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Home My WebLink About11C - 107 N HESPERIAN ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 107 NORTH HESPERIAN STREET FROM TWO-FAMILY RESIDENCE (R2) TO TWO-FAMILY RESIDENCE WITH "B" SUFFIX (R2-B) (AA 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 does hereby find, determine and declare as follows: A. Applicant is requesting approval of Amendment Application No. 2009-02 to change the zoning designation of the parcel located at 107 North Hesperian Street Avenue from Two-Family Residence (R2) to Two-Family Residence with "B" Suffix (R2-B), which would allow use of the parcel as parking to support development on the remaining properly which is part of this project. B. On October 12, 2009, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009-02 for the property located at located at 107 North Hesperian Street. 2. Approve a conditional use permit as conditioned (No. 2009-20) and variance as conditioned (No. 2009-08), to permit development of a new two-story mixed use office and three-unit residential building at 1331 West First Street. C. The zoning designation of Two-Family Residential, B Suffix (R2-B) will allow the parcel on Hesperian Street to be devoted to parking for the project. D. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that this proposed project is consistent with the purpose of the general plan. E. The City Council also adopts as findings all facts presented in the Requests for Council Action dated November 2, 2009 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2009-02 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. 11C-1 F. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009-83 will be filed for this project. Section 2. The real property located at located at 107 North Hesperian Street Avenue is hereby rezoned from Two-Family Residence (R2) to Two-Family Residence with "B" Suffix (R2-B),. (AA No. 2009-02) Amended Sectional District Map number 11-15-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. 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. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11 C-2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 11 C-3 WESTMINSTER ,,,T,: sT.. AVE. J l" ~ i I I I L u l - 4 q3' a. Q~ R2 F FI R1 ' Rt ~PP/ - D_ kc nl.. .r~ y R. T: Ft al R2 rl-„ F.I_',~ R1 ~ 31 1_~.~Y - R1 FI - R1 P.' ri7 Rt n1 :cl -R_ . R1 a, r R2 R1 R1 RI R? R1 iRl F, ' Rt R• r C. .f p. V R1 R' ~3 F Q,~ R2 ~ R1 R~ Q~~~'~~ Q~ M1 RI' - R1 R2 R2 R? 0 R•, Rt . 1 H[ ~ R? 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I:'M1.S H.1 ti.,HUHNAN AI'AkI MtM1I .s ro - i_.r.- ~ A f 'V fA' fi;i~INCS- 4RTIS'S VII I Alf cl ;~I.N ~='Af;E. : f!f Rf.~InCNT'A. ~R~A'f ~'_ANNL ~tifl(:f'~ly"CcNIL-+ lL '~JL`Y~AY LCNL SU S L II UCVL_:Ji'MLNI ~~U ' y AHtf A (:(:MMhWAi F '~F'nl F-ti4l:NAl ~I' tir..:IFIC: I'LAh '-'r -r+~ r e. ~ - li i:Ml iF ~~f'. A ~ ~ ~If,f ".I IP.I P~ I'I 1N. . U ''/.;h•M I,N. I'~ :C'?I I f:F'IJ'ti' . l - - F At.: A .AA",-_ A.:.:x.. AA-•. Ap.: _,h I - r 1 I I - I7 -T r - S.~+e' S VS.i N IS M1 .;N 14h lA - _ t.,~ rF•r .--:r- s.~ r.1 ~ e! In.e', ..c e~~ .~~..:.er a I T TI • • , • • • , PHEPAHEU E3Y TIIE PLANNING DIVISION CITY OF SANTA ANA. CALIFORNIA .+p vrsc;; _~+av tir EXHIBIT 1 11 C-4