HomeMy WebLinkAboutItem 19 - Resolution Repealing Resolution No. 2019-107 Regarding 2525 N Main St. Planning and Building Agency
www.santa-ana.org/pba
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental
approvals for the project located at 2525 North Main Street
AGENDA TITLE
Resolution Repealing Resolution No. 2019-107 Regarding 2019 Environmental
Approvals for Project Located at 2525 North Main Street
RECOMMENDED ACTION
Adopt a Resolution repealing Resolution No. 2019-107 (1) adopting environmental
findings of fact pursuant to the California Environmental Quality Act; (2) certifying the
final environmental impact report (SCH #2018021031), (3) adopting a statement of
overriding considerations for the proposed project, (4) adopting the mitigation
monitoring and reporting program, and (5) approving the proposed Addington
multifamily residential project located within the City of Santa Ana at 2525 North Main
Street.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 2019-107 (1)
ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (SCH #2018021031), (3) ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED
PROJECT, (4) ADOPTING THE MITIGATION MONITORING AND REPORTING
PROGRAM, AND (5) APPROVING THE PROPOSED ADDINGTON MULTI-FAMILY
RESIDENTIAL PROJECT LOCATED WITHIN THE CITY OF SANTA ANA AT 2525
NORTH MAIN STREET
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Project Approval Background
In July 2019, the Project, consisting of a 476 unit residential development, was
Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental approvals
for the project located at 2525 North Main Street
February 4, 2025
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presented to the City Council. The City Council remanded the Project back to the
Planning Commission for further consideration. In August 2019, the Project went to the
Planning Commission with a reduction in the number of units, density, and number of
stories. The vote resulted in an impasse.
On October 28, 2019, the Planning Commission voted not to recommend certification of
the EIR to the City Council and to deny the proposed development and related Project
approvals.
On November 19, 2019, the Project was presented to the City Council for
consideration. This included certification and adoption of the Final Environmental
Impact Report (Final EIR), clarification to the Final EIR document, a mitigation
monitoring and reporting program, and a statement of overriding conditions;
Development Agreement; General Plan amendment to change the land use designation
of the property from Professional and Administrative Office (PAO) to District Center
(DC); Amendment application to rezone the property from Professional (P) to Specific
Development No. 93 (SD-93). The first reading of the zone change and development
agreement were approved along with the Final EIR and mitigation monitoring
program. On December 3, 2019, the second reading of the ordinances was held. The
matter was continued to December 17, 2019 and then to January 21, 2020.
On January 21, 2020, the zone change and development agreement ordinances were
adopted. A Referendum petition regarding the zone change was circulated and
ultimately successful. On May 5, 2020, the City Council rescinded approval of the zone
change for the Project.
CEQA Litigation
In January 2020, the City was served with litigation alleging violation of the California
Environmental Quality Act (“CEQA”) brought by Santa Ana Citizens for Responsible
Development against the City and the developer of the Project, AC2525 Main LLC (Real
Party in Interest). The matter was settled in December 2024 with no payment of monies
on behalf of the City. The settlement included an agreement not to rely upon the EIR
for any future development of the property. Staff recommends rescinding Resolution
No. 2019-107 relating to approval of the Final EIR.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Resolution Repealing Resolution No. 2019-107 regarding 2019 environmental approvals
for the project located at 2525 North Main Street
February 4, 2025
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EXHIBIT(S)
1. Resolution
2. Resolution No. 2019-107
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
Resolution No. 2025-xx
Page 1 of 5
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RESCINDING RESOLUTION NO. 2019-107 (1)
ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2)
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH #2018021031), (3) ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE PROPOSED
PROJECT, (4) ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND (5) APPROVING THE
PROPOSED ADDINGTON MULTI-FAMILY RESIDENTIAL
PROJECT LOCATED WITHIN THE CITY OF SANTA ANA AT
2525 NORTH MAIN STREET
WHEREAS, AC 2525 Main, LLC (“AC 2525”) sought to develop the Addington
Multi-Family Residential Project (“Project”), originally proposed as a 496-unit multi-
family residential project on a 5.93-acre site at 2525 North Main Street in Santa Ana,
California (“Project Site”); and
WHEREAS, on January 14, 2019, the Planning Commission conducted a duly
noticed public hearing to consider the EIR, Development Agreement No. 2018-01,
General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and
solicited comments on the EIR. At the meeting, seventy-nine (79) members of the
public spoke on the item, thirty (30) speakers supported the project, forty-eight (48)
opposed it and one speaker was neutral. After hearing all relevant testimony from staff,
the public and the City’s consultant team, the Planning Commission voted to
recommend that the City Council not certify the EIR or adopt the findings, the statement
of overriding considerations and the mitigation monitoring and reporting program and
deny the Project; and
WHEREAS, on February 5, 2019, the City Council conducted a duly noticed
public hearing to consider the EIR, Development Agreement No. 2018 -01, General Plan
Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited
comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on
the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed
it and three (3) speakers were neutral and the public hearing was continued to the next
regular adjourned City Council meeting on February 19, 2019; and
WHEREAS, on February 19, 2019, the City Council continued to conduct the
duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01,
General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and
solicited comments on the EIR. At the meeting, one hundred and thirty-one (131)
members of the public spoke on the item, twenty-six (26) speakers supported the
project and one hundred and five (105) speakers opposed it. Furthermore, one hundred
and sixty-six (166) written comments were received with nine (9) in support and one
Resolution No. 2025-xx
Page 2 of 5
hundred and fifty-seven (157) in opposition. After hearing all relevant testimony from
staff, the public and the City’s consultant team, the City Council voted that the
applications go back to the Planning Commission for reconsideration after further
consultation with the community; and
WHEREAS, in June 2019, the applicant submitted a revised plan consisting of
development 347 multi-family units (59 dwelling units per acre), with 642 parking spaces
(1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4 -
story residential building wrapped around a five-level parking structure with an amenity
deck on the sixth-level, private open space, and redesigned the intersection of Main
Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93 -
acre site (the “June Revised Plan”); and
WHEREAS, on August 12, 2019, the Planning Commission conducted a duly
noticed public hearing to consider the June Revised Plan. At the meeting, seventy-
seven (77) members of the expressed opposition; nine (9) supported the project, and
one speaker was neutral. In addition, one-hundred (100) written comments were
received with six (6) in support and ninety-four (94) in opposition. After hearing all
relevant testimony from staff, the public and the City’s consultant team, the Planning
Commission vote resulted in an impasse; and
WHEREAS, in October 2019, in response to comments received the applicant
submitted a further revised plan including redevelopment of the 5.93-acre site with
444,534 square feet of total development, including 277,281 square feet of residential
buildings that would provide 256 for-rent multi-family residential units and a 167,253
square foot central parking structure and a 284 space surface level parking lot which
also reduced the Project’s height, increased the Project’s setbacks, and modified the
Project entrance (“October Modified Project”); and
WHEREAS, the City prepared “Clarifications to the Final EIR” to determine if the
October Modified Project would result in new or substantially increased environmental
effects than those analyzed in the EIR such that the EIR would require recirculation
prior to its certification; and
WHEREAS, the Clarifications to the Final EIR include detailed analysis, based
upon substantial evidence, that demonstrate that the Modified Project would not result
in any new or substantially greater impacts than are disclosed in the EIR, no new
mitigation measures beyond those identified in the EIR are required, and no additional
feasible alternatives or mitigation measures considerably different from others
previously analyzed would clearly lessen the significant environmental impacts of the
project; and
WHEREAS, on October 28, 2019, the Planning Commission conducted a duly
noticed public hearing to consider the EIR, Development Agreement No. 2018 -01,
General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and
solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and
two (2) in expressed support the project. In addition, ninety-eight (98) individuals
submitted comments with ninety-four (94) in opposition and four (4) in support; and
Resolution No. 2025-xx
Page 3 of 5
WHEREAS, after hearing all relevant testimony from staff, the public and the
City’s consultant team, the Planning Commission by a vote of 3:2, voted to recommend
denial of the project. Since the entitlements required final action by the City Council, the
actions were forwarded to the City Council; and
WHEREAS, on November 19, 2019, the City Council conducted a duly noticed
public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan
Amendment No. 2018-06, and Amendment Application No. 2018-10 and at which
hearing members of the public were afforded an opportunity to comment upon
Environmental Impact Report No. 2018-01. After hearing all relevant testimony from
staff, the public and the City’s consultant team, the City Council voted to certify the EIR,
adopt the findings, the statement of overriding considerations and the mitigation
monitoring and reporting program and approve the October Modified Project; and
WHEREAS, the “EIR” consists of the Final EIR, Clarifications to the Final EIR,
and all attachments and appendices to both the Final EIR and the Clarifications to the
Final EIR, as well as the Draft EIR and its attachments and appendices (as modified by
the Final EIR); and
WHEREAS, on November 19, 2019, the Project was presented to the City
Council for consideration. This included certification and adoption of the Final
Environmental Impact Report (Final EIR), clarification to the Final EIR document, a
mitigation monitoring and reporting program, and a statement of overriding conditions;
Development Agreement; General Plan amendment to change the land use designation
of the property from Professional and Administrative Office (PAO) to District Center
(DC); Amendment application to rezone the property from Professional (P) to Specific
Development No. 93 (SD-93). The first reading of the zone change and development
agreement were approved along with the Final EIR and mitigation monitoring program.
