HomeMy WebLinkAboutNS-2759 - Adopting Specific Development No. 81 and Rezoning the Property Located at 3321 South Fairview Street...
ORDINANCE NO. NS-2759
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 81
(SD-81) AND REZONING THE PROPERTY LOCATED AT
3321 SOUTH FAIRVIEW STREET FROM ARTERIAL
COMMERCIAL (C5) TO SPECIFIC DEVELOPMENT NO. 81
(SD-81) (AA NO. 2007-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Applicant is requesting approval of the Mitigated Negative Declaration and
Mitigation Monitoring Program, Environmental Review No. 2007-37;
Amendment Application No. 2007-02 rezoning the property from Arterial
Commercial (C5) to Specific Development No. 81 ; Tentative Tract Map No.
2007-04 (County Map No. 17071) as conditioned to subdivide a lot into 9
parcels (six buildable lots and three open space parcels); and adopt a
resolution approving Site Plan Review No. 2007-02 as conditioned for the
property located at 3321 South Fairview Street.
B. On September 10, 2007, the Planning Commission held a duly noticed
public hearing and voted 5:0 (Gartner and Leo absent) to recommend that
the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2007-37.
2. Adopt an ordinance approving Amendment Application No. 2007-02
and Specific Development No. 81.
3. Adopt a resolution approving Tentative Tract Map No. 2007-04
(County Map No. 17071) as conditioned.
4. Adopt a resolution approving Site Plan Review No. 2007-02 as
conditioned.
C. The Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2007-37; Amendment Application No. 2007-02
and Specific Development No. 81; Tentative Tract Map No. 2007-04
(County Map No. 17071); and Site Plan Review No. 2007-02 came before
the City Council of the City of Santa Ana for a public hearing October 1,
2007, and at that time considered all testimony, written and oral. On
Ordinance No. NS-2759
Page 1 of 10
October 1, 2007 the City Council continued the public hearing to
November 5,2007.
D. On November 5, 2007, the City Council continued the public hearing, and
at that time considered all testimony, written and oral.
E. Amendment Application No. 2007-02 has been filed with the City of Santa
Ana to adopt Specific Development No. 81 (SD-81) and to rezone the
property located at 3321 South Fairview Street from Arterial Commercial
(C5) to Specific Development No. 81 (SD-81). (AA No. 2007-02)
F. SD-81 would allow no more than nine (9) one-family dwellings, having four
or fewer bedrooms per one-family dwelling; a temporary real estate office;
accessory building and structures (over fifteen feet in height requires a
Conditional Use Permit); child care facilities providing care to not more than
fourteen children; and garages for four or more vehicles (with a Conditional
Use Permit).
G. Amendment Application No. 2007-02 is consistent with the General Plan,
including but not limited to its goals and policies:
1. To promote a balance of land uses to address basic community
needs. Goal 3.0 of the Land Use Element of the General Plan.
2. To promote land uses which enhance the City's economic and fiscal
viability. Goal 2.0 of the Land Use Element of the General Plan.
H. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project at 3321
South Fairview Street is consistent with the purpose of the general plan.
I. The City Council also adopts as findings all facts presented in the Requests
for Council Action dated October 1, 2007 and November 5, 2007
accompanying this matter. For these reasons, and each of them,
Amendment Application No. 2007-02 is hereby found and determined to be
consistent with the General Plan of the City of Santa Ana and otherwise
justified by the public necessity, convenience, and general welfare.
J. The resolution approving and adopting the amended Mitigated Negative
Declaration and Mitigation Monitoring Program for Environmental Review
No. 2007-37 which came before the City Council on October 1, 2007. This
ordinance incorporates by reference, as though fully set forth herein, that
resolution and mitigated negative declaration and mitigation monitoring
program.
Section 2. The real property located at 3321 South Fairview Street is hereby
reclassified from Arterial Commercial (C5) to Specific Development No. 81 (SD-81).
(AA No. 2007-02) Amended Sectional District Map number 27-5-10 showing the above
Ordinance No. NS-2759
Page 2 of 10
described change in use district designation, is hereby approved and attached hereto as
Exhibit "A" and incorporated by this reference as though fully set forth herein.
