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HomeMy WebLinkAbout11E - ZOA 2006-02 1580 E WARNER ORDINANCE NO. NS-2719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO, 8, CREATING A THIRD PROJECT AREA THAT WILL ALLOW RETAIL AND FOOD USES FOR THE PROPERTY LOCATED AT 1580 EAST WARNER AVENUE (ZOA NO. 2006-02) 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. Zoning Ordinance Amendment No. 2006-021 has been filed with the City of Santa Ana to amend the Specific Development No.8 (SD-8) to create a third project area (Zone III) that will permit multi-tenant retail and food uses (excluding drive through facilities) within Zone III. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on May 22, 2006, and by a vote of 6:0 (Cribb absent) voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No, 2004-109. 2. Adopt an ordinance approving Zoning Ordinance Amendment No, 2006-02. 3. Adopt a resolution approving Site Plan Review No. 2006-01. C. The City Council held a duly noticed public hearing on June 19, 2006 on Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-109, Zoning Ordinance Amendment No. 2006-02 to amend SD-8, and Site Plan Review No. 2006-01. D. The Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-109, was approved and adopted by resolution which came before the City Council on June 19, 2006. This ordinance incorporates by reference, as though fully set forth herein, this resolution and the Mitigated Negative Declaration and Mitigation Monitoring Program, Section 2. Specific Development No.8 is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. Section 3. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. 11 E-1 Ordinance No. NS- 2719 Page 1 of 9 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS- 2719 Page 2 of 9 11 E-2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, 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 11 E-3 Ordinance No. NS- 2719 Page 3 of9 SPECIFIC DEVELOPMENT NO.8 (new language shown in bold, deleted language shown in strikeout for tracking purposes only): General Notes 1. Water within the district will be by private water facilities served by the City of Santa Ana facilities within adjacent public streets. 2. Sewage disposal will be by private sewers and appurtenances connected to City of Santa Ana facilities within adjacent public streets. 3. Easements shall be created for all private and public utilities which cross over, along, under or through any parcels which may be created within this district and are intended to serve other parcels within the district. 4. The development and management of Brookhollow will be subject to the supervision of the Brookhollow Office Park Association, a non-profit corporation, and to the terms and conditions of the recorded Declaration of Establishment of Covenants, Conditions and Restrictions (CC&Rs) of Brookhollow Office Park to insure continued maintenance of utilities, private streets, landscaping and general appearance of the development within the district. Any amendments to the CC&Rs, which affect these regulations, shall require approval of the City Attorney and Planning Department. 5. Existing private streets and driveway access to adjacent public streets shall be maintained, Additional access to adjacent public streets proposed after adoption of this ordinance shall meet the requirements and approval of the Director of Public Works. 6. The Boundaries of Zones I. II. and III are shown on Attachment "1" attached hereto and incorporated as thouoh fullv set forth herein, Intent and Purpose It is the intent of this district to allow a combination of multi-tenant leasehold professional and business office uses, single parcel professional and business offices uses, and single parcel retail, commercial and minimal impact industrial activity uses (as specified in this ordinance). Specific plan review shall be required for all development within this district. Site ReQuirements A. Site Coverage Exhibit A Ordinance No. NS- 2719 Page 4 of9 11 E-4 1) Structure shall not cover more than 55 percent of the total net site area. (Net area shall be the gross area less any area used for public or private street purposes.) 2) Each parcel to be created within this district shall have a minimum average width of 1 foot for each 2.5 feet of average depth. 3) The minimum lot size for parcels within Zone III shall be 2.8 acres (121.968 square feet). B. Permitted Uses The following uses shall be permitted in Zone I: 1) Professional Offices a. Accountants b. Attorneys c, Dentist, doctors and related professions d. Engineers, architects and planners e. Research and development facilities f. Private trade, vocational or professional schools 2) Business offices, including but not limited to: a. Advertising agencies b. Banks or other financial offices c, Employment agencies d. Escrow and real estate companies e. Insurance companies f, Corporate headquarters g. Photographers, artist, etc. h. Travel agencies i. Computer or computer training centers 3) Laboratories except those, which emit offensive odors, vibrations, or may be hazardous to the public. 4) Political, civic and charitable organization uses, which shall not include bingo or other gaming activities. 5) Restaurants. 6) Union Halls 7) Museums, art galleries and libraries. 11 E-5 Ordinance No. NS- 2719 Page 5 of 9 8) Religious meeting halls 9) Day care and child care facilities, nurseries, etc. The following uses shall be permitted in Zone II: 1) All uses within Zone I. 2) Minimal impact light industry. 