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HomeMy WebLinkAboutNS-3070 - Approving Amendment Application No. 2023-03 to Establish the Related Bristol Specific Plan and to Approve a Zone Change for the 41-Acre Site...ORDINANCE NO. NS-3070 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 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. Steven Oh, with RCR Bristol, LLC ("Applicant"), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC ("Property Owners"), is seeking to construct a mixed -use development ("Project"), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street ("Project Site"). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (°VTTM") No. 2023-01. C. The general northern portion of the Project Site is currently in the General Commercial (C2) zoning district and the general southern portion of the Project Site is in the Commercial Residential (CR) zoning district. D. The Applicant is requesting approval and adoption of Amendment Application No. 2023-03 to: (1) establish the new Related Bristol Specific Plan (SP No. 5) and (2) approve a change of zone for the entire Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5) (the "Zone Change"). E. Pursuant to Section 27-13 of the Santa Ana Municipal Code ("SAMC"), the City Council must approve a proposed plan adoption and amendment. Moreover, pursuant to Section 27-12 of the SAMC, prior to being submitted to the City Council, each proposed plan adoption or amendment shall be submitted to the Planning Commission for its review and recommendation Ordinance No. NS-3070 Page 1 of 16 after the Planning Commission holds at least one (1) duly -noticed public hearing on the proposed plan adoption or amendment. F. Pursuant to Section 41-667 of the SAMC, the City Council must hold a hearing on and approve any proposed amendment of any sectional district map ("Zone Change"). Moreover, pursuant to Sections 41-664 and 41-666 of the SAMC, prior to being submitted to the City Council, a public hearing on the proposed Zone Change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed Zone Change to the City Council. G. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly -noticed public hearing on the entirety of Amendment Application No. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change, recommending approval of the Amendment Application No. 2023-03 to the City Council. H. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of Amendment Application No. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change, is consistent with the General Plan, including, but not limited to, its goals and policies, as follows: The Project and requested Amendment Application No. 2023-03 to establish Specific Plan No. 5 are consistent with the following General Plan goals and policies: • Goal CM-1- Recreation and Culture. Provide opportunities for public and private recreation and cultural programs that meet the needs of Santa Ana's diverse population. o Policy CM-1.6 Recreation on Private Property. Promote the development and use of privately -owned recreation and entertainment facilities that help meet the needs of Santa Ana residents. • Goal CM-3: Active Living and Well-being. Promote the health and wellness of all Santa Ana residents. o Policy CM-3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. o Policy CM-3.5 Community Spaces. Encourage positive community interactions and neighborhood pride to create secure communities and promote safe public spaces. Ordinance No. NS-3070 Page 2 of 16 o Policy CM-3.8 Underutilized Spaces. Repurpose underutilized spaces and City -owned vacant land as a strategy to improve community health and increase the number and accessibility of opportunities for health and recreation activities. Prioritize the redevelopment of such sites within environmental justice area boundaries and other areas underserved by parks and recreation opportunities The Project is consistent with these General Plan Community Element goals and policies, as it provides for publicly -accessible recreation opportunities on the Project Site through its 13.1 acres of publicly - accessible, programmable open space areas. The Project results in the redevelopment of a 41-acre site by introducing a mixed -use, urban village that encourages active and passive recreation. While the existing commercial development has no onsite open space acreage, the proposed specific plan requires the provision of onsite open space for both publicly -accessible and private open space areas. • Goal M-1: Comprehensive Circulation. A comprehensive and multimodal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. o Policy M-1.6 Complete Streets. Transform travelways to accommodate all users through street design and amenities, such as sidewalks, trees, landscaping, street furniture, and bus shelters. • Goal M-3: Active Transportation. A safe, balanced, and integrated network of travelways for nonmotorized modes of transportation that connects people to activity centers, inspiring healthy and active lifestyles. o Policy M-3.2 Nonmotorized Travelway Amenities. Enhance nonmotorized travelways with amenities such as landscaping, shade trees, lighting, benches, crosswalks, rest stops, bicycle parking, and support facilities that promote a pleasant and safe experience. o Policy M-3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Ordinance No. NS-3070 Page 3 of 16 o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o POLICY M-4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City's Development Review process. o Policy M-4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape, by prioritizing pedestrian access directly from the street and placing parking lots to the rear of a development site. c Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. • Goal M-5: Sustainable Transportation. