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HomeMy WebLinkAbout2019-089 - Approving General Plan Amendment No. 2019-02 LS 10.01.19 RESOLUTION NO. 2019-089 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 programs specified in the General Plan for the City of Santa Ana in that: Resolution No. 2019-089 Page 1 of 6 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 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 Resolution No. 2019-089 Page 2of6 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. 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 Resolution No. 2019-089 Page 3 of 6 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 1st day of October, 2019. i.: u is Ma, ' ' APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: :-, Lisa Storck Assistant City Attorney AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) *Ward 4 Representative Vacant Resolution No. 2019-089 Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2019-089 to be the original Resolution adopted by the City Council of the City of Santa Ana on October 1, 2019. l- / ' - Date: 1 � � I Daisy Gomez' Clerk of the Council City of Santa Ana Resolution No. 2019-089 Page 5 of 6 Please refer to Laserfiche for Exhibit A: Land Use Element Resolution No. 2019-089 Page 6 of 6