 THIS PAGE LEFT INTENTIONALLY BLANK 4 -16 RESOLUTION NO. CRA 2005 -006 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING A FIRST IMPLEMENTATION AGREEMENT BETWEEN THE AGENCY AND THE SAINT JOSEPH BALLET COMPANY BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency ") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the Redevelopment Plan "), in the area formerly known as the Central City Redevelopment Project. B. In order to implement the Redevelopment Plan, the Agency has previously agreed, to sell certain real property in the Project Area, pursuant to the terms and provisions of a Disposition and Development Agreement (hereinafter referred to as the "Agreement ") between the Agency and Santa Saint Joseph Ballet Company for fifty (50) years for a rent of $1.00. This property is constrained by the Agreement and City approvals to be used as required parking for employees and guests of the Ballet C. Saint Joseph Ballet Company now seeks to acquire said real property for its fair reuse value and lease rights to it back to the Charles Bowers Museum Corporation on the same terms that the Agency has leased said property; to obtain a right of first offer and a right of first refusal to the adjoining Kidseum owned by the Agency should it be offered for sale to anyone other than the Charles Bowers Museum Corporation; and to substitute parking opportunities in the new Bowers Museum parking lot (located north of the Museum's new expansion space) for identical parking opportunities it currently is afforded under the Agreement and related documents in the existing (but to be demolished) Bowers parking lot at 1900 North Main Street. 4 -17 D. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws. E. Saint Joseph Ballet Company possess the qualifications and financial resources necessary to acquire and insure development of the Site, in accordance with the purpose and objectives of the Redevelopment Plan. F. Pursuant to Environmental Review No. 97 -116a, a categorical exemption has been issued in compliance with the California Environmental Quality Act. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Site pursuant to the Agreement. Section 2. The First Implementation Agreement is hereby approved, and the Executive Director of the Agency is hereby authorized to execute the Agreement, with such non - substantive changes as may be approved by Agency's General Counsel. Section 3. The Executive Director of the Agency is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Agreement on behalf of the Agency. ADOPTED this day of 2005. APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Benjamin Kaufman Assistant General Counsel EINU Miguel A. Pulido Chair AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Secretary City of Santa Ana 3 4 -19 THIS PAGE LEFT INTENTIONALLY BLANK 4 -20