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Home My WebLink About2020-033 - Approving and Adopting an Addendum to the Environemental Impact LS 3.23.20 RESOLUTION NO.2020-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE ONE BROADWAY PLAZA PROJECT (SCH NO. 99101047) FOR THE ONE BROADWAY PLAZA MIXED-USE DEVELOPMENT PROJECT AND RE- ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, Mike Harrah, representing Caribou Industries (hereinafter referred to as "Applicant"), is requesting approval of General Plan Amendment No. 2020-01 and Zoning Ordinance Amendment No. 2020-02 to allow the construction of a new mixed- use, 37-story residential and commercial development at 1109 North Broadway; and WHEREAS, the subject Property contains 4.34 acres currently developed with commercial office buildings and a vacant lot; and WHEREAS, the One Broadway Plaza Specific Development (SD-75) was adopted in 2004 as a result of interest in developing an office and commercial development within the Midtown Specific Plan District. The specific development zoning district for the site, which establishes land uses and development standards, allows a variety of office and commercial uses only. Such uses include approximately 490,003 square feet of office space, 10,000 square feet of retail space and 18,000 square feet of restaurant dining area ("Current Entitlements"); and WHEREAS, in 2004, the City Council of the City of Santa Ana certified the Environmental Impact Report (SCH No.99101047) and adopted a Mitigation Monitoring and Reporting Program ("MMRP") for One Broadway Plaza; and WHEREAS, the entitlements being sought for the proposed mixed-use development project include a general plan amendment and zoning ordinance amendment to allow up to 415 residential units within approximately 19 floors of the building ("Mixed-Use Project"). The remaining space will be use as office space, commercial and restaurant areas and residential amenities; and WHEREAS, in 2004, the City Council certified the Final Environmental Impact Report ("2004 EIR") for the One Broadway Plaza Project ("Originally Approved Plan"), which analyzed the potentially significant environmental impacts of an office and commercial tower, and WHEREAS, pursuant to the 2004 EIR, the subject site is entitled to be developed with a development consisting of office and commercial land uses; and Resolution No. 2020-033 Page 1 of 7 WHEREAS, the Current Entitlements could be developed without any further discretionary permits issued by the City; and WHEREAS, when compared against the Originally Approved Plan, the revised mixed-use development will not result in any new or intensified significant impacts; and WHEREAS, when compared against the Originally Approved Plan, the Mixed- Use Project represents a reduction of approximately 254,000 square feet of office use and the addition of up to 415 residential units; no change to the retail or dining uses will occur. The only revision is to permit residential uses in place of some of the permitted office use; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the proposed development; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the proposed project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, the analysis contained in the One Broadway Plaza EIR Addendum ("2020 Addendum") concluded that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, on March 30, 2020 at a duly noticed public hearing and at an April 2, 2020 adjourned meeting, the Planning Commission considered the 2020 Addendum and recommended that the City Council approve the proposed project and 2020 Addendum to the certified EIR, and re-adopt the MMRP; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. Resolution No. 2020-033 Page 2 of 7 SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 2004 EIR and the 2020 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the proposed development. The City Council further finds that the 2020 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the 2020 Addendum reflects the City's independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2004 EIR and the 2020 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the subject property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The Mixed-Use Project does not constitute a substantial change that would require major revisions of the 2004 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the Mixed-Use Project will be developed that would require major revisions of the 2004 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2004 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The City Council hereby finds that mitigation measures identified in the 2004 EIR remain applicable to the One Broadway Plaza mixed-use development. Resolution No. 2020-033 Page 3 of 7 These findings are laid out more specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto as Exhibit A. The City Council therefore hereby re- adopts those mitigation measures identified as remaining applicable to One Broadway Plaza, through the MMRP attached hereto and incorporated herein as Exhibit A. SECTION 5. The City Council hereby approves and adopts the 2020 Addendum to the EIR, attached hereto and incorporated herein as Exhibit B. 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, 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. SECTION 7. The City Council directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk's Office within five working days of the City Council's approval of the One Broadway Plaza Mixed-Use Development Project. SECTION 8. The 2004 EIR and the 2020 Addendum to the EIR, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file, are incorporated herein by reference and are available for public review online and at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92701. The custodian of these records is Daisy Gomez, City Clerk for the City. SECTION 9. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. Resolution No. 2020-033 Page 4 of 7 ADOPTED this 21st day of April , 2020. • Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ( C . Lisa Storck Assistant City Attorney AYES: Councilmembers Bacerra, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: Councilmembers Iglesias (1) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-033 to be the original resolution adopted by the City Council of the City of Santa Ana on April 21, 2020. Date: J --,3) 6:040 Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-033 Page 5 of 7 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM The 2004 One Broadway Plaza EIR Mitigation Monitoring and Reporting Program (MMRP) is available online at: https://www.santa-ana.org/onebroadwayplaza-environmental-impact-report Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2020-033 Page 6 of 7 EXHIBIT B ONE BROADWAY PLAZA EIR ADDENDUM The One Broadway Plaza Project EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- documents/onebroadwayplaza Or by visiting: Planning and Building Agency— Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2020-033 Page 7 of 7