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Home My WebLink About75B - PH - REZONE 909 N GRAND AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 4, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC HEARING — AMENDMENT APPLICATION M NO. 2013 -03 TO REZONE FOUR PROPERTIES ❑ FROM MULTIPLE - FAMILY RESIDENCE (R3) TO ❑ GENERAL COMMERCIAL (C2) AT 909 NORTH ❑ GRAND AVENUE — CITY OF SANTA ANA, APPLICANT CITY MANAGER / • i ! • As Recommended As Amended Ordinance on I" Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO [.1111114[ m-.14 + Adopt an ordinance approving Amendment Application No. 2013 -03. PLANNING COMMISSION ACTION On October 14, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013 -03 by a vote of 7:0 in order to rezone the property located at 909 North Grand Avenue from Multi - Family Residential (R3) to General Commercial (C2). The Planning Commission made no changes to the recommendations and conditions outlined in the attached staff report (Exhibit A). DISCUSSION This action changes the zoning at 909 North Grand Avenue, which has been operated as an automobile sales business since 1961, from multi - family residential to commercial. This zone change brings the site into conformance with the underlying General Plan land use designation of General Commercial and will allow for the current business to modify or expand. FISCAL IMPACT There is no fiscal impact associated with this action. J". . Trevino Executive Director Planning & Building Agency VF: rb vflraportsAA13 -03 909 N Grand o0 Exhibit: A. Planning Commission Staff Report 7513-1 75B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 14, 2013 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR AMENDMENT APPLICATION NO. 2013-03 TO REZONE FOUR PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (113) TO GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE Prepared by Vince Fregosa Executive Director —� RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mar�Ager Recommend that the City Council adopt an ordinance approving Amendment Application No. 2013-03. DISCUSSION Request of the Applicant The City of Santa Ana is requesting approval of an amendment application in order to rezone four properties located at 909 North Grand Avenue from Multiple- Family Residence (R3) to General Commercial (C2). Proiect Location and Site Description The subject site consists of four properties located at 909 North Grand Avenue. These parcels, which will require a voluntary lot merger when the property owner proposes new construction on the site, are irregular in shape and total approximately 2.81 acres in size. The two northernmost properties are approximately 0.81 acres in size and are remnant parcels from the Santa Ana Freeway (1 -5) Widening project. These parcels were acquired from Caltrans and integrated into the site approximately 13 years ago. The remaining two parcels are located south of the former remnant parcels and are about 2 acres in size. The site is currently occupied by a Kia automotive dealership and Tom's Trucks. A total of three sales and service buildings are located on the premises that total approximately 23,500 square feet. The site is surrounded by the Santa Ana Freeway (1 -5) to the north, the Orange County Register facilities to the south and east, and commercial and multiple- family residential uses to the west (Exhibits 1, 2 and 3). EXHIBIT A 75B -3 Amendment Application No. 2013 -03 October 14, 2013 Page 2 Proiect Description The City of Santa Ana is proposing a clean -up action by rezoning four parcels of land from Multiple - Family Residence (R -3) to General Commercial (C -2) in order to create consistency between the zoning and automotive sales land use of the site as well as create consistency between the zoning and general plan land use designation. No development is proposed at this time by the property owner. . . In 1961, Variance No. 1527 was approved to allow a new and used car retail sales plant together with accessory garage repair activities on the residentially zoned (R -3) site. In 1962, Reason Buick obtained its approvals to allow auto sales and service, becoming the first tenant of the site, where it remained until the early 1990's. in 1994, Tom's Trucks