HomeMy WebLinkAbout75A - PH SCHOOL EXPANSIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 7, 2019
TITLE:
PUBLIC HEARING — ADOPT ZONING ORDINANCE
AMENDMENT NO. 2019-01 TO PERMIT THE
EXPANSION OF AN EXISTING ELEMENTARY
SCHOOL LOCATED WITHIN SPECIFIC
DEVELOPMENT NO. 82 ZONING DISTRICT BY
AMENDING CHAPTER 41 (ZONING) TO ADD A
DEFINITION FOR "SCHOOLS" AND TO ALLOW
SCHOOLS AS A PERMITTED USE IN THE
SPECIFIC DEVELOPMENT ZONING DISTRICT
LOCATED AT 2601- 2617 WEST FIFTH STREET
(STRATEGIC PLAN NOS. 3,21
CITY IaANAGER
RECOMMENDED ACTION
Adopt Zoning Ordinance Amendment No. 2019-01.
PLANNING COMMISSION ACTION
CLERK OF COUNCIL USE ONLY:
r_l»CAI9C9
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
At its regular meeting on February 11, 2019, and after receiving public testimony on the item, the
Planning Commission recommended that the City Council approve Zoning Ordinance
Amendment No. 2019-01 by a vote of 5:0 (Alderete and Vedno absent). The Planning
Commission added language to the Specific Development No. 82 zoning document (SD -82) to
require the submittal and approval of a traffic plan and a safety plan prior to issuance of any
building permits for a school use (Exhibit 2).
DISCUSSION
Red Hook Capital Partners III, LLC, representing Vista Heritage Charter Schools, submitted an
application to amend the Permitted Uses and Operational Standards sections of the Specific
Development No. 82 (SD -82) zoning district to specify "schools" as a permitted use and to add
operational standards for a school use. In conjunction with the request, staff is proposing an
amendment to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to add a "school'
definition. If approved, Vista Heritage Charter School intends to expand their 6-8t' grade operation
located at 2609 West Fifth Street to include Kindergarten through 5t' grades within the spaces
located at 2601 through 2617 West Fifth Street.
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ZOA No. 2019-01 2601-2617 West Fifth Street
May 7, 2019
Page 2
School Expansion
The existing Vista Heritage campus is approximately 18,368 square feet in size and will increase to
66,000 square feet at full build out. The additional square footage will accommodate 38
classrooms, a multi-purpose room, two cafeterias, office areas and conference rooms. The
enlarged campus will be able to accommodate 870 total students, including 420 elementary age
students and 450 middle school students. The increase in grades and students is expected to
occur gradually, with the buildup anticipated to take up to five years to reach maximum capacity.
The school will operate Monday through Friday from 7 a.m. to 6 p.m. The school currently
operates from 8 a.m. to 3 p.m. but will shift their starting hours to between 7:30 a.m. to 8:15 a.m. to
facilitate the drop-off function. School will end between 3 p.m. and 3:15 p.m., with about a third of
the students expected to leave the campus. The remaining students will remain for after school
care and will exit the site between 3:15 p.m. and 6 p.m.
Building and Site Improvements
Improvements will be primarily limited to interior tenant improvements to modify the building to
accommodate school occupancy. Also part of the tenant improvements is the construction of a
new elevator to comply with ADA requirements. The recreation area component for the school,
currently located at the rear of the building, will be moved inside to minimize potential conflicts
and/or impacts to the students and adjacent businesses. In response to feedback received during
community outreach meetings, the school elected to avoid conflicts with adjacent businesses by
locating their recreational facilities within the building. As a result, a 9,600 square foot multi-
purpose room will accommodate basketball, soccer and other activities normally found at
elementary and middle school sites. Minor exterior improvements will also be made to the building
and site. These include a new disabled path of travel, parking lot repairs and restriping, and a yet
to be determined fair share contribution toward a traffic signal on Fifth Street. Finally, the exterior
of the building will incorporate a new paint scheme and signage.
Parking
A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office area) are
required for the school, while 144 are provided. Currently, the parking demand for the school is 20
spaces, which accommodates the number of teachers and staff on the premises. At full buildout,
approximately 62 staff and teachers will be working on the premises.
The current integrated development site has a set of conditions, covenants and restrictions
(CC&R's) that cover the three parcels and seven buildings that make up the development site. The
initial CC&R's included standard language covering reciprocal access and egress and permitted
shared parking between all parcels. A second amendment to the CC&R's, recorded in 2016 and
rerecorded in 2018, removes the reciprocal parking agreement for the development. As a result,
the Templo Calvario/Vista Heritage buildings are limited to parking in the spaces on their site, with
the adjacent uses having no access to their parking spaces.
