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HomeMy WebLinkAbout75D - PH - 1306-1312 W SANTA ANA BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2011-01, GENERAL PLAN AMENDMENT NO. 2011-02 AND VARIANCE NO. 2011-06 FOR A NEW MEDICAL OFFICE BUILDING AT 1306-1312 WEST SANTA ANA BOULEVARD - KEVIN COLEMAN, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2011-01. 2. Adopt a resolution approving General Plan Amendment No. 2011-02. 3. Adopt a resolution approving Variance No. 2011-06 as conditioned. PLANNING COMMISSION ACTION On May 9, 2011, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2011-01; adopt a resolution approving General Plan Amendment No. 2011-02; and adopt a resolution approving Variance No. 2011-06 as conditioned by a vote of 7:0 to change the zoning and general plan designations of property at 1312 West Santa Ana Boulevard and a variance from setback standards in order to allow construction of a new medical office building at 1306-1312 West Santa Ana Boulevard. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. - N--?2 Jay -M. Trevino Executive Director Planning & Building Agency VF:rb vflreports\AA11-01GPA11-02VA11-06 1306 SA Blvd= 7501-1 75D-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2011 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2011-01, GENERAL PLAN AMENDMENT NO. 2011-02 AND VARIANCE NO. 2011-06 FOR A NEW MEDICAL OFFICE BUILDING AT 1306-1312 WEST SANTA ANA BOULEVARD Prepared by Vince Fregoso LWA Executive Direct & RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manager 1. Adopt an ordinance approving Amendment Application No. 2011-01. 2. Adopt a resolution approving General Plan Amendment No. 2011-02. 3. Adopt a resolution approving Variance No. 2011-06 as conditioned. DISCUSSION Request of the Applicant Kevin Coleman, representing Raul Torres-Marfin, is requesting approval of an amendment application, general plan amendment and variance in order to allow the construction of a new medical and professional office building. Specifically, the applicant is requesting approval to redesignate the zoning and general plan land use designations of one of the six parcels that comprise the development site from residential to commercial. Additionally, the applicant is requesting approval of a variance from Sections 41-368 of the Santa Ana Municipal Code (SAMC) to reduce the required 15 foot landscaped setback along Bristol Street and Santa Ana Boulevard. Project Location and Site Description The subject site consists of six properties located at 1302-1312 West Santa Ana Boulevard and 304 and 306 North Bristol Street. The parcels, to be merged via a voluntary lot merger, will total approximately 0.64 acres in size and will result in an irregularly shaped parcel. The two easternmost properties fronting Bristol Street are seven foot wide strips of land that will be remnant parcels from the Bristol Street Widening project. The project site is currently vacant, with the exception of 1302 West Santa Ana Boulevard, which contains the two-story Bristol Pharmacy and medical clinic uses. Exhibit A 7501-3 3 AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 2 The property has street frontage on Santa Ana Boulevard, Bristol Street and Third Street. The site is surrounded by commercial uses to the north, south and east, and single-family and multiple-family residential uses to the west (Exhibits 1 and 2). Project Description The project involves the construction of a new medical and professional office building to replace a building to be demolished to facilitate the widening of Bristol Street. The proposed building will be a two-story, 8,415 square foot structure that will be located on the northeast section of the site. The first floor of the building, encompassing 5,488 square feet, will be primarily occupied by the medical practice that is currently found in building that will be demolished. The second floor, totaling 2,927 square feet, will be available for lease to professional office uses. Once completed, the project will convey a sense of quality that is appropriate for a medical/professional office use and satisfies the design standards set forth in the Urban Design Element and the Citywide Design Guidelines (Exhibits 3, 4, 5 and 6). An art deco building design has