HomeMy WebLinkAboutNS-3068 - Zoning Amendment for South Coast Technology CenterORDINANCE NO. NS-3068
ZONING ORDINANCE AMENDMENT NO. 2024-01 —AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT
NO. 58 (SD-58) TO ESTABLISH PERMITTED AND
CONDITIONALLY PERMITTED LIGHT INDUSTRIAL
LAND USES, ESTABLISH DEVELOPMENT
STANDARDS FOR THE NEW PROPOSED USES, AND
TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING
TEXT EDITS AND UPDATES, TO FACILITATE THE
CONSTRUCTION OF A NEW INDUSTRIAL PARK
DEVELOPMENT NAMED THE SOUTH COAST
TECHNOLOGY CENTER LOCATED AT 3100, 3110,
3120, 3130, AND 3400 WEST LAKE CENTER DRIVE
(APNS: 414-272-09, 414-272-10, AND 414-261-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. C.J. Segerstrom and Sons ("Applicant" and "Property Owner"), is requesting
approval of Zoning Ordinance Amendment ("ZOA") No. 2024-01 amending
Specific Development No. 58 ("SD-58") in order to facilitate the construction of a
new industrial park development named the South Coast Technology Center
located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively
referred to as 3100 W. Lake Center Drive). The proposed amendments to SD-58
would establish permitted and conditionally permitted light industrial land uses, and
would include text amendments to various sections of SD-58, including
development standards for signage, height, perimeter fencing, off-street parking,
and landscaping, as well as project phasing, operational standards and
development standards for the new light industrial uses proposed.
B. On October 15, 1990, the City of Santa Ana City Council adopted Ordinance
No. NS-2089, approving General Plan Amendment No. 90-08, Amendment
Application No. 1043, and Development Agreement No. 1990-03, and certifying an
Environmental Impact Report. These approvals rezoned certain properties from
the Light Industrial (M-1) zoning district to Specific Development (SD), established
the SD-58 zoning district, and permitted the development of an office/industrial
park ("Lake Center Business Park").
C. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance
No. NS-2684, approving ZOA No. 2005-01), which amended SD-58 and modified
the standards to conditionally permit private recreational fields and trade schools,
Ordinance No. NS-3068
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within the boundaries of the Lake Center Business Park. At the same public
hearing, the City Council adopted Resolution No. 2005-046 approving various
entitlements to facilitate a trade school use and to allow a private recreational field
at 3100 W. MacArthur Boulevard.
D. The Lake Center Business Park was constructed in the mid- to late-1980s,
generally in compliance with the original development plans approved by
Ordinance No. NS-2089. However, the business park includes a vacant parcel,
approximately 5.58-acres in size, located at the southwest corner of Lake Center
Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square
feet of additional office construction, but which was never constructed.
E. Due to the surrounding area not materially upgrading to the original vision
of SD-58, the surrounding area remains largely industrial in nature, which has
made it challenging for the Property Owners to attract office tenants. Moreover,
following the COVID-19 (coronavirus disease 2019) pandemic, shifting market
trends have resulted in a decline in demand to lease traditional office spaces.
Therefore, the property owner seeks the redevelopment of 3100 W. Lake Center
Drive, which may include a variety of uses, such as corporate offices, Research
and Development (R&D), light manufacturing, and warehousing, among other
industrial uses.
F. The proposed amendments to the SD-58 support and are consistent with
multiple General Plan goals and policies relating to the elements of Land Use,
Urban Design, and Economic Prosperity. Attachment 1 to this Ordinance contains
a full list of all applicable General Plan goals and policies that support the project.
G. Pursuant to Santa Ana Municipal Code ("SAMC") Section 2-153, the
applicant has demonstrated compliance with all requirements of the Sunshine
Ordinance, including public notification and hosting of required community
meetings. Materials resulting from the meetings were subsequently posted to the
City's webpage for the project.
H. On July 8, 2024, the Planning Commission held a duly -noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Zoning Ordinance Amendment No. 2024-01.
I. On, August 6, 2024 the City Council held a duly -noticed public hearing to
consider this Ordinance, where all interested persons were given an opportunity
to be heard.