Planning Commission Comments
At the Planning Commission meeting, the Commission expressed a concern with the circulation
pattern of school shuttles and vehicles utilizing the pick-up and drop-off functions as well as for
75A-2
ZOA No. 2019-012601-2617 West Fifth Street
May 7, 2019
Page 3
the safety of students. In response to these concerns, staff added language to the SD -82
document requiring a Traffic Plan and a Safety Plan prior to issuance of building permits. The
Commission also asked staff to work with the various property owners to assist on the
establishment of a permit parking program for the properties. Full size plans are available with
the Clerk of the Council.
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).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Minh Thai
Executive Director
Planning and Building Agency
VF:Ia
S:RFCA\2019\03-19-198\ZOA 2019-01 Vista Heritage
Exhibits: 1. City Council Ordinance
2. Planning Commission Staff Report
75A-3
75A-4
EXHIBIT 1
LS 2.11.19
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT
NO. 82 (SD -82) ZONING DISTRICT TO ALLOW SCHOOLS
AS A PERMITTED USE, AMEND THE SANTA ANA
MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS
AND TO ADOPT A SET OF OPERATIONAL STANDARDS
FOR SCHOOLS
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. The City Council, by Ordinance No. NS -2777, adopted October 20, 2008,
rezoned property located at, and adjacent to, 2501 West Fifth Street, more
specifically described in said ordinance, to Specific Development Plan No. 82
(SD -82) for such property.
B. It is now desired to allow schools as a permitted use within the SD -82 zoning
district, define "schools", and adopt operational standards for schools to
minimize any impacts resulting from their presence in the SD -82 district.
C. On February 11, 2019, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2019-01.
D. The City Council, on March 5, 2019, held a duly noticed public hearing on this
ordinance and has considered all testimony presented thereto.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-150.5. — #ZeseweCISchools.
A school
means
any public, charter, or private educational
facility for elementary,
middle, iunior
high,
and high school, serving kindergarten
through twelfth grade
students
including
denominational and sectarian, boarding
schools, and military
75A-5
academies. but does not include Dreschools and child day care uses as defined in
Section 41-42.5.
Section 4. The Specific Development No. 82 (SD -82) zoning document is
hereby amended to read as follows:
TEMPLO CALVARIO ASSEMBLY OF GOD
Specific Development Plan No. 82
Section 1. Applicability of Ordinance
The specific development zoning district for the Templo Calvario Assembly of God
Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa
Ana Municipal Code (SAMC), is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing land use
regulations and standards. All other applicable chapters, articles and sections of
the SAMC shall apply unless expressly stated or superseded by this ordinance.
Section 2. Purpose
The Specific Development Plan No. 82 (SD -82) for Templo Calvario consist of
standards and regulations established for the express purpose of protecting the
health, safety and general welfare of the people of the City of Santa Ana by
promoting and enhancing the value of properties and encouraging orderly
development of the property.
Section 3. Uses Permitted
The following uses are permitted in the SD -82 District:
(a) The compounding, processing, or treatment of raw or previously used
materials into a finished or semi -finished product, excluding those
specified in SAMC section 41-489.5.
(b) The manufacture of products from raw or previously treated
materials, excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or
materials, excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business -to -
business sale of products, supplies and equipment.
75A-6
(f) Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the
property of the owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
Q) Laundry and dry cleaning establishments in conjunction with plant
operation for such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(1) Research laboratories that do not generate hazardous waste materials.
(m) Service stations with no more than two thousand (2,000) square feet of
the gross floor area devoted to non -automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales [twenty-five (25) cubic feet or greater] when such
products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, .photoengraving, screen printing and other reproduction
processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting,
and engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final
product manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an
enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross
square feet and in compliance with section 41-1253 of this Code
including:
(1) Small collection facilities.
3
75A-7
(2) Large collection facilities.
(3) Light processing facilities.
(z) Adult entertainment businesses, subject to compliance with the
requirements of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Schools
2. The following uses are permitted when ancillary to any use permitted by section
3-1 or to any use permitted subject to a conditional use permit:
(a) Administrative office use occupying up to thirty (30) percent of the gross
floor area.
(b) Product sales or service uses occupying up to five (5) percent of the
gross floor area.
(c) Child care facilities occupying up to thirty (30) percent of the gross floor
area; provided, however, that no combination of uses permitted by this
section shall exceed thirty (30) percent of the gross floor area.
(d) The outside storage of Class I and Class II liquids (as defined in the fire
code of the City of Santa Ana) in above -ground fixed storage tanks when
properly screened pursuant to section 41-622 of the Code, as it may be
amended from time to time. As used herein, "tank" means a vessel
containing more than sixty (60) gallons.
