HomeMy WebLinkAbout75C - PUBLIC HEARING RE-ZONING
REQUEST FOR
COUNCIL ACTION
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. CITY COUNCIL MEETING DATE:
AUGUST 2, 2004
TITLE:
PUBLIC HEARING - AMENDMENT APPLICATION
NO. 2004-03 TO CHANGE THE ZONING FROM
COMMUNITY COMMERCIAL (Cl) TO SINGLE-
FAMILY RESIDENTIAL (Rl) ZONING
DISTRICT FOR SEVEN PROPERTIES ADJACENT
TO WESTjJ:¡þ;;EVARD
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance approving Amendment Application No. 2004-03.
PLANNING COMMISSION ACTION
.After receiving public testimony, the Planning Commission recommended
that the City Council adopt an ordinance approving Amendment Application
No. 2004-03 at its July 12, 2004 meeting by a vote of 7:0 (Exhibit A) to
change the zoning from Community Commercial (C1) to Single-Family
Residential (R1) for 1406, 1622, 1706, 1707, 1727, 1735 West Santa Ana
Boulevard and 418 Forest Street.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ste hen G. Ha ding
Executive Di ector
Planning & Building Agency
MGM:rb
mgm\plancomm\aa04-03.cc
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75C-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JULY 12, 2004
TITLE:
PUBLIC HEARING - AMENDMENT APPLICATION
NO. 2004-03 TO CHANGE THE ZONING FROM
COMMUNITY COMMERICAL (Cl) TO SINGLE-
FAMILY RESIDENTIAL (Rl) ZONING DISTRICT
FOR SEVEN PROPERTIES ADJACENT TO WEST
SANTA ANA BOULEVARD
Prepared by Melanie G. McCann
APPROVED
0 As Recommended
0 As Amended
0 Set Public Hearing For
DENIED
0 Applicant's Request
0 Staff Recommendation
CONTINUED TO
~e:ve Director
RECOMMENDED ACTION
~^
'-' Planning Manager
Recommend that the City Council adopt an ordinance approving Amendment
Application No. 2004-03.
DISCUSSION
Request of Applicant
Several property owners have submitted a joint amendment application
requesting the zoning district for the following properties be changed
from Community Commercial (C1) to Single-Family Residential (R1):
Property Address Property Owner
418 Forest Street Samuel Buitron and Petra Buitron
1406 West Santa Ana Boulevard Mario Olmedo
1622 West Santa Ana Boulevard Ruben and VirQinia MaQana
1706 West Santa Ana Boulevard Isidro Cantovan Espinal
1707 West Santa Ana Boulevard Michael Huizar
1727 West Santa Ana Boulevard Jose M. Ubaldo
1735 West Santa Ana Boulevard Ernesto Estrada, Trustee
Property Description
The rezoning proposal involves seven properties
near Santa Ana Boulevard between Raitt Street
propertiee are also within the boundaries
Neighborhood (Exhibit 1).
generally located along or
and Hesperia Street. The
of the Artesia Pillar
EXHIBIT A
75C-2
emendment Application
July 12, 2004
Page 2
No. 2004-03
The existing General Plan land use designation for the affected properties
is Low Density Residential (LR-7) allowing a maximum density of seven
dwelling units per acre of land (Exhibit 2). Presently, the subject
properties are assigned with the Community Commercial (C1) zoning
district. One of the seven subj ect properties is presently a vacant
parcel with the remaining properties containing existing single-family
residences (Exhibit 3). The surrounding area is also predominantly built-
out as a single-family residential neighborhood; but also includes a
limited amount of existing non-conforming commercial businesses, a number
of churches, elementary schools, duplexes and a few multiple family
developments.
Analysis of the Issues
As the overriding policy guide, the General Plan Land Use Element details
the type, location and intensity of the development and land uses
permitted in the City. As referenced in the Land Use Element, there are
8orresPOnding zoning districts for implementing each of the general plan
and use designations. The primary zoning district corresponding to the
Low Density Residential General Plan designation is the Single-Family
Residential (R1) zoning district. The proposed zoning amendment is in
keeping with one of the long-term goals of the Planning Division, which is
to eliminate the inconsistencies between the City's General Plan Land Use
Element and the underlying zoning district.