J. For the reasons contained herein, and each of them, Zoning Ordinance
Amendment No. 2024-01 is hereby found and determined to be consistent with the
intent and purpose of Chapter 41 of the SAMC; 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 recitals above are each incorporated by reference and adopted
as findings by the City Council.
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Section 3. The City Council finds and determines that pursuant to the California
Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from
further review per Section 15183 (Projects Consistent with a Community Plan, General
Plan, or Zoning) of the CEQA Guidelines. The environmental review that has been
prepared and peer reviewed by a qualified CEQA consultant hired by the City included in
the Planning Commission Staff Report for July 8, 2024, assesses the potential for the
proposed project to result in environmental effects and whether the proposed project
qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the
analysis evaluated whether the potential environmental impacts are addressed in the City
of Santa Ana General Plan Update Final Recirculated Program Environmental Impact
Report ("GPU EIR"). Specifically, the analysis evaluates demolition of the three existing
office buildings, a parking structure, and parking lots to construct three new Class A
industrial buildings for office, manufacturing, and/or warehouse use, ancillary
improvements including landscaping, parking, freestanding signage, site lighting, and
fencing as well as proposed off -site improvements including replacing asphalt, new grind
and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and
modifications to sidewalks as needed to ensure ADA compliance.
CEQA Guidelines Section 15183 allows a streamlined environmental review
process for projects that are consistent with the densities established by existing zoning,
community plan, or general plan policies for which an environmental impact report (EIR)
was certified and does not require additional environmental review, except as might be
necessary to examine whether there are project -specific significant effects which are
peculiar to the project or its site. Moreover, projects that are consistent with the densities
and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines
Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section
15183(d), the 15183 exemption applies to projects which meet the following conditions:
The project is consistent with:
A. A community plan adopted as part of a general plan,
B. A zoning action which zoned or designated the parcel on which the project
would be located to accommodate a particular density of development, or
C. A general plan of a local agency, and
2. An EIR was certified by the lead agency for the zoning action, the
community plan, or the general plan.
The GPU was adopted, and the GPU EIR certified, in April 2022 (State
Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any
decision by the City affecting land use and development must be consistent with the GPU.
The GPU EIR evaluates the potential environmental effects associated with
implementation of the GPU and addresses appropriate and feasible mitigation measures
that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the
CEQA Guidelines, a project is consistent with the GPU if the development density does
not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU
Ordinance No. NS-3068
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EIR and complies with the associated standards applicable to that development density.
Development density standards can include the number of dwelling units per acre, the
number of people in a given area, floor area ratio (FAR), and other measures of building
intensity, building height, size limitations, and use restrictions.
The prepared environmental review provides a limited examination of
environmental effects for the proposed project, evaluating whether there are impacts that
are peculiar to the project or the project site, impacts not analyzed as significant effects
in the GPU EIR, potentially significant off -site or cumulative impacts not evaluated in the
GPU EIR, or previously identified significant effects that are determined to have a more
severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed
impacts to aesthetics, agricultural and forestry resources, air quality, biological resources,
cultural resources, energy consumption, site geology and soils, greenhouse gas
emissions, hazards and hazardous materials, hydrology and water quality, land use and
planning, mineral resources, noise, population and housing, public services, recreation,
transportation, tribal cultural resources, utilities and service systems, and wildfire risk.
Additionally, the review outlines implementation of applicable regulatory requirements
and mitigation measures detailed in GPU EIR, related to the above -listed topics analyzed
in the environmental review.
The environmental review concluded that the proposed project is consistent with
buildout of the General Plan Update. Upon implementation of regulatory requirements
and mitigation measures contained in the GPU related to air quality, cultural resources,
geology and soils, and noise the proposed project would not have any specific effects,
which are peculiar to the project or the project site. Moreover, there are no project specific
impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not
analyze, and there are no new significant or substantially more severe impacts to
aesthetics, agricultural and forestry resources, air quality, biological resources, cultural
resources, energy consumption, site geology and soils, greenhouse gas emissions,
hazards and hazardous materials, hydrology and water quality, land use and planning,
mineral resources, noise, population and housing, public services, recreation,
transportation, tribal cultural resources, utilities and service systems, and wildfire risk,
than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption,
Environmental Review No. 2023-109 will be filed for this project.