(e) Enclosed storage where the goods, materials or supplies stored are the
property of the owner or operator of the building or structure occupying up
to thirty (30) percent.
3. The following uses may be permitted in the SD -82 district subject to the issuance
of a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) percent of the
gross floor area with the remainder of the floor area allocated to office use
only.
(b) Storage of new or used buildings or houses.
(c) Child care facilities other than as permitted by section 41-472.1.
(d) Trade schools which provide instruction which requires the operation of
heavy equipment or machinery normally associated with manufacturing
operations such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other
domesticated household animals.
75A-8
(f) Eating establishments permitted in section 41-472 which operate between
12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a
residential use.
(g) Eating establishments with drive-through window service.
(h) Petroleum and gas storage.
(i) Freight, bus and truck terminal.
Q) Industrial medical clinics which offer medical services by referral only and
do not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying
more than thirty (30) percent of the gross floor area.
(1) Heavy processing recycling uses.
(m) Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating
establishment, subject to development and operational standards set
forth in section 41-199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street
(as defined in the city's circulation element) or freeway or within one
thousand (1,000) feet of a freeway intersection.
(p) Mini -warehouse uses; provided that no conditional use permit shall be
granted unless a. written finding is made that the parcel on which the use
is proposed is not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway, or within one
thousand (1,000) feet of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no
conditional use permit shall be granted unless a written finding is made
that the parcel on which the use is proposed is: not within five hundred
(500) feet of an arterial street (as defined in the city's circulation element)
or freeway, or within one thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the use is
proposed is: not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway, or within one
thousand (1,000) feet of a freeway intersection.
(s) Churches and ancillary church uses.
Section 4. Development Standards
Walls and Screening. Any equipment, whether on the roof, side of building
or ground, shall be screened. The method of screening shall be
75A-9
architecturally integrated with the building in terms of materials, color, shape
and size.
Landscaping Standards. All landscaped areas shall be irrigated using an
automatic irrigation system. The project shall provide landscaping
consistent with the existing landscape theme and existing improvements on-
site. A six-inch raised concrete curb shall be required around all landscape
planters unless approved by City Landscape Associate.
(a) A landscaped area not less than 10 feet wide shall be maintained on the
north (OCTA right-of-way) parking lot on Fairview Street.
(b) All new landscaped planters and landscaped areas shall meet the
commercial landscape planter standards.
(c) Vine pockets shall be provided along the north (OCTA right-of-way) block
wall every 15 feet.
3. Architectural and Design Features.
(a) Exterior Materials: Changes to the exterior materials and finishes
shall be submitted to the Planning Division for review and approval.
The materials and finishes shall be consistent with those found on the
site.
(b) Trash Enclosures: Trash enclosures and similar ancillary structures
are to match the texture, materials and color palette of the proposed
buildings.
(d) Lighting Standards/fixtures: A minimum of one -foot candle of light
shall be provided throughout the parking area. Specifications of light
standards/fixtures and photometrics plan shall be submitted to the
Planning Division for approval.
4. School Operational Standards
a)
A Traffic Plan shall be submitted for review and approval. The Plan
b) A Safety Plan shall be submitted for review and approval. At a
minimum. the Plan hall include provisions for student safety to the
campus, during school operating hours, and safety exiting the
campus.
c) Physical education activities shall be limited to indoors only. No
activities shall be conducted outside the building. A minimum of 10
square feet of physical activity area per student shall be provided.
75A-10
d) Student enrollment for the school shall be capped at a maximum of
960 students.
e)
days prior to the start of school The plan shall include provisions for
parking during special events at the school.
f) The school shall submit an Annual Special Events Program to
Planning Staff and the local association at least 15 days prior to the
start of the school year. The program shall include provisions for
notification of neighbors within SD -82, vehicle circulation, and parking
during special events at the school.
g) Schools are subject to periodic review by the Planning Division to
ensure compliance with the Operational Standards. Failure to comply
with the Operational Standards may result in a review by the Planning
Commission for further action.
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: (/, � 1.
Lisa Storck
Assistant City Attorney
Miguel A. Pulido
Mayor
75A-11
FA
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2019 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date:
Acting Clerk of the Council
City of Santa Ana
75A-12
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
FEBRUARY 11, 2019
TITLE:
PUBLIC HEARING — FILED BY RED HOOK CAPITAL
PARTNERS III, LLC FOR ZONING ORDINANCE
AMENDMENT NO. 2019-01 TO ALLOW SCHOOLS AS
A PERMITTED USE IN THE SPECIFIC DEVELOPMENT
NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH
STREET (STRATEGIC PLAN NOS. 3,2; 3,5; 5, 3)
Prepared by Vince Fregoso
D
Executive Director
EXHIBIT 2
PLANNING COMMISSION SECRETARY
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
DENIED
❑ Applicant's Request
❑ Staff Recommendation
CONTINUED TO
Planning Manager
RECOMMENDED ACTION
It is recommended that the Planning Commission recommends to the City Council adoption of an
ordinance approving Zoning Ordinance Amendment No. 2019-01.