been proposed by the developer that will reflect design elements of the building to be demolished. Elements such as a smooth plaster finish, brushed aluminum eyebrow canopies, glass block windows, and brushed aluminum door and window systems will be utilized throughout the project. Signage, to be submitted as separate submittal, will also be reflective of the art deco theme of the building. Access to the project will be provided from both Santa Ana Boulevard and Third Street. The parking requirement for medical office buildings is six spaces per 1,000 square feet of building (Section 41- 1346) and three spaces per 1,000 square feet for a professional office use (Section 41-1342). A total of 40 parking spaces will be provided on-site which is in compliance with the code. Project Background The existing medical building, located at 1302 West Santa Ana Boulevard, was constructed in 1947. Since its construction, the building has been occupied by several doctors and the Bristol Drugs pharmacy. At the time of its construction the building complied with all development standards then in place. In 1991, the City adopted the Bristol Street Corridor Specific Plan, which provided the framework for future redevelopment, and widening, of Bristol Street. Due to the proposed widening of Bristol Street from four to six lanes, the properties at 304 and 306 North Bristol Street and 1302 West Santa Ana Boulevard were designated as 'full take" properties and were acquired by the City in 2008. The City has since sold the unneeded remnant parcels back to the applicant, who has integrated the additional seven foot wide strip of land into the design of the project. 75D-4 AA No. 2011-01, G PA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 3 General Plan and Zonina Analvsis The subject site has two different General Plan land use designations. Five of the parcels have a General Commercial (GC) designation, which allows for commercial and office uses such as the proposed medical and professional office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including medical office, restaurants and various other services. The westernmost parcel, located at 1312 West Santa Ana Boulevard, has a General Plan land use designation of Low Density Residential (LR). The approval of the general plan amendment will make the project consistent with the General Commercial General Plan land use designation (Exhibit 7). In addition to the discrepancy in the land use designation, the subject site also contains three different zoning designations. The properties at 1306 and 1308 West Santa Ana Boulevard have a C2 designation, which is a general commercial zone that allows for commercial and office uses, such as the proposed medical office building. The proposed use is consistent with this zoning. The three parcels with Bristol Street frontage (304 and 306 North Bristol Street and 1302 West Santa Ana Boulevard) have a zoning designation of SP-1, which is not consistent with the proposed use. This designation allows the properties to be used as a linear park. The westernmost property at 1312 West Santa Ana Boulevard has a zoning designation of Single- Family Residential (R-1), which allows one-family residential dwellings. This designation is also not consistent with the proposed use. The approval of the amendment application will make the project consistent with the zoning designation thereby allowing for the integrated use of the site (Exhibit 8). Proiect Analvsis General Plan Amendment The applicant is proposing to construct a new medical and professional office building on a site that will allow him the ability to serve the clientele the medical clinic has developed over the past 20 years. In order to facilitate the project, a general plan amendment for the parcel located at 1312 West Santa Ana Boulevard is needed. Currently, the existing Low Density Residential (LR) General Plan land use designation prohibits the use of the westernmost parcel as a parking lot for the medical and professional office uses. To allow the project to proceed, a general plan amendment to General Commercial (GC) is requested. The general plan amendment will allow the project to proceed and will assist in supporting numerous goals and objectives of the Land Use Element of the General