HomeMy WebLinkAboutNS-2773 - Approving and Adopting a Negative Declaration for Environmental Review No. 2006-87 and Amending North Harbor Specific Plan...
ORDINANCE NO. NS-2773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AND ADOPTING A NEGATIVE
DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2006-
87 AND AMENDING THE NORTH HARBOR SPECIFIC
PLAN (SP2) ZONING DISTRICT TO REZONE THE
PROPERTY LOCATED AT 520 SOUTH HARBOR
BOULEVARD FROM SINGLE FAMILY RESIDENTIAL TO
GENERAL COMMERCIAL (ZOA 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 hereby finds, determines
and declares as follows:
A. The North Harbor Specific Plan (SP-2) was created in June 20, 1994.
B. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2006-87, Zoning Ordinance Amendment No.
2008-02 and Conditional Use Permit No. 2008-23 came before the
Planning Commission on August 11, 2008 for a duly noticed public
hearing. By a vote of 7:0, the Planning Commission voted to recommend
the City Council approve Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2006-87, Zoning
Ordinance Amendment No. 2008-02 and Conditional Use Permit No.
2008-23 as conditioned.
C. The City Council held a duly noticed public hearing on September 2, 2008
and at that time considered all testimony written or oral on Mitigated
Negative Declaration and Mitigation Monitoring Program, Environmental
Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and
Conditional Use Permit No. 2008-23.
D. Zoning Ordinance Amendment No. 2008-02 has been filed to change the
zoning of 520 South Harbor Boulevard which is located within the North
Harbor Specific Plan (SP-2) from its current zoning of single family
residential and general commercial to general commercial.
Section 2. The City Council has reviewed and considered the information
contained in the initial study, the mitigated negative declaration, and mitigation
monitoring program for Environmental Review No. 2006-87, 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
mitigated negative declaration adequately addresses the expected environmental
impacts of this Project. On the basis of this review, the City Council finds that there is
Ordinance No. NS-2773
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no evidence from which it can be fairly argued that the Project will have a significant
adverse effect on the environment which have not been mitigated. 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") ~ 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
changes the zoning of 520 South Harbor Boulevard from its current zoning of single
family residential and general commercial to general commercial.
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 (If 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. 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 October, 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By /;/ It (
~Ie O.Ottd' '
,Assistant City Attorney
Ordinance No. NS-2773
Page 2 of 5
AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez,
Pulido. Sarmiento. Tinaiero (7)
NOES: Council members: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Council members: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2773 to be the original ordinance adopted by the City
Council of the City of Santa Ana on October 6. 2008, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
/t'~j/t)Y
I
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2773
Page 3 of 5
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EXHIBIT A
Ordinance No. NS-2773
Page 4 of 5
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Figure 3.1
North Harbor Specific phm
Emph:lsis Zones
Ordinance No. NS-2773
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