HomeMy WebLinkAboutItem 22 - 2nd Reading Ordinance for Vista Heritage Charter SchoolPlanning and Building Agency
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Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 6, 2024
TOPIC: Vista Heritage Charter School
AGENDA TITLE
Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023-03
for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street
(Second Reading)
Legal notice published in the OC Reporter on January 19, 2024.
RECOMMENDED ACTION
1. Conduct a second reading and adopt an ordinance approving Amendment
Application (Zone Change) No. 2023-04.
ORDINANCE NO. NS-3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-
04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH
FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO
SPECIFIC DEVELOPMENT NO. 82 (SD-82)
2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance
Amendment (ZOA) No. 2023-03 as conditioned.
ORDINANCE NO. NS-3056 entitled ZONING ORDINANCE AMENDMENT NO.
2023-03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE
BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE
SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW
PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE
REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS
AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS
AGREEMENTS
Vista Heritage Charter School
February 6, 2024
Page 2
3. Determine that adoption of these ordinances is exempt from further review under the
California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183
of the CEQA guidelines.
GOVERNMENT CODE 484308 APPLIES Yes
DISCUSSION
At its January 16, 2024 regular meeting, the City Council held a public hearing and
considered the staff report, recommendations by staff, and public testimony concerning
two ordinances for the project located at 601 North Fairview Street. The two ordinances
include:
1. Amendment Application No. 2023-04 (AA No. 2023-04), and
2. Zoning Ordinance Amendment No. 2023-03 (ZOA No. 2023-03)
The City Council approved the first reading of AA No. 2023-04 and ZOA No. 2023-03 as
presented by staff.
To date, the proposed project has generated a total of 156 temporary employment
opportunities, including environmental engineers, environmental remediation
technicians, demolition crew, architects, engineers, development consultants, and an
attorney. Additionally, the new administrative office will create ten permanent
employment positions. Moreover, the applicant will pay approximately $46,235 in
entitlement, plan check, and permit fees.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines,
the project is exempt from further review per Section 15301 Existing Facilities (Class 1 —
Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent
with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines.
Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of existing or former use as determined by the lead agency. The subject project is
proposing the change of use of an existing industrial building that was previously used
for an auto repair business to be used for administrative office purposes.
Additionally, the project is exempt from further review per Section 15183 (Projects
Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines.
The environmental review contained in Exhibit 7 has been prepared, and peer reviewed
by a qualified CEQA consultant hired by the City, to assess the potential for the
proposed project to result in environmental effects and whether the proposed project
qualified for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the
analysis evaluated whether the potential environmental impacts are addressed in the
City of Santa Ana General Plan Update Final Recirculated Program Environmental
Vista Heritage Charter School
February 6, 2024
Page 3
Impact Report (GPU EIR). Specifically, the analysis evaluates the change of use of the
existing 5,837-square-foot building from auto -repair to administrative office and site
improvements that include new landscaping, fagade remodel, and new outdoor areas
for the office and the school.
CEQA Guidelines Section 15183 allows a streamlined environmental review process for
projects that are consistent with the densities established by existing zoning, community
plan, or general plan policies for which an EIR was certified and does 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.
Moreover, projects that are consistent with the densities and use characteristics
considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183
Exemption process. This exemption process may be used when a project meets the
following conditions:
a) The project is consistent with the development density established by existing
zoning, community plan, or general plan policies for which an EIR was certified
b) There are no project specific effects which are peculiar to the project or its site.
c) There are no project specific impacts which the prior EIR failed to analyze as
significant effects.
d) There are no potentially significant off -site and/or cumulative impacts which the
prior EIR failed to evaluate.
e) There is no substantial new information which results in more severe impacts
than anticipated by the prior EIR.
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. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a
project is consistent with the GPU if the development density does not exceed what was
contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with
the associated standards applicable to that development density. 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.
