Loading...
HomeMy WebLinkAbout2019-044 - Approving General Plan Amendment No. 2017-03LS 6.4.19 RESOLUTION NO. 2019-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2017-03 FOR THE PROPERTIES LOCATED AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER 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: A. Colleen Bathgate, representing Haphan Group, Inc. ("Applicant"), is requesting approval of General Plan Amendment No. 2017-03 to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 17-unit townhome development on a 1.22- acre site. B. In addition, the City of Santa Ana is proposing to change the land use designation of four properties at 2935, 3007, 3013, and 3019, West Edinger Avenue totaling 1.64-acres from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Mitigated Negative Declaration, Environmental Review No. 2015-14 and approve General Plan Amendment No. 2017-03. D. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2017-03, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred. E. General Plan Amendment No. 2017-03 has been filed to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15). In addition, the City of Santa Ana is proposing to change the land use designation of the properties at 2935, 3007, 3013, and 3019 West Edinger from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to Resolution No. 2019-044 Page 1 of 4 update text portions of the City's Land Use Element to reflect this change. 1. The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. 2. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 17 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The project has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials along a major arterial roadway. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. F. The Planning Commission has weighed and balanced the General Plan's policies, and has determined that based upon this balancing that General Plan Amendment No. 2017-03 is consistent with the purpose of the general plan. Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt a resolution approving General Plan Amendment No. 2017- Resolution No. 2019-044 Page 2 of 4 03. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND 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. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2017-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-044 Page 3 of 4 Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this 4th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers *Ward 4 Representative Vacant MigLo< _Pulido Mayor Iglesias, Penaloza Pulido, Sarmiento, Solorio, Villegas (6) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2019-044 to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-044 Page 4 of 4