Section 3. Specific Development No. 81 (SD-81) as set forth in Exhibit "B",
attached hereto and incorporated as though fully set forth herein, is approved and
adopted in its entirety.
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.
ADOPTED this 3rd day of December, 2007
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
kr:e'~-
By: '~ (/ "{-'-
Kylee 0.; ; tto
AssistarWCity Attorney
AYES:
Councilmembers: Alvarez. Benavides. Bustamante. Martinez,
Pulido. Sarmiento (6)
NOES: Council members: None (0)
ABSTAIN: Councilmembers: Tinaiero (1)
NOT PRESENT: Councilmembers: None (0)
Ordinance No. NS-2759
Page 3 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2759 to be the original ordinance adopted by the City
Council of the City of Santa Ana on December 3, 2007, and that said ordinance was
:::,"ed ~::a:'Z ;e Charte, of the C;~ of 8aom ~o~~ ~y;/ F
/ ' Pa!rida E Healy 0-
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2759
Page 4 of 10
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SECTIONAl DISTRICT MAP - 27-'" -10
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PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA, CALIFORNIA
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EXHIBIT A
6
Ordinance No. NS-2759
Page 5 of 10
SPECIFIC DEVELOPMENT PLAN NO. 81
Alton Court
SECTION 1 - Applicability of Ordinance
The specific development zoning district No. 81 (SD-81), as authorized by
Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal
Code, is 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 Santa Ana Municipal Code shall
apply unless expressly waived or superseded by this ordinance.
SECTION 2 - Purpose
The Specific Development Plan No. 81 for Alton Court consists of standards and
regulations established for the purpose of protecting the health, safety, and general
welfare of the people of the City of Santa Ana by promoting and enhancing the value
of property and encouraging the orderly development of the property.
SECTION 3 - Uses Permitted in Specific Development No. 81
The following uses are permitted in the SD-81 district:
(a) No more than nine (9) one-family dwellings, having four (4) or fewer
bedrooms per one-family dwelling.
(b) One (1) temporary real estate office devoted to the sale of real estate in the
tract in which it is located, which use shall be for a period of time not to
exceed one (1) year.
(c) Accessory building and structures, except as otherwise provided in Section
4(b).
(d) Child care facilities providing care to not more than fourteen (14) children,
provided that if the number of children exceeds eight (8), a land use
certificate must be first obtained pursuant to Division 4 of Article V of Chapter
41.
SECTION 4 - Uses Subiect to a Conditional Use Permit in Specific Development
No. 81
(a) Garages for four (4) or more vehicles.
(b) Accessory structures more than fifteen (15) feet in height or more than one
story .
EXHIBIT B
Ordinance No. NS-2759
Page 6 of 10
SECTION 5 - Minimum Lot Area in Specific Development No. 81
Lots shall have an area of at least 17,999 square feet.
SECTION 6 - Minimum Street Frontaae in Specific Development No. 81
Lots shall have street frontage of at least 100 feet.
SECTION 7 - Buildina Heiaht in Specific Development No. 81
No primary structure shall exceed twenty-eight (28) feet nor two (2) stories in height,
as measured from the lowest adjacent grade of the structure to the top of the
structure.
SECTION 8 - Lot Coveraae in Specific Development No. 81
No more than forty (40) percent of the lot shall be covered by structures.
SECTION 9 - Front Yards in Specific Development No. 81
There shall be a front yard of not less than ten (10) feet from the street. Porches
may encroach into the front yard a maximum of six (6) feet.
SECTION 10 - Side Yards in Specific Development No. 81
Each side yard shall be not less than five (5) feet for each one-family dwelling
structure. Cornices, eaves, chimneys, and similar architectural features may extend
into the required side yard a distance not to exceed eighteen (18) inches.
SECTION 11 - Rear Yards in Specific Development No. 81
There shall be a rear yard of not less than thirteen (13) feet for each one-family
dwelling structure. Such rear yard may be reduced to not less than five (5) feet for
open patio covers.
SECTION 12 - Development Standards in Specific Development No. 81
Lots in the SD No. 81 district shall comply with the following standards:
(a) Front and street oriented side yards shall be landscaped with the exception of
approved driveways and sidewalks.