WHEREAS, on December 3, 2019, the second reading of the ordinances was
held. The matter was continued to December 17, 2019 and then to January 21, 2020.
WHEREAS, on January 21, 2020, the zone change and development agreement
ordinances were adopted.
WHEREAS, the Project approved entailed, among other things, (1) demolition of
the existing 81,172 square foot vacant two -story office building and 442-space surface
parking lot on the Project Site; (2) redevelopment of the 5.93 -acre site with 444,534
square feet of total development, including 277,281 square feet of residential buildings
that would provide 256 for-rent multi-family residential units and a 167,253 square foot
central parking structure and a 284 space surface level parking lot for residential and
commercial parking; (3) approval of Development Agreement No. 2018-01 between the
City of Santa Ana (“City”) and Applicant; (4) approval of General Plan Amendment No.
2018-06, which would change the Project Site’s existing land use designation of
Professional & Administration Office (PAO) to District Center (DC); and (5) approval of
Amendment Application No. 2018-10, which would change the zoning of the Project Site
from Professional (P) to Specific Development No. 93 (SD-93) designation; and
Resolution No. 2025-xx
Page 4 of 5
WHEREAS, the approved Project included review and certification of an
Environmental Impact Report (the “EIR”) (SCH# 2018021031) (Environmental Impact
Report No. 2018-01), and approval of Development Agreement No. 2018-01, General
Plan Amendment No. 2018-06, and Amendment Application No. 2018-10; and
WHEREAS, a Referendum petition regarding the zone change was circulated
and gathered sufficient signatures for placement on the ballot . On May 5, 2020, the City
Council rescinded approval of the zone change for the Project.
WHEREAS, in January 2020, the City was served with litigation alleging violation
of the California Environmental Quality Act brought by Santa Ana Citizens for
Responsible Development regarding the environmental approvals for the Project.
WHEREAS, the matter settled in December 2024 and the settlement included an
agreement not to rely upon the EIR for any future development of the property.
WHEREAS, the Santa Ana City Council intends to rescind Resolution No. 2019-
107 relating to approval of the Final EIR.
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:
The City Council hereby rescinds Resolution No. 2019-107 (1) adopting
environmental findings of fact pursuant to the California Environmental Quality Act; (2)
certifying the final environmental impact report (SCH #2018021031), (3) adopting a
statement of overriding considerations for the proposed project, (4) adopting the
mitigation monitoring and reporting program, and (5) approving the proposed Addington
multifamily residential project located within the City of Santa Ana at 2525 North Main
Street.
Section 2. 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.
ADOPTED this ___ day of February, 2025.
_______________________
Valerie Amezcua
Mayor
Resolution No. 2025-xx
Page 5 of 5
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers ___________________________________
NOES: Councilmembers ___________________________________
ABSTAIN: Councilmembers ___________________________________
NOT PRESENT: Councilmembers ___________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2025-xxx to be the original resolution adopted by the City Council of the City of Santa Ana
on February ___, 2025.
