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Home My WebLink About75C - PH MATER DEI PROJECTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: PUBLIC HEARING —AMENDMENT APPLICATION NO. 2018-02, GENERAL PLAN AMENDMENT NO. 2018-02 AND THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999-01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE — PATRICK MURPHY, APPLICANT (STRATEGIC PLAN NO. 3,2; 3, 5) v CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Deny the Third Amendment to Development Agreement No. 1999-01 for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018-02. PLANNING COMMISSION ACTION At its regular meeting on April 23, 2018, the Planning Commission by a vote of 6:1 (Nguyen opposed) recommended that the City Council deny the Third Amendment to Development Agreement No. 1999-01 (DA No. 2015-02) for the Mater Dei High School campus expansion project; adopt an ordinance approving Amendment Application No. 2018-02; and adopt a resolution approving General Plan Amendment No. 2018-02 for the Mater Dei High School Parking Structure and School expansion project located at 1202 West Edinger Avenue. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). DISCUSSION Approximately eight years ago, Mater Dei High School submitted a proposal to construct a three level, 990 -space parking structure on the campus as well as to allow a new two-story educational building to be built. In 2015, the City Council took action on the project by approving two 75C-1 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 — Mater Dei High School Parking Structure Expansion Project May 15, 2018 Page 2 entitlements: The certification of an environmental impact report and the approval of an addendum to an existing development agreement. The original request was for Council to approve all necessary entitlements (zone change and general plan amendment) at one time; however, as Mater Dei did not own the 19 properties affected by the proposed project, the City was unable to move forward with the zone change and general plan amendment applications due to potential adverse condemnation concerns. As all affected properties are now owned by the applicant, the remaining entitlements are now able to proceed. Mater Dei is intending to consolidate their various parking facilities onto the school campus by constructing the new parking structure. As all parcels are under control of the school, the applicant is proposing to change the general plan land use designations and rezone the 19 affected parcels to be consistent with the designations for the existing campus. This includes rezoning the parcels from Single -Family Residence (R-1) to Open Space (0), and changing the general plan land use designation from Low Density Residential (LR -7) to Institutional (INS). Staff is supportive of the general plan and zone change requests and is recommending for the approval of these two requests. This proposal also consists of a request by Mater Dei for a third amendment to the development agreement that requests City assistance with the construction of off-site improvements (i.e. new traffic signal and street demolition and repairs) associated with the parking structure project that are valued at approximately $1.8 million. Mater Dei is proposing that the City's $1.8 million contribution be via the completion of three off-site improvements: The installation of a new traffic signal at Bristol Street and St. Andrew Place, the removal and reconstruction of St. Andrew Place from Bristol Street to Baker Street, and the installation of a public alley and related improvements at the east side of the Mater Dei parking structure. The applicant is also proposing language in the agreement that caps the City's contribution to no more than the value of those improvements, which is almost $1.8 million. Staff does not support this request and does not recommend approval. As an alternative to the City completing the improvements, the Public Works Agency (PWA) has reduced the scope of work to St. Andrew Place that ensures the street meets City standards but reduces the cost of the off-site improvements by approximately $450,000. Further, PWA staff is working with OCTA to include the Bristol Street/St. Andrew Place traffic signal as part of the Bristol Street Widening Project that is currently underway. If approved, this will reduce the off- site improvements by another $480,000. The cost for Mater Dei to complete these proposed alternate improvements is $870,000, $930,000 less than the previous $1.8 million. Based on the projected budget deficit number presented to City Council for Fiscal Year 2018-19, the City is unable to recommend any financial commitments to the project. Staff would be supportive of the alternative workscope and assistance with pursuing with OCTA for the proposed signal installation if the project applicant is able to fund the gap for the completions of the necessary off- site improvements. Full-sized plans are available for public viewing in the Clerk of the Council Office. 