HomeMy WebLinkAbout11A - ORD 520 S HARBOR
ORDINANCE NO. NS-2773
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AND ADOPTING
A NEGATIVE DECLARATION FOR
ENVIRONMENTAL REVIEW NO. 2006-87 AND
AMENDING THE NORTH HARBOR SPECIFIC PLAN
(SP2) ZONING DISTRICT TO REZONE THE
PROPERTY LOCATED AT 520 SOUTH HARBOR
BOULEVARD FROM SINGLE FAMILY RESIDENTIAL
TO GENERAL COMMERCIAL (ZOA 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 hereby finds,
determines and declares as follows:
A. The North Harbor Specific Plan (SP-2) was created in June 20,
1994.
B. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2006-87, Zoning Ordinance Amendment
No. 2008-02 and Conditional Use Permit No. 2008-23 came before
the Planning Commission on August 11, 2008 for a duly noticed
public hearing. Bya vote of 7:0, the Planning Commission voted to
recommend the City Council approve Mitigated Negative
Declaration and Mitigation Monitoring Program, Environmental
Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02
and Conditional Use Permit No. 2008-23 as conditioned.
C. The City Council held a duly noticed public hearing on September
2, 2008 and at that time considered all testimony written or oral on
Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2006-87, Zoning Ordinance Amendment
No. 2008-02 and Conditional Use Permit No. 2008-23.
D. Zoning Ordinance Amendment No. 2008-02 has been filed to
change the zoning of 520 South Harbor Boulevard which is located
within the North Harbor Specific Plan (SP-2) from its current zoning
of single family residential and general commercial to general
commercial.
Section 2. The City Council has reviewed and considered the
information contained in the initial study, the mitigated negative declaration, and
mitigation monitoring program for Environmental Review No. 2006-87, prepared
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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 mitigated negative declaration 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 which
have not been mitigated. 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")
9 735.5(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 9 711.2 and Title XIV, CCR
9 735.5(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 changes the zoning of 520 South Harbor Boulevard from its
current zoning of single family residential and general commercial to general
commercial.
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.
Section 5. The city clerk shall certify to the adoption of this ordinance
and cause the same to be published in the manner prescribed by law.
ADOPTED this
day of
,2008.
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- 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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NORTH HARBOR SPEOFIC Pl.AJ'I,j
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Figure 3,1
North f-farbor Specific Plan
Emphasis Zones
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