HomeMy WebLinkAboutItem 04 - Santa Ana Approving Amendment Application No. 2022-01Ordinance No. NS-XXXX
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ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2022-01 AMENDING THE ZONING
MAP FOR THE PROPERTY LOCATED AT 1700, 1720,
AND 1740 EAST GARRY AVENUE (APN 430-171-07)
FROM PROFESSIONAL (P) TO LIGHT INDUSTRIAL (M1)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Rob Mitchell (“Applicant”), representing Greenlaw Partners (“Property
Owner”) is requesting approval of Amendment Application (AA) No. 2022-01
to change the zoning designation of the property located at 1700, 1720, and
1740 East Garry Avenue (APN 430-171-07) from Professional (P) to Light
Industrial (M1) in order to facilitate construction of a new, 91,500-square foot
industrial warehouse and distribution building.
B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal
Code establishes that because of the necessity of segregating the location
of residences, businesses, trades and industries; regulating the use of
buildings, structures, and land; and regulating the location, height, bulk
and size of buildings and structures, the size of yards and open spaces,
the City is divided into land-use districts of such number, shape and area
as may be considered best suited to carry out these regulations and
provide for their enforcement. The regulations are considered necessary
in order to: encourage the most appropriate use of land, conserve and
stabilize property value, provide adequate open spaces for light and air
and to prevent and fight fires, prevent undue concentration of population,
lessen congestion on streets and highways, and promote the health,
safety and general welfare of the people, all as part of the general plan of
the City. The City of Santa Ana has adopted a zoning map which has
since been amended from time to time.
C. The entire Project as currently proposed entails, among other things, (1)
demolition of an existing 105,558 square foot office development
consisting of three buildings constructed between 1972 and 1974; (2)
redevelopment of the Project Site with a 91,500-square foot warehouse
and distribution building with ancillary/supportive office spaces and
mezzanines, and associated site and public-right-of-way improvements;
(3) approval of Conditional Use Permit No. 2022-14 to allow the use of the
building as a distribution center; and (4) approval of Amendment
Ordinance No. NS-XXXX
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Application No. 2022-01 to change the site’s zoning designation from
Professional (P) to Light Industrial (M1).
D. The applicant has demonstrated compliance with all requirements of the
Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153,
including public notification and hosting of required community meetings.
Materials resulting from the meetings were subsequently posted to the City’s
webpage for the project.
E. On August 22, 2022, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2022-01. Following information
received during the public hearing, the Planning Commission continued
the item to its regular meeting on September 26, 2022, after which the
project was continued to its regular meeting on October 10, 2022. During
said October 10, 2022 meeting, the Planning Commission voted
unanimously to adopt a resolution approving Conditional Use Permit No.
2022-14 and to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2022-01.
F. On October 18, 2022 and on October 19, 2022, appellants Molly Greene
with Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental
Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on
behalf of Garry Plaza Office Park Association, filed respective appeal
applications, Appeal Nos. 2022-01 and 2022-02, respectively, for
Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645,
the City Council is authorized to review appeals of Planning Commission
decisions and may, after holding a public hearing, affirm, reverse, change,
modify the original decision and may make any additional determination it
shall consider appropriate within the limitations imposed by Chapter 41 of
the SAMC. The Conditional Use Permit application and two appeal
applications are subject to concurrent City Council consideration with this
Amendment Application.
G. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of
the General Plan. The General Plan identifies on Table LU-A-1 that the
Interim Development Standard for the FLEX-3 area is M1. The subject site
is designated by the General Plan Land Use Element as FLEX-3. This
land use designation by the General Plan encourages developments that
provide context appropriate development in areas with existing industrial
uses. The building has been designed to feature taller height and
contemporary finishes to ensure it remains aesthetically compatible with
the surrounding area, even as adjacent properties may redevelop with
new industrial or mixed-use office, industrial, and/or research and
development uses. The project has been designed to conform to all
applicable standards of the M1 zoning district.
Ordinance No. NS-XXXX
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H. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on December 20, 2022.
I. The City Council also adopts as findings all facts presented in the Request
for Council Action dated December 20, 2022, accompanying this matter.
J. For the reasons contained herein, and each of them, Amendment
Application No. 2022-01 is hereby found and determined to be consistent
with the intent and purpose of Chapter 41 of the Santa Ana Municipal
Code; thus changing the zoning district is found to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the public
necessity, convenience, and general welfare.
Section 2. The Amendment Application consists of amendments to the Zoning
Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council has reviewed and considered the information
contained in the analysis performed pursuant to the California Environmental Quality
Act (CEQA) (Environmental Review No. 2021-54). Pursuant to Public Resources Code
section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from
further review. This type of exemption analysis evaluates whether the potential
environmental impacts of the proposed demolition of three office buildings, which total
105,558 square feet, and construction of a new 91,500 square foot light industrial
warehousing building that would accommodate two tenants, are addressed in the City of
Santa Ana General Plan Update Final Recirculated Program Environmental Impact
Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls
within this exemption.
