HomeMy WebLinkAboutNS-3036- Amendment to Zoning Map for 1700, 1720 and 1740 E Garry AveORDINANCE NO. NS-3036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO, 2022-01 AMENDING THE ZONING
MAP FOR THE PROPERTY LOCATED AT 1700, 1720,
AND 1740 EAST GARRY AVENUE (APN 430.171-07)
FROM PROFESSIONAL (P) TO LIGHT INDUSTRIAL (M1)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Rob Mitchell ("Applicant"), representing Greenlaw Partners ("Property Owner")
is requesting approval of Amendment Application (AA) No. 2022-01 to change
the zoning designation of the property located at 1700, 1720, and 1740 East
Garry Avenue (APN 430-171-07) from Professional (P) to Light Industrial (M1)
In order to facilitate construction of a new, 91,500-square foot industrial
warehouse and distribution building.
B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal
Code establishes that because of the necessity of segregating the location of
residences, businesses, trades and industries; regulating the use of buildings,
structures, and land; and regulating the location, height, bulk and size of
buildings and structures, the size of yards and open spaces, the City is
divided into land -use districts of such number, shape and area as may be
considered best suited to carry out these regulations and provide for their
enforcement. The regulations are considered necessary in order to:
encourage the most appropriate use of land, conserve and stabilize property
value, provide adequate open spaces for light and air and to prevent and fight
fires, prevent undue concentration of population, lessen congestion on streets
and highways, and promote the health, safety and general welfare of the
people, all as part of the general plan of the City. The City of Santa Ana has
adopted a zoning map which has since been amended from time to time.
C. The entire Project as currently proposed entails, among other things, (1)
demolition of an existing 105,558 square foot office development consisting of
three buildings constructed between 1972 and 1974; (2) redevelopment of the
Project Site with a 91,500-square foot warehouse and distribution building
with ancillary/supportive office spaces and mezzanines, and associated site
and public -right-of-way improvements; (3) approval of Conditional Use Permit
No. 2022-14 to allow the use of the building as a distribution center; and (4)
approval of Amendment Application No. 2022-01 to change the site's zoning
designation from Professional (P) to Light Industrial (M1),
Ordinance No. NS-3036
Page 1 of 6
D. The applicant has demonstrated compliance with all requirements of the
Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153,
including public notification and hosting of required community meetings.
Materials resulting from the meetings were subsequently posted to the City's
webpage for the project.
E. On August 22, 2022, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2022-01. Following information
received during the public hearing, the Planning Commission continued the
item to its regular meeting on September 26, 2022, after which the project
was continued to its regular meeting on October 10, 2022. During said
October 10, 2022 meeting, the Planning Commission voted unanimously to
adopt a resolution approving Conditional Use Permit No. 2022-14 and to
recommend that the City Council adopt an ordinance approving Amendment
Application No. 2022-01.
F. On October 18, 2022 and on October 19, 2022, appellants Molly Greene with
Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental
Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on
behalf of Garry Plaza Office Park Association, filed respective appeal
applications, Appeal Nos. 2022-01 and 2022-02, respectively, for Conditional
Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council
is authorized to review appeals of Planning Commission decisions and may,
after holding a public hearing, affirm, reverse, change, modify the original
decision and may make any additional determination It shall consider
appropriate within the limitations imposed by Chapter 41 of the SAMC. The
Conditional Use Permit application and two appeal applications are subject to
concurrent City Council consideration with this Amendment Application.
G. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of the
General Plan. The General Plan identifies on Table LU-A-1 that the Interim
Development Standard for the FLEX-3 area is M1. The subject site is
designated by the General Plan Land Use Element as FLEX-3. This land use
designation by the General Plan encourages developments that provide
context appropriate development in areas with existing industrial uses. The
building has been designed to feature taller height and contemporary finishes
to ensure it remains aesthetically compatible with the surrounding area, even
as adjacent properties may redevelop with new industrial or mixed -use office,
Industrial, and/or research and development uses. The project has been
designed to conform to all applicable standards of the M1 zoning district.
H. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on December 20, 2022.
I. The City Council also adopts as findings all facts presented in the Request for
Ordinance No. NS-3036
Page 2 of 6
Council Action dated December 20, 2022, accompanying this matter.
