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HomeMy WebLinkAbout75A - 3501-3511 W SUNFLOWER AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FE~U~Y 2~ 2004 TITLE: P~LIC HEARING - ~E~ME~ APPLICATION NO. 2003-11 TO ALLOW A ZO~ C~GE FROM LIGHT I~USTRIAL TO SPECIFIC DEVELOPME~ NO. 74 ~ CO~ITION~ USE PE~IT NO. 2003-38 TO ALLOW A CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED [] As Recommended [] As Amended [] Ordinance on 1s~ Reading [] Ordinance on 2nd Reading [] Implementing Resolution [] Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration, 2003-169. 2. Adopt an ordinance approving Amendment Application No. 2003-11. 3. Adopt a resolution approving Conditional Use Permit No. 2003-38 conditioned. Planning Commission Action Recommended that the City Council: 1. Approve and adopt the Negative Declaration, 2003-169. 2. Adopt an ordinance approving Amendment Application No. 2003-11. 3. Adopt a resolution approving Conditional Use conditioned. At its January 12, 2004 meeting by a vote of 7:0. DISCUSSION Rec~uest of Applicant The Art Institute/Argosy University is ~pplication in order to allow professional 511 West Sunflower Avenue. Specifically, zone change from Light Industrial (MI) Environmental Review No. as Environmental Review No. Permit No. 2003-38 as requesting an amendment trade school uses at 3501 and the applicant is requesting a to Specific Development No. 74 Page 125 75.A. Amendment Application No. 2003-11 Conditional Use Permit No. 2003-38 February 2, 2004 Page 2 (SD-74). Additionally, a professional school uses will 74 zoning district. conditional use permit for trade and be required in the Specific Development No. Property Description The project site is a 10.3-acre, irregular shaped parcel located along Sunflower Avenue between Harbor Boulevard and Susan Street. The site is improved with two existing two-story buildings, which include a 72,500 square foot office building (3501 Sunflower) and a two-story, 100,000 square foot industrial building (3511 Sunflower). The property has 596 on-site parking spaces and a zoning designation of Light Industrial (Mi), consistent with its General Plan land use designation of Industrial (IND). Surrounding land uses include an industrial business park to the north, office uses to the east and south, and the existing Art Institute to the west (Exhibits 1 and 2). Pro~ect Descri~tion The Art Institute is a highly specialized professional trade school that intends to occupy a portion of each existing building in order to allow for existing uses to continue. The proposed tenant is an accredited institution which offers coursework and instruction for two and four-year degrees in visual arts, media arts, culinary, fashion and design. As part of the same parent company, Argosy University will offer undergraduate, masters and doctoral degree programs in clinical psychology, education, and business administration. The project would be an expansion of the existing Art Institute facility to the west of the project site at 3651 West Sunflower, which has been in operation since July of 2000. The school will offer courses each day: in morning, afternoon and evening sessions. Hours of operation for the proposed trade school will be from 8:00 a.m. to 5:00 p.m. Evening classes will be held from 6:00 p.m. to 10:00 p.m. The Specific Development Plan is necessary to maintain the integrity of the existing site and provide consistent uses and development standards throughout the 10.3-acre parcel. The project will change the zoning designation of the existing site from Light Industrial (Mi) to Specific Development No. 74 (Exhibit 3). The intent of the Specific Development Plan is to accommodate professional and trade school uses which are not typically contained within the Light Industrial zoning designation. Additionally, the proposed zoning amendment would allow for existing manufacturing and office uses to remain as permitted by right (Exhibit 4). The Art Institute/Argosy 75.A. Page 126 Amendment Application No. Conditional Use Permit No. February 2, 2004 Page 3 2003-11 2003-38 University intends to occupy 17,760 square feet of the existing office building at 3501 Sunflower Avenue and an additional 16,030 square feet within the existing manufacturing building at 3511 Sunflower Avenue. There are no proposed changes to the building exteriors or parking lot areas. A total of 589 parking spaces are required to accommodate the existing and proposed uses (Exhibits 5, 6, 7, 8 and 9). Analysis of the Issues Amendment Application The City's Specific Development District was authorized and established for the purpose of protecting and enhancing the value, appearance and orderly development of property. In order to facilitate the proposed professional trade school use and maintain the existing office and industrial components of the project site, the proposed zone change to Specific Development No. 74 would be most appropriate. The Specific Development would allow professional trade school and office uses, typically limited to Commercial and Professional zones. The Specific Development would also allow for the retention of the existing manufacturing operations on site. The proposal supports the General Plan policies of encouraging commercial development along arterial streets, promoting rehabilitation of commercial properties, and supporting developments that are harmonious with existing development in the area. Uses such as trade schools, office and manufacturing facilities will further strengthen the City's commercial base, and provide support services and products to the surrounding commercial businesses such as the adjacent Art Institute. Conditional Use Permit In order to maintain consistency with the existing Art Institute, Specific Development Plan No. 74 would require an approved conditional use permit to operate a professional trade school use. The applicant intends to occupy a total of 33,800 square feet of area within the two existing buildings. The parking for the project will be directly tied to the specific floor plan submitted. Any future expansion of trade school uses or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re-evaluation of the conditional use permit by the Planning Commission. The property currently meets the City's parking requirements, as the existing site provides 596 parking Daces while the code requires 589 spaces. Page 127 75.A. Amendment Application No. 2003-11 Conditional Use Permit No. 2003-38 February 2, 2004 Page 4 Approval is recommended for the proposed amendment application and conditional use permit as the Art Institute/Argosy