HomeMy WebLinkAboutNS-2784 - Amending North Harbor Specific Plan Zoning District - Rezone Property Located at 3417 West Fifth Street from Open Space to General CommercialORDINANCE NO. NS -2784
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING THE NORTH
HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT
TO REZONE THE PROPERTY LOCATED AT 3417
WEST FIFTH STREET FROM OPEN SPACE TO
GENERAL COMMERCIAL (ZOA NO. 2009 -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. The Applicant is requesting adoption and approval of the Mitigated
Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2006 -142, General Plan Amendment No.
2007 -03, and Zoning Ordinance Amendment No. 2009 -02 to allow
the construction of a medical office building to be located at 3417
West Fifth Street within the North Harbor Specific Plan (SP2).
C. On April 14, 2009, the Planning Commission held a duly noticed
public hearing and voted by a vote of 5:0 (Alderete abstained,
Gartner absent) to recommend that the City Council:
1. Approve and adopt Mitigated Negative Declaration and
Mitigation Monitoring Plan, Environmental Review No. 2006-
142.
2. Adopt a resolution approving General Plan Amendment No.
2007 -03.
3. Adopt an ordinance approving Zoning Ordinance Amendment
No. 2009 -02.
D. On May 18, 2009, 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.
E. Zoning Ordinance Amendment No. 2009 -02 has been filed to
rezone the property located at 3417 West Fifth Street which is
located within the North Harbor Specific Plan (SP2) from its current
zoning of Open Space (OS) to General Commercial (GC).
A. Mitigated Negative Declaration and Mitigation Monitoring Plan,
Environmental Review No. 2006 -142, came before the City Council
on May 18, 2009, and was approved and adopted by resolution at
Ordinance No. NS -2784
Page 1 of 5
that meeting. This ordinance incorporates by reference, as though
fully set forth herein, the resolution and said Mitigated Negative
Declaration and Mitigation Monitoring Program in support of this
ordinance.
Section 3. Attached hereto as Exhibit A and incorporated by this
reference as though fully set forth herein is the modification to the North Harbor
Specific Plan (SP2) which rezones the property located at 3417 West Fifth Street
from its current zoning of Open Space (OS) to General Commercial (GC).
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 any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this 1st day of June, 2009.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Mayor
By: %r
Kylee 0. Otto
Assistant City Attorney
AYES: Councilmembers Alvarez, Benavides Bustamante Martinez
Pulido. Tinajero (6)
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS -2784
Page 2 of 5
None (0)
Sarmiento (1)
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 -2784 to be the original ordinance adopted by the
City Council of the City of Santa Ana on June 1. 2009 and that said ordinance
was published in accordance with the Charter of the City of Santa na.
Date:
Clerk of the Coun I
City of Santa Ana
Ordinance No. NS -2784
Page 3 of 5
i
NORTH HARBOR
SPECIFIC PLAN
City of Santa Ana
Submitted By:
Planning and Building Agency
GPA 92 -7 /AA 1061/SP2
The following is a chronology of the approved zoning ordinance amendments that have been
incorporated into this document since it was adopted by Santa Ana City Council on May 16, 1994:
ZOA 2000 -02 (May 15, 2000, NS- 2428); ZOA 2007 -02 (August 6, 2007, NS- 2756); ZOA 2008 -02
(October 6, 2008, NS -2773) and ZOA 2009 -02 (June 1, 2009, NS- 2784).
Exhibit A
Ordinance No. NS -2784
Page 4 of 5
NORTH HARBOR SPECIFIC PLAN
Figure 3.1
Noah Haftr Specific Plan
Fin phasic Zones
l:
Ordinance No. NS -2784
Page 5 of 5