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Home My WebLink About75B - PH -2011 N GRAND AVENUEREQUEST FOR COUNCIL ACTION DECEMBER 16, 2013 TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -01 TO REZONE NINE PROPERTIES FROM SINGLE - FAMILY RESIDENCE (1111) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE — CITY OF SANTA ANA, APPLICANT CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2013 -01. PLANNING COMMISSION ACTION On November 25, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013 -01 by a vote of 5:0 (Crespo and Gartner absent) to change the zoning designation of nine properties from Single - Family (R1) and Two - Family Residential (R2) to Arterial Commercial (C5) for the properties located at 1729 through 2011 North Grand Avenue. The Planning Commission made no changes to the attached staff report (Exhibit A). DISCUSSION This action rezoned nine properties that previously had zoning that was inconsistent with the General Plan land use designation of General Commercial. This zoning clean -up was necessary in order to allow for the re -use of the property for commercial purposes and was undertaken in anticipation of the construction of a new Auto Zone store. FISCAL IMPACT There is no fiscal impact associated with this action. IG . Trevino Exe utive Director Planning & Building Agency AN:rb an\ wp51 \plancomm\AA2013- 01AutoZone.cc Exhibit: A. Planning Commission Staff Report 7513-1 75B -2 �x s7:a PLANNING COMMISSION MEETING DATE: NOVEMBER 25, 2013 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR AMENDMENT APPLICATION NO. 2013-01 TO REZONE NINE PROPERTIES FROM SINGLE - FAMILY RESIDENCE (111) AND TWO- FAMILY RESIDENCE (1112) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE Prepared by Ann Hsin -An Ni =xecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Child care (1963) ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO c1 LZa w t 6"C" ra Planning Mana er� Recommend that the City Council adopt an ordinance approving Amendment Application No. 2013- 01. Request of Applicant The City of Santa Ana is requesting approval of an amendment application to change the zoning designation of nine properties located at 1729 to 2011 North Grand Avenue from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). Project Location and Site Description The nine subject properties are located on the east side of Grand Avenue between Seventeenth Street and Santa Clara Avenue. Table 1 below describes the address, lot size and current use of the nine properties. Table 1 Address Lot size Current Use (Year Built) 1729 North Grand Avenue 0.40 acres Animal hospital (1957) 1735 North Grand Avenue 0.38 acres Child care (1963) 1745 North Grand Avenue 0.77 acres Office building (1963) 1805 North Grand Avenue 0.77 acres Auto repair (1970) 1821 North Grand Avenue consist of three parcels) 0.37 acres Restaurant (1970) 2003 North Grand Avenue 0.35 acres Single- family (1920) 2011 North Grand Avenue 0.42 acres Single- family (1952) EXHIBIT A 75B -3 Amendment Application No. 2013 -01 November 25, 2013 Page 2 The sites are surrounded by a public school to the north, a mixture of single- family residential and a public school to the east, and commercial uses to the west and south (Exhibits 1, 2 and 3). Project Description The City of Santa Ana proposes to change the zoning designation of nine parcels from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). This "clean -up" action will create consistency between the properties' zoning designations and General Plan Land Use designation of General Commercial and will create consistency between the zoning and the commercial land uses that occupy the majority of properties that comprise the entire project site. Proiect Background From 1957 through 1970, four separate variances were approved (VA No. 57 -889, VA No. 63 -1801, VA No. 70 -7 and VA No. 70 -42) to allow a variety of commercial uses on these Single - Family Residence (R1) and Two - Family Residence (R2) zoned parcels, as shown in Table 2. Table 2 Address Variance No. Proposed use Zoning 1729 North Grand Avenue VA 57 -889 Animal Hospital R2 1735 -1745 North Grand Avenue VA 53 -1801 Enlar a school and construct office building R1 1801 North Grand Avenue VA 70 -7 Auto and tire sales and service R1 1821 North Grand Avenue VA 70 -42 Restaurant/Pie shop R1 The existing R1 and R2 zoning designations on the subject properties have been in place since at least 1959. At that time, the properties had a General Plan Land Use designation of Low Density Residential (LR7), In 1998, the