Section 4. The Specific Development No. 58 (SD-58) is hereby amended to read
as follows:
SPECIFIC DEVELOPMENT PLAN NO. 58
Section 1 - Applicability of Ordinance
The specific development zoning district for the subject property, as authorized
by Chapter 41, Division 26 Section 41593 et seq., of the Santa Ana Municipal
Code (SAMC), is specifically subject to the standards and regulations
contained in this plan for the express purpose of establishing land use
regulations and standards. All other applicable chapters, articles, and sections
of the SAMC are in full effect unless expressly superseded by regulations
contained within this specific development.
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Section 2 — Purpose
The Specific Development Plan Number 58 (SD-58) consisting of standards
and regulations, is hereby established for the express purpose of protecting the
health, safety, and general welfare of the people of the City by promoting and
enhancing the value of properties and encouraging orderly development.
Specific Development Plan SD-58 sets forth the development and design criteria
for a development consisting of approximately 33 acres. The purpose of this
Specific Development Plan is to permit flexibility in site planning and design in
response to market conditions while assuring high quality development
Specific Development Plan Number SD-58 specifically establishes for the
property the following:
• The permitted uses;
• Maximum authorized development densities;
• Signage provisions; and
• Development standards for authorized uses, including building height
limits, required setbacks, parking requirements, landscaping provisions
and enforcement policies.
Objectives
The objectives of Specific Development Plan SD-58 include the provision
of the following:
1. Landscaping that is appropriate to the level of development and sensitive
to the surrounding community;
2. A visually harmonious development as viewed both internally and
externally;
3. A circulation system that is responsive to the needs of both vehicular and
pedestrian travel, particularly pedestrian safety across major arterials
serving the subject site;
4. Development that is exclusive of heavy industrial or noxious fumes except
as permitted by the SAMC;
5. Flexibility in development in response to market conditions while achieving
overall City and community goals;
6. Creation of new employment opportunities;
7. Permitting certain uses consistent with the underlying General Plan
Industrial land use designation within portions of the development;
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8. Develop the site to enhance its economic viability, creating a range of
employment opportunities and increasing municipal revenue, which
contributes to the economic health of the City and the region;
9. Signage that visually enhances the development and is harmonious with
the adjacent environs.
Section 3 — Uses Permitted
Professional and Business Offices
1. General offices providing personal and professional services including,
without limit, employment agencies, medical insurance, real estate, travel,
trade contractors, architects, engineers, finance, research and
development, wherein high technology office use is coupled with minor
assembly, research and/or warehousing and shipping, and other similar
uses.
Commercial/Retail Uses
1. Commercial/retail uses including, but not limited to: service commercial
uses such as banks and other financial institutions, delicatessens, food
stores, newsstands, automobile support facilities providing services only
within the parking structures such as auto detailing, health and exercise
centers and other similar uses, day care centers, office and computer
equipment, copy centers, postal centers, and other similar uses.
2. Restaurants, retail commercial, travel services, and other commercial uses
incidental/accessing to office uses.
Uses permitted subject to conditional use permit.
1. Trade and professional schools.
2. Private recreational fields.
3. On the parcels illustrated on Figure 1, any use permitted in the M1 district
either by right or subject to a conditional use permit, as listed in the SAMC,
that is not listed in the Limited Light Industrial Uses section, above.
4. Any use subject to Section 41-199.4 of the SAMC.
5. Eating establishments exceeding 2,500 square feet in gross floor area.
Limited Light Industrial Uses
1. On the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"),
in addition to Professional and Business Offices and Commercial/Retail
uses, the following Limited Light Industrial uses are permitted:
Ordinance No. NS-3068
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a. The compounding, processing, or treatment of raw or previously treated
materials into a finished or semi -finished product, excluding those uses
specified in sections 41-199.4 and 41-489.5 of the SAMC.
b. The manufacture of products from raw or previously treated materials,
excluding those uses specified in sections 41-199.4 and 41-489.5 of the
SAMC.
c. The assembly of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5 of the SAMC.
d. The packaging or distribution of previously prepared products or
materials, excluding those uses specified in section 41-489.5 of the
SAMC.
e. Wholesale establishments where the primary trade is business to
business sale of products, supplies, and equipment.
f. Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the
property of the owner or operator of the building or structure.
g. Machine shop or other metal working shops.
h. Warehousing.
i. Research laboratories.
j. Movie, photography, musical or video production studios.
k. Bulk products sales (twenty-five (25) cubic feet or greater) when such
products are the primary sales activity.
I. Public utility structures.
m. Blueprinting, photoengraving, screen printing and other reproduction
processes.
n. Eating establishments up to 2,500 square feet in gross floor area.
2. On the Limited Light Industrial Parcels, the following uses are permitted
when ancillary to and physically integrated with any limited light industrial
uses permitted in Section 1, above, or to any use permitted subject to a
conditional use permit:
a. Cafes and eating establishments limited to use by employees of the
uses specific in Section 1.
b. Administrative office use occupying up to thirty (30) percent of the gross
floor area.
c. Product sales or service uses occupying up to five (5) per cent of the
gross floor area.
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d. Daycare centers occupying up to thirty (30) per cent of the gross floor
area; provided, however, that no combination of uses permitted by this
section shall exceed thirty (30) per cent of the gross floor area.
e. The outside storage of Class I and Class II liquids (as defined in the fire
code of the City of Santa Ana) in above -ground fixed storage tanks when
properly screened pursuant to section 41-622 of the SAMC, as it may
be amended from time to time. As used herein, "tank" means a vessel
containing more than sixty (60) gallons.
f. Enclosed storage where the goods, materials or supplies stored are the
property of the owner or operator of the building or structure occupying
up to thirty (30) per cent.
g. Caretakers quarters consistent with the requirements in section 41-479
of the SAMC.
Section 4 — Maximum Permitted Building Density/Intensity
The maximum authorized building densities/intensities for the Specific
Development Plan SD-58 are as follows:
1. 400,890 square feet of existing and approved office and support commercial
uses.
2. 569,230 square feet of additional floor area, including a maximum of
325,044 square feet of limited Light Industrial uses on the Light Industrial
Parcels.
3. Parking structures and appurtenant uses are not included in the calculation
of floor area.
4. The precise timing of development, building sizes, and configuration are
predicated on market conditions at the time of construction and are subject
to change as market conditions change or as tenants become available.
Section 5 - Signage
1. Except as set forth here in, all future on -site signs shall conform to Article XI,
Subsections 41-850 through 41-1099 of the SAMC in effect at the time of
adoption of this ordinance.
2. On -site signs for the Professional and Business office uses and
Commercial/Retail shall also be consistent with an approved sign program to
be on file with the Santa Ana Planning Division.
3. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program
on file with the City. Modifications to sign development standards may be made
administratively provided they do not exceed a twenty percent deviation for
proposed freestanding and wall signs of dimensions for location, height, length,
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and sign face area. In considering a request for such administrative
modification, health and safety and design compatibility of the proposed
signage shall be taken into consideration.
Section 6 — Development Standards
1. Building Heights. All future on -site uses with the exception of limited light
industrial uses on parcels illustrated on Figure 1 will be subject to a height
limitation of 200 feet above ground level which is defined as a measurement
from the elevation of the top slab of the first floor on -grade to the top of the
structure. Limited light industrial uses on the parcels illustrated on Figure 1 will
be subject to a height limitation of 55 feet above ground level, exclusive of any
roof -mounted equipment.
2. Setbacks. A minimum of 15 feet setback shall be provided between proposed
onsite uses and right of way boundaries for the following streets Lake Center
Drive Susan Street Sunflower Avenue and MacArthur. A minimum ten foot
setback will be provided for uses adjacent to internal roadways but such ten -
foot setback shall not apply to drive aisles in parking lots.
3. Building Separation. Minimum building separation shall be governed by
Uniform Building Code requirements except for parking structures which are
not required to be separated from structures on separate parcels, and except
for walkway covers connecting pedestrian access and atrium connections
between buildings.
4. Site Coverage. All building setbacks as described in Section 6.2 (Setbacks)
above. Building setbacks shall be maintained for site coverage
5. Parking. Parking within Specific Development Plan SD-58 will be provided to
attract companies contemplated by the Permitted Uses described in Section 3
above (Uses Permitted). This is represented by the properties governed by the
SD-58 zoning. It is the intent to provide parking facilities in the form of surface
parking, parking structures above and, possibly, below grade or any
combination thereof. The parking structures' design shall be compatible with
the surrounding land uses.