As detailed in the Zoning Code (Section 41.681.4), structural alterations
or additions may only be made to an existing single-family or two-family
dwelling if the property is located in a residential zone, with the
exception of the Professional (P) zoning district. The project applicants
are pursuing the proposed zone change to allow future additions and
modification to their existing single-family dwelling and/or vacant lot in
the Community Commercial (Cl) zone. The proposed zoning amendment action
will allow for future site improvements and bring the General Plan land
use designation and zoning into consistency. The properties proposed for
amendment to the Single-Family Residential (Rl) zoning district are
primarily located along Santa Ana Boulevard (Exhibit 4). At a future
date, as part of a comprehensive citywide zoning studYI the remaining
parcels in this neighborhood with non-residential zoning will be
considered for rezoning to Rl. The proposed rezoning responds to the
_needs of specific property owners who desire to pursue rehabilitation and
odification of their residence and property.
Based on the above analysis and the consistency with the City's General
Plan, approval is recommended of Amendment Application No. 2004-03.
75C-3
Amendment Application
July 12, 2004
Page 3
No. 2004-03
CEQA Compliance
In accordance with the California Environmental Quality
recommended action is exempt from further review. Categorical
will be filed for this project.
Act, the
Exemption
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Senior Planner
Melanie G. McCann, AICP
Associate Planner
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:::::::: MR-15 (Medium Density Res.) 1»»»1 INS (Institutional)
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PROPOSED ZONING AMENDMENT
[.";;.>1 C1 to R1 Zoning
PLANNING
AND
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L DIN G
AGE N C Y
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ORDINANCE NO. NS-2658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTIES LOCATED AT
1406,1622,1706,1707,1727 AND 1735 WEST SANTA ANA
BOULEVARD, AND 418 FOREST STREET, FROM
COMMUNITY COMMERCIAL (C1) TO SINGLE-FAMILY
RESIDENTIAL (R1) (M NO. 2004-03)
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:
A.
The various property owners are requesting approval to change the zoning
designation of properties located at 1406, 1622, 1706, 1707, 1727 and 1735
West Santa Ana Boulevard, and 418 Forest Street, from Community
Commercial (C1) to Single-Family Residential (R1) (M NO. 2004-03).
B.
On July 12, 2004, the Planning Commission held a duly noticed public
hearing on this application, and unanimously voted to recommend that the
City Council adopt an ordinance approving Amendment Application
No. 2004-03.
C.
The City Council of the City of Santa Ana held a duly noticed public hearing
on the abovesaid action on August 2, 2004, and has considered all
testimony, written and oral.
Amendment Application No. 2004-03 has been filed with the City of Santa
Ana to change the zoning district designation of certain real property located
at 1406, 1622, 1706, 1707, 1727 and 1735 West Santa Ana Boulevard, and
418 Forest Street from Community Commercial (C1) to Single-Family
Residential.
1. All these properties, located in the Artesia Pillar neighborhood,
already are designated in the City's General Plan Land Use
element as Low-Density Residential.
Six of the seven properties are currently improved with a single-family
home, and the seventh is currently a vacant parcel. The surrounding
area is also predominantly built-out as a single-family residential
neighborhood; but includes a limited amount of existing non-
conforming commercial businesses, churches, elementary schools,
duplexes and a few multiple family developments.
Amendment Application No. 2004-03, if approved, would bring the
zoning of these properties into consistency with the Land Use
Element of the City's General Plan.
D.
2.
3.
75C-9
4.
The City Council has weighed and balanced the General Plan's
policies and has determined that based upon this balancing that the
change of zoning designation of the properties located at 1406, 1622,
1706, 1707, 1727 and 1735 West Santa Ana Boulevard, and 418
Forest Street is consistent with the purpose of the general plan.
5.
The City Council also adopts as findings all facts presented in the
Request for Council Action dated August 2, 2004 accompanying this
matter.
6.
For these reasons, and each of them, Amendment Application No.
2004-03 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.
E.
