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HomeMy WebLinkAboutNS-2915 - Approving Amendment Application No. 2016-05 Rezoning the Property Located at 2603 South Main Street... LS 04.18.17 ORDINANCE NO. NS-2915 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-2915 Page 1 of 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. Ordinance No. NS-2915 Page 2 of 3 ADOPTED this 2nd day of May, 2017. 4110 Migu Pulido May APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Sarmiento, Solorio, Tinaiero, Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido (1) 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-2915 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 2, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 5-M14,0/7 12 Com, fio. /I/1)9+, Maria D. Huizar Clerk of Council City of Santa Ana Ordinance No. NS-2915 Page 3 of 3 Ordinance No. NS-2915 Page 4 of 4