Date: ____________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
LS 11.19.19
RESOLUTION NO. 2019-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA (1) ADOPTING ENVIRONMENTAL FINDINGSOFFACTPURSUANTTOTHECALIFORNIA
ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THEFINALENVIRONMENTALIMPACTREPORT (SCH
2018021031), (3) ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE PROPOSEDPROJECT, (4) ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND (5)
APPROVING THE PROPOSED ADDINGTON MULTI-
FAMILY RESIDENTIAL PROJECT LOCATED WITHIN THE
CITY OF SANTA ANA AT 2525 NORTH MAIN STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA ASFOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determinesanddeclaresasfollows:
WHEREAS, AC 2525 Main, LLC ("Applicant") seeks to develop the AddingtonMulti -Family Residential Project ("proposed Project"), originally proposed as a 496-unitmulti -family residential project on a 5.93-acre site at 2525 North Main Street in SantaAna, California ("Project Site'); and
WHEREAS, during the entitlement and environmental review process, and inresponsetocommentsandconcernsraisedbythepublicandtheCity's electedofficials, the Applicant has proposed modifications to the original proposal; and
WHEREAS, the Project as currently proposed now entails, among other things, 1) demolition of the existing 81,172 square foot vacant two-story office building and442-space surface parking lot on the Project Site; (2) redevelopment of the 5.93-acresitewith444,534 square feet of total development, including 277,281 square feet ofresidentialbuildingsthatwouldprovide256for -rent multi -family residential units and a167,253 square foot central parking structure and a 284 space surface level parking lotforresidentialandcommercialparking; (3) approval of Development Agreement No. 2018-01 between the City of Santa Ana ("City") and Applicant; (4) approval of GeneralPlanAmendmentNo. 2018-06, which would change the Project Site's existing land usedesignationofProfessional & Administration Office (PAO) to District Center (DC); and5) approval of Amendment Application No. 2018-10, which would change the zoning oftheProjectSitefromProfessional (P) to Specific Development No. 93 (SD-93) designation; and
Resolution No. 2019-107
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WHEREAS, the proposed Project has been submitted and requires review and
certification of an Environmental Impact Report (the "EIR") (SCH# 2018021031)
Environmental Impact Report No. 2018-01), and approval of Development AgreementNo. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No.
2018-10; and
WHEREAS, the Project Site is located at the northeast corner of North MainStreetandEdgewoodRoadandthepropertiesimmediatelyadjacenttothesiteincludeSantiagoParktothenorth, single-family residential homes to the south and east andtheDiscoveryScienceCenterofOrangeCountyacrossMainStreettothewest. TheProjectSiteislocatedonNorthMainStreet, an urban corridor within the City. TheProjectSiteisalsolocatedatamainentrypointtotheParkSantiagoNeighborhood, aresidentialneighborhoodpredominantlycomprisedofdetachedsingle-family dwellings;
and
WHEREAS, pursuant to section 21067 of the Public Resources Code, andsection15367oftheStateCEQAGuidelines (California Code of Regulations, Title 14, § 15000 et seq.), the City of Santa Ana is the lead agency for the proposed Project; and
WHEREAS, in accordance with State CEQA Guidelines section 15063, the CityconductedanInitialStudytodetermineiftheProjectmayhaveasignificanteffectontheenvironmentandtoevaluatewhetheranEnvironmentalImpactReport ("EIR") was
required; and
WHEREAS, after conducting the Initial Study, the City determined that an EIRshouldbepreparedtoevaluatetheproposedProject's potential to have a significanteffectontheenvironmentinthefollowingareas: Aesthetics, Air Quality, BiologicalResources, Cultural Resources, Greenhouse Gas Emissions, Hazards and HazardousMaterials, Land Use and Planning, Noise, Population and Housing, Public Services,
Recreation, Transportation/Traffic, and Utilities; and
WHEREAS, based on the Initial Study, the City further determined that impactstoAestheticsregardingscenicresourcesincluding, but not limited to, trees, rockoutcroppings, and historic buildings within a state scenic highway; to Agriculture andForestryResourcesregardingfarmland; agricultural land, forest land timberland orconversionof; to Biological Resources regarding wetlands, conflicts with a treepreservationpolicyorordinance, conflicts with a Habitat Conservation Plan or NaturalCommunityConservationPlan; to Geology and Soils regarding a known earthquakefault, landslides, or soils incapable of adequately supporting septic tanks or waste waterdisposal; to Hazards regarding sites listed on a hazardous materials site, an airport land