Executive Summary
Hector Pineda from Red Hook Capital Partners III, LLC, representing Vista Heritage Charter
Schools, is requesting approval of a zoning ordinance amendment to amend the permitted uses
and Operational Standards sections of the Specific Development No. 82 (SD -82) zoning district to
specify "schools" as a permitted use in conjunction with operational standards. The purpose of the —
Zoning Ordinance Amendment (ZOA) request is to permit the expansion of an existing school at
2601-2617 West Fifth Street. Based on the analysis of the proposal, staff is recommending
approval of the request to allow the proposed development project.
Table 1: Prosect and Location Information
Item
Information
Project Addresses
2501-2617 West Fifth Street
Nearest Intersection
Fifth Street and Fairview Street
General Plan Designation
Industrial (IND)
Zoning Designation
Specific Development No. 82 SD-82rTem to Calvario
Surrounding Land Uses
(Exhibit 2)
North P.E. ROW, Industrial and Single -Family
Residential
East Industrial
South Industrial
West Industrial and Spurgeon Intermediate School
Property Size
The site is an integrated development site that consist of three
separate parcels and approximately 7.8 -acres
75A-13
ZOA No. 2019-01
February 11, 2019
Page 2
Item
Information
Existing Site Development
Seven separate one and two-story buildings of approximately
195,000 square feet of floor area with 303 parking spaces.
Existing Uses
Auto related uses (auto repair and tire facilities) are located on the
north side of the site; Tempio Calvario Church and administrative
offices are at the eastern end of the site; and, small light industrial
uses are found at the west end of the site.
Use Permissions
Amendment to allow a school as a permitted use in SD -82 and
subject tooperational standards.
Zoning Code Sections Affected
Uses
SD -82
Operational
SD -82
Standards
Prosect Description
Vista Heritage Charter School is proposing to expand their current 6-8t' grade operation to include
Kindergarten through 5t' grades. To accomplish this, Vista Heritage is proposing to expand upon
their 18,368 square foot facility by leasing an additional 48,000 square feet of floor area adjacent to
their existing campus. The additional square footage will include space for 27 classrooms, multi-
purpose rooms, a cafeteria and restrooms. If approved, Vista Heritage will encompass
approximately 66,000 square feet of area for 38 classrooms, a multi-purpose room, two cafeterias,
office areas and conference rooms. The enlarged campus will be able to accommodate 870 total
students, including 420 elementary age students and 450 middle school students. The Increase in
grades and students is expected to occur gradually, with the buildup anticipated to take up to five
years to reach maximum capacity.
Currently, Vista Heritage operates within a two-story, 18,368 square foot space. The school has
11 classrooms, office areas, a cafeteria, a teachers lounge and restrooms. A total of 270 students
currently attend the school, although the school is licensed for up to 420 students. The school will
operate Monday through Friday from 7 a.m. to 6 p.m. The school currently operates from 8 a.m. to
3 p.m, but will shift_ their starting hours to between_ 7:30 a.m. to 8:15 a.m. to facilitate the drop-off
function. School will end between 3 p.m. and 3:15 p.m., with about a third of the students
expected to leave the campus. The remaining students will remain for after school care and will
exit the site between 3:15 p.m. and 6 p.m.
Improvements will be primarily limited to interior tenant improvements to modify the building to
accommodate school occupancy. Currently, Vista Heritage occupies the central bay of a three -bay
industrial building at 2609 West Fifth Street (identified as Bay 2 on the plans). At ultimate buildout,
this space will contain 11 classrooms, conference space and a cafeteria on the first floor and staff
areas on the second floor. The space at 2617 West Fifth Street (Bay 1), which consists of 16,077
square feet of first floor area, will have a multi-purpose room, a conference room and one
classroom. Finally, 2601 West Fifth Street (Bay 3) will contain 11 classrooms and a cafeteria on
the first floor and 15 classrooms on the second floor area. An elevator will also be provided within
this bay to comply with ADA requirements. Minor exterior improvements will also be made to the
building and site. These include a new disabled path of travel, parking lot repairs and restriping,
75A-14
ZOA No. 2019-01
February 11, 2019
Page 3
and a to be determined fair share contribution toward a traffic signal on Fifth Street. The exterior of
the school will incorporate a new paint scheme and signage.
A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office ansa) are
required for the school, while 144 are provided. Currently, the parking demand for the school is 20
spaces, which accommodates the number of teachers and staff on the premises. At full buildout,
approximately 62 staff and teachers will be working on the premises, which is less than the 67
required by the Zoning Code.
