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HomeMy WebLinkAboutNS-2478 - Santa Ana Municipal Relating to Exercise of Eminent Domain for Partial TAkes of Property and Establishing Landscaping Setbacksbk:9/18/01 ORDINANCE NO. NS-2478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 41-781 TO THE SANTA ANA MUNICIPAL CODE RELATING TO EXERCISE OF EMINENT DOMAIN FOR PARTIAL TAKES OF PROPERTY AND ESTABLISHING LANDSCAPING SETBACKS 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: The City's Charter provides, at section 200, that the City shall have all powers of a chartered city. Among these powers are the power of eminent domain. The City is currently, and in the future will continue to be, engaged in numerous partial taking of properties for purposes such as street widening and enhanced intersection projects. The City currently does not have an ordinance that sets forth policy for landscaping in the "after" condition; £e., after the partial taking of property. In only one cimumstance, the Bristol Street Specific Plan, has the City Council declared its intention that landscaping should be provided in the "after" condition following a partial taking of property. The purpose of the instant ordinance is to express the City's intention that in taking property that the City's policy and requirement is that landscaping, as provided by pre-existing appropriate zoning and land use requirements, be established on the property in the "after" condition. The City Council is aware that in certain limited circumstances, on a case by case basis, that establishing or re-establishing landscaping following a partial take may not be possible given budgetary restrictions. The City Manager is empowered to waive the new provision of this ordinance, with the Council's understanding that all litigation relating to partial takes must be initiated by the City Council, by means of a Resolution of Necessity, so that the Council will be able to review the matter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. 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 the California Ordinance No. NS-2478 Page lof3 Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCI=,") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resoumes or the ecological habitat upon which wildlife resoumes depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-781 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-781. Requirement of Landscape Strip As Part of Street Widening. (a) Whenever City acquires a portion of a parcel along street frontage for a street widening or other public works project, the City shall also acquire an interest in the real property sufficient to allow a landscape-only strip behind the sidewalk that is of a width that conforms to the then current City standard for the parcel. (b) The City Manager may authorize exceptions to this section on a case- by-case basis, in consultation with the City Council. Section 4. 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 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. ADOPTED this 1st day of October, 2001. Ordinance No. NS-2478 Page 2 of 3 AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney B~ n~'mi n 'K~ufman /Chi~'f Assistant City Attorney Alvarez, Bist, Christy, Franklin, McGuioan. Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF A'I-I'ESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2478 to be the original ordinance adopted by the City Council of the City of Santa Ana on October 1, 2001, and that said ordinance was published in accordance with the Charter of the City of Santa Aha. // Date: //~2/~__///Z:::) / ,~~?,~?-'~- Clerk of the Council City of Santa Ana Ordinance No. NS-2478 Page 3 of 3