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HomeMy WebLinkAboutNS-2739 - Amending Chapter 41 of Santa Ana Municpal ORDINANCE NO. NS-2739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING AMENDING CHAPTER 41 TO ADOPT THE F SUFFIX TO MODIFY A ZONING DISTRICT, AMENDING CHAPTER 41 TO ESTABLISH THE OVERLAY ZONE SUFFIX (ZOA 2007-01) 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. Zoning Ordinance Amendment No. 2007-01 is necessary to implement a high-intensity mixed use urban village through the adoption of the Metro East Overlay Zone. B. Zoning Ordinance Amendment No. 2007-01 also amends chapter 41 to add the F suffix to the modification districts. The F suffix will modify a zoning district with the F suffix to a floor area ratio of 1.0. C. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. D. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. b. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. c. Adopt a resolution approving General Plan Amendment No. 2007- 01. E. On February 26, 2007, the Planning Commission continued the following actions to the March 12, 2007 meeting: Ordinance No. NS-2739 Page 1 of 8 a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. b. Adopt and ordinance approving Development Agreement No. 2007- 01. c. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. d. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. G. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Cabrillo development project. b. Adopt and ordinance approving Development Agreement No. 2007- 01. c. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. d. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. H. On March 19,2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. I. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007, and was approved and adopted by resolution at that hearing. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; adopted an ordinance approving Development Agreement No. 2007-01; and adopted a resolution approving Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069). This ordinance incorporates by reference, as though fully set forth herein, the ordinances and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Ordinance No. NS-2739 Page 2 of 8 Section 2. Section 41-185 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-185. Modification districts. (a) The use districts established in Section 41-184 may be altered to conform with the following: (1) The B suffix appending the district classification shall allow properties within the district so modified to be used exclusively for parking as described in section 41-611 of this chapter. (2) Lot width and lot area suffix appending the district classification shall be indicated on the sectional district map and shall designate the lot width and lot area. The number preceding the district classification shall establish the minimum lot width and the number following the district classification shall establish the minimum lot area. (3) Overlay Zone (OZ) Suffix appending the district classification shall allow parcels within the district to optionally develop in accordance with alternative uses and standards set forth in an adopted Overlay Zone ordinance, as further described in Division 28 of this chapter. (4) The F suffix appending the district classification shall restrict properties within the district so modified to a maximum floor area ratio of 1.0. The F suffix shall not apply to properties that develop in accordance with an Overlay Zone. (b) The aforesaid land use districts shall be indicated on the sheets which comprise the official sectional district maps of the city. Section 3. Division 28 establishing the Overlay Zone (OZ) is hereby added to the Code to read as follows (new language shown in bold for tracking purposes only): DIVISION 28. [OZ] OVERLAY ZONE Sec. 41-595. Applicability of Division. The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "OZ" (Overlay Zone) suffix and to all property within the "OZ" (Overlay Zone) District, when applied as a separate district. In all cases where a plan in an Overlay Zone District has been approved the "OZ" symbol shall be followed by a number to designate the Overlay Zone number (e.g., OZ1) and the development that shall be permitted subject to the provisions of the approved Overlay Zone development plan and the regulations of this chapter. Ordinance No. NS-2739 Page 3 of 8 Sec. 41-595.1. Purpose and Intent. The provisions of this division provide alternative standards and regulations to the underlying zoning district, where important site, environmental, safety, compatibility or design issues require additional flexibility. The Overlay Zone District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by: (a) 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. (b) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate mix of uses and value thereof be determined and protected. (c) Providing a method whereby Overlay Zone 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. (d) 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. (e) 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. Sec. 41-595.2. Uses Permitted and Development Standards "OZ" Suffix. When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the Overlay Zone to which the suffix is combined. In any case where the development project does not choose to adhere to the Overlay Zone, the standards and regulations of the underlying zoning district shall apply. Ordinance No. NS-2739 Page 4 of 8 Sec. 41-595.3. Uses and Development Standards in the "OZ" District. Any matter which cannot be resolved solely by reference to the adopted Overlay Zone ordinance shall be governed by the provisions of this Chapter. Sec. 41-595.4. Submission of Overlay Zone Site Plans; Architectural Review. (a) Any application for a permit for a building or structure in any district combined with the OZ suffix shall be accompanied or preceded by the filing with the Planning Manager of the Overlay Zone site plan as described in subparagraph (1) below. Any application for a permit for a building or structure in the OZ District shall be accompanied or preceded by the filing with the Planning Manager of an Overlay Zone site plan which shall be one of either of the following types: (1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the Planning Manager to be necessary to fully evaluate any requirement for a building permit; (2) A plan consisting of standards and regulations pertaining to the following: (i) The height, location, and bulk of buildings: (ii) The location, arrangement and configuration of open space and building setback; (iii) The location and design of off-street parking areas; (iv) The number, size, and location of all signs; (v) Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan. Ordinance No. NS-2739 Page 5 of 8 (b) Upon receipt of an Overlay Zone Site Plan by the Planning Manager, the same shall be referred to the planning commission for review and recommendations. The planning commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. Sec. 41-595.5. Approval of Overlay Zone Site Plans. No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met: (a) If the property is within a zoning district classification combined with an OZ suffix and the applicant wants to apply the Overlay Zone, the applicant must obtain for said property an Overlay Zone site plan review permitting use of the property in accordance with an Overlay Zone plan. Said site plan review permit shall be approved, conditionally approved, or denied in accordance with the provisions of Article V of this chapter. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the Executive Director of the Planning and Building Agency. (b) If the property is within an OZ District, the Overlay Zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the Overlay Zone site plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. (c) If an Overlay Zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in paragraph (1) of said section in conformity with such Overlay Zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the Planning Manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings. Sec. 41-595.6. Application and Hearing. (a) The Overlay Zone site plan shall be submitted in the form required by the Planning Manager and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement. Ordinance No. NS-2739 Page 6 of 8 (b) The Planning Manager shall give or cause to be given notice of the time and place of such hearing by mailing notices at least ten (10) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed. (c) Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given. Section 4. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The City Council expressly reserves the right to modify, amend or repeal this ordinance at any time by adoption of a subsequent ordinance. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 2nd day of April. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /1. O~ . Otto nt City Attorney Ordinance No. NS-2739 Page 7 of 8 AYES: Councilmembers Alvarez, Benavides. Bustamante, Martinez, Pulido. Sarmiento. Tinaiero (7) NOES: Council members None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Council members None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2739 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 2. 2007, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Cr /cJ, ~D7 y Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2739 Page 8 of 8