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Home My WebLink AboutNS-2756 - Approving and Adopting a Negative Declaration for Environmental Review No. 2004-158 ... ORDINANCE NO. NS-2756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2004- 158 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO ALLOW TRANSIENT/RESIDENTIAL HOTEL USES WITH A CONDITIONAL USE PERMIT (ZOA NO. 2007-02) 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. The North Harbor Specific Plan (SP2) was created in June 20, 1994. B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration, Environmental Review No. 2004-158, prepared with respect to this Project. 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 Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration 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 negative declaration and directs that the Notice of Determination be Ordinance No. NS-2756 Page 1 of 4 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. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which allows transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit. 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. Section 5. All provisions of the North Harbor Specific Plan (SP2), which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 6th day of Auaust. 2007. Ordinance No. NS-2756 Page 2 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /) By: /J Kylee Assi AYES: Councilmembers Pulido. Alvarez. Bustamante, Martinez, Sarmiento, Tinaiero (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Benavides (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-2756 to be the original ordinance adopted by the City Council of the City of Santa Ana on AUQust 6. 2007, and that said ordinan e was published in accordance with the Charter of the City of Santa Ana. Date: ?hv/tD? , I Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2756 Page 3 of 4 . Flomt shops . FlUlumre !olales . Grocery s.tores. . Home impro\"ement ..torer:; . lev.el!y store,> . Office. busmess machine and computer 'itore.. . P-e-t ..hops and 'iupplies . Specialty fe-tad stores . Spomng goods stores . V Miety stores . Other uses of a sinular operation or nature Offices, including: . Adnunt..tratlve ..en1.ces. . BU'ilnt'''s~'lCe'i . DeslgIl. architecntral or planflUlg ser\1.ces . Financial inshtuhon.. . Medical and dental office.. . Profe<;sioual seI"w"ices . Veterinary offices . Other ur.es of a !;imilt'lf operation or nature 3 Cinema (iudooc) excluding "adult-only" 4.Pubhc fucilitier. and offices 3.5.2 Conditionally Pf'nnittf'd r~M Tb.e- fOUOWlllg u!oe<;- may be pennttted ;ubjeet to the 1~~l1anCe of a conditional lI!>e permit pun.uant to the Santa Au.1 Mluuclpal Code: 1. Dnve-duough faclhtie~ whethef part of another pemutted me. it conditionallv pennitted u<;('. or a<; n separate faclhry 2. Parkl1lg struchues 3 Service and/or ga'ioline s.rations. 4- Re-sumra11Ts and olhe1" eating establishment. lI1duding take-out. but not indudmg drive- through facilitie'i 5. Pubhc dance halli;. nnd public dance places with or without a cover change 6 Tran;lentires.idenflaI hotels. as defined w SectlOIl 41-139 of the Santa A,na MUlllClpal Cod< 3.5.3 ~Iinimum Lot Sin and DimiE'usiou~ The nunimum Size of allY devdopmmt propo\al shall be 15 000 grO\'> ,>quare feet. The lUlll1tl1UIlllot frontage <;oball be 120 f~t on a public right-of-way $eparately-ov.rned units of real property mil)' be delffiled a single lot for the purpose of this. ~ectiOll If t~y are subjecl to condihons. covenants and restrictions. and redprocal eaSl"Illents of acc~s that provide for unified respoo'ilbiltty for vehide acc~". parking. landscaping and signage Exhibit A Ordinance No. NS-2756 Page 4 of4 Adjacent parcels WIder the same o\lmeriliip shall be combined and de'veloped under one I>ite plan or other de'velopment permit. 3.5.4 Special Rf'quinmf'uts 1. The follov.ring itt'tUS sh..-ill be screened from VIew frOID any arterial or collector ..tteet: . Loading docks. !.efvice bay'>. garage docm.. and loading area!; . Utility meters . Mechanical equipment . Tra!oh'itorage 2, The design of all devttopment ,,,i,tllln the General Commercial Dio;,trict shall be mch that !.ignificant buildmg arcbitectlual and landscape elements are present on all bmlding elncaholls 3.5.5 DESIGX STA1'iIJARDS Refer to Chapters 5- and 6 for De!;igll and ~velopmenl Standard.<;o. 3.6 E:\lERTAINMEXT The Entertauunent District IS intenck-d to provide an area along Harbor Boulevard !;pecifically set aside fOI private. profit.making recreation and family entertainment activitier. snch as restaurants. skating rinks. theateI"'>. or night club... Development in thi.. dismct should be well integrated ,1"th Santa Anita P.uk \\o1th \hared acces!> wbere posl>ible and mtegrated pede!.trian circulation. Thl!; land ul>e de!;iguatlon lS concentrated in the wid block area between First S~et aud McFaddel1 AVll'ntl\! and fonns the ceutral focus for the Gelle1"al Commercial zone. Typical land w;.e!; witlun tlus. zone include re.<;taurants, theaten;, movie the,1t~. health lelsme c1uhs.. night dub!>. comm1.111ity centers. urban open space including outdoor di..pla)' and entfflainmmt areas. and other lelSlue nrn\1.tie,> 3.6.1 Ps.s Pf'nnitted 1. Healtb dub.. 2. Ice skating and roller S.kalwg nnks 3. ~1iniature golf COUl"!>es. and driY'ing range.. 4. Batting cages 5. Cwema (indoor) exc1udmg '.adult-only" 6. Museunls and other publicly or 110t~for- profit operated cultural or smUlar 111StltUtlons 7. Live theater