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Home My WebLink About2020-092 - Rescinding City Council Resolution No. 2019-099RESOLUTION NO.2020-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING CITY COUNCIL RESOLUTION NO. 2019-099, UPHOLDING PLANNING COMMISSION'S ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY'S CALIFORNIA ENVIRONMENTAL QUALITY ACT -RELATED FINDINGS; AND DECLARING NULL AND VOID PLANNING COMMISSION'S RESOLUTION NOS. 2019-35, 2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301 AND 325 N. TUSTIN 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. On October 8, 2018, the Planning Commission of the City of Santa Ana took the following actions with regard to the property located at 301 and 325 N. Tustin Avenue (the "2018 Project"): 1. Adopted Resolution No. 2018-28, approving Conditional Use Permit No. 2018-18 to allow a drive -through; 2. Adopted Resolution No. 2018-35, approving Variance No. 2018-10 to allow for reduced yards for a service station; B. On November 20, 2018, the City Council of the City of Santa Ana took the following actions with regard to the 2018 Project: 1. Adopted Resolution No. 2018-081, adopting Mitigated Negative Declaration Environmental Review No. 2016-156 and corresponding Mitigation Monitoring and Reporting Program; 2. Adopted Resolution No. 2018-082, approving General Plan Amendment No. 2018-05 for the property located at 301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 East Fourth Street; 3. Introduced a first reading of Ordinance No. NS-2960, approving Amendment Application No. 2018-08 to rezone 301 and 325 N. Tustin Avenue, 401 N. Tustin Avenue, and 2320 East Fourth Street from Professional to General Commercial; Resolution No. 2020-092 Page 1 of 4 C. On December 4, 2018, after a second reading, the City Council of the City of Santa Ana adopted Ordinance No. NS-2960; D. Planning Commission Resolution Nos. 2018-28, 2018-35, and City Council Resolution Nos. 2018-081, 2018-082, and Ordinance No. NS-2960 shall be collectively referred to as the "2018 Approvals"; E. On September 9, 2019, the Planning Commission of the City of Santa Ana - took the following -actions with -regard -to -the -property -located -at 301-and 325 N. Tustin Avenue (the "2019 Project'): 1. Adopted Resolution No. 2019-35, approving Conditional Use Permit No. 2019-30 to allow a car wash; 2. Adopted Resolution No. 2019-36, approving an amendment to Variance No. 2018-10; 3. Adopted Resolution No. 2019-37, approving Conditional Use Permit No. 2019-31 to allow 24-hour operations of a retail store. 4. The City determined that the 2019 Project was eligible for a CEQA Class 32 In -fill Development Exemption. F. On October 15, 2019, the City Council upheld the Planning Commission's adoption of Resolution Nos. 2019-35, 2019-36, 2019-37, the City's CEQA Class 32 In -fill Development Exemption, and further determined that the 2019 Project was eligible for a CEQA Class 3 New Construction or Conversion of Small Structure Exemption after a duly noticed de novo public hearing on Appeal Application 2019-03, by City Council Resolution No. 2019-099. G. Planning Commission Resolution Nos. 2019-35, 2019-36, 2019-37, City Council Resolution No. 2019-099, and the City's CEQA Class 32 In -fill Development and Class 3 New Construction or Conversion of Small Structure Exemptions shall be collectively referred to as the "2019 Approvals"; H. By letter addressed to the City Council dated August 31, 2020 (Exhibit A attached hereto), the applicant for the 2019 Project, The Russell Fischer Partnership LP ("RF"), has chosen to not move forward with the development of the 2019 Project; I. Due to dramatic changes in the economy caused by the COVID-19 pandemic, RF sales and profits have substantially decreased, with little money coming in while RF still incurred and paid all business expenses, including employee wages. Therefore, RF has requested the City Council to rescind the 2019 Approvals because the 2019 Project is no longer financially feasible. Resolution No. 2020-092 Page 2 of 4 Section 2. The City Council hereby rescinds the following 2019 Approvals in and as such the 2019 Approvals shall have no further force or effect: A. City Council Resolution No. 2019-099, upholding the Planning Commission's adoption of Resolution Nos. 2019-35, 2019-36, and 