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Home My WebLink AboutNS-3000 - Approving Amendment Application No. 2020-02 Rezoning Various PropertiesLS 10.26.20 ORDINANCE NO, NS-3000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2020-02 REZONING THE PROPERTIES LOCATED AT 4310, 4314, 4318, 4322, 4326 AND 4330 WEST FIFTH STREET; 113, 117, 121, 201, 203, 207, 211, 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, 241, 243, 245, 247, 301 AND 305 NORTH MOUNTAIN VIEW STREET; AND 4311 WEST FIRSTSTREET 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. Steve Jones with Olympia Capital Corporation, representing Mountain View Real Estate Investments, LLC. ("Applicant') is requesting approval of Amendment Application (AA) No. 2020-02 to change the zoning designation of the properties located at 301 and 305 North Mountain View Street from General Agricultural (Al) to Two -Family Residence (R2) in order to facilitate construction of an 8-unit condominium development. B. In addition, the City of Santa Ana is proposing to change the land use designation of the properties located at 4310, 4314, 4318, 4322, 4326 and 4330 West Fifth Street, 4311 West First Street and 113, 117, 121, 201, 203, 207 and 211 North Mountain View Street from Al to Single -Family Residence (R1); and 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, 241, 243, 245 and 247 North Mountain View Street from Suburban Apartment (R4) to R2. C. On October 26, 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. 2020-02 which is consistent with the General Plan land use designation of the subject properties. 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 December 1, 2020. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated December 1, 2020, accompanying this matter. Ordinance No. NS-3000 Pagel of 5 G. For these reasons, and each of them, Amendment Application No. 2020-02 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 Mitigated Negative Declaration (Environmental Review No. 2018-83) 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- 83 meets all the requirements of CEQA. Section 4. 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 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2020-02. 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 October 26, 2020, the Request for Council Action dated December 1, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. The City Council approves AA No. 2020-02 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Zoning Map shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. B. The Amendment Application shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2018-83 and General Plan Amendment (GPA) No. 2020-04 are adopted by the City Council. Section 7. 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, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and Ordinance No. NS-3000 Page 2 of 5 such 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. Section 8. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this 15th day of December, 2020. M4 Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney -�-, By: Lisa Storck Assistant City Attorney AYES: Councilmembers Bacerra, Hernandez, Lopez Mendoza Penaloza, Phan. Sarmiento (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) Ordinance No. NS-3000 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-3000 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 15, 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: c� Daisy Gomez ' Clerk of the Council City of Santa Ana Ordinance No. NS-3000 Page 4 of 5 EXHIBIT A .._..-.._.._.._...,..�.._;- n P 7 L.. R,....._,. ,.... s- , ml w2on fll • Pf r�.e[.on ± S P� P N� a.et•,.. quart t. Y WHA MAV.WPSAV WNAIARG NV 4j3�m fl �.um .off- IFn 1 11 bN PI s s �� uePo I a . , ;�1 w ' 0.f ' eTh Ot le` i' Plttvnu umw P' 1 � A4MY O Ri [t � ,w Cl Ne,U PI 3 - p WI$TST9 b6xsps= --- MCD++e mnvm x3-pbti ZONING DISTRICTS At G@IEMLAGRICULTVRAL C$M SOUTH MAN STREETCOPII.IL]tCNL DOT. R] NIO-FgMLYR6OENCE -8 pAK WGMOOFCFTpq Ct co-" COl0.ffACML 6C OOVERNA�FRCENieR R9 MNLWLEFAMLYRE V9H -OZ OVMR YZONE DIM C2 CONMJN?v COLIM6tCML-MI5.... OBiHULCONNERCNL T. M1 W LGHTNWSTP.L HE WNWSTRML Ri RE SU .ANAPRRTMENT RES,F LESTAM -PRO PLANNEDRESJD N l OEVELOPU6 G P LANNEDSXOPPNGCBRFN O OPENSPACE SO SPECFCGLVELOPNENT -XD2 XEANTOGTRICTL CS ARTQiMLCOMMFALWL P PROFESSON/J_ $P $PELFILFLAN CR LOMI.Q3CNLRESO'cNTKL RI SNGLEFANLYRESO CE OZI MMD.STOV YZONE �j SECTIONAL DISTRICT MAP: 9-5-10 e CITY OF SANTA ANA. CALIFORNIA Ordinance No. NS-3000 Page 5 of 5