University will continue to provide a use that will serve the commercial area of the city through existing office and industrial uses as well as providing educational opportunities for residents within the City. Based upon the above analysis of the project, consistency with the City's General Plan, existing and proposed uses on-site, and applicable zoning requirements, it is recommended that Amendment Application No. 2003-11 and Conditional Use Permit No. 2003-38 be approved as conditioned. Environmental Impact In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2003-169 has been prepared for this project (Exhibit 10). ASct~iPnh~nExG~c~nDgirector Planning & Building Agency VC: rb vc/repor t s/aa03 - 11. cup03 - 38. cc 75.A. Page '128 M2 M1 SD-58 C5 MAC ARTHUR BL. PROJECT /~ SITE City of Cos ta Mesa A1 GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL -S PARKING MOOIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE C'SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE CloMO COMM. COMMERCIAL~MUSEUM DISTRICT MO MILITARY OPERATIONS R4 SUBURBANAPARTMENTS C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL SSTATE C3 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFIC DEVELOPMENT C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL 1' = 1000 FEET AA 03-11/CUP 03-38 ART INSTITUTE/ARGOSY UNIVERSITY 3501-3511 WEST SUNFLOWER AVENUE PLANNING AND BUILDING -- -- =500FEET EXHIBIT 1 Page 129 A G ~ _bL_ C Y_ 75.A. 0 F F I C E  D U S T R / A L THE ART INSTITUTE SUNFLOWER SANTA ANA CiTY LIMITS AVENUE VACANT OFFICE (VACANT) L A T I M E S AA 03-11/CUP 03-38 INSTITUTE/ARGOSY UNIVERSITY ART 3501-3511 WEST SUNFLOWER AVENUE P L A N N I N G A N D B U ) L D ) N G A G E N C Y 75.A · Page 130 AA 03-11/CUP 03-38 ,~ ART INSTITUTE/ARGOSY UNIVERSITY ~¢ 3501-3511 WEST SUNFLOWER AVENUE -- -- =500FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G EXHIBIT3 Page 131 A ~.__E ._~_ C Y_ 75.A. ART INSTITUTE/ARGOSY UNIVERSITY Specific Development Plan No. 74 Section 1. Applicabilit~ of Ordinance The specific development zoning district for the Art Institute/ Argosy University, as authorized by Chapter 41, Division 26, Sec. 41-593 et/seq, of the Santa Aha 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. Ail 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. 74 (SD-74), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Art Institute/Argosy University SD-74 sets the development and design criteria for a development consisting of approximately 10.3 acres. The purpose of this specific development plan is to permit flexibility in the site planning and design to respond to market conditions while assuring high quality development. SD-74 specifically establishes for the property the following: · Permitted uses · Development standards, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies · Operational standards · Maximum authorized development intensity · Signage provisions Section 3. Objectives The objectives of the Art Institute/Argosy University Specific Development Plan No. 74, include provisions of the following: · Landscaping that is appropriate to the level of development and sensitive to the surrounding community. EXHIBIT 4 75.A. Page 132 · A visually harmonious development as viewed both internally and externally. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. Flexibility of development in response to market conditions, while achieving overall City and community goals. · Creation of new employment opportunities. Section 4. Uses Permitted Uses Permitted on all parcels in the SD-74 District: (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 manufacture of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41~489.5. (e) Wholesale establishments where the primary trade is business-to-business sale of products, supplies and equipment. (f) Enclosed storage, warehouse and wholesale. (g) Bulk products sales (25 cubic feet or greater) when such products are the primary sales activity. (h) Professional, administrative and business offices, except medical offices. (i) Eating establishments not specified in section 41-472.5. Page 133 75.A. Uses subject to a conditional use permit on all parcels in the SD-74 District: (a) Trade and professional schools (b) Child care other than as permitted by section 41-472.1 of the SAMC (c) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. Section 5. Maximum Permitted Building Intensity The maximum authorized building intensity Institute/Argosy University is 202,490 square feet uses. The maximum floor area ratio allowed is 0.45. for the Art for industrial Section 6. Development Standards Building Height. Ail future on-site uses will be subject to a height limitation of 35 feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. Setbacks. A minimum 15-foot front yard setback shall be provided between proposed on-site uses and any future right-of- way boundaries for Sunflower Avenue. 3 o Parking and loading. The off-street parking requirements for the proposed uses are as follows: (a) (b) Warehouse, distribution and storage: One space for each 1,000 square feet of gross floor area. Manufacturing facilities: Two spaces for each 1,000 square feet of production area. Office space exceeding 30 percent of the gross floor area of a manufacturing facility must meet the off-street parking requirements for office use. (c) Processing, 1,000 square feet of gross floor area. (d) Offices, business and professional: Three spaces 1,000 square feet of gross floor area. (e) Trade and professional schools: One space for each 40 square feet of classroom floor area, plus one space for each three 333 square feet of office floor area. A passenger loading and unloading zone shall be painted and provided for each building used for instruction purposes. packaging and treatment: Two spaces for each for each 75.A. Page 134 Walls and Screening. (a) 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. Landscaping Standards. Ail areas not used for buildings, parking or storage shall be landscaped using the following guidelines consistent with the Commercial Landscape Standards. Ail 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 City Landscape Associate. (a) A landscaped area not less than 15 feet wide shall be maintained along any property line to the extent that it abuts Sunflower Avenue, except at approved driveways. Ail new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. Architectural and Design Features. Exterior Materials: Exterior materials and finishes to comply with an approved materials board. Trash enclosure and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. Design Features: Shall the existing buildings. original in terms of color. be designed to be integrated with Any new additions shall match the scale, rooflines, materials and · Color Scheme: Neutral colors shall be used for the overall color scheme. 