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HomeMy WebLinkAbout02-11-19_AGENDA PACKETPLANNING COMMISSION AGENDA 1 February 11, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA FEBRUARY 11, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative DAVID BENAVIDES Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Prior to the meeting: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3:00 p.m. the day of the meeting; emails received after said time will not be distributed to the Commission but will be on file for public viewing the day after the meeting. During the meeting: If you wish to comment on any item on the Agenda, please complete and submit a Request to Speak form to the Commission Secretary before the agenda item is considered. Request to Speak forms will be available at the meeting. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Lisa E. Storck Legal Counsel Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA 2 February 11, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a cours e that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is im plemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda: An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa-ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Commission. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. See information for Speaker’s Card/Request to Speak on the first page. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41- 644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decis ion by the City Council. An appeal from the decision or requirement of the Planning Commission must be filed with the Clerk of the Council and a copy sent to the Planning Department within ten days of the date of the Commission’s action. The appeal may be made by any interested party, individual or group. Submittal of information for dissemination or presentation at public meetings: Media Types and Guidelines 1. Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. 2. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. 3. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is as ked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. PLANNING COMMISSION AGENDA 3 February 11, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF JANUARY 28, 2019 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 4 February 11, 2019 PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2018-27 TO ALLOW AN AUTOMATED CAR WASH, AND VARIANCE NO. 2018-13 TO ALLOW A DRIVEWAY WITHIN 150 FEET OF AN INTERSECTION FOR THE PROJECT LOCATED AT 1703 E. 17TH STREET IN THE ARTERIAL COMMERCIAL (C-5) ZONING DISTRICT. LEON FELUS, APPLICANT {STRATEGIC PLAN NOS. 3, 2}—Ali Pezeshkpour, Case Planner. Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15303 of the CEQA Guidelines – Class 3/urban infill exemptions. Legal noticed published in the Orange County Reporter on February 1, 2019 and notices mailed on February 1, 2019. The applicant has requested the matter be continued. RECOMMENDED ACTIONS: Continue the matter until February 25, 2019. 2. ZONING ORDINANCE AMENDMENT NO. 2019-01 TO AMEND THE ZONING DISTRICT KNOWN AS SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO ALLOW SCHOOLS TO OPERATE WITHIN THE SD-82 ZONING DISTRICT. THIS ACTION WILL ALLOW VISTA HERITAGE CHARTER SCHOOL TO OPERATE AT 2609 W. FIFTH STREET – RED HOOK CAPITAL PARTNERS III, LLC, APPLICANT {STRATEGIC PLAN NOS. 3,2} — Vince Fregoso, Case Planner. Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15332 of the CEQA guidelines. Legal noticed published in the Orange County Reporter on February 1, 2019 and notices mailed on February 1, 2019. RECOMMENDED ACTIONS: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2019-01. * * * END OF BUSINESS CALENDAR * * * BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 5 February 11, 2019 * * * END OF WORK STUDY CALENDAR * * * 3. NEIGHBORHOOD IMPROVEMENT PROGRAM PRESENTATION ON PROGRAMS AND ACTIVITIES IN FEBRUARY 2019. COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting is scheduled for Monday, February 25, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  2841 W McArthur Blvd. #B_ Type 41 alcoholic beverage control (ABC) license for the on premise sale of beer and wine, at a bona fide public eating establishment.  1010 N Tustin Ave_ Calvary Church of Santa Ana is requesting approval of a master plan to allow the various uses on their chu rch campus. In conjunction with the request, Calvary Church is requesting approval of a specific development plan for their campus.  1514 N. English Street_tentative tract map in order to subdivide two lots into six lots that will allow the construction for six new single-family residences.  2250 E. 17th Street_ facilitate the construction of an eating establishment with a drive-through window service  Vehicle Miles Traveled Resolution_ In accordance with SB 743, adopt thresholds of significance for VMT which is the new metric in evaluating future CEQA traffic impacts WORK STUDY SESSION All matters listed under the Work Study Session are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. This page left blank intentionally. 1 PLANNING COMMISSION MINUTES January 28, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA January 28, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair ANGIE CANO KENNETH NGUYEN LYNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE DAVID BENAVIDES STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): Dalve Helvig: Thanked commission for recommending that City Council deny the project proposed at 2525 N. Main Street. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items: A-B. *Items highlighted in yellow were pulled for separate action. A. MINUTES FROM THE REGULAR MEETING OF JANUARY 28, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Verino A-1 2 PLANNING COMMISSION MINUTES January 28, 2019 VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Alderete and Benavides MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. TENTATIVE PARCEL MAP NO. 2018-03 AND SPECIAL USE PERMIT NO. 2018-01 TO ALLOW THE SUBDIVISION OF AN EXISTING 9.98-ACRE PARCEL INTO SIX AIR-RIGHT CONDOMINIUM UNITS LOCATED AT 1920 E. DEERE AVENUE – LUKE CORSBIE, APPLICANT. Pursuant to the California Environment Act (CEQA), the project is categorically exempt per Section 15301 of the CEQA guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Case Planner Ivan Orozco provided a presentation which included a description of the project, project background and project analysis. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. A-2 3 PLANNING COMMISSION MINUTES January 28, 2019 MOTION: 1. Adopt a resolution approving Tentative Parcel Map No. 2018-03 (County Map 2017- 155), as conditioned. 2. Adopt resolution approving Special Use Permit No. 2018-01, as conditioned. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 2. CONDITIONAL USE PERMIT NO. 2018-25 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-02 TO ALLOW AFTER-HOURS OPERATION AT JUGOS ACAPULCO WITH WINGS RESTAURANT LOCATED AT 307 E. FIRST STREET, UNITS 1-A, 1-B AND 1-C – CONCUELO ARREDONDO, APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15301 of the CEQA Guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Chair McLoughlin disclosed that Jill Wallace contacted him regarding the matter. Case Planner Jerry Guevara provided a presentation which included a description of the project, project background and project analysis. Commission discussion ensued regarding on premise security, site plan, outdoor patio, homeless persons in the surrounding area, hours of operation, and hours for sale of alcoholic beverages. The applicant spoke in support of the matter and addressed concerns rega rding security and operation plan for the selling of alcoholic beverages. Written communication in support of the matter was received by the following individuals:  Rose Ann Kings  Chris Williams Written communication in opposition of the matter was received by the following individuals:  Michael Gailings  Javier Saenz A-3 4 PLANNING COMMISSION MINUTES January 28, 2019 Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. Commissioner Nguyen motioned to approve the matter as recommended by staf f; it was seconded by Commissioner Cano. Commissioner Verino expressed concern with the sale of alcohol, security, and outdoor patio furniture. Following discussion, Commissioner Verino moved to amend the original motion. Commissioner Nguyen accepted the amendm ent. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018 -25 and Conditional Use Permit No. 2019-02 as conditioned, with the following added conditions: limit the sale, service and consumption of alcohol from 11:00 a.m. to 9:00 p.m.; require an on- premise security guard during the sale, service and consumption of alcohol; and require outdoor furniture to be removed from the patio during non- business hours. MOTION: Nguyen SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 3. CONDITIONAL USE PERMIT NO. 2019-26 TO ALLOW A DRIVE-THROUGH LANE AND VARIANCE NO. 2018-12 TO ALLOW A REDUCTION IN REQUIRED STREET -SIDE SETBACKS AND A DRIVEWAY WITHIN 150 FEET OF A STREET INTERSECTION FOR A NEW RESTAURANT BUILDING LOCATED AT 2701 NORTH GRAND AVENUE– AMIR HOURIANI, APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is categorically exempt per Section 15303 of the CEQA Guidelines – Class 3/urban infill. Legal noticed published in the Orange County Reporter on Ja nuary 18, 2019 and notices mailed on January 18, 2019. Case Planner Ali Pezeshkpour provided a presentation which included a description of the project, project background and project analysis. The applicant spoke in support of the matter. Chairperson McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. A-4 5 PLANNING COMMISSION MINUTES January 28, 2019 MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2018-26 as conditioned to allow drive-through window service; and 2. Adopt a resolution approving Variance No. 2018-12 as conditioned to allow for: a. A reduction in required landscape setbacks; and b. Utilization of two existing driveways within 150 feet of a street intersection. MOTION: Nguyen SECOND: Verino VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 4. CONDITIONAL USE PERMIT NO. 2019-01 TO ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY, 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE, AND MINOR EXCEPTION NO. 2019-01 TO ALLOW THE TWO-STORY COMMUNITY SERVICE BUILDING TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 27 FEET BY 5 FEET, 5 INCHES, FOR A TOTAL HEIGHT OF 32 FEET 5 INCHES. THE PROJECT ALSO INCLUDES DEMOLITION OF FIVE EXISTING SINGLE-FAMILY HOMES AND CONSOLIDATION OF THE LOTS INTO ONE PARCEL – MARIAM SOLIMAN APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15332 of the CEQA Guidelines - Class 32 In-Fill Development Projects. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Case Planner Selena Kelaher provided a presentation which included a description of the project, project background and project analysis. Commission discussion ensued regarding site access, conditions of approval, parking, and neighborhood concerns. The applicant spoke in support of the matter. Reported that the current facility is in poor condition and the proposed project will greatly be nefit the congregation. Also reported that Church has been working with neighborhood to address concerns regarding parking. Written communication in support of the matter was received by the following individuals:  Martha Tadross  Atef Tadross  Joseph Qest & Mina Milad  Frank Hernandez  Mary Tadros  Gabriela V. Mattar  Sabri Rizkalla  Isis Tadros  Shery Assal  Raphaela Sefine A-5 2 PLANNING COMMISSION MINUTES January 28, 2019  Maryam Antoun G. Kassab  Sameh Armanios  Remonda Morcos  Victo Armanios  Tu Nguyen Written communication in opposition of the matter was received by the following individuals:  Patricia Wells  Royal & Julie Melcher  Debbie Zuver  Petra Vetter  Anh Truong Chair McLoughlin opened the Public Hearing. Those in support of the project indicated that the congregation currently gathers in the basement for bible study and other events. However, the basement is not ideal as there are no windows and it often floods. It was asserted that the proposed expansion will greatly benefit all members of the congregation by creating a proper setting for bible study, activities, and church events. The below individuals spoke in support of the matter.  