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HomeMy WebLinkAboutNS-2785 - Amending MacArthur Place South Mixed Use Specific Development DistrictORDINANCE NO. NS-2785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MACARTHUR PLACE SOUTH MIXED USE SPECIFIC DEVELOPMENT DISTRICT (SD-76) (ZOA NO.2009-04) 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. The Applicant is requesting approval of an Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program; Zoning Ordinance Amendment No. 2009-04; an Amendment to the Development Agreement No. 2005-02; Conditional Use Permit No. 2009-08 and Variance No. 2009-02 to allow a hotel at 6 East MacArthur Place. B. On April 13, 2009, the Planning Commission Chairperson declared an impasse after a series of motions failed to achieve a majority vote. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. The items before the Planning Commission were as follows: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. C. On May 4, 2009 the City Council of the City of Santa Ana continued the matter to the May 18, 2009 City Council meeting. On May 18, 2009 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. Ordinance NS-2785 Page 1 of 12 D. Zoning Ordinance Amendment No. 2009-04 has been filed with the City of Santa Ana to amend the MacArthur Place South Mixed Use Specific Development District (SD-76) to allow hotels as a conditionally permitted use in Zone 2. 1. Amendment Application No. 2009-04 is consistent with the General Plan, including but not limited to its goals and policies to: a. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. b. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. c. Support developments that create a business environment that is safe and attractive. Land Use Element Policy No. 2.8. d. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 2. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the MacArthur Place South project is consistent with the purpose of the general plan. 3. The City Council also adopts as findings all facts presented in the Requests for Council Action dated May 4, 2009 accompanying this matter. 4. For these reasons, and each of them, Zoning Ordinance Amendment No. 2009-04 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. E. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations and ordinance and resolutions which came before the City Council on June 20, 2005; and the Addendum to the Final Environmental Impact Report No. 2004-02 and the mitigation monitoring program which was adopted by Resolution by the City Council on May 18, 2009 for this project. Section 2. MacArthur Place South Mixed Use Specific Development District (SD-76) is amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. All provisions of the Specific Development District which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but Ordinance NS-2785 Page 2 of 12 rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 3. 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 15~ day of June, 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kyl~Otto Assistaint City Attorney AYES: Councilmembers Alvarez Benavides Bustamante, Martinez Pulido Sarmiento Tinaiero (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) Ordinance NS-2785 Page 3 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2785 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 1. 2009 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. .~ Date: r~ ` ~ ~ ~ / ' ~ /I~-c .-~ Clerk of the Council City of Santa Ana Ordinance NS-2785 Page 4 of 12 EXHIBIT A MacArthur Place South Hutton Center Mixed Use Specific Development District (SD-76) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Maximum Density 2. Minimum Parcel Size 3. Overall Project a. General Requirements b. Building Setbacks c. Building Height d. Screening 4. Parking a. General Requirements b. Residential Components c. Other Uses 5. Building Elevations SECTION 8. Miscellaneous Standards 1. Landscaping 2. Signage 3. Common Areas 4. Public Art Ordinance NS-2785 Page 5 of 12 District (SD-76) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. The boundaries of the MacArthur Place South Hutton CentreMacArthur Place South Mixed Use Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). Hutton CentreMacArthur Place South Mixed Use Specific Development District shall have two zones, Zone 1 and Zone 2, as depicted in Exhibit A. SECTION 2 PURPOSE The Specific Development No. 76 (SD-76) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly development. This district is intended to provide standards for areas located in a District Center and adjacent to high capacity arterial streets. SECTION 3 OBJECTIVES AND POLICIES The Hutton CentreMacArthur Place South Mixed Use Specific Development District is located within the southeastern area of the City. The Hutton CentreMacArthur Place South Mixed Use Specific Development District encompasses a mixture of office, restaurant, retail, hotel and residential land uses. The following site development policies are designed to encourage greater convenience, efficiency, excellence of design and visual appeal than is typically achieved with usual residential and commercial development. The policies of the Hutton CentreMacArthur Place South Mixed Use Specific Development District include the following: Uses shall be integrated within the overall Hutton CentreMacArthur Place South campus in terms of architecture, pedestrian orientation and circulation, vehicular circulation, landscape and urban design. Ordinance NS-2785 Page 6 of 12 • Internal circulation shall separate customer traffic from loading, delivering, and pedestrian traffic. • Access to and from the adjacent arterial streets and highways shall be limited, in order to ensure efficient and safe vehicular circulation. • Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with building and parking areas. • Awell-planned system of pedestrian linkages, enhanced with water features, seating areas, and other pedestrian amenities, shall be developed for convenient access between all uses developed on the site. • Walkways, parking and open spaces shall be provided with adequate lighting for safe and convenient nighttime use. SECTION 4 PERMITTED USES IN ZONE 1 The permitted land uses within Zone 1 shall be as follows: 1. Professional, business and administrative offices. 