HomeMy WebLinkAboutNS-2920 - Approving Amendment Application No. 2017-01 Rezoning the Property Located at 317 East Seventeenth Street...ORDINANCE NO. NS -2920
-- — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2017-01 REZONING THE PROPERTY
LOCATED AT 317 EAST SEVENTEENTH STREET FROM
COMMUNITY COMMERCIAL (C-1) AND MULTIPLE -
FAMILY RESIDENCE (R-3) TO SPECIFIC DEVELOPMENT
NO. 91 (SD -91) (AA NO. 2017-01) AND ADOPTING
SPECIFIC DEVELOPMENT NO. 91 (SD -91) FOR SAID
PROPERTY
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. Amendment Application No. 2017-01 has been filed with the City of Santa Ana
to change the zoning designation of the parcel located at 317 East Seventeenth
Street from Community Commercial (C-1) and Multiple -Family Residence (R-3) to
Specific Development No. 91 (SD -91) zoning designation Street (legal description
of parcel attached hereto as Exhibit A). General Plan Amendment No. 2017-01
was filed concurrently with the Amendment Application for consistency with the
General Plan.
B. The zoning designation of the Specific Development No. 91 (SD -91) would
allow the development of a 57 -unit supportive housing project with private
community space and supportive service offices and bring the rezoned property
into consistency with the General Plan land use designation of Urban
Neighborhood (UN).
C. On May 22, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2017-01 which is consistent with the
General Plan, as amended by General Plan Amendment No. 2017-01. The
Planning Commission added one condition that the Applicant shall submit
revised architectural elevations with additional colors, materials, windows, or
recessed areas subject to the review and approval of the Planning Manager.
D. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of the
general plan.
E. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on June 20, 2017.
Ordinance No. NS -2920
Page 1 of 4
F. The City Council also adopts as findings all facts presented in the Request for
Council Action dated June 20, 2017 accompanying this matter.
G. For these reasons, and each of them, Amendment Application No. 2017-01 is
hereby found and determined to be consistent with the intent and purpose of
Chapter 41 of the Santa Ana Municipal Code, 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 Planning Commission of the City of Santa Ana recommends that
the City Council adopt an ordinance rezoning the real property located at 317 East
Seventeenth Street from Community Commercial (C-1) and Multiple -Family Residence (R-
3) to Specific Development No. 91(SD-91), (AA No. 2017-01) Amended Sectional District
Map number 6-5-9 showing the above described change in use district designation, is
hereby attached hereto as Exhibit B and incorporated by this reference as though fully set
forth herein. This recommendation is based upon the evidence submitted at the above
said hearing, which includes, but is not limited to: the Request for Council Action dated
June 20, 2017, and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
Section 3. The City Council has reviewed and considered the information
contained in the Negative Declaration (Environmental Review No. 2017-24) prepared
with respect to this project. The City Council has, as a result of its consideration of the
record as a whole and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines, Environmental Review No. 2017-24 meets all
the requirements of CEQA.
Section 4. The real property located at 317 East Seventeenth Street in Santa
Ana is hereby reclassified from Community Commercial (C-1) and Multiple -Family
Residence (R-3) to Specific Development No. 91(SD-91). An amended Sectional District
Map, showing the above described changes in use district designation, is hereby approved
and attached hereto as Exhibit B and incorporated by this reference as though fully set
forth herein.
Section 5. Specific Development No. 91 (SD -91) attached hereto as Exhibit C
and incorporated by this reference as though fully set forth herein is approved and
adopted in its entirety.
Section 6. This ordinance shall not be effective unless and until Resolution No.
2017-044 (Environmental Review No. 2017-24 and General Plan Amendment No. 2017-
01) and Ordinance No. NS -2920 (Amendment Application No. 2017-01) are adopted and
become effective. If either resolution and/or ordinance are 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 ordinance shall be null and void and have no
furtherforce and effect.
