HomeMy WebLinkAboutRESO 2019-20_2800 N. MAIN STREETLS 5.13, 19
RESOLUTION NO. 2019-20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF THE
FOLLOWING: (1) ADOPT AN ADDENDUM TO THE
ENVIORNMENTAL IMPACT REPORT FOR THE
FASHION SQUARE COMMERCIAL CENTER
PROJECT (SCH NO. 1983021103) AND RE -
ADOPTION OF A MITIGATION MONITORING AND
REPORTING PROGRAM (2) AMENDMENT
APPLICATION NO. 2018-04; (3) DEVELOPMENT
AGREEMENT NO. 2018-02; AND (4) TENTATIVE
PARCEL MAP NO. 2018-01 AS CONDITIONED FOR
THE PROJECT LOCATED AT 2800 N. MAIN STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. MainPlace Shoppingtown, LLC (Applicant) is requesting approval of
Amendment Application No. 2018-04 pursuant to Section 41-659 et seq.
(Division 2 of Article V of Chapter 41) of the Santa Ana Municipal Code to
redesignate the subject property from General Commercial (C-2) to Specific
Plan No. 4 (SP-4).
B. Applicant is also requesting approval of Development Agreement No. 2018-
02 for a development agreement between the City of Santa Ana and
MainPlace Shoppingtown, LLC.
C. Applicant is also requesting approval of Tentative Parcel Map No. 2018-01
as conditioned to subdivide the subject property into 10 developable parcels.
D. On May 13, 2019, the Planning Commission of the City of Santa Ana held a
duly noticed public hearing. During its deliberations, all interested persons
were given full opportunity to be heard and present evidence, and the
Planning Commission considered the environmental analysis and mitigation
measures described in the draft Addendum to the Environmental Impact
Report for the Fashion Square Commercial Center Project (SCH No.
1983021103) and Mitigation Monitoring and Reporting Program.
E. The Planning Commission has reviewed the information presented in the
Request for Planning Commission Action staff report dated May 13, 2019,
Resolution No. 2019-20
including any and all attachments therein, including their recommendation of
adding a condition of approval that park impact fees be directed to Santiago
Park improvements.
F. As part of the recommended action, the City Council will take separate
actions on the following: (1) Resolution approving and adopting Addendum
to the Environmental Impact Report for the Fashion Square Commercial
Center Project (SCH No. 1983021103) and Mitigation Monitoring and
Reporting Program, attached and included herein as Attachment A; (2)
Ordinance for Amendment Application No. 2018-04, attached and included
herein as Attachment B; (3) Ordinance for Development Agreement No.
2018-02, attached and included herein as Attachment C; and (4)
Resolution for Tentative Parcel Map No. 2018-01 as conditioned, attached
and included herein as Attachment D.
Section 2. The Planning Commission has independently reviewed and
analyzed the draft Addendum to the Environmental Impact Report for the Fashion Square
Commercial Center Project (SCH No. 1983021103) and Mitigation Monitoring and
Reporting Program. The Addendum and Mitigation Monitoring and Reporting Program
are included as Attachment A to the Request for Planning Commission Action dated
May 13, 2019 for the project. State CEQA Guidelines section 15164 requires lead
agencies to prepare an addendum to a previously certified EIR if some changes or
additions to the project are necessary, but none of the conditions requiring preparation
of a subsequent EIR are present. The Planning Commission has reviewed and
considered the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and finds that
these documents taken together contain a complete and accurate reporting of all of the
potential environmental impacts associated with the MainPlace Project. The Planning
Commission further finds that the 2019 Addendum has been completed in compliance
with CEQA and the State CEQA Guidelines.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby recommends that the City Council adopts the Addendum to
the Environmental Impact Report for the Fashion Square Commercial Center Project
(SCH No. 1983021103) and re -adopts the Mitigation Monitoring and Reporting
Program, consistent with Public Resources Code section 21081.6; make
implementation of the Mitigation Measures contained in the Mitigation Monitoring and
Reporting Program a condition of approval of the Project; adopt the Mitigation
Monitoring and Reporting Program; and direct that the Notice of Determination be
prepared and filed with the County Clerk of the County of Orange in the manner
required by law; adopt an ordinance approving Amendment Application No. 2018-04;
recommends that the City Council adopt an ordinance approving Development
Agreement No. 2018-02; and recommends that the City Council adopt a resolution
approving Tentative Parcel Map No. 2018-01 as conditioned to facilitate construction of
the subject development.
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, lawsuits, writs of mandamus, and other and proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations,
and such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
to modify, set aside, void, or annul, any action of, or any permit or approval issued by
the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof (including actions approved by the voters of
the City) for or concerning the project, whether such Actions are brought under the
Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
any other federal, state or local constitution, statute, law, ordinance, charter, rule,
regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
that the City shall have the right to approve, which approval will not be unreasonably
withheld, the legal counsel providing the City's defense, and that Applicant shall
reimburse the City for any costs and expenses directly and necessarily incurred by
the City in the course of the defense. City shall promptly notify the Applicant of any
Action brought and City shall cooperate with Applicant in the defense of the Action.
ADOPTED this 13th day of May, 2019.
AYES: Benavides, Cano, Contreras -Leo, McLoughlin, Rivera (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete, Nguyen (2)
4AOM r
Mar McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: /•�--
Lisa Storck
Assistant City Attorney
Resolution No. 2019-20
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2019-20 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 13, 2019.
Date: p`\1taj) ,8�
Commission Secretary
City of Santa Ana