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HomeMy WebLinkAbout75A - PH EDNOVATE CHARTER APPLICATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 17, 2018 TITLE: PUBLIC HEARING —AMENDMENT APPLICATIOP NO. 2018-05 FOR THE EDNOVATE CHARTER HIGH SCHOOL LOCATED AT 1440-1450 EAST SEVENTEENTH STREET — PACIFIC WEST COMMUNITIES, INC., APPLICANT (STRATEGIC PLAN NO. , 2) ITY MANAG , RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2m Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2018-05 to rezone a property from Single -Family Residence (R-1) to Arterial Commercial (C-5) and a property from Single -Family Residence/B-parking suffix (R-1 B) and Arterial Commercial (C-5) to the Arterial Commercial (C-5) zoning district. PLANNING COMMISSION ACTION At its regular meeting on June 25, 2018, the Planning Commission by a vote of 5:1 (Mendoza opposed) recommended that the City Council adopt an ordinance approving Amendment Application No. 2018-05 to rezone a property from Single -Family Residence (R-1) to Arterial Commercial (C-5) and a property from Single -Family Residence/13-parking suffix (R-113) and Arterial Commercial (C-5) to the Arterial Commercial (C-5) zoning district. In addition, the Commission approved three variances for the project to allow a reduction in required street setbacks, to allow a driveway within 150 feet of a street intersection, and to allow a 10 -foot high fence along Wright Street for the Ednovate Charter High School located at 1440-1450 East Seventeenth Street. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is proposing to convert an existing two-story office building into a public high school. The office building occupies a site that has split zoning consisting of commercial, single- family residential, and single-family residential with the B parking suffix. Since the site is located on a major arterial street, is not a desirable location for residential uses, has previously been occupied by non-residential uses and will continue to in the future, the residential zoning is not appropriate at this location. Approval of the proposed zone change will clean up the inconsistent mix of zoning and will make the zoning consistent with the Commercial General Plan land use designation. 75A-1 Amendment Application No. 2018-05 Ednovate Charter High School at 1440-1450 E. 17th Street July 17, 2018 Page 2 Ednovate Charter High School was located on the New Song Church Campus at 1010 West Seventeenth Street beginning in early 2016. The high school vacated the site in early July 2018. The previous site is in the Community Commercial (C-1) zoning district where schools are permitted by right and is currently improved with a church. During its time in Santa Ana, Ednovate has grown and requires relocation to a larger facility that can accommodate the increase in students and faculty. The rehabilitation of the subject site's two-story, 24,000 -square foot building and a 5,000 -square foot addition will accommodate the current needs and future growth. Furthermore, a total of 70 off-street parking spaces will be provided for the project while 68 are required. On-site amenities will also be provided and will include an outdoor basketball court, a multi -use outdoor plaza and bike racks. The architecture of the building will be significantly upgraded to incorporate design elements such as new building openings (windows and doors), new clear windows, a colored metal panel system and a perforated metal panel system. These features will enhance the appearance of the building that was constructed in the late 1960's. Other exterior improvements are also proposed for the site that will bring it into compliance with current development standards. For example, the parking lot will be repaved and restriped, new fencing will be constructed, new landscaping will be planted, and new parking lot security lighting will be installed. The school is currently not occupying the subject property. While improvements are made to the subject site's building, the applicant has submitted plans to Building plan check to temporarily occupy a church located across from the new facility at 1500 East Seventeenth Street. Schools are permitted in the C-5 zoning district by right. As part of their delegated authority, the Planning Commission approved three variances for the school to address two existing legal non - conformities on the site (setbacks and driveway location) and a new fence around the school's basketball court. The variances are required due to the applicant's proposal for an addition that exceeds 10 percent of the square footage of the existing building and do not affect the school's ability to occupy the site. The first variance allows the building to remain with a less than 15 -foot landscaped street setback on Seventeenth and Wright streets as approved in 1969. The second variance allows a driveway on Wright Street that will be closer than 150 feet from the street intersection due to the site's configuration. The third variance allows a new 10 -foot high decorative fence around the basketball court to be within the Wright Street setback. The Commission determined, after analyzing the proposal and receiving public testimony, that special circumstances exist warranting approval of the variances. Full-sized plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 75A-2 Amendment Application No. 2018-05 Ednovate Charter High School at 1440-1450 E. 17th Street July 17, 2018 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency VF: rb S:RFCA\07-17-18\PBA Ednovate RFCA 7-17-18 