75C-2 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 — Mater Dei High School Parking Structure Expansion Project May 15, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with recommended actions amending the general plan and zoning map to reflect school use. However, if the City Council approves the development agreement amendment requiring the City to construct the necessary roadway improvements, the cost would be $1.8 million for the original improvements or $870,000 for the alternate proposal. Staff is not recommending approval of the development agreement amendment. Qe Minh Thai Executive Director Planning & Building Agency VF:rb S:RFCA\05-15-18WA18-02 GPA18-02 Amend DA99-01.cc Exhibits: A. Planning Commission Staff Report B. Ordinance C. Resolution 75C-3 75C-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 23, 2018 A PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2018-02, GENERAL PLAN AMENDMENT NO. 2018-02 AND THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999-01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE (STRATEGIC PLAN NO. 3, 2; 3,5) Prepared by Vince Fregoso Interim Executive hector RECOMMENDED ACTION Recommend that the City Council: APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO r ActinglPlannin anager Deny the Third Amendment to Development Agreement No. 1999-01 (DA No. 2015-02) for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018-02. Executive Summary Diocese of Orange is requesting approval of three entitlements to complete the expansion process to the Mater Dei campus located at 1202 West Edinger Avenue. Specifically, the applicant is requesting approval of a third amendment to the development agreement to allow the city to provide financial assistance for the construction of the off-site improvements needed for the project. In addition, the applicant is requesting an amendment application (zone change) to change the zoning of 19 residential parcels to Open Space (0) and a general plan amendment to change the land use designation of the 19 parcels to Institutional (INS). These actions will make the zoning and general plan designations consistent with those of the existing campus. Staff is supportive of the applicant's request as the requests are consistent with City Council action in 2015 that approved a three level, 990 -space parking structure and a two-story classroom building for the high school. However, due to funding concerns, staff is unable to recommend approval of the amendment to the development agreement. EXHIBIT A 75C-5 Amend DA No. April 23, 2018 Page 2 1999-01, AA No. 2018-02 and GPA No. 2018-02 Table 1: Prosect and Location Information Item Information. Project Address 1202 West Edinger Avenue Nearest Intersection Bristol Street and Edinger Avenue General Plan Designation Institutional and Low Density Residential (INS and LR -7) Zoning Designation Open Space and Single -Family Residential (O and R-1) Surrounding Land Uses North I Public Parking, Office and Residential East Sin le-Famil Residential South Sin le-Famil Residential West Commercial, Church and School Property Size 20.9 acres total of 25.1 acres with proposed amendments Existing Site Development The site is developed with the Mater Dei High School campus, which consists of nine buildings, approximately 232,645 square feet of floor area, and 550 on-site parking spaces Zoning Code Sections Affected Use allowed by right SAMC Section 41-584(b) Project Description Mater Dei High School is requesting approval of three entitlements in order to facilitate an expansion to the existing campus. The entitlements include the approval of a third amendment to a development agreement that was first approved in 1995 and amended in 1999 and 2015, and a zone change and general plan amendment to make the 19 recently acquired residential lots consistent with the zoning and general plan designations for the Mater Dei campus. First, the applicant is requesting approval of the third amendment to the development agreement. The -proposed amendment is a request to provide financial assistance for completing necessary off-site improvements associated with the parking structure project. As proposed, Mater Dei is requesting terms be added to the agreement that require the City to contribute approximately $2,000,000 toward the off-site improvements, which will include the relocation of utilities, street demolition and repairs, and the installation of a new traffic signal. To facilitate the expansion project, Mater Dei acquired 19 residential properties that were located south and east of the existing campus. Now that all parcels have been acquired, changes to the zoning and general plan designations of the parcels are needed to make the zoning and general plan designations consistent throughout the campus. This proposal includes zone changes from Single -Family Residence (R-1) to Open Space (0), and a change in the general plan designation from Low Density Residential (LR -7) to Institutional (INS). Protect Background Mater Dei High School began operations in Santa Ana in 1950. In 1961, the school obtained a conditional use permit (CUP) to expand its existing classroom facilities. In 1995, the school received approval of a development agreement, general ,plan amendment and amendment application (zone change), which approved:a conceptual master plan for the expansion and build 75C-6 Amend DA,No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 April 23, 2018 Page 3 out of the Mater Dei campus, which included the acquisition of residential properties to the east and the future vacation of a portion of several