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. Enforcement. The penal provisions and permit requirements of the SAMC (effective as of the date of adoption of this SD-74) shall apply to all development within the Art Institute Specific Development Plan No. 74. Page 135 75.A. Section 7. Signage. Ail future on-site signs shall conform to Article 41-850 through 41-1099 of the SAMC. XI, Subsections 75.A. Page 136 _ . . ~ . ~ ~ ~ , -- .~ .... ~/I ~ ~'1'~I~'~','~ .~ , ~ ~ - ~ ~ -F-*~?~ , ~ ~ ~ /~ ~ .... ~ ~ ....... ,, ~.~, -~ -~ ~ ~ ~: ~ I , ~ L'_~. EDUCATION MANAGEMENT CORPOR i m~';-~" .......... CUP 03-38 ~ [i ~' ~ ~ 75.A. OVERALL FIRST FLOOR PLAN (REVISEE)) EXHIBIT 6 AA 03-11/CUPExHiBiT 703'38 ~L SECOND FLOO~ ~" AA 03-11/CUP 03-38 75.A EXHIBIT 8 · Page 140 AA 03-11/CUP 03-38~ ge 141 EXHIBIT9 ~, ~l,~d~,,, MAYOR Mi§uel A. Pulido MAYOR PRO TEM Brelt E. Franklin COUNCILME,MBERS C~audia C. Alvarez Lisa 8ist Albe~a D. Christy Mike Garcia lose $olorio CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza P.O. BOX lg88 · Santa Ana, California g2702 www.$anta-ana.or§ CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. FleZcher CLERK'OF THE COUNCIL Patricia E. Healy NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Art Institute Project Description: The proposed project is a zone change from M1 (Light Industrial) to SD-74 for a 10.7-acre existing industrial park and request for a conditional use permit to allow a trade school within existing buildings. Project Location: 3501 and 3511 Sunflower Avenue Project Number: ER 2003-169 Public Review Period: 12-17-2003 to 1-5-2004 Hearing Date: 1-12-2004 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Aha, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Aha Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 1-5-2004. Please direct your comments to: Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Verny Carvajal at (714) 667-2700. RHCB\lnotice\er 75.A. AA 03-1 l/CUP 03-38 EXHIBIT ~10 MAYOR Mi§uel A. Pulido MAYOR PRO TEM Brelt E, Franklin OCcOUNCILMEMBERS laudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 · Santa Aha, California 92702 www.sama-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK'OF THE COUNCIL Patricia E. Healy Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 2003-169 Applicant: Art Institute/Argosy University Project Location / Address: 3501-3511 West Sunflower Avenue, Santa Aha, CA Project Title I Description: Art Institute/The proposed project is a zone change from M1 (Light Industrial) to SD-74 for a 10.7-acre existing industrial park and a request for a conditional use permit to allow a trade school within existing buildings. And does hereby find: Signature: That the proposed project cannot, or will not, have a significant effect on the environment. Negative Declaration status is therefore granted for this project. No mitigation measures are required for the proposed project. This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. Page 143 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER2003-169 REQUEST The proposed project is a zone change from.M1 (light Industrial) to SD-74 for a 10.7-acre existing industrial park and a request for a conditional use permit to allow trade school within existing buildings. EXISTING SETTING The project site is an existing 10.75-acre industrial park located near the intersection of Sunflower.Avenue and Harbor Boulevard. Presently, located on the project site are two existing 2-story buildings and surface parking areas. The project site has a General Plan designation of Industrial and a Zoning designation of M-1 Industrial. The project situated within in area that is characterized with light industrial land uses. PROJECT DESCRIPTION The proposed project would change the existing zoning on the project site from Light Industrial to Specific Development (SD- 74). Under the SD-74 zoning designation, professional and trade school uses would be conditionally permitted and light manufacturing, warehouse and office uses would be allowed by right. ENVIRONMENTAL IMPACT ANALYSIS The following is an environmental analysis on the proposed project, based on the City of Santa Ana's CEQA Environmental Checklist. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. I. AESTHETICS (A.B) No Impact The City's Urban Design Element indicates that there are no scenic vistas or scenic resources on the project site or within the nearby vicinity. The project site is not located within the immediate vicinity of any state highway system. Implementation of the proposed project would not result in adverse impacts to any onsite or adjacent scenic resources. 75.A. Page 144 (C) No Impact The General Plan Urban Design Element identifies that the project site is located within the South Harbor Boulevard Design District. The Urban Design Element establishes goals and policies to help guide the design of land uses proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. The proposed project would not involve any new construction or modifications to the exterior of any existing buildings on the project site. Therefore, implementation of the proposed project would not degrade the existing character of the project site and the surrounding area. (D) No Impact The proposed project would not introduce substantial amounts of new lighting into the project area. Therefore, Implementation of the proposed project would not result in significant light and glare impacts within the project area. II. AGRICULTURE (A.B.C) NO Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Additionally, based on a site visit conducted by the City's Environmental Coordinator, the project site is currently not in agricultural production. Implementation of the proposed project would not result in the loss of any farmlands. III. AIR QUALITY (A) No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to 75.A. monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional plans and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional plans and local general plans. The proposed project is consistent with the City's General Plan and would not effect the population and growth projections for the City. Therefore, it would not be in co~flict with the population and growth projections established in the South Coast Air Quality Management District AQMP. (B) Less Than Significant Impact As mentioned previously, the South Coast Air ~uality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified in the Table below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2~ 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75. 