Section 7. 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
Ordinance No. NS -2920
Page 2 of 4
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the 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 8. The Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
ADOPTED this 51h day of July, 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Benavides, Pulido, Sarmiento, Solorio
Tinaiero, Villegas (6)
Martinez (1)
None (0)
None (0)
Ordinance No. NS -2920
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2920 to be the original ordinance adopted by the City
Council of the City of Santa Ana on July 5, 2017, and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date:
M raM is D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2920
Page 4 of 4
The land referred to in this Commitment is situated in the City of Santa Ana, County of
Orange, State of California, and is described as follows:
PARCELI:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET, DISTANT
NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH
THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1
OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF
OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING
THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES,
AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL
RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF
HORACE L. SKILES AND ITS EASTERLY PROLONGATION 167.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF
SAID SPURGEON STREET, 70.00 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED
IN A DEED TO SARAH COULTER, RECORDED OCTOBER 25, 1909 IN BOOK 168, PAGE
182 OF DEEDS; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 72.75 FEET TO THE
SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 112.16 FEET TO THE
NORTHEASTERLY CORNER OF LAND DESCRIBED IN A DEED TO GEO. B.
MACGILLIVRAY, RECORDED DECEMBER 5, 1898 IN BOOK 41, PAGE 21 OF DEEDS;
THENCE WESTERLY TO THE NORTHWESTERLY CORNER OF SAID LAND OF GEO. B.
MACGILLIVRAY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND OF
GEO. B. MACGILLIVRAY TO THE NORTHEAST CORNER OF LAND DESCRIBED IN A DEED
TO DUNWARD F. BENDER AND WIFE, RECORDED FEBRUARY 26, 1941 IN BOOK 1084,
PAGE 52 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY LINE
OF SAID LAND OF DUNWARD F. BENDER, 112.00 FEET; THENCE NORTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 50.00 FEET TO A
LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 10.00 FEET FROM THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LAND OF HORACE L.
SKILES; THENCE EASTERLY ALONG SAID PARALLEL LINE, 7.00 FEET; THENCE
NORTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 10.00
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER A STRIP OF
LAND10.00 FEET WIDE, THE NORTHERLY LINE OF SAID 10.00 FOOT STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET DISTANT
NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH
THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1
OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF
OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING
THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES
AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL
RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF
HORACE L. SKILES AND ITS EASTERLY PROLONGATION, 167.00 FEET.
Ordinance No. NS -2920
Page 5 of 11
PARCEL 3:
THE WEST 50 FEET OF THE SOUTH 180 FEET OF THE FOLLOWING:
BEGINNING 15.53 CHAINS EAST OF THE SOUTHWEST CORNER OF SECTION 6,
TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN;
THENCE EAST 3.52 CHAINS, MORE OR LESS, TO THE WESTERLY LINE OF THE
SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY ALONG
SAID RESERVATION TO A POINT 6.21 CHAINS DUE NORTH OF THE SOUTH LINE OF
SAID SECTION 6, THENCE WEST 0.5 OF A CHAIN; THENCE SOUTH 6.21 CHAINS TO THE
POINT OF BEGINNING.
PARCEL4:
THAT PORTION OF THE LAND ALLOTTED TO GLASSELL AND CHAPMAN, IN DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF
JUDGEMENTS OF THE 17TM JUDICIAL DISTRICT COURT OF CALIFORNIA, AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO
JASPER FARNEY AND WIFE, RECORDED JANUARY 23, 1948 IN BOOK 1614, PAGE 124
OF OFFICIAL RECORDS, BEING ON THE SOUTH LINE OF SECTION SIX, TOWNSHIP FIVE
SOUTH, RANGE NINE WEST, IN SAID RANCHO AND DISTANT EASTERLY 1074.98 FEET
FROM THE SOUTHWEST CORNER OF SAID SECTION SIX; THENCE SOUTH 89° 18'00"
EAST 8.00 FEET ALONG THE SOUTH LINE OF SAID SECTION SIX; THENCE NORTH 0'25'
00" WEST 170.00 FEET; THENCE SOUTH 89° 18' 00" EAST TO THE WESTERLY LINE OF
THE SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY
ALONG SAID RESERVATION TO A POINT 409.86 FEET NORTH OF THE SOUTH LINE OF
SAID SECTION SIX; THENCE WEST 33.00 FEET; THENCE SOUTH 0° 25' 00" EAST 229.86
FEET ALONG THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO CHARLES A.
