HomeMy WebLinkAboutNS-2796 - Rezoning Property Located at 542 East Central Avenue from Community Commercial (C1) to Single Family Residence (R1) ...~..
ORDINANCE NO. NS-2796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
542 EAST CENTRAL AVENUE FROM COMMUNITY
COMMERCIAL (C1) TO SINGLE FAMILY RESIDENCE (R1)
AND THE PROPERTIES LOCATED AT 2034 AND 2038
NORTH BUSH STREET FROM PROFESSIONAL-HEIGHT
DISTRICT II (P-HDII) TO TWO FAMILY RESIDENCE (R2)
(AA NOS. 2008-03 AND 2008-04)
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 the Community Redevelopment Agency of the City of Santa Ana
(Agency) is requesting approval of Amendment Application No. 2008-03 to
change the zoning designation of the parcel located at 542 East Central
Avenue from Community Commercial (C1) to Single-Family Residence (R1).
o. Additionally, the Agency is requesting approval of Amendment Application
No. 2008-04 to change the zoning designation of two adjacent lots at 2034
and 2038 North Bush Street from Professional (P), Height District II (HDII) to
Two-Family Residence (R2).
B. On August 10, 2009, the Planning Commission held a duly noticed public
hearing and voted 6:0 (Betancourt absent) to recommend that the City
Council:
1. Adopt an ordinance approving Amendment Application No. 2008-03
for the property located at located at 542 East Central Avenue.
2. Adopt an ordinance approving Amendment Application No. 2008-04
for the property located at 2034 and 2038 North Bush Street.
C. The zoning designation for 542 East Central Avenue is Community
Commercial (C1), which is inconsistent with the General Plan land use
designation of Low Density Residential (LR). Surrounding land uses include
a church use to the north, single-family dwellings to the east, and duplexes
to the south and west. The proposed action would bring the zoning into
conformance with the General Plan land use element designation for the
property.
r,,, Ordinance No. NS-2796
Page 1 of 5
D. The zoning designation for the properties located at 2034 and 2038 North
Bush Street is Professional (P), with a General Plan designation of District
Center (DC). Surrounding land uses include multi-family dwellings to the
north, a mix of single and multi-family dwellings across the street to the east,
single-family dwellings to the south and commercial uses facing Main Street
to the west. The proposed action would bring the zoning into conformance
with the General Plan land use element designation for the properties.
E. The proposed action will create consistency between the General Plan land
use designations, zoning district and existing land uses.
F. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that this proposed project is
consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Requests
for Council Action dated September 8, 2009 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2009-03 and
2009-04 are 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 (CEQA), the
proposed project is exempt from CEQA under General Exemption
15061(b)(3). The proposed action will bring zoning into compliance with the
City's General Plan and will not have a significant effect on the environment.
Environmental Review Nos. 2008-56 and 2008-57 will be filed for this
project.
Section 2. The real property located at located at 542 East Central Avenue is
hereby rezoned from Community Commercial (C1) zoning district to Single-Family
Residence (R1) zoning district. (AA No. 2009-03) Amended Sectional District Map
number 30-5-9 showing the above described change in use district designation, is hereby
approved and attached hereto as Exhibit "1" and incorporated by this reference as though
fully set forth herein.
Section 3. The real property located at located at 2034 and 2038 North Bush
Street is hereby rezoned from Professional (P), Height District II (HDII) zoning district to
Two-Family Residence (R2) zoning district. (AA No. 2009-04) Amended Sectional
District Map number 6-5-9 showing the above described change in use district designa-
tion, is hereby approved and attached hereto as Exhibit "2" and incorporated by this
reference as though fully set forth herein.
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,
Ordinance No. NS-2796
Page 2 of 5
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 21st day of September. 2(
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Attorney
Councilmembers: Alvarez Benavides Bustamante, Sarmiento (4)
NOES: Councilmembers:
ABSTAIN: Councilmembers: None (0)
ABSENT: Councilmembers: Martinez Pulido. Tinaiero (3)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2796 to be the original ordinance adopted by the City Council of the
City of Santa Ana on September 21, 2009, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: 9 2~Oq /~' lQ~~ .C~ l~"'~--~
Clerk of the Council
City of Santa Ana
\,,. Ordinance No. NS-2796
Page 3 of 5
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Ordinance No. NS-2796
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