The GPU identifies that the Interim Development Standard for the FLEX-1.5 area are
those development standards outlined for the M1 zoning designation. The M1 zone
provides for a variety of light industrial uses, including warehousing, manufacture,
assembly, machine shops, wholesale businesses and ancillary uses such as office uses
that do not exceed 30% of the gross floor area. The Project would result in a FAR of
0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5
Vista Heritage Charter School
February 6, 2024
Page 4
FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this
Project, identified applicable mitigation measures necessary to reduce impacts of the
Project, and the Project implements the applicable mitigation measures. The Project,
therefore, qualifies for an exemption from additional environmental review as set forth in
State CEQA Guidelines Section 15183. The full exemption analysis is provided as
Exhibit 7 of this report. Based on this analysis, a Notice of Exemption, Environmental
Review No. 2023-40 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Amendment Application Ordinance
2. Zoning Ordinance Amendment Ordinance
3. January 16, 2024 City Council Meeting Link
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency
Approved By: Tom Hatch, Interim City Manager
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 2023-04 AMENDING THE ZONING FOR THE
PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET
(APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO
SPECIFIC DEVELOPMENT NO. 82 (SD-82)
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. Red Hook Capital Partners, LLC with Vista Heritage Charter Schools
("Applicant") representing 2609 W. 5th Street LLC (Property Owner) is
requesting approval of Amendment Application (AA) No. 2023-04 to change
the zoning designation of the property located at 601 North Fairview Street
(APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82
(SD-82) in order to facilitate the change of use of an existing auto -repair
business to an administrative office.
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. On April 19, 2022, the City adopted the General Plan Update and it went
into effect on May 26, 2022. The approval of the subject project is consistent
with the Industrial/Flex-Low (Flex-1.5) General Plan land use designation
and the designated West Santa Ana Boulevard Focus Area. The Flex-1.5
land use designation encourage a myriad of industrial uses that do not
produce significant air pollutants including office -industrial flex spaces,
small-scale clean manufacturing, among other uses. The proposed zoning
amendment advances the vision for the subject site's General Plan Focus
Ordinance No. NS-XXXX
Page 1 of 7
Area and will bring the site into alignment and compliance with the General
Plan through reducing and eliminating traditional heavy industrial and
noxious uses currently allowable on the properties. Furthermore, the West
Santa Ana Boulevard Focus Area envisions a mixed -use corridor with a goal
of transitioning out existing auto -oriented and traditional industrial uses to
clean manufacturing and research and development uses, and live -work
maker spaces that are compatible and can coexist with residential and other
sensitive land uses such as schools, churches, and recreation facilities.
In addition, the focus area would transition the auto -oriented neighborhoods
and institutions into a series of transit -oriented neighborhoods that support
and benefit from future streetcar stops. In order to accomplish the goals of
the General Plan, the focus area promotes infill development while
respecting established neighborhoods and providing buffers from industrial
to residential neighborhoods. The proposed project will create a buffer from
industrial uses to residential by changing the use of an auto -repair building
into an office space. Additionally, the proposed project proposes landscape
improvements and a community garden that will further act as buffers and
accomplish the goals of the General Plan.
D. The entire Project as currently proposed entails, among other things, (1)
Approval of Amendment Application No. 2023-07 to change the site's
zoning designation from Light Industrial (M1) to Specific Development No.
82 (SD-82) and (2) approval of Zoning Ordinance Amendment No. 2023-03
to expand the boundaries of SD-82 and to allow for Administrative Offices
as a permitted use on Parcel 4, and an Outdoor Play Area in Parcel 2
ancillary to the Vista Heritage Charter School.
E. 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.
F. On December 11, 2023, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2023-04.
G. On January 16, 2024, the City Council held a duly noticed public hearing
and voted to recommend that the City Council adopt an ordinance approving
Amendment Application No. 2023-04.
H. For the reasons contained herein, and each of them, Amendment
Application No. 2023-04 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.
Ordinance No. NS-XXXX
Page 2 of 7
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. 2023-40). In accordance with the California
Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically
exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA
Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of
existing or former use. The subject project is proposing the change of use of an existing
industrial building that was previously used for an auto repair business to be used for
administrative office purposes. Additionally, the project is exempt from further review
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 change of use for
the existing 5,837-square-foot building from auto -repair to administrative office and site
improvements that include new landscape, fagade remodel, and new outdoor areas for
the office and the school 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 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.