In conformance with the California Environmental Quality Act, a categorical
exemption has been prepared and filed in conjunction with this project.
Section 3. The real properties located at 1406, 1622, 1706, 1707, 1727 and
1735 West Santa Ana Boulevard, and 418 Forest Street, are hereby reclassified from
Community Commercial (C1) to Single-Family Residential zoning district. Amended
Sectional District Map number 11-5-10, 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. (M No. 2004-03).
Section 4. 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 anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this - day of
,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
75C-10
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.
.
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2658 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
75C-11
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10-5-10
WESTMINSTER
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Zoning District ADOPTED BY RESOLUTION NO. 5166 BY THE SANTA ANA PlANNING COMMISION
PART OF ORDINANCE NO. NS.394 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959.
A1 GENERAL AGRICULTURE C5 ARTERIAL COMMERCIAL PRD PLANNED RESIDENTIAL DEVELDPMENT
-B PARKING MODIFICATION CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL
C-SM COMMERCIAL SOUTH MAIN GC GOVERNMENT CENTER R2 liMITED MULTIPLE FAMILY RES.
C1 COMMUNITY CDMMERCIAL M1 LIGHT INDUSTRIAL R3 MEDIUM DENSITY MULTIPLE
C1.MD COMM- COMMERCIAlJMUSEUM DISTRICT M2 HEAVY INDUSTRIAL FAMILY RESIDENTIAL
C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS
C3 CENTRAL BUSINESS 0 OPEN SPACE RE REAL ESTATE
C3-A CENTRAL BUSINESS.ARTIST VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT
C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN
SCALE IN FEET
0 1000
60- MINIMUM FRONTAGE
.6000 MINIMUM LOT AREA
Latest_D.Ie, n-8~1-DL_n
THIS MAP IS THE OFFICIAL SECTIONAl..
DISTRICT MAP OF THE CITY OF SANTA ANA.
AS AVTHORIZEO BV CITY COUNCIL
RESOlUTION NO. 74-'63,DATEO 11.1IH,f,1
HEREBY ATTEST THAT THIS MAP IS A TRUE
copy OF THE ORIGiNAl SECTIONAL DISTRICT
MAP NO. ff-5-tO.
-~~NE~
OEPUTY CITY MAHAGEA FOR
DEVELOPMENT SERVICES
CarOOcate Dale SEPTEMBER 10 1982
RES. 1 A.A.I ANX. NO. AA 1029 AA1051 AA1052 AA1067 AA96-2 AAoo", AA01-Q1 AA 02-8 AA~'3
ORD.I RES. NO. 1<5-2036 NS-2137 N8-2139 N~2228 NS-2292 NS-2S41 NS-2465 NS-2515
ADOPTEDOATe 11-20-89 7-17.91 8-19-91 7-18-94 6-3-96 10-16-00 4-16-01 9-16-02
APPPROVED ~ ~ ~ ~ ~ IA~ A~ A~
RES./ A.A./ ANX. NO. 5241 5367 54013 5456 5482 .... 5508 5507 5513 5519 ...9 5796 5620 5623 6936 5959 6036 6044 AA756 AA981 AA 904 AA 959 AA'" AA 969
ORD./ RES. NO. NS-412 NS-447 1<5-490 N5-470 NS-499 NS-S10 NS-527 N$-528 NS-534 NS-540 N5-691 N~7 NS-S99 NS-9Q2 .--- NS-10n NS-1171 NS-1193 NS-1348 NS-1679 NS-1747 Ng...1853 NS-1924 1<5-1944
ADOPTED DATE 11-2-59 <-18-60 9-1-00 10.3-60 2-20-81 8-6-61 9-7-61 9-7-61 9-21-61 11-2-61 11-4-63 3-0-67 12-4-67 12-4-67 3-17-69 5-3-71 7-2-73 12-17-73 3-7-77 3-2-83 9-1N14 7-7-88 7-2C).87 12-21-87
APPPAOVEO fJI8 fPtlfl'- fPtlfl'- fPt4- ~ ~ ~
PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA CALIFORNIA
EXHIBIT
A
75C-12