City Council, as part of its comprehensive update to the General Plan Land Use Element, changed the properties' land use designation to General Commercial (GC). At that time, the zoning designations of the subject properties were not changed to be consistent with the new General Plan Land Use designations; however, this is consistent with other properties citywide whose zoning designations were left inconsistent with their new land use designations. From time to time, the City receives applications for or interest from developers in projects on properties whose zoning designations are inconsistent with the land use designations. In such cases, the City takes the lead to initiate "clean -up" actions to facilitate development on such properties that are consistent with their land use designations. Most recently, the City initiated Amendment Application No. 2013 -3 for the Kia Suzuki Depot dealership located at 909 North Grand Avenue, whose zoning was Multiple - Family Residence (R3) but whose General Plan Land Use designation was General Commercial (GC). 75B -4 Amendment Application No. 2013 -01 November 25, 2013 Page 3 AutoZone is proposing to develop a 7,370 square foot retail store on the parcel at 1735 North Grand Avenue. This application, DP No. 2011 -27, is being reviewed ministerially by staff. The current zoning designation for this property is Single - Family Residence (R1) which does not allow retail sales, while the General Plan land use designation is General Commercial (GC). Retail sales are permitted by right within the Arterial Commercial (C5) zoning district, with the AutoZone project able to move forward if the zone change is approved. General Plan and Zoning Consistency The subject site contains nine properties that have a General Plan land use designation of (GC), which allows for commercial uses such as the existing animal hospital, office, restaurant and auto servicing uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City such as Grand Avenue. Properties along the General Commercial corridors provide commercial and /or service uses accessible from the City's major arterial streets, such as Grand Avenue. The type of uses found in the General Commercial corridors support residents and visitors of the City. The subject parcels are zoned Single - Family Residence (R1) and Two - Family Residence (R2), which allow single- family and two - family dwellings. These designations are not consistent with the current land use designation of General Commercial (GC), which has been in place since 1998. Approval of the amendment application will create consistency between the zoning designations and the General Plan land use designation. Proiect Analysis The inconsistency between the subject sites' General Plan Land Use designation and the zoning has impeded past development interest on the project site, the most recent of which has been by Auto Zone which proposes to construct a retail store at 1735 North Grand Avenue. The inconsistency between the zoning designations, which allow residential uses, and the commercial land use designation prohibits future development of the site. To facilitate commercial development and to create consistency between the land use and zoning designations, an amendment application is needed to change the zoning of these properties from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5)(Exhibit 4). The existing R1 and R2 zoning of these properties are intended to facilitate the construction of residential development on these sites, such as single- family dwellings and duplexes, The R1 and R2 zoning designations have been in place since at least 1959 with a consistent Low Density Residential (LR7) General Plan land use designation. In 1998, the City approved a citywide General Plan amendment, with the land use designation for these properties changed to General Commercial (GC) to be consistent with land uses found on major arterial streets. 