Exhibits: A. Planning Commission Staff Report B. Ordinance 75A-3 75A-4 REQUEST FOR 4. Planning Commission Action -� �6 PLANNING COMMISSION MEETING DATE: - JUNE 25, 2018 TITLE: PUBLIC HEARING —AMENDMENT APPLICATION NO. 2018-05 AND VARIANCE NOS. 2018-04, NO. 2018-05 AND NO. 2018-06 FOR THE EDNOVATE CHARTER HIGH SCHOOL LOCATED AT 1440-1450 EAST SEVENTEENTH STREET — PACIFIC WEST COMMUNITIES, INC., APPLICANT (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Ma ager 1. Adopt an ordinance approving Amendment Application No. 2018-5 to rezone a property from Single -Family Residence (R-1) to Arterial Commercial (C-5).1 and a property from Single -Family Residence/B-parking suffix (RAB) and Arterial Commercial (C-5) to the Arterial Commercial (C-5) zoning district; 2. Adopt a resolution approving Variance No. 2018-4 to allow a reduction in required street setbacks; 3. Adopt a resolution approving Variance No. 2018-5 to allow a driveway within 150 of a street Intersection; and 4. Adopt a resolution approving Variance No. 2018-6 to allow an increase in fence height in the required landscape setback. Executive Summary Pacific West Communities, Inc., representing Ednovate Charter School, is requesting approval of several entitlements to convert an existing office building into a public charter high school at 1440-1450 East Seventeenth Street. Specifically, the applicant is requesting approval of an Amendment Application (zone change) to change the zoning designation of a section of the property from Single Family Residential (R1)/Arterial Commercial (C5) and a property zoned Single Family Residential/ -B Suffix (R1 -B) to Arterial Commercial (C5). Further, variances are needed to allow a reduction in building setbacks, vehicular access and fence height. Staff is EXHIBIT A 75A-5 AA No. 2018-5, & VA Nos. 2018-4, 2018-5 and 2018-6 June 25, 2018 Page 2 recommending approval of the applicant's request due to the placement of the existing building and the project's compatibility to the surrounding uses. Table 1: Prolect and Location Information Item Information Project Address 1440 and 1450 East Seventeenth Street Nearest Intersection Seventeenth and Wright Streets General Plan Designation General Commercial (GC) Zoning Designation Existing Proposed Single Family Residential (R-1) and Arterial Commercial C-5 Arterial Commercial (C-5) Surrounding Land Uses North Medical and Professional offices East Religious institution South Single family residence West Single family residence Project Site Size 1.26 -acres Existing Site Development A two-story 24,428 -square foot office building with surface parking. Use Permission School forpublic purposes is allowed by right Zoning Code Sections Affected 41-368 and 41-369 (development standards) 41-428 (vehicle access) 41-610.5 walls and fences Prolect Background The Ednovate Charter High School was first established in the City in August of 2016, where they began operating within a temporary site on West Seventeenth Street. Since first opening, the school has realized an increase in enrollment and a demand to accommodate additional students. As a result, Ednovate identified the subject building as the location for -a larger and permanent campus. Currently, a total of 220 students attend classes at the West Seventeenth Street campus. Once approved, the enrollment will grow to 350 students when the new campus is open for the 2019-20 school year. Ultimately, the overall enrollment is expected to reach a capacity of 460 students. On March 23, 2018, the applicant held a Sunshine Ordinance Community Meeting that was attended by approximately 20 individuals. At the meeting, topics such as the school background, parking and traffic were discussed. Prolect Description The applicant is proposing to convert an existing two-story, 24,428 square -foot office building into a public high school. In addition the applicant is proposing to construct a two-story, 4,940 square -foot addition on the south elevation of the building with classrooms, a study area, restrooms and storage. A total of 70 off-street parking spaces will be provided for the project while 68 are required. On-site amenities will also be provided and will include an outdoor basketball court, a multi -use outdoor plaza and bike racks. 75A-6 AA No. 2018-5, & VA Nos. 2018-4, 2018-5 and 2018-6 June 25, 2018 Page 3 The architecture of the building is also proposed to be modified. New design elements such as new building openings (windows and doors), new clear windows, a colored metal panel system and a perforated metal panel system will all be utilized to significantly enhance the appearance of the building that was constructed in the late 1960's. Proiect Analysis Ednovate is proposing to repurpose an existing office building into a new high school. Included in the application is a request to clean-up inconsistent zoning and obtain variances due to the placement of the existing building. The following subsections of this report provide analyses for each of the recommended action items. Amendment Aoolication The subject site is comprised of two properties: A 13,700 square foot lot (1440 East Seventeenth Street) located west of the existing building has a Single -Family Residence (R-1) zoning designation; and a 41,900 square foot lot that has split zoning consisting of Arterial Commercial (C-5) and Single -Family Residence/B-parking suffix (R1-13). The proposal to add square footage to the existing building triggers the requirement to bring the zoning of the site into compliance with City's standards. Given the