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Home My WebLink AboutNS-2704 - Rezoning the Property Located at 2701 North Grand Avenue from Single-Family ORDINANCE NO. NS-2704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2701 NORTH GRAND AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2005-05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting approval of an amendment application No. 2005-05 to change the zoning designation from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a retail building with a Starbucks at 2701 North Grand Avenue. (AA No. 2005-05) B. On October 10, 2005, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Lutz absent) recommended that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262. 2. Adopt an ordinance approving Amendment Application No. 2005-05. C. On November 7,2005 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Amendment Application No. 2005-05 is consistent with the General Plan, including but not limited to its goals and policies to preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project is consistent with the purpose of the general plan. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 7, 2005 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2005-05 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. Ordinance NS-2704 Page 1 of 4 ORDINANCE NO. NS-2704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2701 NORTH GRAND AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2005-05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting approval of an amendment application No. 2005-05 to change the zoning designation from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a retail building with a Starbucks at 2701 North Grand Avenue. (AA No. 2005-05) B. On October 10, 2005, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Lutz absent) recommended that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262. 2. Adopt an ordinance approving Amendment Application No. 2005-05. C. On November 7,2005 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Amendment Application No. 2005-05 is consistent with the General Plan, including but not limited to its goals and policies to preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project is consistent with the purpose of the general plan. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 7, 2005 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2005-05 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. Ordinance NS-2704 Page 1 of 4 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. 2003-262 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 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") 9 735.5(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 9 711.2 and Title XIV, CCR 9 735.5(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 2701 North Grand Avenue is hereby reclassified from Single-Family Residence (R1) to Arterial Commercial (C5). (AA No. 2005-05) Amended Sectional District Map number 32-4-9 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. 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 21m_day of November, 2005. Ordinance NS-2704 Page 2 of4 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers: Bist. Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Alvarez, (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2704 to be the original ordinance adopted by the City Council of the City of Santa Ana on November 21 , 2005, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 1..2-;/o? / e~ Cle of the Council City of Santa Ana Ordinance NS-2704 Page 3 of 4 ~ ~~ ~ Clly 01 Orange 50-AI-7200 z J;; i= + .<<\ \.... o ~ cr; ~ 33~" 11m ITlI L____..! ~_____ FAIRHAVEN ....1 rm AVE. Zoning District ADOPTED BY RESOLUTION NO. 5166 BY THE S1.NTAANA PlANNING COf.AMISION PART Of ORDINANCE NO NS-394 ADOPTED BYTHE SANTA ANA CITY COUNCIL. AUGUST 17. 1959. SCALE IN FEET I '000 Al GENERAlAGFllCULTURAL .f! PARKING MODIFICATION Cl COMMUNfTY COMMERCIAL Cl.MO COMMUNfTY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS.ARTISTS' VILLAGE ~ PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAl. CR COMMERCIAL RESIDENTIAL C-SM GC MI M2 MO o P PCD PO PRO SOUTH MAIN STREET COMMERCIAL DISTRICT GOVERNMENT CENTER UGHT INDUSTRIAl. HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL ~EDCOMMUNfTYDEVELOPMENT Pl.M\'oIED DEVelOPMENT PLANNED RESIDENTIAL DEVELOPMENT RI SINGLE-FAMILY RESIDENCE Rl-4DOO SIIIALL LOT SlNGUE-FAMIL Y RESIDENCE R2 TWO-FAMIL Y RESIDENCE R3 MULTIPLE.FAMILY RESIDENCE R<I SI.BURBAN APARTMENT RE RESIDENTlAL ESTATE SO SPECIFIC DEVELOPMENT SP SPECIFIC PLAN 6(). MlNtMUM FRONTI\GE .eooo MINNUM lOT AREA ......'R_O'W' 8-10-05 THIS .....,.15 fHf: OFRCI,,- srCTlONAI. OlSmlCT........ OF 1104E till' Of SANTA AHA AS AUtHoRIZED BYQTTCOUfCII, RESOLUTION NO. 74'1tt3. DATED II-1H4.! HEREBY ATTUT llIATTHIS MAP IS A TAu~ COP'( Of 1'Hf ORIGINAl KC1'lONAI. DISTJlCT "AP NO. J2.4.. ~(:t- _FAEfLWl EXEClITNlEO.flECfOA COMWHlTy W;~LOPWENf I MCN.J&I<<i, N;BC'( c.r-..o.._S€.P1'EM8ER10.1~ - AU. ,........ I ANII'. NO ..,. ,... ...,.. .... .., om .... A.A..7. ORD./RE'$~ Ns.". ....... -. ....... ",,"OK .. N....41 ....... ....... NS-l103, "'111' AOOPTED GATE ,.., ~H2 10.15-<<1 12-H2 '...... 12.ao-a& 1-2. 2-17'" ...... 12-"M'3 '..... "",""""",0 ~(:t- EXHIBIT A