The URL can be used to link to this page

Home My WebLink AboutCORRESPONDENCE - 75DSalas, Diana From: Sent: To: Subject: Attachments: Dear Santa Ana City Council Barry Einck <esigndesign@yahoo.com> Monday, December 16, 2019 3:20 PM eComment City Council meeting. Vista heritage petition imagel jpeg; ATT00001.txt, image2 jpeg; ATT00002.txt Please see the attached petition/opposition to the proposed zoning change of SD — 82. Vista Heritage charter school. Please be aware that all of the owners within the SD-82 besides Templo Calvario and Redhook completely oppose of this project. Thanks you, Barry Einck City Council Meeting 12/17/2019 Vista Heritage Petition Petition/Opposition to zoning ordinance amendment number 2019-01 which is intended to amend the zoning of SD — 82 to allow schools to operate within the SD — 82 zoning district located at 2601-2617 W. 5th St also known as Civic Center Business Park Civic Center Business Park is comprised of 12 small business owners along with Templo Calvario Church and Red Hook Vista LLC. The following business park owners are in opposition of the zoning amendment proposed to allow schools to operate within the business park. Reasons for opposing the zoning change: 1. Children's Safety Is it appropriate to place some of the most vulnerable people (children) in our society in such a precarious situation day after day? We are still dumbfounded how the City of Santa Ana could find these conditions acceptable and approve the mixed use originally. Current elementary schools in Santa Ana and Orange County are primarily self contained properties with the following safety features: 1. Secured/fenced playgrounds 2. Completely secured/fenced campuses 3. Driveways and drop-off points that have no reciprocal usage by large delivery trucks, semi -trucks, tow trucks and forklifts. 4. Not located within a Commercial/Industrial park. 2. Property Insurance Due to the mixed use that was created when the zoning change from M1 to SD82, it has been very difficult and expensive for the Civic Center Business Park Association to secure insurance. We have been denied by 12 insurance companies and currently only have one carrier (as of December 1, 2019) to underwrite our mixed -use community. Our policy cost has also substantially increase. 3. Property Values Ltw ifs — - This property was originally designed as a homogeneous industrial complex within the City of Santa Ana. When the zoning was changed to accommodate a church, and then allowing a preschool and now school, it turns this property into a mixed -use property of the most complex dynamics which decreases property values. All of these small business owners purchased their units expecting the business park to remain for commercial purposes only. Property values are affected due to the complex dynamics, lack of parking, and increase operating expenses and perceived value. The City's decision to mix use these lots have placed undue burdens on the existing owners and has increased the cost of doing business. The school has already demonstrated very little concern for these dangers. They have been conducting PE classes in the parking lot as well as creating a makeshift running track around the complex all of which are in violation of the business park rules and CC&R's. For the above stated reasons I object to the proposed zoning amendment to allow schools in the Civic Center Business park: VIM iT_1 I_rererM Sianature --M {f Nt 9K /J r e 7 ti Iz t� olA r 5 Sk- M4 5_23 nr A e r n 51/pi Pa v d e. v any91 Al eq wu/cc J o 17S 3 ! M -531 V1 itv�t�l u�5 3 N P,4('� ��S Q O�r) on 5t a 0 07C � ra 6 SpNtA `IN4 � {v - z�Q`N cF.a ��sCN00��`S� December 16, 2019 VIA EMAIL AND HAND DELIVERY Kristine Ridge City Manager, City of Santa Ana 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Alan Rasmussen, Ed.D. Richard Tauer Interim Co -Superintendents of Schools RE: Zoning Ordinance Amendment No. 2019-01/Traffic Impact Report Transmittal Dear Ms. Ridge, Please accept this letter on behalf of the Santa Ana Unified School District ("District") for the potential approval of "Zoning Ordinance Amendment No. 2019-01 To Amend Chapter 41 (Zoning) To Add A Definition For "Schools" And To Allow Schools As A Permitted Use In The Specific Development No. 82 Zoning District At 2601-2617 West Fifth Street", which is set to be approved at the