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HomeMy WebLinkAboutNS-2968 - Approving Amendment Application No. 2019-01 Rezoning the Property Located at 651 West Sunflower Avenue from Single-Family Residential (R-1) to Specific Development No. 94 (SD-94)...6.4.19 LS ORDINANCE NO. NS-2968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-01 REZONING THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) (AA NO. 2019-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 94 (SD-94) FOR SAID PROPERTY 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. Amendment Application No. 2019-01 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94) zoning designation described in Exhibit A. General Plan Amendment No. 2019-01 was filed concurrently with the Amendment Application for consistency with the General Plan. B. The zoning designation of the Specific Development No. 94 (SD-94) would facilitate the development of a 226-unit multiple -family residential community with private community space and supportive service offices and bring the rezoned property into consistency with the General Plan land use designation of Urban Neighborhood (UN). C. On April 22, 2019, the Planning Commission held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019. D. On May 13, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-01 which is consistent with the General Plan, as amended by General Plan Amendment No. 2019-01. E. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on June 4, 2019. Ordinance No. NS-2968 Page 1 of 11 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 4, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019-01 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 district 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 of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94), (AA No. 2019-01). Amended Sectional District Map number 36-5-10 showing the above described change in use district designation, is hereby attached hereto as Exhibit B and incorporated 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 June 4, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MIND), Environmental Review No. 2018-75 and Mitigation Monitoring and Reporting Program, 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, Environmental Review No. 2018- 75 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2019-047 and Resolution No. 2019-048 (Environmental Review No. 2018-75 and General Plan Amendment No. 2019-01) and Ordinance No. NS-2968 (Amendment Application No. 2019-01) are adopted and become effective. If either resolution and/or 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 5. If any section, subsection, sentence, 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 the 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, phrases or portions be declared invalid or unconstitutional. Section 6. The Applicant 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, Ordinance No. NS-2968 Page 2 of 11 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 Applicant 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 Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this 18th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney . Lor isa Storck Assistant City Attorney AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers None (0) Ordinance No. NS-2968 Page 3 of 11 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-2968 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 18, 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: • Norma Mitre Acting Clerk of the Council City of Santa Ana Ordinance No. NS-2968 Page 4 of 11 SPECIFIC DEVELOPMENT PLAN NO. 94 Legacy Partners 651 Sunflower Apartments (1rgacylunflower") SECTION 1- Aep .l A NLIY OF QRDINANCE The Specific Development zentng district. No, 94 (SD-94) for Use Legacy Partners 651 Sunflower }apartments project is autbortzed by Chapter 41, Division 26Section. 41.593 et seq, of the Santa Ana Municipal Code. SD No. 94 contains the specific standards and regulations contained in the residential district„ as herein amended, for the purpose of establishing laud use regulations and standards, All other apptcoblo chapter, articles, and sections of the Santa Ana Mwalcipal Code are ia3. eftectunless expressly superseded by regulations contained in this ordinance. SECTION' 2- l'_llRP SR The Specific Development Plan No, 94 for the Legacy Partners 01 Sunflower Apartments project consists or standards and regulations established for the purpose of protecting the health, safety„ and general welfare of the People of Santa. Arai by proirmtletg and enhancing the value of property and encouraging the orxlerly„ development of'property.. The Legacy partners 651 Sunflower Apartments project Specific Plan Development Plan No. 94 (0-94) sets forth the deveioprneat and design criteria for a: development consisting of approximately 159 acres. The purpose of this specific development plan is to permit flexibility In sites. planning and design to respond to market conditions while assuring high quality development: SD No. 94 specifically establishes fbT the property the 611110avlag; Permitted llsis Development Standards, including building heights limits, requiredd setbacks, parldaag requirements, landscaping provisions and enforcement policies, « Publicly accessible plaza requirements + Maximum development intensity objectives The objectives or the Legacy Partners 651 Sunflower project specific development plan include provision of the following; 1. Development of a mule€ -family residential project in an area that, has a significant amount of office, commercial and retail uses within ciom proximity to the site via die Bristol and Main Street arterials. 