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HomeMy WebLinkAboutNS-2830 - Amending Specific Development No. 43 to Allow Construction of a MultiFamily Residential Project with 278 Units...ORDINANCE NO. NS-2830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 43 (SD-43) TO ALLOW THE CONSTRUCTION OF A MULTIFAMILY RESIDENTIAL PROJECT WITH 278 UNITS AT 200 EAST FIRST AMERICAN WAY (ZOA NO. 2012-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The proposed Zoning Ordinance Amendment No. 2012-01 is to amend the existing zoning in Specific Development No. 43 (SD-43) to reduce the parking ratio, allow for the use of tandem parking stalls, and amend the open space requirement. B. On January 23, 2012, the Planning Commission held a duly noticed public hearing, and decided to continue the matter to February 13, 2012. Staff recommended that the Planning Commission vote to recommend that the City Council adopt Zoning Ordinance Amendment No. 2012-01 to amend Specific Development No. 43 (SD-43) to increase the maximum number of permitted residential units, reduce the parking ratio, allow for the use of tandem parking stalls, and reduce the open space requirement. On February 13, 2012, the Planning Commission split by a vote of 3:3 (Commissioner Yrarrazaval absent) on a motion to approve the project, thus creating an impasse. Pursuant to Planning Commission Bylaws (Resolution 01-44, § 8e), the applicant desired to proceed to City Council. C. Zoning Ordinance Amendment No. 2012-01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on March 5, 2012, to consider all testimony, written and oral. D. The City Council adopts as findings all facts presented in the Request for Council Action dated March 5, 2012, accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2012-01 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. Section 2. Specific Development No. 43 (SD-43) is hereby amended as follows: Ordinance No. NS-2830 Page 1 of 4 A. Reduction in Multi-Family Residential Parking Ratio. Amendments are needed to revise the parking requirements for multi-family residential uses. SD-43 currently has a graduated parking ratio for individual units based on bedroom count and a similar graduated guest parking ratio based on the overall unit count. As proposed, the project will provide a total of 632 spaces at an overall ratio of 2.22 spaces per unit, regardless of bedroom count, and inclusive of guest parking, which provides seven more spaces than the 2.22 per unit ratio. The parking standards contained within SD-43, if applied to the proposed project, would require a total of 642 parking spaces - 601 for the units and 41 for guest parking. This creates the need for a reduction in the required parking of 17 spaces. Due to the fact that the applicant proposes to provide 632 spaces, the effective reduction will be 9 spaces; however, the SD shall be amended to reflect the overall ratio of 2 spaces per unit and 0.22 spaces per unit for guest parking. Specifically, Section V.I. (Development Standards/Residential Permitted Density; Parking) shall be amended to read as follows: "A minimum of 2.0 off-street parking spaces per unit shall be required for haGheler all units. 2 off stTeet parking manes are roni aired for In addition, guest parking shall be provided as follows: 0.5 spaGe each unit up throe gh tan (10) units, 0.22 space for each unit in eXV ness of ten (10) units up throe gh eine hu. A_Fed (100) unitc aRd 04 Thus, a minimum of 2.22 off-street parking spaces shall be provided per unit in total." B. Allowance for Tandem Parking to Satisfy Parking Requirement. The Santa Ana Municipal Code contains provisions for tandem parking to satisfy some portion of any required parking, but only for commercial development. SD- 43 does not contain any specific standards allowing the use of tandem parking within the project area. The applicant proposes to have 42% of the parking stalls designed as tandem spaces. Thus, SD-43 shall be amended to allow for tandem parking up to 42% of total parking, so long as there is a link between the percentage of tandem and percentage of one-bedroom units. Specifically, the following shall be added to the end of Section V.I. (Development Standards/Residential Permitted Density; Parking) as follows: "Tandem parking shall be allowed up to a maximum rate of 42% of the total parking stalls for a property, so long as no more than 51 % of the total units on the property are studio or one bedroom units." Ordinance No. NS-2830 Page 2 of 4 C. Reduction in Open Space Requirement. The open space provision within SD-43 requires that each residential development provide usable ground level open space at a rate of 250 square feet per unit. Such usable open space shall be divided between common and private open space. Private open space shall be required to be provided for each unit at a rate of no less than 90 square feet of the total open space provided. Ground level open space or common open space must be provided within 500 feet of any residential unit on the site. The applicant estimates that the project provides for 255 square feet of open space per unit, however this calculation includes rooftop open space that cannot be counted as ground level open space. Thus, SD-43 shall be amended to not distinguish between ground level and rooftop open space. Specifically, Section V.E. (Development Standards/Residential Permitted Density; Usable Open Space) shall be amended to read as follows: "GreURd level-e Open space must be provided within 500 feet of any residential unit on the site at a rate of 250 square feet of area for each unit. SUGh usable open spaGe shall be divided behyeeR GE)Mmen and private open pane. Private and open mane shall be reg sired to be provided for each unit of o rate of ne less than ninety (90) sq lore feet n Section 3. 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. ADOPTED 16th day of April 2012. Mayor Ordinance No. NS-2830 Page 3 of 4 APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney r' By:J Ryn O. odge As 4tant ity Attorney YES: NOES: ABSTAIN Councilmembers: Alvarez, Benavides, Bustamante, Martinez Pulido Tinaiero, Sarmiento (7) Councilmembers: Councilmembers None (0) None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2830 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 16, 2012 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: `??zsl, L C2 tji Clerk of the Council City of Santa Ana Ordinance No. NS-2830 Page 4 of 4