Ordinance No. NS-XXXX
Page 3 of 7
(C) The GPU identifies that the Interim Development Standard for the FLEX-1.5
area is M1. The M1 zone provides for a variety of light industrial uses, including
warehousing, manufacture, assembly, machine shops, wholesale businesses and
ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor
area. The Project would result in a FAR of 0.14, which is within the projections of the GPU
EIR, which evaluated a density of 1.5 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:
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 0.14, which is less than the maximum FAR of
1.5 allowable in the FLEX-1.5 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, greenhouse gas emissions, and noise. 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
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
Ordinance No. NS-XXXX
Page 4 of 7
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 in Exhibit 7 of the staff
report accompanying this Ordinance. Based on this analysis, a Notice of Exemption,
Environmental Review No. 2023-40 will be filed for this project.
Section 4. 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 5. The City Council of the City of Santa Ana, after conducting the
public hearing, hereby approves Amendment Application No. 2023-04. 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 December 11, 2023 and
exhibits attached hereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
Section 6. 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 7. This Ordinance shall become effective thirty (30) days after its adoption.
Section 8. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
[Signatures on the following page]
Ordinance No. NS-XXXX
Page 5 of 7
ADOPTED this day of , 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: el.
J se Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-XXXX
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-
XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana
on , 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
City Clerk
City of Santa Ana
Ordinance No. NS-XXXX
Page 7 of 7
ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO.
82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82
AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO
ALLOW FOR THE CREATION OF THREE (3) LAND USE
ZONES, NEW PERMITTED USES AND ANCILLARY USES,
AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY
MAINTENANCE, COVENANTS, CONDITIONS AND
RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING
AND ACCESS AGREEMENTS
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. On October 20, 2008, the City Council adopted Ordinance No. NS-2777,
rezoning the property located at 2501 West Fifth Street, described as
Parcels 1 and 2 of Parcel Map No. 84-886, as shown on a map filed in Book
198, Pages 19-20 of Parcels Maps in the Office of the County Recorder of
Orange County, California, from Light Industrial (M-1) to Specific
Development Plan No. 82 (SD-82).
B. On January 21, 2020, the City Council adopted Ordinance No. NS-2983, to
amend the Santa Ana Municipal Code (SAMC) to include a definition of
"schools"; allow schools as a permitted use in SD-82; to adopt a set of
operational standards for schools within SD-82; allow Vista Heritage
Charter School to expand to 66,000 square feet in size; and allow Vista
Heritage Charter School to expand the student enrollment to 870 students.
C. The proposed Project would only affect Parcel 1, 2, and 4, of Parcel Map
No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel
Maps in the Office of the County Recorder of Orange County, California.
D. The proposed Project entails, among other things, (1) Approval of
Amendment Application No. 2023-04 to change the zoning designation for
the property located at 601 North Fairview Street (APN: 405-241-04) from
Light Industrial (M1) to Specific Development No. 82 (SD-82); and (2)
approval of Zoning Ordinance Amendment No. 2023-03 to expand the
boundaries of SD-82 and to allow for Administrative Offices, Surface
Parking, and Private Outdoor Community Areas as a permitted use on
Parcel 4, and Outdoor Play Area on Parcel 2, ancillary to the Vista Heritage
Charter School. Parcel 2 and 4 are as shown on Parcel Map No. 84-886, as
Ordinance No. NS-XXXX
Page 1 of 16
shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office
of the County Recorder of Orange County, California.