property is primarily zoned C-5, the balance of the site will need to be amended to have one consistent zoning designation throughout. Staff is supportive of the request for several reasons. First, one single and consistent zoning designation will allow the site to be governed by a single set of development standards. As the property is located on a major arterial street, the C-5 designation is the most logical zoning for the parcels and is consistent with the zoning of other parcels along the corridor. Second, given the location of the parcels on an arterial highway, and adverse impacts associated with parcels located on a roadway, residential land uses are not preferred uses on Seventeenth Street. Finally, the General Plan land use designation for the corridor is General Commercial (GC). Approval of rezoning to the C-5 designation will ensure that the zoning of the parcels is consistent with the General Plan designation. For these reasons, staff is supportive of the applicant's request to rezone the parcels. Setback Variance Variance request are governed by Section 41-638 (2) of the SAMC. Variances may be granted when it can be shown that characteristics of the site make the variances necessary for the preservation and enjoyment of substantial property rights, that the variances will not be detrimental to the public or surrounding property, and that the variances will not adversely affect the General Plan. In analyzing the multiple variance requests, staff believes that the following analysis warrants staffs recommendation of approval for the multiple variances. The applicant is requesting a variance from Section 41-427 of the Santa Ana Municipal Code (SAMC). This section requires a minimum landscaped setback of 15 feet where the property fronts a street, in this case both Seventeenth and Wright Streets. The applicant is requesting 75A-7 AA No. 2018-5, & VA Nos. 2018-4, 2018-5 and 2018-6 June 25, 2018 Page 4 approval of a variance to maintain the existing building setbacks of 14 feet along Seventeenth Street and eight feet on Wright Street.. The project site has special circumstances that warrant approval of a variance. First, the building currently does not comply with the City's setback standards and is therefore legal non- conforming. To comply with the current setback standards found in the City's Commercial Development Standards, approximately 2,000 square feet of building area on both the first and second floors would have to be demolished in order for the building to comply with code. This would result in the loss of three classrooms and a portion of a study hall and result in a significant burden to the school. Further, since other buildings along the corridor do not comply with the setback standard and are located closer to the street, this building would be inconsistent with the development pattern of the area. Finally, by allowing the building to expand and maintain the existing setback, it will assist in facilitating vehicular and pedestrian circulation on the site. The variance is also necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be expanded with a reduced setback will allow the owner the ability to maintain the use of building on an underutilized parcel of land. Shifting the building to comply with the setback standard would reduce the viability of the existing building, thereby impacting the property rights of the owners. However, the building and site will be subject to on-site improvements such as new landscaping, parking lot restriping and signage, all which will enhance this property and the surrounding properties. Driveway Variance The applicant is requesting approval of a variance from Sections 41-428 (a) of the Santa Ana Municipal Code (SAMC) to allow a driveway located within 150 feet of the intersection. Per Section 41-428 (a), no entryway or exit way shall be located within 150 feet of any street intersection. The applicant is proposing to consolidate two existing driveways on Wright Street and construct a new entry only driveway. As designed, the driveway will be located within 142 feet of the Seventeenth/Wright Streets intersection. There are special circumstances applicable to the subject property. The subject site is located on the southwest comer of Seventeenth and Wright Streets. The project site will have an entry only driveway on Wright Street and an exit only driveway on Seventeenth Street. The Arterial Commercial (C5) zoning district was envisioned to create a strong and viable commercial district with minimal impacts to traffic on arterial streets due to an excessive number of curb cuts. By locating the driveway on Wright Street at its proposed location, the on-site circulation system will result in an efficient pattern that is ideal for the school use. In addition, the exit only on Seventeenth Street will limit any adverse impacts to the arterial street. Therefore, the granting of the variance for entryway location will preserve the property owner's ability to operate a use that meets the standards for a school use as well as the City's and State's Building and Fire codes. The granting of the variance will contribute the overall success of the Seventeenth Street Corridor as a major commercial corridor in the City as a whole. 