150 Long-term Operational Air Quality Impacts The proposed project involves a zone change and establishment of a trade school within an existing building. The primary source of operational emissions would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent and would not increase the amount with the City's General Plan of development on the project 75.A. Page 146 site. The proposed trade school would be situated within an existing building. There would be no increases in air quality impact emissions beyond what was previously projected for and evaluated in the City's General Plan Land Use Element EIR. Therefore, implementation of the proposed project would not result in any significant long-term air quality impacts. Short-Term Construction Air Quality Impacts The proposed project would be established within an existing building. Some interior modifications to the existing building would be needed to implement the project. However, short-term air quality impacts associated tenant improvements would be considered less than significant. (C) Less Than Significant Impact The proposed project would be consistent with the City's General Plan and would therefore be consistent with the local grOwth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. (D) Less than Significant Impact As mentioned previously, the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term air quality impacts or short- term construction related air quality impacts. The project is also consistent with the City's General Plan and thus consistent with~p[the South Coast Air Quality Management Plan. Therefore, ~"lmpl.~entatlon of the proposed ~project would not expose ~sens'it~ve receptors to any 's~b~tahtial concentrations of air quality pollutants. (E) No Impact The proposed project would not generate any short-term construction related or long-term operational odors. 4 IV. BIOLOGICAL RESOURCES (A.B.C.D) No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base, there are no sensitive biological resources located on the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. V. CULTURAL RESOURCES (A) No Impact According to the National Register of Historical Structures and City of Santa Aha Local List of Historical Structures there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. (B.C.D) No Impact According to the City's General Plan Land Use Element EIR, there are no known or recorded cultural resource sites on or within the immediate vicinity of the project site. Additionally, the proposed project would not involve any earthwork activity. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources that may be present on the project site. VI. GEOLOGY/SOILS (A-l) No Impact According to the City's General Plan Land Use Element EIR there are no known active earthquake faults or fault zones on the project site. Therefore, potential ground rupture impacts are unlikely. (A-2) Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed project. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. The proposed project would not involve any new construction and therefore would not increase the risk for seismic impacts. (A-3) Less Than Significant Impact soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with high to very high liquefaction potential. However, the proposed project would not involve any new construction and therefore would not increase the risk for liquefaction impacts. (A-4) No Impact The project site is flat without any topographical relief. According to the City's General Plan Land Use Element EIR, are no landslide planes on the project site. Therefore, implementation of the project would not result in adverse impacts in regards to landslides. there (B) No Impact The proposed project site would not involve earthwork activity. Therefore, implementation of the proposed project would not result in erosion or sedimentation impacts. (C) NO Impact According to the City's General Plan Land Use Element EIR, the proposed project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. 6 75.A. (D) No Impact According the City's General Plan Land Use Element EIR, the project site is located on Bolsa Silty Loam Soils that have moderate shrink/swell potential, high corrosion potential to uncoated steel and low corrosion potential to concrete. The proposed project would not involve any earthwork activity and therefore would not be subject to geotechnical constraints that would effect the geotechnical stability of the project site. (E) No Impact The project site is a developed light industrial park with an improved sewer system. In terms of geological stability, the project site would be able to support the expansion of additional sewer facilities if needed. VII. HAZARDS/HAZARDOUS MATERIALS (A.B) Less Than Significant Impact The operation of the proposed project would not involve the routine transportation, handling, storage or disposal of hazardous materials or the emission of hazardous emissions. The long-term operation and construction activities for the proposed project could involve the handling of incidental amounts of hazardous materials. Any hazardous substances handled or stored on the project site would be subject to local, state and federal laws and regulations. Compliance with these laws and regulations would reduce potential hazard safety impacts to a level considered less than significant. (C) No Impact According to the City's General Plan Land Use Element EIR and the Santa Aha Fire Department, the project site is not identified as a hazardous material site. Implementation of the project would not create a significant hazard to the public or the environment. (D) No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, or clear zone. The project site is situated within a FAA Notification Area. According to FAA criteria, obstructions to 75.A. air navigation could occur if a structure is at least 500 feet high. Additionally, obstructions could occur if structures are 200 feet higher than the ground elevation of the of the runway and within 3 miles of the airport, 300 feet or more at 4 miles, 400 feet or higher at 5 miles and 500 feet or higher at 6 miles or more. The proposed project would be situated within a two- story building and would not be in conflict with FAA criteria. Therefore, implementation of the proposed project would not result in any airport related safety hazards to people residing in or working within the project area. viii. HYDROLOGY/WATER QUALITY (A) No Impact The operation of the proposed project would not involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board. Additionally, the proposed project would only involve tenant improvements to an existing building. No adverse water quality impacts are anticipated to be associated with construction activity for the proposed project. (B) No Impact The proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. The long-term operation of the project would not have any impact on groundwater supplies (C.D) No Impact The project site and surrounding project area is currently improved with drainage facilities. Implementation of the proposed project would not alter the direction of existing drainage patterns on the project site or significantly increase existing rates of surface water runoff. (E.F.