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HomeMy WebLinkAboutNS-2509 - Rezoning the Property Located at 431 North Tustin Avenue from Professional (P)ORDINANCE NO. NS-2509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 431 NORTH TUSTIN AVENUE FROM PROFESSIONAL (P) ZONING TO GENERAL COMMERCIAL (C2) ZONING (AA NO. 2002-07) 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: Amendment Application No. 2002-07 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 431 North Tustin Avenue from Professional (P) zoning to General Commercial (C2) zoning. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 22, 2002 and determined by a vote of 6:0 (Mondo absent) that Amendment Application No. 2002-07 is consistent with the General Plan's policies of encouraging commercial development along arterial streets, and supporting developments that are harmonious with existing development in the area. Amendment Application No. 2002-07 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. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 01-147 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program 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. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program 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 Ordinance No. NS-2509 Page 1 of 3 evidence that the proposed project will have the potential for any 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. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 431 North Tustin Avenue is hereby reclassified from Professional (P) zoning to General Commercial (C2) zoning. Amended Sectional District Map number 9-5-9, showing the above described change 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. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this 3rd day of Seotember 2002. APPROVED AS TO FORM: Joseph W. Fletcher City Attomey Kylee ~ Ode~tt~- Deputy~City Attorney AYES: NOES: ABSTAIN: Councilmembers: Alvarez. Bist. Franklin. McGuiaan. Pulido. Solodo (6~ Councilmembers: None (0) Councilmembers: None (0) Christy (1) NOT PRESENT: Councilmembers: Ordinance No. NS-2509 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2509 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 3. 2002. and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City of Santa Ana Ordinance No. NS-2509 Page 3 of 3 SEVENTEENTH ST. Z PREPARED BY THE PLANNING DIVISION Exhibit A CITY OF SANTAANA CALIFORNIA -- Ordinance NS-2509