use plan, private airstrip or wildland fires; to Hydrology and Water Quality regardinghousingwithina100-year flood hazard area; to Land Use and Planning regardingconflictswithaHabitatConservationPlanorNaturalCommunityConservationPlan; toMineralResourcesregardinglossofamineralresourcetotheregionorlocally; to Noiseregardingconflictswithanairportlanduseplanorprivateairstrip; Population andHousingregardingdisplacingexistinghousingnecessitatingreplacementhousingor
Resolution No. 2019-107
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LS 11.19.19
displacing substantial number of persons necessitating construction of replacementhousing; to Transportation/Traffic regarding a change in air traffic patterns; to UtilitiesandServiceSystemsregardingfederal, state and local solid waste regulations wouldhavenoimpactorbelessthansignificantandthusneednotbeanalyzedfurtherintheEIR; and
WHEREAS, in accordance with State CEQA Guidelines section 15082, onFebruary12, 2018, the City sent to the Office of Planning and Research and eachresponsibleandtrusteeagencyaNoticeofPreparation ("NOP") - which was also
published in the Orange County Register, a newspaper of general circulation - statingthatanEnvironmentalImpactReport (State Clearinghouse Number #2018021031) would be prepared; and
WHEREAS, during the public comment period, copies of the Initial Study wereavailableforreviewandinspectionatCityHall (20 Civic Center Plaza), on the City'swebsite, and at the Santa Ana Public Library (26 Civic Center Plaza); and
WHEREAS, pursuant to Public Resources Code section 21083.9 and StateCEQAGuidelinessections15082(c) and 15083, the City held a duly noticed ScopingMeetingonMarch1, 2018, to solicit comments on the scope of the environmentalreviewoftheproposedProject; and
WHEREAS, one hundred and sixty-three (163) comment letters were received inresponsetotheNOP; and
WHEREAS, a Draft Environmental Impact Report ("Draft EIR") was prepared fortheproposedProject, addressing comments received in response to the NOP and
evaluating the proposed Project's potentially significant environmental impacts; and
WHEREAS, the Draft EIR concluded that the proposed Project would have asignificantandunavoidableimpacttoAestheticswiththeimplementationofmitigation
measures regarding the existing visual character of the Project Site and its
surroundings, as implementation of the proposed Project would result in a significantandunavoidablechangeinvisualscale, height, and setbacks from Santiago Park, Edgewood Road, and North Bush Street; and
WHEREAS, the Draft EIR further determined that mitigation measures wererequiredtomitigateimpactstoalessthansignificantlevelforthefollowingresourceareas: Air Quality, Biological Resources, Hazards and Hazardous Materials, Noise, andTribalCulturalResources; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a NoticeofCompletionwaspreparedandfiledwiththeOfficeofPlanningandResearchonAugust7, 2018; and
Resolution No. 2019-107
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WHEREAS, as required by State CEQA Guidelines section 15087(a), the City
provided a Notice of Availability of the Draft EIR to the public - and published the NoticeofAvailabilityintheOrangeCountyRegister - at the same time that the City sent aNoticeofCompletiontotheOfficeofPlanningandResearchonAugust7, 2018; and
WHEREAS, during the public comment period, copies of the Draft EIR andtechnicalappendiceswereavailableforreviewandinspectionatCityHall (20 CivicCenterPlaza), on the City's website, and at the Santa Ana Public Library (26 Civic
Center Plaza); and
WHEREAS, during the public comment period, on August 27, 2018, the PlanningCommissionheldadulynoticedpublichearingtoreceivecommentsontheDraftEnvironmentalImpactReportpursuanttoStateCEQAGuidelinessection15087(i); and
WHEREAS, in response to a request from Chatten-Brown & Cartens LLP, on
behalf of the North Santa Ana Preservation Alliance, the City extended the DraftEnvironmentalImpactReportpublicreviewandcommentperiodtoOctober4, 2018 to
allow additional time for public review and input; and
WHEREAS, consistent with State CEQA Guidelines section 15087(e), the DraftEIRwascirculatedfora59-day review period, from August 7, 2018 to October 4, 2018;
and
WHEREAS, during the 59-day public comment period, the City consulted with
and requested comments from all responsible and trustee agencies, other regulatoryagencies, and others pursuant to State CEQA Guidelines section 15086; and
WHEREAS, the City received forty-four (44) written comment letters and six (6) verbal comments on the Draft EIR at the August 27, 2018 public hearing, including awrittenacknowledgementfromtheStateClearinghousethattheCityhascompliedwith
