HomeMy WebLinkAbout11A - 2701 N GRAND AVE SILVERCREEK
ORDINANCE NO. NS-2704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
2701 NORTH GRAND AVENUE FROM SINGLE-FAMILY
RESIDENCE (R1) TO ARTERIAL COMMERCIAL (C5)
(AA NO. 2005-05)
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 amendment application No.
2005-05 to change the zoning designation from Single-Family Residence
(R1) to Arterial Commercial (C5) in order to allow the construction of a retail
building with a Starbucks at 2701 North Grand Avenue. (AA No. 2005-05)
B. On October 10, 2005, the Planning Commission held a duly noticed public
hearing and by a vote of 6:0 (Lutz absent) recommended that the City
Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2003-262.
2. Adopt an ordinance approving Amendment Application No. 2005-05.
C. On November 7,2005 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. Amendment Application No. 2005-05 is consistent with the General Plan,
including but not limited to its goals and policies to preserve and improve the
character and integrity of existing neighborhoods. Land Use Element Goal
No. 3.0.
E. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project is consistent
with the purpose of the general plan.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated November 7, 2005 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2005-05 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.
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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. 2003-262 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") S 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 S 711.2 and Title XIV, CCR S 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 2701 North Grand Avenue is hereby
reclassified from Single-Family Residence (R1) to Arterial Commercial (C5). (AA No.
2005-05) Amended Sectional District Map number 32-4-9 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. 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 November, 2005.
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: 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-2704 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
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