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HomeMy WebLinkAboutNS-2764 - Rezoning Property Located at 2210 North Grand Avenue from Single Family Residential (R-1) to Arterial Commercial (C5)...ORDINANCE NO. NS-2764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2210 NORTH GRAND AVENUE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2006-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60-foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 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 on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Amendment Application No. 2006-02 has been filed with the City of Santa Ana to rezone the property located at 2210 North Grand Avenue from Single Family Residential (R-1) to Arterial Commercial (C-5). E. Amendment Application No. 2006-02 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 2210 North Grand Avenue is consistent with the purpose of the general plan. Ordinance No. NS-2764 Page 1 of 5 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 5, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-02 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. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The real property located at 2210 North Grand Avenue is hereby reclassified from Single Family Residential (R-1) to Arterial Commercial (C-5). (AA No. 2006-02) Amended Sectional District Map number 6-5-9 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. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. 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. ADOPTED this 2nd day of June, 2008. Ordinance No. NS-2764 Page 2 of 5 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. tto Assists City Attomey AYES: Councilmembers: Alvarez Benavides Bustamante. Martinez, Pulido Sarmiento Tinalero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2764 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 2. 2008, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: l- -f 3- 1~~ -c '7ccJ~~ce~e-E'-~. Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2764 Page 3 of 5 Page intentionally left blank Ordinance No. NS-2764 Page 4 of 5 PREPARED BY THE PLANNING DI VI310N CITY OF SANTA ANA, CALIFORNIA Exhibit A Ordinance No. NS-2764 Page 5 of 5