CEQA environmental review requirements; and
WHEREAS, pursuant to Public Resources Code section 21092.5, on November15, 2018, the City provided copies of its responses to commenting public agencies andinterestedorganizationsandpartiesmorethanten (10) days prior to the City's
consideration of the Final EIR; and
WHEREAS, on November 15, 2018, the City released the Final EIR ("Final EIR"), which consists of the Draft EIR, all technical appendices prepared in support of the DraftEIR, all written comment letters received on the Draft EIR, written responses to allwrittencommentlettersreceivedandverbalcommentsreceivedontheDraftEIR, revisions to the Draft EIR and technical appendices, and the Mitigation Monitoring and
Reporting Program; and
WHEREAS, on November 26, 2018, the Planning Commission continued a duly
noticed public hearing for the project to January 14, 2019 and held a second study
Resolution No. 2019-107
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LS 11.19.19
session to overview the Project and fifty-eight (58) verbal comments were receivedtwenty-five (25) in support; thirty (31) in opposition and two (2) neutral) and eleven (11)
written comments were received (two (2) in support and nine (9) in opposition); and
WHEREAS, on January 14, 2019, the Planning Commission conducted a dulynoticedpublichearingtoconsidertheEIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and
solicited comments on the EIR. At the meeting, seventy-nine (79) members of the
public spoke on the item, thirty (30) speakers supported the project, forty-eight (48) opposed it and one speaker was neutral. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission voted to
recommend that the City Council not certify the EIR or adopt the findings, the statementofoverridingconsiderationsandthemitigationmonitoringandreportingprogramanddenytheProject; and
WHEREAS, on February 5, 2019, the City Council conducted a duly noticedpublichearingtoconsidertheEIR, Development Agreement No. 2018-01, General PlanAmendmentNo. 2018-06, and Amendment Application No. 2018-10 and solicited
comments on the EIR. At the meeting, sixty-one (61) members of the public spoke ontheitem, thirty-eight (38) speakers supported the project, twenty (20) speakers opposeditandthree (3) speakers were neutral and the public hearing was continued to the next
regular adjourned City Council meeting on February 19, 2019; and
WHEREAS, on February 19, 2019, the City Council continued to conduct thedulynoticedpublichearingtoconsidertheEIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 andsolicitedcommentsontheEIR. At the meeting, one hundred and thirty-one (131) members of the public spoke on the item, twenty-six (26) speakers supported theprojectandonehundredandfive (105) speakers opposed it. Furthermore, one hundredandsixty-six (166) written comments were received with nine (9) in support and one
hundred and fifty-seven (157) in opposition. After hearing all relevant testimony fromstaff, the public and the City's consultant team, the City Council voted that the
applications go back to the Planning Commission for reconsideration after furtherconsultationwiththecommunity; and
WHEREAS, in June 2019, the applicant submitted a revised plan consisting ofdevelopment347multi -family units (59 dwelling units per acre), with 642 parking spaces1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4-
story residential building wrapped around a five -level parking structure with an amenitydeckonthesixth -level, private open space, and redesigned the intersection of MainStreetandWalkieWay/Santiago Park Drive to provide access to the project on a 5.93- acre site (the "June Revised Plan"); and
WHEREAS, on August 12, 2019, the Planning Commission conducted a dulynoticedpublichearingtoconsidertheJuneRevisedPlan. At the meeting, seventy- seven (77) members of the expressed opposition; nine (9) supported the project, and
Resolution No. 2019-107
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one speaker was neutral. In addition, one -hundred (100) written comments werereceivedwithsix (6) in support and ninety-four (94) in opposition. After hearing allrelevanttestimonyfromstaff, the public and the City's consultant team, the Planning
Commission vote resulted in an impasse; and
WHEREAS, in October 2019, in response to comments received the applicantsubmittedafurtherrevisedplanincludingredevelopmentofthe5.93-acre site with444,534 square feet of total development, including 277,281 square feet of residentialbuildingsthatwouldprovide256for -rent multi -family residential units and a 167,253squarefootcentralparkingstructureanda284spacesurfacelevelparkinglotwhichalsoreducedtheProject's height, increased the Project's setbacks, and modified the
