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HomeMy WebLinkAbout11A - ORD - 3417 WEST 5TH STREETORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO REZONE THE PROPERTY LOCATED AT 34-17` WEST FIFTH STREET FROM OPEN SPACE TO GENERAL COMMERCIAL (ZOA NO.2009-02) 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. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-142, General Plan Amendment No. 2007-03, and Zoning Ordinance Amendment f~lo. 2009-G~: to allow the construction of a medical office building to be located at 3417 West Fifth Street within the North Harbor Specific Plan (SP2). C. On April 14, 2009, the Planning Commission held a duly noticed public hearing and voted by a vote of 5:0 (Alderete abstained, Gartner absent} to recommend that the City Council. 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007- 03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. D. On May 18, 2009, the City Council of the City of Santa Ana held a duty noticed public hearing and at that time considered all testimony, written and oral. E. Zoning Ordinance Amendment No, 2009-02 has been filed to rezone the property located at 3417 West Fifth Street which is located within the North Harbor Specific Plan (SP2) from its current zoning of Open Space (OS) to General Commercial (GC). A. Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142, came before the City Council on May 18, 2009, and was approved and adopted by resolution at that meeting. This ordinance incorporates by reference, as though fully set forth herein, the resolution and said Mitigated Negative Declaration and Mitigation 11 A-1 Monitoring Program in support of this ordinance. Section 3. Attached hereto as Exhibit'A and incorporated.. by this reference as .though fully set forth herein. is the modification to the North Harbor Specific Plan (SP2) which rezones the property located at 3417 West Fifth Street from its current zoning of Open. Space (OS) to General Commercial (GC). 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. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ,.:- _.. r ADOPTED th~~- .day of , 2009. -~~ 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 11 A-2 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 A-3 ~~' ' ' ~ ~iICAUOh 28l NORTH HARBOR SPECIFIC PLAN City of Santa Ana Submitted By: Planning and Building Agency GPA 92-7/AA 1061/SP2 The following is a chronology of the approved zoning ordinance amendments that have been incorporated into this document since it was adopted by Santa Ana City Council on May 16, 1994: 11 A-4 ZOA 2000-02 (May 15, 2000, NS-2428); ZOA 2007-02 (August 6, 2007, NS-2756); ZOA 2008-02 (October 6, 2008, NS-2773) and ZOA 2009-02 ( - NS- ). Exhibit A 11 A-5 NORTH HARBOR SPECIFIC PLAN Figure 3.1 North Harbor Specific Plan Emphasis Zones 11 ~-6