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HomeMy WebLinkAbout2009-040 - Mitigated Negative Declaration and Mitigation Monitoring ProgramRESOLUTION NO. 2009-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO. 2005-42), AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO MODIFY THE LAND USE ELEMENT (GPA NO. 2008-02) AND APPROVING SITE PLAN REVIEW NO. 2009-02 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-42; Amendment Application No. 2008-11 rezoning the property from Open Space (O) to Specific Development No. 83; and adopt a resolution approving Site Plan Review No. 2009-02 as conditioned for the property located at 1600 West Memory Lane. B. On March 9, 2009, the Planning Commission held a duly noticed public hearing and voted 6:0 (Turner abstained) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-42. 2. Adopt an ordinance approving Amendment Application No. 2007-02 and Specific Development No. 83. 3. Adopt a resolution approving General Plan Amendment No. 2008-02. 4. Adopt a resolution approving Site Plan Review No. 2009-02 as conditioned. C. The Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-42; Amendment Application No. 2008-11 and Specific Development No. 83; General Plan Amendment No. 2008-02; and Site Plan Review No. 2009-02 came before the City Council of the City of Santa Ana for a public hearing July 20, 2009, and at that time Council considered all testimony, written and oral. Resolution No. 2009-040 Page 1 of 14 D. General Plan Amendment No. 2008-02 has been filed with the City of Santa Ana to modify the Land Use Element to change the property located at 1600 West Memory Lane from Open Space (OS) to Medium Density Residential (MR). E. The Council finds that General Plan Amendment No. 2008-02 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Encourage the development of affordable housing. Land Use Element Policy No. 1.4. F. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. G. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2008-02 is consistent with the purpose of the general plan. H. Other approvals related to the property at 1600 West Memory Lane also came before the City Council on July 20, 2009 for public hearing. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolution in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2005-42 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative Resolution No. 2009-040 Page 2 of 14 ..r ../ .rI +.- declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby approves General Plan Amendment No. 2008-02. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated July 20, 2009 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. The City Council hereby approves Site Plan Review No. 2009-02. Section 5. This resolution shall not be effective unless and until Ordinance No. NS-2790 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 6. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of JJ~, 2009. C--~Lw.reuc~~• ~ • u U Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~~ Benjam Kauf an Chidf Assistant City Attorney Resolution No. 2009-040 Page 3 of 14 AYES: NOES: ABSTAIN: Councilmembers: Alvarez Benavides. Bustamante. Martinet, Tinaiero (5) Councilmembers: Councilmembers: None (0) None (O) NOT PRESENT: Councilmembers: Pulido Sarmiento (21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-04D to be the original resolution adopted by the City Council of the City of Santa Ana on July 20, 2009. ~- Date: ~ ~~°~~'-~c-c~' `'~ Clerk of the Council City of Santa Ana +..~ Resolution Na. 2009-040 Page 4 of 14 EXHIBIT A ~.. LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2,1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-OS): GPA 2008-02 (July 20, 2009), GPA 2007-03 (May i8, 2009), GPA 2004-03 (February 2, 2009), GPA 2008-01 (May 5, 2008), GPA 2007-02 (June 18, 2007), GPA 2007-01 (March i9, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2D04-01 (April S, 2005, as passed by the voters of Sanfa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 8, 2004), GPA 2003.02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 20D2-Di (September 3, 2002), GPA 2002-03 {August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000.08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1899-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 2l, 1998), GPA 1998-01 (May 4, 1998). `- Resolution No. 2009-040 Page 5 of 14 ~ ~ N f6 a j C y n ~ ~ ~ a a W ~ c ~ ~ ~ g ~ b ~ k ~' 01 ~ .~ a ~ ~ $ ~ A ~ m ~ ~ q_{ ~ ~ ~ 5F ~ ~ ~ m~ e ~ ~ $~ n o ~ g 6 J ~ f ~0~' ~ z a ~~ l5 c `~ _ _ ~' !i 4 6 ~Ij ~~~!.~ fig hl~- %, ~~ o 0 0 0 0 0 ~ ~a., 000 ~.Re a„o ~ ... ~ y q Aa ~ ~ c a~i~ y ` r as L ~ ~~m~ 8§ a~ ~ ~ q a o cQ o w a _ ~ ° ~ o e s ~ a ~ ~ 8 g ~ ~ (/1 LL i t pp ~ ~ o i{ ~S ~ ~ E g~ m g2d ~ L- B ~ 0 d ~ ~ ~ ~ ~ ~ a as=~~s~~ffi~~~~~~3~~~~~ ~ ~ J ~ €5 gqy ~ ~' Ci ~ 8 g `~ g a y g d suzf £~i ~3585~LL%~~a7g9,3fai n 3 z C L`n „~, ~ ©~, ~ndidd~b dd ~n,ilJ bib dn'n ~"n ~ ~ _ Ky LAND USE ELEMENT To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 11 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residentia! (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,474.9 acres) representing 47 percent of the City's total land area. The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 433.7 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized Resolution No. 2009-040 Page 8 of 14 .I' .