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Home My WebLink AboutNS-2765 - Rezoning Property Located at 1501 West MacArthur Boulevard From Two-Family Residential (R-2)ORDINANCE NO. NS-2765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD FROM TWO- FAMILY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-2) (AA NO.2008-02) 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. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, Amendment Application No. 2008-02 and Variance No. 2008-03 to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. B. On March 24, 2008, the Planning Commission held a duly noticed public hearing and voted by a vote of 4:0 (Betancourt, Gartner and Murioz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008-01. 3. Adopt an ordinance approving Amendment Application No. 2008-02. 4. Adopt a resolution approving Variance No. 2008-03 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. D. Amendment Application No. 2008-02 has been filed with the City of Santa Ana to rezone the property located at 1501 West Macarthur Boulevard from Two-Family Residential (R-2) to General Commercial (C-2). E. Amendment Application No. 2008-02 is consistent with the General Plan, including but not limited to its goals and policies: Ordinance No. NS-2765 Page 1 of 5 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support land uses with provide community and regional economic and service benefits. Land Use Element Policy No. 4.3. 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 1501 West Macarthur Boulevard is consistent with the purpose of the general plan. 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. 2008-02 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. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, and Variance No. 2008-03 came before the City Council on May 5, 2008 for public hearing. This ordinance incorporates by reference, as though fully set forth herein, the resolutions and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this ordinance and the findings made herein. Section 2. The real property located at 1501 West Macarthur Boulevard is hereby rezoned from Two-Family Residential (R-2) to General Commercial (C-2). (AA No. 2008-02) Amended Sectional District Map number 35-5-10 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. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, 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. Ordinance No. NS-2765 Page 2 of 5 ADOPTED this 2nd day of June, 2008. APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Kylee O. tto Assistant ity Attorney AYES: Councilmembers: Alvarez. Benavides, Bustamante. Martinez Pulido. Sarmiento. Tinaiero (7) NOES: Councilmembers: None (O) 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-2765 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: ~~ ~~3 ~f%G~ Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2765 Page 3 of 5 Page intentionally left blank Ordinance No. NS-2765 Page 4 of 5 f •fCr. e M io+ SD 4 SDa R2-PAD -. ~ C/ 11 _ _ _ R1 PRD P ~~ iL'i ~ F 1 tip i p R1-PRD 4 C2 N 11..__._, r _ d50di ~1 R4 ~ ~~SD-M i ii 1 ln¢s q fl1 Bind iR it yi 1 2 1~~ 1`_ri n ~: ii __________ Tv VMrr 11_____I ~I 11 II 1 J . _ ... 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