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Home My WebLink About11A - ORD MAINPLACE PLANREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2019 TITLE: ORDINANCE SECOND READING: APPROVING AMENDMENT APPLICATION NO.2018-04 TO ESTABLISH THE MAINPLACE SPECIFIC PLAN (STRATEGIC PLAN NO. 5,1) T CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ ordinance on 1 81 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On June 4, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-2 (Sarmiento and Solorio dissented): ORDINANCE NO. NS-2966 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET In summary, the Ordinance (Exhibit 1) changes the zoning designation of the MainPlace Mall site at 2800 North Main Street from General Commercial to Specific Plan No. 4, facilitating the development of up to 1,900 residential units, 750,000 square feet of office space, approximately 1.4 million square feet of commercial space, and 400 hotel rooms. In tandem with this application, MainPlace Shoppingtown, LLC has requested approval of a development agreement (DA) with the City of Santa Ana. In addition to approving the ordinance at first reading, the City Council approved conforming edits to the conditions of approval for the project's tentative parcel map (TPM No. 2018-02) for consistency with the DA. 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). 11 A-1 Second Reading Ordinance: Amendment Application No. 2018-04 June 18, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS-2966 11 A-2 EXHIBIT 1 LS 6.4.19 CITY COUNCIL ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET WHEREAS, the City of Santa Ana ("City") is authorized pursuant to Government Code Sections 65450 through 65457 and the Santa Ana City Charter to adopt specific plans to implement its General Plan by acting as statements of planning policy that refine the general plan policies applicable to a defined area, by directly regulating land use, or by bringing together detailed policies and regulations into a focused development scheme; and WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer') proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ('Property') in the City, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4) approval of a Tentative Parcel Map (Tentative Parcel Map. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, the General Plan land use designation for the Property is District Center and zoning for the Property is General Commercial (C2); and WHEREAS, the proposed MainPlace Mall Specific Plan ("Specific Plan"), attached hereto and incorporated herein as Exhibit B, would regulate and guide land development, design, as well as plan administration and implementation for the Property and the MainPlace Project; and 55394.00053\32005777.1 11 A-3 WHEREAS, pursuant to SIB 18, which requires local governments to consult with California Native American Tribes before adopting or amending a specific plan, the City contacted the Native American Heritage Commission (NAHC) to request a list of tribes that should be consulted about the MainPlace Project, and NAHC provided a list of six tribes; and WHEREAS, on January 28, 2019, the City formally invited the six Native American Tribes identified by NAHC (Juaneno Band of Mission Indians Acjachemen Nation, Gabrielino-Tongva Tribe, Gabrielino Tongva Indians of California Tribal Council, Gabrielino/Tongva Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Gabrieleno Band of Mission Indians —Kizh Nation) to consult and none responded requesting consultation; and WHEREAS, the Specific Plan came before the Planning Commission for a duly noticed public hearing on May 13, 2019. At that hearing, the Planning Commission recommended that the City Council approve said Specific Plan; and WHEREAS, the Specific Plan came before the City Council for a duly noticed public hearing on June 4, 2019. WHEREAS, the City Council has determined that by adopting the Specific Plan, the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Development Agreement have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project ("1983 EIR'), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 55394.00053\32005777.1 11 A-4 A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There Is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (III) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or.more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. GENERAL PLAN CONSISTENCY. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Specific Plan is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses and development authorized by the Specific Plan, and the Specific Plan itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: 1. The existing General Plan land use designation for the Property is District Center —intended to serve as an anchor to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, 55344.00053132005777.1 11 A-5 and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. 2. The proposed project will support several goals and policies of the General Plan, including: a. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, Income levels, and age groups to foster an inclusive community. b. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. C. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. d. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. e. LU Policy 1.2: Maintain and foster a variety of residential land uses in the City. f. LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. g. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. h. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. i. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available infrastructure capacity. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. k. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. 55394.00053k31005777.1 11 A-6 LID Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. C. The proposed Specific Plan will not adversely affect the public health, safety, and welfare in that the Specific Plan will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. SECTION 3. EFFECTIVENESS. The Specific Plan shall not be effective unless and until the following is adopted and become effective: Resolution No. 2019-xx (2019 Addendum). If the approvals and the Specific Plan 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 the Specific Plan shall be null and void and have no further force and effect. SECTION 4. INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (Including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. SECTION 5. CITY COUNCIL ACTION. The City Council hereby approves the MainPlace Mall Specific Plan, attached hereto and incorporated herein as Exhibit B, and which shall not take effect unless and until the 2019 Addendum is certified by the City Council. SECTION 6. PUBLICATION. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner 55394.00053 V 2005777.1 11 A-7 prescribed by law. ADOPTED this 4�h day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: r /? Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 55394.00053\32005777.1 11 A-8 PROJECT SITE 55394.01)051U2005777.1 11 A-9 ti a 0 0 0 0 m apt y r _I� t ItT,. r G/ L a C rl � S' a U v Q NO TH v? N N oo GVOH AHINnoD oNV NMOI w Manli� � w � y li 3AIN03DVldNIVN 3NVIAHON3N LL 11A-10 _.._.._.._.._. i i TOM AND COUNTRY RD q SPI.XUII j I RI ¢c f Rt 5au F RI M 0.1 aces � o .. x.M • 2 Sill RI O RI l O b uvUu �r'f RI IRuolNrcf W —Jl � I 1� M - w..xr,R • s Axo 0 RI o 0 —_ qWf M.f 1• RI CLNDII of R2 R2 RE 7C)N1KI 3 r'jIRTP]rTS R1 tl. Rf C, x ,} L o, •R1 YWx.vfn.v Mill f1 tL a R I 5 S 6.rn RS In In N v ~�. Al YRR4Y C, „ uv wmAl _ RI .RI -: RIRf,RpTr9r 8 '' = 2 EcnwfxoR.i R, O uRR Rt# C, io"A j �• R �Cxefn„ � R1 I5 Y,clNww Al I Rt tl•F� I YYi,CW,µ R1 AI GENERAL AGRICULTURAL CSM SOUTH MAN STREET COMMERCIAL DIST. R2 PAD-FAMLYRESDENCE -B PARKING MODIFICATION CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R7 MULTIP LE- FAMILY RESIDENCE -OZ OVERLAYZONE Cl MD COMMIUNRY COMMERCIAL MUSEUM DIST. MI LIGHT INDUSTRIAL RI SUBURBANAPARTMENT -PRO PLANNEDRESDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY NDUSTRIAL RE RESIDENTIAL ESTATE DEVELOPMENT GN PLANNED SHOPPING CENTER O OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEDHT DISTRICT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC -PLAN CR COMMERCIAL RESIDENTIAL RI SINGLE- FAMILY RESIDENCE OZI METRO EASTOVERLAY ZONE SECTIONAL DISTRICT MAP: 31-4-9WA e CITY OF SANTA ANA. CALIFORNIA Exhibit. 11A-11 EXHIBIT B MAINPLACE MALL SPECIFIC PLAN The MainPlace Mall Transformation Project Specific Plan (SP-4) is available online at: htti)s://www santa-ana org/pb/planning-division/major-planning-proiects-and- docu m ents/m ain-Dlace-ma II-tra nsform ation-proi ect Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 55394.1MN153'32005777. I 11A-12