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Policy M-5.1 Enhanced Street Design. Improve the beauty, character, and function of travelways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. The Project is consistent with these General Plan Mobility Element goals and policies, as it provides for redevelopment of an existing, auto -oriented commercial center with a new mixed -use urban village that encourages multi -modal transit. Moreover, the proposed specific plan will introduce a walkable grid of streets and paseos, further encouraging pedestrian, bicycle, and alternate means of transportation both within and to/from the Project Site. • Goal EP-1: Job Creation and Retention. Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. o Policy Attract Business business attraction efforts employment potential. Strengthen and expand citywide in order to achieve the city's full • Goal EP-3: Business Friendly Environment. Promote a business friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. Ordinance No. NS-3070 Page 4 of 16 o Policy EP-3.4 Complete Communities. Encourage the development of "complete communities" that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. o Policy EP-3.10 Rethinking Strip -Commercial. Promote the creation of distinctive neighborhood serving districts through the renovation or redevelopment of existing strip -commercial development. The Project is consistent with these General Plan Economic Prosperity Element goals and policies, as it provides for redevelopment of an existing, auto -oriented commercial center with a new mixed -use urban village. The Project will contain a diverse range of employment opportunities for the commercial, senior continuum care, hotel, and residential communities that will take shape on the Project Site. • Goal OS-1: Parks, Open Space, and Recreation. Provide an integrated system of accessible parks, recreation facilities, trails, and open space to serve the City of Santa Ana. o Policy OS-1.2 Parks and Recreation System. Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. o Policy OS-1.5 Park and Open Space Types. Provide a mix of community, neighborhood, and special use parks, along with greenway corridors, natural areas, and landscape areas, to meet community needs for greenspace, recreation space, social space, and trail connectivity. o Policy OS-1.9 New Development. Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City's park standard. Ensure that new development includes pedestrian and multi -modal travelways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. o Policy OS-1.10 Creative Solutions for Deficiencies. Develop creative and flexible solutions to provide greenspace and recreation activities in park -deficient neighborhoods. Encourage private and commercial recreational facilities that are physically Ordinance No. NS-3070 Page 5 of 16 open to the public and are affordable to residents of surrounding neighborhoods, and serve community needs. The Project is consistent with these General Plan Open Space Element goals and policies, as it provides for redevelopment of an existing, auto - oriented commercial center with a new mixed -use urban village. The Project will contain 13.1 acres of total onsite public open space, which will be maintained for public access and enjoyment through both the Specific Plan's goals and development standards, as well as the Project's proposed Development Agreement (No. 2023-02). The 13.1 acres of onsite open space comprise almost one-third of the entire site's 41 acres, and will be programmed for both passive and active uses, with a minimum of four community events per year. Moreover, the Project's street frontages will contain new bike lanes, with stretches built as protected bike lanes, encouraging active recreation to and from the Project Site. • Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.3 Equitable Creation and Distribution of Open Space. Promote the creation of new open space and community serving amenities in park -deficient areas that keeps pace with the increase in multi -unit housing development, with priority given to those that are also within environmental justice area boundaries. o Policy LU-1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. o Policy LU-1.6 Transit Oriented Development. Encourage residential mixed -use development, within the City's District Centers, Urban Neighborhoods, and adjacent to high quality transit. o Policy LU-1.8 Development Tradeoffs. Ensure that new development projects provide a net community benefit. o Policy LU-1.9 Public Facilities and Infrastructure. Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. Ordinance No. NS-3070 Page 6 of 16 • Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana's diverse needs. o Policy LU-2.1 Employment Opportunities. Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. o Policy LU-2.2 Capture Local Spending. Encourage a range of commercial uses to capture a greater share of local spending, and offer a range of employment opportunities. o Policy LU-2.3 Supportive Spaces. Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues o Policy LU-2.4 Cost and Benefit of Development. Balance the benefits of development with its fiscal impacts on the city and on quality of life for the community. o Policy LU-2.5 Benefits of Mixed -Use. Encourage infill mixed -use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. o Policy LU-2.8 City Image. Encourage land uses, development projects, and public art installations that promote the city's image as a cultural, governmental, and business -friendly regional center. o Policy LU-2.10 Smart Growth. Focus high density residential in mixed -use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. • Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. c Policy LU-4.5 VMT Reduction. Concentrate development along high quality transit corridors to reduce vehicle miles traveled (VMT) and transportation -related carbon emissions. The Project is consistent with these General Plan Land Use Element goals and policies, as it provides for redevelopment of an existing, auto -oriented commercial center with a new mixed -use urban village. The Project has Ordinance No. NS-3070 Page 7 of 16 been thoroughly evaluated for environmental impacts, as well as for market, fiscal impact, economic impact, and community benefits through multiple analyses. The proposed specific plan establishes a foundation for future developments