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HomeMy WebLinkAbout2 - 1440-1450 E 17TH STREET2-1 2-2 2-3 2-4 2-5 2-6 Ordinance No. NS-xxxx Page 1 of 4 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-1B) 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/B-parking suffix (R-1B) 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 2-7 Ordinance No. NS-xxxx Page 2 of 4 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. I. 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. 2-8 Ordinance No. NS-xxxx Page 3 of 4 ADOPTED this 17th 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 2-9 Ordinance No. NS-xxxx Page 4 of 4 EXHIBIT A MAP OF PROPOSED ZONE CHANGES 2-10 EXHIBIT A This page left blank intentionally. 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: 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. EXHIBIT 2 2-12 Resolution No. 2018-xx Page 2 of 10 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 2-13 Resolution No. 2018-xx Page 3 of 10 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 2-14 Resolution No. 2018-xx Page 4 of 10 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 corner 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 2-15 Resolution No. 2018-xx Page 5 of 10 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 2-16 Resolution No. 2018-xx Page 6 of 10 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 2-17 Resolution No. 2018-xx Page 7 of 10 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 A” 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: _______________________ Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-18 Resolution No. 2018-xx Page 8 of 10 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 2-19 Resolution No. 2018-xx Page 9 of 10 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 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 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 2-20 Resolution No. 2018-xx Page 10 of 10 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. 2-21 6/21/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 EDNOVATE CHARTER HIGH SCHOOL - AA NO. 2018-5 AND VA NOS. 2018-4, 2018-5& 2018-61450 EAST SEVENTEENTH STREET EXHIBIT 3 - VICINITY ZONING AND AERIAL VIEW © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-22 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 2-23 EXHIBIT 5 2-24 EXHIBIT 6 2-25 2-26 EXHIBIT 7 2-27 EXHIBIT 82-28 This page left blank intentionally.