HomeMy WebLinkAbout11A - ORDINANCE NO. NS-2642ORDINANCE NO. NS-2642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
100 SOUTH MAIN STREET FROM GENERAL
COMMERCIAL (C2) TO SPECIFIC DEVELOPMENT NO. 72
(SD-72) (AA NO. 2003-09) AND ADOPTING SPECIFIC
DEVELOPMENT NO. 72 (SD-72) FOR SAID PROPERTY
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:
Amendment Application No. 2003-09 has been filed with the City of Santa
Ana to change the zoning district designation of certain real property located
at 100 South Main Street from General Commercial (C2) to Specific
Development No. 72 (SD-72). SD-72 would allow retail and service uses
(excluding bail bond); commercially operated professional studios; art
studios and/or galleries; restaurants (without drive-thrus); ancillary banquet
facilities; Cyber cafes provided use is ancillary to a restaurant; residential
units and live/work units (with a Conditional Use Permit) and ceramic, potter,
glass blowing, and sculpturing studios (with a Conditional Use Permit).
The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on December 22, 2003, on Amendment Application No.
2003-09, adopting Specific Development No. 72, General Plan
Amendment No. 2003-05, Conditional USe Permit No. 2003-31, and
Variance No. 2003-08 for the property located at 100 South Main and
determined by a vote of 6:0 (Cribb absent) to recommend that the City
Council adopt an ordinance approving Amendment Application No. 2003-
08 and adopting Specific Development No. 72 and a resolution approving
General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-
31, and Variance No. 2003-08.
The Planning Commission determined that Amendment Application No.
2003-09 is consistent with the General Plan, including but not limited to its
goals and policies to:
1. Support live/work opportunities within specifically defined areas
(Policy 1.2).
2. Protect and enhance development sites and districts which are
unique community assets that enhance the quality of life (Goal 4.0).
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3. Encourage development which is compatible with, and supportive of
surrounding land uses (Policy 5.5).
4. Promote development which has a net community benefit and
enhances the quality of life. (Policy 5.1).
The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on January 20, 2004. The City Council also adopts as
findings all facts presented in the Request for Council Action dated January
20, 2004 accompanying this matter.
For these reasons, and each of them, Amendment Application No. 2003-09
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.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 2003-100 prepared with respect to this
Project. It is determined that, as required pursuant to the California Environmental Quality
Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and
mitigation monitoring program 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 faidy argued that the project will have a significant adverse effect on
the environment. The City Council hereby certifies and approves the mitigated negative
declaration and mitigation monitoring program and directs that the Notice of Determination
be prepared and filed with the County Clerk of the County of Orange in the manner
required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 3. The real property located at 100 South Main Street in Santa Ana is
hereby reclassified from General Commercial (C2) to Specific Development No. 72 (SD-
72). Amended Sectional Distdct Map number 13-5-10 showing the above described
change in use district designation, shall be prepared and replace the current Maps.
Section 4. Specific Development No. 72 (SD-72) as attached to this Ordinance,
is approved and adopted in its entirety.
Section 5. 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
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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 ,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:.
Kylee O. Otto
Deputy City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT: Councilmembers
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2642 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
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SECTION 1
SPECIFIC DEVELOPMENT NO. 72
(First and Main)
APPLICABILITY OF ORDINANCE
The specific development zoning district for the subject property, as
authorized by Chapter 41, Division 26, Section 41-593 et seq., of the
Santa Ana Municipal Code, is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing
land use regulations and standards. All other applicable chapters, articles,
and sections of the Santa Ana Municipal Code shall apply unless
expressly waived or superseded by this ordinance.
SECTION 2
PURPOSE
This Specific Development Plan No. 72 (SD 72) sets forth the
development and design criteria for the project known as the Artist
Gateway, a mixed used development consisting of approximately 1.7
acres. The purpose of this Specific Development Plan is to permit
maximum flexibility in site planning and design to respond to market while
assuring high quality development and implementing the goals of the
General Plan.
SD 72 specifically will establish the following:
A. The authorized uses for the site;
B. Maximum authorized development densities;
C. Development and operational standards including:
1. Architectural Design
2. Parking requirements
3. Setback requirements
4. Building height limits
5. Maximum site coverages
6. Landscaping and signage standards
7. Public and Private Open SPace
8. Enforcement policies
9. Signage
SECTION 3 OBJECTIVES
The SD-72 use district is hereby established for the express purpose of
protecting the health, safety, and general welfare of the people of the City
by promoting and enhancing the value of properties and encouraging
orderly development including:
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· Flexibility of development in response to market conditions, while
achieving overall City and community goals.
· Creation of live/work opportunities and moderately priced new
housing that encourage the arts and freelance market.
