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Home My WebLink About11B - ORD 801 & 901 S HARBORORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA Approving AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2004-158 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO ALLOW TRANSIENT/RESIDENTIAL HOTEL USES WITH A CONDITIONAL USE PERMIT (ZOA NO. 2007-02) 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 North Harbor Specific Plan (SP2) was created in June 20, 1994. B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration, Environmental Review No. 2004-158, prepared with respect to this Project. 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 the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts 11 B-1 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 negative declaration 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 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. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which allows transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. All provisions of the North Harbor Specific Plan (SP2), which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 11 B-2 ADOPTED this day of , 2007. Miguel A. Pulido Mayor 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- 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 11 B-3 • Florist shops • Fumi[ure stores • Grocery stores • Home improvement stores • Jewelry stores • Office, business machine and computer stores • Pet shops and supplies • Specialty retail stores • Sporting goods stores • Variety stores • Other uses of a similar operation or nature 2. Offices, including: • Administrative services • Business services • Design, architectural or planning services • Financial institutions • Medical and dental offices • Professional services • Veterinary offices • Other uses of a similar operation or nature Adjacent parcels under the same ownership shall be combined and developed under one site plan or other development permit. 3.5.4 Special Requirements 1. The following items shall be screened from view from any arterial or collector street: • Loading docks, service bays, garage doors, and loading areas • Utility meters • Mechanical equipment • Trash storage 2. The design of all development within the General Commercial District shall be such [hat significant building azchitectural and landscape elements are present on all building elevations. 3.5.5 DESIGN STANDARDS Refer to Chapters 5 and 6 for Design and Development Standards. 3.Cinema (indoor) excluding "adult-only" 4.Public facilities and offices 3.6 ENTERTAINMENT 3.5.2 Conditionally Permitted Uses The Entertainment District is intended to provide an The following uses may be permitted subject to the area along Harbor Boulevard specifically set aside for issuance of a conditional use permit pursuant [o the private, profit-making recreation and family Santa Ana Municipal Code: entertainment activities such as restaurants, skating rinks, [heaters, or night clubs. Development in this 1. Drive-through facilities whether part of district should be well integrated with Santa Anita Park another permitted use, a conditionally with shared access where possible and integrated permitted use, or as a separate facility pedestrian circulation. 2. Parking stmctures 3. Service and/or gasoline stations TMs land use designation is concentrated in the mid 4. Restaurants and other eating establishment, block area between First Street and McFadden Avenue including take-out, but not including drive- and forms the central focus for the General tluough facilities Commercial zone. Typical ]and uses within this zone 5. Public dance halls and public dance places include restaurants, theaters, movie theaters, health with or without a cover change leisure clubs, nigh[ clubs, community centers, urban 6. Transient/residential hotels as defined in open space including outdoor display and Section 41-139 of the Santa Ana Municipal entertainment areas, and other leisure activities. Code 3.6.1 Uses Permitted 3.5.3 Minimum Lot Size and Dimensions 1. Health clubs The minimum size of any development proposal shall 2. Ice skating and roller skating rinks be 15,000 gross square feet. The minimum lo[ frontage 3. Miniature golf courses and driving ranges shall be 120 feet on a public right-of--way. 4. Batting cages 5. Cinema (indoor) excluding "adult-only" Separately-owned units of real property may be 6. Museums and other publicly or not-for- deemed asingle lot for the purpose of this section if profit operated cultural or similar they are subject to conditions, covenants and institutions restrictions, and reciprocal easements of access [hat 7. Live theater provide for unified responsibility for vehicle access, parking, landscaping and signage. Exhibit A 11 B-4