The current integrated development site has a set of conditions, covenants and restrictions
(CC&R's) that cover the three parcels and seven buildings that make up the development site.
The initial CC&R's included standard language covering reciprocal access, egress and parking
between all parcels. A second amendment to the CC&R's, recorded in 2016 and rerecorded in
2018, removes the reciprocal parking agreement for the development. As a result, the Templo
CalvarioNista Heritage buildings are limited to the 144 parking spaces on their site, with the
adjacent uses having no access to their parking spaces.
The recreation area component for the school, which currently is located at the rear of the building,
Will be moved to the inside of the building to minimize impacts to the students and adjacent
businesses. Outdoor recreation area is not required for a charter school; however, in response to
feedback received during community outreach meetings, the school elected to avoid conflicts with
adjacent tenants and provide their recreational area within the building. A 9,600 square foot multi-
purpose room is proposed to accommodate basketball, soccer and other activities normally found
at elementary and middle school sites.
As proposed, the site will comply with the development standards found In the SD -82 zoning
document, with the exception of landscaping. Prior to issuance of a certificate of occupancy for the
school, all landscaping will need to be provided per the SD -82 document. In addition, staff is
incorporating several operational standards that are intended to minimize conflicts between the
school and adjacent uses. Table 2 on the following page provides a detailed analysis of the
-- —projects compliance with -the applicable development standards. - -
Table 2: Development Standards
Standard
Required by SAMC
Provided
Permitted Uses
Churches, child care and
Proposed code amendment would
trade schools allowed with a
allow schools as a permitted use
conditional use permit.
subject to compliance with operational
standards.
Walls and Screening
Roof equipment shall be
New roof mounted mechanical
screened
equipment shall comply with Code
Landscaping
10 foot landscape area is
Does not comply. Landscaping to be
required along north property
installed.
line
Trash Enclosures
Design to match building
Will comply
Lighting
Minimum of one foot-candle
I Will comply
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ZOA No. 2019-01
February 11, 2019
Page 4
Standard
Re wired by SAMC
Provided
throughout parking area
Parking
67 spaces for classroom and
office uses
144. Exceeds and complies
Prosect Background
2008, the City Council approved several entitlements for the business park located at the
northeast comer of Fifth and Fairview Streets. One of the entitlements, Amendment Application
No. 2008-06, was approved to change the zoning of the subject site from Light Industrial (M-1) to
Specific Development No. 82 (SD -82). The request was initiated by the Templo Calvario
Assembly of God Church, which was proposing to expand their worship facilities by constructing
a larger sanctuary at 2501 West Fifth Street. The Templo Calvario Assembly of God Church has
had a presence in Santa Ana since 1926 and operated in various locations throughout the City
until July 1985, when it relocated to its current location.
A school use has been at 2609 West Fifth Street since the 1990's when Templo Calvario
operated a preschool through Kindergarten school on the premises. In 2003, the site was home
to the Edward B. Cole Senior Academy until it moved to a different Santa Ana location in 2010.
From 2011 until 2015, Templo Calvario again operated a school at this location. In 2015, Vista
Heritage began operating at the site and, with the zoning ordinance amendment, is seeking to
expand their operations into two adjacent suites. As a school use has legally occupied the
premises for approximately 25 years, It is considered to be a legal nonconforming use.
Therefore, the Intent of the ZOA is to make the school use conforming and allow the proposed
expansion of the facility.
Prosect Analysis
Red Hook Capital Partners III, LLC, on behalf of Vista Heritage Charter School, is requesting
approval of a zoning ordinance amendment to allow the Vista Heritage Charter School to expand
-- --into two adjacent suites. Specifically, Vista Heritage is proposing to expand their existing 6w-8''
grade school into a Kindergarten -8t' grade campus. The following sections of this report
provides analysis for the proposed action item and the basis for staffs recommendation of
approval for the project.
Zoning Ordinance Amendment
The subject parcel is located within the Specific Development No. 82 (SD -82) zoning district. This
unique zoning designation allows a specific set of uses such as industrial, manufacturing,
wholesale, limited commercial and church uses. This designation also allows certain industrial
uses and churches as a conditionally permitted uses. This zoning designation was originally
adopted in October 2008 at the request of Templo Calvario.