Future on -site buildings may be served by a mix of surface and structure
parking Future spaces will be provided on a phase -by -phase basis consistent
with projected demand coinciding with the construction of the proposed
buildings.
a. Location of Parking. Required off-street parking shall be provided. When
parking is provided on a site of different ownership a recorded document
shall be approved and filed with the City of Santa Ana Planning Division
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and signed by the owners of the parking site stipulating to the
reservation of use of the site for said parking.
b. Joint Use of Parking. Two or more office or commercial uses may jointly
develop and utilize required parking facilities if approved by the Planning
Division. Parking requirements for each individual use may be reduced
through City of Santa Ana (i.e. no compact stalls) as of the date of
adoption with regard to surfacing, marking, grading, lighting, walls
circulation, parking dimensions, and layout. Landscaping requirements
will be in accordance with this Specific Development Plan.
c. Off -Street Parking Plan/Site Plan. A parking plan will be submitted for all
projects requiring more than ten parking spaces, unless off street
parking facilities are already provided.
The required number of off street spaces may be reduced
commensurate with the specific type of use and demonstrated hourly
parking demand upon approval by the Zoning Administrator. For off-
street parking plan areas which contain 500 or more parking spaces a
twenty (20) percent reduction may be permitted for required off street
parking subject to approval by the Zoning Administrator. This
percentage is based upon representative factors for land use as
provided by the Urban Land institute's (ULI) shared parking study.
The required number of off-street spaces provided may be further
modified contingent upon implementation of a transportation demand
management plan for Lake Center and based upon the results of a
verified transportation study, subject to approval by the Planning
Division.
d. Number of Required Off -Street Spaces. The minimum number of off-
street parking spaces to be provided within the project area are as
follows:
Medical and Dental. Six spaces for each doctor or one space for
each 200 square feet of gross floor area, whichever is greater.
Professional and Business Offices. One space for each 333 1/3
square feet of gross floor area.
Restaurant. Restaurant parking shall be in accordance with the
following:
Restaurants shall provide one parking space per 100 gross
square feet of floor area.
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Outdoor dining areas may be reduced to provide one space
per 200 square feet of gross floor area.
Parking requirements may be waived for restaurants which
primarily serve an onsite building or can be demonstrated to
serve on -site users who will not drive to the site.
Commercial. One (1) space for each 200 square feet of gross floor
area for any freestanding commercial space larger than 3,000
square feet. Parking requirements shall be waived for commercial
and service uses which primarily serve an on -site building, or can be
demonstrated to serve onsite users who will not drive to the site
Trade and professional schools. One space for each 40 square feet
of classroom area, plus one space for each 333 square feet of office
floor area. A passenger loading and unloading zone shall be
provided for each building used for instructional purposes.
Limited Light Industrial. One and one -quarter (1.25) spaces for each
one thousand square feet of gross floor area.
6. Landscaping Standards. All areas not used for buildings parking or storage
shall be landscaped using the following guidelines. All landscaped areas shall
be irrigated using an automatic irrigation system. The project shall provide
landscaping consistent with the existing landscape theme and existing
improvements onsite. Plazas and courtyards shall provide a minimum of 30%
of the area dedicated to such amenity in landscaping.
The design guidelines outlined herein form an integral element in achieving
distinctive development character for the project area. As phases are
implemented, landscape plans shall be approved which are consistent with and
implement these concepts, and are consistent with existing improvements
established by a Master Plan on file with the City Planning Division. 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 installed prior
to issuance of a certificate of Use and Occupancy.
a. Setback Areas. To create a unifying element surrounding the project
area, a landscaped edge will be maintained adjacent to Lake Center
Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard and
interior streets. This edge will contain formal tree plants with ground
cover or shrubs below.
b. Side and Rear Yard Setback Area. All building setback areas shall be
landscaped utilizing ground cover lawn and or shrub and tree materials
consistent with existing improvements.
