HomeMy WebLinkAboutNS-2999 - Approving Amendment Application No. 2020-04 Modifying The Sub-Zoning Designation of Various PropertiesLS 10.12.20
ORDINANCE NO. NS-2999
AN ORDINANCE OF THE CITY COUNCIL APPROVING
AMENDMENT APPLICATION NO. 2020-04 MODIFYING
THE SUB -ZONING DESIGNATION OF THE PROPERTIES
LOCATED AT 501, 507, 509, 515, AND 519 EAST FOURTH
STREET AND THOSE AT 502, 506, 510, 514, 520 EAST
FIFTH STREET FROM SPECIFIC DEVELOPMENT NO. 84,
URBAN NEIGHBORHOOD 2 (UN-2) SUB -ZONE, TO THE
URBAN CENTER (UC) SUB -ZONE
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:
WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana
Municipal Code establishes the necessity of segregating the location of residences,
businesses, trades and industries; regulating the use of buildings, structures, and land
regulation; the location, height, bulk and size of buildings and structures, the size of
yards and open space; the City is divided into land -use districts of such number, shape
and area as may be considered best suited to carry out these regulations and provide
for their enforcement; and
WHEREAS, the regulations are considered necessary in order to: encourage
the most appropriate use of land, conserve and stabilize property value, provide
adequate open spaces for light and air and to prevent and fight fires, prevent undue
concentration of population, lessen congestion on streets and highways, and promote
the health, safety and general welfare of the people, all as part of the general plan of
the City; and
WHEREAS, the City of Santa Ana has adopted a zoning map which has since
been amended from time to time; and
WHEREAS, Andrew Nelson, with Red Oak Investments, LLC, representing
Northgate Gonzalez Real Estate (hereinafter referred to as "Applicant"), seeks to
develop the 41h and Mortimer Mixed -use Development Project ("proposed Project"), on a
1.423-acre site at 409 East Fourth Street and a 1.292-acre site at 501, 507, 509, 515,
and 519 East Fourth Street and 502, 506, 510, 514, 520 East Fifth Street (collectively
referred to as "509 East Fourth Street") in Santa Ana, California ("Project Site"); and
WHEREAS, during the City's entitlement and environmental review process, and
in response to comments and concerns raised by the City and public, the Applicant has
proposed the subject mixed -use Project; and
Ordinance No. NS-2999
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WHEREAS, the entire Project as currently proposed entails, among other things,
(1) demolition of an existing commercial grocery market, surface parking lot, an existing
commercial auto building, and ancillary structures on the Project Site; (2)
redevelopment of the Project Site with a residential and commercial mixed -use
development consisting mixed -use residential and commercial development consisting
of two separate buildings located on two development sites at 409 (Site A) and 609
(Site B) East Fourth Street, with up to 169 residential rental units, 11,361 square feet of
commercial space, 422 on -site parking spaces, and onsite landscaping and amenities;
(3) approval of Site Plan Review No. 2020-03 to allow the construction of two structures
over four stories in height; (4) approval of Variance No. 2020-06 to allow an increase in
the allowable building size and massing for Site B; and (5) approval of Amendment
Application (AA) No. 2020-04, which would change the zoning of Site B from Specific
Development No. 84, Urban Neighborhood 2 (UN-2) sub -zone, to the Urban Center
(UC) sub -zone; and
WHEREAS, the requested Amendment Application would modify the zoning
designation of Site B from Specific Development No. 84, Urban Neighborhood 2 (UN-2)
sub -zone, to Specific Development No. 84, Urban Center (UC) to facilitate the
construction of the proposed Project; and
WHEREAS, in accordance with the California Environmental Quality Act
(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 Environmental Impact Report (EIR) for the Transit Zoning Code Project
(SCH NO. 2006071100) and the 2020 4th and Mortimer Mixed -Use Development EIR
Addendum, the City Council finds that an addendum is the appropriate document for
disclosing the changes to the subject properties, 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:
A. The project does not constitute a substantial change that would require
major revisions of the 2010 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 project will be developed that would require major revisions of the
2010 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 2010 EIR was certified or adopted, showing any of
the following: (i) that the modifications would have one or more significant
Ordinance No. NS-2999
Page 2 of 9
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.
WHEREAS, the 2020 4th and Mortimer Mixed -Use Development EIR
Addendum analyzed the impacts related to the proposed amendment to the zoning
map and Specific Development No. 84; and
WHEREAS, on October 12, 2020, the Planning Commission conducted a duly
noticed public hearing to consider the 2020 4th and Mortimer Mixed -Use Development
EIR Addendum, Site Plan Review No. 2020-03, Variance No. 2020-06, and Amendment
Application No. 2020-04 described above. After hearing all relevant testimony from
staff, the public and the City's consultant team, the Planning Commission voted to
recommend that the City Council adopt a resolution approving an Addendum to the EIR
for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a
mitigation monitoring and reporting program for Amendment Application No. 2020-04,
and to adopt an ordinance approving Amendment Application No. 2020-04 for Specific
Development No. 84 (SD84).