~) No Impact According to Flood Rate Insurance Map (FIRM) Panel No. 0602320037, the project site is located within Zone X, and not subject to 100-year flood impacts. Implementation of the proposed project would not subject persons or property to significant flood risks. Fage 151 75.A. IX. LAND USE/PLANNING (A) NO Impact The proposed project would not physically divide any established community, in that no existing residential uses are located on the project site. No adverse land uses impacts would be associated with implementation of the proposed project. (B) Less Than Significant The proposed project is consistent with the General Plan and would not be in conflict with any planning programs or policies in the City. (C) No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation.plan. X. MINERAL RESOURCES (A) No Impact According to the City's General Plan Land Use Element EIR, there are no areas in the City that are designated as Significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE (A.C) NO Impact The proposed project would be situated within an existing building and would not be subject to noise levels in excess of the noise standards in the General Plan. Additionally, the proposed project would not significantly increase traffic volumes and associated mobile source noise impacts in the project area. Implementation of the proposed project would not significantly increase ambient noise levels or expose people to noise levels in excess of City standards.. 75.A. Page-152 (B) No Impact The proposed project would only require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. (D) Less Than Significant Impact The proposed project would only involve tenant improvements to the interior of the building. Construction activity for the proposed project would be subject to the City's Noise Ordinance and would be limited to 7 AM to 8 PM Monday through Saturday and not permitted on Sundays or federal holidays. Implementation of the proposed project would not result in any significant construction-related noise impacts. (E) No Impact According to the Orange County Airport Environs Land Use Plan, the proposed project site is not located within an area that is subject to high levels of aircraft noise. XII. POPULATION AND HOUSING (A.B.C) No Impact The proposed project involves a zone change and the establishment of a trade school within an existing building. Implementation of the proposed project would not induce additional population growth into the area. Nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. Implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area. The fire department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Implementation of the proposed project would result in less than significant impacts to fire protection services. t0 Police Protection: Less than Significant Impact The Santa Ana Police Department would provide police protection services for the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services. The police department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Implementation of the proposed project would result in less than significant impacts to police protection services. Schools: No Impact The proposed project involves the establishment of a trade school within an existing building. Implementation of the proposed project would not generate a need for new school facilities. Parks/Other Public Facilities: No Impact The proposed project involves the establishment of a trade school within an existing building. Implementation of the proposed project would not increase the demands for park facilities or other park facilities. XIV. RECREATION (A.B) No Impact The proposed project involves the establishment of a trade school within an existing building. Implementation of the proposed project would not have an adverse impact on any recreational services or facilities. XV. TRANSPORTATION/TRAFFIC (A.B) Less Than Significant Impact The proposed project is consistent with the General Plan and the traffic projections in the Circulation Element. The Public Works Department determined that implementation of the proposed project would not result in significant traffic impacts. 75.A. (C) No Impact The proposed project involves a zone change and the establishment trade school within an existing two-story building. Implementation of the proposed project would not result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. (D) No Impact The proposed project does not involve any design features that would create a hazard to the public. (E) NO Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has identified conditions of approval to ensure that adequate emergency access is provided. Implementation of the proposed project would not result in significant emergency access impacts. (F) No Impact The City's Planning Department has determined that adequate amount of parking is provided for the proposed project. Implementation of the proposed project would not result in significant parking impacts. (G) NO Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Public transportation facilities would be available in the vicinity of the project area to provide public access to the project site. XVI. UTILITIES (A.B.E) Less Than Significant Impact The City of Santa Ana and/or the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project would not significantly increase the demand for additional 12 wastewater facilities. Additionally, the proposed project would not require an increase in wastewater treatment facilities. Nor would the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. (C) No Impact Implementation of the proposed project would not increase the amount of surface water runoff generated from the project site. The project would not require the construction of new drainage facilities that could cause significant impacts to the environment. (D) Less Than Significant Impact The City of Santa Ana would provide water service to the project site. The proposed project would not significantly increase current demands for water service. