2011-023 - Development Agreement Between the Community Redevelopment Agency

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