The purpose and intent of an SD designation is to address unique circumstances that are
applicable to parcels but are not permitted by the Zoning Code. An example is the adoption of
75A-16
ZOA No. 2019-01
February 11, 2019
Page 5
an SD to allow a mixed-use development that is not permitted by the City's existing residential or
commercial zoning districts. For this specific proposal, the applicant is proposing to amend the
SD -82 document to allow schools. In response to this application, staff is proposing that SD -82
be revised per Table 3 on the following page:
Table 3: Permitted Uses and Operational Standards for SD -82
REQUIREMENT
ISSUE AND PROPOSED AMENDMENT
PERMITTED USE:
Issue:
Currently, schools, affiliated with churches, are permitted in SD -82 as an
Allow Schools as a
ancillary use as an ancillary use to a church. Schools not affiliated with a
Permitted Use In SD -82
church are not specified as a permitted use.
Proposed Amendment:
As proposed, schools will be allowed by -right, no CUP is required, but schools
must comply with specific development and operational standards.
STANDARDS:
Issue:
School traffic may conflict with local traffic patterns and adjacent uses. In
Circulation and Parking
primarily industrial districts, like SD -82, the impacts could be particularly
Management Plan
severe.
Proposed Amendment:
The school shall prepare a Circulation and Parking Management Plan subject
to review and approval by the Planning Manager or her designee. The Plan
shall address parking, onsite circulation and drop off and pick up. The Plan
shall identify how the school shuttles {currently 3 daily) will pick-up and drop-
off students within the front parking lot. The Plan Shall also Identify how the
shuttles will operate at maximum capacity (approximately 10 shuttles). The
Plan shall be designed to accommodate the projected school population and
to ensure that there is no vehicle queuing off-site or conflicts with the adjacent
industrial buildings to the north and west of the site. A traffic analysis may be
—
required to demonstrate compliance. -
Annual Special Events
Issue:
Program.
Schools typically hold a number of special events in the evening throughout
the year. These events may create short-term, localized parking or noise
impacts that could affect neighboring businesses. These impacts can be
mitigated If the neighbors are informed prior to the event.
Proposed Amendment.
The school shall submit an Annual Special Events Program to Planning Staff
and the local association at least 15 days prior to the start of school. The
program shall include provisions for nottflcation of neighbors within SD -82,
vehicle circulation, and parking during special events at the school.
75A-17
ZOA No. 2019-01
February 11, 2019
Page 6
REQUIREMENT
ISSUE AND PROPOSED AMENDMENT
Physical Education
Issue:
ActivityArea Standards
Noise resulting from physical education or after-school sports activities can
Exempt or Analysis
impact adjacent residents or tenants.
Proposed Amendment:
Physical education activity areas shall be designed so that their use does not
disturb the commercial or industrial uses during regular business hours and
residential uses between the hours of 8 p.m. and 7 a.m. As proposed, the
physical education activities will be relocated to the inside of the building.
Maximum Student
Issue:
Enrollment
Number of students can dictate the level of impact on adjacent uses. More
Development, Objective No. 2 create new opportunities for businessl'ob growth
students mean more cars or buses picking up or dropping off students, more
children on the playground and more noise
Proposed Amendment:
Student enrollment for the school shall not exceed the Calffomia State Public
School maximum class size per teacher. In addition, no elementary school or
middle school shall have a student population of more than 1,000 students.
High schools are not permitted on the premises
Industrial Use
Issue:
Preservation
Santa Ana is one of the few Orange County communities to still contain
substantial industrial properties. The City's General Plan includes policies
that encourage land use decisions that support the preservation of existing
Industrial uses. Although a single school will not destroy an Industrial district,
a number of schools concentrated in an industrial area could reduce the
viability of the area for industrial and manufacturing uses.
Proposed Amendment.
Only one public school shall be permitted on the site.
Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach
CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach
CEQA
CEQA Type
Exempt per Section 15061 (b)(3)
Reason(s)
In accordance with the California Environmental Quality Act (CEQA) the
Exempt or Analysis
recommended action is exempt from CEQA per Section 15061(b) (3). This
exemption applies to projects covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment,
therefore, the activity is not subject to CEQA.
Strategic Plan Alignment
Goal(s) and
Approval of this item supports the City's efforts to meet Goal No. 3 - Economic
Poll c s
Development, Objective No. 2 create new opportunities for businessl'ob growth
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ZOA No. 2019-01
February 11, 2019
Page 7
CEQA, Strata is Plan Alignment, and Public Notification & Community Outreach
and encourage private development through new General Plan and Zoning
Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement &
Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support
efforts to preserve and improve the livability of Santa Ana neighborhoods).
Public Notification & Community Outreach.
Required Measures
On March 21, 2018, the applicant held a community meeting in accordance with
the provisions of the City's Sunshine Ordinance at the Vista Heritage Charter
School Cafeteria. A total of 13 members of the community attended, with
issues such as parking, traffic, the drop-off and pick-up functions and project
timing were raised. Planning Division staff also attended the meeting. The
applicant provided a draft notice, affidavit, copy of publication, and meeting
notes to Planning Division staff in the days following the meeting.