WHEREAS, on December 1, 2020, the City Council conducted a duly noticed
public hearing to consider the 2020 4th and Mortimer Mixed -Use Development EIR
Addendum and Amendment Application No. 2020-04 and at which hearing members of
the public were afforded an opportunity to comment upon the Project. After hearing all
relevant testimony from staff, the public and the City's consultant team, the City Council
voted to adopt a resolution approving an Addendum to the Environmental Impact Report
for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a
mitigation monitoring and reporting program for Amendment Application No. 2020-04,
and to adopt an ordinance approving Amendment Application No. 2020-04 for Specific
Development No. 84 (SD84).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council
has reviewed and approved an Addendum to the Environmental Impact Report for the
Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a mitigation
monitoring and reporting program for Amendment Application No. 2020-04.
Section 3. AMENDMENT APPLICATION: The Amendment Application
consists of amendments to the zoning map changing the zoning of Site B from
Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub -zone, to the Urban
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Center (UC) sub -zone, as shown in Exhibit A and Exhibit B respectively, attached
hereto and incorporated herein by reference.
Section 4. LOCATION OF DOCUMENTS: The Amendment Application,
Addendum to the Environmental Impact Report for the Transit Zoning Code Project
(SCH NO. 2006071100) and all supporting documents are online, on file and
available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana,
California 92702.
Section 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds
that the proposed Amendment Application is compatible with the objectives, policies,
and general plan land use programs in that:
A. The proposed Amendment Application will not adversely affect the public
health, safety, and welfare in that the Amendment Application will not result
in incompatible land uses on adjacent properties, inconsistencies with any
General Plan goals or policies, or adverse impacts to the environment.
B. The amendment application to change the zoning designation of Site B from
Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub -zone, to
the Urban Center (UC) sub -zone is consistent with Santa Ana Municipal
Code section 41-593.1 for the following reasons:
(1) Protecting and enhancing the value of properties by encouraging the
use of good design principles and concepts, as related to the division of
property, site planning and individual improvements with full recognition
of the significance and effect they have on the proper planning and
development of adjacent and nearby properties.
The project's site plan has been designed to integrate the project
site into the surrounding community. Both parking garages will
provide vehicular gates separating available commercial parking
spaces (e.g., guest, commercial, employee, etc.) from the
residential parking areas. Vehicular access will be provided from
Fifth Street by one right -turn only driveway west of Mortimer Street
and one full access driveway east of Mortimer Street. The on -site
circulation would provide safe access for vehicle -pedestrian traffic
and the driveway would provide sufficient throating such that
access to parking spaces is not impacted by internal vehicle
queuing/stacking. Pedestrian access points would be provided by
residential lobbies access along French and Mortimer Street. These
access points have been designed to ensure the safety of residents
and visitors of the project site, as well as commuters, employees,
and residents of the surrounding community.
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(2) Encouraging, securing and maintaining the orderly and harmonious
appearance, attractiveness and aesthetic development of structures
and grounds in order that the most appropriate use and value thereof
be determined and protected.
Both sites in the development have been carefully designed to be
integrated within the existing development pattern in Downtown
Santa Ana. Each site has its own unique architectural vernacular
defined by scale, facade articulation, roof forms, materials, and
detailing. Both of these blocks are designed in closely related
and established California Contemporary architectural style,
which complements the neighborhood in which the development
is located.
The overall development will feature amenities commonly found
at other upscale mixed -use developments in the region. These
include a large courtyard with pool, spa, clubroom, fitness room,
and landscaping in the center of Site A; a roof terrace on the 7th
floor of Site A, overlooking Fourth and French streets; a leasing
office and lounge in Site A; a bike locker in Site A; and a ground -
floor lobby and resident amenity area in Site B. In addition, the
project features private open space/decks for 59 units on Site A
and 48 on Site B. The two -block project will be built and is
conditioned to be managed as a single community and all
amenities will be accessible to residents from either site.
(3) Providing a method whereby specific development plans are to be
based on the general plan as well as other regulations, programs, and
legislation as may, in the judgment of the city, be required for the
systematic execution of the general plan.
The project site has a General Plan designation of District Center
on Site A and Urban Neighborhood on Site B. The District
Center -Downtown District and Urban Neighborhood land use
designation accommodates high-rise office, commercial, and
mixed -use residential uses with an emphasis on streets that
accommodate all modes of transportation for this land use
designation. The allowable floor area ratio (FAR) for District
Center and Urban Neighborhood land use designation would be
a maximum of 3.0 and 1.80, respectively. The proposed project
would include construction of two new buildings, one of which
would be seven stories in height with an FAR of 2.4 (Site A) and
one that would be five stories in height with an FAR of 1.8 (Site
B), consistent with the allowable FAR as part of the General
Plan.