Plan. First, the project will assist in promoting a balance of land uses that address community needs, as the residences in the area will continue to be served by a medical clinic that has been serving the local community for over 60 years. Second, the project will promote land uses, such as professional and medical office uses, that will 75D-5 AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 4 enhance the economic and fiscal viability of the City through an increase in property and sales tax. Finally, the project will preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site (Exhibit 9). Amendment Application The proposed building site is located within three different zoning districts which do not allow the proposed office building. As a result, an amendment application (zone change) is needed to change the zoning of four of the properties from Single-Family Residence (R-1) and Bristol Street Specific Plan (SP-1) to General Commercial (GC) to facilitate construction on the site. The R1 zoning of the property on Santa Ana Boulevard is intended to facilitate the construction of a single-family residence on the parcel. Although a house was constructed on the site in 1920, the property had been utilized for commercial purposes since 1955 and was fully and legally converted to a commercial use by 1967. The three parcels fronting Bristol Street were redesignated in 1991 from commercial to SP-1. A concept of the adopted Bristol Street Plan was to utilize the majority of the smaller remnant parcels, including these parcels, as a linear park. However, the plan did not take into account ownership of properties adjacent to the SP-1 zoned properties. The applicant now owns the three parcels along Santa Ana Boulevard and desires to replace the building that will be demolished. Given a need to maintain a medical clinic use that is easily accessible and walkable from the surrounding residential developments, a zone change is a viable option for the site. The redesignation of the four parcels to C2 will be consistent with the use of the property and will facilitate the replacement of a building that will be demolished for the Bristol Street Widening project. Although the rezoning of the properties will remove the project from the Bristol Street Corridor Specific Plan, the proposed project will be consistent with several objectives of the Plan, including locating commercial land uses near the intersections with major cross streets, encouraging commercial activity along the corridor as a means of generating revenues for the City, upgrading the development character of the area, encouraging the rehabilitation of as many businesses as possible and encouraging local neighborhood servicing commercial uses adjacent to residential areas. Finally, as discussed earlier, the proposed project will meet the goals and policies established by the City's General Plan Land Use Element. Variance Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 75D-6 AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 5 • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Regarding this project, Section 41-683 of the Santa Ana Municipal Code (SAMC) states that buildings in the C2 zone requires a 15 foot (Section 41-368) front and side yard landscaped setback if the yard abuts a public street, as it does in this case. As proposed, the building will have a five foot setback along Santa Ana Boulevard and a 12 foot setback along Bristol Street. Further, the parking lot abutting Bristol Street will have a five foot setback. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from the code discussed above. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Also, due to the "L" shape of the lot, the reduced setback will improve circulation and access at the rear of the site. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the front and side yard setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 75D-7 AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 6 Finally, the project will not adversely affect the general plan as the proposed medical and professional office uses are permitted uses in the General Commercial land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. Public Notification The project site is located within the Artesia Pilar Neighborhood Association and just west of the Flower Park Neighborhood Association. Staff and the applicant attended and made presentations to both neighborhood associations in April 2011. At the conclusion of the meetings, both associations were supportive of the proposed project. The contacts of the Neighborhood Associations were notified by mail 10 days prior to this public hearing. 