HomeMy WebLinkAbout2017-079 - Approving Mitigated Negative Declaration, Environmental Review No. 2016-165RESOLUTION NO. 2017-079
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING MITIGATED
NEGATIVE DECLARATION, ENVIRONMENTAL
REVIEW NO. 2016-165 AND GENERAL PLAN
AMENDMENT NO. 2017-02 FOR THE PROPERTIES
LOCATED AT 2223 AND 2237 WEST FIFTH STREET
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. Community Development Partners (Applicant) is requesting approval of General
Plan Amendment No. 2017-02 to amend the General Plan land use designation of
the properties located at 2223 and 2237 West Fifth Street from Low -Density
Residential (LR) and General Commercial (GC) to Urban Neighborhood (UN) and
to update text portions of the City's Land Use Element to reflect this change in
order to facilitate the construction of a 51 -unit affordable housing project on the
2.33 -acre properties.
B. On August 30, 2017, pursuant to Senate Bill 18, the City mailed consultation
letters to all tribes listed on the Native American Heritage Commission (NAHC)
Tribal Consultation List. The consultation period has since concluded.
C. On November 27, 2017, 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.
2016-165 and approving General Plan Amendment No. 2017-02.
D. On December 19, 2017, 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. 2017-02, 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. 2017-02 has been filed to amend the General
Plan to change the land use designation of the properties at 2223 and 2237 West
Fifth Street from Low -Density Residential (LR) and General Commercial (GC) to
Urban Neighborhood (UN).
1. The existing General Plan land use designations for the project site at 2223
and 2237 West Fifth Street are Low -Density Residential (LR) and General
Commercial (GC), which allow single-family homes at a density up to seven (7)
Resolution No. 2017-079
Page 1 of 15
units per acre, or business and professional offices; retail and service
establishments; recreational, cultural, and entertainment uses and vocational
schools with a floor area ratio of 0.5. In order to facilitate the construction of a
51 -unit affordable housing project with a floor area ratio of 1.05, the land use
designation needs to be changed to Urban Neighborhood (UN), which allows for
a mix of residential uses and housing types, such as low- to mid -rise multiple
family, townhouses, single family dwellings; with some opportunities for live -
work, neighborhood serving retail and service, public space and use, and other
amenities with a floor area ratio of 0.5 to 3.0.
2. The proposed project at 2223 and 2237 West Fifth Street will support
several goals and policies of the General Plan. First, the project is consistent
with Housing Element Goal 2, to create diversity of quality housing, affordability
levels, and living experiences that accommodate Santa Ana's residents and
workforce of all household types, income levels, and age groups to foster an
inclusive community. The project will provide fifty (50) affordable rental housing
units and one (1) onsite manager's unit, which supports Housing Element Goal
3. Increased opportunities for low and moderate income individuals and
families to find quality housing opportunities and afford a greater choice of rental
or homeownership opportunities. The affordable housing project is in line with
Housing Element Goal 4, to provide adequate rental and ownership housing
opportunities and supportive services for seniors, people with disabilities,
families with children, and people needing emergency, transitional, or
supportive housing. Further, the project is consistent with several Housing
Element policies; Policy HE -2.3 to encourage construction of rental housing for
the city's residents and workforce; Policy HE -3.4 to support the provision of
employment training, childcare services, rental assistance, youth services, and
other community services that enable households to attain the greatest level of
self-sufficiency and independence; and Policy HE -4.4 to support the provision of
supportive services and service -enriched housing for persons with special
needs, such as seniors, disabled people, homeless people, families, veterans
and people with medical conditions.
F. 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. 2017-02 is consistent with the purpose of the General
Plan.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration
(MND)/Environmental Review No. 2016-165, prepared with respect to this project. The
MND is posted to the City's website at: http://santa-
ana.org/pba/planning/documents/InitialStudyandMNDandAppendicesforTinyT!mPlazal 1
.15.17.pdf and is also on file with the Planning and Building Agency.
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, an MND
Resolution No. 2017-079
Page 2 of 15
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. The
City Council hereby certifies and approves the MND 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 significant 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. However, pursuant to
Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and
Game Department filing fees in conjunction with this project is at the discretion of the
State of California Department of Fish and Wildlife.
Section 3. The City Council of the City of Santa Ana after conducting the
public hearing hereby approves General Plan Amendment No. 2017-02. 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 December 19, 2017, and exhibits
attached hereto; 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 -2935 (AA No. 2017-03) 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 do 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 Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
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.
Resolution No. 2017-079
Page 3 of 15
ADOPTED this 19th day of December, 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: U'' —
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Benavides Pulido, Solorio, Villages (4)
Martinez Tinaiero (2)
Sarmiento (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2017-079 to be the original
City of Santa Ana on December 19, 2017.