J, For the reasons contained herein, and each of them, Amendment Application
No. 2022-01 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 district 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 Amendment Application consists of amendments to the Zoning
Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council has reviewed and considered the information
contained in the analysis performed pursuant to the California Environmental Quality
Act (CEQA) (Environmental Review No. 2021-54). Pursuant to Public Resources Code
section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from
further review. This type of exemption analysis evaluates whether the potential
environmental impacts of the proposed demolition of three office buildings, which total
105,568 square feet, and construction of a new 91,500 square foot light industrial
warehousing building that would accommodate two tenants, are addressed in the City of
Santa Ana General Plan Update Final Recirculated Program Environmental Impact
Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls
within this exemption.
(A) . As set forth in CEQA Guidelines Section 15183(a), projects that are
"consistent with the development density established by the existing zoning, community
plan or general plan policies for which an EIR was certified shall not require additional
environmental review, except as might be necessary to examine whether there are
project -specific significant effects which are peculiar to the project or its site." The
CEQA Guidelines further state that "(I]f an impact is not peculiar to the parcel or to the
project, has been addressed as a significant effect in the prior EIR, or can be
substantially mitigated by the imposition of uniformly applied development policies or
standards ... then an additional EIR need not be prepared for the project solely on the
basis of that impact." CEQA Guidelines Section 15183(c).
(B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State
Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any
decision by the City affecting land use and development must be consistent with the
GPU. The GPU EIR evaluates the potential environmental effects associated with
implementation of the GPU and addresses appropriate and feasible mitigation
measures that would minimize or eliminate these impacts. A project is consistent with
the GPU if its development density is the same or less than the standard expressed for
the involved parcel in the general plan for which an EIR has been certified, and the
project complies with the density -related standards contained in that plan. CEQA
Guidelines section 15183(i)(2). Development density standards can include the number
of dwelling units per acre, the number of people in a given area, floor area ratio (FAR),
and other measures of building intensity, building height, size limitations, and use
restrictions.
Ordinance No. NS-3036
Page 3 of 6
(C) The GPU identifies that the Interim Development Standard for the FLEX-3
area is M1. The M1 zone provides for a variety of light industrial uses, including
warehousing, manufacture, assembly, machine shops, and wholesale businesses. The
Project would result in a FAR of 0.42, which is within the projections of the GPU EIR,
which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated
and analyzed the impacts of this Project and identified applicable mitigation measures
necessary to reduce impacts of the Project, and the Project implements the applicable
mitigation measures.
(D) Specifically, the Project qualifies for the exemption because the following
findings can be made:
1. The Project is consistent with the development density established by existing
zoning, community plan or general plan policies for which an EIR was certified.
The Project would result in a FAR of 0.42, which is less than the maximum FAR
of 3.0 allowable in the FLEX-3 designated area, which is the development
density established by the GPU and analyzed in the GPU EIR. The Project site
has an Interim Development Standard of M-1 (light Industrial zone). The M-1
zone does not have density requirements.
2. There are no Project specific effects which are peculiar to the Project or its site,
and which the GPU EIR failed to analyze as significant effects. The subject
property is similar to other properties in the area, including its land use
designation and zoning, The property does not support any peculiar
environmental features, and the Project would not result in any peculiar effects.
In addition, as explained further in the prepared Exemption Checklist, project
impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU
EIR, development projects pursuant to the GPU, such as the proposed Project,
could result in potentially significant impacts to air quality, cultural resources,
paleontological resources, noise, and tribal cultural resources. However,
applicable mitigation measures specified within the GPU EIR would reduce
potential impacts to a less than significant level.
3. There are no potentially significant off -site and/or cumulative impacts which the
GPU EIR failed to evaluate. The Project is consistent with the density and use
characteristics of the development considered by the GPU EIR and would
represent a small part of the growth that was forecast for build -out of the GPU.
The GPU EIR considered the incremental impacts of the Project, and as
explained further in the prepared Exemption Checklist, no potentially significant
off -site or cumulative Impacts have been identified which were not previously
evaluated.
4. There is no substantial new information which results in more severe impacts
than anticipated by the GPU EIR. As explained in the prepared Exemption
Checklist, no new information has been identified which would result in a
determination of a more severe impact than what had been anticipated by the
GPU EIR.
Ordinance No, NS-3036
Page 4 of 6
5. As explained In the prepared Exemption Checklist, the Project will undertake
feasible mitigation measures specified in the GPU EIR, These GPU EIR
mitigation measures will be undertaken through Project design, compliance with
regulations and ordinances, and through the Project's conditions of approval.
