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HomeMy WebLinkAboutNS-1278 REL:nr 4/88 EXHIBIT NOT ATTACHED ORDINANCE NS-1278 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 728 FILED BY LYLE B. MITCHELL TO REZONE PROPERTY FROM THE R 1 DISTRICT TO THE R1-PD (PLANNED DEVELOPMENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 WHEREAS, the Planning Commission has given notice of and duly held a public hearing on Amendment Application No. 728, filed by Lyle B. Mitchell to rezone property generally located on the south side of Fruit Street and on the west side of Maybury Street from the R 1 District to the R1-PD (Planned Development) District and said Commission by its Resolution No. 6073 has recom- mended approval of said application; and WHEREAS, said Planning Commission has found that the R1-PD zoning would be in conformity with the City's General Plan and would be an asset to the City of Santa Ana; and WHEREAS, the City Council regularly held a public hearing on said reclassification on published notice required by law, and does now find that the public necessity, convenience, and general welfare require that said property be reclassified from the R-1 District to the R1-PD District in the City of Santa Ana, and that the new classification will not be detrimental to the surrounding property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the real property in the City of Santa Ana, County of Orange, California, described as: Commencing at the northeast corner of Parcel 2 of Parcel Map 5-43, thence northerly along the northerly extension of the west line of said parcel a distance of 30 feet to the centerline of Fruit Street, thence easterly along said centerline a distance of 30 feet to the intersection of said centerline with the center- line of Mabury Street, said intersection being the True Point of Beginning, the intersection of the center- lines of Fruit Street and Mabury Street also being the Northwest Corner of Lot 10 of the Mabury Tract, thence, leaving the True Point of Beginning, southerly along the centerline of Mabury Street a distance of 265.62 feet to a point in said centerline of Mabury Street, thence westerly along a line parallel to the center- line of Fruit Street a distance of 305.05 feet to a point in a line parallel to the centerline of Mabury Street, thence northerly along said last mentioned line a distance of 265.62 feet to the centerline of Fruit Street, thence easterly along said centerline of Fruit Street a distance of 305.05 feet to the True Point of Beginning. is hereby reclassified from the R-1 District to the R1-PD (Planned Development) District, and that Sectional District Map 8-5-9 is here- by amended to show said reclassification, in accordance with Exhibit A.A. 728-A. ORDINANCE NO. NS-1278 PAGE TWO SECTION 2: 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 compe- tent 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 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were com- mitted prior to the effective date hereof, nor be construed as affect- ing any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. PASSED AND ADOPTED by the Santa Ana at its regular day of September , 1975. City Council of the City of meeting held on the 15th ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. FLALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the2nd day of September , 1975, and was again considered by said Council at its regular meeting held on the 15th day of September , 1975, and was at said meeting passed '~nd adopted by the following vote, to wit: AYES, COUNCILMEN: Evans, Ward, Bricken, 0rtiz, Yamamoto, Garthe, Brandt NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None ORDINANCE NO. NS-1278 PAGE THREE APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY