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HomeMy WebLinkAbout5 - PUBLIC COMMENT_KOLDEWEYFrom:Salas, Diana To:!City Clerk; Fregoso, Vince; Bernal, Sarah; Pezeshkpour, Ali; Gutierrez, Fatima Subject:FW: Santa Ana Planning Commission Special Adjourned Virtual Meeting Thursday, April 2, 2020: Business Agenda Item No. 5(a) - (c) One Broadway Plaza (OBP) Date:Thursday, April 02, 2020 4:44:50 PM Attachments:image001.png image002.png image003.png Good Afternoon, The following communication pertaining to the Planning Commission meeting, has been received for your review and consideration. Kind Regards,     Diana Salas |Support Staff Clerk of the Council Office | 20 Civic Center Plaza | Santa Ana, CA 92701 714-647-6520 | dsalas@santa-ana.org www.santa-ana.org   www.ocvote.com   This e-mail (and attachments, if any) may be subject to the California Public Records Act,  and as such, may, therefore, be subject to public disclosure unless otherwise exempt under the Act.           From: Ellen Koldewey [mailto:mrskold@yahoo.com]  Sent: Thursday, April 02, 2020 4:36 PM To: eComment <ecomment@santa-ana.org>; McLoughlin, Mark <mmcloughlin@santa-ana.org>; Fregoso, Vince <VFregoso@santa- ana.org> Subject: Santa Ana Planning Commission Special Adjourned Virtual Meeting Thursday, April 2, 2020: Business Agenda Item No. 5(a) - (c) One Broadway Plaza (OBP) Greetings Chairperson McLoughlin and Commissioners, I am writing to you again about One Broadway Plaza (OBP) Business Agenda Item 5(a)-(c) continued from your March 30 virtual meeting. I urge the Planning Commission to either: *postpone your vote on the Applicant's requested amendments to give City the opportunity to renegotiate a new Development Agreement with the Applicant before making a recommendation on 5(a) - (c) to City Council or; *vote to recommend that the City Council conditionally approve the amendments in 5(a) - (c) contingent on the City renegotiating a new Development Agreement with the Applicant. I applaud the great effort by our City Staff and Planning Commission to continue to do the City's important business on behalf of Santa Ana's residents during this difficult time. I appreciate the opportunity to observe the Planning Commission's virtual meetings and to submit my written comments on Business Agenda Item 5(a)- (c) on Monday, March 30, 2020 and tonight. Nevertheless, I ask you to either delay your decision or make a recommendation for conditional approval on Agenda Items 5(a)-(c) for the following reason. On one hand, OBP is clearly not just a routine matter. To quote the Developer's website, OBP will be, "THE TALLEST URBAN EPICENTER IN THE HISTORY OF ORANGE COUNTY."* On the other hand, there is no emergency that warrants fast tracking this important decision during this very difficult time. Based on the information presented by the Planning Department and the Applicant at the March 30 virtual meeting, I just was not convinced that the there is any pressing need for the Planning Commission to immediately recommend final approval of the ordinance amendments to the City Council. There is no evidence that it would be unfair or harmful to either the Developer or the City to take some additional time to make this important decision. However, there is clear evidence that the Commission has been asked to make this important decision hastily and prematurely before the City has negotiated a new Development Agreement with the Applicant. To approve the Applicant's request under the present circumstances clearly benefits the Applicant but needlessly exposes your constituents to risk of harm. In a project of this magnitude, the interests of both the Developer and the current residents of the City---will be best served by taking a little more time to renegotiate a sound Development Agreement. As the City did in 2004, the Planning Commission and the Council should first approve a Development Agreement for OBP before voting for final approval of any Zoning and General Plan Amendments. I urge the Commission either to delay your vote or to to recommend that the City renegotiate a new Development Agreement with the Applicant as a condition to finally approving the present requests for amendment. To recommend approval of 5(a) - (c) tonight without a current Development Agreement can only harm the City's residents. I agreed with the Planning Agency's Executive Director when he indicated at the March 30, 2020 meeting that you can't "force the Developer to sign a development agreement." However, I was also concerned by this remark. Does it suggest that the City and Developer are facing obstacles to renegotiating a new development agreement? Are there new problems we need to discuss? Did the 2012 lapsing of the previous Development Agreement after being enacted in 2004 and amended in 2010 have any effect on the validity and effect on the Zoning or General Plan Amendments? To clear up these concerns, I request that the Commission inform your constituents when we can expect a new Development Agreement to be negotiated. Assuming that the City and the Developer are willing and able to renegotiate a new Development Agreement, I urge the City to vigorously negotiate with the Developer on our behalf for the best deal possible before finally approving the current amendments of 5(a)-(c). I appreciated Mr. Harrah's verbal promises at the March 30 virtual Planning Commission meeting on a number of ways he would be willing to improve the project to the benefit of the residents of the surrounding neighborhoods and the City. I urge the City to confirm these promises in a new Development Agreement or other legally binding document. I support the Developer's right to take advantage of the federal tax incentive program for his investment that designates downtown Santa Ana as an "Opportunity Zone" and the City's wish to make this development happen. I also want to make sure the projects in these zones create benefits for current residents as well as developers and investors in our City. ** At the March 30, 2020 virtual meeting, I had hoped to hear some compelling reason from Mr. Harrah or the City Staff to help me understand why the City needs to fast track the votes on 5(a) and (b). However, I did not hear that there would be any significant advantage to the City and our residents to do so. On the other hand, as I mentioned above, as a result of the information presented at this meeting, I became increasingly concerned that fast tracking this decision could result in harm to Santa Ana residents if the City approves the amendments to the zoning agreement and general plan without first renegotiating the lapsed Development Agreement. Please delay your decision or make your approval contingent on negotiating a solid Development Agreement. Thank you for your consideration and your tremendous effort in conducting the business of our City under very difficult circumstances. I am writing to you as an individual Santa Ana resident and voter. Respectfully submitted, Mrs. Ellen Koldewey Santa Ana CA 92706 *(http://www.theonebroadwayplaza.com) ** (https://www.ocregister.com /2019/01/21/ trumps-tax-overhaul-could-give-santa-anas-planned-skyscraper-a-boost/) by Jeff Collins (JeffCollins@scng.com), Business, Orange County Register, 1/21/2019.