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Home My WebLink About11B - ORDINANCE - 2ND READING ZONING 300 E MCFADDENREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: ORDINANCE SECOND READING: ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE- FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER On October 1, 2012, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7-0: ORDINANCE NO. NS-2839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS-2839 11B-1 11 B-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) 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 Amendment Application No. 2012-01 and General Plan Amendment No. 2012-01 to allow a new 1.4 acre public park site at 300 East McFadden Avenue. B. On September 10, 2012, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2012-01. 2. Adopt a resolution approving General Plan Amendment No. 2012-01. C. Amendment Application No. 2012-01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on October 1, 2012, to consider all testimony, written and oral. D. Amendment Application No. 2012-01 has been filed with the City of Santa Ana to zone the property located at 300 East McFadden Avenue from Single-Family Residence (R1) to Open Space I_and (O). E. The proposed project area is currently within the Single Family Residence (R1) zoning district, which does not identify permanent park open space as a permitted use. The proposed amendment application (zone change) is needed to change the zoning for the 1.4 acre site from Single-Family Residence (R1) to Open Space Land (O) to facilitate construction of a public park to serve the surrounding community. F. The creation of additional public open space or park land implements the City's General Plan Parks, Recreation and Open Space Element goal to "provide sufficient open space to meet the recreational and aesthetic needs of the community." The Land Use Element establishes the City goal to "promote a balance of land uses to address basic community needs", and 11 B-3 Policy 1.7 to "support open space in underserved area" like the project area. The change to an Open Space land use designation will provide an additional 60,984 square feet, or 1.4 acres, towards public parkland, helping the City towards achieving its goal of a minimum two acres of public parkland per 1,000 residents. The proposed park design will also support the policies and programs in the Conservation Element to encourage water conservation and the use of drought resistant landscape. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 300 East McFadden Avenue is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 1, 2012, accompanying this matter. For these reasons, and each of them, Amendment Application No. 2012-01 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. General Plan Amendment No. 2012-01 also came before the City Council on October 1, 2012. This ordinance incorporates by reference, as though fully set forth herein, the General Plan Amendment in support of this ordinance and the findings made herein. Section 2. The real property located at 300 East McFadden Avenue is hereby zoned from Single-Family Residence (R1) to Open Space Land (O). (AA Nc. 2012-01) The amended zoning map 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 October 1, 2012, 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 pot:)ns be declared invalid or unconstitutional. 11 B-4 ADOPTED this day of , 2012. Miguai / Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 B-5 1 11 f 1ST ST 2ND ST l}ly? pj 1ST; 1!1"di M2 ,is CHESTNUT AV 52..« SECTIONAL DISTRICT MAP 185-9 ADOPTED BY THE SANTAANA CITY COUNCIL, OCTOBER 20, 1958 BY ORDINANCE NS-350 SCALE IN FEET i 10 pg(1? MINIMUM 1°T°q'G FO pA E Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT X1 000 L T REA -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT THIS MAWS THE OFFICIAL SECTIONAL CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE DISTRICTMAP OFTHECITYOFSANTAANA. C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE AS AUTHORIZED BY CITY COUNCIL RESOLUTION N0.74163, DATED 11-1674.1 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE HEREBY ATTEST THAT THIS MAP IS A TRUE C3 CENTRALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT COPY OF THE ORIGINAL SecnoNAL DISTRICT MAP N0. 16S9. C3-A CENTRAL BUSINESSARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE s?9aaa C4 PLANNED SHOPPING CENTER -OZ OVERLAYZONE SO SPECIFIC DEVELOPMENT 3AYTREVINO C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN PLANNINGaIBUILDRINGAGENCv CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT C-.-Dale May 9.2007 ES.IAA. I ANX, NO. ORD. I RES. NO, ADOPTED DATE E5./AA/NiX NO. ORD. I RES. NO. ADOPTED DATE RES. I A.A. I ANX. NO. 5490 548] 5522 5556 I - I SSIG 5918 71.78 6044 AA821 AA830 AA849 AA866 AA909 M1005 AA 102J AA1029 AA1040 M1052 A 124H ORD.IRES.NO. NS497 NS-500 NS-- I NS-591 NSE08 NS-909 NS-1016 NS-1193 NS1388 NSl5 NS-1531 NS1589 NS1622 NS1589 NS-1960 NS-2011 NS-20]6 14S2136 NS-2139 NS ADOPTED DATE 2b 1 2-2061 1-462 7-2-62 41.62 10.669 5-16J0 S}71 12-17.73 10-17.7] 1615-79 62-80 7c 81 2-1- 249.85 616A8 7-17-89 11-2089 84-91 9-1691 _ PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 11 B-6 EXHIBIT A