2. Museums, libraries and galleries. 3. Retail and Service Uses. 4. Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. 5. Coffee houses, tea houses, and bakeries. SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1 The following uses are permitted within Zone 1 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Theaters. 2. Hotels. 3. Child care facilities. 4. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 1. 5. Establishments selling or serving alcoholic beverages Ordinance NS-2785 Page 7 of 12 6. Banquet facilities, subject to development standards set forth in section 41-199.1. 7. Uses open between the hours of 12:00 midnight and 5:00 a.m. 8. Health Clubs. SECTION 6 PERMITTED USES IN ZONE 2 The permitted land uses within Zone 2 shall be as follows: Professional, business and administrative offices. 2. Museums, libraries and galleries. SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2 The following uses are permitted within Zone 2 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. AduR entertainment businesses shall not be permitted within Zone 2. 2. Establishments selling or serving alcoholic beverages. 3. Banquet facilities, subject to development standards set forth in section 41-199.1. 4. Uses open between the hours of 12:00 midnight and 5:00 a.m. 5. MuIG-family residential uses. 6. Live/work communities in compliance with the following standards: a. Residential use is permitted only in combination with individual work space in a manner which provides an integrated working and living environment. b. Alive/work unit shall be at least nine hundred (900) square feet in size. c. The residential component of a live/work unit shall meet the following standards: i. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. ii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such Ordinance NS-2785 Page 8 of 12 facilities shall have a clear working space of at least thirty (30) inches in front. iii. It shall comply with all Housing Code requirements as modified by section 8-2700 of this Code. iv. In-unit laundry facilities shall be required. v. No residential component shall be permitted on the ground floor of the live/work unit. 7. Outdoor Farmers Markets. 8. Full service cafes and restaurants, which may include incidental take-out service. Full service cafes and restaurants shall be limited to those that provide sit down dining areas and exclusive table service for ordering and delivering meals and beverages. 9. Coffee houses, tea houses, and bakeries. 10. Health Clubs. 11. Retail and service uses. 11.12. Hotels SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2 The following general development standards are applicable to this project: 1. Maximum Development Intensity Consistent with the General Plan, the maximum residential density allowed for the site shall be 90 dwelling units per acre within SD-76. The maximum floor area ratio for other permitted uses shall be 1.0. 2. Minimum Parcel Size The minimum parcel size shall be 2.5 acres. 3. Overall Project The development plans and material samples shall be submitted to and approved by the Planning Commission pursuant to Section 41- 593.4 prior to issuance of any building permits. Building Setbacks Setbacks are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building elevations, and recognize opportunities to create new open spaces such as plazas, pedestrian Ordinance NS-2785 Page 9 of 12 ways and landscaped areas. discussed below by street: i. Main Street: Major setback conditions are All projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. ii. MacArthur Boulevard: All residential projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iii. Sandpointe Avenue: All projects shall maintain a building setback of 10 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iv. Hutton Center Drive: All projects shall maintain a building setback of 10 feet. b. Building Height The building height of a project shall not be approved where the Federal Aviation Administration (FAA) has determined such height to be a hazard to air navigation. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parkin a. General Requirements Parking shall not encroach into required setbacks at grade. Parking structures below residential buildings shall not encroach within required setbacks along Main Street or MacArthur Boulevard. Ordinance NS-2785 Page 10 of 12 ii. Parking structures that incorporate trash enclosures shall maintain sufficient vertical clearances to facilitate trash truck access. iii. Glare from the parking structure lighting shall not be visible from any public right-of-way. iv. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. v. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vi. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. b. All uses shall comply with the parking provisions outlined in Chapter 41 of the Santa Ana Municipal Code (SAMC). 5. Landscaoing Prior to issuance of any building permit, a detailed Landscape Plan shall be submitted to and be approved by the Planning Commission. 6. Si4naae a. All signage shall comply with the Santa Ana Municipal Code b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 7. Public Areas Prior to issuance of any building permits, a detailed plan of the public areas shall be submitted to and approved by the Planning Commission. Ordinance NS-2785 Page 71 of 12 a. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. b. The public areas shall incorporate seating, benches, street furniture and landscaping to provide visual interest and additional amenities within the public areas. All seating, benches, street furniture surfaces, pedestrian-level walls and similar amenities shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather and incorporate graffiti resistant coatings. c. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. d. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other public areas' furnishings. e. The property shall be maintained free of graffiti. All graffiti shall be removed within 48-hours of occurrence. Ordinance NS-2785 Page 12 of 12