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Home My WebLink AboutRESO 2019-17_651 W SUNFLOWER AVENUELS 5,13.19 RESOLUTION NO. 2019-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2018-75) AND A MITIGATION MONITORING AND REPORTING PROGRAM; ADOPT A RESOLUTION APPROVING GENERAL PLAN NO. 2019-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL TO URBAN NEIGHBORHOOD; AND ADOPT AN ORDINANCE FOR AMENDMENT APPLICATION NO. 2019-01 TO REDESIGNATE THE ZONING DISTRICT FROM SINGLE-FAMILY RESIDENCE TO SPECIFIC DEVELOPMENT NO. 94 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR-7) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City, which may be amended by the City Council from time to time. B. Applicant is requesting approval of Amendment Application No. 2019-01 pursuant to Section 41-659 et seq. (Division 2 of Article V of Chapter 41) of the Santa Ana Municipal Code to redesignate the subject property from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94). C. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019. D. On May 13, 2019, the Planning Commission of the City of Santa Ana held a RESOLUTION NO. 2019-17 duly noticed public hearing. During its deliberations, all interested persons were given full opportunity to be heard and present evidence, and the .Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration, Environmental Review No. 2018-75. E. The Planning Commission has reviewed the information presented in the Request for Planning Commission Action staff report dated May 13, 2019, including any and all attachments therein. F. As part of the recommended action, the City Council will adopt separate resolutions for Mitigated Negative Declaration, Environmental Review No. 2018-75; for General Plan Amendment No. 2019-01; and an ordinance for Amendment Application No. 2019-01 (Attachments 1, 2, and 3). Section 2. The Planning Commission has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program are included as Attachment 13 to the Request for Planning Commission Action for the project dated May 13, 2019. Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered the analysis and conclusion of the MND as well as the mitigations outlined in the Mitigation Monitoring and Reporting Program. The Planning Commission recommends, as a result of its consideration and the evidence presented at the hearings on this matter, that the City Council determine that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the Planning Commission recommends that the City Council find 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 and the MND reflects the independent judgment and analysis of the City Council. Section 3. This Planning Commission of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council of the City of Santa Ana adopt the Mitigated Negative Declaration, Environmental Review No. 2018- 75 and approve the Mitigation Monitoring and Reporting Program, consistent with Public Resources Code section 21081.6; make implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project; adopt the Mitigation Monitoring and Reporting Program; and direct that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law; adopt a resolution approving General Plan Amendment No. 2019-01; and adopt an ordinance approving Amendment Application No. 2019-01 to facilitate construction of the subject development. Section 4. 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, and other and 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. ADOPTED this 13t" day of May, 2019 AYES: Benavides, Cano, Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney A&M�q� Marl cLoughlin Chairperson RESOLUTION NO. 2019-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2019. Date: �%/3�/�/ �PZAI� � Commission Secretary City of Santa Ana