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80A - JOINT - SETTLEMENT AGMT
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80A - JOINT - SETTLEMENT AGMT
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1/3/2012 3:47:28 PM
Creation date
4/18/2011 3:07:31 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
4/18/2011
Destruction Year
2016
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CHAPTER 1 Introduction <br />On June 7, 2010, the City of Santa Ana ("City") certified an Environmental Impact Report (EIR) for the <br />Transit Zoning Code (SD 84) and the development of certain properties owned by the Community <br />Redevelopment Agency of the City of Santa Ana ("Agency") in the Station District (the "Station District <br />Project"), in compliance with the requirements of the California Environmental Quality Act (CEQA) <br />(Public Resources Code section 21000 et seg.). The Agency has discretionary approval power over the <br />Station District Project and is, therefore, a Responsible Agency under CEQA. As such, prior to reaching <br />a decision on Transit Zoning Code ("TZC") and Station District project, both the City and the Agency <br />considered the environmental effects of the project as shown in the EIR and adopted specific findings. <br />On July 8, 2010, the unincorporated association "Friends of the Lacy Historic Neighborhood" filed a <br />Petition for Writ of Mandamus against the City and Agency challenging the certification of the EIR and <br />approval of the TZC, the Station District Project and the related purchase and demolition of certain <br />structures in the Lacy Neighborhood in Orange County Superior Court Case No. 30-2010-00388033- <br />CU-WN,I-CYC (the "Litigation"). On April 18, 2011, the parties to the litigation entered into a <br />Settlement Agreement to resolve and settle all claims related to the Litigation. The Settlement <br />Agreement relates to and affects the development of the Station District Project, also referred to herein <br />as the "Developer Project." <br />As further discussed in Chapter 4, the Settlement Agreement does not result in any substantial changes to <br />the Station District Project or the circumstances under which the Station District Project is undertaken <br />that would require any major revisions in the Final E1R, and there is no new information with respect to <br />the Project that would require such revisions. Additionally, no other terms of the Settlement Agreement <br />would require revisions to the Final EIR or further environmental analysis because the terms do not <br />involve new significant environmental impacts or a substantial increase in the severity of an impact, <br />and/or have no potential to result in a direct or indirect physical change in the environment, and/or are <br />otherwise exempt from CEQA. <br />Therefore, this document presents the Findings of Fact and Statement of Overriding Considerations that <br />were adopted by the City and the Agency pursuant to the requirements of Public Resources Code <br />Sections 21002.1(b) and (d), 21081 and 21081.5 and Sections 15091, 15093, and 15096, respectively, of <br />the State Guidelines for the Implementation of CEQA (CEQA Guidelines) on June 7, 2010. All of these <br />Findings remain in effect as they apply to the Transit Zoning Code and apply equally to the modified <br />Station District Project as they did before adoption of the modifications. <br />This document provides specific additional Findings related to the modified Station District Project and <br />the Settlement Agreement in Chapter 4. <br />This document is organized as follows: <br />Chapter 1 Introduction to the Findings of Fact and Statement of Overriding Considerations. <br />Chapter 2 Presents the CEQA Findings of the Environmental Impact Report (EIR), <br />including the identified significant impacts. <br />Transit Zoning Code (SD 84A and SD 84B) EIR E' &aq /Statement of Overriding Considerations 1-1 44
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