A public notice was posted on the project site on February 1, 2019.
Notification by mail was mailed to all property owners and occupants within 500
feet of the project site on February 1, 2019.
Newspaper posting was published in the Orange County Reporter on February
1, 2019.
Additional
The project site is located within the boundaries of the Artesia Pilar
Measures
Neighborhood Association. Staff has notified the association President of the
project by mail a minimum of 10 days prior to the public hearing to ensure they
were notified of the meeting and to identify If there were any areas of concern.
The project site itself was posted with a notice advertising this public hearing, a
notice was published in the Orange County Reporter and mailed notices were
sent to all property owners and occupants within 500 feet of the project site. At
the time of this printing,, no correspondence, either written or electronic, had
been received from any members of the public.
Fiscal Analysis
The project is anticipated to create a positive short term impact through the creation of
– – —construction employment for the needed tenant improvements. Minimal -long term impacts -are
expected from the increase in employee at the facility purchasing goods from adjacent
commercial and restaurant establishments. There will be no Impact to the property tax values
since both the property owner (Templo Calvario) and the school have property tax exemptions.
Conclusion
Based on the analysis provided in this report, staff recommends that the Planning Commission
recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment
No. 2019-01.
75A-19
ZOA No. 2019-01
February 11, 2019
Page 8
Vince Fri
Principal
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NVeputtSIMA19-01 Vista ttedl8ge021119.pc
Exhibits 1. Proposed Ordinance
2. Vicinity Map
75A-20
LS 2.11.19
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT
NO. 82 (SD -82) ZONING DISTRICT TO ALLOW SCHOOLS
AS A PERMITTED USE, AMEND THE SANTA ANA
MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS
AND TO ADOPT A SET OF OPERATIONAL STANDARDS
FOR SCHOOLS
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. The City Council, by Ordinance No. NS -2777, adopted October 20, 2008,
rezoned property located at, and adjacent to, 2501 West Fifth Street, more
specifically described in said ordinance, to Specific Development Plan No. 82
(SD -82) for such property.
B. It is now desired to allow schools as a permitted use within the SD -82 zoning
district, define "schools", and adopt operational standards for schools to
minimize any impacts resulting from their presence in the SD -82 district.
C. On February 11, 2019, the Planning
hearing and voted to recommend
Ordinance Amendment No. 2019-01.
Commission held a duly noticed public
that the City Council adopt Zoning
D. The City Council, on March 5, 2019, held a duly noticed public hearing on this
ordinance and has considered all testimony presented thereto.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-150.5. — ReseFved Schools.
A school means any public, charter, or private educational facility for elementary.
75A-21
academies, but does not include Dreschools and child day care uses as defined in
Section 41-42.5.
Section 4. The Specific Development No. 82 (SD -82) zoning document is
hereby amended to read as follows:
TEMPLO CALVARIO ASSEMBLY OF GOD
Specific Development Plan No. 82
Section 1. Applicability of Ordinance
The specific development zoning district for the Templo Calvario Assembly of God
Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa
Ana Municipal Code (SAMC), is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing land use
regulations and standards. All other applicable chapters, articles and sections of
the SAMC shall apply unless expressly stated or superseded by this ordinance.
Section 2. Purpose
The Specific Development Plan No. 82 (SD -82) for Templo Calvario consist of
standards and regulations established for the express purpose of protecting the
health, safety and general welfare of the people of the City of Santa Ana by
promoting and enhancing the value of properties and encouraging orderly
development of the property.
Section 3. Uses Permitted
The following uses are permitted in the SD -82 District:
(a) The compounding, processing, or treatment of raw or previously used
materials into a finished or semi -finished product, excluding those
- specified in SAMC section 41-489.5.
(b) The manufacture of products from raw or previously treated
materials, excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or
materials, excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business -to -
business sale of products, supplies and equipment.
75A-22
(f) Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the
property of the owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
Q) Laundry and dry cleaning establishments in conjunction with plant
operation for such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(1) Research laboratories that do not generate hazardous waste materials.
i
(m) Service stations with no more than two thousand (2,000) square feet of j
the gross floor area devoted to non -automotive related product sales.
I
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales [twenty-five (25) cubic feet or greater] when such
products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and .other, reproduction
processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting,
and engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final
product manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an
enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross
square feet and in compliance with section 41-1253 of this Code
Including:
(1) Small collection facilities.
3
75A-23
(2) Large collection facilities.
(3) Light processing facilities.
(z) Adult entertainment businesses, subject to compliance with the
requirements of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Schools
2. The following uses are permitted when ancillary to any use permitted by section
3-1 or to any use permitted subject to a conditional use permit:
(a) Administrative office use occupying up to thirty (30) percent of the gross
floor area.