~ ~` Revised (July 20, 2009) A-17 LAND USE ELEMENT by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 427.9 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple- family development projects. • The Residential /Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this 18.5-acre area has developed with a mixture of residential and industrial uses. • The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project. In the Metro East District Center residential density is based on a maximum 3.0 floor area ratio and the overlay development standards. This category includes approximately 454.7 acres and is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 634.5 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The FirsttSr#selet~',us~irEObee~fine Page 9 of 14 Revised (July 20, 2009) A ~ 8 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) err" Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-nse office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,099.8 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation wrridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. Resolution No. 2009-040 "~' Page 10 of 14 A ~ 9 Revised (July 20, 2009) LAND USE ELEMENT The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid-town area which has a floor area ratio of 1.0. District Centers The District Center (DC) land use designation includes the major activity areas in the City. Five areas of the City, totaling 454.7 acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 3.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within most District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned, mixed-use project with the exception of the One Broadway Plaza District Center. Metro East District Center is unique in that residential density is based on a combination of floor area ratio and zoning overlay standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: The Main Place District Center includes a regional shopping center and office complex. Additional high intensity mixed-use development is programmed for this district. '`..- Resolution No. 2009-040 Page 11 of 14 Revised (July 20, 2009) A-20 LAND USE ELEMENT ,~ Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,278.1 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly; and • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 812.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,015.9 acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Resolution No. 20D9-040 Page 12 of 14 Revised (July 20, 2009) A-23 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 8,758 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. ,`, As indicated in Table A-4, between 65,410 to 83,346 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 52,288,553 square feet of commercial and office development, and 44,655,316 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Resolution No. 2009-040 Page 13 of 14 Revised (lay ~a, 20os) A-30 Amended Table A-4 Land Use Plan Build-out Capacities Land Use Intensity/Density Effective Theoretical Standards Build•out~ Build-out mrxea uses :,o.~ ac FAR 3.D Metro East Residential DC 5 551 d.u. SubTotal 5,551 d.u. Metro East Commercial DC 3.245.185 s.f. 3.245.185 s.f. SubTOtal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.9 ac. 7 d.u./ac 45,324 d.u. Low Medium Density Residential LMR-11 433.7 ac. 11 d.u./ac 4,771 d.u. Medium Density Residential MR-15 427.9 ac. 15 d.u./ac 6,418 d.u. Residential/lndustrial3 R/1-15 9.2 ac. 15 d.u.lac 138 d.u. District Center4 DC 35.6 ac. 90 d.u./ac 3.208 d.u. SubTotal 7,381.4 ac. 83,346 d.u., 59,859 d.u. Commercial Professional & Admin. Office PAO 634.5 ac. FAR 0.5-1.0 13,819,410 s.f. 27,638,820 s.f. General Commercial GC 1,099.8 ac. FAR 0.5-1.0 23,953,644 s.f. 47,907,288 s.f. District Centers DC 320.8 ac. FAR 1.0-2.0 13,972,306 s.f. 27,944,611 s.f. One Broadway Plaza District Ctrs OBPDC 4.3 ac. FAR 2.9 543.193 s.f. 543.193 s.f. SubTotal 2,069.4 ac. 52,288,553 s.f. 104,033,912 s.f. Industrial Industrial IND 2,278.1 ac. FAR 0.45 44,655,316 s.f. 44,655,316 s.f. Residentialllndustrial3 Rll-15 9.2 ac. FAR 0.45 180.926 s.f. 180,926 s.f. SubTotal 2,287.3 ac. 44,836,243 s.f. 44,836,243 s.f. Other Institutional5 INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1.015.9 ac. FAR 0.2 8.850.521 s.f. 8.850.521 s.f. SubTotal 1,828.5 ac. 15,929,543 s.f. 26,548,078 s.f. Notes: rEffective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,758 units possible in the District Center with the existing 74,588 (Census 2000) housing units. zThe McVo East District Center allows a range of intensity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zane development standards. aLand use designation pennns both residential and industrial development. Buildout assumed 50% of the land area will be developed as residential and 50% as industrial development. aLand use designation permits both residential and commercial development. Build-out assumes 90% of an area will be developed as commercial and 10% will be developed as residential. FAR -Floor area ratio, d.u. -dwelling units, s.f. -square feet (of Floor area). Acreage shown in table does not include roads in right-of-way. SEffective capacity assumes FAR of 0.2 eland use designation permits high intensity office development with ancillary retail use. This ta6~9eglti~nA~i~~Di96e~Lespond with the GIS Land Use Map illustrated in Exhibit 2. Page 14 of 14 Revised Jury 2Q 2009) A-31