(A) As set forth in CEQA Guidelines Section 15183(a), projects that are
“consistent with the development density established by the existing zoning, community
plan or general plan policies for which an EIR was certified shall not require additional
environmental review, except as might be necessary to examine whether there are
project-specific significant effects which are peculiar to the project or its site.” The
CEQA Guidelines further state that “[i]f an impact is not peculiar to the parcel or to the
project, has been addressed as a significant effect in the prior EIR, or can be
substantially mitigated by the imposition of uniformly applied development policies or
standards . . . then an additional EIR need not be prepared for the project solely on the
basis of that impact.” CEQA Guidelines Section 15183(c).
(B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State
Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any
decision by the City affecting land use and development must be consistent with the
GPU. The GPU EIR evaluates the potential environmental effects associated with
implementation of the GPU and addresses appropriate and feasible mitigation
measures that would minimize or eliminate these impacts. A project is consistent with
the GPU if its development density is the same or less than the standard expressed for
the involved parcel in the general plan for which an EIR has been certified, and the
project complies with the density-related standards contained in that plan. CEQA
Ordinance No. NS-XXXX
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Guidelines section 15183(i)(2). Development density standards can include the number
of dwelling units per acre, the number of people in a given area, floor area ratio (FAR),
and other measures of building intensity, building height, size limitations, and use
restrictions.
(C) The GPU identifies that the Interim Development Standard for the FLEX-3
area is M1. The M1 zone provides for a variety of light industrial uses, including
warehousing, manufacture, assembly, machine shops, and wholesale businesses. The
Project would result in a FAR of 0.42, which is within the projections of the GPU EIR,
which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated
and analyzed the impacts of this Project and identified applicable mitigation measures
necessary to reduce impacts of the Project, and the Project implements the applicable
mitigation measures.
(D) Specifically, the Project qualifies for the exemption because the following
findings can be made:
1. The Project is consistent with the development density established by existing
zoning, community plan or general plan policies for which an EIR was certified.
The Project would result in a FAR of 0.42, which is less than the maximum FAR
of 3.0 allowable in the FLEX-3 designated area, which is the development
density established by the GPU and analyzed in the GPU EIR. The Project site
has an Interim Development Standard of M-1 (light Industrial zone). The M-1
zone does not have density requirements.
2. There are no Project specific effects which are peculiar to the Project or its site,
and which the GPU EIR failed to analyze as significant effects. The subject
property is similar to other properties in the area, including its land use
designation and zoning. The property does not support any peculiar
environmental features, and the Project would not result in any peculiar effects.
In addition, as explained further in the prepared Exemption Checklist, project
impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU
EIR, development projects pursuant to the GPU, such as the proposed Project,
could result in potentially significant impacts to air quality, cultural resources,
paleontological resources, noise, and tribal cultural resources. However,
applicable mitigation measures specified within the GPU EIR would reduce
potential impacts to a less than significant level.
3. There are no potentially significant off-site and/or cumulative impacts which the
GPU EIR failed to evaluate. The Project is consistent with the density and use
characteristics of the development considered by the GPU EIR and would
represent a small part of the growth that was forecast for build-out of the GPU.
The GPU EIR considered the incremental impacts of the Project, and as
explained further in the prepared Exemption Checklist, no potentially significant
off-site or cumulative impacts have been identified which were not previously
evaluated.
4. There is no substantial new information which results in more severe impacts
than anticipated by the GPU EIR. As explained in the prepared Exemption
Ordinance No. NS-XXXX
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Checklist, no new information has been identified which would result in a
determination of a more severe impact than what had been anticipated by the
GPU EIR.
5. As explained in the prepared Exemption Checklist, the Project will undertake
feasible mitigation measures specified in the GPU EIR. These GPU EIR
mitigation measures will be undertaken through Project design, compliance with
regulations and ordinances, and through the Project’s conditions of approval.
(E) The Project therefore qualifies for an exemption from additional
environmental review as set forth in Public Resources Code section 21083.3 and CEQA
Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of the
staff report accompanying this Ordinance. Based on this analysis, a Notice of
Exemption, Environmental Review No. 2021-54 will be filed for this project.
Section 4. Conditional Use Permit No. 2022-14 and two appeal applications are
subject to concurrent City Council consideration with this Amendment Application.
Section 5. An amended Sectional District Map, showing the above described
changes in use district designation, is hereby approved and attached hereto as Exhibit A,
and incorporated by this reference as though fully set forth herein.
Section 6. The City Council of the City of Santa Ana, after conducting the
public hearing, hereby approves Amendment Application No. 2022-01. 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 October 10, 2022, the
Request for Council Action dated December 20, 2022, and exhibits attached hereto; and
the public testimony, written and oral, all of which are incorporated herein by this
reference.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 8. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this ____ day of ________, 2022.
Ordinance No. NS-XXXX
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_______________________
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers ___________________________________
NOES: Councilmembers ___________________________________
ABSTAIN: Councilmembers ___________________________________
NOT PRESENT: Councilmembers ___________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-
_____________to be the original ordinance adopted by the City Council of the City of
Santa Ana on __________________, 2022 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: ____________ ____________________________
Clerk of the Council
City of Santa Ana
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N/A N/AN/A29-5-9 N/AN/A29-5-9
30-5-930-5-9N/AN/A30-5-9Exhibit:
Print Date: 8/16/2022
Sectional District Map: IRS-9 I
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