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HomeMy WebLinkAbout75A - PH - MED OFFICE 402 EUCLIDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE: PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2019-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL (LR-7) TO GENERAL COMMERCIAL (GC) FOR A NEW 3,705- SQUARE FOOT MEDICAL OFFICE BUILDING LOCATED AT 402 NORTH EUCLID STREET {STRATEGIC PLAN NO. 3,21 /a/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve General Plan Amendment No. 2019-02 to redesignate the property at 402 North Euclid Street from Low -Density Residential (LR-7) to General Commercial (GC). PLANNING COMMISSION ACTION At its regular meeting on August 26, 2019, the Planning Commission by a vote of 4:0 (Commissioner Rivera and Commissioner Cano absent) adopted a resolution approving Variance No. 2014-04 as conditioned and recommended that the City Council adopt a resolution approving General Plan Amendment No. 2019-02 for the property located at 402 North Euclid Street. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit 2). DISCUSSION Paul Kim with Source Architecture Inc., representing CN Square Office Building development, is requesting approval of a general plan amendment to change the land use designation for the property at 402 North Euclid Street from Low -Density Residential (LR-7) to General Commercial (GC). As part of the overall project, a variance to allow a reduction in lot size and a reduction in the required setbacks was also requested and approved at the Planning Commission meeting. The variance request was made in order to facilitate construction of a new 3,705-square foot medical office building. Staff is recommended approval of the requests due to the project's consistency with the goals of the city's General Plan and its conformance with the intent of the existing zoning district. In addition, the project will provide new business opportunities and it has been designed to minimize impacts on neighboring properties, specifically the single-family residential properties to the west. 75A-1 General Plan Amendment No. 2019-02 October 1, 2019 Page 2 The applicant is applying for a general plan amendment in order to re -designate the property proposed for development to General Commercial (GC). The amendment will facilitate the construction of a 3,705-square foot medical office building on a vacant parcel of land. The General Commercial designation applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. The subject property is proposed to be changed from a Low - Density Residential (LR-7) land use designation to GC. The change will make the property's General Plan land use designation consistent with the current zoning of the site, which is C-1. Currently, the Euclid Street corridor has properties with inconsistent general plan designations and zoning districts but are developed with commercial uses. This amendment will create consistency with those additional properties in the vicinity that are already developed with a commercial use. In addition, these properties are currently improved with commercial uses including professional and medical office buildings, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby residential properties to the east and west of the Euclid Street corridor. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Figure 1: Existing GPA Designation Map Figure 2: Proposed GPA Designation Map ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), a Class 3 Categorical Exemption under Environmental Review No. 2017-50 will be filed for this project. Class 3 Exemptions consists of construction and location of limited numbers of new structures. Examples of this exemption include, a store, motel, office, restaurant or similar commercial or institutional structure in an urbanized area, not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area on sites zoned for such use. Further, all necessary public services and facilities must be available and the surrounding area cannot be environmentally sensitive. 75A-2 General Plan Amendment No. 2019-02 October 1, 2019 Page 3 Table 1: Public Notification & Community Outreach Public Notification & Community Outreach Notification by mail was mailed to all property owners/occupants Notification by mail within 500 feet of the project site, and interested parties, on Required Measures September 20, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on September 20, 2019. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on October 17, 2017 at 7:00 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 5 members of the public attended. The public inquired about the type of use for the proposed building and whether the adjacent neighborhood would experience any impacts during construction or at completion. The applicant provided all the required information to the City after the meeting. The Riverview West Neighborhood Association was contacted to identify any areas of concern due to the proposed project. At the time this report was written, no issues of concern were raised regarding this application. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). ECONOMIC DEVELOPMENT The project will generate property tax revenue and services for the community. Property and business tax revenue will increase as the property will be developed with a new commercial building. The project will be issued building permits that would allow the construction of the building, the parking lot, and landscaping. According to the applicant, the estimated cost of construction and permits for this project is $500,000. The property owners will also be the tenants for the propert�. The two doctors are proposing to relocate their current practice to the subject site from an adjacent City. With the two separate businesses in full operation, it is expected to generate 10 new employment opportunities. Minh Thai Executive Director Planning and Building Agency IOaa S'.1 R FCA12019110-1-19\402 N. EuGid St SPA 19-2\RFCA for GPA No. 2019-02 ON Square Office Buiding at 402 N. Eudid Sireei Exhibits: 1. Resolution Approving General Plan Amendment No. 2019-02 2. Planning Commission Staff Report and Exhibits 75A-3 4:/:1NIII ISl LS 10.01.19 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 Resolution No. 2019-xx Page 1 of 5 75A-4 programs specified in the General Plan for the City of Santa Ana in that: 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 Resolution No. 2019-xx Page 2 of 5 75A-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. 