3) Hotels, motels and associated shops and services related to the hotel or motel uses, 4) Retail, with a maximum of two tenants per building. 5) Furniture and bulk merchandise stores with a maximum of two tenants building. The followinq uses shall be permitted in Zone III: 1) Professional Offices a. Accountants b. Attornevs c. Dentist. doctors and related professions d, Enqineers, architects and planners e. Research and development facilities 2) Business offices, includinq but not limited to: a. Advertisinq aqencies b, Banks or other financial offices c. Emplovment aqencies d. Escrow and real estate companies e, Insurance companies f. Corporate headquarters g, Photoqraphers, artist. etc, h, Travel aqencies 3) Commercial uses, includinq: a. Food and retail uses excludinq drive throuqh facilities The followinq uses shall be permitted in Zone III with a Conditional Use Permit: Ordinance No. NS- 2719 Page 6 of9 11 E-6 a. Dancinq or entertainment ancillary to a permitted restaurant use. b. The servinq of alcohol in coniunction with a permitted food/restaurant use. C, Any use permitted herein may be prohibited by reason of noise, odor, dust or electrical interference or adverse environmental impact on adjacent uses, D. Setbacks: 1) Front setback along public street frontage shall be 20 feet minimum. 2) Front setback along private street frontage shall be: a) 10 feet within Zone I. b) 20 feet within Zone II. c) 10 feet within Zone III 3) Side yard setbacks shall be 10 feet. 4) Rear yard setback shall be 10 feet. E. Building Heights: 1) Structures shall be limited to four stories and not exceed 70 feet in height in Zone I. 2) Structures shall be limited to four stories and not exceed 70 feet in height in Zone II. 3) Structures shall be limited to two stories and shall not exceed 40 feet in heiqht in Zone III. F, Landscaping: 1) All sites shall have a minimum landscape coverage of 15 percent. 2) The landscape setback along public streets shall be 20 feet. 3) The landscape setback along private streets shall be 20 feet fully landscaped or a minimum of 10 feet parallel with and along the private street line landscaped, The remainder of the required setback area shall be used for parking and/or vehicular circulation, provided a matching square footage of such area used for parking 11 E-7 Ordinance No. NS- 2719 Page 7 of 9 and/or vehicular circulation, is provided on the site and is visible from either public streets, freeways or private streets. 4) Side yard landscape shall be a minimum of five feet. (This requirement applies to new construction. An area equal to this five- foot requirement may be proposed at another location on the parcel. 5) A minimum landscape setback of 10 feet is to be maintained along the frontage; and, in addition, there shall be a 15-foot wide planter island, fully landscaped, placed an average 160 feet apart and extending into the paved area the depth of the parking spaces along said freeway frontage. No curb and gutter shall be permitted along the edge of paving parallel to the Newport Freeway right-of- way to allow for sheet flow of drainage from the rear portion of any parcels created along the frontage in accordance with the approved drainage plan on file with the City of Santa Ana, However, parking bumpers shall be required in lieu of the curb and gutter. 6) A landscape plan shall be approved by the appropriate City agency prior to issuance of building permits. 7) Landscaping shall include trees, and at least 50 percent of the trees shall be within the parking area itself so as to give visual relief to rows of parked vehicles. 8) Landscaping shall be installed prior to occupancy or utility release and permanently maintained. 9) Landscape plan shall include an irrigation system to be installed and maintained, G, Parking Requirements: The parking requirements in this district shall conform to the requirements of Article IV, Sections 41-614, 41-615, 41-616, and 41-617, except that there shall be no requirement that one-third (1/3) of the total lot be devoted to off street parking. Zone III. The Citv recoqnizes that a lease aqreement has been entered into between the propertv owner and Southern California Edison to utilize the Transmission riqht-of-wav easement to provide 63 parkinq spaces to satisfv Citv of Santa Ana parkinq requirements for the proiect. Should this lease be revoked or terminated resultinq in the loss of parkinq spaces or Ordinance No. NS- 2719 Page 8 of 9 11 E-8 the loss of continuous and uninterrupted circulation and access to these spaces the followinq remedies shall be used to cure the parkinq deficit: a. A parkinq studv shall be provided bv the City at the propertv owner's expense that determines if a parkinq deficiencv has been created and examines wavs the parkinq deficit can be cured. b, Should the parkinq studv determine that a parkinq deficiencv exists, replacement parkinq necessary to cure the deficiencv shall be provided within 100 feet of the proiect site, H. Signs shalll3e sul3jeot to site plarl reviO'.v. All siqnaqe shall complv with the Citv siqn code, (Santa Ana Municipal Code, Chapter 41 , Article XI). I. Storage and Refuse Collection Areas: All storage and refuse areas shall be enclosed by a minimum six-foot block walls and solid gates so as to eliminate unsightliness, No open outside storage shall be permitted. 11 E-9 Ordinance No. NS- 2719 Page 9 of 9 11 E-1 0