2. promotton of the City"S image as providing high quality residential prof is for individuals and families in all income groups,. 1 A clean and safe environment far the City''s reslderak workers and visitors. ExbibltA Patio, 1 ofb Ordinance No. NS-2968 Page 5 of 11 Specific Development No. 94 i.eg'a cy Sunflower 4. A vlsu;mlly harmonious development as+.clewed', both Internally anti externally, S. Elexibility In development In response to market conditions while achieving overall City and community goals. SECTION pP*itllttsdin PWJ1lcDevelonmantPlanNo, 94 The following uses are permitted In SD-% district - (a) One (1) Multiple -family development containing ten .mare than 226 residential units, inclusive ofany onsitemanaprunit(r) (la) Resident -serving, private amenities (e.g, Ieadng office, club room, fitness center. etcj SECTION 4-Iisessnirlecttoa.�tt__ ua1 rv� mi InSpecifiir DeK&Rmn1LNDU Not applicable SCCTION 5 Taxi_m uds€ iaerrgs@ttgcl�y�nr aid ratios �rllt f. The maximum authurlred building intensity for the Legacy partners 651 Sunflower Aparimont% project is a floor area ratio (pAR), of 1,81, including residential areas, community serving areas (e,:g. leasing office, fitness center, club room, rooftop patios) and In torior corridors exchtsiveofthe parking structure. SEC110N 6 - Minis vim Int area IDfic 0eM1opltydtst No 94 The developable lnt forthe project shall have a umissl inum lot area of 3,00 net acres. SECTICIN 7 - t,4inlmn€re sirs�tffm+¢IL�g�jlL�l�l,�,l]+9tPdltipment No.94 The minimum, street frontage on Sunfiowt-r Avenue shall be 550 Net. SECTION 8 • Specifle Davelnf��u�, No structure shall exceed 75 feet In height, as measured from the lowest adjacent grade of a structure to the top of:a str udua'e. SECTION 9 - DevelopmtttCtatmd� in ;i Ifle_ 11�x+nLponent Nea. 9-11 The'Wgacy Sunflower development shall be Guilt as sbowes tot the approved project playas as per Development Project No. 2018-19. The plans shall govern in the event there is a coutfIet between the SD with the project plans, In addition, the fallowing standards Fire applicable to the projects Gxhlb It A Page 2 of 6 Ordinance No. NS-2968 Page 6 of 11 Specific Development No. 94 Legacy Sunflower (a) WhIrlm (1) A minimum setback of nine (9) feot shall be provided between the property line and buildings on Sunflower Avenue (2) A iniulmmm. setback of forty-three (43) feet shaaU be provided between. the Interior silo property lines and buildings (3) A minimum setback, of thirty-five (35) feet shall be provided between the rear property Rae and bu Udings (b)Eirkin The minimum off-street parking requirements for the project are as follows- Two (2) stalls per dwelling unit, Inclusive of guest parking, (1) A parking management plan must be submitted to the City for review Prior to permit issuance for any abova-ground structures, The parking umnagemtent Irian. must be approved prior to issuance of the profect"a certificate of occupancy. The parking management plan must detail how residential parking will be assigned, detail operations of any proposed onsite valet services, and contain best management practices to address any realfocatioms of omsite parking that may be required. (c) padevtrlen iM wlkw } zanrl_47u„ S;uaaca. The project will peovide a min mromma of 200 square feet per unit of private ('per unit) open apace and common - private open space on the development site.. (d)wdwleEMr; (1) A solid block wall with a minimum height of seven (7) feet shall be constructed .along the eastern interior property titre adjacent to residential developments., The block: wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative iinish in accordance to the design provisions contained within the most recent version of the City's design guidelines, (2) A wrought Iran or sindlar fence shall be constructed along the northern property line with nucexsary vehicular access points for elementary school drop-Off� (3) A wrought iron or similar fence shall be constructed: along a portion of the western property lime adjacent to the storm dralm channel, (h) Additional glass enclosures may be added to ground level patios along (1) Sunflower to mitigate sound and/or provide security and privacy, The maximum height of said patio walls, Inclusive of opaque and transparent elements, is five (5) feet In beight. (e) l.w dscasain . Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to Issuance of a building permit and Exhibit A Purge 3 of 6 Ordinance No. NS-2968 Page 7 of 11 Specific Development Na. 94 Legacy Sunflower Installed as required in the approved plans. Final landscape plan design shall conform to the standards an(] guidelines contained within the most recent version of the CiVs design guidelines, The landscape plan shall Include 31713MMMataly IS percent open, space (courtyards, common area amenities, perimeter plaza and open space) vrlthln the project site including the club room, courlyards, rooftop decks.) The landscape plan shall contain planting details, Irrigation plains, and habrdscapa, furniture, and lighting details. (f) IC9irs' Cll 'tnatbh aFaatmreC (f) _- t i u • Exterior materials and finishes for the project shall comply* with the approved materials board submitted for the project during Building Division plan cherk• All trash enclosures and similar ancillary structures shall match the Texture, material and solar of the building. (2) rfi=r wane lnaterialR. Enhance paving ruateriils shall be Installed at the prefect main entrance and, drivovoay entrances, The actual pnvingg materials shall be approved by the Planning Division, (3)Wltine staniii rde#fI ttucea. The light fixtures are to inWgrate design elements of the building; and landscape architecture, Lighting is to be designed to confine the direct rays of the artificial, lighting %ithin the boundaries orthe doveloprient,Specifleations of ilghtstandards/fixtures and photometrics plan shall be submitted to Planning Division for approval, (g)litan•attilnnne.drysesaiaead°cnajnitc. Alt mechanical equipment and all suppordrig appurtenances and conduits shall be screened from view inside walls, behind parapets, or through a combination o f landscape and hardscape materials. 