HomeMy WebLinkAboutNS-2948 - Approving Amendment Application No. 2018-02 Rezoning Nineteen (19) Properties Located on Berkeley Street, Occidental Street, and St. Andrew Place...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
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 -2948
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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.
2018-037(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.
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,
Ordinance No. NS -2948
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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 5th day of June, 2018
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: LrJ
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES:
ABSTAIN
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Councilmembers
Councilmembers
Councilmembers
el A. �ulido
Benavides, Pulido, Solorio, Villegas (4)
Martinez, Tina 0ero (2)
Sarmiento (1)
None (0)
Ordinance No. NS -2948
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2948 to be the original ordinance adopted by the City Council of the
City of Santa Ana on June 5, 2018, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: O i -0• f4
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2948
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