75B -5 Amendment Application No. 2013 -01 November 25, 2013 Page 4 The majority of the subject properties were entitled between 1957 and 1970. Four land use variances were granted to allow a variety of commercial uses, including the construction of an animal hospital, office building, auto and tire sales and service, restaurant and expansion of a school. These uses have remained at their locations and have been serving the community since the approval of the use variances. Land use variances are no longer permitted in California, and as such, local jurisdictions may not issue such entitlement to allow uses that might be inconsistent with the zoning code or a land use designation. AutoZone is proposing to construct a retail store to replace the school /childcare use on one of the sites. The current R1 zoning designation prohibits the use of the site for commercial purposes; therefore, an amendment application to change the zoning designation is required to facilitate the proposed AutoZone project as well as any future commercial development on the adjacent properties. Staff recommends approval of the amendment application for several reasons. First, the rezoning of the site will create consistency between the zoning and the General Plan land use designation. The C5 zoning designation will provide property owners clear direction in regards to potential land uses, future development opportunities and development standards for these properties. Secondly, these sites are physically suitable for commercial uses. The majority of the sites are currently developed with commercial uses, These sites are located on Grand Avenue, which is an arterial street that serves as a major commercial corridor in the City and has easy access to the Santa Ana (1 -5) Freeway, which makes commercial uses ideal. Thirdly, the rezoning of these sites will make the majority of the existing land uses conforming to the proposed zoning designation. Currently, the animal hospital, office building, auto and tire sales and service and the restaurant are not permitted in the R1 or R2 zoning districts, which makes these uses legal non- conforming. The rezoning of the site will bring the commercial land uses into compliance with the zoning code and will allow future improvements to be made to these sites. If the residential zoning designation were to remain, these sites would still be occupied by commercial uses, but future developments and improvements would be restricted. The legal non - conforming provision of the code would limit work on these sites to maintenance and would preclude extensive rehabilitation, expansion or new development. Moreover, these SAMC provisions would allow the current residential uses at 2003 and 2011 North Grand Avenue to continue, allowing the property owners to continue to maintain their properties, but would also preclude any residential expansion on their properties. Public Notification The subject properties are located within the boundaries of the Portola Park Neighborhood Association, which was notified of this project. Staff presented the project at their Association meeting on September 18, 2012. At that meeting, the Association and the adjacent property owners expressed support for the proposed project. The individual property owners were contacted regarding the proposed zone change. The project sites were posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 75B -6 Amendment Application No. 2013 -01 November 25, 2013 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per 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. 2011 -69 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. 2013 -01. -- Z? Ann Ni Associate Planner AN:jm anlwp511plancammWA13 -01 AutoZona pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Zoning Map 75B -7 Vince Fregoso, A P Principal Planner I RI Aµ1 'AI Rl I a RI Ri C5 C5 IRI KI AI M RI RI RI Al Rl Al Al Rl 0 At Ri an RI z C4 Al Al PRO IF S c I R I [:�P[ Ep cs + Ill CS cs C5 cs R) RI ?Iitq C5 Gs R1 R1 RI a s RI RI cs C5 Rl Rl MTq Mx 0 IqNq Rl RI um'o, ni I o R3 o Al M LAGROJLTUMLI m WMMUUALI DEOAL RI SNGMFWlLYFMD L -B FARONOMMIRCATION GC WVEMMENTCW R m T%OFAMILY( DENCE M MMMMALMMMAIN mi LlG INDUSMAL Ri MULTROMSWMULTIRE cl 00MMUNITYCOMMERCAL M2 HgWINOUSMAL FAMILYK OMCE Cl MD COMM. 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N 0 A G E N -CY EXHIBIT 1 VICINITY MAP 75B-8 SCHOOL 17TH COM ERCIAJ I p d V STREET COMIMERCIAL AA 2013 -1 CITY OF SANTA ANA & r 1 Q�� 729 -2011 NORTH GRAND AVENUE 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 75B -9 O O O tE E V W W w w p w SING FA LY RES ENCE w i LL Q J J 'W J J `� -w V l7 COMMERCIAL -d- v V1 LL � C _ VI 17TH COM ERCIAJ I p d V STREET COMIMERCIAL AA 2013 -1 CITY OF SANTA ANA & r 1 Q�� 729 -2011 NORTH GRAND AVENUE 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 75B -9 ��y �� "� � �. �- � �° ��G. ,��,:�, �o ,- x �. �• 1,. ,_ i :•;' 1 Yj- t � �' s t O {V Q \� :1 .'.. ij ® � �� i 1 i e �; F♦ ',�.;,.` 4 CUVAJNS� AV g ev g Al Al F tl R1 R1 3 R1 °vx. Al + x aA iu.x+w At 'R11 g R1 R1 t sr ar SIS15i AI RI RI _ Al n ' Al sr RI mIx'_ R1 R1 R1 C! Q _ um zT p1 R1 l R1 i ®'Z R1 R1 P g R V C6 4 17TH ST 4 pg 3 } $ FAIRHAVEN AV Q Z NnEEaur w. D LROyfiI.q.M Sr Al - ".AV 8 P Al s+.vrAEWU +r mua 4_ BAllri. 