HomeMy WebLinkAboutNS-2870 - Rezoning the Property Located at 1728 and 1732 West Second Street...ORDINANCE NO. NS -2870
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REZONING THE PROPERTY
LOCATED AT 1728 AND 1732 WEST SECOND
STREET FROM LIGHT INDUSTRIAL (M1) TO TWO -
FAMILY RESIDENTIAL (R2) (AA NO. 2014 -03)
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. Amendment Application No. 2014 -03 has been filed by the City of
Santa Ana to change the zoning district designation of certain real
property located at 1728 and 1732 West Second Street from Light
Industrial (M1) to Two - Family Residential (R2).
B. Sections 41 -659 through 41 -667 of the Santa Ana Municipal Code
govern the process for amending a zoning district. Unlike other
discretionary actions, such as variances and conditional use permits,
a zone change does not require the City to make specific findings of
fact and instead bases requests for changes in zoning on public
necessity, convenience and general welfare. A zone change is
requested as the subject properties' current Light Industrial (M1)
zoning designation does not permit the proposed residential
development or uses. The zone change for the project is
recommended for approval due to two reasons. First, the master
plan for development in the City, the General Plan, has designated
this site as residential due to the development pattern in the area and
the effects industrial uses have on the health, safety and welfare on
residential properties. Second, the properties' size and overall lack of
compliance with the industrial development standards support the
zone change request to Two - Family Residential (R2).
C. On July 14, 2014, the Planning Commission held a duly noticed
public hearing and voted to continue the matter to allow the
applicant to make revisions to the project. On July 28, 2014, the
Planning Commission held another public hearing on the
resubmitted project and voted to recommend that the City Council
adopt a resolution approving Amendment Application No. 2014 -03,
which is consistent with the General Plan.
Ordinance No. NS -2870
Page 1 of 3
D. This Council, prior to taking action on this ordinance, held a duly
noticed public hearing on September 2, 2014.
E. The City Council also adopts as findings all facts presented in the
Request for Council Action dated September 2, 2014 accompanying
this matter.
F. For these reasons, and each of them, Amendment Application No.
2014 -03 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.
Section 2. This project was reviewed in accordance with the Guidelines
for the California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows in -fill
developments for the construction and location of limited numbers of new, small
facilities or structures. Categorical Exemption Environmental Review No. 2014 -07
will be filed for this project.
Section 3. The real property located at 1728 and 1732 West Second
Street in Santa Ana is hereby reclassified from Light Industrial (M1) to Two - Family
Residential (R2). An amended Sectional District 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.
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.
ADOPTED this 16th day of September, 2014.
Ordinance No. NS -2870
Page 2 of 3
APPROVED AS TO FORM:
Sonia R. Carvalho
City
M
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna
Sarmiento, Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: 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 -2870 to be the original ordinance adopted by the
City Council of the City of Santa Ana on September 16, 2014 and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: 6y /v iLrrt /3 AA ev-
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2870
Page 3 of 3
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