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HomeMy WebLinkAbout2009-024 - Amending the General Plan of the City of Santa Ana to Modify the Land Use ElementKO- 5/12/D9 RESOLUTION NO. 2009-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO. 2006-142) AND AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO MODIFY THE LAND USE ELEMENT (GPA NO. 2007-03) 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. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-142, General Plan Amendment No. 2007-03, and Zoning Ordinance Amendment No. 2009-02 to allow the construction of a medical office building to be located at 3417 West Fifth Street within the North Harbor Specific Plan (SP2). B. On April 14, 2009, the Planning Commission held a duly noticed public hearing and voted by a vote of 5:0 (Alderete abstained, Gartner absent) to recommend that the City Council: 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007- 03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. C. 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. D. General Plan Amendment No. 2007-03 has been filed with the City of Santa Ana to modify the Land Use Element to change the property located at 3417 West Fifth Street from Open Space (OS) to General Commercial (GC). Resolution No. 2009-024 Page 1 of 11 E. The Council finds that General Plan Amendment No. 2007-03 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 2. Support new development which is harmonious in scale and character with existing development in the area. Land Use Element Policy No. 2.10. 3. Preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. 4. Support development which provides a positive contribution to neighborhood character and identity. Land Use Element Policy No. 3.1. 5. Encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. Land Use Element Policy No. 3.5. 6. Ensure that the impacts of development are mitigated. Land Use Element Goal No. 5.0. 7. Promote development which has a net community benefit, and enhances the quality of life. Land Use Element Policy No. 5.1. 8. Protect the community from incompatible land uses. Land Use Element Policy No. 5.2. 9. Encourage development which is compatible with, and supportive of surrounding land uses. Land Use Element Policy No. 5.5 F. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. G. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2007-03 is consistent with the purpose of the general plan. Resolution No. 2009-024 Page 2 of 11 H. Zoning Ordinance Amendment No. 2007-03 also came before the City Council on May 18, 2009 for public hearing. This resolution incorporates by reference, as though fully set forth herein, the ordinance in support of this resolution and the findings made herein. 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. 2006-142 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 fairly argued that the project will have a significant adverse effect on the environment with the implementation of the mitigation measures. 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. Section 3. The City Council hereby, approves General Plan Amendment No. 2007-03. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. 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 May 18, 2009 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Ordinance No. NS-2784 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 6. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18~h day of Mav ~nno rnayvi Resolution No. 2009-024 Page 3 of 11 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kyle O. Otto Assi tant City Attorney AYES NOES: ABSTAIN: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Tinaiero, Pulido (6) Councilmembers: Councilmembers: None (O) Sarmiento (1) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-024 to be the original resolution adopted by the City Council of the City of Santa Ana on May 18. 2009. Date: ~ D ~ © J l ~ ~~~~ ~~ ~ ~" Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2009-024 Page 4 of 11 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 'he following is a chronology of the approved general plan amendments that have been incorporated into this document ince the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Gouncil February 2. 998 (GPA 1997-05}: 3PA 2007 03 (May 18. 2009), GPA 2004-03 (February 2. 2009), GPA 2008-01 {May 5. 2008), GPA 2007-02 (June f8. ?007). GPA 2007-Oi (March 19. 2007). GPA 2006-01 {October 2. 2006). GPA 2005-01 {Qecember 5, 20051- GPA 2005-02 October 17. 20051. GPA 2004-01 (April 5. 2005, as passed by the voters of Santa At1a), GPA 2004-04 fJiliy 19. 20041. aPA 2004-06 (July 6. 2004). GPA 2003-02 (June 16, 20031. GPA 2003-Oi (February 18. 2003). GPA 2002-Oi (September 3. 20021. GPA 2002-03 (August 19. 2002). GPA 2001-03 (February 19, 2002), GPA 2001-02 {January 7, 20021, GPA ?000-09 (May 7. 20011. GPA 2000-OS (February 5, 2001). GPA 2000-03 (Decerrrber 4. 2000), GPA 2000-02 (November ?0. 20001. GPA 1999-02 (October 18. T9991. GPA 1999-Oi (August 16, 1999), GPA 1998-04 (October 5. 1998). GPA 998-05 (September 2f. 19981, GPA 1998-Oi (May 4. 