December 17, 2019 City Council meeting. Due to the City of Santa Ana's ("City") City Council Meeting being held on December 17, 2019, District staff is unable to attend since the District's Board Meeting is the same night. Therefore, we submit this letter to continue to strongly object to the approval of Zoning Ordinance Amendment No. 2019-01 ("Amendment") that would allow schools as a permitted use in the Specific Development No. 82 Zoning District ("SD-82"), that would ultimately permit by right the school expansion of Vista Heritage Charter School ("Project"), without environmental review under the California Environmental Quality Act ("CEQA"). Below are our continued objections to this Project: L City Is Evading CEQA Reviely. The City is attempting to separate the Amendment and the expansion of Vista Heritage Charter School ("Vista") into two separate projects because if the Amendment is approved, Vista will be "permitted by right" to expand its school operations fiont 18,368 square feet to 66,000 square feet, an almost 3- fold increase, without undergoing CEQA review. This constitutes piecernealing and denies decisionmakers and the public the opportunity to understand and consider the full environmental consequences of the Project. The City's Zoning Code ("Zoning Code) currently permits school sites in the SD-82 zone with the approval of a Conditional Use Permit ("CUP"). A CUP is a discretionary 1601 East Chestnut Avenue, Santa Ana, CA 92701.6322 (714)558-5501 BOARD OF EDUCATION Valerie Amezcua,President • Rigo Rodriguez, PhD, Vice President Alfonso Alvarez, EdD, Clerk • John Palado, Member approval and requires CEQA review. Thus, with the current Zoning Code, Vista would need to undergo CEQA review to expand its school operations, However, Vista applied for the Amendment to the City's Zoning Code to add "sohools" as a permitted use in the SD-82 zone to permit Vista's expansion by right, Because the City views the Amendment and expanslon as two separato projects, it wrongly assumes that no CFQA review is required. Thus, the City and Vista appear to be sneaking in a circumvention of necessary CEQA review by approving Buis Project. This is evident considering the City could have amended the Zoning Code to continue to require a CUP, which is required by childcare centers in the SD-82 zone, Moreover, the Amendment to the Zoning Code is a discretionary action that will create significant onvironrnental impacts as discussed below, 2. The.Pr o)ect1& NotExempt from C9QA, The City Council Stalf Report states that the City has determined that the Project Is exempt from CEQA and, therefore, no environmental review is necessary, That Is untuo. The City incorrectly assumes that amending the Zoning Code to allow a permitted use at the Project's property will not create all environmental impact, but the City has not evaluated any of the potential environmental impacts that will result from the expansion of the charter school, C13QA Guidelines section 15378 defines a "project" as the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Again, the Amendment to the Zoning Code and the expansion are the whole of the action, or the "Project," under CFQX Thus, the City cannot improperly piecemeal the Project. By approving the Project, there will be a direct physical change because school expansion will involve construction, additional students, increased traffic, noise impacts, etc. Thus, to City has a duty to study and mitigate the potential signifroant environmental impacts of the Project, pdol� to approving the Project. 3, The Project Will Cause Signlfieant.ttnvitwotrtentatlmpoe4,i4 There will be traffic, circulation, and safety impacts fiom the Project. This is, proven 'by the Trafflo Impact Report that the District was forced to have prepared by MI that unequivocally identifies traffic, circulation, and safety impacts that will result ttom the Pro] eot. The District provided that report to the City on October 25, 2019, but the City ignored the Traffic hnpact Report. Incredibly, the City did not have its own Traffic Impact Report prepared for this Project. Site Distances. More importantly, and as detailed in IBi's Traffic impact Report, from a safety and circulation standpoint, there are inadequate site distances for vehicles exiting the Project via the 51' Street driveways and Fairview