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HomeMy WebLinkAbout11B - 2ND READ ORD - REZONE 2603 S MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: SECOND READING ORDINANCE: APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) (STRATEGIC PLAN YO 5, 1) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION On April 18, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Sarmiento and Tinajero absent): ORDINANCE NO. NS -2915 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2915 1113-1 11 B -2 LS 04.18.17 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) 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. Amendment Application No. 2016 -05 has been filed to change the zoning designation of the parcel located at 2603 South Main Street from General Commercial (C -2) to the Light Industrial (M -1) zoning designation. B. On March 27, 2017, 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. 2016 -05 for the property located at 2603 South Main Street. 2. Approve a conditional use permit as conditioned (No. 2016 -44) to permit a carwash facility and conditional use permit as conditioned (No. 2017 -06) to permit a drive - through service window at 2603 South Main Street, C. The zoning designation of the Light Industrial (M -1) will allow the subject site approval of applications for conditional use permits to allow the development of a carwash facility and a drive- through window service by bringing the rezoned property into consistency with the General Plan land use designation of Industrial (IND). D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on April 18, 2017. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated April 18, 2017 accompanying this matter. Ordinance No. NS -XXXX Page 1 of 3 11 B -3 G. For these reasons, and each of them, Amendment Application No. 2016- 05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found 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. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15303. This Class 3 exemption allows small construction projects or buildings in urban areas up to 10,000 square feet in size, not involving the use of significant amount of hazardous substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Additionally, it was evaluated that the proposed uses for the site are consistent with both the General Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment application to change the existing zoning designation to the Light Industrial (M -1) zone is Intended to provide consistency with the General Plan of the city. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. Section 3, The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 2603 South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05). Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is attached hereto as Exhibit "1" 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 April 18, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this ____ day of , 2017. Miguel A. Pulido Mayor Ordinance No. NS -XXXX Page 2 of 3 11 B -4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Ana 11B-5 Ordinance No. NS -XXXX Page 3 of 3 M CI cl C3 I flE p }� Ci RIB i [� RI 1 C ml E R: lfl 3 cl c low ,.TRAL AV AOx�Mf 9I� R3 � flt C3 MI C Mt N 3 v MI MI MI M,. M1 5 c5 : 31OE�wo; DY cs Q. H p H 8 _ MMMNexr .A1 M111 ._:.16�NCN69Y ,sou:. ca w cs MACARTHURVc t —s R1 BD1e it el tied 11MWxY-0" _.`y�� SDM fA N/A ZONING DISTRICTS in A OR +yoW M, q1 j sos Q Ol04 mr � � ode SOII CS v' OS MI tv� 0 M1 OP 90 t4q y. x f P v Al GENERAL AGRICULTURAL CSM SOUTH MANSTREEf COMMERCIAL DIST. R2 TWO -FAMILY RESIDENCE -8 PARKWGMODFICATION Cl COMMUNRYCOMMEtCIAL GC GOVERNMENTCENTM R3 MULTIPLE FAMILY RESIDENCE -OZ OVERLAY20NE CWD COMMUNITY COMMERCIAL - MUSEUM DIST. MI LIGHTNDUSTRAL Re SUBURBAN APARTMENT PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ENTIAL ESTATE DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SO SPECFICDEVELOPMENT -H02 HEIGHTDISTRICTII Cs ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECFICPLAN CR COMMERCIALRESIDENTIAL Rl SINGLE- FAMLY RESIDENCE SECTIONAL DISTRICT MAP: $0 -5 -9 e CITY OF SANTA ANA. CALIFORNIA Exhibit: 1 11 B -6