19981. Resolution No. 2009-024 Page 5 of 11 ~, ~ c ~ g q `. ~ ~ ~ ~ ~ c ~ d r w p ~ 5 ~ ~~qgg ~ 3 ~ r, ks $ ~ ~ ~, V ~ J i q Y x ,~ _ ~ ~ ~ o ~ ~' ~ .~ 3 s ~ or ~ ~ o `~' ~ o , } ~w~ Resolution No. 2009-024 Page 6 of 11 4 ~ ~o ~ a6ed bZ0-600Z ~oN uoi;n~osa~ D N ~ ~ ~eRns;i~sosS~l3:aa}~3~`,6:~~i®3 ~ s y ' `'- .~.A J0 ~ mi~~3~~'~ =a~",n~~~ 9~mc~-~ppi Z p ~ - ~ y J k U1 s A ab~ ~ ge $ ~ ~ d ~ - ~ ~ ~ 3~h ° ~R9 ~ ~ ~ ~ d~ 4 ~ ~ ~ ~ f~D 6 ~ ~ ~ t ~ ~~ Q ~ d (~D ~ - ¢ ~R D N -- r - ~ A ~~~ %~ -v~~u ti u s~4Nr~~~~~v.>;r ~r, 1 n o 0 0 o N N (n A A ~ N b O O N W LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR•55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway. is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: Professional and administrative offices/office parks: Service activities such as copy centers, courier services, travel agenaes, and restaurants when such uses are an integral component of a planned office development: and Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,114.1 acres of land is included in this designation. General Commercial districts are key components in the economic development of the Ciry. They provide highly visible and accessible commercial development abng the City's arterial Vansportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. Fevrsed (May 18, 2009) A-19 RoenL Jinn Nn 9nnQ_n9d LAND CISE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,280.9 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is io maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly; and Commercial uses which are ancillary to industrial uses in the district. Instltutlonal The Institutional designation includes the Civic Center, other govemmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local govemmental facilities that are not subject to local development regulations. A total of 812.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,018.5 acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Revised (May iQ 2009) A-23 Resolution No. 2009-024 Page 9 of 11 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 3,232 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 68,498 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario area reflection of the higher density multiple-family developments constructed in the 1970's and 1980's, However, the purpose of the Land Use Plan as ii applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 52,423,126 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (Mny !d 20091 A-30 Resolution No. 2009-024 Page 10 of 11 Amended Tabfe A-4 land Use Plan Build-out Capacities IntensltylDensity Effective Theoretical Land Use Acres Standards Build-out, Build-out Mixed Use2 103.5 ac FAR 3.0 Metro East Residential DC 5.551 d. u. SubTotal 5,551 d.u. Metro East Commercial DC 3.245.185 s.f. 3.245.185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.t. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 443.1 ac. 11 d.u./ac 4,875 d.u. Medium Density Residential MR-15 413.2 ac. 15 d.u./ac 6,196 d.u. Residentialllndustrial, Rif-15 9.2 ac. 15 d.u.lac 136 d.u. District Center, DC 35.9 ac. 90 d.u./ac 3.232 d.u. SubTotal 7,368.5 ac. 77,820d.u.t 59,661d.u. Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13.536,270 s.f. 27.072.540 s.f. General Cotnnlercial GC 1,114.1 ac. FAR 0.5-1.0 24,264,331 s.f. 48,528,662 s.t. District Center, DC 323.2 ac. FAR 1.0-2.0 14.079,332 s.f. 28,158,665 s.1. One Broadway Plaza District Ctra OBPDC 4.3 ac. FAR 2.9 543.193 s.f. 543.193 s.t. SubTotal 2,063.1 ac. 52,423,126 s.f. 1D4,303,060 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44.710.202 s.1. Residential/Industrial3 RA-15 18.5 ac. FAR 0.45 180.926 s.f. 180.926 s.t. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.l. Other Inslitutionalb INS 812.6 ac. FAR 0.2-0.5 Open Space OS 1.018.5 ac. FAR 0.2 SubTotal 1,831.1 ac. 7.079,023 s.f. 8.673.172 s.f. 15,952,145 s.f. 17,697,557 5.1. 8.873.172 s.t. 26,570,729 s.t. now,: ,Eltewive capacity fw nomwsNerAal davdopmenr assumes tlevalopmerx pocsible wdw the bxw taiga of FAR Imenity srada,ds witli O,a sx<eption of the Meo-a East Dlso-ict Gnus RasiMnvN Nlectrve capacity was cekulaled by atltl'ng tl,e aJe3 unik ppNMa In rho Diwk[ C«Iwr Mrh Uw aistlrg ]A,3061Gnsm 20001 houaity udk. eTha Marro EaN District Gme, allwvs a rmge N iMerleily for muluw cl reNdewr azd canmerdal dwalgatrwf bawd on Iha Marro EaN Mi.ed Uv Ovwlay Zan devebrvnerv Slar,(Iflld9. ,LaM use dasignarion permits boN raNtleraiN end iMUStriN tlavNOpmem. Buidcut maumetl 501c of Iha lard area will be devalopetl ea waHentlel and SOS: > iMw0ial dwalopr,ent. .Lard uw daNgretim permits both reskentiN aM cwm,xciN devebixn,wa. Buik4aul assumes 90+: of std azee wtll M devNOped as connw<kl a,ld I o^: wit M dwN<petl as eeiMnfiel. FAR-lbw area lNO.d.u.-dwallirg unw,st-.guars lwtid Ear wcel. Acreage shown in obis does tar ir,ckde made in rigM~o4way. eElradive <apacM traumas FAR W g.2 Gard we deagnelion permk high InwreiN oHka dewlopnwN with arlci4ary retail uca. Tlva kde has been rrvixd to cxv,aspwM aiN the CJ9 LaM 4§e Map XuehaMin ExNdr2 Fevreed (May fa, zoos/ A-31 Resolution No. 2009-024 Page 11 of 11