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site.. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. (F.G) Less Than Significant Impact Great Western Reclamation would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal. Additionally, the City has adopted a Source Reduction and Recycling Element establishes policies and programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVIi. MANDATORY FINDINGS OF SIGNIFICANCE (A) No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish or wildlife populations are known to exist on the project site. The operation or construction of the proposed project would not degrade the overall quality of the environment. (B) Less Than Significant Impact 75.A. page 156 Implementation of the proposed project would result in cumulative impacts to the environment. However, the proposed project's incremental contribution would not be considered cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, and City regulations and standards, which provide specific requirements that would avoid any significant cumulative impacts within the project area. Furthermore, the incremental impacts associated with the proposed project would be at a level where they would not be considered cumulatively considerable. (C) Less Than Significant Impact The proposed project involves a zone change and the establishment of a trade school within an existing building. The operation and construction of the proposed project would not have any direct or indirect adverse impacts' on ~uman b~ings. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Aha General-Plan, September 1982 .~ 1 Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 1,. Site Visit by Dan Bott Environmental Coordinator, December 2003 California Department of Conservation Farmland Mapping and Monitoring Program Ca%ifornia D~partment Fish and Game Natural Diversity Data Base 14 :page 16 of 28 Page 156.'i 75.A. National Register of Historical Structures City of Santa Aha Local list of Historical Structures Uniform Building Code Flood Rate Insurance map 0602320037F City of Santa Aha Noise Ordinance City of Santa Ana Development Review Committee XX. PREPARERS Dan Bott, City of Santa Aha Environmental Coordinator Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Art Institute II. Project Numbers: ER 2003-169 III. Lead Agency Name and Address: City of Santa Aha Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Location: 3501 and 3511 Sunflower Avenue VI. Environmental Determination On the basis of this initial evaluation, I find that: A. [] The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. [] The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. [] Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. Printe~ Name [] Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared eadier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. 7mS~dAc;.doc\ 1.15.99 F'ad 58 Page I of 1 Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question, A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fautt rupture zone), A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). I1. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts, III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required, IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources I. Aesthetics - Would the project: Have a substantial adverse effect on a scenic vista? Damage scenic resources, including but not limited to, trees, rock outpourings and historic buildings within a state highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact md~msword\envc~eck.doc\1.15.99 PpE 8159 75;A. Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I1. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) Conflict with existing zoning for agricultural use or a Williamson Contract? Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? Air Quality - Where available, the significance criteria established by the applicable air quality management or III. pollution control district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Page 2 of 10 Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact [] [] [] No Impact IV. Biological Resources - Would the project: Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? Conflict with any local policies or ordinances [] [] [] [~ protecting biological resources, such as tree -\ preservation policy or ordinance? V, Cultural Resources - Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.57 Directly or indirectly disturb or destroy a unique paleontogical resource or site? md~msword\envcheck.doc\l. 15.99 Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact [] [] [] No Impact VI. Geology and Soils - Would the project: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? Would the project result in the loss of a unique geologic feature? Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastawatar disposal systems? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Page 4 of 10 Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? mdVnsword\envcheck.doc\1.15.99 'f age 163 75:A. Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a lO0-year floodplain structures which would impede or redirect flood flows? Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning- Would the project: A. Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan [] or natural community conservation plan? X. Mineral Resources -Would the project: Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No Impact Pa j 164 Page 6 of 10 Environmental Checklist For CEQA Compliance issues & Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Xl. Noise - Would the project result in: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or greundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Xll. Population and Housing - Would the project: Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? md~msword~envcheck.doc\l. 15.99 75;A. Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Xlll. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact [] [] [] [] XlV, Recreation Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Pa 2 66 Page 8 of 10 Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? md~msword\envcheck.doc\l.l 5.99 Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? Comply with federal, state and local statutes and regulations related to solid waste? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated impact Impact XVIL Mandatory Findings of Significance Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Page 10 of 10 Kdo/1/28/04 RESOLUTION NO, 2004-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-38 FOR A PROFESSIONAL TRADE SCHOOL USES FOR THE PROPERTY LOCATED AT 3501 AND 3511 WEST SUNFLOWER AVENUE 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: Conditional Use Permit No. 2003-38 and Amendment Application No. 2003-11, which has been filed with the City of Santa Ana to change the zoning district designation of the property located at 3501 and 3511 West Sunflower Avenue from Light Industrial (M1) to Specific Development No. 74 (SD-74), came before the City Council of the City of Santa Ana for a public hearing February 2, 2004. Conditional Use Permit No. 2003-38 has been filed with the City of Santa Ana seeking to allow a professional trade school use for the property located at 3501 and 3511 West Sunflower Avenue. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 12, 2004, on Amendment Application No. 2003- 11, and Conditional Use Permit No. 2003-38. After conducting the public hearing, the Planning Commission determined that Amendment Application No. 2003-11 is consistent with the General Plan of the City of Santa Ana, and recommended by a vote of 7:0 that the City Council approve Amendment Application No. 2003-1.1 and Conditional Use Permit No. 2003-38. Specific Development No. 74 (SD-74) allows trade and professional schools subject to the issuance of a Conditional Use Permit. Santa Ana Municipal Code Section 41-538 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Page 169 Res°luti°n ~l~a~A iiI The development of the Art Institute/Argosy University, as conditioned, will allow the expansion of an educational facility which provides needed instructional and cultural opportunities for the surrounding community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Art Institute/Argosy University expansion, as conditioned, will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addresSed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 03-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed Art Institute/Argosy University, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This unique use will provide a positive addition to the surrounding area, which will complement and improve the existing Art Institute to the west and will improve the economic viability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school and existing office and industrial uses will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. Moreover, a condition of approval of the use restricts the applicant to the submitted floor plan square footage. 75.A. Page 170 Resolution No. 2002-XXX Page 2 of 4 Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed Art Institute/Argosy University will not pose any adverse affects on the General Plan designation of Industrial (IND). The Specific Development Plan No. 74 will continue to allow the existing industrial uses in addition to the proposed trade school use. The Negative Declaration for Environmental Review No. 2003-169 was approved and adopted in the Ordinance for Amendment Application No. 2003-11 (AA No. 2003-11) adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-38 as conditioned in Exhibit "A" attached hereto and incorporated heroin. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 3501 and 3511 West Sunflower Avenue from Light Industrial (M1) to Specific Development No. 74 (SD-74) (AA No. 2003-11). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this day of 2004. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Miguel A. Pulido Mayor By: Kylee O. Otto Deputy City Attorney Resolution il~A Page 171 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-013 to be the original resolution adopted by the City Council of the City of Santa Aha on Date: Clerk of the Council City of Santa Ana 75.A. Page 172 Resolution No. 2002-XXX Page 4 of 4 Conditions for Approval for Conditional Use Permit No. 2003-38 Conditional Use Permit No. 2003-38 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the dghts conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 03-51. The curriculum for the Art Institute/Argosy University shall be limited to daytime coursework and instruction for two and four-year degree programs in visual arts, media arts, culinary, fashion, and design. Hours for these programs shall be from 8:00 a.m. to 5:00 p.m., seven days a week. Additionally, masters and doctoral evening and weekend programs including clinical psychology, education, and business administration courses shall be allowed, but only during the hours of 6:00 p.m. to 10:00 p.m., Monday through Friday, and 8:00 a.m. to 10:00 p.m, on weekends. A total of 589 parking spaces are provided for the trade school, office and industrial uses on site. The parking provided for the project is based on the floor plan configuration approved for the 'development project (DP No. 03- 51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. Elati j 173 75.A. ORDINANCE NO. NS-2645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 3501 AND 3511 WEST SUNFLOWER AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 74 (SD-74) (AA NO. 2003-11 ) AND ADOPTING SPECIFIC DEVELOPMENT NO. 74 (SD-74) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: Amendment Application No. 2003-11 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 3501 and 3511 West Sunflower Avenue from Light Industrial (M1)to Specific Development No. 74 (SD-74). The Specific Development No. 74 zoning distdct (SD-74) would allow the processing of materials into a semi-finished product, manufacturing or assembly of products, packaging of products, wholesale establishments, enclosed storage, bulk products sales, profession offices, eating establishments, trade and professional schools (with a Conditional Use Permit), and child care (with a Conditional Use Permit). The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 12, 2004, on Amendment Application No. 2003-11 and determined by a vote of 7:0 to recommend that the City Council approve Amendment Application No. 2003-11 which is consistent with the General Plan, including but not limited to its goals and policies to: 1. Encourage the location of child care facilities within employment centers (Policy 2.2) 2. Support developments that create a business environment that is safe and attractive (Policy 2.8) 3. Support land uses which provide community and regional economic and service benefits. (Policy 4.3) 75.A. Page 174 This Council, prior to taking action on this ordinance, held a duly noticed public hearing on February 2, 2004. The City Council also adopts as findings all facts presented in the Request for Council Action dated February 2, 2004 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2003-11 is hereby found and determined 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 City Council has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 2003-169 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality ACt ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 3501 and 3511 West Sunflower Avenue in Santa Ana is hereby reclassified from Light Industrial (M1) to Specific Development No. 74 (SD-74). Amended Sectional District Map number 34-5-10, showing the above described change 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 4. Specific Development No. 74 (SD-74) as attached to this Ordinance is approved adopted in its entirety. Page 175 75.A. 