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Home My WebLink AboutNS-2659 - Rezoning Properties Located at 517 North Euclid Street and 5117 West Fifth Street ... 8 ORDINANCE NO. NS-2659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTIES LOCATED AT 517 NORTH EUCLID STREET AND 5117 WEST FIFTH STREET (AA NO. 2004-04) FROM ARTERIAL COMMERCIAL (C5) AND TWO-FAMILY RESIDENCE (R2) TO SINGLE-FAMILY RESIDENCE (R1) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 8 Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant filed Amendment Application No. 2004-04 to change the zoning designation from Arterial Commercial (C5) and Two-Family Residence (R2) to Single-Family Residence (R1) and a tentative tract map to allow a subdivision to construct six single-family residences at 517 North Euclid Street and 5117 West Fifth Street. On July 26, 2004, the Planning Commission held a duly noticed public hearing, and voted 6:0 (Lutz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-22. Adopt an ordinance approving Amendment Application No. 2004-04. Adopt a resolution approving Tentative Tract Map No. 2004-04 (County Map No. 16636) as conditioned. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions on August 16, 2004, and has considered all testimony, written and oral. Amendment Application No. 2004-04 is hereby found and determined 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 City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2004-22 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program 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. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination B. 2. 3. C. D. 8 Ordinance No. NS-2659 Page 1 of 4 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 ("CCR") § 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 resources or the ecological habitat upon which wildlife resources 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. The real property located at 517 North Euclid Street and 5117 West Fifth Street in Santa Ana is hereby reclassified from Arterial Commercial (C5) and Two- Family Residence (R2) to Single-Family Residence (R1). Amended Sectional District Map number 9-5-10, showing the above described change 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 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. 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 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 7th day of August, 2004. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney J/ Ordinance No. NS-2659 Page 2 of 4 8 8 8 AYES: NOES: ABSTAIN: Councilmembers: Alvarez. Bist, Christy. Franklin, Pulido (5) Councilmembers: None (0) Councilmembers: None (0) NOT PRESENT: Councilmembers: Garcia. Solorio (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2659 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 7. 2004, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: /o/~/~Ý I lerk of the Council City of Santa Ana Ordinance No. NS-2659 Page 3 of 4 ... (seVSNTEENn1 ST.) AVE. ó ~ IC ,oIi,\ta ..,,-'I ... I/) 51'-? ] ] OJ C1 :::¡ ~] ] ..~ ,. 0' ~---~~~~~-------- -----f-'-'>'r"--!(--_..~ ... t ::,~ '" if 1, (;:~~----~. ~\. / !I ¡I ---~--;i:~~«__L~:~:' SP.2 i ! C2 ~..s.. t 'i ~"'1 T (*-.. .~.1:! ST. " .t f ll,:"'<->'"''J' i; Zoning District N FIt 00 51' fl\AlíNfO II£$IÐI!NTiM. OE'IIØ.-'t -.H.w"YÆ_W. IJW1EDlM-l'IU'NoIt Y A£S. ..- OC!<SIyv.. UtTA[ FMiIY I1ESl0IiH1IJo. ~_WOIrs I1fALU1AT[ SI'(($I(; III'IItil000i'l'l SP£flAC PUll ~.""HØ I I T--! . - If). ~~f~ '... ~i.OTl#JIIi)o ---- . H~' "''''''.JMlc:mtMi.~ ~f"'(,¡#J!o:E-~(if"""'.-- ,,~.(,jf'(~ ~,",*IiID::u-....~1fþn,.....,1 ...,..,.nøTfjI<AffHt.tiW.4UQ ~Qt"~*'~Þ4fIíé1 lIW"iG. UfI. 0D0I'fr0'" ntSD.UTO<III!) 1'116'" w: _rt - !'l_'fIGCOIAt'SOI PAM Of-[lC!. _AIIOI'1'£O'Y1I€~f."'C1TV~,-! II. "III, GÐ<t1W. oGI'IoCUl TUllE . I>AAI<IIiG ~tlOH CoSIO COiI8o'(I'ICi.'tSOOTM- C' ~(X)YM£ACIAl C,1Ið COiI8o' (XIoIIoItAClAl_VM Cl$TAIi:;t Cl GOENI_AtIAi C3 rs- flU$lNfS$ G,H œonlW. _$$._161 ""'1"';( co PI_EOs>~r- cs ,~ œ "'\ ~ Il1O 0 > !'Co AATt"""~ COiI8o'Ø!Cw. /IUIOØfI1O\I. Q()'Jf~œfffill 11(1U'! WOUStlliAI. ":ÁV'I--- ....¡tAR~_T¡()$ CPIiJj 1lil'K:S -- "'-""'ffi~)"rrY OfVnCAÆIIT fI1IO ~I IV: 1\3 EXHIBIT A Ordinance No. NS-2659 Page 4 of 4