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HomeMy WebLinkAboutCORRESPONDENCE - 75B® WOODRUFF, SPRADLIN G SMART THOMAS F. NIXON DIRECT DIAL: (714) 415 -1012 DIRECT FAX: (714) 415 -1192 E-MAIL: TNIXON ®WSS- LAW.COM September 12, 2014 VIA E -MAIL Honorable Mayor and Members of the City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Environmental Impact Report No. 2014 -01 General Plan Amendment No. 2014 -02 Zoning Ordinance Amendment No. 2014 -01 Amendment Application No. 2014 -02 for the Harbor Mixed Use Transit Corridor Specific Plan Honorable Mayor and Members of the City Council: This firm serves as City Attorney to the City of Garden Grove ( "Garden Grove "). Garden Grove owns the property presently comprised of the Willowick Golf Course (the "Property"). The purpose of this letter is to formally register Garden Grove's concerns regarding the effect on the Property of the above - referenced proposed land use actions. Garden Grove purchased the Property in 1964. Although the Property has continued to be operated as a golf course since that time, the City of Santa Ana has long permitted and planned for the potential development of a more intense commercial recreational use on the Property. The 1982 North Harbor Redevelopment Plan designated the Property for parks, recreational and open spaces with Commercial/Industrial designations cited for alternative uses (see North Harbor Specific Plan, Appendix, pg. 16)., and since 1994, the zoning applicable to the Property has conditionally permitted "commercial recreational facilities." In 1974, Garden Grove granted the City of Santa Ana a 25 -year open space easement over the Property; however, this open space easement was never extended and expired pursuant to its own terms in 1999. The City of Santa Ana adopted the North Harbor Specific Plan ( "NHSP ") in 1994. The NHSP established land use and zoning regulations for an approximately 424.6 acre area that includes the Property. According to its text, the NHSP was "written as a regulatory tool to promote, not disallow changes," and "[i]ts intent is to provide a regulatory mechanism that is flexible in its enforcement and responsive to future changes and needs." The Property is designated as "Open Space" under the NHSP, but the NHSP expressly recognizes that " Willowick Golf Course ... [does] not play a major role as open space in the community." (NHSP, Appendix, pg. 5). 555 ANTON BOULEVARD,SVITE 1200 ■ COSTA MESA, CA 92626 -7670 ■ (714)558 -7000 ■ FAX (714)835-7282 WWW.WSS-LAW.COM CCM 09/16/2014 1028652.1 75B September 12, 2014 Page 2 The NHSP "Open Space" designation permits or conditionally permits a variety of uses on the Property. Specifically, the NHSP Open Space designation permits "commercial recreational facilities" with a conditional use permit. City of Santa Ana officials have previously represented to Garden Grove staff on multiple occasions that this would allow for a variety of commercial recreational uses to be developed on the Property with a conditional use permit, including, without limitation, a theme park that includes enclosed components. Based on these representations, and the permissive land use plans that have long governed the Property, for the last several years Garden Grove has expended resources to explore and market the Property for development of a commercial recreational facility such as a theme park that includes enclosed components, and Garden Grove's investment- backed expectation is to eventually develop, or sell the Property for development of, such a project on the Property. Pursuant to the above - referenced land use actions, the City of Santa Ana proposes to eliminate the NHSP and the land use and zoning provisions contained therein and to re-zone the Property "Open Space Land" (referred to as the "O District "), subject to the existing provisions of Chapter 41, Article III, Division 23 of the Santa Ana Municipal Code. The list of land uses permitted under the current O District regulations is not identical to the list of land uses permitted under the NHSP Open Space designation, and the terminology used is different. Specifically, the O District regulations permit "open -air recreational and entertainment uses," but do not contain provisions expressly permitting or conditionally permitting "commercial recreational facilities." City of Santa Ana staff has represented to Garden Grove staff that this re- zoning will not diminish the uses for which the Property is currently entitled. Because the term "open-air recreational and entertainment uses" is not precisely defined, however, Garden Grove is unsure whether this land use category will be interpreted in the future to include all of the same uses as are currently permitted or conditionally permitted under the NHSP Open Space designation, including a theme park that includes enclosed components. If, in fact, the City of Santa Ana were to now or in the future determine that a commercial recreational facility such as a theme park that includes enclosed components cannot be developed on the Property under the "O" District regulations, such a determination would result in a substantial, negative impact to the value of the Property and would materially interfere with Garden Grove's distinct, investment - backed expectations for use of the Property. Garden Grove takes the City of Santa Ana at its word that it does not intend to down - zone Garden Grove's Property through the proposed land use actions; however, this could nonetheless be the result. Therefore, in order to maintain the status quo and to ensure that Garden Grove's Property is not down -zoned as a result of the proposed land use actions, Garden Grove requests that the Santa Ana City Council modify the proposed Ordinance prior to its adoption to either (1) expressly state that the term "open -air recreational and entertainment uses" includes theme parks including enclosed components, or (2) expressly include "other commercial 1028652.1 September 12, 2014 Page 3 recreational facilities that were conditionally permitted under the North Harbor Specific Plan" as an additional conditionally permitted use applicable to the Property. The City of Garden Grove appreciates the City Council's consideration of this request and looks forward to working collaboratively with the City of Santa Ana in planning and implementing the future use and development of the Willowick Property. Cordially, WOODRUFF, SPRADLIN & SMART A Professional Corporation V T MAS F. ND{O ty Attomey, City of Garden Grove cc: Maria D. Huizar, Clerk of the Council, City of Santa Ana Melanie McCann, City Planner, City of Santa Ana Sonia R. Carvalho, City Attorney, City of Santa Ana Matthew I Fertal, City Manager, City of Garden Grove Susan Emery, Community Development Director, City of Garden Grove 1028652.1