75A-8 AA No. 2018-5, & VA Nos. 2018-4, 2018-5 and 2018-6 June 25, 2018 Page 5 The granting of the variance will not be materially detrimental to the public welfare or injurious to the surrounding property. The site will have safe and convenient access to accommodate their patrons through the entry way on Wright Street. The proposed entry way to the site is located within 142 feet of the intersection and will not result in negative impact to the adjacent commercial or residential neighborhoods. Conditions have been placed on the variance to ensure that the site will be in compliance with all other development standards applicable to the property. Fence Variance Finally, the applicant is requesting approval to allow a 10 foot high ornamental wrought iron fence within the required landscaped setback on Wright Street. Section 41-610.5(a) limits fences to a maximum height of four feet if located within the required setback. Staff is supportive of the applicant's request for several reasons. First, the fence will be an ornamental wrought iron fence that will allow visibility into the campus. The City's fence standards are designed to discourage walls and fences that act as physical and aesthetic barriers to properties, which adversely affect property values. Second, the fence will be located on a secondary street and will not be visible from Seventeenth Street, a major arterial street in the City. The secondary street location will minimize its view, thereby reducing the potential to be seen as a barrier. Finally, the fence will be used to reduce the potential for sports equipment to enter the street, which can be a safety concern for both vehicles and students of the school. The granting of the variances will not adversely affect the General Plan. The proposed school is consistent with Goals 1, 3 and 5 of the Land Use Element of the General Plan. These goals encourage uses that promote a balance of land uses to address basic community needs, encourage development that preserves and improves the character and integrity of existing neighborhoods, and ensures that the impacts of development are mitigated. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the re -investment of commercial properties, and encourages increased levels of capital investment. Significant site improvements and the construction of a 4,900 square foot addition with significant architectural improvements will enhance the overall appearance of the Seventeenth Street Corridor, thereby resulting in an increase in investment on the site and surrounding properties. The project is also consistent with Policies 2.10 and 3.5 of the Land Use Element that supports new development which is compatible in scale and character with existing development in the area. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed high school will be located in a commercial area and their operations will be compatible with the surrounding commercial businesses. Table 3: CEQA. Strategic Pian Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment; and Public Notification'& Community Outreach'. CEQA CEQA Tvpe I Class 1 Cate odcal Exemption FSectiTn 15301 Reasons Exempt or I Class 1 consists of the operation, repair or maintenance of public or private structures with 75A-9 AA No. 2018-5, & VA Nos. 2018-4, 2018-5 and 2018-6 June 25, 2018 Page 6 CEQA, Strategic Plan Alignment, and Public Notification.& Community Outreach Analysis negligible expansion of up to 10,000 square feet where utilities currently exist and the site is not in an environmentally sensitive area. The project consists of the occupancy of a permitted use (public school) along with the construction of 4,940 square feet of new building area. Environmental Review No. 2018-16 will be filed for this project. Strategic Plan Alignment Goal(s), Policy or Approval of this item supports the City's efforts to meet Goal #3 — Economic Development, Policies Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning policies). Pub ioNotif!cation & community Outreach A public notice was posted on the pr9ject site on June 14, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the Required Measures project site on June 14, 2018. Newspaper postingwas published in the Orange County Reporter on June 14, 2018. The Mabury Park Neighborhood Association was contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of Additional Measures concern were raised regarding this application. Further, a Sunshine Ordinance meeting was held on March 23, 2018, where approximately 25 members of the public attended and provided input on the proposed project. Conclusion Based on the analysis provide within this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-5. Further, staff recommends that the Planning Commission adopt a resolution approving Variance No. 2018-4 to allow a reduction in required setbacks, Variance No. 2018-5 to allow a driveway within 150 of a street intersection, and Variance No. 2018-6 to allow an increase in the allowable fence height, as conditioned. Vince Fregos , AICP Principal Plann VF:sb S.1pardog Commisslon\281818-28-181Edn0vate Staff Report.pc. Exhibits 1. Ordinance 2. Resolution 3. Vicinity Zoning and Aerial Map 4. Site Photos 5. Site Plan 6. Floor Plans 7. Elevations 8. Landscape Plan 75A-10 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-05 REZONING TWO PROPERTIES LOCATED AT 1440 AND 1450 EAST SEVENTEENTH STREET FROM RESIDENTIAL (R -1/R -IB) TO ARTERIAL COMMERCIAL (C-5) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1969, a 24,000 square foot office building was constructed on the subject property. Since that time, the building has predominantly been occupied by various office uses. B. In 2018, the City received an application for Ednovate Charter Public High School to occupy the mostly vacant structure. School uses such as the proposed use are a permitted use in the commercial