Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 2024-01 AMENDING THE ZONING FOR THE
PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA
CLARA AVENUE (APN: 396-261-26 AND 396-261-38) FROM
GENERAL AGRICULTURAL (A1 ) TO ARTERIAL
COMMERCIAL (C5)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner) is requesting approval of Amendment Application (AA) No. 2024-01 to change the zoning designation of the properties located at 2101 and 2109 E. Santa Clara Avenue (APN: 396 -261-26 AND 396 -261-38) from General Agricultural (A1) to Arterial Commercial (C5) in order to facilitate the eating establishment with a drive-through operations.
B. Chapter 41, Article I, Division 1, Section 41 -1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time.
C. On April 19, 2022, the City adopted the General Plan Update , which went into effect on May 26, 2022. The General Plan designation for this property is General Commercial (GC).
D. The entire project as cur rently proposed entails a request for approval of Conditional Use Permit No. 2024 -01, to allow a restaurant with drive - through window service.
Ordinance No. NS-XXXX
E. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of Amendment Application No. 2024-01 is consistent with the General Plan, including, but not limited to, the General Plan Designation of General Commercial as well its goals and policies, as follows:
• Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa Ana’s diverse needs
o Policy 2.2 Capture Local Spending – Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities.
o Policy 2.6 Encourage Investment – Promote rehabilitation of properties and encourage increased levels of capital
investment to create a safe and attractive environment. o Policy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana
The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offerin g employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throug hout. Lastly, the project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment.
• Goal LU -3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development – Ensure that the scale and massing of new development is compatible and
harmonious with the surrounding built environment.
o Policy 3.7 Attractive Environment – Promote a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors.
The project is consistent with Goal LU -3 and Policies 3.4 and 3.7, as the improvements would preserve the character of the existing commercial area. The scale and massing of the new project is to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements th e existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and Ordinance No. NS-XXXX
groundcover, which would furthe r help enhanced the viability of the commercial center, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors.
• Goal EP -1: Job Creation and Retention – Foster a dynamic l ocal economy that provides and create employment opportunities for all residents in the City.
o Policy 1.2 Attract Business – Promote new and retain existing job-producing businesses that provide living -wage
employment opportunities.
The project is consis tent with Goal EP -1 and Policy 1.2, as the improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents.
• Goal EP -3: Business Friendly Environment – Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities.
o Policy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facil itate additional development and investment in the community.
o Policy 3.8 Comprehensive Analysis of Land Use – Pursue a balance of fiscal and qualitative community benefits when making land use decisions.
The project would be consistent with Goal EP -3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single -family residences and promotes a new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business en vironment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area.
F. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2 -153, including public notification and hosting of required community meetings.
Materials resulting from the meetings were subsequently posted to the City’s webpage for the project.
G. On February 26, 2024, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2024-01.
Ordinance No. NS-XXXX
H. For the reasons contained herein, and each of them, Amendment Application No. 2024-01 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 Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-16). Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated N egative Declaration (IS/MND) has been prepared for the project. The purpose of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the project’s construction and operation. Moreover , the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation me asures that will lessen or avoid potentially significant project impacts on the environment.
The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQ A Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant.
• MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County -certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary.
• MM GEO -1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities.
• MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. • MM HAZ -2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site.
• MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor.
Ordinance No. NS-XXXX
• MM TCR -2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. • MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur.
The IS/MND’s analysis determined that the above -mentioned environmental categories would cause no substantial adverse change to the enviro nment with the inclusion of the enforceable mitigation measures, that would be adopted by the City.
Historic or Cultural Significance
Two built environment resources over 45 years old were identified within the project site:
2101 and 2109 Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectur al merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA.
Traffic Impacts
The project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue).
As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa Ana’s significance criteria, and no traffic signal is warranted for either intersection. In addition, the Transportation Analysis performed a drive -through analysis to determine if the proposed circulation plan provided adequate on -site drive- through storage capacity to accommodate the peak on -site vehicle demand. Ultimately, the drive -through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project.
The IS/MND’s Notice of Intent (NOI) was posted to the County Clerk on January 12, 2024, for the required 20 -day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. As of thi s printing, no comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023 -16 will be filed for this Ordinance No. NS-XXXX
project.
Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2024 -01 changing the zoning designation of the properties located at 2101 and 2109 E. Santa Clara Avenue (APN: 396-261-26 and 396-261-38) from General Agricultural (A1) to Arterial Commercial (C5). This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission Action dated February 26, 2024 and exhibits attached hereto; and the public t estimony, written and oral, all of which are incorporated herein by this reference.
Section 5. An amended Sectional District Map, showing the above described changes 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 6. 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.
Section 7. This ordinance shall become effective thirty (30) days after its adoption.
Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this day of , 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
Ordinance No. NS-XXXX
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
City Clerk
City of Santa Ana
Ordinance No. NS-XXXX
Exhibit A