Street. Per the Traffic Impact Report, the Highway Design Manual C%4anual") sets forth the rnitrimum sight distance necessary for vehicles exiting driveways. (Traif"ic impact Report, p, 34.) As such, "the [MJanual states that there needs to be areas with clear sight lines (i.e. areas to be free of any obstructions) so that vehicles can enter the traffic stream. safely." (Id.) Table 201.1 of the Manual states that for streets with a 35-mph speed limit (i.e. Fairview Street and Sth Street), a minimum of 250 feet is required fnr any vehicle travelling on either street to stop in time for vehicles exiting the project driveways. (Id.) The analysis indicates that to obtain the 250 -feet required, an area approximately 10 foot back of the cutir for a distance of 120 feet from the driveway be relatively ftee of obstructions (walls, landscaping, on -street parking) is recommended. (Id.) As shown in Figure 9 of the Traffic Impact Report, Oho Project's current sight distance is not adequate and therefore signi'llcant safety impacts are anticipated at the following locations; • Westbound vehicles on 5th Street approachingthe Vista Charter Schools Driveway (luterseotion 9) o On Street parking and tree overhang on the north side of Sth Street blocks necessary sight line o Eastbound vehicles on 5th Street approaching the intersection with Sullivan (Intersection 5) o On -Street parking and tree overhang on the north side of 5th Street blocks necessary sight line • Westbound vehicles on 5th Street approaching the intersection with Sullivan (Intersection 5) o On -Street parking and tree overhang on the north side of 5th Street blocks necessary sight line • Northbound vehicles oft Fairview Street approaching the Vista Heritage Schools Driveway (Intersection 10) o Tree overhang on the east side of Fairview Street potentially blocks necessary sight line. (Ia.) Queuing. Onsite queuing would lead to additional impacts to accessibility to onsito parking stalls and internal circulation between adjacent businesses within the site. These very significant impacts: in the industrial zone where heavy duty vehicles, equipment, and machinery operate would very well create a death trap for students. Parking. There are anticipated parking issues at the site because the Templo Calvario Church, located at 2501 5111 Street, has expanded. As part of that chureWs approval on October 8, 2008, the church promised to contract with the District for additional parking spaces, but did not follow througit with its connnihnent Given the above objections, which the District has eonveyod numerous times to the City, the District requests that the City conduct the required CFQA review by either a mitigated negative declaration or environmental impact report, as appropriate. Until the City has frilly complied with that process, the City must not approve the Project. If the City fails to conduct adequate CEQA review, the District hereby reservesall rights and legal remedies, whether implied or express, in the taw, to oppose this Project. Alan Rasmussen, Ed.D. Interim Superintendent of Schools CC: Oibach Huff Suarez + Henderson MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sanoiento Jose Solodo CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92T02 wvvw.santa-ana.orn NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, rnake comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREEV GOVE 1 - The City Council will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final. Project Locatlom- 2601-2617 West Fifth Street Project AIpplllealmto City of Santa Ana Proposed ProAect/Aclion: The City Council will consider Zoning Ordinance Amendment No. 2019-01 to amend the zoning district known as Specific Development No. 82 (SD-82) to allow schools to operate within the SD-82 zoning district. This action will allow the Vista Heritage Charter School to operate at 2609 West Fifth Street. Environmental Impact- Pursuant to the California Environmental Quality Act (CEQA), the project is exempt per Section 15061(b)(3) of the CEQA guidelines. — SF E p-t 7pc�,p Meefing Time and Date —This matter will be heard on Tuesday, December 17, 2019 at 5:45 p.m. or thereafter, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All persons interested in this matter are notified to appear at this time. Howy To Flake Comments - If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecommentsna Santa-ana.org (reference "City Council meeting") by 12:00 p.m. on Monday, the day before the meeting; a -mails received after said time will be on file for public viewing the day after the meeting. SANTA ANA CITY COUNCIL lApal A. Pulido Juan Vilegae Vaenta aanrventa 0-dvid Penal.. Joaa salana vacant Cea lia Igle as Maya, Alayor Pm Tarn, Ward 5 Ward Ward Ward! 3 Were Waned 1 a. 1 Ill^ a7 1- Vsanianlo(Mea'lla al.a are lsolondZsania-dniarn tla e5laS:$$an 33nd IN'.1 § 15061(b)(3) The activity is covered by the common sense exemption that CEQA applies only to projects which 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, the activity is not subject to CEQA. 0 SpNT° q"qn Santa Ana UnIl a School District ? Facilities & Gavernmental Relations Alan Rasmussen, Ed.D. F�sC1100��5 Orin L. Williams, Assistant Superintendent Richard Tatter Interim Co -Superintendents of Schools October 25, 2019 VIA E-MAIL AND U.S. MAIL Kristine Ridge City Manager, City of Santa Ana 20 Civic Center Plaza P.D. Box 1988, M31 Santa Ana, CA 92701 Re: Zoning Ordinance Amendment No. 2019-01/Traffic Impact Report Transmittal Dear Ms. Ridge, am writing on behalf of the Santa Ana Unified School District (SAUSD) to inform you of our continued interest in Zoning Ordinance Amendment No. 2019-01("Amendment"), which would allow schools as a permitted use in the Specific Development No. 82 Zoning District. As you may recall, the Amendment was most recently an agenda item at the May 7, 2019, City Council meeting. At that meeting, representatives from SAUSD addressed the City Council during the public hearing to express the District's opposition to approval of an amendment that would allow by right a significant school expansion (the Vista Heritage Charter School expansion) without first conducting proper environmental analysis to address expansion impacts, such as traffic, circulation and safety impacts. Since that Meeting, SAUSD staff commissioned the IBI Group to prepare a traffic impact report to determine the traffic, circulation and safety impacts associated with the proposed Vista Heritage Charter School expansion and its impact on SAUSD's nearby Romero -Cruz Academy. The Vista Heritage Charter Schools Traffic lmpactAnalysts Report ("Report") Is enclosed for your review. As you will find in the Report, the school expansion would trigger significant impacts at study area intersections. The proposed expansion would also trigger both project -level and cumulative level vehicle miles traveled (VMT) impacts per the City of Santa Ana Draft CEQA Assessment—VMT Guidelines. From a safety and circulation standpoint, there is inadequate site distances for vehicles exiting the project site via the S' Street driveways or Fairview Street, and on -site queuing would lead to additional impacts to accessibility to on -site parking stalls and internal circulation between adjacent businesses within the site. Given these significant impacts, SAUSD staff is asking that the City conduct environmental analysis of the expansion project through the California Environmental Quality Act process before reconsidering the Amendment in the future. Additionally, SAUSD staff is requesting to receive public notification of all 1601 East Chestnut Avenue, Santa Ana, CA 92701-6322 (714) 558-5501 BOARD OF EDUCATION Valerie Amezcua, President • Rigo Rodriguez, Ph.D., Vice President Alfonso Alvarez, Ed.D., Clerk • John Palacio, Member -a"TA AH, Santa Dina Uniffied School Distnoct v Facilities & Governmental Relations Alan Rasmussen, Ed.D. '��sCN00V� Orin L. Williams, Assistant Superintendent Richard Tauer Interim Co -Superintendents of Schools future City Council or Commission meetings where this Amendment and/or the Vista Heritage Charter School expansion project is on the agenda. Please address these notices to Jeremy Cogan, Director of Facilities Planning, Santa Ana Unified School District, 1601 East Chestnut Avenue, Santa Ana, CA 92701- 6322. We greatly appreciate the City's consideration of our common goal to provide safe learning environments for students while mitigating negative environmental impacts to the surrounding area. Sincer , Orin Williams Assistant Superintendent, Facilities and Governmental Relations Enclosure: Vista Heritage Charter Schools Traffic Impact Analysis Report (By