(b) Product sales or service uses occupying up to five (5) percent of the
gross floor area.
(c) Child care facilities occupying up to thirty (30) percent of the gross floor
area; provided, however, that no combination of uses permitted by this
section shall exceed thirty (30) percent of the gross floor area.
(d) The outside storage of Class I and Class II liquids (as defined in the fire
code of the City of Santa Ana) in above -ground fixed storage tanks when
properly screened pursuant to section 41-622 of the Code, as it may be
amended from time to time. As used herein, "tank" means a vessel
containing more than sixty (60) gallons.
(e) Enclosed storage where the goods, materials or supplies stored are the
property of the owner or operator of the building or structure occupying up
to thirty (30) percent.
3. The following uses may be permitted in the SD -82 district subject to the issuance
of a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) percent of the
gross floor area with the remainder of the floor area allocated to office use
only.
(b) Storage of new or used buildings or houses.
(c) Child care facilities other than as permitted by section 41-472.1.
(d) Trade schools which provide instruction which requires the operation of
heavy equipment or machinery normally associated with manufacturing
operations such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other
domesticated household animals.
4
75A-24
M Eating establishments permitted in section 41-472 which operate between
12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a
residential use.
(g) Eating establishments with drive-through window service.
(h) Petroleum and gas storage.
(i) Freight, bus and truck terminal.
(j) Industrial medical clinics which offer medical services by referral only and
do not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying
more than thirty (30) percent of the gross floor area.
(1) Heavy processing recycling uses.
(m) Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating
establishment, subject to development and operational standards set
forth In section 41-199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street
(as defined in the city's circulation element) or freeway or within one
thousand (1,000) feet of a freeway intersection.
(p) Mini -warehouse uses; provided that no conditional use permit shall be
granted unless a written finding is made that the parcel on which the use
is proposed is not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway, or within one
thousand (1,000) feet of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no
-- conditional use permit shall -be granted unless a written -Wing is -made
that the parcel on which the use is proposed is: not within five hundred
(500) feet of an arterial street (as defined in the city's circulation element)
or freeway, or within one thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the use is
proposed is: not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway, or within one
thousand (1,000) feet of a freeway intersection.
(s) Churches and ancillary church uses.
Section 4. Development Standards
1. Walls and Screening. Any equipment, whether on the roof, side of building
or ground, shall be screened. The method of screening shall be
75A-25
architecturally integrated with the building in terms of materials, color, shape
and size.
2. Landscaping Standards. All landscaped areas shall be irrigated using an
automatic irrigation system. The project shall provide landscaping
consistent with the existing landscape theme and existing improvements on-
site. A six-inch raised concrete curb shall be required around all landscape
planters unless approved by City Landscape Associate.
(a) A landscaped area not less than 10 feet wide shall be maintained on the
north (OCTA right-of-way) parking lot on Fairview Street.
(b) All new landscaped planters and landscaped areas shall meet the
commercial landscape planter standards.
(c) Vine pockets shall be provided along the north (OCTA right-of-way) block
wall every 15 feet.
3. Architectural and Design Features.
(a) Exterior Materials: Changes to the exterior materials and finishes
shall be submitted to the Planning Division for review and approval.
The materials and finishes shall be consistent with those found on the
site.
(b) Trash Enclosures: Trash enclosures and similar ancillary structures
are to match the texture, materials and color palette of the proposed
buildings.
(d) Lighting Standards/fixtures: A minimum of one -foot candle of light
shall be provided throughout the parking area. Specifications of light
standards/fixtures and photometrics plan shall be submitted to the
Planning Division for approval.
4. School Operational Standards
a)
b)
C)
campus, during school operating hours, and safety exiting the
campus.
75A-26
d) Student enrollment for the school shall be capped at a maximum of
960 students.
e) A parking management plan shall be submitted to the Planning
days prior to the start of school. The plan shall include provisions for
parking during special events at the school.
f) The school shall submit an Annual Special Events Program to
Planning Staff and the local association at least 15 days prior to the
during special events at the school.
g) Schools are subiect to periodic review by the Planning Division to
Commission for further action.
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
Miguel A. Pulido
Mayor
75A-27
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2019 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana. j
Date:
Acting Clerk of the Council
City of Santa Ana
75A-28
13
Zoning Ordinance Amendment No. 2019-01
2501-2609 West Fifth Street
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Offia: 11308079
Exhibit 2 - Vicinity Zoning and Aerial View
Zoning Classification 500ft Buffer
y M1 -Light Industrial O SITE
0 - Open Space
R1 - Single -Family Residence 0 125 250 500
- R2 - Two -Family Residence
SD82 - Specifiygelyp=0ptg2 Feet
75A-30