streets located directly east of the campus. In 1999, the school received approval to amend the development agreement for the vacation of a portion of Baker Street, Pomona Avenue, Stanford Avenue and Edinger Avenue and approval of a revised master plan for the high school, which also included the construction -of a future 46,241 square foot Performing Arts building. In 2015, the City Council certified an environmental impact report and approved an addendum to the development agreement to allow construction of a three-level, 9907space parking structure for the campus as well as a 30,820 square foot, two-story academic building. However, as the 19 properties affected by the proposed project were not under school ownership, staff was unable to move forward with the zone changes and general plan amendments due to potential adverse condemnation concerns. As all 19 properties are now owned by the applicant, these remaining entitlements are able to proceed. Proiect Analysis Mater Dei is proposing to expand the existing school campus by constructing a three level, 9007 space parking structure on 19 parcels of land and street segments located south and east of the existing campus. Additionally, the school is proposing to demolish two older classroom buildings and construct a new two-story classroom building in the central section of the campus. The following subsections of this report provide analyses for each of the recommended action items. Amendment Application The City, Council's approval of a new parking structure .in 2015 allowed Mater Dei to. move forward with the acquisition of 19 parcels of land needed for the project. Given the urban nature of the site, and the lack of available land surrounding the school, the applicant's only option was to expand into the adjacent single-family residential neighborhood. Approval of this, request will ensure that one zoning designation will govern the entire campus, with the permitted uses and development standards for one designation applicable throughout the campus. The existing campus is located in the Open Space (0) zoning district, which allows educational facilities such as Mater Dei High School by right. The Single -Family Residence (R-1) zoning district of the new parcels allows schools subject to issuance of a CUP and has a different set of development standards. In order to have consistent zoning, uses and development standards for the site, staff is recommending that the amendment application (zone change) be approved to change the zoning designation of the 19 residential parcels to the Open Space (0) designation. General Plan Amendment The City's .Land Use Element of the General Plan serves as the long-range guide for land use and development in the City and facilitates growth reflecting the community's vision. In order to have a clear vision, the land use designation of development sites needs to be consistent throughout the entire parcel. The General Plan land use designation for the existing campus is 75C-7 Amend DA No. 1999-01, AA No. 2018-02 and GPA No. 2018-02 April 23, 2018 Page 4 Institutional, which allows both govemment and educational uses such as Mater Dei High School. However, the 19 expansion parcels and adjacent street rights-of-way have a Low Density Residential (LR -7) land use designation since they were not under.control of the school when the parking structure project was approved. As these properties are now owned by the applicant, a general plan amendment is needed to make the 19 parcels and street .right-of-way consistent with the general plan land use designation of the existing campus. The proposed general plan land use changes will comply With State law as they will be consistent with the proposed zoning designations for the parcels. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan Land Use Element are proposed to be updated to reflect the master plan of the high school in order to maintain consistency with the City's General Plan vision. Therefore, the proposed general,plan amendment to change the land use designations for the 19 parcels is supported by staff. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The applicant is requesting that these 19 properties be redesignated to Open Space zoning, and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City, is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of, these projects will result in an overall increased in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Amendment to the Development Agreement The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and' standards for the term of the agreement. In exchange for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits. In 1995, a development agreement was approved between the City and Mater Dei. In 1999, an amendment was approved between the parties that approved the Mater Dei'2000 Master Plan. Included in those agreements was language that obligated the City to complete off-street improvements (streets, sidewalks, curbs and gutters, etc.) in conjunction with a surface parking lot expansion project. In 2015, the City approved, another amendment to the agreement to allow a new three-level parking structure, a new two-story building, and an increase in enrollment. Language Ment ical to the 1995 agreement requiring the City to complete the off-site