electronic transmittal only) cc: (By electronic transmittal only) Mayor Miguel Pulido, City of Santa Ana Mayor Pro Tem Juan Villegas, City of Santa Ana Councilmember Vicente Sarmiento, City of Santa Ana Councilmember David Penaloza, City of Santa Ana Councilmember Jose Solorio, City of Santa Ana Councilmember Cecilia Iglesias, City of Santa Ana Minh Thai, Executive Director, City of Santa Ana Planning and Building Agency President Valerie Amezcua, SAUSD Board of Education Vice President Riga Rodriguez, Ph.D., SAUSD Board of Education Clerk Alfonso Alvarez, Ed.D., SAUSD Board of Education Member -John Palacio, SAUSD Board of Education Interim Co -Superintendent Alan Rasmussen, Ed.D., SAUSD Interim Co -Superintendent Richard V. Tauer, SAUSD Deputy Superintendent Alfonso Jimenez, Ed.D.., SAUSD Deputy Superintendent Thomas A. Stekol, Ed.D., SAUSD 1601 East Chestnut Avenue, Santa Ana, CA 92701-6322 (714) 558-5501 BOARD OF EDUCATION Valerie Amezcua, President • Rigo Rodriguez, Ph.D., Vice President Alfonso Alvarez, Ed.D., Clerk • John Palacio, Member ww��1 December 17, 2019 ATTN: Santa Ana Mayor Santa Ana City Council Santa Ana City Manager On December 17, 2019, The Santa Ana Mayor and Council is considering again the approval of a zoning ordinance amendment in an industrial area that would allow public, private and charter schools to be built and/or expanded. Approval of this action will have a negative impact on impacted businesses and surrounding neighborhoods. Vista Heritage Charter School is requesting a capacity of 960 students on 1.5 acres. Currently Vista Heritage Charter houses 270 students on''/2 an acre. The City Council agenda summary says 870 students but the Council Exhibit that will be voted upon has a cap of 960 students. Is it 960 or 870 students? This does not include the 50 or so preschoolers who are housed in a church daycare facility. Visa Heritage Charter School wishes to expand its school from 18,368 square feet to over 66,000 square feet. That is almost a 259 percent increase in square footage! Romero Cruz Academy (formerly Spurgeon) currently houses approximately 1,027 students on 19 acres. That is 12.5 times the acreage that Vista Heritage Charter School is proposing for its expansion with nearly the same number of students. School hours being proposed increases currently from 8 am - 3 pm to 7:30 am - 6 pm. That is almost 4 more hours or nearly 50 percent more hours that the school will be open Monday through Friday. This does not include weekend activities that will happen periodically! This places the auto repair, tire shops, and other businesses on the property in direct competition with Vista Heritage Charter School, Templo Calvario Church and the daycare facility for where there is limited parking. After decades of expansion and little attention to zoning, Temple Calvario Church proposed additional expansion plans on October 8, 2008. Prior to that, on August 25, 2008 the Planning Commission voted to rezone the commercial property to include the church expansion in the zoning. When the City rezoned the lot in question from Ml to SD82, there was a shortage of several hundred parking spots to meet the current code. In an attempt to remedy this lack of parking, the City created a variance to allow for this large shortage of parking (#2008-04). This variance did not fix or address the problem, it just pushed it to the existing owners of the other businesses located in the industrial park and surrounding property owners. The Templo Calvario church expansion which was completed in 2009 at a cost of $11 million included going from 1,500 seats to 3,000 seats for their, then, 6,000 members. The church has grown in membership since. This increased the usage of its members on a daily basis which also impacts limited parking on the property, adjoining streets and neighborhoods. There was a level of tolerance by the business owners to the Templo Calvario Church because much of the volume was on the weekend when many of the businesses were not open. However, allowing a school to operate on this property and now to further expand it has put the industrial business owners in direct competition with the school and church for parking on a daily and hourly basis. December 17, 2019 City of Santa Ana Mayor, City Council, and City Manager On October 6, 2008, the City Council