within the specific plan area that provide a balance of commercial and residential land uses, conforming to the General Plan's DC-5 land use designation and the South Bristol Street Focus Area's goals. The infill nature of the Project encourages smart growth by conserving resources and locating new development in an already - urbanized, transit -oriented area adjacent to or near major employment centers. The Project conforms to all Vehicle Miles Travelled (VMT) guidelines adopted by the City and enhances the City's image at a major intersection leading into Santa Ana. • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction. o Policy UD-1.2 Public Art. Require public art as part of major developments and the public realm improvements. o Policy UD-1.4 Safety Through Design. Incorporate public safety design features into private and public developments to prevent loitering, vandalism, and other undesirable activities. o Policy UD-1.5 Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. o Policy UD-1.6 Active Transportation Infrastructure. Support the creation of citywide public street and site amenities that accommodate and promote an active transportation -friendly environment. • Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting. o Policy LID-2.1 Enhanced Public Realm Experience. Encourage development to enhance the existing environment through the use of creative architectural design and sustainable streetscape treatments that are consistent on each corridor. o Policy UD-2.2 Compatibility and Use With Setting. Employ buffers and other urban design strategies to encourage the Ordinance No. NS-3070 Page 8 of 16 compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas. o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood. c Policy UD-2.7 Building and Strengthening Identity. Collaborate with community stakeholders to strengthen and foster development of community and neighborhood identity and district character through complementary architecture, unique streetscapes, and programming. o Policy UD-2.10 Greening the Built Environment. Promote planting of shade trees and require, where feasible, preservation and site design that uses appropriate tree species to shade parking lots, streets, and other facilities, with the goal of reducing the heat island effect. • Goal UD-3: Attractive Travelways. Create and maintain safe and attractive travelways through coordinated streetscape design. o Policy UD-3.3 Foster Community Building. Promote a safe environment that facilitates social interaction and improves active transportation along corridors. o Policy UD-3.4 Improvements to Streetscape. Promote streetscape improvement plans that are responsive to community needs, the nature of adjacent uses, path characteristics, street classification, pedestrian scale, and view corridors. o Policy UD-3.6 Linear Park System. Support open space improvements along roadways and nonvehicular paths, such as bike or multiuse trails, to create linear open space that connect to a network of parks and activity areas throughout the city. o Policy UD-3.8 Pleasant Travel Experience. Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive city image. • Goal UD-4: Nodes and People Places. Create nodes and urban hubs throughout the City to foster community, education, arts and culture, business activities, entertainment, and establish Santa Ana as a vibrant center. Ordinance No. NS-3070 Page 9 of 16 o Policy UD-4.1 Intentional Development. Support development growth in nodes consistent with the City's vision as the dynamic urban center of Orange County. o Policy UD-4.2 Image Making Through Architecture. Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. o Policy UD-4.3 Activate Open Space. Ensure architectural and landscape design activates open space as a means to promote community interaction and enhance the aesthetic quality of development. o Policy UD-4.4 Vibrant Street Life. Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. • Goal UD-5: Focus Intersections. Create focal points at major intersections to enhance community identity and open space. o Policy UD-5.1 Building Presence at Intersections. Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. • Goal UD-7: Gateways. Create and strengthen gateways into the City that promote a sense of arrival. o Policy UD-7.1 First Impression. Strengthen the architectural design of developments near gateways to communicate a sense of arrival and inspire positive images of the City. o Policy UD-7.2 Streetscape Improvements. Enhance Santa Ana's gateways to include unique and distinctive streetscape improvements. The Project is consistent with these General Plan Urban Design Element goals and policies. The Project improves a major site at a gateway intersection leading into Santa Ana by redeveloping an outdated, auto - oriented strip -commercial center with a dynamic, mixed -use urban village that complements the scale an intensity of existing developments surrounding the Project Site. Through onsite private streets and improvements to public streets along the site's street frontages, the specific plan will create attractive travelways and establish activity nodes at the intersections of Bristol Street and Sunflower Avenue, and Bristol Street and MacArthur Boulevard, near the interchange of Bristol Street Ordinance No. NS-3070 Page 10 of 16 and the San Diego (1-405) Freeway. The redevelopment of the existing site will establish a new gateway into Santa Ana that is consistent with the South Bristol Street Focus Area's vision for the Project Site. • Goal HE-1: Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well -maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.3 Complete Neighborhoods. Improve neighborhood quality by locating or providing access to complementary services and public facilities, including the integration of community gardens and access to healthy food options in neighborhoods. o Policy HE-1.4. Healthy Neighborhoods. Create and maintain parks and open spaces; plant trees, green parkways, and medians; support access to healthy food options; and maintain a continuous pattern of pathways that encourage an active and healthy lifestyle. o Policy HE-1.10. Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. • Goal HE-2. Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups. o Policy HE 2.3. Urban Villages. Create higher intensity, mixed - use urban villages and pedestrian -oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. o Policy HE-2.4. Rental Housing. Facilitate the construction of rental housing for Santa Ana's residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate income Santa Ana workers. o Policy HE-2.6. Housing Design. Require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and Ordinance No. NS-3070 Page 11 of 16 environmentally sensitive ("green") building and design practices. • Goal HE-4. Provide sufficient rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness. o Policy HE-4.1. Senior Housing. Support development of affordable senior rental and ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. The Project is consistent with these General Plan Housing Element goals and policies. The Project will provide high -quality diversity of rental housing for Santa Ana's residents and workforce. Through the Project's Development Agreement, the Project will provide inclusionary housing fees that will be used by the City to provide onsite affordable housing opportunities in the community. Through innovative use of land, the Project will provide for healthy communities with 13.1 acres of onsite open space, a full -service grocer, and underground parking, freeing up valuable acreage for the development of community -serving commercial, residential, and open space land uses. Moreover, the SP and requested entitlements address General Plan consistency for the South Bristol Street Focus Area in the following manners: • The District Center -High is a mixed -use designation identified in the General Plan as including "high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live -work, commercial, hotel, and employment - generating uses." • Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development Project. • The General Plan's District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. Ordinance No. N5-3070 Page 12 of 16 • The General Plan envisions "urban villages", "an intense multistory presence" and "mixed use opportunities". The Development Plan implements this vision with a range of building heights and configurations in two mixed -use Districts/Villages, with heights and intensities within the limits identified in the General Plan. • The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. • The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. • The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. • The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. G. The City Council has weighed and balanced the General Plan's policies and has determined that, based upon this balancing, the Project at 3600 Bristol Street and Amendment Application No. 2023-03, including the Related Bristol Specific Plan (SP No. 5) and the Zone Change, are consistent with the purpose of the General Plan. H. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 17, 2024 and October 1, 2024 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, Amendment Application No. 2023-03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare. Section 2. The City prepared a Draft Supplemental Environmental Impact Report ("SEIR") that analyzed the Project's environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the "CEQA Guidelines"), and the City's Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. Ordinance No. NS-3070 Page 13 of 16 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the Amendment Application No. 2023-03, and specifically, approves and adopts the Related Bristol Specific Plan (SP No. 5), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference. This approval 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 September 17, 2024 and October 1, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the Zone Change for the Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5), as set forth in Amended Sectional District Map No. 35-5-10, a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by this reference. This approval 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 September 17, 2024 and October 1, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 7. 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 Ordinance No. NS-3070 Page 14 of 16 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 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 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 1511 day of October, 2024. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney E Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza Vazquez 6 NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers None (0) Phan (1) recusal None (0) Ordinance No. NS-3070 Page 15 of 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-3070 to be the original ordinance adopted by the City Council of the City of Santa Ana on October 15, 2024. ennifer . Ha Cit I City of Sa na Ordinance No. NS-3070 Page 16 of 16 The Final Draft Related Bristol Specific Plan document is available: Online on the City's project webpage at: htt s: www.santa-ana.or related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Related Bristol Final Supplemental Environmental Impact Report (SEIR) are also available for viewing online and in print at the same locations. *Please note that the Final Draft Related Bristol Specific Plan and the Draft SEIR were originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library Ordinance No. NS-3070 26-5-1o"d, mI U_, M7 �` R7 C4C7 O M1 0 UP RR 0 p p 0 WALIUNAV R2-P ❑ --pV.- MUMMAWK RR R2� D 1 Rz-P ❑ I R�caxRo i :� p Ca AV S714 SU51 MEAUOKaRooN bR 1 PICAsso `\�/ ::R-2]-PRD R3 ym REMRRANRT V -.RF.EHS;EIR40 RN _I C2 � t- C2 y W MACARTHUR BLVII U) H R1 !Kip m V_1 VVV In R ST R - _ WE5T WIND m a) C2 R1 R�,p@D I R1 F RRK1Ny AV k 3 RI -PRO R7 - a R07--i R7 S suMMER __j WIND BAY, URORA u cRM- R1r R1a R3 i FM 'd C1 CR Rl ................... gUNF't? 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