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RESOLUTION NO. 2011- <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA ADOPTING CEQA FINDINGS <br />OF FACT AND A STATEMENT OF OVERRIDING <br />CONSIDERATIONS AND CONSENTING TO THE <br />APPROVAL OF THE FIRST AMENDMENT TO THE <br />DISPOSITION AND DEVELOPMENT AGREEMENT <br />BETWEEN THE COMMUNITY REDEVELOPMENT <br />AGENCY OF THE CITY OF SANTA ANA AND <br />SANTA ANA STATION DISTRICT, LLC AND <br />MAKING CERTAIN OTHER FINDINGS IN <br />CONNECTION THEREWITH <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines and <br />declares as follows: <br />A. The Community Redevelopment Agency for the City of Santa Ana <br />("Agency") entered into that certain Disposition and Development Agreement with Santa <br />Ana Station District, LLC ("Developer"), dated as of June 7, 2010 ("DDA"), a copy of <br />which is on file with the Agency, under which the Developer was to develop certain <br />property identified therein as the "Site" located in the City of Santa Ana ("City"). <br />B. Pursuant to the California Environmental Quality Act (Public Resources <br />Code § 21000, et seq.) ("CEQA") the City Council of the City of Santa Ana ("Council") <br />certified Environmental Impact Report ("Final EIR") No. 2006-02 for Transit Zoning Code <br />(SD 84A and SD 84B) and the development of that certain property identified in the DDA <br />as the Site (the "Station District Project"), a copy of which is on file with the City (SCH No. <br />2006071100), on June 7, 2010. <br />C. The Council and the Agency, respectively, adopted CEQA Findings of <br />Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and <br />Reporting Program ("MMRP") in connection with approval of the DDA on June 7, 2010. <br />D. The DDA provided that the Site would be conveyed to the Developer and <br />Developer would develop the Site in phases, including the construction of affordable <br />housing units, as more particularly set out in the Scope of Development attached and <br />incorporated into the DDA. <br />E. On July 8, 2010, the unincorporated association "Friends of the Lacy <br />Historic Neighborhood" filed a Petition for Writ of Mandamus against the City and Agency <br />challenging the certification of the EIR and approval of the TZC, the Station District <br />Project and the related purchase and demolition of certain structures in the Lacy <br />Neighborhood in Orange County Superior Court Case No. 30-2010-00388033-CU-WM- <br />CXC (the "Litigation"). <br />Exhibit 1 <br />8OA-6