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c. Parking Areas. In all areas where there is surface parking the following
standards shall apply:
Setback - The width of the landscaped edge adjacent to parking areas
shall be a minimum of ten feet from the interior rear and interior side
yard property lines.
Trees - For parking areas that feature head -to -head parking spaces
there shall be a minimum five feet by five feet raised planter, including
the thickness of the raised curb installed between the head -to -head
parking spaces a ratio of one (1) planter for each (4) four parking spaces
on each side of the head -to -head row (see Figure 2 for a depiction of
such planters). For purposes of clarification, for parking spaces that
terminate at a curb (i.e. not head -to -head), no such planter shall be
required. For every ten parking spaces that terminate in a curb, there
shall be a landscape finger at least five feet (5') wide, including the
thickness of the raised curbs enclosing such planter, and each planter
will require one 15 gallon size tree, 8 five gallon size shrubs and ground
cover to serve as filler materials. Other organic or inorganic materials
are not accepted for substitution for ground cover or turf.
7. Enforcement. The penal provisions and permit requirements set forth in Article
VIII of the (SAMC) (effective as of the date of adoption of this Specific
Development Plan) shall apply to all development within Specific Development
Plan SD-58.
8. Perimeter Fencing. All perimeter fencing abutting a public street or private
street shall be of decorative, "see -through" material, such as wrought -iron, but
in no event shall such fencing be a chain -link material. Such fencing shall be
setback at least ten feet (10') from the public right-of-way (the "Public Setback")
with landscaping, as approved by the City per Section 6.6 (Landscape
Standards) above, between the fencing and the public right-of-way. Provided,
however, the Public Setback may be less than ten feet (10') from the public
right-of-way to accommodate code -required, accessible exits through such
fencing. The portion of the perimeter fencing that is less than ten feet (10') to
accommodate such code -required, accessible exit shall not exceed a length of
twenty feet (20') as measured parallel to the right-of-way. Perimeter fencing
along interior property lines, if any, shall comply with Section 11.8.1 of the City's
Industrial Design Guidelines. No perimeter fencing shall exceed seven (7) feet
in height as measured from the adjacent grade without the prior authorization
by the City.
Section 7 - Operational Standards
1. Conditions Covenants and Restrictions (CC & R's) shall be provided which
requires future tenants and property owners to participate in the required
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Transportation Demand Management Program and other mitigation measures as
specified in the Environmental Impact Report, or prepared CEQA Exemption
15183 Environmental Documentation.
2. Each future structure(s) shall be required to demonstrate conformity with the
applicable provisions of this Specific Development Plan SD-58 Plan and certified
Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental
Documentation, to provide the opportunity to apply conditions to ensure
compliance.
3. Prior to issuance of a Utility Release complete the following:
a) Comply with all mitigation measures applicable to the approved Site Plan and
as set forth in the Draft EIR and as modified in the response to comments
portion of the EIR.
b) Comply with the requirements of the Development Agreement, as applicable.
4. Any amendments and/or modifications to the project or site plan review approval
per Development Project (DP) DP No. 2023-37, including modifications to approved
materials, finishes, architecture, site plan, landscaping, and square footages must
be submitted to the Planning Division for review. At that time, staff will determine if
administrative relief is available, per the following:
a. Modifications up to ten -percent (10%) deviations shall be reviewed and
approved by the City of Santa Ana's Planning Manager.
b. Modifications up to twenty -percent (20%) deviations shall require a
discretionary review and approval of a minor exception application by the
City of Santa Ana's Zoning Administrator, at a duly noticed public hearing,
pursuant to all applicable requirements outlined in the SAMC.
c. Modifications exceeding twenty -percent (20%) deviations shall require a
discretionary review and approval by the City of Santa Ana's Planning
Commission, at a duly noticed public hearing, pursuant to all applicable
requirements outlined in the SAMC.