and as recommended on August 25, 2008 by the Planning Commission, the City required for the church expansion as a condition of approval of the conditional use permit to meet its zoning requirements for parking. Therefore, Templo Calvario Church was required to enter into an agreement with the Orange County Transportation Authority for 312 spaces and Santa Ana Unified School District for 115 spaces to use their parking lots to meet the shortage of required parking spaces To address the parking shortage, the traffic engineering firm of Austin- Foust Associates was retained to prepare a parking analysis for the project. Austin- Foust conducted parking counts on four consecutive Sunday mornings in May and June 2008 to attain an accurate parking demand for the church. Based on their analysis of actual peak parking demand, they determined that, based on a passenger per vehicle rate of 3. 41, a total of 587 parking spaces would be required for the church expansion project. Even with the additional 427 parking spaces, Templo Calvario Church was still short of 160 needed parking spaces, thus the request for the parking variance. In the past, Templo Calvario Church and the Vista Heritage Charter School parked approximately an additional 312 vehicles in the Pacific Car right of way which is managed by the Orange County Transportation Authority. This is no longer an option due to OC Street Car construction. Due to the expiration of their parking lease in early 2019, the parking lot on the property has become more crowded to the point that it is unsafe. This is in violation of the CC&R's that the City approved in 2008 as a condition to expand Templo Calvario's church. Contrary to the City's position, this condition cannot be waived because of Templo Calvario's expansion of the church in terms of use has never changed. Vista Heritage Charter School has made an existing parking shortage even more severe. Furthermore, as an additional condition to expand the church in 2008, it also required that Templo Calvario Church enter into an agreement to use Santa Ana Unified School District parking facilities at its warehouse located at the intersection of Fairview and Civic Center. This made available an additional 115 parking spaces. There is not an existing agreement between Templo Calvario and SAUSD to use these additional parking spaces. In fact, this option is no longer available due to expanded operational warehouse uses. This is also in violation of the CC&R's that the City approved in 2008 as a condition to expand Templo Calvario's church. Contrary to the City's position, this condition cannot be waived because of Templo Calvario's expansion of the church in terms of use has never changed. Vista Heritage Charter School has made an existing parking shortage even more severe. Bottom line, Templo Calvario has approximately 427 less parking spaces today than what was required as part of the CC&R's in 2008 as part of the expansion of the church. This has been compounded when Vista Heritage Charter School was approved by the City Council in 2016. The school expansion makes parking even more severe. Vista Heritage Charter School as part of its expansion anticipates an increase from the existing use of 20 parking spaces to 62-67 parking spaces after the expansion. An increase of 42 to 47 parking spaces. Where are they going to park if there is not sufficient parking spaces today let alone with the expansion? At the May 7, 2019 council meeting, City staff acknowledged that the additional needed parking between 42 to 47 spaces only included teachers not additional staff support. Vista Heritage Charter School students are playing in between cars and within 60 feet in front of auto repair and tire facilities which creates student safety and environmental issues due to traffic circulation issues and auto contaminants being used. Approximately 20 to 30 vehicles plus are parked along 5`" street where Vista Heritage Charter School has its front entrance, creating noise, fire safety access, traffic congestion, and circulation issues. If one had an emergency today, the Orange County Fire Authority would not be able to safely respond. The Fire Authority would not be able to park on P street nor in the parking lot because currently west bound traffic on 5 h street has been reduced from two lanes to one due