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HomeMy WebLinkAboutNS-2913 - Approving Amendment Application No. 2016-03 ...LS 1.9.17 ORDINANCE NO. NS -2913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -03 REZONING PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO OPEN SPACE LAND (0) 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 Parks, Recreation and Community Services Agency ( "Applicant') is requesting approval of Amendment Application No. 2016 -03 to change the zoning district designation of certain real property located at 415 and 423 South Raitt Street from Single - Family Residential (R -1) to Open Space Land (0) to allow the construction of a future park. B. On September 30, 2016, pursuant to Senate Bill 18, the City mailed consultation letters to all tribes listed on the Native American Heritage Commission (NAHC) Tribal Consultation List and were given 90 days or until January 3, 2017 to consult with the City. The City consulted with three local tribes. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 9, 2017. The Planning Commission recommended a continuance to provide additional information and that representatives from CDA & PRCSA be present. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 23, 2017, on Amendment Application No. 2016- 03 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2016 -03, which is consistent with the General Plan, as amended by General Plan Amendment No. 2016 -03. D. This City Council, prior to taking action on this ordinance, held a duly noticed public hearing on February 21, 2017. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated February 21, 2017 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2016 -03 is hereby found and determined to be consistent with the General Plan of the City of Ordinance No. NS -2913 Page 1 of 4 Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the CEQA analysis prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, General Rule Exemption No. 2016 -26 meets all requirements of CEQA. Section 3. The real property located at 415 and 423 South Raitt Street in Santa Ana is hereby reclassified from Single - Family Residential (R -1) to Open Space Land (0). 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. This ordinance shall not be effective unless and until Resolution No. 2017 -_ (General Plan Amendment No. 2016 -03) is adopted and becomes effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. 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 7th day of March, 2017. Ordinance No. NS -2913 Page 2 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lis- a Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero, Villegas (6) None (0) NOT PRESENT: Councilmembers Sarmiento (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -2913 to be the original ordinance adopted by the City Council of the City of Santa Ana on March 7, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: /A G'v'A 'D Maria D. Huizar f Clerk of the Council City of Santa Ana Ordinance No. NS -2913 Page 3 of 4 EXHIBIT A SECTIONAL DISTRICT MAP 1111 ■r��g�e�R� — ;�0��� =e���am ®ffi a�`r' ii' 1ST 5T - t At R if a Fi R. wrrt F ■i E �y ql R+ M R• N 1j wufroau i °�j w[nNa,.wr M r at k Q F of a v n i .Mnfn €t RI n R1 ■ •l s a.ma., �.' 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