HomeMy WebLinkAbout2021-003 - Adopting a Mitigated Negative Declaration and Mitigation MonitoringLS 12.14.20
RESOLUTION NO. 2021-003
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, ENVIRONMENTAL
REVIEW NO. 2020-48, RELATIVE TO GENERAL
PLAN AMENDMENT NO. 2020-07 AND
AMENDMENT APPLICATION NO. 2020-05 FOR THE
PROJECT LOCATED AT 2530 AND 2534
WESTMINSTER AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Brian Hendricks, representing Community Development Partners ("Applicant"),
is requesting approval of General Plan Amendment (GPA) No. 2020-07 to
amend the General Plan land use designation of the project site from General
Commercial (GC) to Urban Neighborhood (UN) and Amendment Application
(AA) No. 2020-05 to change the zoning designation of the project site from
General Commercial (C2) to Specific Development No. 97 (SD-97) in order
to facilitate the construction of an 85-unit affordable housing development at
2530 and 2534 Westminster Avenue.
B. The provisions of the California Environmental Quality Act of 1970 (CEQA),
Public Resources Code Sections 21000 et. seq., as amended, and the CEQA
Guidelines require the evaluation of environmental impacts in connection with
proposals for discretionary projects.
C. Pursuant to the Guidelines for the Implementation of the CEQA, an Initial Study
relative to the proposed project concluded that implementation of the project
could result in potentially significant effects on the environment and identified
mitigation measures for the development site (2530 and 2534 Westminster
Avenue) that would reduce the significant effects to a less -than -significant
level.
D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND),
Environmental Review (ER) No. 2020-48 for the proposed project, attached
hereto as Exhibit A and incorporated herein by reference. The MND reflects the
City's independent judgement and analysis as lead agency for the project. The
Resolution No. 2021-003
Page 1 of 14
MND concluded that the project site would have a less than significant
environmental impact with implementation of mitigation measures. Mitigation
measures are included to address biological resources, cultural resources,
geology and soils, noise, and tribal cultural resources.
E. On November 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and
MND, ER No. 2020-48, was published in the Orange County Register, a
newspaper of general circulation, and was circulated to interested parties.
F. The documents related to the MND were made available for a 20-day public
review and comment period at the Santa Ana City Hall and on the project's
webpage on the City's website. At the completion of the comment period,
comments from Orange County Fire Authority (OCFA) and one resident were
incorporated into the Final MND.
G. The mitigation measures set forth in the MND are fully enforceable and will be
implemented using the Mitigation Monitoring and Reporting Program (MMRP),
attached hereto as Exhibit B and incorporated herein by reference.
H. On December 14, 2020, the Planning Commission of the City of Santa Ana held
a duly noticed public hearing and recommended that the City Council adopt
MND, ER No. 2020-48, and the related MMRP for the project.
I. On January 19, 2021, the City Council of the City of Santa Ana held a duly
noticed public hearing and voted to approve a resolution to adopt MND, ER No.
2020-48, and the related MMRP for the project.
Section 2. The City Council has independently reviewed and analyzed the
information contained in the Initial Study and the MND, ER No. 2020-48, prepared with
respect to this project. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, determined that, as required
pursuant to the CEQA and the State CEQA Guidelines, the MND adequately addresses
the expected environmental impacts of this project. On the basis of this review, the City
Council finds that there is no substantial evidence from which it can be fairly argued that
the project will have a significant adverse effect on the environment.
Section 3. The City Council hereby adopts the MND, attached hereto as
Exhibit A, and the MMRP, attached hereto as Exhibit B, and directs that a Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in
the manner required by law. This decision is based upon the evidence submitted at the
above said hearing, which includes, but is not limited to: the Request for City Council
Action dated January 19, 2021 and exhibits attached hereto; and the public testimony,
written and oral, all of which are incorporated herein by this reference.
Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) §
735.5(c)(1), the City Council has determined that, after considering the record as a
Resolution No. 2021-003
Page 2 of 14
whole, there is no evidence that the proposed project will have the potential for any
significant adverse effect on wildlife resources or the ecological habitat upon which
wildlife resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human activity.
However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the
payment of Fish and Game Department filing fees in conjunction with this project is at
the discretion of the State of California Department of Fish and Wildlife.
Section 5. 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, referendum, and other 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 6. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
Section 1094.6. The Planning and Building Agency shall give direct notice to the
Applicant of the City Council's decisions and these findings.
ADOPTED this 19th day of January. 2021.
Vicente Sarmiento
Mayor
Resolution No. 2021-003
Page 3 of 14
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: !M 'h6. -fA,,& for
Lisa Storck
Assistant City Attorney
AYES:
Councilmembers
Bacerra, Hernandez, Lopez. Mendoza,
Phan,
Penaloza. Sarmiento (7)
NOES:
Councilmembers
None
(0)
ABSTAIN:
Councilmembers
None
(0)
NOT PRESENT:
Councilmembers
None
(0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council,
Resolution No. 2021-003 to be the original
City of Santa Ana on January 19, 2021.
Date: ,a 1- 09
Resolution No. 2021-003
Page 4 of 14
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Daisy Gome
Clerk of the touncil
City of Santa Ana
EXHIBIT A
MITIGATED NEGATIVE DECLARATION
The Mitigated Negative Declaration for the Project and Technical Studies are available
online at:
https://www.santa-ana.org/pb/planning-d ivision/major-planning-projects-and-monthly-
development-project-reports/Westview-Housing
Or by visiting:
Planning and Building Agency— Planning Division Public Counter
20 Civic Center Plaza
Santa Ana, CA 92701
Resolution No. 2021-003
Page 5 of 14
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a reporting or monitoring
program be adopted for the conditions of project approval that are necessary to mitigate
or avoid significant effects on the environment (Public Resources Code [PRC] 21081.6).
PRC Section 21081.6 provides general guidelines for implementing mitigation
monitoring programs and indicates that specific reporting and/or monitoring
requirements, to be enforced during project implementation, shall be defined prior to
final certification of the Final Initial Study -Mitigated Negative Declaration (IS-MND).
This Mitigation Monitoring and Reporting Program (MMRP) is intended to track and
ensure compliance with adopted mitigation measures during the project implementation
phase. For each mitigation measure recommended in the Final IS-MND, specifications
are made herein that identify the action required, the monitoring that must occur, and
the agency or department responsible for oversight.
The table below, lists mitigation measures that reduce the potentially significant effects
of the proposed project. These measures correspond to those discussed in in the IS -
MIND. To ensure that the mitigation measures are properly implemented, a monitoring
program has been devised that identifies the timing and entity/agency responsible for
monitoring each measure. The City of Santa Ana will have the responsibility for
implementing the measures, and various public agencies will have the primary
responsibility for enforcing, monitoring, and reporting the implementation of the
mitigation measures.
Resolution No. 2021-003
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