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Honorable Mayor Pulido Santa Ana City Council November 18, 2019 Page 4 • Adoption of a resolution approving a general plan amendment to re -designate the property from Professional & Administrative Office ("PAO") to District Center ("DC"), identified as General Plan Amendment No. 2018-06; • Adoption of an ordinance approving an amendment application to rezone the property from Professional ("P") to Specific Development No. 93 ("SD-93"), despite language in Division 26 that requires any specific development to maintain the values of the surrounding properties; and, • Adoption of a resolution certifying the FEIR, including adoption of environmental findings of fact under the California Environmental Quality Act ("CEQA"), adoption of a purported "Clarification to the Final EIR" (City Staff Rept. at p. 2-2), a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. The Project will cause a substantial and significant deprivation of the property rights of adjacent residents. For example, in public comment provided to the City Council on or about September 3, 2019, a report detailed the potential home price devaluation in the Park Santiago neighborhood that would result from the development of the proposed Project. (See City Council, Sept. 3, 2019, (public comment re Park Santiago price devaluation resulting from Project].) The Project Applicant took a unique approach in response to this apparent situation. Specifically, it appears that the Applicant solicited adjacent property owners' support by offering a substantial monetary sum (of at least $35,000) in exchange for an agreement not to object to the Project. 2. ANY CITY COUNCIL APPROVAL OF THE MODIFIED PROJECT WOULD BE INCONSISTENT WITH THE GENERAL PLAN. As the City Council is aware, a city's general plan provides the constitution for all future development in the City. As a practical matter no city can function without it." (See Nelson v. Carlson (1993) 17 Cal.AppAth 732, 740, as modified on denial of reh g (Aug. 27, 1993),) Indeed, the Legislature has developed a comprehensive scheme covering a general plan's development, adoption, and amendment. (See Gov. Code, § 65100 et seq.) Every city is required to prepare and adopt one. (Gov. Code, §§ 65300, 65350.) A general plan must include a detailed discussion covering a city's land use, circulation, housing, conservation, noise and safety, along with "a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals." (Gov. Code, § 65302.) Once adopted, a city's zoning ordinances must be consistent with the general plan's objectives, policies, land uses and programs. (Gov. Code, § 65860, subd. (a)(ii); see also Lesher Comms., Inc. v. Cityof Walnut Creek (1990) 52 Cal.3d 531, 535-536.) As such, the alteration or amendment of a general plan should not be taken lightly. The impact on the City's residents is significant and a perceived benefit such as revenue is 4398.101 1 8504501.2