MANNING AND WIFE, RECORDED JUNE 3, 1941 IN BOOK 1095, PAGE 346 OF OFFICIAL
RECORDS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO CHARLES
LINGER AND OTHERS, RECORDED APRIL 30, 1953 IN BOOK 2495, PAGE 476 OF
OFFICIAL RECORDS; THENCE SOUTH 89° 18'00" EAST 50.00 FEET TO THE NORTHEAST
CORNER OF SAID LAND OF CHARLES LINGER; THENCE SOUTH 0° 25'00" EAST 180.00
FEET ALONG THE EAST LINE OF SAID LAND OF CHARLES LINGER AND ITS SOUTHERLY
PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH
40.00 FEET THEREOF INCLUDED WITHIN SEVENTEENTH STREET.
ALSO EXCEPTING FROM PARCELS 3 AND 4 THOSE PORTIONS INCLUDED WITHIN
PARCELS 1A AND 1B AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 160974, A CERTIFIED COPY OF WHICH
WAS RECORDED DECEMBER 13, 1972 IN BOOK 10469, PAGE 332 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 003-153-48
Ordinance No. NS -2920
Page 6 of 11
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Exhibit g
Ordinance No. NS -2920
Page 7 of 11
SPECIFIC DEVELOPMENT PLAN NO. 91
Aqua Permanent Supportive Housing Project
SECTION 1— APPLICABILITY OF ORDINANCE
The Specific Development zoning district No. 91 (SD -91) for the Aqua permanent
supportive housing project site is authorized by Chapter 41. Division 26 Section 41-593 et
seq. of the Santa Anna Municipal Code. SD No. 91 contains the specific standards and
regulations contained in the residential district, as hereat amended. for the puupose of
establishing land use regulations and standards. All other applicable chapters. articles, and
sections of the Santa Ana Municipal Code are in effect unless expressly superseded by
regulations contained in this ordinance.
SECTION 2 — PURPOSE
The Specific Development Plan No. 91 for the Aqua permanent supportive housing project
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.
The okiectives of the Aqua permanent supportive housing project specific
development plan include provision of the following:
1. Development of a residential project in an area identified by the 2014-
2021 Housing Element as all opportunity area for infill residential
projects.
2. Promotion of the City's image as providing high-quality residential projects for
individuals and families of all income groups.
3. A clean and safe environment for the City's residents. workers. and visitors.
4. A visually harmonious development as viewed both internally and
externally.
5. Flexibility in development in response to market conditions while achieving
overall City and community goals.
SECTION 3 —17ses permitted in Specific Development No. 91
The following uses are permitted in the SD -91 district:
(a) Fifty-six (56) nmiltiple-family dwelling units for supportive housing and one (1)
onsite manager's unit.
EXHIBIT C
Ordinance No. NS -2920
Page 8 of 11
(b) Ancillary onsite community -serving or social service uses. The lobby will be
accessible 24-hour a day to residents and staff.
(c) Home occupations, pursuant to section 41-192.1 of the Santa Ana Municipal
Code.
SECTION 4 — Uses subject to a conditional use permit in Speck Development No. 91
(a) Childcare facilities caring for more than eight (8), but no more than fourteen (14)
children.
SECTION 5 —Maximum permitted floor area ratio (FAR)
The maximum authorized building intensity for the Aqua permanent supportive housing
project is a floor area ratio (FAR) of 1.3, mcluding residential areas, community -serving
areas (e.g., laundry room, office, gym and community room), parking garage and interior
corridors.
SECTION 6—11inimum lot area in Specific Development No. 91
The developable lot for the project shall have a minimum lot area of .90 acres.
SECTION 7 — Minimum street frontage in Specific Development No. 91
Developable lots shall have a minimum street frontage of at least 58 feet.
SECTION'S — Building height in Specific Development No. 91
No structure shall exceed 45 feet in height, as measured from the lowest adjacent grade of a
structure to the top of the structure_
SECTION 9 — Development standards in Specific Development No. 91
The Aqua permanent supportive housing project shall be built as shown on the approved
project plans included as attachments to the SD_ The plans shall govern in the event there is
a conflict between the SD with the project plans. In addition, the following standards are
applicable to the project:
(a) Setbacks.
