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Home My WebLink AboutNS-2985 - Approving Amendment Application No. 2019-03 Rezoning Property Located at 813 North Euclid Street from Two-Family Residential (R-2) to Community Commercial (C-1)LS 3.17.20 ORDINANCE NO. NS-2985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO- FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) 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. 2019-03 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 813 North Euclid Street from Two -Family Residence (R-2) to Community Commercial (C-1), described in Exhibit A. B. The zoning designation of the Community commercial (C-1) would bring the rezoned property into consistency with the General Plan land use designation of General Commercial (GC). C. The zoning designation of the Community commercial (C-1) would facilitate the development of a 3,045-square foot convenience store and 1,800-square foot fueling canopy D. On February 10, 2020, the Planning Commission held a duly -noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-03. 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 March 17, 2020. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 17, 2020 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 03 is hereby found and determined to be consistent with the intent and Ordinance No. NS-2985 Page 1 of 5 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 recommended that the City Council adopt an ordinance rezoning the real property located at 813 North Euclid Street from Two -Family Residence (R-2) to Community Commercial (C-1), (AA No. 2019-03). Amended Sectional District Map number 9-5-10 showing the above described change in use district designation, is 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 March 17, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MIND), Environmental Review No. 2018-28 and Mitigation Monitoring and Reporting Program, 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. 2018- 28 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2020-020 (Environmental Review No. 2018-28) and (Amendment Application No. 2019- 03) 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 do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. 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. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such Ordinance No. NS-2985 Page 2 of 5 other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this 7t' day of April, 2020. Mig d Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:4 Lisa Storck Assistant City Attorney AYES Councilmembers: Bacerra, Penaloza, Pulido, Solorio Villeoas (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: 1-glesias, Sarmiento (2) Ordinance No. NS-2985 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-2985 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 7. 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: `f - 0 -Z&2 Ordinance No. NS-2985 Page 4 of 5 n Daisy omez Clerk of the Co, ncil City of Santa Ana —"— ....... 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FAWMSHOPPNGCFMIEN D OPENSPACE SO SPMFC MaOPMEHT -HOl HPYiHD..T. a ARLERWLCOWI OL P PROFESSANAL SP spEFcPLAN CR COMMRCNLRESO AL RI SNGLE FAIILVRESOENCE 2Z1 IAETRO EST OVERLAY ZONE SECTIONAL DISTRICT MAP: 9-5-10 CITY OF SANTA ANA, CALIFORNIA Exhibit: Ordinance No. NS-2985 Page 5 of 5 Al GMLAGRUULTURAL CSM SOUTHMANSTREETCOLIRIEPCWLOIST RZ TNO.FMILYRESIOENCE -S PARNNGMOOF TON Cl cOMWNNYCOM.fffi0.5L GC GOVEWAI@1TCEMFA M MNLTPLEFA YRESOG -OZ OVERLAYZCNE CVAO COMN COMIOiLML L.USWODIST. M1 LGHTNDNSi L N SUOORBANAPARTMENT -PAD PIANXF➢W3[IEMVLL CZ GENERPLCOMMERCAL W HEAVYW TWL RE RESGEMNLESTATE OWROPA . FAWMSHOPPNGCFMIEN D OPENSPACE SO SPMFC MaOPMEHT -HOl HPYiHD..T. a ARLERWLCOWI OL P PROFESSANAL SP spEFcPLAN CR COMMRCNLRESO AL RI SNGLE FAIILVRESOENCE 2Z1 IAETRO EST OVERLAY ZONE SECTIONAL DISTRICT MAP: 9-5-10 CITY OF SANTA ANA, CALIFORNIA Exhibit: Ordinance No. NS-2985 Page 5 of 5 Exhibit: Ordinance No. NS-2985 Page 5 of 5