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Home My WebLink AboutNS-2974 - Approving Amendment Application No. 2018-07 Pre-Zoning the Properties Located Within an Unincorporated County Island Proposed for Annexation...LS 9.3.19 ORDINANCE NO. NS-2974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PRE -ZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 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. The City of Santa Ana (City) is requesting approval of Amendment Application No. 2018-07 to amend the zoning designation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange and within the sphere of influence of the City of Santa Ana. B. General Plan Amendment No. 2018-04 was filed concurrently with the Amendment Application for consistency with the General Plan to incorporate into the City's various General Plan elements. C. On December 10, 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. 2018-07 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-04. D. The City Council has reviewed applicable general plan policies and has determined that this proposed pre -zoning 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 September 3, 2019. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 3, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018-07 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing of the zoning districts has been 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. Ordinance No. NS-2974 Page 1 of 5 Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance pre -zoning the real properties generally located at the northeast corner of Seventeenth Street and Tustin Avenue and Amended Sectional District Map number 4-5-9 showing the above described change in use district designation (AA No. 2018-07). 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 December 10, 2018 and September 3, 2019, respectively and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities such as public and private structures developed to the density allowed by the pre -zoning of the City. The proposed annexation area is developed to the density allowed by the current zoning or pre -zoning, with the extension of utility services having the capacity to serve only the existing facilities. More specifically, the proposed annexation will consist of the 24.78- acre parcels of land in its entirety that includes private residential and commercial structures as well as three vacant parcels of land that are located at the southwest section of the annexation area. As the annexation area is developed to the density allowed by both the current zoning of the County and the pre -zoning designations proposed by the City, and no new utility services are proposed for the existing structures within the annexation area as part of this project, the Class 19 exemption is applicable to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA, a categorical exemption 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 therefore, it is categorically exempt from the requirement for the preparation of environmental documents. Based on this analysis, a Notice of Exemption for Environmental Review No. will be filed for this project. Section 4. The zoning designation of the real properties generally located within the 24.78-acre County island at the northeast corner of Seventeenth Street and Tustin Avenue shall be reclassified from the County's Local Business (C-1) and Single - Family Dwellings (R-1) designations to Community Commercial (Cl), Single - Family Residence (R-1) and Two -Family Residence (R-2). An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit 1 and incorporated by this reference as though fully set forth herein. Section 5. This ordinance shall not be effective unless and until Resolution No. 2019-079 (Environmental Review No. 2018-89 and General Plan Amendment No. 2018- 04) 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 Ordinance No. NS-2974 Page 2 of 5 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 6. This ordinance shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution 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 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. ADOPTED this 17th day of September, 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:!`.OYr�� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers *Ward 4 Representative Vacant Iglesias, Penaloza, Pulido Solorio, Villegas (5) None (0) None (0) Sarmiento (1) Ordinance No. NS-2974 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2974 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 17, 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City of Santa Ana Ordinance No. NS-2974 Page 4 of 5 i"—••--•FAIRHAVEN q/ ,___,_ j Q, w. F N I SANTA CLARA AV j w,u.ew - iu5 y yeH,no.vE� � - o• �,v..o.,,. v cs cs a. - :aa 9i � v.aac � . Ai `s 41 g nI F i 2 e .war c� Ar Al ICI \ C� I yy 17TH ST P 1a 45.9 Pmr �.n A..Y:C ZONING DISTRICTS Al GEIERALAGRICULTURAL CSIA SOUTH 6WINSTREETCOBPEKAL DIST. R2 TNO-FAaILYRESIDENCE -D PARKNGWODFI TION Ca CDEWU. ttCONW.ERCNL GC GOVERNM-'J.TCEIREt RO NULTPLE-FAULYRESIOENCE -02 OVERLAY20NE C9dD CONN1UI'm COMMERCIAL - NIUSEUM DIST, NI LIGHTMICUSTRWL RI SU9URSANAPARTWENT PLAPNdEDRESIDENTWL PRD OPIEIOPMENT C2 GENERAL CONVAMIAL M2 HELW IHWSTRWL RE RESIDENTIALESTATE Cd PLANNED SHOPPING CB4ER 0 OPEPISPACE SO SPECFCONELOPMEYT -H02 HEIGHT DGTRCTI CS A RTERIAL COMNIERML PROFESS:ON>L SP SPECIPEPLAN CR CONNERCALRESIDE47M RI SINGLE-FMA9.YP.ESIOE4E SECTIONAL DISTRICT MAP: 4-5-9 CITY OF SANTA ANA, CALIFORNIA Exhibit: EXHIBIT 1 Ordinance No. NS-2974 Page 5 of 5