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 surrounding property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009-187 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2011-01, General Plan Amend ent No. 2011-02 and Variance No. 2011-06 as conditioned. Vince Frego o, AIC Principal Planner VF:jm vllreportsWA11-01GPA11-02VA11-06 1306 SA BIvd.050911.pc 75D-8 AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 7 Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan Exhibit 5 - Building Elevations Exhibit 6 - Landscape Plan Exhibit 7 - Zoning Map Exhibit 8 - General Plan Map Exhibit 9 - Revised Land Use Element 75D-9 R1 Rl @ R1 N Rl 11 R1 d R1 R1 0 R1 R1 TR2 R2 ?R2 R1 Rl RI y M1 R1 R1 R1 Ml R2 R1 R2 R2 k C2 ? 1° C2 C2 , C1 x C1 x i 9 0 ? FIRST 4 R2 R2 `C2 ? C2 I Cl SP?1 R1 R1 R1 I R1R1 ?,.,.:, 1 RI RR1 SP`1 RI R R1 R1 F RT LR R1 R1 ? R1 R1 r±_ R7 R1 c RI R1 NR2 RI R1 R1 R1 Rl Al a ? ca. ? SD-20 SD20 SD-20 R1 ? ? GC GC ' RI o X GC LL R1 P © so-ss P 9 P ' P sass 50-55 P P 0 P P so-ls n a ST. C1 C1 C2 R2 R2 R2 Al GMEWAMULRMLt CR OOMM9i74L R®DR4-W. RI 9NaEFAMLYRESDeinAL 48 R11iWGMODIF1cum GC GOVER OaCROIR R2 WJ0FAMLYR®Dff4M C-W 07~0kS MMAIN M1 LIGKINDUSMAL Ri M kAMEDE NEIMMULTIFLE C1 Cl-MD ODMMUNITY00MMEFnk OOMM.00MM8;aWMUkqElNDlW4CT M2 MO HEAWNDUSTRAL MIUTAWOPEFATIONS FAMILYFESDWE C2 (BNEWOOMMHUAL 0 OFHNSA Ri S1RUBANAFAMME3NTS Q CWHIAL CE FE FESDEN11ALEMTE C-A C9NT 40LISNEiSAWWMLLA(E P PCO PFCFESSONAL FUIFNETOOMMUNITYDB?OWDa SE) WMF1CDQ/jjCpMENF 93BIRCRAN CA RANNEOSIOFANGWIM Pia FLA NE)FQ30&MALDEALOPMBNT C5 ARrERALCOMM OAL AA 11-1 /G PA 11-2NA 11-6 _ TORRES MEDICAL BUILDING 1306-1312 WEST SANTA ANA BOULEVARD - - _WO ,? 1' = 1000 FAT 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 EXHIBIT 1 VICINITY MAP 75D-10 RI RI .,, I S' RI J R1 RT R1 v n sxn R1 Rl sP-1 T ?n k p I SIXTH S ngle Fa i I y M.R. Re iden e c o m e r c i a I Indust. Comm. FIFTH 5in le Fa mi y R si a ce w w m F- SANTA ANA Lu w w cc N J t/1 m E u 0 0 V V E E E Si gl Family E o Res id nc - .J-THIRD Si gl F m ly E E R es de c g 0 V S in le Fa mil y u E Re 1 1 si en e E - 0 V Z Q w a N LM 2 SECOND s ? Iy V c Coi Re id n STREET C o m e r c i I S F. - - 1 m C m m a1 r BOULEVARD Com me rc al Co m er ci 1 Ln T is LL N STREET E E si gl e F mi ly es ide nc 0 v U ? Co m. S.F. R. s ,R .t,lm?T? AA 11-1 /GPA 11-2NA 11-6 TORRES MEDICAL BUILDING 1306-1312 WEST SANTA ANA BOULEVARD 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 EXHIBIT 2 75D-11 Ii i < I STREET $°FF oo w uowdolonop ?.ou ?U vo . , BWaS r ° ° mil BUy 6?UBS / loa8?/g a a Onna7ine 7vOIa3w H S3MM01? Iql. E e y ? b ? Y it I la A F? SIR.@®: I g???? arR@?I 01 It Y c lit z .a I. uj r g4?46 7 ? Qff m' Ili o' a? a, ? a 3l 1?32J1S ?OlSILB _ - - - - J - - - -- ----- ----- EXHIBIT 3 75D-12 _ g AA Aa ru• n???? ?.u....~r•e YJ '?N e#?BS PAJ8 dw WP. / pI8M Y ? ? N A fiQ?1? a?y?r `I 9 k 6 9 o0?eUwdolawap JN1a7KlA 7Vo103W 996fdo1 Z o 8 k C a Eli C W 9m E ? Y ill I" AY HM El BB 7EO E k I I I a ?? Q?p O O Q ? O j O I ? ? Q g a {,. h t T __- -.s a + i c - f a.r I•. _+ . a¢ a _. I . opY _ +j a F I Ii ? I I ?#b.•k- -a ±q.r? rf .t'n?t I I ? ? ? I ±o-fi ..?rin..v ? t+-.v? _.i ?--? I I ? _ I I -$..}.v tgcfi a'?Tv-?G ?? 9911 I { ` I , 0 ?\ ? I I 1 - I 0 l L ?? , L o .. \ p e -? '?- I ? I I d ¦ _?_ I -11T ? .. tt +L•.G J?"i LJ F fs it ?.--ii i ' ? _. e ? _... ,i' \ I ? i l I j I I I I I I ? I i II II I I?. ? ,? II i ? ? , I I I I I O I I tY?C?IJ I I ?--.•A--? , yY. -..•?IX 1 t-?• Y.4G ? I "' I I +, t .. _ .. .. _ •. bpi - ? _ I __ _ ? -. - I ? _?.. I + 4"g O I I O t o ! O I I EXHIBIT 4 75D-rT3OI` YD °"I ewv?' a y4 4f Y [U _7 r e--? ?j§g« Jj$? /?? Why p??? y?? C ? A N 5, F 3 tne? +wlnl?l i rw.-.? («?I ?wx?r _ POW a owes ? I` ups C3s?{?. ? Q O0?,eu dolenap S38MOl i W oaoooua T 7? op Q o Q 4 Q _ 0 4 { ' I ' I t ?i. J I, I I R S 8@ 0 W y a \ I o t O !? ., I i i I _ I i I ?Y .t?b1P Y f i CfAS I r ??OCk.R I 6s I j ' As I 1 I i I I I ? I I ? I i I T_ _ Iur I ? r 1 I I I i 1 I I >. 