improvements was contemplated in early versions of the 2015 development agreement. However, when the project moved forward to the Planning Commission and City Council, this language was removed. Mater 75C-8 Amend DA No. April 23, 2018 Page 5 1999-01, AA No. 2018-02 and GPA No. 2018-02 Dei is now proposing a third amendment to the development agreement to incorporate language requiring City participation.for off-site improvements. The parking structure project will require the completion of several off-site improvements to facilitate the project. The estimated cost for these off-site improvements is approximately $3.6 million. Mater Dei is proposing that the City contribute to the project by completing the following three off-site improvements: The installation of a new traffic signal at Bristol Street and St. Andrew Place, the removal and reconstruction of St. Andrew Place from Bristol Street to Baker Street, and the installation of a public alley and related improvements at the east side of the Mater Dei parking structure. These three improvements have an estimated cost of almost $1.8 million. Ther applicant is also proposing to include. in the agreement that will cap the City's contribution to no more than the value of those improvements, which is almost $1.8 million. Although the prior agreement had City participation, the current budget condition provides little to no flexibility in providing funds for private projects. Therefore, staff is recommending denial of the request to amend the development agreement. As an alternative to the City completing the improvements, the Public Works Agency has identified efficiencies to St. Andrew Place that will reduce the cost of the off-site improvements by approximately $450,000. Further, PWA staff is working with OCTA to pursue another $480,000 in efficiencies as part of the Bristol Street Widening Project that is currently. underway.- At this time, the $930,000 identified above appears to be the maximum contribution that can be made by the City. Table 2: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA; Strategic `Plan Alignmerit, aod+Public Notification & Corrimunity,Outreach� CEQA: CEQA Type Sub'ect to a previously prepared EIR Document Type Environmental Impact Report No. 2013-01 As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2013-01. The certified Environmental Impact Report identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The Reason(s) analysis studies several topics, including aesthetics, land use, noise, safety, Exempt or Analysis transportation and traffic. Further, the EIR included analysis on the rezoning and general plan redesignation of the parcels to be consistent with the Mater Dei campus, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA 15183, no additional environmental review is required as the project is consistent with the development studied under the certified EIR. The previously certified Mater Dei project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. 75C-9 Amend DA No. April 23, 2018 Page 6 1999-01, AA No. 2018-02 and GPA No. 2018-02 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and Goal(s) and Policy(s) encourage private development through new General Plan and Zoning Ordinance policies, as well as Objective No. 5 to leverage private investment that results in tax base expansion and job creation citywide. �PublicNotification;BCommunit .Outreach The subject site is located within .the Memorial Park Neighborhood Association boundaries. On April 17, 2018, staff had a,phone conversation with the Association President to discuss the project and identify areas of concern. The President expressed no concerns with the proposed project. At the time of this printing, no correspondence, Required Measures either written or electronic, had been received from any members of the public. A public noticed was posted on the project site on April 13, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on April 13, 2018. Newspaper posting was published in the Orange County Reporter on A ril 13, 2018. Conclusion Based on the provided analysis, staff recommends that the Planning Commission recommend that the City Council deny the Third Amendment to Development Agreement No. 1999-01, adopt an ordinance approving Amendment Application No. 2018-02, and adopt a resolution approving General Plan Amendment No. 2018-02 for the Mater Dei High School parking structure and school expansion project. Y Vinc rego , AICP Acting Plannirtg Man_ger VF:sb 04-23-181AA 2018-2 8 GPA 2018-2 8 Amend DA99-01.pc042318 Exhibits: 1. Development Agreement 2. Ordinance 3. Resolution 4. Vicinity Map 5. Site Plan 75C-10 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT This Third Amendment to Development Agreement (the "Third Amendment") dated as of 2018, by and between the CITY OF SANTA ANA ("City") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non- profit corporation ("Developer"), collectively the "Parties". RECITALS: A. In August 1995, the City entered into a Development Agreement with the Developer to facilitate the physical expansion and improvements of an existing private secondary school. In June 1999, the City and Developer approved the First Amendment to the Development Agreement to reflect various changes in development standards applicable to the project. In August 2015, the parties approved a Second Amendment to the Development Agreement to allow the physical expansion of the school campus, allow the construction of a parking structure and new school building, extend the term of the agreement, allow an increase in enrollment. B. California Government Code section 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement. The City and Developer desire to enter into this Third Amendment in order to facilitate certain street improvements associated with the school. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: follows: Section 7 of the Second Amendment is hereby deleted and amended to read as Dedications, Street Improvements, Parking Structure and Performing Arts Center. C. The parking structure, the new Performing Arts Center and other on-site building improvements are to be completed by Developer at Developer's sole cost and expense as generally described in the Site and Development Plan. All off- site improvements shall be completed by Developer at its sole cost and expense, except for the following improvements: (i) Installation of a traffic signal and associated improvements at Bristol Street and St. Andrew Place; (ii) The replacement and restoration of St. Andrew Place; and, (iii) Completion of abandonment and associated utility relocations for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley. EXHIBIT 1 75C-11 The costs to the City for the above referenced improvements shall not exceed $1,790,415. The Developer shall be responsible for any and all costs that exceed such amount. 2. Except as amended herein, all terms, conditions and agreements of the Development Agreement and exhibits thereto shall remain in full force and effect and each term, covenant and agreement is incorporated herein by reference as though set forth herein. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL, Acting Director Planning and Building Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager DEVELOPER: Name: Title: 75C-12 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1950, Mater Dei High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Dei High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01, allowing the expansion of the campus and the construction of a three-level 1,000 -car parking structure. D. Over the past 58 years, Mater Dei High School has been a community asset, providing religious and educational opportunities to the youth of the community. In an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Dei High School to change the zoning designation from Single -Family Residence (R-1) to Open Space (0) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. EXHIBIT 2 75C-13 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City's 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found 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 considered the information contained in the previously approved environmental impact report for the mater Dei High School parking Structure and School Expansion project (EIR No. 2013-01) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole 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, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018 -_(General Plan Amendment No. 2018-02) is adopted and becomes effective. If said resolution and ordinance are 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 ordinance shall be null and void and have no further force and effect. 75C-14 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15th day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75C-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75C-16 LS 4.23.18 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 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. Mater Dei High School is requesting approval of General Plan Amendment No. 2018-02 to amend the General Plan land use designation of 19 parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the General Plan land use designation of the existing high school campus. B. On April 23, 2018, 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 approving General Plan Amendment No. 2018-02. C. On May 15, 2018, 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. 2018-02, 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. D. General Plan Amendment No. 2018-02 has been filed to amend the General Plan to change the land use designation of 19 properties located on Berkeley Street, Occidental Street and St. Andrew Place from Low Density Residential (LR -7) to Institutional (INS) to be consistent with the General Plan designation of the existing high school campus. E. The City Council has considered the General Plan's policies and has determined that General Plan Amendment No. 2018-02 is consistent with the purpose of the general plan. EXHIBIT 3 75C-17 F. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Section 2. The City Council has considered the information contained in Environmental Impact Report No. 2013-01 that was prepared with respect to this project. 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, the proposed project was analyzed in the previously prepared EIR and 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 directs that a 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. 2018-02. 