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. ADOPTED this ~ day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75.A. Page 176 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2645. to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 Page 177 75.A. ART INSTITUTE/ARGOSY UNIVERSITY Specific Development Plan No. 74 (SD-74) Section 1. Applicabilit7 of Ordinance The specific development zoning district for the Art Institute/ Argosy University, 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. 74 (SD-74), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging ordedy development. Art Institute/Argosy University SD-74 sets the development and design criteda for a development consisting of approximately 10.3 acres. The purpose of this specific development plan is to permit flexibility in the site planning and design to respond to market conditions while assudng high quality development. SD-74 specifically establishes for the property the following: · Permitted uses · Development standards, including building required setbacks, parking requirements, provisions and enfomement policieS · Operational standards · Maximum authorized development intensity · Signage provisions height limits, landscaping Section 3. Objectives The objectives of the Art Institute/Argosy University Specific Development Plan No. 74, include provisions of the following: · Landscaping that is appropriate to the level of development and sensitive to the surrounding community. 75.A. Page 178 · A visually harmonious development as viewed both intemally and externally. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. · Flexibility of development in response to market conditions, while achieving overall City and community goals. · Creation of new employment opportunities. Section 4. Uses Permitted Uses Permitted on all parcels in the SD-74 District: (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 manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41- 489.5. (e) Wholesale establishments where the pdmary trade is business-to-business sale of products, supplies and equipment. (f) Enclosed storage, warehouse and wholesale. (g) Bulk products sales (25 cubic feet or greater) when such products are the primary sales activity. (h) Professional, administrative and business offices, except medical offices. (i) Eating establishments not specified in section 41-472.5. Page 179 75.A. Uses subject to a conditional use permit on all parcels in the SD-74 District: (a) Trade and professional schools (b) Child care other than as permitted by section 41-472.1 of the SAMC (c) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. Section 5. Maximum Permitted Buildin,cl Intensity The maximum authorized building intensity for the Art Institute/Argosy University is 202,490 square feet for industrial uses. The maximum floor area ratio allowed is 0.45. Section 6. Development Standards Building Height. All future on-site uses will be subject to a height limitation of 35 feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. Setbacks. A minimum 15-foot front yard setback shall be provided between proposed on-site uses and any future right-of-way boundaries for Sunflower Avenue. Parking and loading. The off-street parking requirements for the proposed uses are as follows: (a) Warehouse, distribution and storage: One space for each 1,000 square feet of gross floor area. (b) Manufacturing facilities: Two spaces for each 1,000 square feet of production area. Office space exceeding 30 percent of the gross floor area of a manufacturing facility must meet the off-street parking requirements for office use, (c) Processing, packaging and treatment: Two spaces for each 1,000 square feet of gross floor area. (d) Offices, business and professional: Three spaces for each 1,000 square feet of gross floor area. 75.A. Page 180 (e) Trade and professional schools: ' One space for each 40 square feet of classroom floor area, plus one space for each three 333 square feet of office floor area. A passenger loading and unloading zone shall be painted and provided for each building used for instruction purposes. 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. Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines consistent with the Commercial Landscape 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 City Landscape Associate. (a) A landscaped area not less than 15 feet wide shall be maintained along any property line to the extent that it abuts Sunflower Avenue, except at approved driveways. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. Architectural and Design Features. Extedor Materials: Extedor materials and finishes to comply with an approved materials board. Trash enclosure and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. Design Features: Shall be designed to be integrated with the existing buildings. Any new additions shall match the original in terms of scale, rooflines, materials and color. · Color Scheme: Neutral colors shall be used for the overall color scheme. 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. Page 181 75.A. Enforcement. The penal provisions and permit requirements of the SAMC (effective as of the date of adoption of this SD-74) shall apply to all development within the Art Institute Specific Development Plan No. 74. Section 7. Si.qna.qe. All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the SAMC. 75.A. Page 182 MAC ARTHUR SUNFLOWER AVE. City of Costa Mesa -B PARKING MODIFICATION CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL L~t ~ Oaxa: I-2~"0~ 03 CENTRAL BUSINESS 0 OPEN SPACE RE REAL ESTATE I~L'I:fTRTT A