5. Prior to the issuance of building permits for any building within the parcels illustrated
on Figure 1 (the "Limited Light Industrial Parcels"), a detailed and comprehensive
Landscape Plan shall be submitted to the Planning and Building Agency Executive
Director or his/her designee for review and approval prior to the issuance of building
permits.
a. The plan shall comply with the City's Water Efficient Landscape Ordinance
(WELD) Chapter 41, Article XVI of the SAMC. The plan shall include an
irrigation system layout with the location of controllers and points of
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connection with data on valve sizes and gallons per minute ( G.P.M.), the
size and location of sleeves and all spray heads, including the location of
conventional systems and drip systems; an irrigation legend with complete
specifications; irrigation notes and construction details of all assemblies and
components; a recommended irrigation schedule, preferably on an annual
basis; and a summary block on the initial page of submitted plans that will
present the above information clearly and accurately.
b. The plan shall include a Plant Legend containing: plant symbol, scientific
name of plant material, common name of plant material, plant container size,
and plant spacing. Very low, low and medium water usage plant materials
are encouraged.
c. The plan shall include details of site furnishings. Site furnishing should be
compatible in style with the buildings and selected to bring comfort, scale
and design expression to the streetscape. These must also be highly durable
and easy to maintain. Planters and pots should be used to complement the
project architecture and other site amenities; avoiding obstructions to
pedestrian traffic flow with planters and pots. All elements of the furniture
palette should be uniform.
d. Landscaping for the project shall be completed in phases by building and
shall be installed and inspected prior to occupancy of units within that
building. The Owner and/or maintenance association established by any
relevant Conditions Covenants and Restrictions (CC & R's) shall be
responsible for maintaining all common area landscaping within the
development.
6. Prior to issuance of a building permit for any buildings within any of the parcels
illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner
shall satisfy all site improvement requirements identified by the City's Development
Review Committee (DRC) as part of Development Project (DP) DP No. 2023-37,
including but not limited to the following:
a. Implementing water and sewer requirements, if any, determined necessary
as part of the Water Hydraulic Model Evaluation Study conducted by the City
of Santa Ana.
7. Prior to issuance of a building permit for any buildings within any of the parcels
illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner
shall execute and record a Lot Merger Application to consolidate the lots at 3100
W. Lake Center Drive.
8. Prior to final occupancy of a business established within any of the parcels
illustrated on Figure 1 (the "Limited Light Industrial Parcels"), a Property
Maintenance Agreement must be executed between the City of Santa Ana and the
Ordinance No. NS-3068
Page 14 of 22
Property Owner in a form reasonably satisfactory to the City Attorney. The Property
Maintenance Agreement shall ensure that the Property and all improvements
located thereupon are properly maintained. The maintenance agreement shall
contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion 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
requirements, the proper storage and disposal of trash and debris, enforcement
of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements
located thereupon (including but not limited to controls on the proliferation of
trash and debris about the property; the proper and timely removal of graffiti;
the timely maintenance, repair and upkeep of damaged, vandalized and/or
weathered buildings, structures and/or improvements; the timely maintenance,
repair and upkeep of exterior paint, parking striping, lighting and irrigation
fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as
applicable);
e. If Applicant and the owner of the property are different (e.g., if the Applicant is
a tenant or licensee of the property or any portion thereof), both the Applicant
and the owner of the property shall be signatories to the maintenance
agreement and both shall be jointly and severally liable for compliance with its
terms;
f. The maintenance agreement shall further provide that any 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 assume all of the duties and
obligations and responsibilities set forth under the maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City may
undertake in order to cure any deficiency in maintenance, repair or upkeep or
to enforce any restrictions or conditions upon the use of the property. The
maintenance agreement shall further provide that any unreimbursed costs
and/or expenses incurred by the City to cure a deficiency in maintenance or to
Ordinance No, NS-3068
Page 15 of 22
enforce use restrictions shall become a lien upon the property in an amount
equivalent to the actual costs and/or expense incurred by the City; and
h. The execution of the maintenance agreement shall be a condition precedent to
the Certificate of occupancy.
i. The maintenance agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in any real
property illustrated on Figure 1 (the "Limited Light Industrial Parcels"), within
the boundaries of Specific Development No. 58, or any interest in any lease,
sublease, license or sublicense, unless the prospective assignee agrees in
writing to assume all of the duties and obligations and responsibilities set forth
under the maintenance agreement.
