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Home My WebLink About75A - BROADWAY CORRIDOR DISTRICTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) -~ a~~' 4f-,`--- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-05. PLANNING COMMISSION ACTION On August 24, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 05 by a vote of 7:0 to amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. The Planning Commission made no changes to the recommended action outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. '~~%~- Ja Trevino Executive Director Planning & Building Agency BA:rb ba\reports2009\zoa09-5\zoa09-OSmidtowncc 75A-1 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 24, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2 0 0 9- 0 5 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Bill Apple Executive Dire for RECOMMENDED ACTION Planning Man r Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009-05. DISCUSSION Request of Applicant The proposed zoning ordinance amendment is a city initiated action that will amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. Property Description The Midtown Specific Plan is generally bounded by Civic Center Drive on the South; Seventeenth Street on the North; Broadway on the West; and Bush Street on the East. The Specific Plan includes five districts: 1) The Broadway Corridor; 2) Civic/Professional; 3) Financial; 4) Community and Specialty Retail; and 5) Bush Street Professional. Land uses vary from district to district with each district having its own development standards. The plan was adopted by the City Council in 1997 (Exhibit 1). The Broadway Corridor District encompasses both sides of Broadway and the west side of Sycamore Street between Washington and Seventeenth Streets (Exhibit 2). The uses allowed in the Broadway Corridor district are identified on page 71 of the plan (Exhibits 3 and 4). The district has many older structures with large setbacks, landscaped front yards and mature trees. While very low intensity in character, the district houses a wide variety of uses and activities. EXHIBIT A 75A-3 Zoning Ordinance Amendment No. 2009-05 August 24, 2009 Page 2 Analvsis of the Issues In reviewing a request to rehabilitate and reuse an existing multi-story office building in the Broadway Corridor District of the Midtown Specific Plan, staff was asked to consider a museum/gallery use with associated art related workshops, classes and performance space. Currently, museums/galleries are not permitted in the Broadway Corridor District but are permitted in other districts within the Midtown Specific Plan. These districts include the Civic Professional, Financial and Commercial/Specialty Retail Districts where galleries are permitted by right and the Bush Street Professional District where galleries are conditionally permitted. Staff is recommending that the use category of the Broadway Corridor District be amended to be consistent with other Midtown districts that allow "museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit." Conditionally permitted uses within Midtown are primarily night clubs, bars, indoor entertainment, freestanding parking lots, parking structures, banquet facilities and places of worship within freestanding buildings. Although the Broadway Corridor District is primarily a lower intensity office corridor mixed with residential and institutional uses such as churches and social services, the integrity of the corridor will remain intact as the scale, height and setbacks of existing structures will be maintained. Because of existing conditions within the corridor, museums, libraries, galleries, theaters and cinema are likely to occur within existing structures. The introduction of museums, libraries, galleries, theaters and cinema will not alter the intention of the Specific Plan to encourage pedestrian activity and a variety of uses in the Midtown area. The presence of artistic and cultural uses within the Broadway Corridor will be beneficial to the community and the many arts related programs encouraged citywide. Based on the above analysis, it is recommended that the City Council approve Zoning Ordinance Amendment 2009-05. 7 5A-4 Zoning Ordinance Amendment No. 2009-05 August 24, 2009 Page 3 CEQA Compliance After completion of Environmental Review No. 2009-112, a General Rule Exemption will be filed for this project pursuant to the California Environmental Quality Act. Bill Apple Associate Planner '~ /n'/ ' i, /! 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IR~S.I RETAIL C M M R I L GAS STA. RE IL LL SEVENTEEN TH ST. COM. STATION. GAS STATION. Q ~ COM. OFFICE PK. W COMMERCIAL APARTMENTS SFR ti z W W 16TH ST. APT ¢ O _ S A N ES. PK. ¢ AP T. APT. _ _ W LL SFR SI LE W w W O FAM. RES. APT W ¢ APT SFR O FFIC F C O ¢ S GLE ~n FAM. RE . ti ~ z w N w ~ Z ~ a Q a ~ ¢ ~ vi G J ¢ 2~ Q w IN L ti F M. R S. a Q ® 1 Broadway (Not apart) Broadway Corridor Distric ZOA 09-5 BOUNDARIES BROADWAY CORRIDOR DISTRICT MIDTOWN SPECIFIC PLAN (SP-3) P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP ~~B ! 2 TENTH ST. PK. W W W SCHOOL PARKING V p PK. ~ ~ O W O CE O O O m Midtown Specific Plan DEVELOPMENT STANDARDS Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. 