Capitalize on the Historic Downtown revitalization, the Artist Village,
and the live/work loft projects in the immediate area to allow an
opportunity for additional live/work possibilities.
· A visually harmonious development as viewed both internally and
externally.
· A circulation system that is responsive to the needs of both
vehicular and pedestrian travel.
· Landscaping that is appropriate to the level of development and
sensitive to the surrounding community.
· Create an enhanced access to downtown that promotes a walkable
community, which will assist in the revitalization the local area.
SECTION 4 LOCATION
The Specific Development Plan No. 72 includes 1.7 acres and is located
at the southwest corner of First and Main Streets, bordered by Walnut
and Sycamore Streets. The historic United Automotive building
occupies the northeast corner of the project site. On-site parking is
provided on the remainder of the project site.
Santa Ana's historic Downtown is located immediately to the north of this
development area. The Downtown area is a harmonious blend of
historic buildings, the emerging Artist Village, as well as live/work
possibilities and a culturally enriched retail market. This intersection also
is recognized as a gateway that leads directly into the Downtown and
civic center area.
SECTION 5 USES PERMITTED
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(a)
(b)
(c)
Retail and service uses, excluding bail bonds.
Commercially operated professional studios
The following creative arts uses:
i. Fine arts studios and/or galleries
ii. Fiber arts studios and/or galleries
iii. Printing, lithography and calligraphy facilities
iv. Photography studios
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(d)
(e)
(f)
Restaurants, cafes, and eating establishments, other than those
specified in Section 6, exclud'~ishments with ddve-
thru window service.
~, adult entertainment businesses as defined in
SAMC section 41-1701.6, night clUbs as defined in Chapter 11
and heavier commercial uses such as auto sales or~
~~tals shall be rohibited inthe
Ancillary banquet facilities, subject to development and
operational standards set forth in section 41-199.1.
Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41-
45, as an ancillary use to a restaurant, provided they are carried
on in accordance with sections 41-198.200 of the SAMC as it may
be amended from time to time; and provided a ministerial land
use certificate is first obtained in accordance with sections 41-675
through 41-677 of the SAMC. With the exception of Section 41-
198.200 (d), which states "No persons shall be permitted to
consume alcohol on the premises" shall not be applied to Land
Use Certificates issued for properties within the Specific
Development No. 72.
SECTION 6
SECTION 7
A.
CONDITIONALLY PERMITTED USES
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Fourteen (14) Live/work units.
Nine (9) housing units.
Ceramic and pottery studios.
Glass blowing and sculpturing studios
On-site alcohol beverages control license as an ancillary use, in
conjunction with an eating establishment.
Banquet facilities, as a primary use, subject to development and
operational standards set forth in section 41-199-,1.
Retail markets having less than twenty thousand (20,000) square
feet.
Indoor/Outdoor Entertainment as defined in Chapter 41 of the
SAMC.
DEVELOPMENT STANDARDS
Standards for Commercial Development.
Unless expressly waived or superseded by this ordinance, all commercial
development shall comply with the provisions as outlined within Chapter
41, Article 111, Division 13, C2 (General Commercial), of the Santa Aha
Municipal Code as it may be amended from time to time.
Standards for Live/Work Development
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a)
b)
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Building height in Specific Development 72.
No structure shall exceed forty- five (45) feet in height.
Yard requirements Specific Development .72.
A setback of not less than 15 feet shall be required for any new
commemial building.
A setback of not less than five (5) feet along any property line to the
extent it serves to separate any off-street parking area from the
street.
Development Density in Specific Development 72
The floor area ratio for commercial development may not exceed 1.0.
Additional Development Standards
Development standards for SD 72 will be refined in conjunction with the
anticipated live/work project through an amendment, This will include
architectural design, setbacks and side yard requirements, building height
limits, maximum site coverage, private and.public open space, guest and
customer parking requirements, landscaping standards, signage
standards, and public and private open space.
The restaurant must be maintained as a bona fide eating establishment.
An eating establishment as defined by the Alcoholic Beverage Control
Board and the Planning Commission must include the following items:
One conventional range/oven
An automatic dishwasher
A double sink
A 25 cubic foot refrigerator
A four-foot by six-foot food preparation area
The restaurant shall provide a grease interceptor and garbage
disposal.
Off-Street Parking Specific Development.72
The minimum off-street parking requirements for restaurants, cafes
and other eating establishments are as follows: ten (10) spaces for
each one thousand (1,000) square feet of gross floor area, including
the open-air, plaza dining area.
The minimum off-street parking requirements for retail and service
uses not otherwise specified in this division are as follows: five (5)
spaces for each one thousand (1,000) square feet of gross floor area.