2019-37; B. City's determination that the 2019 Project is eligible for a CEQA Class 32 In - fill Development Exemption and Class 3 New Construction or Conversion of Small Structure Exemptions. Furthermore, the City Council hereby declares null and void Planning Commission Resolution Nos. 2019-35, 2019-36, and 2019-37 such that these Resolutions are no longer in effect. C. Notwithstanding anything set forth herein to the contrary or anything set forth in any documents or agreements adopted and executed before the action taken by adoption of this Resolution, the obligations in the 2019 Approvals requiring the applicant to defend and indemnify the City shall remain in effect as if the 2019 Approvals were not rescinded. Section 3. The following 2018 Approvals have not expired and were not rescinded by the City, and therefore are valid and remain in full force and effect: A. Planning Commission Resolution No. 2018-28, approving Conditional Use Permit No. 2018-18 to allow a drive -through; B. Planning Commission Resolution No. 2018-35, approving Variance No. 2018- 10 to allow for reduced yards for a service station; C. City Council Resolution No. 2018-081, adopting Mitigated Negative Declaration Environmental Review No. 2016-156 and corresponding Mitigation Monitoring and Reporting Program; D. City Council Resolution No. 2018-082, approving General Plan Amendment No. 2018-05 for the property located at 301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 East Fourth Street; E. Ordinance No. NS-2960, approving Amendment Application No. 2018-08 to rezone 301 and 325 N. Tustin Avenue, 401 N. Tustin Avenue, and 2320 East Fourth Street from Professional to General Commercial. Section 4. This Resolution shall only take effect upon the full execution of the First Amendment to the Settlement Agreement by all the parties. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2020-092 Page 3 of 4 ADOPTED this 1st day of December, 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: � ` `. , Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Mendoza Solorio Villegas, Pulido (4) Bacerra Penaloza (2) Sarmiento (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-092 to be the original resolution adopted by the City Council of the City of Santa Ana on December 1,2020. t Date: �a % - 2Q?� &M-" Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-092 Page 4 of 4 Via F-Mail August 31, 2020 Honorable Mayor Miguel Pulido Honorable City Council Members City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: The Russell Fischer Partnership, LP 2019 Approvals Dear Honorable Mayor Pulido and Honorable City Council Members: In September 2019, the City of Santa Ana ("City") Planning Commission issued approvals to The Russell Fischer Partnership, L.P. ("RE"), for RE to develop an automated car wash, fuel .cation and convenience store C'2019 Project"). In connection with the 2019 Project, die Planning Commission issued the following approvals: Resolution No. 2019-35. approving Conditional Use Permit No. 2019-30 to allow a ear wash; Resolution No. 2019-36. approving an amendment to Variance No. 2015-10; and Resolution No. 2019-37, approving Conditional Use Permit No. 2019-31 to allow 24-hour operations of a retail store. The City determined that the 2019 Projca was eligible for a CEQA Class 321n-fill Development Exemption ("CEQA Exemption"). Resolution Nos. 2019-35.2019-36 and 2019-37 and the CEQA Exemption are collectively tic "2019 Approvals". RE has chosen to not move forward with the development of the 2019 Project, Due to dramatic changes in the economy caused by the COV ID-19 pandemic, RE sales and profits have substantially decreased. RE went almost two months without generating any income, while RE paid all business expenses, including employee wages. 'therefore, by this letter, RE hereby requests rice City Council to rescind the 2019 Approvals. As a condition precedent to RE's request for rescission of the 2019 Approvals, the City Council is to approve the settlement agreement which has been reached between RE and the City. 'I his condition precedent may be waived, ifat all. solely by PK if tie City does not approve die settlement agreement. ten KF's request to rescind the 2019 Approvals is hereby withdrawn. V V Chase Russell cc : Ms. Kristine Ridge Sonia Carvalho, Esq. Alisha Winlerswyc4, Esq.