5. Museums, libraries, galleries, theater and cinema, except those that repui-e a conditional use permit (Uses added) Building Height Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 35 feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including convalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. Live-work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. The major setback conditions are discussed below by street: Broadway. A twenty foot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to Building Envelopes remain have lesser setbacks. The parcels at the Washington Street corner are designated as open space. General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship befinreen public and private pedestrian space and the building wall which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. Floor Area Ratio The General Plan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small lot development, typical for the corridor, would not exceed 0.5 FAR. Exhibit 38, Broadway Corridor Height and Setbacks, defines the Parcel Size setback dimensions from property lines and other benchmarks throughout the district, and height limits and setbacks for buildings The minimum parcel area is 6,000 square feet with a minimum higher than 35 feet. Reference information on the exhibit shows frontage of 50 feet. existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. Chapter 7: Broadway Corridor District EXHIBIT 3 71 75A-8 c"anTea n EXHIBIT 4 75~~ ~9 Midtown 5pecdic Plan BROADWAY CORRIDOR DISTRICT THEME A major north-south arterial with a scale and character reflective of its past as a residential boulevard, which has a wide variety of residential, institutional and office uses. (See Exhibit 37, Broadway Corridor Concept Plan.) OBJECTIVES • Maintain the scale and character given to much of Broadway by the large number of historic and architecturally significant structures, the mixture of office, institutional and residential uses, landscaped front yards and mature street trees. • Encourage revitalization of existing multi-family residential properties for safe and sanitary housing units. • Encourage revitalization of existing properties for a variety of professional office, service and institutional office uses. Provide through-block pedestrian ways from Broadway to Sycamore and Main Street to increase convenient arculation routes. Extend green open space frontage north of Washington on the west side of Sycamore as a visual connection to the landscaped parking lot plaza proposed to surround Home Savings' existing parking. • Maintain the small scale character of office uses fronting Sycamore Street between Washington and Seventeenth Street and, where appropriate, encourage their revitalization at a similar scale. ® NEW BU1Lp1NG "'~ PARKING °"+-PARKfN(3 ACCESS CAPE A EA LAND S R TERINGS O ~ A A F CH R C Exhibit 37 Broadway Corridor Concept Plan Chapter 7: Broadway Corridor District a W n ~ C ~ q ~y ~- _ 69 Page 2 of 6 75A-10 SEVENTEENTH ST. Milltown Specific Plan LAND USEIACTIVITIES The Broadway Corridor District encompasses both sides of Broadway and the west side of Sycamore Street between Washington and Seventeenth Street. With the notable exception of the 10 story office building in the 1600 block and the next door apartment complex, this area is a mix of residential, office, and institutional uses in one and two story buildings. The Broadway District abuts the CiviGProfessional District to the south, and backs onto the One Broadway District Center and the Community and Specialty Retail District to the east. The Broadway District has a strong historic character, with a number of buildings dating from the tum of the century. The Broadway District will continue to play its current role in the Midtown area by providing lower-intensity office space mixed with residential and institutional activities, such as churches and social services. The urban scale and form will remain that of a large square footage single family neighborhood with deep setbacks from the street. Broadway itself will continue to carry heavy traffic as a secondary arterial access for the downtown and Civic Center areas to the south. The $roadway District will continue to serve the downtown and Civic Center areas with professional offices, space for semi-public service agencies such as the YWCA, and limited residential uses. While very low intensity in character, the district will thus house a wide variety of uses and activities. SITE ATTRIBUTES Between residential neighborhoods and central city commercial d~trict. • Significant concentration of older structures of character. • Landscaped front yards and mature street trees. • Small bts and primarily residentially-scaled structures. DEVELOPMENT OPPORTUNITIES The following development opportunities define the major projects within the district. The descriptions approximate the development potential of each site, and do not indicate actual permitted capaaties. These will be defined by development standards and design guidelines. These activities and uses include the following: • Professional, financial, insurance and real estate offices with litfie waNc-in traffic. • Institutional office uses, including public agencies and private office uses. • Specialty and general practice medical and dental offices. Reoccupied single family structures for cottage industries, as a wnditional use. • Day care facilities. • Congregate care and convalescent homes. PHYSICAL FRAMEWORK • Broadway is the major north-south arterial forming the western edge of Midtown. • Older structures, landscaped front yards, mature street trees and small tot frontages define Broadway's unique character. (The long-range land use policy is to create a landscaped open space centrally located to the Midtown District). Small Lot Infill. Existing vacant lots, and those with deteriorating structures that are not architecturally significant provide sites for small-scale office devebpment, consistent with the architectural styles and scale of surrounding structures. Renovation. Refurbishment of existing structures for reuse as professional offices, services and institutional uses. Revitalization. lJpgrading major office structures to make them competitive in the local office market. 