Date: j-,e-,2y/d'
Resolution No. 2017-079
Page 4 of 15
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Maria D. Huizar
Clerk of the Council
City of Santa Ana
EXHIBIT A
City of Santa Ana General flan
Land Use ]Element
1998
City of Sang Ana
Pinnni4 Division
Adopted
February 2,19$8
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EXHIBIT A -.
Resolution No. 2017-079
Page 5 of 15
LAND USE ELEMENT
areas. To encourage a dynamic mixture ofresidential, office and commercial uses,
within these areas both building intensity and residential density is based on Floor
area ratio and zoningdevelopment standards. In calculating eithcr the allowable
floor area or the allowable residential density, it the, City's policy to not allow
upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional
information concerning the Land Use Plan and the land use designations is
provided in Table l (Land Use Development Intensity Standards), and in the
Appendix.
Table 1
Notes:
The intensity standards shown refer to the theoretical maximum amount of development permitted
for each lead use designallon (du -dwelling units: FARdloorprea ratio). Development must also
adhere to toning regulations, and/or specific plan requirements.
s The District Center and Urban Neldhborhood land use designatians permit both residential and
non-residental development.
Commercial Intensities may vary, Baseline FAR is 0.5. Specific areas allowing greater intensities
are Indicated In Exhibit A-3.
One Broadway Plaza District Center land use designation permits office, restaurant and ancillary
retail for a master planned development.
*Refer to Appendix for descrlptfon of Land Use designations.;
CITY OF SANTA ANA GENERAL PLAN 15
Resolution No. 2017-079
Page 6 of 15
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Resolution No. 2017-079
Page 7 of 15
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Resolution R.3,7-0 E
Page a@ 15
LAPIO USE ELEMENT
LAND USE PLAN IMPLEMENTATION
To effectively achieve the broad range of goals outlined for the City's future
growth and development, a variety of plans, programs, and regulations, mGst be
relied upon. This section of the Element discusses these tools, and how they
correlate with implementation of the City's lapd use goals.
DEVELOPMENT INTENSITY STANDARDS
Table A-1 summarizes the development intensity standard for each of the General
Plan designations, and provides land use distribution by acreage for the land use.
The intensity standards for the categories permitting residential development are
expressed in density, measured in "units per acre," or Floor area ratio and zoning
development standards in the case of certain Mixed Use land use designations.
The intensity standards for non-residential development are expressed as "floor
area ratio" or FAR The FAR concept is illustrated in ExhibitA-3. The intensity
standards in concert with the zoning and development standards regulate the
massing, form and building size.
Table A-1
do - dwelling wil, FAR - floor area rado
Residential development is not a permitted use.
CITY OF SANTA ANA GENERAL PLAN A-1 I
Resolution No. 2017-079
Page 9 of 15
LAND USE ELEMENT
Residential
The Land Use Plan provides for three distinct residential land use designations,
Residential development is also permitted in two other designations: District
Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the
following residential land use designations:
The Low Density Residential (LR -7) designation applies to those areas of
the City which are developed with lower density residential land uses. The
allowable maximum development intensity is 7 units per acre. Development
in this category is characterized primarily by single-family homes. This
designation applies to a large proportion of the City G( �i7.7 (r�jA3 acres)
representing 47 percent of the City's total land arca.
The Low -Medium Density Residential (LMR -11) designation applies to
those sections of the City which are developed with residential uses at
Permitted densities of up to I I units per acre. The land area included in this
designation is approximately 420.6 acres.. The great majority of the land
designated as.LoW-Medium Density Residential is located in the westerly
portion of the City, north and south of First Street. Properties with this
designation are typically characterized by mobile home parks, d mixture of
duplexes and single family residences, or small lot subdivisions.
The Medium Density Residential (MR -15) designation applies to those
sections of the City which are developed with residential uses at densities of
up to 15 units per acre. Development in this designation is characterized by
duplexes, apartments, or a combination of both. A total of 370.1 wares is
designated as Medium Density Residential. The designation applies to areas
located in the vicinity' of downtown, areas north and south of MacArthur
Boulevard, and in other areas where there are established multiple -family
development projects.
Resolution No. 2017-079
Page 10 of 15
LAND USE ELEMENT
The General Commercial (GC) district 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
882.3 889.2 acres of land is included in this designation.
General Commercial districts are key .components in the. economic
development of the City. They provide :highly visible and accessible
commercial development along the City's arterial transportation 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 offfceand
retail, restaurants and various other services.
The General Commercial development standards are based upon the
character and intensity of development, as well as the degree of access and
market demand for these properties. The relationships [o adjacent land uses,
are also considered. Uses typically located in this district are:
• Business and professional offices;
• Retail and service establishments;
• 'Recreational, cultural, and entertainment uses; and
• Vocational schools.
