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HomeMy WebLinkAbout3- GPA19-02; VAR19-04_402 N EUCLID STREET3 - 1 3 - 2 3 - 3 3 - 4 3 - 5 This page left blank intentionally. 3 - 6 EXHIBIT 1 3 - 7 This page left blank intentionally. 3 - 8 Resolution No. 2019-xx Page 1 of 5 LS 10.1.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2019-02 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION TO GENERAL COMMERCIAL IN ORDER TO FACILITATE CONSTRUCTION OF A MEDICAL OFFICE BUILDING OF THE PROPERTY LOCATED AT 402 NORTH EUCLID STREET 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. Paul Kim (Applicant), representing CN Square Office Building, is requesting approval of General Plan Amendment No. 2019-02 to amend the General Plan land use designation of the property at 402 North Euclid Street from Low-Density Residential (LR-7) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change in order to facilitate construction of a new 3,705-square foot medical office building, associated parking, and landscaping for the property located at 402 North Euclid Street. B. On August 26, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Categorical Exemption, Environmental Review No. 2017-50 and approve General Plan Amendment No. 2019-02. C. On October 1, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2019-02, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. General Plan Amendment No. 2019-02 has been filed to amend the General Plan to change the land use designation of the property at 402 North Euclid Street from Low-Density Residential (LR-7) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change. E. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use 3 - 9 Resolution No. 2019-xx Page 2 of 5 programs specified in the General Plan for the City of Santa Ana in that: i. The City of Santa Ana has officially adopted a General Plan. ii. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the goals/objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: 1. The existing General Plan land use designation for the project area is Low-Density Residential (LR-7) which is typically in areas that are located away from main arterial streets and within tracts that provide single-family residential properties, with maximum density of seven units per acre. 2. The proposed General Plan land use designation for the project area is General Commercial (GC) which applies to commercial corridors and major arterial roadways in the City, allows for facilities and services including shopping, recreation, cultural and entertainment activities and the floor area ratio intensity ranges from 0.5 to 1.0. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element, Economic Development Element, Circulation Element, and Urban Design Element. In specific, General Plan Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Policy 1.10 to encourage the location of commercial centers at arterial roadway intersections in commercial districts. Land Use Element Goal 2 to promote land uses that enhance the City’s economic and fiscal viability. Policy 2.4 supporting pedestrian access with an enhanced pedestrian walkway. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.9 supporting developments that create a business environment that is safe and attractive. Policy 5.5 to encourage development that is compatible with and supporting of surrounding land uses. The proposed medical building and its operation is compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City’s economic base. Specifically, Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Economic Development Goal 4 to expand the tax base of local 3 - 10 Resolution No. 2019-xx Page 3 of 5 government to improve and maintain the level of public services. Policy 4.1 to target business attraction and retention resources towards firms with high positive net revenue implications for local government, particularly those engaged in business-to-business taxable sales transactions. Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City’s transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. 4. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. F. The City Council has weighed and balanced the General Plan’s policies, and has determined that based upon this balancing that General Plan Amendment No. 2018-05 is consistent with the purpose of the general plan. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommendation is exempt from further review pursuant to Section 15303 (Class 3 “New Construction or Conversion of Small Structures”). The Class 3 Categorical Exemption allows for the construction of new in-fill commercial buildings in a zone which permits commercial land uses if not involving the use of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for this project. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2019-02. The amendments to the Land Use 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 October 1, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 3 - 11 Resolution No. 2019-xx Page 4 of 5 Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council’s decisions and these findings. ADOPTED this ____ day of __________, 2019. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3 - 12 Resolution No. 2019-xx Page 5 of 5 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2019. Date: ________________ ____________________________________ Daisy Gomez Clerk of the Council City of Santa Ana 3 - 13 This page left blank intentionally. 3 - 14 EXHIBIT 2 3 - 15 This page left blank intentionally. 3 - 16 LS 8.26.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-04 TO ALLOW A REDUCTION IN MINIMUM LOT SIZE AND SIDE YARD SETBACK IN ORDER TO FACILITATE CONSTRUCTION OF A 3,705-SQUARE FOOT MEDICAL OFFICE BUILDING FOR THE PROPERTY LOCATED AT 402 NORTH EUCLID STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Paul Kim with Source Architecture Inc., representing CN Square Office Building (Applicant) is requesting approval of Variance No. 2019-04 to allow the construction of a 3,705-square foot medical building on a vacant substandard lot with reductions in lot size and side yard setback for the property located at 402 North Euclid Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. C. On August 26, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing for Variance No. 2019-04. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a variance pursuant to SAMC Section 41-638, have been established for Variance No. 2019-04 to allow a reduction in lot size and side yard setback: 1. 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 the provisions of this Chapter. The project site has special circumstances related to its size, shape and surroundings. Pursuant to SAMC Section 41-373, the minimum size of a lot in the subject zone should be 3 - 17 Resolution No. 2019-xx Page 2 of 6 15,000 square feet. The subject lot measures 14,859 square feet. The site is deficient in size by 141 square feet, which equates to less than one (1) percent. The lot was legally combined through a voluntary lot merger which combined 402 and 406 North Euclid Street into a more developable lot. Furthermore, developing the lot and applying 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 the provisions of the zoning code. Requesting that the building provide the necessary side yard setback requirement of 15 feet would drastically reduce the size of the building, thereby making the development of the vacant property unfeasible. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. With a limited lot size, denying the Applicant’s request to improve the property will deprive the right to construct a commercial building, which is otherwise permitted on other properties within the same vicinity and zone. If the variance is not granted, the property cannot be developed. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The subject lot was legally created through the merging of two separate vacant lots. Each of the previously separate lots would not meet the minimum lot size or street frontage requirements on which to develop a building. The 402 North Euclid Street parcel was approximately 4,778 square feet in size, while the 406 North Euclid Street parcel was approximately 10,081 square feet. The project has been designed to be compatible with the neighboring commercial buildings. Furthermore, special consideration was placed on the design of the lot, building placement, and perimeter walls in order to guarantee that the proposed development will not be detrimental to the public welfare or injurious to the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan. 3 - 18 Resolution No. 2019-xx Page 3 of 6 Along with the application for this variance, a general plan amendment is also being requested by the Applicant. Currently, the subject property has a General Plan Land Use Designation of Low Density Residential (LR-7) which the Applicant is requesting to change to General Commercial (GC). Approving the variance would allow the Applicant to construct a new 3,705 square feet medical building on the vacant lot. Therefore, the project as a whole will not adversely affect the General Plan, but rather support the goals of the city’s General Plan. Goal 3.1 of the Land Use Element supports development which provides a positive contribution to neighborhood character and identity and Goal 3.5 encourages new development that is compatible in scale, and consistent with the architectural character of the neighborhood. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommendation is exempt from further review pursuant to Section 15303 (Class 3 “New Construction or Conversion of Small Structures”). The Class 3 Categorical Exemption allows for the construction of new in-fill commercial buildings in a zone which permits commercial land uses if not involving the use of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. 3 - 19 Resolution No. 2019-xx Page 4 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-04 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 402 North Euclid Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 26, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of August 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 26, 2019. Date: ________________ ____________________________________ Sarah Bernal Recording Secretary 3 - 20 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions for Approval for Variance No. 2019-04 Variance No. 2019-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the variance. Planning Division Conditions: 1. Approval of Variance No. 2019-04 is contingent upon City Council approval of General Plan Amendment No. 2019-02. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-19) and the staff report exhibit. 3. Any amendment to this variance, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if variance must be amended. 4. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. 5. Within thirty (30) days of approval of this variance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3 - 21 Resolution No. 2019-xx Page 6 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Property Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Property Maintenance Agreement. (g) The Property Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3 - 22 EXHIBIT 3 3 - 23 This page left blank intentionally. 3 - 24 7/17/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 GPA NO. 2019-02 VAR NO. 2019-04, CN SQUARE MEDICAL BUILDING402 NORTH EUCLID STREET EXHIBIT 3 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3 - 25 This page left blank intentionally. 3 - 26 EXHIBIT 4 3 - 27 This page left blank intentionally. 3 - 28 3 - 29 This page left blank intentionally. 3 - 30 EXHIBIT 5 3 - 31 This page left blank intentionally. 3 - 32 N 3 - 33 This page left blank intentionally. 3 - 34 EXHIBIT 6 3 - 35 This page left blank intentionally. 3 - 36 N 3 - 37 This page left blank intentionally. 3 - 38 EXHIBIT 7 3 - 39 This page left blank intentionally. 3 - 40 3 - 41 3 - 42 EXHIBIT 8 3 - 43 This page left blank intentionally. 3 - 44 3 - 45 This page left blank intentionally. 3 - 46