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HomeMy WebLinkAbout2021-003 - Adopting a Mitigated Negative Declaration and Mitigation MonitoringLS 12.14.20 RESOLUTION NO. 2021-003 A RESOLUTION OF CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2020-48, RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-07 AND AMENDMENT APPLICATION NO. 2020-05 FOR THE PROJECT LOCATED AT 2530 AND 2534 WESTMINSTER 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. Brian Hendricks, representing Community Development Partners ("Applicant"), is requesting approval of General Plan Amendment (GPA) No. 2020-07 to amend the General Plan land use designation of the project site from General Commercial (GC) to Urban Neighborhood (UN) and Amendment Application (AA) No. 2020-05 to change the zoning designation of the project site from General Commercial (C2) to Specific Development No. 97 (SD-97) in order to facilitate the construction of an 85-unit affordable housing development at 2530 and 2534 Westminster 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 the Guidelines for the Implementation of the CEQA, 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 mitigation measures for the development site (2530 and 2534 Westminster Avenue) that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2020-48 for the proposed project, attached hereto as Exhibit A and incorporated herein by reference. The MND reflects the City's independent judgement and analysis as lead agency for the project. The Resolution No. 2021-003 Page 1 of 14 MND concluded that the project site would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, cultural resources, geology and soils, noise, and tribal cultural resources. E. On November 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2020-48, was published in the Orange County Register, a newspaper of general circulation, and was circulated to interested parties. F. The documents related to the MND were made available for a 20-day public review and comment period at the Santa Ana City Hall and on the project's webpage on the City's website. At the completion of the comment period, comments from Orange County Fire Authority (OCFA) and one resident were incorporated into the Final MND. G. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit B and incorporated herein by reference. H. On December 14, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and recommended that the City Council adopt MND, ER No. 2020-48, and the related MMRP for the project. I. On January 19, 2021, the City Council of the City of Santa Ana held a duly noticed public hearing and voted to approve a resolution to adopt MND, ER No. 2020-48, and the related MMRP for the project. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2020-48, 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 CEQA 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. Section 3. The City Council hereby adopts the MND, attached hereto as Exhibit A, and the MMRP, attached hereto as Exhibit B, and directs that a 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 City Council Action dated January 19, 2021 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 Resolution No. 2021-003 Page 2 of 14 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 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 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 6. 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 19th day of January. 2021. Vicente Sarmiento Mayor Resolution No. 2021-003 Page 3 of 14 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: !M 'h6. -fA,,& for Lisa Storck Assistant City Attorney AYES: Councilmembers Bacerra, Hernandez, Lopez. Mendoza, Phan, Penaloza. Sarmiento (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, Resolution No. 2021-003 to be the original City of Santa Ana on January 19, 2021. Date: ,a 1- 09 Resolution No. 2021-003 Page 4 of 14 do hereby attest to and certify the attached resolution adopted by the City Council of the Daisy Gome Clerk of the touncil City of Santa Ana EXHIBIT A MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration for the Project and Technical Studies are available online at: https://www.santa-ana.org/pb/planning-d ivision/major-planning-projects-and-monthly- development-project-reports/Westview-Housing Or by visiting: Planning and Building Agency— Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2021-003 Page 5 of 14 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code [PRC] 21081.6). PRC Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final certification of the Final Initial Study -Mitigated Negative Declaration (IS-MND). This Mitigation Monitoring and Reporting Program (MMRP) is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Final IS-MND, specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight. The table below, lists mitigation measures that reduce the potentially significant effects of the proposed project. These measures correspond to those discussed in in the IS - MIND. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised that identifies the timing and entity/agency responsible for monitoring each measure. The City of Santa Ana will have the responsibility for implementing the measures, and various public agencies will have the primary responsibility for enforcing, monitoring, and reporting the implementation of the mitigation measures. Resolution No. 2021-003 Page 6 of 14 O m 0 o c W 'ao U •� 1 ° 0 va'o a v o a 0 w m w a o c v ¢ m u m m • o c H c° o 4-1Y° m ,z >;a m 2 u E i O C H V m u °i O C > h 9 °U N E O m o m o m« o m v m ao o c '� Y o £ o o o. c° m m 3. — m 10 ''c' o. 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