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CALIFORNIA 114411 Y� aEeTNE05aroF A ull SECTIONAL , A A PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA. CALIFORNIA aEeTNE05aroF A ull ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING NINE PROPERTIES LOCATED BETWEEN 1729 AND 2011 NORTH GRAND AVENUE FROM SINGLE - FAMILY RESIDENCE (R1) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2013 -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. Amendment Application No. 2013 -01 has been filed by the City of Santa Ana to change the zoning district designation of certain real property located at 1729 to 2011 North Grand Avenue from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). B. This clean -up action re -zones nine parcels in order to create consistency between the properties' zoning designations and General Plan land use designation of General Commercial (GC) and will create consistency between the zoning and the commercial land uses that occupy the majority of properties that comprise the entire project site. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on November 25, 2013, on Amendment Application No. 2013 -01 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -01, which is consistent with the General Plan. D. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on December 16, 2013. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated December 16, 2013 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2013 -01 is hereby found and determined to be consistent with the 75B -13 General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per 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. 2011 -69 will be filed for this project. Section 3. The real property located at 1729, 1735, 1745, 1805, 1821, 2003, and 2011 North Grand Avenue in Santa Ana is hereby reclassified from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). An amended Sectional District Map, 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. Section 4. 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 , 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney 75B -14 Miguel A. Pulido Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: 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 75B -15 75B -16 aEECxw 9 � AXiP C4A .OIIALO AV 3 II-IIINIIN AV All Fauugx AV — _RFnuvs -n nv OoosT R1 R1 Al AIEI�.OIT I _eEECmtcoo zr Rt Rl $ All v R Rl .. i € o' Al a R1Ex ST mAV o L Acwusv R1 Al R1 C6 RA R1 o AVUax•v € Al 0 Al A.AV All i R1 Al RI Paaicu Av All srsT Sr Al— R1.. RI 3, e1WA PV 3 R1 ll tl Ri A' sT %A1 At_ IT Rl Rl Rl $ rsTH ST All C5 3 Rl ST QRi R1 O REErvrwoP Av urR Sr ., Z 'G Rl E CxSs � R1 ' Ct 'g. P P P C 17TH ST Al FAIRHAVEN AV Q Z -R• � HIE-1— H cxov[rnorvi sr FRnxzex AV o P CS Al s CU AV _ sAOTACUR FFALO PV is Rl R1 euEEAc I$ -AVUCx AV • M Cs wuox AV 6'. Rl 9 Rl AVALON Rl K $i4 Al GPV Pxxo PV '£I R1 PH 3 wAv R1 I cdRt GPTJWNP AV EARRl IN Rt R1 I '31 Rl icxrmoo Lx Cs F Rl Ri I wRrvGOO Lx P Ri Q Al Al - _ IT _Z , 3- vTH ET 3 - -- I- ° Al N d R1 C6 ': p O 17TH ST CS Cs CS Al V$ CATALINAAV SECTIONAL DISTRICT MAP 5 -5.9 A ADOPTED BYTHE SANTAANA CITY COUNCIL, JUNE 1. 1959 BY ORDINANCE NS 373 SLATE Iry FEEr FAtRHAVEN AV 0 PREPARED BY 0l CITY OF SANTA ANA, CALIFORNIA 66 Mum FRO � E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT Al Rl PLANNED DEVELOPMENT -6000 A, N: UM LOT AREA Q PARKING MODIFICATION -F FLOORAREARATIO PRO p ; R• kt x�cax wv PAyrw GC Q'r 'R2 Al RI DISMICTMAPOIFTHEMWGFSAx ANA.. C14D Y Mt LIGHTINDUSTRIAL R2 TVJO- FAMILY RESIDENCE CD - ._. CI M2 E R3 GVOVEx TIT RI KIAEar ArlE Tr.THIGIMPISATRUE G CENTRALBUSINESS MO Rl Rd SUBURBAN APARTMENT PxO.sss. 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Rl 9 Rl AVALON Rl K $i4 Al GPV Pxxo PV '£I R1 PH 3 wAv R1 I cdRt GPTJWNP AV EARRl IN Rt R1 I '31 Rl icxrmoo Lx Cs F Rl Ri I wRrvGOO Lx P Ri Q Al Al - _ IT _Z , 3- vTH ET 3 - -- I- ° Al N d R1 C6 ': p O 17TH ST CS Cs CS Al V$ CATALINAAV SECTIONAL DISTRICT MAP 5 -5.9 A ADOPTED BYTHE SANTAANA CITY COUNCIL, JUNE 1. 1959 BY ORDINANCE NS 373 SLATE Iry FEEr DISYR14CT OW PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 66 Mum FRO � E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -6000 A, N: UM LOT AREA -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT Txls wars THE wr¢uL SacnowL Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE - FAMILY RESIDENCE DISMICTMAPOIFTHEMWGFSAx ANA.. 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