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 May 15, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75C-18 Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-02) 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 othennrise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney LIM Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75C-19 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 75C-20 City of Santa Ana General Plan. Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Iand Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05); GPA 2010-01 as passed by GPA 2017-02(December 19,2017) GPA 2008-02(Jtdy 20, 2009) the voters of Santa Anal GPA 200P08(February 5,2 GPA 2017-01 (June 20. 2017) GPA 2007-03 (May 18. 2009) GPA 2004-04 (July 19, 2004) GPA 2WU03(December 4, GPA 207603 (February 21, 2017) GPA 2008-01 (May 5, 2008) GPA 2004-06 (July 6, 2000) GPA 2000.02 (November 21 GPA 201602 (May 17, 2016) GPA 2004.03 (February 2, 2009) GPA 200.102 (June 16, 2003) GPA 199942 (October 18,1 GPA 201601( April 19.20%) GPA 2007.02 (June 18, 2DD7) GPA 200341(February 18, 2003) GPA 1999-01(August16, V GPA 201S-03(February 2, 2016) GPA 2007-01(March 19,2007) GPA2002-01(Septemter3,2002) GPA1998&04(Ocober5, It 13PA2014-02(Oclober21,2014) GPA200601(October 2,2006) GPA 20(12-03(August19,202) GPA 199605(Seplember2 GPA 20M011June 3.20141 GPA20OW tDmember5.20051 GPA 20Dl-031Februan 19, 20021 CPA 199"1(May 4,19981 75C-21 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 (6j"6,456.9 acres) representing 47 percent of the City's total land area. • 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 11 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, a 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 acres 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. CITY OF SANTA ANA GENERAL PLAN A_19 75C-22 .LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 279.1 acres of land. in the City are designated Urban Neighborhood. .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 2,152.8 acres ofland 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 longbeen an industrial center for the region. The City's goal 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 manufacturing and 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 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 governmental facilities that are not subject to local development regulations. A total of49"800.6 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 1,010.9 acres are included in this land use designation. Of this total, 358 acres ofpublic park land is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PIAN 75C-23 LAND USE ELEMENT Table A-4 Acres Effective Low Density Residential LR -7 fi_4, 9 7 dWac 45.198 du Low Medium Density Residential LMR -11 420.6 11 dulac 4,627 du Medium Density Residential MR -15 370.1 15 du/ac 5,551du Subtotal 7'.467 6 95,844 du' 55.62$54 O District Center Other2 DC 309.5 90 du /ac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 sr 3,017 du Heritage DC 18.8 FAR 1.7 _ 54,090 sf 1,221 du 54.090s 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 at 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 at 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 sf 2,029 du Urban Neighborhood UN 276.9 FAR 0.5-3.0 876,546 sf 5,016 du 876,546 sti 5,016 du Subtotal Professional & Admin. Office PAO 944.6 612.4 FAR 0.5-1.0 20,428,42 sf I 13,338,072 sf 21,256 du 32,237,371 sf, 26,676,144 sf 21,256 du General Commercial GC 885.8 FAR 0.5.1.0 19,292,724 sf 38,585,448 sf One Broadway Plaza District CW OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal , Industrial IND 1,502.5 2,152.8 FAR 0.45 33,173,989 sf 42,199,991 sf 65,804,785 sf 42,199,991 sf Institutional INS 800.6 FAR 0.2.0.5 6.974740 1 1I.436.850sf Open Space Os 1,010.9 FAR 02 1 8,806,961 sf 8,806,961 sf 4;887:5 45,746,940-s1 ae 1i9-,56,99.jnnn G, Subtotal 1 811.5 15.781.701 sf 26.243,811 sf FAR=Oaof area ratio; d.u.=dwelling uNt; s.f.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. I Effective capacity lar non-residential development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage Disldm Center, and Urban Neighborhood areas. The Harbor Condor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,256 units possible In the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and non-residential development Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. a Land use designation permits high intensity office development with ancillary retail use. This fable has been revised to correspond with the GIS land Use Map illustrated In Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75C-24 ---- A-35 - , _ 75C-25 �- i E O _- N `' mE ca L r- a oaa ¢RUM w ;9 ao n V o^c N , Q $s E _ W N U) L.L Da` o _ rc s€ c o m` A m LS: o v (6 = § ES e o O 7¢ O V Z 1®®�I�®1 - o f 3 u Z O n`EiiziF2Ui�00�[u iin'irrzry dddddd�ddd��*ddd�ddrynprvnn� 3�� .3Oi J +-: 4i 75C-25 75C-26 N 0 U C _ O 5 Oca m v q d N g< E _ _— eTi J C M J111110®1111 ¢ E K E� Z U U o?? m o U O o a m 0 75C-26 4/16/2018 Addendum to DA No. 1999-1, AA No. 2018-2 and GPA No. 2018-2 Mntor nai Hinh Crhnnl - 17117 1N Friinnor Avant la x sm fI ft.I,R.Mdenn T=Mily Pwalden e SubuA nApartment We'le M, Realdenee Aesidenfal Emu Cemmerchl Residential speaf Ran Sped& Dwalapm... Permed sApPDiK Center SpvM MaN sneer Cemmarclal potM Cpmmunay Cammesaal+puseum D'¢nkt Community CommeNal Pneral Cprnmercni General Cammerclel U,K, lndueniel Neavy Nduanial PW.W.Kl Gpyemment Gnter Open Span Ge Aral ArnmlWnl o. v - vlclnlry conlno a http://apps.spatialstream.com/production/dashboard/8/9/O/CurrentBuild ttSGoK2. nl# if"n250 fee[ A ld MIR Dinital Man Pmdnr . All riohtc rrcnrvpd. 