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Home My WebLink AboutNS-2960 - Approving Amendment Application No. 2018-8 Rezoning the Properties Located at 301 North Tustin Avenue, 325 North Tustin Avenue, and ...LS 11.20.18 ORDINANCE NO. NS -2960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-08 REZONING THE PROPERTIES LOCATED AT 301 NORTH TUSTIN AVENUE, 325 NORTH TUSTIN AVENUE, 401 NORTH TUSTIN AVENUE, AND 2320 EAST FOURTH STREET FROM THE PROFESSIONAL (P) TO THE GENERAL COMMERCIAL (C2) ZONING DISTRICT 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. Richard Finkel (Applicant), representing Russell Fischer LP, has filed Amendment Application No. 2018-08 with the City of Santa Ana to change the zoning designation of the parcels located at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2) in order to facilitate construction of a new multi -tenant commercial building with ancillary drive- through service at 301 North Tustin Avenue and a service station at 325 North Tustin Avenue, B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 401 North Tustin Avenue and 2320 East Fourth Street from Professional (P) to General Commercial (C2). C. General Plan Amendment No. 2018-05 was filed concurrently with the Amendment Application for consistency with the General Plan. D. On October 8, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-08 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-05. E. 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. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 20, 2018. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 20, 2018 accompanying this matter. Ordinance No. NS -2960 Page 1 of 3 H. For these reasons, and each of them, Amendment Application No. 2018-08 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 properties located at 301, 325 and 401 North Tustin Avenue and 2320 East Fourth Street and Amended Sectional District Map number 9-5-9 showing the above described change in use district designation (AA No. 2018-08). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission and Council Action dated October 8, 2018 and November 20, 2018, respectively 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 Mitigated Negative Declaration (Environmental Review No. 2016-156) 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. 2016- 156 meets all the requirements of CEQA. Section 4. The zoning designation of the real properties located at 301 North Tustin Avenue, 325 North Tustin Avenue, 401 North Tustin Avenue and 2320 East Fourth Street is hereby reclassified from Professional (P) to General Commercial (C2). 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. This ordinance shall not be effective unless and until Resolution No. 2018-081 (Environmental Review No. 2016-156 and General Plan Amendment No. 2018- 05) is adopted and becomes 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 further force 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 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. Ordinance No. NS -2960 Page 2 of 3 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 4t" day of December, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero, Villlegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Sarmiento (1) 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 -2960 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 4, 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: l �/!d 1 7vr S (4yl "' 1 ems- Maria D, Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2960 Page 3 of 3 RI 11TH ST cl rtx rt 4TH ST 7ANING DISTRICTS r m ....1 1 1 1 1• 1 1 1 1 1 1 1 1 1 1 i 1 I VINE BLVD 1 Al GENERAL AGRICULTURAL CSM SOUTH1VIANSTREETCOMME2CWLDST. R2 TV4O FAMLYRESIDFNCE -B PARKNGMODFICATDN C1 COWAUNITYCON4.ERCIAL GC GOVETNMENTCENTR R3 MULTIPLE-FAMILYRESDENCE -OZ OVENLAYZONE CAD COMMUNITY COMMERCIAL - MUSEUM DST. Mi LDHTWDUSTRIAL R4 SUBURBANAPARTMENT PRD PLANNEDRESDENR4L C2 GENERALCOMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE DEVE-OPM 04 PLANNEDSHOPPWGCePE2 O OPENSPACE ED SPECFICOEVELOPMENT -1-102 HBGHTDSTRCTU C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECFICPLAN CR COVAIMCIAL RESDEN IAL RI SINGLE-FAMLYRESDENCE SECTIONAL DISTRICT MAP: 9-5-9 e CITY OR SANTA ANA, CALIFORNIA M. 11C-6