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c)
d)
Parking for the residential units shall be provided at a rate of one and a
half (1.5) spaces per unit. One space per unit must be located in a
garage. Accessible guest parking at a rate of ten (10) pement of the
total number of parking spaces shall be provided.
Dedicated parking spaces shall be provided for the existing rental
housing component.
Landscaping requirements in Specific Development 72
a) A minimum five-foot landscaped front yard setback is required within
the parking areas along First Street, Main Street, Walnut Street, and
Sycamore Street.
b) The pedestrian plaza area should incorporate a double row of trees or
a specific pattern designed to lead pedestrians through the plaza to the
adjacent entrance of the building.
c) Vehicular parking may not be located within any required landscaped
area.
d) A combination of trees and shrubs as identified in the commercial
landscape standards shall be used on all street frontages. The on-site
tree should be the same or complement the designated street tree for
that particular street. Vines, such as Boston Ivy, shall be used on the
trash enclosure.
Public Art in Specific Development 72
The plaza/courtyard area shall provide amenities that encourage
pedestrian use such as seating area and objects of public art. If water
features are included in the plaza/courtyard area or other landscaping
areas, the water feature shall use non-potable or recycled "gray water"
and specialized equipment to conserve water. The amenities provided
shall be reviewed and approved by the Planning Division as part of the
site plan review process.
Pedestrian Plazas and Walkways Specific Development 72
A pedestrian plaza is required in conjunction with the restaurant. The plaza
area shall be a minimum of 50 feet by 125 feet and abut on the west
elevation of the United Automotive Building. The plaza area shall be
enhanced, incorporating decorative paving and shall be enclosed with a
decorative wrought iron fence. The applicant will need to execute a Right-
of-Entry and License Agreement with the City to develop the plaza area on
this parcel.
Interior primary pedestrian walkways shall be a minimum of eight feet wide
and decorative in design. Walkways are those that connect a pedestrian
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from the parking area to the front entry. A four-foot handicap accessible
walkway is to be provided throughout the interior sidewalks and
courtyard/plaza areas.
The primary entrance door to the restaurant shall be located at the north
vestibule entry located on the west elevation to the building restaurant.
This entrance shall include an interior sound curtain to mitigate interior
restaurant ambient noise levels to the exterior. All doors on the west
elevation shall remain closed during business hours.
SECTION 8
a.
OPERATIONAL STANDARDS
The existing United Automotive Building is listed in the Santa Ana
Register of Historical Property and has been categorized as
Contributive. Fac~ade changes or modifications to structures listed on
the Santa Ana Register of Historic Properties are subject to review by
the Historical Resources Commission. Any new construction or
modification, or building relocation requires City review and building
permits.
Restaurant operations shall be closed at 12:00 a.m. midnight to all
patrons and allow for restaurant staff to conduct the necessary closing
procedures including clean up until 1:00 a.m. There shall be no
business operations between 1:00 a.m. and 5:00 a.m.
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The new infill residential component is permitted only in combination
with individual studios in a manner which provides an integrated working
and living environment.
All live/work units shall be at least one thousand (1000) square feet in
size.
The residential component of a live/work unit shall meet the following
standards:
It shall have a space of at least five hundred (500) square feet of
residential living area.
It shall have access to separate bathroom facilities, including a water
closet, a wash basin, and a bathtub or shower.
it shall have separate kitchen facilities including a kitchen sink,
cooking appliances and refrigerator. All such facilities shall have a
clear working space of at least thirty (30) inches in front.
It shall comply with all Housing Code requirements as modified by
section 8-2700 of the Santa Aha Municipal Code.
Each individual unit shall accommodate facilities for a washer and
dryer.
The existing rental housing component shall meet the following
standards:
It shall have a space of at least three hundred and eighty-two
(382) square feet.
It shall have access to separate bathroom facilities, including a
water closet, a wash basin, and a bathtub or shower.
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11.A.
It shall have separate kitchen facilities including a kitchen sink,
cooking appliances and refrigerator. All such facilities shall
have a clear working space of at least thirty (30) inches in front.
It shall comply with all Housing Code requirements as modified
by section 8-2700 of the Santa Ana Municipal Code.
SECTION 9 SIGNAGE STANDARDS
All signage shall comply with the provisions as outlined within Chapter 41,
Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may
be amended from time to time.
A planned sign program, pursuant to Sections 41-880 through 41-884 of
the Santa Ana Municipal Code, shall be required for all buildings to ensure
sign compatibility
SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS
This is a key area for future development and this project will set the example for all
subsequent residential development in the area. To ensure the quality of the design
and the architectural style, as well as the layout of the units, any new development
project will require Planning Commission and City Council approvals.
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