zoning districts. C. Ednovate is a charter school providing educational opportunities for high school age children in grades 9-12. Ednovate is currently operating within a temporary space in the central area of the city and is seeking a permanent location for their school. D. Amendment Application No. 2018-05 has been filed to change the zoning designation of 1440 East Seventeenth Street from Single -Family Residence (R- 1) to Arterial Commercial (C-5). The property is currently used as required parking for the existing two-story building. School uses are a permitted use by right in the C-5 zoning district. E. Amendment Application No. 2018-05 has also been filed to change the zoning designation of 1450 East Seventeenth Street from Arterial Commercial (C-5) and Single -Family Residence/13-parking suffix (R-1 B) to Arterial Commercial (C- 5). The property currently has two (2) zoning designations, with the site being used as an office building and parking lot. F. The zoning designation of the two parcels as shown on Exhibit A will allow the use of these parcels as a public high school, thereby being consistent with the goals and objectives of the General Plan. G. The General Plan land use designation for these properties is General Commercial (GC). The properties are currently inconsistent with the General Plan, with the proposed amendment application making the properties consistent with the Land Use Element of the General Plan. EXHIBIT 1 75A-11 H. On June 25, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-05 which is consistent with the General Plan. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 17, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 17, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has considered the information contained in Environmental Review No. 2018-16 prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole 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, the proposed project has been analyzed under the categorical exemption provisions and meets all the requirements of CEQA. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. If any section, subsection, 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, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. 75A-12 ADOPTED this 17" day of July, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75A-13 EXHIBIT A MAP OF PROPOSED ZONE CHANGES 75A-14 s-s-g '1' IRI�4 SSB RIA] cs 9 P cl C5 cs li, --4 17TH ST L cl kil .mai j cl I F—, C, 0MUM 4TR. iIIIIII fill "I NEE - p� RD fc RIBID ® 'I• lLtnpttn.Y vaJOIN In L9 re R'll RD Ri R&, '02, TIR E0.1 RIFE, of 11- W ap 4TH ST A ON loz", p L.w I Fi� 0 wag Tcl al "JLa II ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH WIN STREETCOWERCIAL DIST. R2 TWO-FAMLY RESIDENCE -B PARKINOMODIFICATION cl COMMUNITYCOWERCIAL GO GOVERNMENTCENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAYZONE CM COMMUNITY COWASFICRL - MUSEUM DIST. MI LIGHTINDUSTRIAL R4 SUBURBANAPARTMENT PLANNED RESIDENTKL -PRE) DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY NDUSTRAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFICIDEVO.OPMENT -HD2 HBOWDISTRICTI C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN OR COMORCIALRESURITKI. RI SINGLE-FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 8-5-9 -A--- CITY OF SANTA ANA. CALIFORNIA IIBIT A 75A-15 LS 6.25.18 RESOLUTION NO.2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2018-04, 2018-05 AND 2018-06, AS CONDITIONED, TO ALLOW EDNOVATE PUBLIC CHARTER HIGH SCHOOL WITH REDUCTIONS IN STREET SETBACKS, DRIVEWAY PROXIMITY TO A STREET INTERSECTION AND FENCE HEIGHT FOR THE PROPERTIES LOCATED AT 1440-1450 EAST SEVENTEENTH STREET 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. Pacific West Communities, Inc., representing Ednovate Charter High School (Applicant), is requesting approval of Variance Nos. 2018-04, 2018-05 and 2018-06 to allow Ednovate Charter High School to occupy an existing building with a reduction in street setbacks, driveway location and fence height for the properties located at 1440-1450 East Seventeenth Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. C. Variance Nos. 2018-04, 2018-05 and 2018-06 came before the Planning Commission of the City of Santa Ana on June 25, 2018, for a duly noticed public hearing. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-04 to allow a reduction in street setbacks: 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 this Chapter. EXHIBIT 2 75A-16 The project site has a special circumstance that warrants approval of a variance. First, the building currently does not comply with the City's setback standards. When the structure was built in 1969, zoning and development standards such as setbacks differed. To comply with the current development standards of the Arterial Commercial (C-5) zoning district, approximately 2,000 square feet of the two-story building would have to be demolished to make the building comply with code. This would effectively result in a significant burden on the property owner. Further, since other buildings along the Seventeenth Street corridor do not comply with the setback standard, this building would be inconsistent with the development pattern of the area. Finally, by allowing the building to expand and maintain the existing setback, it will assist in improving vehicular and pedestrian circulation on the site. As a result, special circumstances exist that warrant a variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to remain and expand with a reduced setback will allow the owner the ability to construct a