1/1 75C-28 a• Atli" HHHHHHH19 TI i ii ii � � r— ®�fiit8i3,tilE€9IttI11 3 [ it - - - ...... S �_�-01 �I B � t 1 r' i� G_ — Sc!e1•e,e ,l S.t9ei , lFlFffa. fllf I , $i{F � I' -•--t o�t_ €9S1 :ilj �'i�is, li —I .. u --` (tl'Nil lii:tl l .— • B ; � � L�9; t i� E � P[ i civ, IL�.I' _ �'m E tiagl l�'1 Ilgi ih, �Y, i�! a•, - •M I ri � F+ I � . T� It f 1 F�t _} I I } 9�± ` ,.it 1�-iF� :. ••'�'w—.7„� i F F � it tl If 1 3 if!igpI'I B p i LrF.tJ c i pj --tea 1 It i ti� t �I{I � i� i 31 i azi I • , �� '! ilk I I-i-� � �d i = �� (�` �� , � - = [ IT91, ' y; f r[3B i h F�sljl Iii III 1�I II�'i trtl tii .li t III iY td ii y tF I l ll � i :.II o u. --a iiBB 1 9 4II i f' i „f 75C-28 LS 4.23.18 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 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. Mater Dei High School is requesting approval of General Plan Amendment No. 2018-02 to amend the General Plan land use designation of 19 parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the General Plan land use designation of the existing high school campus. B. On April 23, 2018, 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 approving General Plan Amendment No. 2018-02. C. On May 15, 2018, 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. 2018-02, 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. D. General Plan Amendment No. 2018-02 has been filed to amend the General Plan to change the land use designation of 19 properties located on Berkeley Street, Occidental Street and St. Andrew Place from Low Density Residential (LR -7) to Institutional (INS) to be consistent with the General Plan designation of the existing high school campus. E. The City Council has reviewed the General Plan's policies and has determined that General Plan Amendment No. 2018-02 is consistent with the purpose of the general plan. Exhibit S 75C-29 F. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. Section 2. The City Council has considered the information contained in Environmental Impact Report No. 2013-01 that was prepared with respect to this project. 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, the proposed project was analyzed in the previously prepared EIR and 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 directs that a 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. 2018-02. 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 May 15, 2018, 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- (AA No. 2018-02) becomes effective. If said ordinance is for any reason 75C-30 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. ADOPTED this 15th day of May 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: b4 C -- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75C-31 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 75C-32 City of Santa Ana General flan Land Use Element 1998 City of Santa Ana Planning Division 0 Adopted February 2, 1998 (Reformatted January 2010) The fallowing is a chronology ofthe approved general plan anteadntents that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council rebrnnry 2, 1998 (GPA 1997- 05): GPA 2018-021Pendinol GPA 2011-02 (Jure 6,2011) GPA 2015.01(Penddng) GPA 201"1 (Joe 7,2010) GPA 201702 (December 19,2017) GPA 20602 (July 20, M GPA 2017-01 (Joe 2), 2017) GPA 2007-03 (May 18.200) GPA 2016-03 (February 21, 2017) GPA 200-010.1ay S. 20081 GPA 2016.02 (May 17, 2016) GPA 204-03 (February 2, 200) GPA 2016 01(AprJ 19, 2016) GPA 207-02 (Jure 18.207) GPA 201593 (February 2, 2016) GPA 207-01 pnamh 19.207) GPA 2014-02(October21, 2014) GPA 20601(Oclaber 2,20(6) GPA 2014 01 3.2014) GPA 205.91(Oecember S. 2DDS) GPA 2011,03 (March 19, 2012) GPA 2005-02 (October 17, 2005) GPA 2001-02 (Janus/ 7, 2002) GPA 200401(Apn7 5, 2005, no passed by CPA 20609 (May 7, 2001) the voters of Santa Ana) GPA 2000-08 (February S. 2h11 GPA 2004-04(July19, 2004) GPA 20*03 (December 4, 20 GPA 2G04-06[July6, 2004) GPA 2000-02(November 20, 2C GPA 203.02 (June 16, 2003) GPA 1999-02 (October 18, 1595 GPA 2003-01(February18, 20031 GPA 1990,01 (August 16.1999) GPA 202-01(September 3, 202) GPA 199604 (October 5, 19981 GPA 20243 (August 19. 2002) GPA 1999-05 (September 21, V, GPA 20L03 (February 19, 202) CPA 199801(May4,1996) 75C-33 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 peracre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6x,16&96,456.9 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LIvIR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 1 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, a 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 acres 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. CITY OF SANTA ANA GENERAL PLAN A-19 75C-34 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a Floor area ration of 0.5 to 3.0; with residential density based on a combination of Floor arca ratio and zoning development standards. A total of 279.1 acres of land in the City are designated Urban Neighborhood. 