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HomeMy WebLinkAbout2 - 1202 W Edinger Avenue_ Mater Dei2- 1 2- 2 2- 3 2- 4 2- 5 2- 6 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: 1.Section 7 of the Second Amendment is hereby deleted and amended to read as follows: 7.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 2- 7 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: CITY OF SANTA ANA ________________________ _________________________ MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager APPROVED AS TO FORM: DEVELOPER: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK Name: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL: _________________________ CANDIDA NEAL, Acting Director Planning and Building Agency 2- 8 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 (O) 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 2- 9 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. 2- 10 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 _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 2- 11 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 2- 12 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 2- 13 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. 2- 14 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 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:________________________ 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 2- 15 This page left blank intentionally. 2- 16 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 2- 17 2- 18 2- 19 2- 20 2- 21 This page left blank intentionally. 2- 22 !"^$ ?sE BEA R S T MA I N S T DYER R D 1ST ST SU S A N S T 1ST ST ALTON A V E GR A N D A V E EU C L I D S T FLO W E R S T EU C L I D S T WAR N E R A V E WAR NER AVE TUS T I N A V E HAZ AR D AVE BR I S T O L S T HAR B O R B L V D FAIR V I E W S T LA VETA AVE HAR B O R B L V D HAR B O R B L V D EDINGER AVE EDINGER AVE HAR B O R B L V D FAIR V I E W S T R E D H I L L A V E GAR DEN GR OVE BLVD SANTA ANA FR W Y COSTA ME S A F R W Y CO S T A M E S A F R W Y COSTA ME S A F R W Y GAR DEN GR OVE FR WY GAR DEN GR OVE FR WY 4TH ST NEW H O P E S T NEW H O P E S T McFADDEN AVE SUNFLOWER AVE GR E E N V I L L E S T SUNFLOWER A V E MAC A R T H U R B L V D SEGER STR OM AVE MACAR THUR BLVD 17TH ST SANTA CLAR A AVE McFADDEN AVE 17TH STWESTMINSTER AVE SAN T A A N A R I V E R S A N T A A N A F R E E W A Y SANTA AN A F R E E W A Y SAN T A A N A R I V E R 1 23 54 8 109 7 11 6 14 12 1615 22 21 20 19 18 17 23 13 13 24 25 26 26 27 I La nd Use Ele m e nt La nd Use Pla n &De ve lopm e ntInte nsity Sta nda rds/FAR Are a s Exhibit A-4 The se la nd use de sig na tions ha ve a floor a re a ra tio a s note d be low unle ss othe rwise indica te d in the ta ble be low. R e vise d - April 2017 UN (Urba n Ne ig hborhood) 0.5 - 1.5 GC (Ge ne ra l Com m e rcia l) 0.5 IND (Industria l) 0.45 INS (Institutiona l) 0.5 O (Ope n Spa ce ) 0.2 DC (District Ce nte r) 1.0 PAO (Profe ssiona l & Adm inistra tion Office ) 0.5 OBPDC (One Broa dwa y Pla za District Ctr.) 2.9 LR -7 (Low De nsity R e side ntia l) LMR -11 (Low-Me dium De nsity R e side ntia l) MR -15 (Me dium De nsity R e side ntia l) Proje ct / Are a Floor Are a R a tio 1- Ma inPla ce … … … … … … … … … … … … … … .… .... 2.1 2- City Pla ce … … … … … … … … … … … … … … … … ... 2.54 3- North Ma in St… … … … … … … … … … .… … … .… . 1.5 4- North Broa dwa y… … … … … … … … … … .… … … .. 1.0 5- Muse um District… … … … … … … … … … … .… … .. 1.5 6- Hutton De ve lopm e nt… … … … … … … … .… … … .. 1.0 7- Civic Ce nte r Spe cific De v Pla n… … .… … … … … . 1.0 8- Midtown Spe cific Pla n… … … … … .… … … … … … 0.5-1.0 9- Civic Ce nte r… … … .… … … … … … … … … … … … . 1.0 10- Downtown… … … … … … … .… … … … … … … … … 3.0 11- Ora ng e County R e g iste r… … … … .… … … … … … 1.15 12- Xe rox Ce nte r De v… … … … … … … … … … .… … … 3.29 13- First St / Tustin Ave … … … … … … … … .… … … … . 1.0 14- Be nta ll Ce nte r De v… … … … … … … … … .… … … . 1.5 15- 2720 Hote l Te rra ce Dr… … … … … … … … .… … … 1.0 16- 1951 E Ca rne g ie Ave … … … … … … … … … .… … . 0.55 17- 4040 W Ca rria g e Ave … … … … … … … .… … … … . 0.47 18- La ke Ce nte r De v… … … … … … … … … … … .… … . 0.72 19- South Coa st Me tro… … … … … … … … … … ...… … 1.0 20- Ma c Arthur Pla ce … … … … … … … … … .… … … … . 2.0 21- Ma c Arthur Pla ce South… … … … … … … … … … .. 1.0 22- Pa c Te l Office … … … … .… … … … .… … … … … … . 1.5 23- Me tro Ea st… … … … … … … … … … … … … … … … . 3.0 24- Tra nsit Villa g e … … … … … … … … … … … … … … . 5.0 25- Town a nd Country Ma nor… … … … … … … … … . 1.27 26- Ha rbor Mixe d Use Spe cific Pla n… … … … … … … 0.5-5.0 27- The He rita g e … … … … … … … … … … … … … … … .. 1.7 Pe nding 2- 23 !"^$ ?sE BE A R S T MA I N S T DY E R R D 1ST ST SU S A N S T 1ST ST ALT O N A V E GR A N D A V E EU C L I D S T FL O W E R S T EU C L I D S T WA R N E R A V E WARNER AVE TU S T I N A V E HAZARD AVE BR I S T O L S T HA R B O R B L V D FA I R V I E W S T LA VETA AVE HA R B O R B L V D HA R B O R B L V D EDINGER AVE EDINGER AVE HA R B O R B L V D FA I R V I E W S T RED H I L L A V E GARDEN GROVE BLVD SANT A A N A F R W Y COS T A M E S A F R W Y CO S T A M E S A F R W Y COS T A M E S A F R W Y GARDEN GROVE FRWY GARDEN GROVE FRWY 4TH ST NE W H O P E S T NE W H O P E S T McFADDEN AVE SUNFLOWER AVE GR E E N V I L L E S T SUNFLOWER AVE MA C A R T H U R B L V D SEGERSTROM AVE MACARTHUR BLVD 17TH ST SANTA CLARA AVE McFADDEN AVE 17TH STWESTMINSTER AVE SAN T A A N A R I V E R S A N T A A N A F R E E W A Y SAN T A A N A F R E E W A Y SAN T A A N A R I V E R I Land Use Element Land Use Plan Revised - April 2018 Land Use Designations LR-7 (Low Density Residential) LMR-11 (Low-Medium Density Residential) MR-15 (Medium Density Residential) UN (Urban Neighborhood) GC (General Commercial) IND (Industrial) INS (Institutional) DC (District Center) PAO (Professional & Administration Office) OBPDC (One Broadway Plaza District Ctr.) O (Open Space) Pending 2- 24 4/16/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 Addendum to DA No. 1999-1, AA No. 2018-2 and GPA No. 2018-2Mater Dei High School - 1202 W. Edinger Avenue Exhibit No. 4 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2- 25 EXHIBIT 5 2- 26