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Home My WebLink AboutNS-2939 - Approving Mitigated Negative Declaration Environmental Review No. 2017-96, and Approving Amendment Application No. 2017-02 Rezoning the Property Located at 2056 and 2058 North Bush Street...ORDINANCE NO. NS -2939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2017-96, AND APPROVING AMENDMENT APPLICATION NO. 2017- 02 REZONING THE PROPERTY LOCATED AT 2056 AND 2058 NORTH BUSH STREET FROM PROFESSIONAL (P) TO COMMUNITY COMMERCIAL -MUSEUM DISTRICT (C1 - MD) 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. Net Development Company, hereinafter referred as "Applicant," has filed Amendment Application No. 2017-02 with the City of Santa Ana to change the zoning designation of approximately 0.5 -acre properties located at 2056 and 2058 North Bush Street from Professional (P) to Community Commercial -Museum District (C1 -MD). B. The zoning designation of Community Commercial -Museum District (C1 -MD) is consistent with the General Plan land use designation of District Center (DC). District Centers are designed to serve as anchors to the City's commercial corridors and to accommodate major development activity. C. The new zoning designation (C1 -MD) for the entire development site at 2056 and 2058 North Main Street is consistent with the proposed development project and the properties currently zoned C1 -MD in the immediate vicinity of the project site. D. On December 11, 2017, the Planning Commission held a duly noticed public hearing and voted to continue the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property, and review of the security measures. E. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. Ordinance No. NS -2939 Page 1 of 5 F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on February 20, 2018. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. H. The City Council hereby adopts as findings all facts presented in the Request for Council Action dated February 20, 2018 accompanying this matter. I. For these reasons, Amendment Application No. 2017-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND)/Environmental Review No. 2017-96, 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 MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that with the implementation of the Mitigation Monitoring and Reporting Program 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 MND 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 significant 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. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The real property located at 2056 and 2058 North Bush Street in Santa Ana is hereby reclassified from Professional (P) to Community Commercial - Museum District (C1 -MD). Amended Sectional District Map number 6-5-9, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. 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 Ordinance No. NS -2939 Page 2 of 5 remaining portions of the 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 Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. ADOPTED this 20th day of March, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: [�e' C— - L si Storck Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Sarmiento, Solorio, Tinaiero, Villegas (6) NOES: Councilmembers ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido (1) Ordinance No. NS -2939 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2939 to be the original ordinance adopted by the City Council of the City of Santa Ana on March 20, 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date:i Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2939 Page 4 of 5 Ty 35d -n T-49 -Rqn w N y ORY LN i Al FAIRHAVEN AV o f ' flI i fgg CI i rux[.v 1. 5 R. PI Al pl fMlt ar CS RI vNGww A pl NOnu w yy� 8 _ PIA RI i RI RI uwrtnwr5i i KOVEeUn CS S O4vx RI 7 ga RI (v u RI RI " RI D i J n jF�Qj Al - RI .Mmn . $ fll RI .YN - R] Pl PE P r uM. MR.w Q RI O Q MMn uxu n.uW > [N iu ry LS !...z R) Y RI •v eufiu D � W»4ory [Y.[ Nry p Rj iu/FNOw RI RI u,.aCR.v NI CISID i>xO of RI a.uo� RI RI } RI F RI D ® Rl R1 = p � fll fl1A »mei oil PI am.,Y RI fD]I xa fll RI nti fi CL NO1 _ 1 a 0.f RI Cy I P 0 RI WI RI iN CI -M CINDY CIAIDe IJpRI CS ' Cl f C1 p I 77TH ST - �n a n g P f sn sn � sR5 � cl 1 cs cf �f d Y66 D.1, ).SA MIn D^icMM )-6-n ZONING DISTRICTS Al GENERAL AGRICIIL L CSM SOIfMWNSTREEfCOMMERCNLDIST. R2 ]-FAMLYRESOENCE -S PAWNG MODFI MN C1 COMMUN"COMERCAL GC GOVERN CENTER R3 MULTPLE-FAMLYRES®EWE -OZ OVERLAYZONE CM C3 COMMUNRY COMMERCNL-MUSEUM OGT. GENERALCOMMERCIAL Ml W LG NWSTRKL H W N(XkTRAL R< RE SWURBANAPARTMENT RESDEWAL ESTATE PRO PLANNED RESMTKL OEVELOPM G PWNNED SHOPPNGC m 0 OP@ISPACE SD SPECFCOEVELOPMENT -HD2 HEGHTOGTRICTB CS ARTERKLCOMRERCKL P PROFESSVN L SP SPECFICPLAN CR COMMERCKL RESO L RI SNGLE- FAMLY REBDENCE SECTIONAL DISTRICT MAP: 6-5-9 e CRY OF SANTA ANA. CALIFORNIA Exhibit: A Ordinance No. NS -2939 Page 5 of 5