Project entrance ("October Modified Project"); and
WHEREAS, the City has prepared "Clarifications to the Final EIR" to determine iftheOctoberModifiedProjectwouldresultinneworsubstantiallyincreasedenvironmentaleffectsthanthoseanalyzedintheEIRsuchthattheEIRwouldrequire
recirculation prior to its certification; and
WHEREAS, the Clarifications to the Final EIR include detailed analysis, baseduponsubstantialevidence, that demonstrate that the Modified Project would not resultinanyneworsubstantiallygreaterimpactsthanaredisclosedintheEIR, no newmitigationmeasuresbeyondthoseidentifiedintheEIRarerequired, and no additionalfeasiblealternativesormitigationmeasuresconsiderablydifferentfromotherspreviouslyanalyzedwouldclearlylessenthesignificantenvironmentalimpactsofthe
project; and
WHEREAS, on October 28, 2019, the Planning Commission conducted a dulynoticedpublichearingtoconsidertheEIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 andsolicitedcommentsontheEIR. At the meeting, sixty-two (62) expressed opposition andtwo (2) in expressed support the project. In addition, ninety-eight (98) individualssubmittedcommentswithninety-four (94) in opposition and four (4) in support; and
WHEREAS, after hearing all relevant testimony from staff, the public and theCity's consultant team, the Planning Commission by a vote of 3:2, voted to recommenddenialoftheproject. Since the entitlements require final action by the City Council, the
actions were forwarded to the City Council; and
WHEREAS, on November 8, 2019, the City gave public notice of a City Council
public hearing for consideration of Environmental Impact Report No. 2018-01 (StateClearinghouseNumber #2018021031) by advertising in the Orange County Register, anewspaperofgeneralcirculation, and by mailing to owners of property and residents
within 500 feet of the Project; and
WHEREAS, on November 19, 2019, the City Council conducted a duly noticed
public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan
Resolution No. 2019-107
Page 6 of 11
LS 11.19.19
Amendment No. 2018-06, and Amendment Application No. 2018-10 and at whichhearingmembersofthepublicwereaffordedanopportunitytocommentuponEnvironmentalImpactReportNo. 2018-01. After hearing all relevant testimony fromstaff, the public and the City's consultant team, the City Council voted to certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation
monitoring and reporting program and approve the October Modified Project; and
WHEREAS, the "EIR" consists of the Final EIR, Clarifications to the Final EIR, and all attachments and appendices to both the Final EIR and the Clarifications to theFinalEIR, as well as the Draft EIR and its attachments and appendices (as modified bytheFinalEIR); and
WHEREAS, all potentially significant adverse environmental impacts weresufficientlyanalyzedintheEIR; and
WHEREAS, as contained herein, the City Council has endeavored in good faithtosetforththebasisforitsdecisionandrecommendationsontheProject; and
WHEREAS, all of the requirements of the Public Resources Code and the StateCEQAGuidelineshavebeensatisfiedbytheCityinconnectionwiththepreparationoftheEIR, which is sufficiently detailed so that all of the potentially significantenvironmentaleffectsoftheProjecthavebeenadequatelyevaluated; and
WHEREAS, all of the findings and conclusions made by the City CouncilPursuanttothisResolutionarebasedupontheoralandwrittenevidencepresentedtoitasawholeandtheentiretyoftheadministrativerecordfortheProject, which areincorporatedhereinbythisreference, and not based solely on the information providedinthisResolution; and
WHEREAS, the City Council finds that the Project's significant environmentalimpactsthatcannotbemitigatedtoalessthansignificantlevelevenwiththeincorporationofallfeasiblemitigationmeasures, as identified in the EIR, are describedinSection7oftheCEQAFindingsofFact, attached hereto as Exhibit "A"; and
WHEREAS, the City Council finds that the Project's environmental impacts thatarelessthansignificantwiththeincorporationofmitigationmeasures, as identified intheEIR, are described in Section 8 of the Findings of Fact, attached hereto as ExhibitA"; and
WHEREAS, the City Council finds that environmental impacts that are identifiedintheEIRaslessthansignificantanddonotrequiremitigationaredescribedinSection9oftheFindingsofFact, attached hereto as Exhibit "A"; and
WHEREAS, the cumulative impacts of the Project identified in the EIR aredescribedinSection9.17 of the Findings of Fact, attached hereto as Exhibit "A'; and
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WHEREAS, the potential significant and irreversible environmental changes thatwouldresultfromtheproposedProjectidentifiedintheEIRandsetforthherein, aredescribedinSection10oftheFindingsofFact, attached hereto as "Exhibit A"; and