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Furthermore, the project is consistent with several goals and
policies of the General Plan, including the Economic
Development Element and Land Use Element. Land Use
Element Goal 1 promotes a balance of land uses to address
basic community needs. Policy 1.1 promotes medium density
housing in and around the downtown area and Policy 1.2
supports high density residential development within the City's
District Centers as a part of a mixed use development. The
project will involve construction of a mixed -use residential and
commercial building on Site A with a density of 69.6 du/ac, and a
multi -family residential building on Site B with a density of 54.2
du/ac, on two adjacent city blocks in downtown, within the Transit
Zoning Code area. Therefore, the Project will be consistent with
the General Plan Land Use Element.
4) Recognizing the interdependence of land values and aesthetics and
providing a method to implement this interdependence in order to
maintain the values of surrounding properties and improvements and
encouraging excellence of property development, compatible with the
general plan for, and character of, the city, with due regard for the
public and private interests involved.
The project is consistent with the Land Use Element Goal 2
which promotes land uses that enhance the City's economic and
fiscal viability. Policy 2.7 support projects that contribute to the
redevelopment and revitalization of the central City urban areas.
The development proposes to redevelop to City blocks currently
occupied by a commercial building, surface parking lot, and
vacant and unimproved buildings and parcels. Policy 2.10
supports new development that is harmonious in scale and
character with existing development in the area. Both sites in the
development have been carefully designed to be integrated
within the existing development pattern in Downtown Santa Ana.
The mixture of land uses on the project site, including residential,
commercial, and open space, will contribute to the formation a
dynamic downtown core. The commercial and open space
components will serve both residents and visitors of the project
site, as well as the large daytime employee population working in
the project site's immediate vicinity.
(5) Ensuring that the public benefits derived from expenditures of public
funds for improvements and beautification of streets and public facilities
shall be protected by exercise of reasonable controls over the character
and design of private buildings, structures and open spaces.
Ordinance No. NS-2999
Page 6 of 9
The project is consistent with Economic Development Element
Goal 2 maintains and enhances the diversity of the City's
economic base. Policy 2.3 encourages the development of
mutually beneficial and supportive business clusters within the
community. The construction of this project will contribute toward
an economically balanced community by providing housing and
commercial retail opportunities (e.g., restaurant, retail sales, etc.)
for different demographics in an area rich with employment
opportunities, commercial development, and market -rate
housing. In addition, a fiscal and economic impact analysis
estimates that the proposed development will result net positive
fiscal impacts to the City, the Business Improvement District, and
over 800 new temporary or permanent jobs. Specifically, the
analysis estimates $5.4 million net new General Fund revenues
associated with the project over a 25-year period. The mixed -use
development will utilize existing water, sewer, and drainage
infrastructure and will not result in the expansion of infrastructure.
In addition, the Project will not result in the need for expansion of
new or altered police or fire facilities.
Section 6. INDEMNIFICATION.
A. General Indemnification. 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, 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.
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Page 7 of 9
B. Further Indemnification. Within five (5) days of receipt of a referendum
petition by the City, Applicant shall deposit Fifty Thousand Dollars
($50,000) ("Referendum Deposit") with the City. City may use the funds to
pay any and all costs associated with said referendum measure. If at any
time the Referendum Deposit account has Five Thousand Dollars ($5,000)
or less remaining, Applicant shall, within three (3) days of receiving notice
from the City, deposit with the City additional funds as requested by the
City to cover all costs and expenses associated with processing the
referendum and holding the related election. Following certification of the
election results, any funds remaining in the Referendum Deposit account
shall be returned to the Applicant.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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, phrases, or portions be declared invalid or
unconstitutional.
Section 8. CITY COUNCIL ACTIONS: The City Council hereby takes the
following actions:
1. The City Council hereby adopts an Ordinance approving Amendment Application
No. 2020-04 as follows:
A. Subject to compliance with the approved Addendum to the Environmental
Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100)
and adopted mitigation monitoring and reporting program for Amendment
Application No. 2020-04, the properties at 501, 507, 509, 515, and 519 East
Fourth Street and 502, 506, 510, 514, 520 East Fifth Street shall be
amended to Specific Development No. 84 Urban Center (UC) sub -zone as
set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein
by reference.
B. The Amendment Application shall not take effect unless and until the
Planning Commission reviews and approved the EIR Addendum,
Environmental Review No. 2018-113, Variance No. 2020-06 and Site Plan
Review No. 2020-03, and the City Council reviews and approves the EIR
Addendum, Environmental Review No. 2018-113 for the subject project.
Section 9. EXECUTION OF ORDINANCE. The Mayor shall sign this
Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof.
ADOPTED this 15th day of December. 2020.
Ordinance No. NS-2999
Page 8 of 9
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By, '�'/ -_ ('-
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Miguel A. Pulido
Mayor
Bacerra, Mendoza, Penaloza Phan (4)
Hernandez, Lopez (2)
Sarmiento (1)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-2999 to be the original ordinance adopted by the City Council of the
City of Santa Ana on December 15, 2020, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
I -Q (/!
Daisy Gomez %
Clerk of the Council l
City of Santa Ana
Ordinance No. NS-2999
Page 9 of 9
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