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Home My WebLink About2019-043 - The Townhome ProjectLS 6A.19 RESOLUTION NO. 2019-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2015-14 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; FOR GENERAL PLAN AMENDMENT NO. 2017-03, TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT LOCATED AT 3025 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group, Inc. (Applicant), is requesting approval of General Plan Amendment No. 2017-03, Tentative Map No. 2017-04 and Variance No. 2017-10 in order to facilitate construction of 18 townhomes on a 1.22-acre site at 3025 West Edinger Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified a mitigation measure that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MIND), Environmental Review No. 2015-14 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of a mitigation measure to address noise. E. On June 11, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2015-14 was published in the Orange County Register newspaper and circulated to interested parties. F. The documents related to the Mitigated Negative Declaration were made Resolution No. 2019-043 Page 1 of 6 available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measure set forth in the Mitigated Negative Declaration is fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2015-14 and adopt the related Mitigation Monitoring and Reporting Program for the project. I. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2015-14, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The MND reflects the City Council's independent judgment and analysis. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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 June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the Resolution No. 2019-043 Page 2 of 6 payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The MND and Mitigation Monitoring and Reporting Program, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for the City. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this 4th day of June. 2019. Resolution No. 2019-043 Page 3 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers 'Ward 4 Representative Vacant CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2019-043 to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: /y &19 Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-043 Page 4 of 6 MITIGATION MONITORING AND REPORTING PROGRAM As noted within the Initial Study/Mitigated Negative Declaration, there is a single mitigation measure that will be implemented to avoid or lessen the environmental impacts associated with the 3025 W. Edinger Avenue Townhomes Project. Public Resources Code § 21081.6 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to the proposed development: ... the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment. Public Resources Code Section § 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting/monitoring requirements enforced during Project implementation must be defined before adoption of a Mitigated Negative Declaration. The mitigation monitoring table provided below lists the mitigation measure that is included as a condition of approval for the Project. This mitigation measure corresponds with the one identified in the Initial Study/Mitigated Negative Declaration. The City of Santa Ana Planning and Building Agency will have the primary responsibility for monitoring and reporting implementation of the mitigation measure. Resolution No. 2019-043 Page 5 of 6 m 3 p7 R R O. D O R p C Z Z d F 91 m o F + m o R � Ep o m R m fD. c R O W N� � �O 0 0 -O OC d— O O R N C :, Z Z ? .� N y N. y G t0 In N N= ? p O M Lo D gym, Zc z' m mwm G o o z l O n Ec Z Q1 O pp cn 0.5 90 to N 7. , O1 N f O;. R > s 0�- f F. tr "# r