WHEREAS, the existence of any growth -inducing impacts resulting from theproposedProjectidentifiedintheEIRandsetforthherein, are described in Section 11oftheFindingsofFact, attached hereto as Exhibit "A"; and
WHEREAS, alternatives to the proposed Project that might further reduce theproposedProject's environmental impacts are described in Section 12 of the Findings of
Fact, attached hereto as Exhibit "A"; and
WHEREAS, prior to taking action, the City Council has heard, been presented
with, reviewed and considered all of the information and data in the administrativerecord, including but not limited to the EIR, and all oral and written evidence presented
to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City Council and isdeemedadequateforpurposesofmakingdecisionsonthemeritsoftheProject; and
WHEREAS, no comments made in the public hearing conducted by the CityCouncilandnoadditionalinformationsubmittedtotheCityhaveproducedsubstantialnewinformationrequiringrecirculationoftheEIRoradditionalenvironmentalreviewoftheProjectunderPublicResourcesCodesection21092.1 and State CEQA Guidelines
section 15088.5; andWHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
1. The City Council hereby finds that it has been presented with theEIR, which it has reviewed and considered, and further finds that
the EIR is an accurate and objective statement that has beencompletedinfullcompliancewithCEQAandtheStateCEQAGuidelines, and that the EIR reflects the independent judgment and
analysis of the City.
2. The City Council declares that no evidence of new significant
impacts or any new information of "substantial importance", asdefinedbyStateCEQAGuidelinessection15088.5, has beenreceivedbytheCityaftercirculationoftheDraftEIRthatwould
require recirculation of the EIR.
NOW THEREFORE, THE CITY COUNCIL HEREBY:
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LS 11.19.19
1. Adopts the Findings of Fact, attached hereto and incorporated
herein as Exhibit "A."
2. Certifies the EIR based on the entirety of the record of proceedings.
3. Adopts the Statement of Overriding Considerations, attached
hereto and incorporated herein as Exhibit "B", after balancing the
significant and unavoidable aesthetic impacts of the Project against
the benefits of the Project.
4. Adopts the Mitigation Monitoring and Reporting Program attached
hereto and incorporated herein as Exhibit "C", 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; and find
that in the event of any inconsistencies between the Mitigation
Measures set forth herein and the Mitigation Monitoring and
Reporting Program, the Mitigation Monitoring and Reporting
Program shall control.
5. Directs City staff to cause a Notice of Determination to be filed and
posted with the County of Orange Registrar-Recorder/County ClerkandtheStateClearinghousewithinfive (5) working days of the City
Council's final Project approval.
Section 2. INDEMNIFICATION. The Applicant has agreed to and shall
indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalitiesthereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and
other proceedings (whether legal, equitable, declaratory, administrative or adjudicatoryinnature), and alternative dispute resolution procedures (including, but not limited toarbitrations, 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 ActionsarebroughtundertheRalphM. Brown Act, California Environmental Quality Act, the
Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections1085or1094.5, 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 beunreasonablywithheld, the legal counsel providing the City's defense, and thatApplicantshallreimbursetheCityforanycostsandexpensesdirectlyandnecessarily
incurred by the City in the course of the defense. City shall promptly notify the Applicant
Resolution No. 2019-107
Page 9 of 11
of any Action brought and City shall cooperate with Applicant in the defense of theAction.
Section 3. EXECUTION OF RESOLUTION. The Mayor shall sign this ResolutionandtheClerkoftheCouncilshallattestandcertifytotheadoptionthereof.
ADOPTED this 19th day of November . 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: c
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Iglesias, Pena loza, Sarmiento Solorio(4)
Bacerra Pulido Ville as 3
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council,
Resolution No. 2019-107 to be the original
City of Santa Ana on November 19, 2019
Date: //
Resolution No. 2019-107
Page 10 of 11
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Daisy Gomez
Clerk of the Council
City of Santa Ana
LS 11.19.19
FOR EXHIBITS
REFERENCE
LASERFICHE
Resolution No. 2019-107
Page 11 of 11