received approval to allow the retail sales of trucks at this location. In 2002, The Suzuki Depot received approval to allow auto sales on the premises. The applicant has met with staff to begin discussions regarding future development opportunities on the site, including an expansion of the automotive /truck sales component and to pen-nit additional signage. A proposal for new signage will be submitted as a separate item and will require Planning Commission review and approval of a variance. General Plan and Zonina Analysis The subject site has a General Plan land use designation of General Commercial (GC), which allows for commercial and office uses such as the existing auto sales use. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City such as Grand Avenue. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including automotive sales and services. The subject site is zoned Multiple- Family Residence (R -3), which allows the construction of multiple - family residential dwellings such as apartments and condominiums. This designation is not consistent with the current automotive sales and service use. The approval of the amendment application will make the use consistent with the General Plan land use designation (Exhibit 4). Proiect Analysis City staff has begun discussions with the property owner, the Heidler Trust, on the potential use of the site. These discussions stem from the owner's interest in reviewing the development potential of all parcels owned by the entity in the City as well as an interest in master planning the 909 North Grand Avenue site. The inconsistency between the zoning designation, which allows multi - family residential development, and the commercial General Plan land use designation impedes the master planning of the site. To facilitate the commercial potential and future development opportunities of the site, an amendment application is needed to change the zoning of the properties from Multiple- Family Residence (R -3) to General Commercial (C -2). 75B -4 Amendment Application No. 2013 -03 October 14, 2013 Page 3 The existing R -3 zoning of the property is intended to facilitate the construction of multi - family residential developments on the site, such as apartments and /or condominiums. This R -3 zoning has been in place since at least 1959, when the zoning for the area was approved by the City Council. However, when the property was entitled in 1961, a land use variance was granted to allow automotive sales and service on the site, a use which has remained at this location since the approval of the variance. As the existing Multiple- Family Residence (R -3) zoning designation prohibits the use of the site for commercial purposes, an amendment application to change the zoning is required. Staff is recommending approval of the zone change for several reasons. First, the rezoning of the site will create consistency between the Zoning and General Plan land use designations. This consistency will give the property owner clear direction in regards to potential land uses, development opportunities and development standards for the property. Secondly, the site is physically suitable for commercial uses. The site meets or exceeds the Commercial Development Standards, is located on an arterial street that serves as a major commercial corridor in the City, and has direct access to the 1 -5 Freeway, all which makes a commercial use such as the existing automotive sales and service use the best use of the land. Further, given the proximity of the site to the 1 -5 Freeway and the numerous noise and health related impacts resulting from being in close proximity to a major interstate freeway, it is highly unlikely that a viable residential project could be developed on the site. Thirdly, the rezoning of the site will make the use conforming with the proposed zoning designation. Currently, the auto sales use is not a permitted use in R -3 zoning district, which makes the use legal nonconforming. The rezoning of the site will bring the use into compliance with the Zoning Code and will allow future improvements to be made to the site. If the residential zoning designation were to remain, the site would still be occupied by an automotive sales use, but future improvements would be restricted. The legal non - conforming provision of the code would limit work on the site to maintenance and would preclude extensive rehabilitation, expansion or new development. Public Notification The project site is located within the Saddleback View Neighborhood Association and is adjacent to the Mabury Park and Fairbridge Neighborhood Associations. The Presidents of these neighborhood associations were notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2013 -60 will be filed for this project. 