1 ?_.. ! - l I _ t 1 rr ? j t bb b ? o I a, o I ? L ---? I ..____?. ?.. . O 7 6MOU SAN YV ,w RJUBS PM6 W IV VJUBS / 1019M e s s j :1-€ oo ueuidolenep •u j y vNiowns woma n S3HH01 ? S 0 O m a Z p 7g gg ? ? p IN p LU g HIS 11 C1 CI TJ ril 2 0. J_u oOa110s t AL W O m I I L J + W ti ? c W i ? a ,a-- (E)_ pe A l ?? 1 L 3?1?8 S O J n a O lu J W __-I 4 ti O a O ti W y W 3 75IN ANvd3liOO IxEWO'laAaa iaN VJ lvmv Ylxvs'aA7w vxv vLm 9'IWSm ON LYINW d IDMCmng gvoicmq serial o? A I?i?itl1 0 3 0 EXHIBIT 6 M dth I t? 1 ! 75D-16 SANTA ANA S .F. R. E Si gl F amily o es d e n c V THIRD E Sin g le F m ly °C E R esi de c o v S ing le Fa mil y E R e s i d e n e 0 ? o v 1-- W W I` un J (/1 m C o m nr i e r c i a l z S F. u Com m. Co m. BOULEVARD Com me rci al Com m LL . cr- Co m. °C IV , c/1 N STREET E Si ngl e F ami ly o Re s ide n ce g Ln V Co mm. S . F . R . AA 11-1 TORRES MEDICAL BUILDING 1312 WEST SANTA ANA BOULEVARD 304-306 NORTH BRISTOL STREET 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 ZONING MAP EXHIBIT 7 7501-17 SANTA ANA M S .F. R. L N E E Si ngl e F amily °C E o es icl nc U V THIRD Si gl F m ly E R esi de nce 0 V S i n l e Fa il y E Re sid en ce 0 ? o U I- W W tr V) J m C o m e r c i a l z S F. a Com m. Co mm. BOULEVARD Com me rc al i Co m , . N Co mm. LZ L STREET E Si ngl e F ami ly o e s i d e n c H U Co mm. S.F. R. G PA 11-2 TORRES MEDICAL BUILDING /? ?- r?l 1312 WEST SANTA ANA BOULEVARD J(,Y 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 GENERAL PLAN MAP EXHIBIT8 75D-18 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division r? Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this docnment since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (G PA 1997-05): GPA 2011-021oenrnnal GPA 2010-01 (June 7, 2010) GPA GPA 2006-01 (October 2, 2006) GPA 2006.01 (Oacember 5, 2005) GPA2003-01 (Feb(uery18,2003) GPA 2002-01 (September 3, 2002) GPA 2000-02(Norember20,2000) GPA 199942 (October 18 1999) 2006-02 (July 20, 2009) GPA 2007-03 (May 18, 2009} GPA GPA 200'x02 (October 17, 2005) GPA 200401 (April 5, 2005, as passed by GPA 2002-03 (August 19, 2002) GPA 2001-03 (February 19, 2002) , GPA 1999-01 (August 16, 1999) GPA 1996-04 (October 5 1998) 2004-03 (February 2, 2009) GPA 2006-01 (May 5, 2008) the voters of Santa Ana) GPA 2004-04 (July 19, 2004) GPA 2001-02 (January 7, 2002) GPA 2000-09 (May 7 2001) , GPA 199&05 (September 21, 1998) GPA 199 M GPA 2007-02 (June 18, 2007) GPA 200406 (July 6, 2004) , GPA 2000-08 (February 5, 2001) 3-01 ( ay 4, 1996) GPA2007-01 (March 19, 2007) GPA 2003-02 (June 16, 2003) GPA 2000-03 (pecember4, 2000) EXHIBIT 9 Pa 5b-19 g a O M c ? O E °c N G f - N -p ? ? f ? ? ? ? O O a O ca J C (p J D N W O N C1 U3 N Q N. N 'A N O C O O O a - 9i r o 0 0F-+i \ V/ f A S? O' U a? c W L o L co E m .2 a _ FL w o c? N M =5 ?< Z 8 £ cN p£o??E 'Fr Cc6 N O ? 42 Y Y29 i'?pL V C?rvm g?<14&g c JCSYh ?394I UF680 xz ry-3e?o4IK2 t 75D-21 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTIES LOCATED AT 1306-1312 WEST SANTA ANA BOULEVARD FROM SINGLE-FAMILY RESIDENCE (R1) AND BRISTOL STREET SPECIFIC PLAN (SP-1) TO GENERAL COMMERCIAL (GC) (AA NO. 2011-01) 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 Applicant is requesting adoption and approval of Amendment Application No. 2011-01, General Plan Amendment No. 2011-02, and Variance No. 2011-06 to allow a new medical office building at 1306-1312 West Santa Ana Boulevard. B. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2011-01. 2. Adopt a resolution approving General Plan Amendment No. 2011-02. 3. Adopt a resolution approving Variance No. 2011-06 as conditioned. C. Amendment Application No. 2011-01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 6, 2011, to consider all testimony, written and oral. D. Amendment Application No. 2011-01 has been filed with the City of Santa Ana to zone a portion of the property located at 1306-1312 West Santa Ana Boulevard from Single-Family Residence (R1) and Bristol Street Specific Plan (SP-1) to General Commercial (GC). E. Amendment Application No. 2011-01 is consistent with the General Plan, including but not limited to its goals and policies: 1. The project will assist in promoting a balance of land uses that address community needs, as the residences in the area will continue to be served by a medical clinic that has been serving the local community for over 60 years. 