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Home My WebLink About75B - 2041 SOUTH MAIN STREET CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 5, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET - KELLY'S BODY SHOP, APPLICANT APPROVED D As Recommended D As Amended D Ordinance on 1 sl Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~ .' ~ ~~ CITY MANAGER CONTINUED TO -- FILE NUMBER RECOMMENDED ACTION Adopt a resolution denying Amendment Application No. 2006-01, PLANNING COMMISSION ACTION On August 14, 2006, the Planning Commission recommended that the City Council deny Amendment Application No. 2006-01 by a vote of 6:1 (Benavides abstained) to change the zoning designation from South Main Street Commercial (C-SM) to General Commercial (C-2) to allow the expansion of Kelly's Auto Body Shop at 2041 South Main Street. The Planning Commission made no changes to the recommended action (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~e~~~~ctor Planning & Building Agency VF:rb vf/reports/aa06~Ol.cc ~ 758-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: AUGUST 14, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~/) Executive Director ~~-- Planning nager RECOMMENDED ACTION Recommend that the City Council deny Amendment Application No. 2006-01. DISCUSSION Request of Applicant Mr. Benjamin Mendoza is requesting approval of an amendment application to change the zoning of the subject property from South Main Street Commercial (C-SM) to General Commercial (C-2). The applicant intends to rehabilitate and expand the existing auto body business that is located on Main Street, which is not allowed under the current zoning due to the auto use's nonconforming status. Property Description The property is a 0.77 acre, rectangular shaped parcel of land located on Main Street between St. Andrew Place and St. Gertrude Place. The site, which consists of three separate lots, is currently occupied by Kelly's Body Shop, a business that has been operating since 1993. The site currently contains two buildings i a one-story, 1,190 square foot office building and a one-story, 2,330 square foot automotive repair structure. In addition, two open air canopies are located behind the two buildings. A total of 44 parking spaces are provided on-site for the development. The property is currently zoned South Main Street Commercial (C-SM) and is designated as General Commercial (GC) on the Santa Ana General Plan. Surrounding land uses include commercial uses to the north and west, commercial and residential uses to the south, and a combination of single- family and multi-family residential uses to the east (Exhibits 1 and 2). EXHIBIT A 758-2 Amendment Application No. 2006-01 August 14, 2006 Page 2 Project Description Mr. Benjamin Mendoza is requesting approval of a zone change to change the zoning designation of a property located at 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) (Exhibit 3) . If this action is approved, the applicant intends to demolish one existing building, remodel another building and construct two new buildings for the auto body business. The project is proposed to be developed in four phases. Upon completion of all phases, two existing open canopies are proposed to be removed and replaced by two work bay buildings: a 3,000 square foot (Phase 1) and a 5,000 square foot (Phase 2) facility. In addition, the existing 2,330 square foot building located along Main Street would be converted from a paint and body building into an office building (Phase 3). Finally, the existing office building located on Main Street would be demolished to provide additional parking for the use. At the completion of all phases, a total of 48 parking spaces will be provided for the project (Exhibits 4 and 5) . Analysis of the Issues In April 2000, the City Council adopted Ordinance No. NS-2420 to establish a new zoning district on South Main Street. This new zone, the Commercial South Main zoning district (C-SM), rezoned properties generally located between Walnut Street and Warner Avenue. The creation of this designation was in response to concerns regarding the desire to upgrade and revitalize one of the most unique streetscapes in the City. Since the South Main Street area was identified as a major commercial thoroughfare whose predominant development pattern differed from other commercially zoned properties, a new zoning designation was created for this area. The C-SM zone included several features that differed from other commercial designations found in the zoning code, such as allowing development on lots smaller than 15,000 square feet in size, provisions to allow off - si te parking, allowing a reduction in the 15 - foot front yard setback standard and modifications to permitted uses. The permitted uses in the C-SM zone were focused to create a greater commercial consistency of land uses, specifically pedestrian-friendly and neighborhood serving commercial uses. As a result, automotive related uses such as sales and service, including auto body facilities, were not incorporated into the C- SM standards. This action resulted in Kelly's Auto Body becoming a legal nonconforming use subject to the provisions of Article VI of Chapter 41 of the Santa Ana Municipal Code (SAMC) , which establishes standards for the regulation of nonconforming buildings and uses. 758-3 Amendment Application No. 2006-01 August 14, 2006 Page 3 Kelly's Auto Body desires to expand its existing facility. Section 41-681 of the SAMC states that "No nonconforming building, or building occupied by a nonconforming use shall be enlarged nor shall the exterior walls of such a building be structurally altered in any manner unless such building and the site on which it is located will thereafter conform to all applicable provisions of this chapter.... 