75B -5 Amendment Application No. 2013 -03 October 14, 2013 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2013 -03. Vince Fre oso ICP ' Principal Plan VF:jm Amppds41A13 -03 909 N Grmd.101413.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photograph Exhibit 4 — Zoning Map 75B -6 C54 R1 AI D .M M N M2 x \ p 313 flt M2 1, D ..3 R2 D O- s p.t R1 M2 O $q.21 RI R7 �� ¢z ar Ms O Mi v R3 Ri M2 i R1 R1 R2 Rx R7 R1 Ri U. cze cx.�, O M2 M 2 M2 en � ft7 R L a .CRO2n cz CC2 u— M2 w' c1 ' q P P SD�� %•- cz Y M2 M2Na M2 Mt .P2 P � ! R2 R2 xR2 R2 Mt CZ R2 M2 M2++M M2 Ml M+ Sx i G2 R2 R2 C55 R2 R R2 C2 M. C 9 •� cs G ` C2 I_ ! g C2 tx,W uw. cz.+. .ai Mi Mi M2 Mt Mt x C2 C2 O R2 ��i« C2 Ri M R3 R3 R3 R } aO RS �� MI Ml "r M2 M1 I °gam q R3 R3 R3 RS R3 I� RS Mi '� o o RS Al G8IBMLAGR0.ILLAW CR C74M80A1.R9GBIRAL RI BNCi ]LY�G L 4 FAMRNGMODACAXN GC t?7v13iMiHJ aNl m iWOFAMRYR C9d CpMMf30ALsxn" AR-0 M1 WiTINDJ74AL m MIAflR 0"WmLRR CI fA'&WL"1YDGMMum M2 HiAWINDL6iIM FAMILYR9084M Cl MD aial<'A_O]MM AUMLl NDISMU MD MILITAM0Rjg1RIF6 w 9JK*6kNAFk MeM C2 G ff%LcommeuAL D OPEN 3P FE F®DBAKSA1 C3 c8i1PAL%SWES P RCFESSWL m SFMFCD Ai.CR.a3iT C3A C80lAL3BNMAMWMUAGE PW RANNEDCDMM.N DNSAF+1 3� $+87F1CRA.N G A.ANN®9 NGC8f18R FW RANNMFMDR LDE OPA81t C9 AR164400MMOM AA 2013 -3 CITY OF SANTA ANA 909 NORTH GRAND AVENUE - - m500 FEET V- 1000 FEET P L A N N I N G A N D B U I L D I N G A G.. E N G_.. Y EXHIBIT t VICINITY MAP 75B -7 AA 2013 -03 THE CITY OF SANTA ANA 909 NORTH GRAND AVENUE. P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75B -8 STATE PROPERTY STATE PROPERTY STATE PROPERTY S,Q q q N, y Fq FFh� �y OULEVARD P P PN COMM. P a u ; w;tn %QErr7 COMMERCIAL pF VACANT ce OFFICE FRUIT STREET W w W REGISTER J J J z NwN ��yw M.F.R. cc AA 2013 -03 THE CITY OF SANTA ANA 909 NORTH GRAND AVENUE. P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75B -8 a� `48 AA 2013 -3 CITY OF SANTA ANA - ZONING AMENDMENT 909 NORTH GRAND AVENUE EXHIBIT 3 75B -9 t t i i 17TH ST n cs i Ls 17TH ST ■ . Q oM fr M w LS > _ 4ms Q Rt O CS >>f Imur NMN_ S s -a, r.v `a P+ R1 C! Pt e •_ a } 4Mar _4ix ,m aePt P, P] o RA > CS v7,uPntoxAY wni rcx AV ""' pqa iwc S II F M R1 I > P] M rRt P P1 R1 i - i rwrtar AD 9+ R1 U PI Sxovxfr ;:.5 R1 M' yy P Pt R1 .:t RI . :.v. •.s P ^a^ Rt ,mat Pt M > RI > Rt UP P v ; ama - Ri. f� < P K K M W -� nE GS! Mt ..]. 2 y AR K ams. rwRSr= Y II u Ina s cs R cs �y it �'I '1'�� 10 y< cs1111 �V •� �� 3 1STST iSTST ti U SECT10f0LDISTRICT MAP S49 e[r Wk—UMFUND ADOPTED BY THE SANTAANA CITY COUNCIL. MARCH 2,1959 BY ORDINANCE NS800_ B6 UMFPON s HY 8000 NINMMNwrweMn Al GENEPKAGWCULNRAI C -SM SWTH MAIN STREET CDAYAERLIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SINGLE-FAMILY RESIDENCE Ms xA•Pm DNNw semmxN mmcrwPa MemaorswnMM CI-MO COMMUNITYCOMMERCIAL. SEUMDISTRILT M1 LIGHTINDUSTRIAL R4 TYY0.FAMILYRESIOENCE ^aW ^a^MFDnvn cmncR N]GVIaMM r,.Ia.wrzD�1.�s4.i LZ OENERALCOM.IERCML M3 NFAW INDUSTRIAL M MulT1PLE-FAMILY RESIDENCE xRrcFYmm�mnnMawxnnmP CS CENIAAL BUSINESS NO MILITARY OPERATIONS 0.4 SUBURBAN APMIMENT IlataOaxM Mmuuwsrar W xxD FS.a CIA CENTRAL BUSINESS- ARTIST5 VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE U PLANNED SHOPPING CENTER OZ OOERUY ZWE SO SPECIFIODEVELOPMENT sT,a • +A[axD CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPELIFlC PLAN R MM_MMw ,1unu]wemm aa:. CR COMMERCIAL RESIDENTIAL POD PLANNED COIMUNITV DEVELOPMENT A4-A t9, IDR u-- xi.Na +omrf0 R RC�D Ax I,3 n N] x"" ,gWlC00,.2 1JIC N>i�r S a4 fli: ]s]] fWai ie Nx WRX m a W.P. SN YN � Nr l+M S 4 LlCii 6Sa 1'IM ]µ SSm' IYp �N�N }aN • A • PREPARED BY THE PLANNING DIVISION ® CITY OF SANTAANA, CALIFORNIA w d W I; 1 W ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013 -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. Amendment Application No. 2013 -03 has been filed by the City of Santa Ana to change the zoning district designation of certain real property located at 909 North Grand Avenue from Multiple - Family Residence (R3) to General Commercial (C2). B. This clean -up action re -zones the four parcels at the subject site from Multiple- Family Residence (R3) to General Commercial (C2) in order to create consistency between the zoning and existing automotive sales land use of the site, as well as create consistency between the zoning and the General Plan land use designation of General Commercial (GC), which allows for commercial and office uses such as the existing auto sales use. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on October 14, 2013, on Amendment Application No. 2013 -03 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -03, which is consistent with the General Plan, D. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 4, 2013. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 4, 2013 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2013 -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. 75B -11 Section 2. In accordance with the Califomia Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2013 -60 will be filed for this project. Section 3. The real property located at 909 North Grand Avenue in Santa Ana is hereby reclassified from Multiple - Family Residence (R3) to General Commercial (C2). An amended Sectional District Map, 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. 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 , 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attomey 75B -12 Miguel A. Pulido Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 75B -13 p xxosT � �F qy y I "'NS mOes R1 i�Rt y� 5 R: R1 R1 3 'M A 9 R1 W R1 ANA IT g R1 ,0 R1 R1 inlxio.ow+ R1 c CI IN R1 MAI a ITHST i A P MNKCOAATPU 17TH ST A iweuxDTONAV NSP I Lx k R „R1 P R1 e P w 3 A. P N P P = P P P N y vZ 2 ' _T_ A xTHSi TMa T am aT v P S P v f v v : 111 P In ® � ; , g IS FNA- RS GO aaxoR Jl �. - - 1 ST ST 1 ST ST Q Z N F �a � 2 IN ti h F �J O ti U 17TH ST SECTIONAL DISTRICT MAP 8 5 9 e� A A Q RI O Q }p3�' lerxn L7 AGE. R1 5 R1 ADOPTED BY THE SANTA ANA CITY COUNCIL MARCH 2, 1959 BY ORDINANCE RE 363 Inxsr IFNI, � vxNar MI ATI A, O4w $ SAF.m oxAV (. MASx ax v M R GENERAL AGRICULTURAL CM SOUTH MAIN STREET COMMERCIAL DISTRICT wawwmxAV PD PLANNED DEVELOPMENT I I 1000 M N MUM LOrnrsEA -B R1 -F S 9N CAM. ar Rt PRO PLANNED RESIDENTIAL DEVELOPMENT RI r,9q ■1 I.. VAHCE0. OF p xxosT � �F qy y I "'NS mOes R1 i�Rt y� 5 R: R1 R1 3 'M A 9 R1 W R1 ANA IT g R1 ,0 R1 R1 inlxio.ow+ R1 c CI IN R1 MAI a ITHST i A P MNKCOAATPU 17TH ST A iweuxDTONAV NSP I Lx k R „R1 P R1 e P w 3 A. P N P P = P P P N y vZ 2 ' _T_ A xTHSi TMa T am aT v P S P v f v v : 111 P In ® � ; , g IS FNA- RS GO aaxoR Jl �. - - 1 ST ST 1 ST ST Q Z N F �a � 2 IN ti h F �J O ti U 4 SECTIONAL DISTRICT MAP 8 5 9 SCALE IN FEET A A ADOPTED BY THE SANTA ANA CITY COUNCIL MARCH 2, 1959 BY ORDINANCE RE 363 66 FRONTAGE Al GENERAL AGRICULTURAL CM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT I I 1000 M N MUM LOrnrsEA -B PARKING MODIFICATION -F FLOOR AREA RATIO ON PRO PLANNED RESIDENTIAL DEVELOPMENT CA COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE IS THE OFFICIAL SECTONAL FSAMOT NAPOFTNECIn OrvxTeexA. C1 -MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHTINDUSTRIAL xvua R2 TWO - FAMILY RESIDENCE ASALICIA.DarnTYCOAl sownON NO ra.iu,.. u.ua. I C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE xEAESYATSESTTHATi11ISIMPISATSE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS Rd SUBURBAN C�YCFTNE ORIGINAL SEGTIONALRnxmT C3 -A CENTRAL BUSINESSARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE CA PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT senor BE ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN ANArvulnoi uI� °uincexcr OR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT MeM 18, AIS IAAS1AAfAAXNOIM7I 16077 IAA7451AA7781 AAISSIANA181AAM91ANXIMI IF III IM AA 877 AA ASE AA 9521AA 981 1AA All 111 997 111 10291 AA 10311 AA 1034 A IAA 117 1 N;H14 4 ON n ED xvua 1x -IS �xavA axl US x Q PREPARED BY THE PLANNING DIVISION i CITY OF SANTAANA, CALIFORNIA 4