75D-22 2. The project will promote land uses, such as professional and medical office uses, that will enhance the economic and fiscal viability of the City through an increase in property and sales tax. 3. The project will preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site. 4. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts. 5. Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services. 6. Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity. 7. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1306-1312 West Santa Ana Boulevard is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 6, 2011, accompanying this matter. For these reasons, and each of them, Amendment Application No. 2011-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. General Plan Amendment No. 2011-02 and Variance No. 2011-06 came before the City Council on June 6, 2011. This ordinance incorporates by reference, as though fully set forth herein, the General Plan Amendment and Variance in support of this ordinance and the findings made herein. Section 2. The real property located at 1306-1312 West Santa Ana Boulevard is hereby zoned from Single-Family Residence (R1) and Bristol Street Specific Plan (SP- 1) to General Commercial (GC). (AA No. 2011-01) Amended Sectional District Map number 11-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated June 6, 2011, and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. 7501-23 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. ADOPTED this day of 12011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 75D-24 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 75D-25 ° WESTMINSTER (17TH ST.) AVE. //////////// I L + ,° R2 to-sm T Cl :• :,,. C1 ? ice- - a11-1.11-1-1-1 a-s-la C2 / BE - R? ej R1 ftl R2 R2 3aR3 R1 PAP/ R2 n5 , R?W F- ??/ RI R1 R1' 0 al yP R1 s R3 R2 RI MR1Ar rv. MA HA R ~1 3 R1 I ,« R1 Rl R2 R1 RI g' R1 RI R7 R1 ?f Svti A ITH IT a R1 R1 R1 R1 3 R1 = R1 R1 va I.. IT 1 ITH ST R2 3 RI R1 R1 e' -- wTH sT o R2 Ri I Rl Ri R7 RI N 0 IT11 11 w R2 ,,.: ----_ R1 Rt Y n RI. R1 sr-I R1 ACO Rt I --CIVIC CENTER DR R2 R1 R1 at..? Rl R1 R ?„ Rl w f. Q Rl w H t i RI R2 R2 R2 a1 Rl : sP-, <c M1 R2 § - R2 = R2 R2 R2 R2s:W HST SD-82 -«. Rz Rz Ml M1 D M1 Rl Rl a R1 3 RI Nt -" sD-6t Cl ;. a 'a a -, zP-, F L Sn15T -- o R1 CI N Rt R CI 0 C2 'M1 M1 ° .: ,. : M1 T-- --SANTA ANA 7 - EE. - Ml R1 R1 C C1 R1 Q N: 11 R2 4 R2 _` SD-17 R2 ' • R2 a Y R2 . n J C IT M1 1RD ........_-_ _ . N C2 R2 R2 •? = CI M1 r.?. C R3 R2 R2 ? R2 R2 R2 R2 RZ a. M 7 a ml g I y _ 1M1 R2 R2 R2 R2 F 1 ? C Em I m-S16 osm C2 CZ '•" C2 C2 - Ct G1 CR c e + } ?- ,55.,9 ?-s1u FIRST ST. Zoning Districts SECTIONAL DISTRICT MAP 11-5-10 SCALE IN FEFT ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17,1959 BY ORDINANCE NS-394 0 loco 60- Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT MINIMUM FRONTAGE -6000 MINIMUM LOT AREA -8 PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT THNMAP 15 THE OFFICIAL SECTIONAL Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SINGLE-FAMILY RESIDENCE DISTRICT MAP OF THE-of SANTA ANA. Cl-MD COMMUNITY COMM ERCIAL-MUSEUM DISTRICT Mi LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE AS AUTHONIZED By CITY COUNCR RESOLInaNNO. 14.163.DnTED IIIP)4.i C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE HEREBY-ESTTHATTHISMAPISATRDE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT COPYOFTHE ORIGINAL SECTIONAL DI5TRICT MAP NO .'.1 s ,o C3-A CENTRAL BUSINESS- ARTISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE s C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT la .e InvTREYINO C5 ARTERIAL COMMERCIAL P PROFESSIONAL 5P SPECIFIC PLAN PLANH 4GUn ouaoiini ?ceNCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CerElhc.,te UU,p M0Y 9, 100] RfS.I AA. / AN%. N0. ORD ! RES. N0. ADOPTED DATE RCS.!AA./AN%. NO. AA 1019 AA 1051 AA 1052 AA 1067 AA- AA 0003 PA OI-0I AA01-8 A04-3 058 A 041 ORO./Rfs. NO NS-1036 NS113) NS-2119 N51118 NS-1]91 NS-1451 N52a65 NS1515 51658 N -1)06 ADOPTfO DAL[ 1110.89 I-1]91 8-1491 IIB-94 63-96 10-16°0 4.16-01 916-01 -1G-04 I 9-05 Pending R-AA./AN-IT 5241 53G1 Sa43 Sa56 5481 54A8 5508 5501 5513 5519 5649 5796 5810 823 6936 5958 6036 6044 AA 756 AAMI AAEO4 AA958 A%b AA966 ORD;RES. NO NS-El NS-7 NS -46o 5-0]0 NS-a99 NS 510 Ivy-52] N5526 NS-534 N1-540 N5691 N1-867 NS-899 N5901 ---? NS lOJ9 NS-11)1 N51193 NS-1308 111619 NS ,)0) N5185] 51914 N51944 A."'