Ordinance No. NS-3068
Page 16 of 22
SD-58 Limited Light Industrial Parcels
_SANTAANA (.-.........-..................,.._..-..—.._..-....MR90MA ..-------..-..-..-..--
-COSTA AiIESAr
Limited Light industrial
12 Parcels
SD 58 Zoning District
Figure 1
E)
0 150 300
Feet
Ordinance No. NS-3068
Page 17 of 22
Parking Lot Planters
Figure 2
Ordinance No. NS-3068
Page 18 of 22
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 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 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this 20t' day of August, 2024.
1
Valerie Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: L�� �' - .
Jose Montoya
4t-- Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra Hernandez Lopez,
Penaloza Phan, Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
ABSENT: Councilmembers None (0)
Ordinance No. NS-3068
Page 19 of 22
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No, NS-3068 to be the original ordinance adopted by the City Council of the
City of Santa Ana on August 20, 2024, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: a 1
?enniferlerk
City of San
Ordinance No, NS-3068
Page 20 of 22
Attachment 1
Consistent and Supportive General Plan Goals and Policies
Land Use (LU) Element
Goat LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana's
diverse needs.
The project is consistent with this General Plan Land Use Element goal, as the current
allowable uses are not meeting the community's needs. Office space demand has
declined and with this request, the ownership proposes to diversify and adapt to these
needs by establishing additional land uses within the specific development area.
Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of
existing neighborhoods and districts.
Policy LU-3.4: Compatible Development. Ensure that the scale and massing of
new development is compatible and harmonious with the surrounding built
environment.
The project is consistent with these General Plan Land Use Element goals and
policies, as the goal for the site is to develop high -quality industrial buildings that would
revitalize the area and make off -site improvements to enhance the character of the
surrounding neighborhood. Additionally, the proposed improvements would also
feature reduced mass and scale, which would be more compatible with the
surrounding area.
Goal LU-4: Complete Communities. Support a sustainable Santa Ana through
improvements to the built environment and a culture of collaboration.
Policy LU-4.2: Public Realm: Maintain and improve the public realm through
quality architecture, street trees, landscaping, and other pedestrian -friendly
amenities.
The project is consistent with these General Plan Land Use Element goals and
policies, which support sustainable improvements to the built environment, maintain,
and improve public spaces through quality architecture, street trees, landscaping, and
other pedestrian -friendly amenities. As the ownership of the properties would
redevelop the site by providing high -quality development and extensive landscaping
along West Lake Center Drive, culminating in a passive park for the community and
visitors to the nearby field or church. These improvements would improve the public
realm, include pedestrian friendly amenities and support the built out environment.
Urban Design (UD) Element
Goal UD-1: Physical Character. improve the physical character and livability of the
City to promote a sense of place, positive community image, and quality environment.
Ordinance No. NS-3068
Page 21 of 22
Policy UD-1.1: Design Quality: Ensure all developments feature high quality
design, materials, finishes, and construction.
Policy LID-1.5: Attractive Public Spaces. Encourage community interaction
through the development and enhancement of plazas, open space, people
places, and pedestrian connections with the public realm.
The project is consistent with these General Plan Urban Design Element goals and
policies as the goal for the site would be to develop with high -quality industrial
buildings that would feature high -quality materials and finishes that would improve the
physical character of the area. Additionally, the proposed passive park would create
a space for community interaction and encourage community interaction and
pedestrian connection to the public realm.
Economic Prosperity (EP) Element
Goal EP-1: Job Creation and Retention: Foster dynamic local economy that provides
and creates employment opportunities for all residents in the city.
Policy EP-1.1: Protect Industrial: Protect industrial uses that provide quality job
opportunities, including middle -income jobs; provide for secondary
employment and supporting uses; and maintain areas where smaller emerging
industrial uses can locate in a multitenant setting.
Policy EP-1.2: Attract Business: Promote new and retain existing job -producing
businesses that provide living -wage employment opportunities.
The project is consistent with these General Plan Economic Prosperity Element goals
and policies, as the request would allow the ownership to transition from a land use
that is not attracting businesses or jobs to one that would, thereby benefiting the city's
economic prosperity. Furthermore, the request would reintroduce industrial land uses
to a site previously rezoned to accommodate only office or commercial uses, which
would support industrial land uses Citywide that would provide for employment
opportunity.
Ordinance No. NS-3068
Page 22 of 22
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