(1) A uuninmm setback of twelve (12) feet three (3) inches shall be provided
between the property line and buildings on Seventeenth Street
(2) A minimum setback of ten (10) feet shall be provided between the west side
property lines and buildings
(3) A minimum setback of zero (0) feet shall be provided between the east side
property lines and buildings
(4) A minimum setback of ten (10) feet nine (9) inches shall be provided
between the rear property line and buildings
Ordinance No. NS -2920
Page 9 of 11
(b) Parkung. The nummum off-street parking requirements for the project are as
follows:
(1) 36 total parking spaces, of which:
a. 8 parking spaces shall be tuck -under parking
b. 28 parking spaces shall be provided in an enclosed garage
(2) A minimum often (10) bicycle spaces shall be provided onsite.
The design and materials shall comply with the approved
materials board submitted for the project during building plan
check.
(3) Prior to occupancy a parking management plan shall be
submitted to the Planning Division for review, identifying
parking per unit, services provider parking and guest parking.
The plan is subject to approval of the Planning Manager.
(c) Pedestrian Walkways and Open Space. The project will provide a
minimum of ft open space in the form of conumou, landscaped
open space areas, deck, courtyard and lobby, mailroom, interior
community room, dining room, gym, computer room, laundry rooms,
service provider offices and onsite resident services office.
(d) Walls/Fences.
A solid block wall with a minimum height of six feet shall be
constructed along the east, north, and west property lines. The block
wall shall be designed to contain a decorative cap, regularly -spaced
decorative pilasters, and a decorative finish in accordance to the
design provisions contained within the most recent version of the
City's design guidelines.
(e) Landscaping
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 as required in the approved plans.
(1) Project Landscaping:
a. Landscaping shall be compliant with the City of Santa Ana's
Landscape Water Conservation Ordinance.
b. All landscape areas shall have a fully automatic irrigation
system (including spray or drip) as requ aed by the City of
Santa Landscape Water Conservation Ordinance.
(2) All meters shall be appropriately screened from public view with
trellis work and vines or hedge -type shrub, or be incorporated into
the residential structure.
(3) The building wall along the easterly property line shall be planted
with vines.
Ordinance No. NS -2920
Page 10 of 11
(4) Maintenance: All plant material shall be maintained per Section
41-609 of the Santa Ana Municipal Code.
(f) Architectural and Design Features -
(1) Exterior materials. Prior to building plan check the applicant
shall submit revised architectural elevations with additional
colors, materials, windows, or recessed areas to previously
flat facades, subject to the review and approval of the
Planning Manager. Exterior materials and finishes for the
project shall comply with the approved materials board
submitted for the project during building plan check. All
trash enclosures and similar ancillary structures shall match
the texture, material and color of the building_
(2) Hards�ca a materials. Enhanced paving materials shall be
installed it the driveway entrance and the pedestrian
walkway along the main driveway. The actual paving
materials shall be approved by the Planning Division.
(3) Lighting standards/fixtures. The light fixtures are to
integrate design elements of the building and landscape
architecture. Lighting is to be designed to confine the direct
rays of the artificial lighting within the boundaries of the
development. Specifications of light standards/fixtures and
photometrics plan shall be submitted to Planning Division
for approval.
(g) Mechanical Equipment, Appurtenances, and Conduits
All mechanical equipment and all supporting appurtenances and conduits shall
be screened from view within designated rooms, inside walls, behind parapets,
or through a combination of landscape and hardscape materials.
(h) Trash Enclosures
Trash bins shall be stored in designated trash enclosures. There shall be an
onsite designated trash staging areas only be used on service days and the
staging area and bins shall not disrupt vehicular use of the driveway. The
minimum requirements needed to service the location shall be clearly indicated
on the plans and subject to the approval of the Public Works Agency.
(i) Easements
Prior to the issuance of building permits all easements shall be relocated or
quitclaim within the boundary of the project and building footprints.
0) Maintenance
The property shall be maintained free for trash, debris and graffiti. Graffiti shall
be removed within ten (10) days after its appearance in accordance with Section
10-227 of the Santa Ana Municipal Code.
Ordinance No. NS -2920
Page 11 of 11