E. The approval of the text amendments, permissible uses, and development
standards are consistent with the General Plan land use designation of
Industrial/Flex-1.5 (Flex 1.5) and the designated West Santa Ana Boulevard
Focus Area. On April 19, 2022, the City adopted the General Plan Update
which went into effect on May 26, 2022. The Flex-1.5 land use designation
encourages industrial uses that do not produce significant air pollutants
including office -industrial flex spaces, small-scale clean manufacturing,
among other uses. The proposed zoning amendment advances the vision
for the subject site's General Plan Focus Area and will bring the site into
alignment and compliance with the General Plan through reducing and
eliminating traditional heavy industrial and noxious uses currently allowable
on the properties. Furthermore, the West Santa Ana Boulevard Focus Area
envisions a mixed -use corridor with a goal of transitioning out existing auto -
oriented and traditional industrial uses to clean manufacturing and research
and development uses, and live -work maker spaces that are compatible
and can coexist with residential and other sensitive land uses such as
schools, churches, and recreation facilities. In addition, the focus area
would transition a group of auto -oriented neighborhoods and institutions into
a series of transit -oriented neighborhoods that support and benefit from
future streetcar stops. In order to accomplish the goals of the General Plan,
the focus area promotes infill development while respecting established
neighborhoods and providing buffers from industrial to residential
neighborhoods. The proposed project will create a buffer from industrial
uses to residential by changing the use of an auto -repair building into an
office space. Additionally, the proposed project proposes landscape
improvements and a community garden that will further act as buffers and
accomplish the goals of the General Plan.
F. The applicant has demonstrated compliance with all requirements of the
Sunshine Ordinance codified at SAMC 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.
G. On December 11, 2023, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Zoning Ordinance Amendment No. 2023-03.
H. On January 16, 2024, the City Council held a duly noticed public hearing
and voted to recommend that the City Council adopt an ordinance approving
Zoning Ordinance Amendment No. 2023-03.
For the reasons contained herein, and each of them, Zoning Ordinance
Amendment No. 2023-3 is hereby found and determined to be consistent
with the intent and purpose of Chapter 41 of the SAMC; thus, changing the
Ordinance No. NS-XXXX
Page 2 of 16
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 recitals above are each incorporated by reference and adopted
as findings by the City Council.
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. 2023-40). In accordance with the California
Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically
exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA
Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of
existing or former use. The subject project is proposing the change of use of an existing
industrial building that was previously used for an auto repair business to be used for
administrative office purposes. Additionally, the project is exempt from further review
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 change of use for
the existing 5,837-square-foot building from auto -repair to administrative office and site
improvements that include new landscape, fagade remodel, and new outdoor areas for
the office and the school 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 Guidelines section
15183(i)(2). Development density standards can include the number of dwelling units per
Ordinance No. NS-XXXX
Page 3 of 16
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-1.5
area is M1. The M1 zone provides for a variety of light industrial uses, including
warehousing, manufacture, assembly, machine shops, wholesale businesses and
ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor
area. The Project would result in a FAR of 0.14, which is within the projections of the GPU
EIR, which evaluated a density of 1.5 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 0.14, which is less than the maximum FAR of
1.5 allowable in the FLEX-1.5 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, greenhouse gas emissions, and noise. 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
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
Ordinance No. NS-XXXX
Page 4 of 16
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 in Exhibit 7 of the staff
report accompanying this Ordinance. Based on this analysis, a Notice of Exemption,
Environmental Review No. 2023-40 will be filed for this project.
Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby
amended to read as follows:
TEMPLO CALVARIO ASSEMBLY OF GOD
Specific Development Plan No. 82
Section 1. Applicability of Ordinance
The specific development zoning district for the Templo Calvario
Assembly of God Church, as authorized by Chapter 41, Division 26,
Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC), is
specifically subject to the standards and regulations contained in this plan
for the express purpose of establishing land use regulations and
standards. All other applicable chapters, articles and sections of the
SAMC shall apply unless expressly stated or superseded by this
ordinance.
Section 2. Purpose
The Specific Development Plan No. 82 (SD-82) for Templo Calvario
consist of standards and regulations established for the express
purpose of protecting the health, safety and general welfare of the
people of the City of Santa Ana by promoting and enhancing the value
of properties and encouraging orderly development of the property.
Section 3. Uses Permitted
A parcel or building within the Specific Development Plan No. 82 (SD-
82) shall be occupied by only the land uses allowed by this Section 3,
and as permitted in created Zones, hereinafter referred to as Zone 1,
Zone 2, and Zone 3 ("Zones"), as adopted and depicted in Attachment
A.