General Commercial Districts have a floor area ratio ofO.S with the exception
ofthc Mid -town area which has an floor area ratio ofup to 1.0.
One Broadway Plaza District Center is a separate land use designation as it
has an RA,R. of2.9, which exceeds the typical District Center intensity limit.
Additionally, it does not include a residential component. One Broadway
Plaza is envisioned as a landmark professional office complex that will be a
focal point in the Downtown Redevelopment area serving the Civic Center
complex, Downtown, and Midtown urban areas. The City's District Centers
and major development areas are shown in Exhibit A-5.
CITY OF SANTA ANA GENERAL PLAN A-21
Resolution No, 2017-079
Page 11 of 15
LAND USE ELEMENT
The intensity standard for the Urban Neighborhood ranges from a
figor'area ration of 0.5 to 3.0; with residential density based on a
combination of floor area ratio and coning development standards.
A total of 279.1-13 f acres of land in the City arc designated Urban
Neighborhood.
Industrial
The Industrial designation applies to those areas developed with manufacturing
and industrial u.'ses. The designation ap'plies'to areas which are predominantly
industrial in character, and includes those industrial districts in thesouthwestern,
south central and southeastern scations of the City. A total of 2;152.8 acres of land
in the City is designates! 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 employrnent.opportunitics 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 'eenfer for the regioa. The'City's goat
is to 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 manufacturingand assembly.
■ Commercial uses which are ancillary to industrial uses in the district.
Institutional
The Institutional designation Includes the Civic Center, other governmental
facilities, City facilities and public institutions such as schools, etc. Only public
properties ofapproximately 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 governmental facilities that ate not subject to local development
regulations. A total of 796.3 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 1,015.8 acres are included in this land use
designation. Ofthis total, 358 acres of public park land is included in this land use
tlesignaticin.,
A-24 CIN OF SANTA ANA GENERAL PLAN
Resolution No. 2017-079
Page 12 of 15
LOIo USE ELEMENT
interagency Development Review Committee (DRC) to enure cbnsistent and
comprehensive application of City regulations and politics for all projects.
Redevelopment Plans. The City will apply redevelopment tools associated
with the implementation of the adopted redevelopment plans, as appropriate.
The City will encourage'die further development of industrial, commercial,
and residential projects in suitable locations to strengthen the City's tax and
employment base.
0 Special Studies. In certain instances, a special study may be required to
address a particular issue. In these cases,, a specific effort to identify staff
resources needed to conduct the appropriate investigation and analysis will be
identified.
Zoning Code Review, The zoning code serves as a primary tool used by the
City to regulate development. The City will develop a program to revise the
Zoning Ordinance to ensure that development regulations and standards are
consistent with community needs and high quality development. The City
will initiate appropriate changes to the ordinance to ensure, where
appropriate, conformity between the Land Use Element and Zoning Map.
UP lollb'1AaOlk P111111Zdljll
As indicated previously, the City of Santa Ana has been almost completely
developed for many years. As a result, any new development will necessarily
consist of redevelopment and infill development on the remaining vacant and
underutilized parcels. Many parcels with nonresidential land use designations
will never be developed to the maximum intensity permitted under the General
Plan.
Table A-4 indicates the'development possible under the build -out of the Land
Use Plan. The build -aur for residential land uses considered two scenarios.
Effective build -out For residential development is calculated by adding the?31_,y56
21-,2055 units possible in the areas designated as District Center and Urban
Neighborhood to die existing 74,588 units presently found in the City per Census
2000. Theoretical build -out for residential development considered the
development possible if all ofthe 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 futu re residential
development.
As indicated in TableA-4, threeofrhe 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 PAR
intensities while theoretical build -out considered the upper FAR range. Typically,
parking and landscaping requirements will result in significantly less flour area '
CITY OP SANTAANA GENERAL PLAN A-33
Resolution No. 2017-079
Page 13 of 15
LAND USE ELEMENT
for commercial and industrial developments than that which is pertained under
the General Plan.
As indicated in Table A-4, between :)1 ,3-8-2 95;34to 9_L8 95, -?116 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 buildout
scenario are a reflection of the higher density multiple -family developments
constructed in the 1970's and 1980's. However, -the purpose ofthe Land Use Plan
as it applies to the residential areas is to preserve and maintain the stability of
existing neighborhoods, rcgtrdless of the character ofdevelopmenMe 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 developmi ht entitlements are protected through
this Land Use Elerrierit, applicable Zoning regulations, and sections of the City
code pertaining to legal nonconformingdses;
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 j3 36.7413: i,�square feetofcommercial and
office development, and 42,199,991 square feet of industrial development are
possible under the effective capacity parameters of.Land Use Plan.
Resolution No. 2017-079
Page 14 of 15
LAND USE ELEMENT
Table A-4
Land Lisa plan Build•oul Certainties.
