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ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MACARTHUR PLACE SOUTH MIXED USE SPECIFIC DEVELOPMENT DISTRICT (SD -76) (ZOA NO. 2009 -04) 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. The Applicant is requesting approval of an Addendum to the Final Environmental Impact Report No. 2004 -02 and approve the mitigation monitoring program; Zoning Ordinance Amendment No. 2009 -04; an Amendment to the Development Agreement No. 2005 -02; Conditional Use Permit No. 2009 -08 and Variance No. 2. 009 -02 to allow a hotel at 6 East MacArthur Place. B. On April 13, 2009, the Planning Commission Chairperson declared an impasse after a series of motions failed to achieve a majority vote. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. The items before the Planning Commission were as follows: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004 -02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005 -02. 4. Adopt a resolution approving Conditional Use Permit No. 2009 -08 as conditioned. 5. Adopt a resolution approving Variance No. 2009 -02 as conditioned. C. On May 4, 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. D. Zoning Ordinance Amendment No. 2009 -04 has been filed with the City of Santa Ana to amend the MacArthur Place South Mixed Use Specific Development District (SD -76) to allow hotels as a conditionally permitted use in Zone 2. 11B-1