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HomeMy WebLinkAbout2013-040 - Approving and Addendum to the Mitigated Negative DeclarationROH - 08/05/13 RESOLUTION NO. 2013-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2011-46 FOR THE PROPERTY LOCATED AT 200 EAST FIRST AMERICAN WAY 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. First Rock Santa Ana, LLC, development entity for Genesis Real Estate Group, is requesting the approval and adoption of an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-46, to accurately coincide with the project as detailed in amended Development Agreement No. 2012-01, and to facilitate a change in ownership to First Rock for The Met development project located at 200 East First American Way. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 8, 2013, and voted to recommend that the City Council approve and adopt the addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-46. Section 2. The City Council has reviewed and considered the information contained in the addendum to the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2011-46, 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 California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the addendum to the mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council again finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the addendum to the mitigated negative declaration and mitigation monitoring program and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Resolution No. 2013-040 Page 1 of 3 Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves the addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-46. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated August 5, 2013, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. 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 Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 5th day of August, 2013. Mayor APPROVED AS TO FORM: Sonia R. Carvalho AYES: Councilmembers: Amezcua, Benavides. Martinez. Pulido. Sarmiento. Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2013-040 Page 2 of 3 City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013-040 to be the original resolution adopted by the City Council of the City of Santa Ana on August 5, 2013. Date: ??a° `3 ?avL-?- -/P':?(v Clerk of the Council ?Ij City of Santa Ana Resolution No. 2013-040 Page 3 of 3