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 ofthe City. A total of 2,152.8 acres ofland 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 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 manufacturing and 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 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 governmental facilities that are not subject to local development regulations. A total of -796-.6800.6 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 1,010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. A-24 CnY OF SANTA ANA GENERAL PLAN 75C-35 LAND USE ELEMENT Table A-4 _ Land Use Plan Build -out Capacities Intensilyl Effective Buildout Theoretical Land Use J I Acres I nensitiv ! Nuildnrrt Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 Industrial I IND I 2.152.81 FAR OAS I 42,199,991 sf ; Low Density Residential LR -7 8469 9j 7 du/acJ F ..._..--s.,�l II aC�9C 45.198 du 4,627 du Low Medium Density Residential LMR -11 420.6: 11 dulac Medium Density Residential MR -15 ( 370.1 j 15dufac 17 436.850 sf I_ Open Space 5,551 du Subtotal I 7,271. 95,844 du' 55;652 55.824 do District Center Otherz — DC I 309.5 90 du fac --- ----- �__ FAR1.0.2.0 11,955,563 sf I 017 tl L. ..�-- 23,764,53 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du, 54,090sfi 1,221 du Downtown _ DC r—'--IT-----T— 62.5 J FAR 3.0 2,057,824 sf 1,661 du � 57,824 sf�� 1,661 du Metro East OC j 98.3 FAR 3.0 3,245,185 sf 5,551 du —2,0+ 3,245,185 sit 5,551 du Transit Village - ----' DC 51.4 FAR 5.0 IJ 402,864 sf 2,761 du 402,864 sf i 2,161 du Harbor Corridor I DC 125.0 FAR 5.0 1,836,155 sf 2,029 du ---- 1,836,155 sf, 2,029 du Urban Neighborhood_-- N— 276.9 FAR 0.5-3.0 876.546 sf 5,015 du 876,546 sf 876,546 5,016 du Subtotal ! 944.6 20,428,42 at j 21,256 du — ----.. I 32,237,371 sf 21,256 du Professional & Admin. Office PAO 612.4 FAR 0.5-1.0 13,338,072 sf J 26,676,144 sf General Commercial GC C 885.8 ! FAR 0.5-1.0 st 1 38,585,448 sf One Broadway Plaza District Ctrs OBPDC t 4.3 1 FAR 2.9 _-19,292,724 543,193 sf ! 543,193 sf! Subtotal 1,502.5 33,173,989 sf l 65,8O4,785 sin Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 Industrial I IND I 2.152.81 FAR OAS I 42,199,991 sf ; 42,199,991 sf 1i..eri ..-.ns. ry +-=-r r—._*F' °'it^"'-g'"TS�.✓=; __ F ..._..--s.,�l _.d_lL:ti......:: (r' _r, Institutional anon INS I � FAR0205 1 4,349.949s ! f 800.6. 6 97� 4.740 sf_I 17 436.850 sf I_ Open Space — _ _ OS J 1,010.9 I FAR 0.2 ; 8,806,961 sf j _ _ _._L I 8,806,961 sf Subtotal 1 I " " " I 1 D_`1.5 i 15 781.701 sl ; 26,243.811 sl v_ FAR =floor area ratio; d.u.=dwelling unit; s.i.=square feet (of Hoar area). Acreage shown In table does not include roads in right-of-way. I EffecWe capacity for non-residential development assumes development possible under the lower range of FAR intensity standards Writ the exception of the Metro East Disbict Center, Transit village District Center, Downtown Dishict Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor Disldct Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mrxlure of residential and non-residential development based on to toning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. I Land use designation permits both residential and nonresidential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents]; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development writ ancillary retail use. this fable has been revised to correspond with the GIS (and. Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75C-36 E m CL -.0 < 0 c — c US c E g,2 0 o a z i o I I I z 11 Hill .—Lela 75C-37 m 75C-38 - 0 S o � cu J�D111��11�1 E 0 Z O o n O m _.J 75C-39 R 75C-40 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1950, Mater Dei High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Dei High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01, allowing the expansion of the campus and the construction of a three-level 1,000 -car parking structure. D. Over the past 58 years, Mater Dei High School has been a community asset, providing religious and educational opportunities to the youth of the community. In an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Dei High School to change the zoning designation from Single -Family Residence (R-1) to Open Space (0) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. Exhibit G Ordinance No. NS-xxxx Page 1 of 4 75C-41 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City's 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found 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 considered the information contained in the previously approved environmental impact report for the mater Dei High School parking Structure and School Expansion project (EIR No. 2013-01) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole 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, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018 -_(General Plan Amendment No. 2018-02) is adopted and becomes effective. If said resolution and ordinance are 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 ordinance shall be null and void and have no further force and effect. Ordinance No. NS-xxxx Page 2 of 4 75C-42 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15°i day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75C-43 Ordinance No. NS-xxxx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75C-44 Ordinance No. NS-xxxx Page 4 of 4