(b) Accessory structures shall not exceed thirty-five (35) percent of the required
rear yard area and shall not exceed fifty (50) percent of the main structure
square footage.
(c) The building separation between one-family dwelling structures shall be at
least 10 feet. Cornices, eaves, chimneys, and similar architectural features
Ordinance No. NS-2759
Page 7 of 10
may extend into the required side yard a distance not to exceed eighteen (18)
inches.
(d) The building separation between primary and accessory structures shall be at
least five feet.
(e) The perimeter fencing for the project cannot exceed seven feet in height, as
measured from the elevation of the building pad.
SECTION 13 - Parking Reauirements in Specific Development No. 81
(a) The minimum parking requirements for one (1) one-family dwelling is four
(4) parking spaces. At least two of these spaces shall be in an enclosed
garage.
(b) Each parking stall in a two-car garage shall not be less than ten (10) feet
wide and twenty (20) feet long.
(c) All other uses shall be parked pursuant to Santa Ana Municipal Code
Chapter 41 , Article XV.
SECTION 14 - Open Space Standard for Specific Development No. 81
A private open space shall be provided for any project. The lot shall be a minimum
of 7,100 square feet in size and contain the following amenities:
(a) Decorative shade structure
(b) Two gas barbeques
(c) A minimum of six benches
(d) Two picnic tables
(e) Pedestrian access gate on the west perimeter wall
SECTION 15 - Landscape Standards for Specific Development No. 81
In the SD No. 81 district, all yards shall be landscaped. All landscaping shall be
installed pursuant to a landscaping plan approved by the Planning Manager. Each
residential unit shall meet the following minimum requirements:
(a) Front Yard:
(1) Three (3) twenty four inch (24) box canopy trees per one-family dwelling
which is immediately adjacent to the front yard.
Ordinance No. NS-2759
Page 8 of 10
(2) All trees shall be double-staked.
(3) Six five-gallon size shrubs and ten (10) one-gallon size herbaceous
perennials/shrubs as a foundation planting.
(4) Turf or acceptable dry climate ground cover:
i. Turf shall be drought tolerant variety and planted as sod or
hydroseed.
ii. Ground cover shall be well-rooted cuttings from flats and
planted at appropriate spacing for that particular plant material.
(b) Side Yard:
(1) Corner lots shall require three (3) thirty-six (36) inch box trees. Plus
six five-gallon size shrubs and groundcover as a foundation planting.
Root barriers shall be required on all trees planted along the street
oriented yards.
(c) Motor court Landscaping:
(1) One (1) twenty-four inch (24) box canopy tree for each one-family
dwelling fronting a motor court,
(d) Project Entry Landscaping:
(1) A minimum of twenty-two (22) thirty-six inch (36) box Queen Palm trees
shall be planted within the project entry. Shrubs, vines and groundcover
shall also be planted pursuant to the City's Residential Landscape
Standards.
(2) Interlocking pavers shall be installed as the paving surface for the entry.
(e) Project Perimeter Walls:
(1) Flowering vines shall be provided and secured to a decorative
masonry wall. In addition, all exterior walls shall be covered in vines to
deter graffiti.
(2) The vines shall be five-gallon size and be planted at a maximum 20-
foot interval. They shall be secured to the walls with eye hooks and
wire.
(f) Irrigation Systems:
Ordinance No. NS-2759
Page 9 of 10
(1) A pop-up sprinkler type irrigation system shall be provided for all yards
for each residential unit.
(2) The use of "xeriphytic" or dry climate type plant materials is
encouraged. Irrigation systems may require special fittings to properly
water dry climate plantings.
(g) Screening:
(1) All meters shall be appropriately screened from public view with trellis
work and vines or a hedge type shrub or they shall be incorporated
into the residential structure.
(2) Any enclosed structure for utilities must not encroach into any required
setback.
(h) Maintenance:
(1) All plant material shall be maintained per Section 41-609 of the Santa
Ana Municipal Code.
SECTION 16 - Definitions for Specific Development No. 81
Motor court - An open area, unobstructed from the ground which is bounded on three
sides by ex1erior walls of one or more buildings and is used for driveway and parking
purposes.
Ordinance No. NS-2759
Page 10 of 10