larger, more functional building on an underutilized parcel of land. Therefore, the granting of the variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property owner's right to develop on the site with a use that is allowed in the zoning district and will assist in revitalizing the area, which preserves the property owner's right to upgrade and develop its property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with applicable development standards except for landscape setbacks, driveway location and fence height. The building expansion and related site improvements such as new architectural elements and landscaping will enhance this property and benefit the surrounding properties. The proposed addition has been designed to be compatible with the surrounding properties, including the adjacent residential properties, through site design and conditions of approval. The proposed project will 75A-17 make a substantial capital investment in the site, thereby enhancing this property and the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as the school use is a permitted use in the General Commercial (GC) land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 3 to preserve and improve the character and integrity of existing neighborhoods and Goal 5 to ensure that the impacts of development are mitigated. The project is also consistent with Land Use Element Policy 2.8 to promote the rehabilitation of commercial properties and encourages increased levels of capital investment, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, and Urban Design Element Policy 1.5 encourages projects that include enhanced architectural forms, textures, colors and materials. The building and its addition are consistent with these goals and policies and has been designed to provide architectural and visual interest to the site. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-05 to allow a driveway within 150 feet of a street intersection: 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 variance with the intent and purpose of the provisions of this Chapter. There are special circumstances applicable to the subject property. The subject site is located on the southwest corner of Seventeenth and Wright Streets. The Applicant is proposing to eliminate two driveways on Wright Street, including one that is closer to the intersection than allowed by Code, and replace them with a single entry -only driveway that is eight (8) feet short of complying with Code. The variance will allow the Applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. The Arterial Commercial (C5) zoning district was envisioned to create a strong and viable 75A-18 commercial district with systematic development and landscaping standards that are intended to minimize impacts to the arterial street system. The location of the driveway on a secondary street will minimize any impacts to the circulation system. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for the location of the driveway will preserve the property owner's ability to operate a school use with an efficient on-site circulation pattern that meets the needs of the school. The granting of the variance will contribute to the overall success of the Seventeenth Street Corridor as a major corridor in the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. There are special circumstances applicable to the subject property. The subject site is located on the southwest comer of Seventeenth and Wright Streets. The project site will have an entry -only driveway on Wright Street and an exit -only driveway on Seventeenth Street. The Arterial Commercial (C5) zoning district was envisioned to create a strong and viable commercial district with minimal impacts to traffic due to an excessive number of curb cuts. By locating the driveway on Wright. Street at its proposed location, the on-site circulation system will result in an efficient pattern that is ideal for the school use. Further, the exit -only on Seventeenth Street will limit any adverse impacts to the arterial street. Therefore, the granting of the variance for the entryway location will preserve the property owner's ability to operate a use that meets the standards for a school use as well as the City's and State's Building and Fire codes. Granting this variance will not be detrimental to the welfare of the public, nor injure surrounding property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the general plan as the school use is a permitted use in the General Commercial (GC) land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 3 to preserve and improve the character and integrity of existing neighborhoods and Goal 5 to ensure 75A-19 that the impacts of development are mitigated. The project is also consistent with Land Use Element Policy 2.8 to promote the rehabilitation of commercial properties and encourages increased levels of capital investment, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, and Urban Design Element Policy 1.5 encourages projects that include enhanced architectural forms, textures, colors and materials. The building and its addition are consistent with these goals and policies and has been designed to provide architectural and visual interest to the site. F. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-06 to allow a fence to exceed the maximum height within a required setback: 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 variance with the intent and purpose of the provisions of this Chapter. The project site has special circumstances related to its location. The fence will be an ornamental wrought iron fence that will allow visibility into the campus. The City's fence standards are designed to discourage walls and fences that act as physical and aesthetic barriers to properties, which affect property values. Further, the fence will be located on a secondary street and will not be visible from Seventeenth Street, which is a major arterial street in the City. The secondary street location will minimize its view, thereby reducing the potential to be seen as a barrier. Finally, the fence will be used to reduce the potential for sports equipment to enter the street, which would be a safety concern for both vehicles and students of the school. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. The taller fence is necessary for enjoyment of the sports court on the property. Without the approval of the requested variance, the potential exists for sports equipment to enter 75A-20 the street, which would be a health and safety concern for both vehicles and students. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The project has been designed to be compatible with the neighboring uses, with the property to be significantly upgraded to be a contribution to the public welfare and not injurious, but beneficial, to the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the general plan as the school use is a permitted use in the General Commercial (GC) land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 3 to preserve and improve the character and integrity of existing neighborhoods and Goal 5 to ensure that the impacts of development are mitigated. The project is also consistent with Land Use Element Policy 2.8 to promote the rehabilitation of commercial properties and encourages increased levels of capital investment, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, and Urban Design Element Policy 1.5 encourages projects that include enhanced architectural forms, textures, colors and materials. The building and its addition are consistent with these goals and policies and has been designed to provide architectural and visual interest to the site. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15301 (Class 1 "Existing Facilities"). This Class 1 categorical exemption consists of the operation, repair or maintenance of public or private structures with negligible expansion of up to 10,000 square feet where public services and facilities are available and the site is not in an environmentally sensitive area. The project consists of the occupancy of a permitted use (public school) along with the construction of 4,940 square feet of new building area. Environmental Review No. 2018-16 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any 75A-21 environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance Nos. 2018-04, 2018-05 and 2018-06 as conditioned in "Exhibit X attached hereto and incorporated as though fully set forth herein for the project located at 1440-1450 East Seventeenth Street. 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 June 25, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of June 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairman 75A-22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 25, 2018. Date: Recording Secretary 75A-23 EXHIBIT A Conditions for Approval for Variance Nos. 2018-04.2018-05 and 2018-06 Variance Nos. 2018-04, 2018-05 and 2018-06 are 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 California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip for to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division Conditions: 1. All proposed site improvements must conform to the Site Plan reviewed under this application. 2. Any amendment to these variances, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variances must be amended. 3. A detailed landscape plan must be reviewed and approved by the Planning Division prior to issuance of any building permits. The landscape plan shall conform to the Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 4. After project occupancy, landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 5. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees, and agents (collectively and individually, "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void or annul the decision of the Indemnitees concerning this approval or any of the proceedings, acts, or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The 75A-24 Applicant's indemnification is intended to include, but not limited to, damages, fees and/or costs,awarded or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation, attorneys' fees or other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. B. Police Department 1. Prior to submitting into building plan check, submit plans that indicate all structures and parking lot comply with provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. 2. Prior to submitting into building plan check, submit a full set of electrical plans to the Police Department to verify exterior lighting placement and parking lot illumination levels. 3. Prior to obtaining an electrical permit, submit photometric foot-candle calculations of all parking lots and walkways for review and approval. Photometric calculations must be superimposed on a scaled site plan of the project. 75A-25 8/21/2018 EDNOVATE CHARTER HIGH SCHOOL - AA NO. 2018-5 AND VA NOS. 2018-41 2018-5 & 2018-6 all Ana Boundary Remittance isnaL.mmly ..o-ramh gaa5lden<. 