. DATE 11159 C-18-60 dl 60 103-60 1 1041 3641 9)-GI 97 fil 921b1 112-tit 11-0!3 3GbJ 13>fiJ 12-4-6J 31]-69 53)1 ]2-J3 111)13 3I-JJ 5-1-83 9-1)$A 7186 -2687 ,211-R7 SECTIONAL DISTRICT MAP - 11-5-10 - PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 75D-26 REVISED 9/24/08 Exhibit A 1 ? I J ROH - 06/06/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2011-02 AND APPROVING VARIANCE NO. 2011-06 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE PROPERTY LOCATED AT 1306-1312 WEST SANTA ANA BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting General Plan Amendment No. 2011-02 to amend the General Plan to change the westernmost parcel, located at 1312 West Santa Ana Boulevard, from Low Density Residential (LR) to General Commercial (GC) to coincide with the other five parcels. B. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2011-02. C. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to General Plan Amendment No. 2011-02. D. The Council finds that General Plan Amendment No. 2011-02 is consistent with the General Plan, including, but not limited to, its policies and goals to promote a balance of land uses that address community needs, promote land uses that will enhance the economic and fiscal viability of the City through an increase in property and sales tax, and preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site. E. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests - including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services - and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these Resolution No. 2011-XXX Page 1 of 6 75D-27 guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. F. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2011-02 is consistent with the purpose of the general plan. G. Applicant is requesting approval of Variance No. 2011-06 to allow a reduction in landscaped setbacks for a new medical and professional office building at 1306-1312 West Santa Ana Boulevard. H. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving Variance No. 2011-06. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to Variance No. 2011-06. Variance No. 2011-06 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district. Section 41-368 of the Santa Ana Municipal Code requires a fifteen (15) foot front and side yard landscaped setback if the yard abuts a public street in the C1 district. K. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Resolution No. 2011-XXX Page 2 of 6 75D-28 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property as the site will be developed in compliance with all applicable codes. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Further, the proposed building will not generate operational impacts to surrounding properties. Finally, the building will comply with the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed building was designed in conformance with City Zoning, Development and General Plan requirements. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. Resolution No. 2011-XXX Page 3 of 6 75D-29 L. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009-187 will be filed for this project. Section 2. The City Council hereby approves General Plan Amendment No. 2011-02. The amendments to the Circulation Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 6, 2011, and exhibits attached thereto, and the public testimony written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2011-XXX Page 4 of 6 7501-30 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011-XXX 7501-31 Page 5 of 6 Conditions for Approval for Variance No. 2011-06 Should the City Council approve Variance No. 2011-06, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2009-65 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The required trees shall be upgraded to 36-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 5. Vine pockets are required to be added along all perimeter block walls for the property. B. Police Department 1. The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit A Resolution No. 2011-XXX Page 6 of 6 75D-32