HomeMy WebLinkAbout11B - AA NO 2008-02 1501 W MACARTHUR BLVDORDINANCE NO. NS-2765
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROf~ERTY LOCATED AT
1501 WEST MACARTHUR BOULEVARD FROM TWO-
FAMILY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL
(C-2} (AA NO. 2008-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring Program, Environmental Review No.
2007-73, General Plan Amendment No. 2008-01, Amendment Application
No. 2008-02 and Variance No. 2008-03 to reduce the required building
setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to
allow the construction of two new buildings within an existing retail center at
1501 West MacArthur Boulevard.
B. On March 24, 2008, the Planning Commission held a duty noticed public
hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent)
to recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2007-73.
2. Adopt a resolution approving General Plan Amendment No. 2008-01.
3. Adopt an ordinance approving Amendment Application No. 2008-02.
4. Adopt a resolution approving Variance No. 2008-03 as conditioned.
C. On May 5, 2008, 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. 2008-02 has been filed with the City of Santa
Ana to rezone the property located at 1501 West MacArthur Boulevard from
Two-Family Residential (R-2) to General Commercial (C-2).
E. Amendment Application No. 2008-02 is consistent with the General Plan,
including but not limited to its goals and policies:
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1. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
2. Promote land uses which enhance the City's economic and fiscal
viability. Land Use Element Goal No. 2.0.
3. Support land uses with provide community and regional economic
and service benefits. Land Use Element Policy No. 4.3.
F. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project at 1501 West
Macarthur Boulevard is consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated May 5, 2008 accompanying this matter. For these
reasons, and each of them, Amendment Application No. 2008-02 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.
H. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2007-73, General Plan Amendment No. 2008-01,
and Variance No. 2008-03 came before the City Council on May 5, 2008 for
public hearing. This ordinance incorporates by reference, as though fully set
forth herein, the resolutions and the Mitigated Negative Declaration and
Mitigation Monitoring Program in support of this ordinance and the findings
made herein.
Section 2. The real property located at 1501 West Macarthur Boulevard is
hereby rezoned from Two-Family Residential (R-2) to General Commercial (C-2).
(AA No. 2008-02) Amended Sectional District Map number 35-5-10 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. This
decision is based upon the evidence submitted at the above said hearing, which
includes but is not limited to: the Request for Council Action dated May 5, 2008 and
exhibits attached thereto and the public testimony written and oral, all of which are
incorporated herein by this reference.
Section 3. 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.
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ADOPTED this day of , 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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