11 In order for Kelly's site to achieve conformancy the auto use would have to be removed from the site. Since this would be counter to the owner's goal of continuing to operate an auto body use on the site, the use could not be brought into conformancy and no enlargements or structural alterations can be achieved. In this case, the applicant's request can only be facilitated if the zone is changed to a category that allows auto uses, such as the C2 zone or if the C-SM zone is amended to allow auto service uses. In considering these rezoning options, staff reviewed the original policy considerations that informed the Council's action in 2000. Beginning in 1999 the City Council began a process to address inconsistent uses and incompatible development standards in the South Main Street area. This process included the involvement of the South Main City Council Committee, the South Main Merchants, the Heninger Park Neighborhood Association, and the Planning Commission. After extensive study new standards were developed to preserve the unique development pattern along South Main, strengthening it as a location for specialty retail, and providing for the eventual transition of incompatible uses out of the area. Through this process eight use categories were specifically prohibited in the C-SM zone. These are: 1. Automobile repair and automobile servicing uses. 2. Automobile sales. 3. Service stations. 4. Mortuaries. 5. Hospitals and sanitariums. 6. Clinics and medical office uses. 7. Golf courses. 8. Churches and accessory church buildings. The intent of the rezoning was to encourage pedestrian-friendly and neighborhood serving commercial uses. If approved, a nonconforming use that achieves the zone change would extend the and would make the site less likely goals of the C-SM zoning standards. life of the legal to recycle to a use Second, the removal 758-4 Amendment Application No. 2006-01 August 14, 2006 Page 4 of the parcel from the C-SM designation would set a precedent for other similar uses along the South Main Street corridor. Currently, there are approximately 20 automotive related uses operating on South Main Street. Approval of this application could result in several requests to rezone properties to allow the expansion of similar uses, further impeding the transformation of the South Main Street corridor. If the C-SM zone itself is changed to allow auto uses, it would represent a significant change in policy for the South Main area, would remove all the existing auto uses from a nonconforming status, and would pave the way for additional auto service uses to be established. Finally, the proposed zone change does not implement the larger policy goal the City is trying to achieve, which is to promote neighborhood serving commercial uses along this corridor. On March 27, 2006, a study session was held with the Planning Commission regarding nonconforming uses in the C-SM zoning district. After extensive discussions regarding this issue and various land use options for the corridor, the Commission noted the importance of maintaining the existing zoning for the corridor and the need to encourage more uses that serve the adj acent neighborhoods. As the proposed proj ect is not consistent with the intent of the Commercial South Main Street zoning designation, staff recommends that the Planning Commission recommend that the City Council deny Amendment Application No. 2006-01. CEQA Compliance In accordance wi th the recommended action is not environmental documentation California considered is required. Environmental Quality Act, a CEQA project. 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":"'\'>/. \^;?i;. , -0 ;s ~ Cl ,., ~ ..-l 0.. lLl b VJ ;s lLl Z 00 KO- 8/29/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO REZONE THE PROPERTY LOCATED AT 2037 AND 2041 SOUTH MAIN STREET FROM SOUTH MAIN STREET COMMERCIAL (C- SM) TO GENERAL COMMERCIAL (C-2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2006-01 has been filed with the City of Santa Ana to rezone the property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 14, 2006 on Amendment Application No. 2006-01. The Planning Commission determined by a vote of 6:0:1 (Benavides abstaining) to recommend that the City Council adopt a resolution denying Amendment Application No. 2006-01. C. On September 5, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on Amendment Application No. 2006-01. D. In April 2000, the City Council established a new zoning district for both sides of South Main Street. The purpose of the rezoning was to upgrade and revitalize the unique streetscape found on South Main. The permitted uses in the C-SM zone are focused on pedestrian-friendly and neighborhood-serving commercial uses. E. After extensive study, new standards were developed for the C-SM zone, including (1) provision for buildings to be constructed at the back of the sidewalk with no front setbacks for landscaping or parking, and (2) the prohibition of non-pedestrian friendly retail uses such as automobile repair and servicing uses and automobile sales. F. The current C-SM zoning for the subject property facilitates this vision of pedestrian-friendly and neighborhood-serving commercial uses. The applicant's proposed rezoning would permit, and its site plan would provide for, a new parking lot to be constructed at the front of the subject property. 758-11 Resolution No. 2006-XXX Page 1 of 3 G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) does not bear a substantial and reasonable relationship to the public welfare. H. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 2037 and 2041 South Main Street would be arbitrary and capricious and would not be consistent with the appropriate planning or land use criteria. I. In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby denies Amendment Application No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 5, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 758-12 Resolution No. 2006-XXX Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-13 Resolution No. 2006-XXX Page 3 of 3 758-14