Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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Application No. 2022-01 to change the site's zoning designation from Professional (P) to Light Industrial (M1). D. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. E. On August 22, 2022, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2022-01. Following information received during the public hearing, the Planning Commission continued the item to its regular meeting on September 26, 2022, after which the project was continued to its regular meeting on October 10, 2022. During said October 10, 2022 meeting, the Planning Commission voted unanimously to adopt a resolution approving Conditional Use Permit No. 2022-14 and to recommend that the City Council adopt an ordinance approving Amendment Application No. 2022-01. F. On October 18, 2022 and on October 19, 2022, appellants Molly Greene with Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on behalf of Garry Plaza Office Park Association, filed respective appeal applications, Appeal Nos. 2022-01 and 2022-02, respectively, for Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. The Conditional Use Permit application and two appeal applications are subject to concurrent City Council consideration with this Amendment Application. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. The General Plan identifies on Table LU-A-1 that the Interim Development Standard for the FLEX-3 area is M1. The subject site is designated by the General Plan Land Use Element as FLEX-3. This land use designation by the General Plan encourages developments that provide context appropriate development in areas with existing industrial uses. The building has been designed to feature taller height and contemporary finishes to ensure it remains aesthetically compatible with the surrounding area, even as adjacent properties may redevelop with new industrial or mixed -use office, industrial, and/or research and development uses. The project has been designed to conform to all applicable standards of the M1 zoning district. Ordinance No. NS-XXXX Page 2 of 6