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HomeMy WebLinkAbout2 - GPA18-04; AA18-07_ANNEXATION2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 5 LS 10.8.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 FOR THE PROPOSED ANNEXATION OF A COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-04 to incorporate into the City’s various General Plan elements a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. Over the past several months, the County has been working with the developer of a proposed project at the northeast corner of Seventeenth Street and Tustin Avenue. This development has been unable to move forward due to the inability to connect to the City’s sewer system as they are currently located outside the City boundaries. C. On June 5, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider the annexation of the 24.78-acre County island generally located at the northeast corner of Seventeenth Street and Tustin Avenue. At this hearing, the Council directed staff to initiate the process to annex the County island and continue discussions with the County and the Orange County Local Agency Formation Commission (LAFCO) regarding the annexation. D. On September 14, 2018, the City, County of Orange, and the Orange County Local Agency Formation Commission held a duly noticed community workshop regarding the proposed annexation to obtain community input. E. On October 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution EXHIBIT 1 2-6 Resolution No. 2018-xx Page 2 of 5 approving General Plan Amendment No. 2018-04. F. On November 20, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2018-04 for the Seventeenth and Tustin annexation project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; “CEQA”), and the State CEQA Guidelines, the City has determined that a Categorical Exemption will be filed for the proposed project. H. General Plan Amendment No. 2018-04 has been filed to amend the General Plan to change the land use designation of certain parcels located in the Seventeenth and Tustin County island boundaries. The proposed land use designations will be consistent with the current land uses and proposed pre- zoning designations of the annexation project area. The amendments will pre-designate properties located in the annexation area as Low-Density Residential (LR-7), Medium-Density Residential (MR-15), or General Commercial (GC) as shown on Exhibit A, attached hereto and incorporated herein by reference. I. The City Council has weighed and balanced the General Plan’s policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-04 is consistent with the purpose of the General Plan. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre-zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project. 2-7 Resolution No. 2018-xx Page 3 of 5 Section 3. Approvals. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-04. The amendments to the Land Use Element are attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated November 20, 2018 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-07) become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This Resolution shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. ADOPTED this ___ day of ____________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-8 Resolution No. 2018-xx Page 4 of 5 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 2-9 Resolution No. 2018-xx Page 5 of 5 Exhibit A: General Plan Amendments 2-10 Ordinance No. NS-XXXX Page 1 of 4 LS 10.8.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PRE-ZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 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 City of Santa Ana (City) is requesting approval of Amendment Application No. 2018-07 to amend the zoning designation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. General Plan Amendment No. 2018-04 was filed concurrently with the Amendment Application for consistency with the General Plan to incorporate into the City’s various General Plan elements. C. On October 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-07 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-04. D. The City Council has reviewed applicable general plan policies and has determined that this proposed pre-zoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 20, 2018. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 20, 2018 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018- 07 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing of the zoning districts has been found to be consistent with the General Plan EXHIBIT 2 2-11 Ordinance No. NS-XXXX Page 2 of 4 of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance pre-zoning the real properties generally located at the northeast corner of Seventeenth Street and Tustin Avenue and Amended Sectional District Map number 4-5-9 showing the above described change in use district designation (AA No. 2018-07). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission and Council Action dated October 8, 2018 and November 20, 2018, respectively and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre- zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project Section 4. The zoning designation of the real properties generally located within the 24.78-acre County island at the northeast corner of Seventeenth Street and Tustin Avenue shall be reclassified from the County’s Local Business (C-1) and Single- Family Dwellings (R-1) designations to Community Commercial (C1), Single- Family Residence (R-1) and Two-Family Residence (R-2). An amended Sectional District Map, 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 5. This ordinance shall not be effective unless and until Resolution No. 2018-____ (Environmental Review No. 2018-89 and General Plan Amendment No. 2018-04) is adopted and becomes effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 6. This ordinance shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the 2-12 Ordinance No. NS-XXXX Page 3 of 4 annexation of the County island. If the resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 7. 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 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. ADOPTED this ____ day of _____________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 2-13 Ordinance No. NS-XXXX Page 4 of 4 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-_____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________, 2018 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 2-14 2-15 2-16 2-17 2-18 2-19 2-20 2-21 2-22 2-23 2-24 2-25 2-26 2-27 2-28 2-29