01) RuWLcArt Public art shall be. provided on the development site at a value of one-half percent- (QZ%) of the building's valuation„ inclusive of the msidenttA and parking structure components, dt public art platy shall, be submitted to thr, City of Santa. Ana Planning Division for review and approval ,prior to permit Issuance for any above -ground cuuuti,action on the projectsite. (t) Mag"{gtenancee greenignt Prier to the issuance of a balding permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to t vlew and applicability by the Planning; and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained„ Developer (acid the owner of the property upon which, the authorized use and/or authorized improvements are located If different from Exhibit A Page 4 of 6 Ordinance No. NS-2968 Page 8 of 11 Specific Pevelupment No. 94 l egacySt nflovver the Applicant) shall exccuto a maintenance agreement, with the City of Santa Ana which :shall be recorded against the property and which shall be in a farm reasonably sntisfactary to the City Attorney, The maintenancr., agrectrrent shall contain covenants, conditions and restrictions relating to the. fnlhawiug: (a) Compliance with operational conditions applicable during any perlod(s), of construction or major repair (eg, proper screening and securing of the construction site; Implementation of, proper eroslan control, dust control and. noise mitigation measure, adherence to approved project phasing etc,); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security recputrements, the proper storage and disposal of trash and debris„ enforcement of the parking management plain, and/or restrictions on certain uses,. (c) Ongoing compliance with approved design, and construction parameters, signage parameters and restrictions as wall as landscapa designns, as applicable, (d) Ongoing maintenance, repair and upkeep of the property and all Improveakents located thereupon (including but not limited to controls on the proliferation of trash and debris about the property, the proper and timely removal of graffld,, the tirnely maintenance, repair .and upkeep of damAged, vandalized and/or weathered buildings, strUCtUre 5 and/or Improvements; the timely maintenance, repair and, upkeep of exterior paint parking striping, lighting and irrigAtlon fixtures, walls and fencing, publicly accessible bathrooms and hathrown fixtures, landscaping and related landscape improvements and the ltke„ as applicable); (a) if Developer and the owner of the property are difpdrent (a.g,„ if the Applicant Is a, tenant or licensee of the property or any pvrtion thereof), both 'the Appliearrt and the owner of the property shall be signatories to the maintenance agreetaent and both shall be jointly and severally liable for compliance with Its tertian. (t) The maintenance agrucrua at shall further provide that arty party responsible for complying with Its terms shall not assign its ownership interest in the property or any interest In any lease, sublease, license or sublicense, unless the prospective assignee agrees in Writing; to as5u,tne all of the duties anti obligations and responsibilities set forth, under the maintenance afreemont, (g) The -maintenance agreement shall contain provisions relating to the enforcementof its rnrnditlotts by the Cify and shall also contain, provisions �chlhitA Page 5 Qf`6 Ordinance No. NS-2968 Page 9 of 11 Specific Nveiopmeat No.,94 Legacy Sunflower authorizing the City to recover costs and expeasus which the Cite may Incur arlsIng out of any onfomement and/or remadiatlon efforts which the City may undertake In order to sure any deficiency In mifiabmnance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further pmvlde that any aanruhnbursed costs and/or expenses Incurred by the City to cure a deflctency'In maintenance or to enforce use restrictions shall become a lien upon the property in an amount equVa ent to the actual costs anti/or expanse Incurred, by the City, (h) The execration .anal recordation of the maintenance agreement shut he as condition ,precedent to the issnaaice of final approval fear any construction permit related to tills endtlemelm SxhihitA Page 6 of 6 Ordinance No. NS-2968 Page 10 of 11 Exhibit B ,F 2i�s-Yx e a " s r ZONING DISTRICTS At GFNCINL AGRICG Tt L TNQfAALYPF$GFfGE -5 PAq WW"MN Cf WLIAIAYTY WSYAFfi4bLL Ct WYERHYDte4FM61 W M TVLEFE YWCB'.CE .G3 GYEPIAY2 cm Ct WNAWIYLOMNFRUWL'MG5CWMT GHIERAt WMERGNf Mt fk- 4GHT!$)L MAL MEAVYNGLIS�IINL N RS SNBUR NAP AR; ' PE^AHl}14 EfiATE PRD P;MpFOgESMENiYJ. GEVELO kel G P(ANNWO 40PP4MIFA 0 OPENVACQ w 6PKiL CEYFIOPMBIb .M02 HFnW MTRMI u ARlEIWL WMMDii]AL P PRO 50W 31. SP C%AN RI WMMEAF'Ns. gESD@ilMA ql ;ry f4AMLVRESDFNCE 1 1 SECTIONAL DISTRICT MAP. 36-5-10 e CRT of SANTA AN& CALJMRNIA Ordinance No. NS-2968 Page 11 of 11