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Home My WebLink About2019-114 - First American Mixed-Use Development ProjectCITY COUNCIL RESOLUTION NO. 2019-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR THE FIRST AMERICAN MIXED -USE DEVELOPMENT PROJECT LOCATED AT 114 EAST FIFTH STREET AND 117 EAST FIFTH STREET, AND RE -ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, Michael McCann, representing Toll Brothers Apartment Living (hereinafter referred to as "Applicant'), is requesting approval of Site Plan Review No. 2019-01, as conditioned, and Density Bonus Agreement No. 2019-01, as conditioned, to allow the construction of a new mixed -use residential and commercial development containing up to 220 residential units at 114 and 117 East Fifth Street; and WHEREAS, the subject Property contains 2.78 acres containing two sites at 114 and 117 East Fifth Street, currently developed with a commercial office building and surface parking lots; and WHEREAS, the Transit Zoning Code was adopted in 2010 as a result of interest in developing mixed -use residential and commercial projects in its project area. The Transit Zoning Code was amended in 2019 to modernize and refine development standards to further these interests. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices; and WHEREAS, the City Council of the City of Santa Ana certified the Environmental Impact Report (SCH No. 2006071100) and adopted a mitigation monitoring reporting program for the Transit Zoning Code, which allows a mixture of residential, commercial, and industrial land uses; and WHEREAS, the entitlements sought for the proposed mixed -use development project include a Site Plan Review application and a Density Bonus Agreement application; and WHEREAS, in 2010, the City Council certified the Final Environmental Impact Report ("2010 EIR") for the Transit Zoning Code Project ("Originally Approved Plan"), which analyzed the potentially significant environmental impacts of a mixed -use plan area consisting of new residential, commercial, and industrial development; and Resolution No. 2019-114 Page 1 of 8 WHEREAS, pursuant to the 2010 EIR, the subject site may be developed with a mixed -use development consisting of residential and commercial land uses; and WHEREAS, when compared against the Originally Approved Plan, the proposed mixed -use development will not result in any new or intensified significant impacts; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the proposed development; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the proposed project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, the analysis contained in the First American Title Company EIR Addendum ("2019 Addendum") concluded that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, on September 23, 2019 the Planning Commission held a duly noticed public hearing and continued the matter to October 28, 2019 and held a work- study session on the item on October 14, 2019; and WHEREAS, on October 28, 2019 at a duly noticed public hearing, the Planning Commission considered the 2019 Addendum when recommending that the City Council approve the Project; and WHEREAS, on December 3, 2019 at a duly noticed public meeting, the City Council considered the 2019 Addendum and Mitigation Monitoring And Reporting Program; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Resolution No. 2019-114 Page 2 of 8 Section 1. The above recitals are true and correct and incorporated herein by reference. Section 2. 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 City Council has reviewed and considered the 2010 EIR 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 proposed development. The City Council further finds that the 2019 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City's independent judgment. Section 3. Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the subject property, 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 proposed development 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 proposed development 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. Resolution No. 2019-114 Page 3 of 8 Section 4. The City Council hereby finds that mitigation measures identified in the 2010 EIR remain applicable to the Transit Zoning Code. These findings are laid out more specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto as Exhibit A. The City Council therefore hereby re -adopts those mitigation measures identified as remaining applicable to the Transit Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A. Section 5. The City Council hereby approves and adopts the 2019 Addendum, attached hereto and incorporated herein as Exhibit B. Section 6. 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. Section 7. The City Council directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk's Office within five (5) working days of City Council approval of the First American Mixed -Use Development Project. Section 8. The 2010 EIR and the 2019 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file, are incorporated herein by reference and are available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92701. The custodian of these records is Daisy Gomez, City Clerk for the City. Section 9. This resolution shall take effect immediately upon its adoption by the Resolution No. 2019-114 Page 4 of 8 City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. Resolution No. 2019-114 Page 5 of 8 ADOPTED this V day of December, 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: - Lisa Storck Assistant City Attorney AYES: Councilmembers Bacerra Penaloza Pulido Solorio Ville -gas (5) NOES: Councilmembers- None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Iglesias Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-114 to be the original resolution adopted by the City Council of the City of Santa Ana on December 3, 2019. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2019-114 Page 6 of 8 /:11:11 W-11 MITIGATION MONITORING AND REPORTING PROGRAM The 2010 Transit Zoning Code EIR Mitigation Monitoring and Reporting Program (MMRP) is available online at: https://www.santa-ana.org/transit-zoning-code-environmental-impact-report Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2019-114 Page 7 of 8 EXHIBIT B FIRST AMERICAN TITLE COMPANY EIR ADDENDUM The First American Title Company Project EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- monthly-development-project-reports/first-american Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2019-114 Page 8 of 8