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Home My WebLink About11C - 2ND READ ORD MATER DEI HSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ORDINANCE SECOND READING: 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 (STRATEGIC PLAN NO. 5,1) C MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY. APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On May 15, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-2 (Sarmiento absent): ORDINANCE NO. NS -2948 - 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 In summary, approval of the amendment application will make the zoning of the recently acquired properties consistent with the zoning designation of the existing campus. Further, the properties will also become consistent with the General Plan land use designation for the high school. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11C-1 Second Reading Ordinance: Amendment Application No. 2018-02 June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. C Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS -2948 11C-2 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. Ordinance No. NS-xxxx Page 1 of 4 11C-3 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. 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 11C-4 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'" day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: � C -- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11C-5 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 11C-6 Ordinance No. NS-xxxx Page 4 of 4