(E) The Project therefore qualifies for an exemption from additional
environmental review as set forth in Public Resources Code section 21083.3 and CEQA
Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of the
staff report accompanying this Ordinance. Based on this analysis, a Notice of
Exemption, Environmental Review No, 2021-54 will be filed for this project.
Section 4. Conditional Use Permit No. 2022-14 and two appeal applications are
subject to concurrent City Council consideration with this Amendment Application.
Section 5., An amended Sectional District Map, showing the above described
changes in use district designation, is hereby approved and attached hereto as Exhibit A,
and incorporated by this reference as though fully set forth herein.
Section 6. The City Council of the City of Santa Ana, after conducting the
public hearing, hereby approves Amendment Application No. 2022-01, 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 October 10, 2022, the
Request for Council Action dated December 20, 2022, and exhibits attached hereto; and
the public testimony, written and oral, all of which are incorporated herein by this
reference.
Section 7. If any section, subsection, sentence, 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, phrases, or portions be declared invalid or
unconstitutional.
Section 8., This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9,. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 171h day of Januarv, 202
Ordinance No. NS-3036
Page 5 of 6
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:�Ir4v Ifti,
Jo M. Funk
Chief Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra Hernandez, Lopez,
Penaloza Vazauez (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Phan (1)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-
3036 to be the original ordinance adopted by the City Council of the City of Santa Ana on
January 17, 2023 and that said ordinance was published in accordance with the Charter of
the City of Santa Ana.
Date: I 1 7 q ?3
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3036
Page 6 of 6
ORANGE COUNTY REPORTER
— SINCE 1921 —
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
Telephone (714) 543-2027 / Fax (714) 542-6841
NORMA OROZCO
CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of ORANGE )SS
Notice Type: GPN - GOVT PUBLIC NOTICE
Ad Description:
2nd Read Ord - AA 2022-01
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the city of SANTA ANA, county of ORANGE, and adjudged a
newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of ORANGE, State of California,
under date 0612011922, Case No. 13421. That the notice, of which the
annexed Is a printed copy, has been published in each regular and entire issue
of said newspaper and not in any supplement thereof on the following dates,
to -Wit:
01 /06/2023
Executed on: 01/06/2023
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing Is true and
correct.
Signature
II IA I II II IIII II I I I I II I I I 111161 II
OR#:3658046
This space for filing
OF
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, make comments and stay
Informed about changes In land use,
fees or other projects that might be
APPLICATION NO. 2022-01 AMENDING
THE ZONING MAP FOR THE
PROPERTY LOCATED AT 1700, 1720,
AND 1740 EAST GARRY AVENUE APN
430-17"7) FROM PROFESSIONA (P)
TO LIGHT INDUSTRIAL (Mn
Maetine Time and Date: This matter will
be heats on Tuesday, January 17, 2023
at 5:45 p.m. or thereafter In the City
Council Chamber, 22 Civic Center Plaza,
Santa Ana, California 92701. All
interested persons can refer to the
following link on the date of the meeting
for more Ind armaUse and Instruction for
particlpall g In the meeting wwwaanta-
armorgi city-meet)rigs.
How To Make Comments: If you do not
wan to participate In the meeting Outward
to submit a comment, you may also send
your written Comments to the Clerk of the
Council, by mail to Cityy of Santa Ana, 20
Clvlc Center Plaza — M30, Santa Ana, CA
92701 or via email to
ecommenispsantaamorg (reference
City Council meeting') by 12:00 p.m. on
Monday, the day before the meeting; e-
mails received after said time will be an
file far public viewing and pposted on the
clly's websile the day after the meeting.
Who Ta Contact For Questions - Should
you have any Ves0ons, please contact
a Cleric of the Coundl Office at 714-647-
6520 during regular business hours.
Where To Get More Information: All
staff reports regarding any Item on this
agenda are available for public Inspection
In the Clerk of the Council Office during
regular business hours and posted on the
City's wallets the Tuesday before a
Council meetino at: ....me -
the Santa Ana Municipal Cade and
become city laws.
Si bone preguntas on Espanol, favor de
Ilamaral (714) 647E520.
We clin fare li bang bong Vi t, xin
dion them cho Tony Lei so (71a) 565-
2627.
Norma Orczco
Acting Clerk of the Council
Publish Orange County Reporter - Legal
Section;
Data: January 6, 2023
116(23
ORJ656)46#
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