to the overflow of street parking being used and currently there is not sufficient parking on the property itself. How does the City protect the children from an overcrowded industrial park with heavy traffic use from tow trucks, semi -trucks, delivery trucks, forklifts, chemical use and other commercial business operations in the immediate vicinity of children? The proposed increase in the volume of students will not only impede the flow of traffic for the established businesses but increased general liability to the business owners who share parking spaces who have expressed concerns about having this industrial park turned into a mixed use development filled with elementary and intermediate students. The livelihood of the small business owners on the property will be negatively impacted due to the school expansion. Property values for the business owners will continue to decrease due to the proposed school expansion and the church expansion in the past. The industrial park is an association and owned in common by all owners. The CC&R's will not permit the use of common area property for individual usage. The CC& R's prohibit the parking lots or driveways from being fenced off or to be used for purposes that infringe on other owners like what is currently being done. Vista Heritage Charter School has coned off areas for PE and playground usage as well as coned off the entire perimeter of the building for student traffic and PE activities. All of which are in violation of the Recorded Reciprocal Parking Agreement as well as pose a danger due to conducting this in an area with heavy commercial business traffic. To ensure compliance, Vista Heritage Charter School should be working with the California Department of Education. To my knowledge, there is not a formal record that Vista Heritage Charter School has chosen to do so. At the May 7, 2019 Council meeting, SAUSD requested that it be formally notified should the City reconsider taking action again. SAUSD was not formally notified in advance of the upcoming December 17, 2019 council meeting. How can the City partner with SAUSD, if it does not honor requests from each other? According to parliamentary procedure which the City council follows, the prevailing side of the May 7, 2019, 3-3 vote, can bring back the action item. The prevailing side is the "NO" vote. Contrary to City staff, the City council did take action. They voted "NO" to reject the school expansion. In an effort to circumvent this process, City staff have chosen to reconsider the item versus the City council. This is unprecedented. December 17, 2019 City of Santa Ana Mayor, City Council, and City Manager This zoning ordinance amendment sets precedence for allowing other charter, public and private schools to be located in industrial areas with auto repair facilities. This action will give Vista Heritage Charter School a legal entitlement. What purpose does it serve to later address CEQA and parking related issues if the property owner has a legal entitlement? What goes first the cart or the horse? It should be alarming to the members of the City Council. The notion that there is not a negative impact in the area is absolutely incredible and unbelievable. Contrary to what was shared on May 7, 2019, CEQA is a common practice undertaken by public schools of which Vista Heritage Charter School is funded with public funds. Therefore, the need to undertake a CEQA study is required and should be undertaken by the City before the Council considers this agenda item. Please delay council action until the CEQA study and those impacted have an opportunity to address the aforementioned issues. Your understanding and follow up on the issues raised is most appreciated. Thank you. John Palacio Trustee* Board of Education Santa Ana Unified School District These are personal comments and not made in my official capacity as Trustee of the Santa Ana Unified School District. W N Z � 0*) CD Z p N C O O o � Z U Z Z U Z W O N 0 Z W Q V r-1 O N Cca C r_ a A Ord r_ _O cc L Q a� U C O U i cc UA cc L U 4 M M N a.