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HomeMy WebLinkAbout2016-024 - Mitigated Negative Declaration and Mitigation MonitoringLS 1.25.16 RESOLUTION NO. 2016 -024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2016 -14, AND GENERAL PLAN AMENDMENT NO. 2016- 01 FOR THE PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET 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. AMCAL Multi Housing Two, LLC is requesting the approval of General Plan Amendment No. 2016 -01 to amend the General Plan land use designation from General Commercial (GC) to Urban Neighborhood (UN) to allow construction of the AMCAL First Street Family Apartments development project that would include 69 affordable apartment homes and ancillary onsite community services to very low and low- income households on a 2.15 -acre parcel of land. B. AMCAL Multi Housing Two, LLC is proposing to construct a 69 -unit affordable apartment homes project. Because the proposed project is intended to be developed entirely for very low and low- income households, the project is exempt from the City's Housing Opportunity Ordinance. C. On March 28, 2016, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: (1) adopt a resolution approving the Mitigation Monitoring Reporting Program and (2) adopt a resolution approving General Plan Amendment No. 2016 -01 for the proposed project. D. On April 19, 2016, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Environmental Review No. 2016 -14 and General Plan Amendment No. 2016 -04, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Resolution No. 2016 -024 Page 1 of 5 E. General Plan Amendment No. 2016 -01 has been filed to amend the General Plan to change the land use designation from General Commercial (GC) to Urban Neighborhood (UN). 1. Currently, the land use designation for this site is General Commercial (GC), which allows commercial developments and uses. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to Urban Neighborhood (UN) with a General Plan floor area ratio range of 0.5 to 1.5. 2. The proposed project will support several goals and policies of the Housing Element. First, the project would be consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with several Housing Element policies: Policy HE -2.3 to encourage construction of rental housing for the city's residents and workforce; Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; and Policy HE -4.2 to encourage the development of larger rental units for families. 3. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2016 -01 is consistent with the purpose of the general plan. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND) and mitigation monitoring program, Environmental Review No. 2016 -14, 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, an MND and mitigation monitoring program adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council 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 MND and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Resolution No. 2016 -024 Page 2 of 5 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 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. Mitigation measures in the Mitigation Monitoring Program will prevent any significant adverse effects resulting from removal of existing trees on the project site on wildlife resources or ecological habitats. 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 3. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Program attached hereto as Exhibit A and incorporated herein by this reference as a condition of approval of the project. The City finds that Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring Program. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2016 -14. B. General Plan Amendment No. 2016 -01. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 19, 2016, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. This Resolution shall not be effective unless and until Ordinance No. NS -2897 (AA No. 2016 -01) becomes effective. If said ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 6. These decisions rendered by the City Council of the City of Santa Ana are final and are 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. Resolution No. 2016 -024 Page 3 of 5 ADOPTED this 19th day of April, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: — zlc wK isa Storck Assistant City Attorney AYES: Councilmembers: Amezcua Benavides, Martinez, Pulido, Reyna, Sarmiento Tinalero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -024 to be the original resolution adopted by the City Council of the City of Santa Ana on April 19, 2016. Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -024 Page 4 of 5 Exhibit A California Environmental Quality Act Mitigation and Monitoring Program Resolution No. 2016 -024 Page 5 of 6 Final Draft Mitigation Monitoring and Reporting Program First Sheet Family Apartments Project Prepared by: City of Santa Ana 20 Civic Center Plaza, M -20 Post Office Box 1988 Santa Ana, California 92702 Contact: Ali Pezeshlcpour, Associate Planner (714) 647 -5882 A.pezeshkpour @santa- a.na.org Prepared with the assistance Of'. Rzncon Consultants, Inc. 706 South Hill Street, Suite 1200 Los Angeles, California 90014 March 2016 First Street Family Apartments Project Mitigation Monitoring and Reporting program Mitigation Monitoring and Reporting Program This document is the Mitigation Monitoring and Reporting Program (MMRP) for the First Street Family Apartments Project, proposed in the City of Santa Ana. The purpose of the MMRP is to ensure that the required mitigation measures identified in the Initial Study - Mitigated Negative Declaration (IS -MND) are implemented as part of the overall project implementation. In addition to ensuring implementation of mitigation measures, the MMRP provides feedback to agency ,staff and decision - makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. The following table summarizes the mitigation measures for each issue area identified in the IS- MND for the proposed project. The table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring frequency; and the agency or party responsible for tonsuring that the monitoring is performed. In addition, the table includes coltunris for compliance verification. 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