Ordinance No. NS-XXXX
Page 5 of 16
Zone 1
1. The permitted land uses within Zone 1 shall be as follows:
(a) Administrative offices.
(b) Surface parking lot for off-street parking purposes only,
exclusive to Parcels 1, 2, and 4 of Parcel Map No. 84-886, as
shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps
in the Office of the County Recorder of Orange County,
California, and any future adioining parcels that may form part
of the Civic Center Business Park or its future successors.
(c) Private outdoor community area, to be accessible to all Zones,
but shall not be used exclusively for school purposes, including
but not limited to, outdoor play area, school children play area,
nor for school recreational activities.
Zone 2
2. The permitted land uses within Zone 2 shall be as follows:
(a) The compounding, processing or treatment of raw or previously
used materials into a finished or semi -finished product,
excluding those specified in SAMC section 41-489.5.
(b) The manufacturing of products from raw or previously treated
materials, excluding those specified in SAMC section 41-489.5.
(c) The assembly of products from raw or previously treated
materials, excluding those specified in SAMC section 41-489.5.
(d) The packaging or distribution of previously prepared products or
materials, excluding those specified in SAMC section 41-489.5.
(f) Warehousing
(h) Wholesale establishments where the primary trade is business-
to- business sale of products, supplies and equipment.
Ordinance No. NS-XXXX
Page 6 of 16
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Ordinance No. NS-XXXX
Page 7 of 16
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Ordinance No. NS-XXXX
Page 9 of 16
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3. The following uses are permitted when ancillary to any use
permitted or permitted with the approval of a conditional use permit
in 7nne 2-
(a) Administrative office occupying up to thirty (30) percent of the
gross floor area.
(b) Product sales or service uses occupying up to five (5) percent
of the aross floor area.
(c) Enclosed storage where the goods, materials or supplies stored
are the property of the owner or operator of the building or
structure occupying up to thirty (30) percent.
4. The following uses may be permitted in Zone 2 subject to the
approval of a conditional use permit in accordance with Section 41-
638 of the SAMC:
(a) Principal industrial uses occupying less than seventy (70
percent of the gross floor area with the remainder of the floor
area allocated to office use onlv.
Ordinance No. NS-XXXX
Page 10 of 16
(b) Childcare facilities other than as permitted by section 41-472.1
of tha .Ann(.
(c) Trade schools which provide instruction which requires the
operation of heavy equipment or machinery normally
associated with manufacturing operations such as
woodworkina or machine shoos.
(d) Industrial medical clinics which offer medical services by referral
only and do not offer overnight stays.
(e) Administrative office use ancillary to a permitted industrial use
occupying more than thirty (30) percent of the gross floor area.
Zone 3
5. The permitted land uses within Zone 3 shall be as follows:
(a) Schools and ancillary school uses.
6. The following uses are permitted when ancillary to any uses
permitted or permitted with the approval of a conditional use permit
in 7nna'I-
(a) Outdoor play area, ancillary to school uses.
7. The following uses may be permitted in Zone 3 subject to the
approval of a conditional use permit in accordance with Section 41-
638 of the SAMC:
(a) Churches and ancillary church uses.
Section 4. Development Standards
1. Walls and Screening. Any equipment, whether on the roof, side of
building or ground, shall be screened. The method of screening
shall be architecturally integrated with the building in terms of
materials, color, shape and size.
2. Landscaping Standards. All landscaped areas shall be irrigated
using an automatic irrigation system. The project shall provide
landscaping consistent with the existing landscape theme and
existing improvements on -site. A six-inch raised concrete curb shall
be required around all landscape planters unless approved by the
City Landscape Associate.
(a) A landscape area not less than 5 feet wide shall be
maintained on the north (OCTA right-of-way) parking lot on
Ordinance No. NS-XXXX
Page 11 of 16
Fairview Street.
(b) All new landscape planters and landscaped areas shall
meet the commercial landscape planter standards.
(c) Vine pockets shall be provided along the north (OCTA right-
of-way) block wall every 15 feet.
