2020-090 -Approving a Disposition and Development Agreement

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Section 1. The recitals are true and correct and are incorporated into this Resolution by this reference. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA), the City Council of the City of Santa Ana has, as a result of its consideration of the record as a whole 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, Environmental Review No. 2019-85 meets all the requirements of CEQA. Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 Third & Broadway Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Section 3. Approval of DDA. The City Council of the City of Santa Ana approves the DDA, in substantially the form attached to this Resolution as Exhibit "A," and authorizes the City Manager, acting on behalf of the City Council, to sign and enter into the DDA and perform the obligations of the City Council pursuant to the DDA. Section 4. 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, Resolution No. 2020-090 Page 4 of 6