HomeMy WebLinkAbout11A - ORDINANCE NO. NS 2659
ORDINANCE NO. NS-2659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTIES LOCATED AT
517 NORTH EUCLID STREET AND 5117 WEST FIFTH
STREET (AA NO. 2004-04) FROM ARTERIAL
COMMERCIAL (C5) AND TWO-FAMILY RESIDENCE (R2)
TO SINGLE-FAMILY RESIDENCE (R1) ZONING DISTRICT
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. Applicant filed Amendment Application No. 2004-04 to change the zoning
designation from Arterial Commercial (C5) and Two-Family Residence (R2)
to Single-Family Residence (R1) and a tentative tract map to allow a
subdivision to construct six single-family residences at 517 North Euclid
Street and 5117 West Fifth Street.
On July 26, 2004, the Planning Commission held a duly noticed public
hearing, and voted 6:0 (Lutz absent) to recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2004-22.
Adopt an ordinance approving Amendment Application No. 2004-04.
Adopt a resolution approving Tentative Tract Map No. 2004-04
(County Map No. 16636) as conditioned.
The City Council of the City of Santa Ana held a duly noticed public hearing
on the abovesaid actions on August 16, 2004, and has considered all
testimony, written and oral.
Amendment Application No. 2004-04 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. 2004-22 prepared with respect to this
Project. It is determined that, as required pursuant to the California Environmental Quality
Act ("CECA") and the State CECA 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
B.
2.
3.
c.
D.
Ordinance No. NS-XXX
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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 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 § 735.5(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 517 North Euclid Street and 5117 West
Fifth Street in Santa Ana is hereby reclassified from Arterial Commercial (C5) and Two-
Family Residence (R2) to Single-Family Residence (R 1 ). Amended Sectional District
Map number 9-5-10, 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.
Section 5. 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 this 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 anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this - day of August, 2004.
Miguel A. Pulido
Mayor
Ordinance No. NS-XXX
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APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Deputy City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2659 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 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
Ordinance No. NS-XXX
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