3. Architectural and Design Features.
(a) Exterior Materials: Changes to the exterior materials and
finishes shall be submitted to the Planning Division for review
and approval. The materials and finishes shall be consistent
with those found on the site.
(b) Trash Enclosure: Trash enclosures and similar ancillary
structures are to match the texture, materials and color
palette of the proposed buildings.
(c) Lighting Standards/Fixtures: A minimum of one -foot candle of
light shall be provided throughout the parking area.
Specifications of light standards/fixtures and photometrics plan
shall be submitted to the Planning Division for approval.
4. School Operational Standards
(a) A Traffic Plan shall be submitted for review and approval. The
Plan shall include specifics on school bus drop-off and pick-up
areas (limited to front of building), student drop-off and pick-
up areas (limited to rear of building), and the driveways to be
used for these functions.
(b) A Safety Plan shall be submitted for review and approval.
At a minimum, the Plan shall include provisions for student
safety to the campus, during school operating hours, and
safety exiting the campus.
(c) PhySiGal edUGatien aa�tieS shall be limited try indeers enl y
No an shall be Rath ante d outside building.
rv�ucti-�Frti�s��un--v���rrcrcrcr
minima im of 10 square feet n��ysiGall aGtivit area per
studeRtshall be nroyirJorJ Physical education activities shall
be limited to indoors and the outdoor designated gated area.
Any changes to the designated outdoor play area shall be
submitted to the Plannina Division for review and aaaroval.
Ordinance No. NS-XXXX
Page 12 of 16
(d) Student enrollment for the school shall be capped at a
maximum of 870 students.
(e) A Parking Management Plan shall be submitted to the Planning
Division prior to the start of each school year. The plan shall
be submitted to Planning Staff and the community association
at least 15 days prior to the start of school. The Plan shall
include provisions for parking during special events at the
school.
(f) The school shall submit an annual Special Events Program to
Planning Staff and the community association at least 15 days
prior to the start of the school year. The Program shall include
provisions for notification of neighbors within SD-82, vehicle
circulation, and parking during special events at the school.
(g) Schools are subject to periodic review by the Planning
Division to ensure compliance with the school; Operational
Standards. Failure to comply with the Operational Standards
may result in a review by the Planning Commission for further
action.
5. Property Maintenance.
(a) Graffiti: All graffiti shall be removed from the premises within
24 hours of discovery and/or notification of graffiti on the
premises.
(b) Parking Lot/Drive Aisles: Parking and driveway areas located
on the parcels shall be kept in a good and clean condition.
Standards maintenance and repairs of paved surfaces shall
be conducted on a regular basis. The normal cleaning and
removal of refuse and trash shall occur on the premises.
(c) Landscaping: All landscaping shall be maintained at all times.
Any dead or missing landscaping shall be replaced in a timely
mnnnar
Section 5. Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal
Parking and Access Agreements
(a) The CC&Rs governing the subject properties shall be refined and submitted
to the City prior to permit issuance of any site improvements, included but
not limited to the following:
I. Square footage addition to any of the existing buildings
Ordinance No. NS-XXXX
Page 13 of 16
II. Fences
III. Storage sheds
IV. Landscape planters
(b) A copy of a recorded and executed reciprocal parking and access agreement
shall be provided to the Planning and Building Agency (PBA), prior to permit
issuance of any site improvements as listed in Section 5 (a). The reciprocal
parking and access agreement shall include language for reciprocal parking
and access among legal Parcels 1, 2, and 4, as shown on Parcel Map No.
84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps
in the Office of the County Recorder of Orange County, California.
(c) Alternative to the requirements in Section 5(b), an equivalent
action/document can be provided to the PBA ensuring that the subject
properties meet all required off-street parking and access requirements.
Section 5. 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 6. 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 , 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: n i;",
se Montoya
Assistant City Attorney
Ordinance No. NS-XXXX
Page 14 of 16
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-XXXX
Page 15 of 16
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS
XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana
on , 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
City Clerk
City of Santa Ana
Ordinance No. NS-XXXX
Page 16 of 16
Attachment A