70 Midtown Speck Pian Page 3 of 6 75A-11 Midtown Specific Plan ® . DEVELOPMENT STANDARDS Permitted and Conditionally Permitted Uses Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. tonditionaily Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including wnvalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. Live-work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. Building Envelopes General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each bbek. Their pr'-mary purpose is to establish the relationship between public and private pedestrian space and the building wall which fomns its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. F_xtribit 38, Broadway Corridor Height and Setbacks, defines the setback dimensions ftom property lines and other benchmarks throughout the district, and height limits and setbacks for buildings higher than 35 feet. Reference information on the exhibit shows existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. Chapter 7: Broadway Corridor District 6uifding Neighs Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 3S feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The major setback conditions are discussed below by street: Broadway. A twenty toot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to remain have lesser setbacks. The parcels at the Washington Street comer are designated as open space. Floor Area Ratio The General Pfan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small bt development, typical for the corridor, would not exceed 0.5 FAR. Parcel Size The minimum parcel area is 6,000 square feet with a minimum frontage of 50 feet. 71 Page 4 of 6 75A-12 Midtown SpecMc Pfan Enhanced Intersection The City of Santa Ana may implement enhanced traffic movement interseccti~ons at Man and Broadway along Seventeenth Street in the future. Should these dedications and improvements be required as a condition of devebpment, or should they be installed by the city, all development shall be adjusted accordingly to maintain setbacks, plazas, form, and FARs. as specified fierein. 72 Page 5 of 6 Midtown Specific Plan 75A-13 Midtown SpeciSc Plan BROADWAY CORRIDOR [NMANCEO IMERSECTION SEVENTEENTH ST. `~ v; ,~, ;;. a~ I I t I I~f r ENHANCED HEIGHT AHD SETBACKS LATE I E ~T ~ A~ B ~T I SR11LAppyy6 NEVC:MI'16 .Yr'UNLE$.q #iDM,ATEU II Y LY O ~ LO G R. N EXISTING SIDEWALK CANOPY OTF7[FYASE ~LK YTOTRELMAINBLDGS. a OLDER RLOOS. pO~FCHARACTER l1KELY TO RENAHI _._.__. EXISTING CURB LME ~p, , PROPOBEO R4flKING ~ ._.....- PROPERTY LINE lTMIXED USE 2pNE •• ~++ BLpCK PERIMEtEq SETBACK L BUILDING HEKIHT (No. of Floor) ~" ~ PROPOSED 5171N6 OF NGMER BUILDINGS PEDESTRIAN WAY • • • •-PROP0~0 GROUND FLOOR ARCADE ~ OPEN SPACEMNSCAPE AREA Exhibit 38 Broadway Corridor Height and Setbacks Chapter 7: Broadway Corridor District 73 Page 6 of 6 75A-14 ORDINANCE NO. NS-X~CX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MIDTOWN SPECIFIC PLAN TO AMEND THE ALLOWED USES IN THE BROADWAY CORRIDOR DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Midtown Specific Plan was presented to the City Council at its meeting of November 18, 1996, and approved and adopted by Ordinance No. NS-2308 on or about December 2, 1996. B. In the almost 13 years since adoption of the Midtown Specific Plan it has been amended several times. C. Staff has recommended amending the uses permitted in the Broadway Corridor District of the Midtown Specific Plan to add the following uses: "Museums, libraries, galleries, theater and cinema, except those that require a conditional use permit." These uses are permitted in other Districts that make up the Plan, but are not currently permitted in the Broadway Corridor District. Section 2. Page 71 of Chapter 7 of the Midtown Specific Plan, delineating permitted uses in the Broadway Corridor is hereby amended as set forth in Exhibit 1 to this Ordinance to add the following permitted uses as a new paragraph no. 5: 5. Museums, libraries, galleries, theater and cinema, except those that require a conditional use permit Section 3. 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. 75A-15 ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-16 Midtown Specit'rc Plan EXHIBIT 1 DEVELOPMENT STANDARDS Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. 5. Museums, libraries, galleries, theater and cinema, except those that require a conditional use permit (Uses added) Building Height Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 35 feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including convalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. Live-work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. Building Envelopes General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship between public and private pedestrian space and the building wall which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. The major setback conditions are discussed below by street: Broadway. A twenty foot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to remain have lesser setbacks. The parcels at the Washington Street corner are designated as open space. Floor Area Ratio The General Plan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small lot development, typical for the corridor, would not exceed 0.5 FAR. Exhibit 38, Broadway Corridor Height and Setbacks, defines the Parcel Size setback dimensions from property lines and other benchmarks The minimum parcel area is 6,000 square feet with a minimum throughout the district, and height limits and setbacks for buildings frontage of 50 feet. higher than 35 feet. Reference information on the exhibit shows existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. ~lllll./LV1 / LIVUU YY LL~' Y/V1111A1J1 L1J LLI~L 71 75A-17 75A-18