2019-02 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. Resolution No. 2019-xx Page 3 of 5 75A-6 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. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: `t Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-xx Page 4 of 5 75A-7 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 Resolution No. 2019-xx Page 5 of 5 75A-8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 26, 2019 TITLE: PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2019-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL (LR-7) TO GENERAL COMMERCIAL (GC) AND VARIANCE NO. 2019-04 FOR A REDUCTION IN LOT SIZE AND SIDE YARD SETBACK TO CONSTRUCT A NEW 3,705-SQUARE FOOT MEDICAL OFFICE BUILDING LOCATED AT 402 NORTH EUCLID STREET - (STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco Executive Director RECOMMENDED ACTION *1Tl : 11:1 h 1V PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planni g Ma ger 1. Recommend that the City Council adopt a resolution recommending approval of General Plan Amendment No. 2019-02. 2. Adopt a resolution approving Variance No. 2019-04, as conditioned. Executive Summary Paul Kim with Source Architecture Inc., representing CN Square Office Building development, is requesting approval of a general plan amendment to change the land use designation for the property at 402 North Euclid Street from Low -Density Residential (LR-7) to General Commercial (GC) and a variance to allow a reduction in lot size and a reduction in the required setbacks in order to facilitate construction of a new 3,705-square foot medical office building. Staff is recommending approval of the requests due to the project's consistency with the goals of the city's General Plan and its conformance with the intent of the existing zoning district. In addition, the project will provide new business opportunities and it has been designed to minimize impacts on neighboring properties, specifically the single-family residential properties to the west. Table 1: Proiect and Location Information Item Information Project Address 402 North Euclid Street Nearest Intersection Euclid Street and Fourth Street General Plan Designation Currently: Low -Density Residential LR-7 Proposed: General Commercial GC Zoning Designation Community Commercial (C-1) 75A-9 GPA No. 2019-02, VAR No. 2019-04 August 26, 2019 Page 2 Item Information Surrounding Land Uses North Commercial (Zoning: C1, GP: LR-7 East Commercial (Zoning: C1, GP: LR-7 South Commercial (Zoning: C1, GP: LR-7 West Single -Family Residential (Zoning: R1, GP: LR-7 Property Size 14,859 square feet Existing Site Development The property is currently vacant Use Permissions Commercial Medical Buildin Zoning Code Sections Affected Lot Size and Fronta a SAMC Section 41-373 Lot Setbacks ISAMC Section 41-368, 41-369, 41-370 Project Description The applicant is proposing to develop a vacant lot with a 3,705-square foot office building, a surface parking lot, and associated landscaping. The building will be partitioned into two separate medical tenant spaces, as the proposed tenants are both the property owners and in the medical practice. The building will be located at the southeast corner of the property, nearest to the Euclid Street and Fourth Street intersection. The parking area is located at the rear, behind the building. There will be two proposed driveways for the property, one on Euclid Street and the other located on Fourth Street. The architectural design of the building is modern -contemporary and will feature a variety of materials and physical breaks on the facades to create articulation throughout, in compliance with the Citywide Design Guidelines. Exterior materials include vertical and horizontal metal panels, wood siding, stucco finish, and metal awnings and railings to accent the proposed materials. Table 2: Conformance to Development Standards Standard Required by SAMC Provided Minimum Lot Size 15,000 square feet 14,859 square feet — Variance Required Minimum Lot Frontage 120 feet 240 feet Maximum Building Height 35 feet 27 feet Minimum Front Yard Setback 15 feet 5-10 feet — Variance Required Minimum Side Yard Setback 0 feet Interior/15 feet street side 5-10 feet — Variance Required Minimum Rear Yard Setback 0 feet Complies Minimum Building to Garage Separation 5 feet 18 feet Off -Street Parking 5 spaces/ 1,000 square feet of gross floor area (19 spaces) 19 spaces Project Background There are no available permit records pertaining to any buildings or use of the property. In December of 2015, the property was formally consolidated from three individual vacant lots into one parcel. This was finalized through the recordation of a voluntary lot merger document. The merging of the lots was done in anticipation of the development of the vacant property into a medical building. 75A-10 GPA No. 2019-02, VAR No. 2019-04 August 26, 2019 Page 3 Proiect Analvsis General Plan Amendment The applicant is applying for a general plan amendment in order to re -designate the property proposed for development to General Commercial (GC). According to the General Plan, the General Commercial designation applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. The subject property is proposed to be changed from a Low - Density Residential (LR-7) land use designation to GC. The change will make the property's General Plan land use designation consistent with the current zoning of the site, which is C-1. Currently, the Euclid Street corridor has properties with inconsistent general plan designations and zoning districts but are developed with commercial uses. This amendment will create consistency with those additional properties in the vicinity that are already developed with a commercial use and eventually through a comprehensive general plan amendment, those inconsistencies will be clarified. In addition, these properties are currently improved with commercial uses including professional and medical office buildings, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby residential properties to the east and west of the Euclid Street corridor. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Variance for Reduced Lot Size and Front Yards Pursuant to SAMC Section 41-632 (a) (2), a variance application can be filed from the development standards of the zoning district. Variance requests are governed by Section 41-638 (2) of the SAMC. Variances may be granted when it can be shown that there exists a special circumstance related to the property, is necessary for the preservation and enjoyment of substantial property rights, will not be detrimental to the public or surrounding property, and will not adversely affect the General Plan. In analyzing the multiple variance requests, staff believes that the following analysis warrants staff's recommendation of approval for the variance. The zoning code requires a 15-foot landscaped setback along both Euclid Street and Fourth Street. The subject property is already deficient in available land in order to meet the minimum lot size required for development in the Community Commercial (C-1) zoning district. Pursuant to Sec. 41- 373 of the SAMC, lots in the C-1 zoning district require a 15,000 square foot minimum size to develop. The deficiency for the site is by 141 square feet, which equated to less than one (1) percent. Through the review of the project, staff identified that the final design of the building and lot would suffer losses to the size of the building if the 15-foot requirement for the front yard setback was applied. In order forthe applicant to preserve as much property rights to develop the site to its full potential, staff worked with the applicant to design a project that would offer different front yard setback distances. Special consideration would be taken to architectural design of the building, articulation on a vertical and horizontal plane, in order to gain a physical appearance that the building is not located directly on the property line. In some locations the yards will be reduced to 5 feet, requiring a variance. The final 75A-11 GPA No. 2019-02, VAR No. 2019-04 August 26, 2019 Page 4 design is consistent with the Citywide Design Guidelines, which encourages building placement closer to intersections, thereby activating the street frontage with development. Table 3: CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Class 3 Categorical Exemption Section 15303 Reason(s) Exempt or Class 3 consists of construction and location of limited numbers of new structures. Analysis Examples of this exemption include, a store, motel, office, restaurant or similar commercial or institutional structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Environmental Review No. 2017-50 will be filed for this project. Strategic Plan Alignment Goal(s), Policy or Approval of this item supports the City's efforts to meet Goal #3 — Economic Development, Policies Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning policies Public Notification & Community Outreach A public notice was posted on the project site on August 15, 2019. Notification by mail was mailed to all property owners and occupants within 500 feet of the Required Measures project site on August 15, 2019. Newspaper posting was published in the Orange County Reporter on August 15, 2019. A Sunshine Ordinance Community Meeting was held on- October 17, 2017 at 7:00 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 5 members of the public attended. The public inquired about the type of use for the proposed building and whether the adjacent neighborhood would experience any impacts during construction Additional Measures or at completion. The applicant provided all the required information to the City after the meeting. The Riverview West Neighborhood Association was contacted to identify any areas of concern due to the proposed project. At the time this report was written, no issues of concern were raised regarding this application. Economic Development The project will generate property tax revenue and services for the community. Property tax revenue will increase as the property will be developed with a new commercial building, business taxes will be generated. The project will be issued building permits that would allow the construction of the building, the parking lot, and landscaping. According to the applicant, the estimated cost of construction and permits for this project is $500,000. The property owners will also be the tenants. The two doctors are proposing to relocate their current practice to the subject site from another City in Orange County. With the two separate businesses in full operation, it is expected to generate 10 new employment opportunities. 75A-12 GPA No. 2019-02, VAR No. 2019-04 August 26, 2019 Page 5 Conclusion Based on the analysis provide within this report, staff recommends that the Planning Commission recommend that the City Council approve General Plan Amendment No. 2019-02. Further, staff recommends that the Planning Commission approve Variance No. 2019-04 as conditioned. Ivan arozcdJ� Assistant Plann r II 10: sb S1Planning Commission\2019\8-12-19\402 N Euclid - GPA 2019-02 VAR-2019-04/GPA No. 2019-02 VA No. 2019-04_402 N Euclid_SR.pc.docx Exhibits: 1. CC Resolution for GPA No. 2019-02, ER No. 2017-50 2. PC Resolution for VA No. 2019-04 3. Vicinity Zoning and Aerial Map 4. Site Photo 5. Site Plan 6. Floor Plan 7. Elevations 8. Preliminary Landscape Plan 75A-13 This page left blank intentionally. 75A-14 EXHIBIT 1 75A-15 This page left blank intentionally. 75A-16 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 Resolution No. 2019-xx Page 1 of 5 75A-17 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 Resolution No. 2019-xx Page 2 of 5 75A-18 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. Resolution No. 2019-xx Page 3 of 5 75A-19 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. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-xx Page 4 of 5 75A-20 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 12019. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 5 of 5 75A-21 This page left blank intentionally. 75A-22 EXHIBIT 2 75A-23 This page left blank intentionally. 75A-24 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: 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 75A-25 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. Resdution No. 2019-xx Page 2 of 6 75A-26 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. Resdution No. 2019-xx Page 3 of 6 75A-27 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 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 Resdution No. 2019-xx Page 4 of 6 75A-28 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: 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: Resdution No. 2019-xx Page 5 of 6 75A-29 (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. Resdution No. 2019-xx Page 6 of 6 75A-30 EXHIBIT 3 75A-31 This page left blank intentionally. 75A-32 7/17/2019 GPA NO. 2019-02 VAR NO. 2019-04, CN SQUARE MEDICAL BUILDING 402 NORTH EUCLID STREET R1 R1 I. �rAllirlill"I r r. 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