Mark Moussa  Sam Armanios  John Saddik  Sara Selwanes  Daniel Hanna  Debbie Jarin Said  Mark Malek  Andrew Messiha  Patrick Ghobry  Joseph Girgis  Mark Fanous Those in opposition to the project expressed particular concern with the overflow parking into the adjacent neighborhood and increased traffic generated by the Church. Concern was also expressed regarding speeding, double parking, and project design (building mass and the concrete wall along the project site), littering, and noise. It was asserted that the Church has not been a good neighbor; it has not worked with the community to mitigate concerns and it does not maintain the church-owned property located in the neighborhood. Further, the proposed project will negatively affect the character of the neighborhood, The below individuals spoke in opposition of the matter.  Amy De La Fuente  Linda Becerra  Joan Todisco  Rolf Vetter  George Vetter  Irma Ramirez  Judy Stevenson  Debbie Zuver  Lorena Velarde Acuesta  Rose Velarde A-6 2 PLANNING COMMISSION MINUTES January 28, 2019 There were no other speakers and the Public Hearing was closed. The applicant spoke further in support of the matter and provided additional information regarding the Parking Management Plan and other measures taken by the Church to address neighborhood concerns. Commission discussion ensued regarding the Church’s mitigation efforts regarding neighborhood concerns and the alleged conditional use permit violations regarding the use of sporting equipment in the parking lot area. The Commission generally agreed that it is in the best interest of both parties to attempt to work together to resolve the issues. MOTION: Continue the matter for six months MOTION: McLoughlin SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) ***END OF BUSINESS CALENDAR*** COMMENTS 5. STAFF COMMENTS: Executive Director Thai reviewed the memorandum provided to the Commission regarding Subcommittees and Work Study Sessions. 6. COMMISSION MEMBER COMMENTS Commissioner Nguyen  Encouraged everyone to attend the TET Festival in Little Saigon. 8:33 P.M. ADJOURNMENT –The next regular meeting is scheduled for Monday, February 11, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-7 This page left blank intentionally. 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 EXHIBIT 1 2-9 This page left blank intentionally. 2-10 1 LS 2.11.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council, by Ordinance No. NS-2777, adopted October 20, 2008, rezoned property located at, and adjacent to, 2501 West Fifth Street, more specifically described in said ordinance, to Specific Development Plan No. 82 (SD-82) for such property. B. It is now desired to allow schools as a permitted use within the SD-82 zoning district, define “schools”, and adopt operational standards for schools to minimize any impacts resulting from their presence in the SD-82 district. C. On February 11, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-01. D. The City Council, on March 5, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-150.5. – Reserved Schools. A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military 2-11 2 academies, but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The following uses are permitted in the SD-82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi-finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments where the primary trade is business-to- business sale of products, supplies and equipment. 2-12 3 (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (l) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. 2-13 4 (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Schools 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. 2-14 5 (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (l) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be 2-15 6 architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on- site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (d) Lighting Standards/fixtures: A minimum of one-foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards a) School bus drop-off and pick-up areas shall be limited to the front of the building only. b) Student drop-off and pick-up areas (vehicles) shall be limited to the rear of the building. The easterly driveway adjacent to Templo Calvario shall be the only driveway used for the drop-off and pick-up functions. c) Physical education activities shall be limited to indoors only. No activities shall be conducted outside the building. A minimum of 10 square feet of physical activity area per student shall be provided. 2-16 7 d) Student enrollment for the school shall be capped at a maximum of 960 students. e) A parking management plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The plan shall include provisions for parking during special events at the school. f) The school shall submit an Annual Special Events Program to Planning Staff and the local association at least 15 days prior to the start of the school year. The program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. g) Schools are subject to periodic review by the Planning Division to ensure compliance with the Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ______________, 2019. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-17 8 AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Acting Clerk of the Council City of Santa Ana 2-18 EXHIBIT 2 2-19 This page left blank intentionally. 2-20 N CLARA STN SULLIVAN STW CAPE COD WY W 5TH STN FAIRVIEW STW6TH ST W 3RD ST W 7TH ST CIVIC CENTER DR W N NANTUCKET PLM1M1 M1M1 M1 M1 M1 M1M1 M1 M1M1 M1 OM1M1M1 M1SD70 M1 R2R2 O O SD82 R1R1 R2 R1 R1 R1 R2 O OM1 R1R1 R2 R1 R1 O R2 R2 R1R2 O R1 R2 O SD82 Zoning Ordinance Amendment No. 2019-012501-2609 West Fifth Street Date: 1/30/2019 Exhibit 2 - Vicinity Zoning and Aerial View I0250 500125 Feet Zoning Classification M1 - Light Industrial O - Open Space R1 - Single-Family Residence R2 - Two-Family Residence SD82 - Specific Development 82 500ft Buffer SITE 2-21 This page left blank intentionally.