The URL can be used to link to this page

Home My WebLink About2022-057 - Off-Premises Commercial Signs Ordinace Update ProjectRESOLUTION NO. 2022-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SANTA ANA OFF -PREMISES COMMERCIAL SIGNS ORDINANCE UPDATE PROJECT 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. The City of Santa Ana is seeking approval of Zoning Ordinance Amendment No. 2022-01 to repeal and reenact in its entirety Article XII of Chapter 41 of the Santa Ana Municipal Code pertaining to off -premise commercial advertising signs (billboards). This Ordinance, referred to as the Santa Ana Off -Premises Commercial Advertising Signs Ordinance Update Project ("Project"), would allow the construction and reconstruction of new digital billboards in certain areas of the city subject to location requirements and development standards. B. The Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration ("IS/MND") for the Project. Based on the IS/MND, the Project would have no impact or a less than significant impact on the following environmental issue areas: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project's impacts on the following issue areas would be less than significant with the implementation of mitigation: Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources. All impacts would be less than significant after mitigation. C. The Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2022-19, for the Project reflects the City's independent judgement and analysis as lead agency for the project. D. On March 7, 2022, a Notice of Intent (NOI) to adopt the IS/MND, ER No. 2022- 19, was published in the Orange County Register newspaper and circulated to Resolution No. 2022-057 Page 1 of 6 interested parties, including listed contacts for 10 Neighborhood Associations in Santa Ana. E. In accordance with California Pubic Resources Code section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Project was circulated for a 30-day public review and comment period from March 7 through April 6, 2022. The City initiated a 30- day public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research. The document was available for public review at the Santa Ana City Hall, Santa Ana Public Library, on the project's webpage on the City's website, and at State Office of Planning and Research State Clearinghouse webpage (SCH Number 2022030204). At the completion of the comment period, one comment from the City of Orange was received and incorporated as part of the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND") and is incorporated herein by reference. F. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the related Mitigation Monitoring and Reporting Program, accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein. G. On April 25, 2022, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Final IS/MND and the related Mitigation Monitoring and Reporting Program for the Project, at which time all persons wishing to testify were heard. The Planning Commission recommended that the City Council adopt MND, ER No. 2022-19, and the related MMRP for the Project. H. On June 21, 2022, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Final IS/MND and the related Mitigation Monitoring and Reporting Program for the Project, at which time all persons wishing to testify were heard, and the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration for the Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the CEQA and the State CEQA Guidelines, the Final IS/MND adequately addresses the expected environmental impacts of the 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 Final IS/MND, attached hereto as Exhibit A, and the related Mitigation Monitoring Program, attached hereto as Exhibit Resolution No. 2022-057 Page 2 of 6 B, and directs that a Notice of Determination be prepared and filed within five (5) working days of final Project approval with the 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 June 21, 2022 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council hereby approves the Project, based upon the entire record before it and all written and oral evidence presented Section 5. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on fish and wildlife. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, the payment of Fish and Game Department filing fees in conjunction with this Project is at the ultimate discretion of the State of California Department of Fish and Wildlife. Section 6. 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 215t day of June, 2022. Vic me Sa miento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Arv. �i JoV M. Funk Chief Assistant City Attorney Resolution No. 2022-057 Page 3 of 6 AYES: Councilmembers Hernandez Lopez, Mendoza, Penaloza, Phan Bacerra 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, do hereby attest to and certify the attached Resolution No. 2022-057 to be the original resolution adopted by the City Council of the City of Santa Ana on June 21, 2022. Date: /L��2pZZ Daisy Go ez Clerk of the Council City of Santa Ana Resolution No. 2022-057 Page 4 of 6 EXHIBIT A MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration for the Project and Technical Studies are available online at: https://www.santa-ana.orqlbillboard-ordinance-update Or in person by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library (Main Library) 26 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2022-057 Page 5 of 6 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- MND. 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. 2022-057 Page 6 of 6