+ O U O O U U N 0 4— .Q O ca m O U O L N s a> ca z i ca U O_ El O N N 00 O t � U i � CN M W i ca Z ca Q N � � fII O O O O- O Co y"' O v N 0 0 O 0 N U co '^� � O 0 0 a 0 r. C cc FL C U7 E bA m c m b0 C Y m a N n h w A --a 0=am O ° c LN U y Y yea L Q7 y y N L a y a c w f6 _ N U= l6 t O U F+ T 0(6� _ca �E-0 �o:E N a U N aaa a C Ebn m C y j O O i 7 O � U L C. OVA N r- 'a a � � 3 T NI U y a), — Cc � C _ bA (6 (n O a N —, E U f y Q a U N L f6 a) O > O r O E 0ca N � i i f6 N LSl bANN (6 O o Ua LEI = 0 U Y y C bA O_ T i fp fn � U) m Q yQ._ r' krz• a Cz 4►+ seen t �.' geez ose�z . 5d 4Z az Id 3a�:)napN 0 t?z aer Zile " �, W.• , , � ., ram•„ s� x,k Me/ . _ r N O0 coU X U Q (B E — cc O o N +r x O cc � O b.A O •N U O O (o i N O U ca N N N 'O co ca O F, bA y O co O co > O fa U co O ++ N cocc *' 00 00 a) co - fn O O N N Q co � +O•' n O � 'O +O , ++ Co _ fo N O — _ Oco co U y- cc CO) > N c0 0 cn X Q O O E (o m CA 0 .O Q N O E M U O E ? O y N O '—' O 0 U ca CL O cn U (N to 0_ 0 m N O U n. co —X N U ca a ca C cB O p 0 1 Q O � y O a)4-1 > U O i 0 O _U Ca •O •co cq +L+ N O U O `F N cn O '-' O O N N uj O •� U Q O O N O O _ tU O i fB Cn O U N > N O 0 - N j E 4- C6 fB O •� � O CD O N V •U 0 Q O ca O a O \ L L- +.+ +, O 4-0 O Occ 'co U (B N Q fa O fB N O O + +•+ 4-00 .� O O 0 '� _O X •cc a-•+ N O O Co �� cB N r� A t� N cc +rE Q 0-Z _ U Z m •— LO ca c U .= O Q L E H f6 i .Q N N N O � O � — i N c6 X c W ca CL .� co CL .E u .0 s.. ca a 00 m ti Ti U t � O s ,n X t U U to N N TA 0 cc p U i bA O a a' O CDN N N ca o — o `oA cc >+ p cn > -0 tB a.i cc (n c� L.L �-.+ ) tb co U f6 > a i CD E >> L i i t6 +' Q O UO O .0 U O N -0 - 70 FL aL cn LO a) O _ 0- to C Q ti C�7 c.i � �r•j City Council Meeting 12/17/2019 Vista Heritage Petition Petition/Opposition to zoning ordinance amendment number 2019-01 which is intended to amend the zoning of SD — 82 to allow schools to operate within the SD — 82 zoning district located at 2601-2617 W. 5th St also known as Civic Center Business Park Civic Center Business Park is comprised of 12 small business owners along with Templo Calvario Church and Red Hook Vista LLC. The following business park owners are in opposition of the zoning amendment proposed to allow schools to operate within the business park. Reasons for opposing the zoning change: 1. Children's Safety Is it appropriate to place some of the most vulnerable people (children) in our society in such a precarious situation day after day? We are still dumbfounded how the City of Santa Ana could find these conditions acceptable and approve the mixed use originally. Current elementary schools in Santa Ana and Orange County are primarily self contained properties with the following safety features: 1. Secured/fenced playgrounds 2. Completely secured/fenced campuses 3. Driveways and drop-off points that have no reciprocal usage by large delivery trucks, semi -trucks, tow trucks and forklifts. 4. Not located within a Commercial/Industrial park. 2. Property Insurance Due to the mixed use that was created when the zoning change from M1 to SD82, it has been very difficult and expensive for the Civic Center Business Park Association to secure insurance. We have been denied by 12 insurance companies and currently only have one carrier (as of December 1, 2019) to underwrite our mixed -use community. Our policy cost has also substantially increase. 3. Property Values ,) kv it This property was originally designed as a homogeneous industrial complex within the City of Santa Ana. When the zoning was changed to accommodate a church, and then allowing a preschool and now school, it turns this property into a mixed -use property of the most complex dynamics which decreases property values. All of these small business owners purchased their units expecting the business park to remain for commercial purposes only. Property values are affected due to the complex dynamics, lack of parking, and increase operating expenses and perceived value. The City's decision to mix use these lots have placed undue burdens on the existing owners and has increased the cost of doing business. The school has already demonstrated very little concern for these dangers. They have been conducting PE classes in the parking lot as well as creating a makeshift running track around the complex all of which are in violation of the business park rules and CC&R's. For the above stated reasons I object to the proposed zoning amendment to allow schools in the Civic Center Business park: Name Address Sianature JhP f6y Cn C-r-A•,Ak .52.3 7 4 v'J S0 iU _/f vu2� v.� NSF `-27 N J t� 5 3 1 ti �u�o2�s LC?ui C o-vI0 j IV T411ZIII& k At c4Z-5 VO �0 o��