1 ' Subu2ln Apanmen5 ' MNtipb-family Pe51G.n c. ' Aalid nt.l ESula Ccmmavi.l Re51den5i.l 5p.6fic plan T i 5p.dec oavempmem II ' Planed Shopping Canue Sall" Main Sfnu Commercial Duliin ] Cemmu"n'CammettialrnuSeum DWS ] CmmUn;w Commercial ' An.nal Comme"W General Commercial — ] u:mmduswal 'Heavy lndm5nn 4 %aM1Suanal ' Goverment CenSa C'lin Space G.n. j Gmenl pgncuhunl Fa14:� IFA +rM 1 WI]1 Y O tom niniHal Man Prndurrs- All rinhlc raccrved. http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/ Itr xli2.6nl# 1/1 Exhibit 4 —Site Photo Ednovate Charter High School AA No. 2018-05 and VA Nos. 2018-04, 2018-05 & 2018-06 1450 E. Seventeenth Street 75A-27 I § L k ( mpI a EXHIBIT s 75A-28 ! ) | \ EXHIBIT s 75A-28 m 0 � Q I I I I I I i -----------+ I I — I I I I�a I I I i I r 4_/:„--3Yt.] 75A- C 75A-30 /_� -- «.� �------:�-- - ;/�---- ° ƒ� i •I �� ƒ\ I FAN �; I I J d f C7 Y N 4 Q lAI" ��J ❑ All ■su w■■ne� w■■tee: I�.an1u Eq I1111011,511IAw1®� 'I �OMNI �®1l1 ®Iv11■11111 MEN w■m: =ONION w■■w■MEMO ■eiSMI: ■�::__ ■rte IS ell.mom NO-m.E. ■1No ON NO [OWN 11■WPM m■■w .111N■ ■®■■■ EMBIlom 1011m .IIEW mol MME ho ��aWOMEN B1a11 _MIMEM ■11116° f111lolli IF 0 0 EXHIBIT 7 Q ut i FI YOJ?JOdIiY7 `YNY 1'1NY5 1W�iaN .Y =3@:15 Hlll '3 I!� j i � t • MI..' � �=a ; i ; � s E cts Y\Y Y1Nt'S - olYI.GNG3 ��I I b ' " uH a o •aaaoa 1! 1 f i� 5 qa � � G e 1 • y Y. E E� .i5 A �lY�zBEd 4�SG� os96E€iil�i ��s F�rg cFy 3 �nE• �Sva 5 F �• r 1 } S( qq F ee66 EE 33 vssi FFlb�S€ 4 k $� ga €& as}�e�¢�a ?SES@�[84p1�a �gF E€Yils�Fels at ig$i€e €°&ai° Sy;.`2° i ' f�i.i. `s€° ei€1 :E. afA i3�al¢°i�f �s�645: tE {• �" .-€es. :5.b ee21: _., 193N1S 1HbJR!M� vaY `t 1 �'• ! I €fy �� `\ : � l l l� f ' l l �� i f l i_ ,r f� r l•I �� { IvI�J—,,S —� �\ � r- pp { I 1 9 s lg Q I 1 i ! � I.I ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-05 REZONING TWO PROPERTIES LOCATED AT 1440 AND 1450 EAST SEVENTEENTH STREET FROM RESIDENTIAL (R -1/R -IB) TO ARTERIAL COMMERCIAL (C-5) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1969, a 24,000 square foot office building was constructed on the subject property. Since that time, the building has predominantly been occupied by various office uses. B. In 2018, the City received an application for Ednovate Charter Public High School to occupy the mostly vacant structure. School uses such as the proposed use are a permitted use in the commercial zoning districts. C. Ednovate is a charter school providing educational opportunities for high school age children in grades 9-12. Ednovate is currently operating within a temporary space in the central area of the city and is seeking a permanent location for their school. D. Amendment Application No. 2018-05 has been filed to change the zoning designation of 1440 East Seventeenth Street from Single -Family Residence (R- 1) to Arterial Commercial (C-5). The property is currently used as required parking for the existing two-story building. School uses are a permitted use by right in the C-5 zoning district. E. Amendment Application No. 2018-05 has also been filed to change the zoning designation of 1450 East Seventeenth Street from Arterial Commercial (C-5) and Single -Family Residence/13-parking suffix (R-1 B) to Arterial Commercial (C- 5). The property currently has two (2) zoning designations, with the site being used as an office building and parking lot. F. The zoning designation of the two parcels as shown on Exhibit A will allow the use of these parcels as a public high school, thereby being consistent with the goals and objectives of the General Plan. G. The General Plan land use designation for these properties is General Commercial (GC). The properties are currently inconsistent with the General Plan, with the proposed amendment application making the properties consistent with the Land Use Element of the General Plan. Exhibit 6 Ordinance No. NS-xxxx Page 1 of 4 75A-33 H. On June 25, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-05 which is consistent with the General Plan. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 17, 2018. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 17, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has considered the information contained in Environmental Review No. 2018-16 prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole 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, the proposed project has been analyzed under the categorical exemption provisions and meets all the requirements of CEQA. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. If any section, subsection, 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, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. Ordinance No. NS-xxxx Page 2 of 4 75A-34 ADOPTED this 171h day of July, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C _ Lisa Starck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 Ordinance No. NS-xxxx Page 3 of 4 75A-35 EXHIBIT A MAP OF PROPOSED ZONE CHANGES Ordinance No. NS-xxxx Page 4 of 4 75A-36 b _f]:I Cf Q �.j R f00 Cl CS 9 Rw�OA. wFwM 1 7( MlKJ(Z DISTRICTS aI GENERAL AGRCIIIL T JRA L CSM SOUTH MAN STREET COMMERCAL DIST. R2 MO -FAMILY RESUOICE -S PARKNG MOOF'CATON Cl COMMUNITY COM ACML GC GOVERNMENT CENTER M MI.LTPLE. FAMLT RESVENCE -OZ OVERLAY ZONE CWD C2 COL NI COMMERCML-MUSEUM DIST. MM GENERAL COERCIAL M1 M2 MHTF"STRAL HEAVY NDUSTRWL RA RE SUBLIRBANAPARTMENT RESGENTAL ESTATE PRD PLANNEORFSOENTIAL OEVELOPM CA PLANNED SHOPPNG CENTER 0 OPENSPACE ED SPECF:C DEVELOPMENT -HD2 HEIGHT DGTRCTI CS ARTERN L COMRERCIA L P PROFESSIONAL SP SPECFC PLAN CR COMMERCWL RESGENTWL R1 S NGLE-FAMLY RESGENOE SECTIONAL DISTRICT MAP: 5-5-9 e CITY OF SANTA ANA. CALMFORNIA Exhibit: A 75A-37 75A-38