FAR.tloor oma now, d.u..6iffling unit; s.l.msquars feet lot Haar area). Aareageshovin In table does not Include mads to right-ol-way.
a Elective capacity for non-residentlal development assumes development passl5lo under the lower range of FAR intensity standards with the ex
Motor, East District Center, Transit Mliage District Center; Downtown DlsMet Center, Hmllage District Center, and Urban Neighborhood areas. The
District Center, Metre, East District Center, Transit Mage 0lstnol Center, Downmwd clearer Center, and Urban Neighborhood area allow a range
a Land use designagun permits bath resitlenVal and non-resldehllal development 8uildwut assumes 90"m if land areawdlt be developed as oommerdal5nd 10%
v4l8 be developed as residential; with the exception of Town aid Country Manor protect Intended lair continuum or care and fiousing seniors.
I Land use designation pemdls high intensity office development wit' ancillary retail use.
This more has been revlsad to correspond with the GIs Land Use Map Nustraredin &Wbif 2.
CITY OF SANTA ANA GENERAL PLAN
A-35
Resolution No. 2017-079
Page 15 of 15
I
lnlensllyl
El/ocdve Buildout'
theoretical
Land Use
Acres
Dentin
Buildout
Low Density Residential
LR-7�
7dWac
4A
Low Medium Density Residential
LMR -11
420.6
11 dulac
4,627 du
Medium Density Reslden9al
0-15
170.1
IS dulac
5,551du
Subtotal
7,249.4
581-4. d
55132 it
7249:8.
95;7d6Au-'
55,394idu
f
,1.
_
District Center
Other'
DC
309.5
900u1ac
FAR 1.0.2,8
j1,955,553 s1
. I
3,017 du
23,T64,534s
3,017du
Heritage
DC
'18.8
FAR 1.7
54,09D of
- 1,221 du
54,090s
1,221 du
Oownlown
DC
825
FAR 3.0
ZOE.7,824 at
1,661.eu
2;057,824 s1
1,681 du
Metra East
DC
98,3
FAR 3.0
3,245,185 sit
5,5511 du
3,245,185 sl
5,551 all
Transit Village
DC
51.4
PAR 5.0
402,864 of
2.761 du
40-2,86.4 ss
2,76t du
Harbor Corridor
OC
125.0
FAR 5.0
41,836,155 of
2,029 du
—
1,836.155s
,029 M
Urban Neighborhood
UN
P76.9
276A
FAR 0.5-3.0
7B 6.546 si
856.97Os1
5,016 du
1.966-dU
87fi5466
5016 du
4.V"
Subtotal
944.6
0 28.429
21 256 tlu
3z 237,371 of
211,
94dA
'20rf07c958N
4MO5 U
32r2469et-6E
21,205 a
Professional & Admin. Office
PAO
614.2
FARO.5dA
13,3713,406stj
26,752,809 at
General GOmmafCfal
0r,
8623
a63-@
FAP B,&1.0
19.217.147 s1
in,w�_M9.57 al
.__
38.434.295s1
Strap
One Broadway Plaza District GO
05POC
4.3
FAR 2.9
543,193 s1
543,193 sf
Subtotal
15008
ayg-7
33.136.7d5 s1
33-1 r.56Ssi
65,730,297
65.71U1,1137 it
Industrial I
WO
2,152.81
FAR OA5
42,199,991 of
42,199,991 at
790.41 FAR 0.2-0.5
'6,937,758 51
17,344,394 s1
_
Institutional' INS
Open Space
03
1,015.8FAR
0.2 _
8,849,650 sf
8,849,650 sf
Subtotal
1,812.1
15,787,407 51
^
25,194,044 sl
FAR.tloor oma now, d.u..6iffling unit; s.l.msquars feet lot Haar area). Aareageshovin In table does not Include mads to right-ol-way.
a Elective capacity for non-residentlal development assumes development passl5lo under the lower range of FAR intensity standards with the ex
Motor, East District Center, Transit Mliage District Center; Downtown DlsMet Center, Hmllage District Center, and Urban Neighborhood areas. The
District Center, Metre, East District Center, Transit Mage 0lstnol Center, Downmwd clearer Center, and Urban Neighborhood area allow a range
a Land use designagun permits bath resitlenVal and non-resldehllal development 8uildwut assumes 90"m if land areawdlt be developed as oommerdal5nd 10%
v4l8 be developed as residential; with the exception of Town aid Country Manor protect Intended lair continuum or care and fiousing seniors.
I Land use designation pemdls high intensity office development wit' ancillary retail use.
This more has been revlsad to correspond with the GIs Land Use Map Nustraredin &Wbif 2.
CITY OF SANTA ANA GENERAL PLAN
A-35
Resolution No. 2017-079
Page 15 of 15