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HomeMy WebLinkAbout2022-029 - Certifying the Final Recirculated ProgramRESOLUTION NO. 2022-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN UPDATE, (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE GENERAL PLAN UPDATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) APPROVING THE PROJECT WHEREAS, the City of Santa Ana seeks to approve the City of Santa Ana General Plan Update; and WHEREAS, the General Plan Update identified the following five focus areas for potential change and new growth: South Main Street, Grand Avenue/17th Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street; and WHEREAS, the total long-term potential growth within these focus areas is estimated at 17,575 new housing units, 2,263,130 non-residential building square footage, and 6,616 jobs; and WHEREAS, the General Plan Update ("project') requires, among other things: (1) adoption of the Santa Ana General Plan Update; (2) certification of a Final Recirculated Program Environmental Impact Report; (3) adoption of Findings of Fact and Statement of Overriding Considerations; (4) adoption of the Mitigation Monitoring and Reporting Program; and (5) adoption of any ordinances, guidelines, standards, programs, actions, or other mechanisms that implement the Santa Ana General Plan update; and WHEREAS, pursuant to Section 21067 of the Public Resources Code, and CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the project; and WHEREAS, in accordance with CEQA Guidelines Section 15063(a), the City as lead agency determined that a program EIR was required for the project, and therefore did not prepare an initial study; and WHEREAS, pursuant to CEQA Guidelines Section 15082, on February 26, 2020, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation —which was also published in the Orange Resolution No. 2022-029 Page 1 of 7 County Register, a newspaper of general circulation in the City of Santa Ana —stating that an environmental impact report would be prepared; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed scoping meeting on March 5, 2020, to solicit comments on the scope of the environmental review of the proposed project; and WHEREAS, a Draft Program Environmental Impact Report ("Draft PEIR") (State Clearinghouse No. 2020029087) was prepared for the proposed project addressing comments received in response to the Notice of Preparation and evaluating the proposed project's potentially significant environmental impacts; and WHEREAS, the Draft PEIR identified five significant and unavoidable impacts associated with the project that pertain to Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, and Population and Housing; and WHEREAS, the Draft PEIR further determined that the proposed project would require mitigation related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, noise, and tribal cultural resources; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft PEIR was circulated for review and comment to the public, City Council, Planning Commission, local, regional and state agencies, and interested parties for a 45-day review period, from August 3, 2020, to September 16, 2020, a period that was extended thereafter to October 6, 2020; and WHEREAS, the City released the Final PEIR, which consists of the Draft PEIR, all technical appendices prepared in support of the Draft PEIR, all written comment letters received on the Draft PEIR, errata to the Draft PEIR and technical appendices; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Final PEIR and General Plan Update, at which the Planning Commission voted not to certify the Final PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities and in view of the COVID-19 pandemic; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR") was prepared as a supplemental analysis to the original Draft PEIR to reflect updates to the project and based on an intensive, extended community outreach program conducted by the City between January and May 2021; Resolution No. 2022-029 Page 2 of 7 F®R WHEREAS, the Recirculated Draft PEIR provided an update of the project description, and environmental setting and impact analyses for Air Quality, Hazards, and Recreation; incorporated a new alternative; and identified an additional significant unavoidable adverse environmental impact that pertains to Recreation; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Recirculated Draft PEIR was circulated for a 45-day public review period, from August 6, 2021, to September 20, 2021; and WHEREAS, during the public comment period, copies of the Recirculated Draft PEIR were available for review and inspection at City Hall, on the City's website, and at the Santa Ana Public Library; and WHEREAS, during the public comment period, Planning Commission work- study sessions were held on August 9, 2021 and August 23, 2021, and a public hearing held on September 13, 2021; and WHEREAS, during the public comment period, the City consulted with and received comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to CEQA Guidelines Section 15086; and WHEREAS, on November 2, 2021, the City released the Final Recirculated PEIR, attached hereto as Exhibit A, which consists of the Recirculated Draft PEIR, all technical appendices prepared in support thereof, all documents incorporated by reference (including the Final PEIR), all written comment letters received on the Recirculated Draft PEIR, written responses to all written comment letters and verbal comments received on the Recirculated Draft PEIR, revisions to the Recirculated Draft PEIR and technical appendices, and the Mitigation Monitoring and Reporting Program; and WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council held a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update, which hearing was successively continued to the City Council meetings on December 21, Resolution No. 2022-029 Page 3 of 7 2021, January 18, 2022, and February 15, 2022, respectively; and WHEREAS, on February 15, 2022, the City Council heard the matter and afforded members of the public an opportunity to comment. No action on the item resulted; and WHEREAS, on April 19, 2022, and based on further comments received by City staff, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, at which hearing members of the public were afforded an opportunity to comment and the project was fully considered; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final Recirculated PEIR; and WHEREAS, as contained herein, the City Council has endeavored in good faith to set forth the basis for its decision and recommendations on the project; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final Recirculated PEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the project have been adequately evaluated; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the project, which are incorporated herein by this reference, and not based solely on the information provided in this Resolution; and WHEREAS, the City Council finds that the project's environmental impacts that are less than significant without implementation of project -specific mitigation measures, as identified in the Final Recirculated PEIR, are described in Section IV of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final Recirculated PEIR, would be considered less than significant, are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, even with mitigation measures, would remain significant and unavoidable are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and Resolution No. 2022-029 Page 4 of 7 WHEREAS, the City Council finds that the reasonable alternatives to the project are described in Section VI of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the project outweigh the unavoidable significant environmental effects is described in Section VII of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, all the mitigation measures identified in the Final Recirculated PEIR and necessary to reduce the potentially significant impacts of the project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit C; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final Recirculated PEIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final Recirculated PEIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed project; and WHEREAS, no comments made in the public hearing conducted by the City Council and no additional information submitted to the City have produced substantial new information requiring recirculation of the Final Recirculated PEIR or additional environmental review of the project under Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final Recirculated PEIR, which it has reviewed and considered, and further finds that the Final Recirculated PEIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment and analysis of the City, acting as lead agency for the project. Resolution No. 2022-029 Page 5 of 7 Section 3. The City Council declares that no evidence of new significant impacts or any new information of "substantial importance," as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final Draft Recirculated PEIR that would require recirculation of the PEIR. Section 4. The City Council hereby: A. Certifies the Final Recirculated PEIR based on the entirety of the record of proceedings. B. Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit B, after balancing the significant and unavoidable air quality, cultural resources, greenhouse gas emissions, noise, recreation, and population and housing impacts of the proposed project against the benefits of the proposed project. C. Adopts the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit C, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the Mitigation Monitoring and Reporting Program a condition of approval of the project; and finds that in the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. D. Approves the project, based upon the entire record before it, including the Final Recirculated PEIR, Findings of Fact and Statement of Overriding Considerations, and all written and oral evidence presented. E. Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's final project approval. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19'h day of April, 2022. Resolution No. 2022-029 Page 6 of 7 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney A OP By: / r V.�7n�_ JoY M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers 4 1 64�j- Vicente Sarmiento Mayor Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra. Sarmiento (7) None (0) None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, Resolution No. 2022-029 to be the origina City of Santa Ana on April 19, 2022. Date: I do hereby attest to and certify the attached I resolution adopted by the City Council of the Daisy Gornellz Cl/ Clerk of the Council City of Santa Ana Resolution No. 2022-029 Page 7 of 7 EXHIBIT A All materials for Exhibit A may be accessed at: htti)s //www.santa-ana.org/general- glan/general-plan-environmental-documents and are also on file and available at the City's Planning and Building Agency.