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bk:9/18/01 ORDINANCE NO. NS-2478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 41-781 TO THE SANTA ANA MUNICIPAL CODE RELATING TO EXERCISE OF EMINENT DOMAIN FOR PARTIAL TAKES OF PROPERTY AND ESTABLISHING LANDSCAPING SETBACKS 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: The City's Charter provides, at section 200, that the City shall have all powers of a chartered city. Among these powers are the power of eminent domain. The City is currently, and in the future will continue to be, engaged in numerous partial taking of properties for purposes such as street widening and enhanced intersection projects. The City currently does not have an ordinance that sets forth policy for landscaping in the "after" condition; £e., after the partial taking of property. In only one cimumstance, the Bristol Street Specific Plan, has the City Council declared its intention that landscaping should be provided in the "after" condition following a partial taking of property. The purpose of the instant ordinance is to express the City's intention that in taking property that the City's policy and requirement is that landscaping, as provided by pre-existing appropriate zoning and land use requirements, be established on the property in the "after" condition. The City Council is aware that in certain limited circumstances, on a case by case basis, that establishing or re-establishing landscaping following a partial take may not be possible given budgetary restrictions. The City Manager is empowered to waive the new provision of this ordinance, with the Council's understanding that all litigation relating to partial takes must be initiated by the City Council, by means of a Resolution of Necessity, so that the Council will be able to review the matter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. 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 Ordinance No. NS-2478 Page lof3