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Home My WebLink About2025-006 - Repealing Resolution No. 2019-107 regarding 2019 Environmental Approvals RESOLUTION NO. 2025-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 2019-107 (1) ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2018021031), (3) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT, (4) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (5) APPROVING THE PROPOSED ADDINGTON MULTI-FAMILY RESIDENTIAL PROJECT LOCATED WITHIN THE CITY OF SANTA ANA AT 2525 NORTH MAIN STREET WHEREAS, AC 2525 Main, LLC ("AC 2525") sought to develop the Addington Multi-Family Residential Project ("Project"), originally proposed as a 496-unit multi- family residential project on a 5.93-acre site at 2525 North Main Street in Santa Ana, California ("Project Site"); and WHEREAS, on January 14, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, seventy-nine (79) members of the public spoke on the item, thirty (30) speakers supported the project, forty-eight (48) opposed it and one speaker was neutral. 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 not certify the EIR or adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and deny the Project; and WHEREAS, on February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed it and three (3) speakers were neutral and the public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019; and WHEREAS, on February 19, 2019, the City Council continued to conduct the duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, one hundred and thirty-one (131) members of the public spoke on the item, twenty-six (26) speakers supported the project and one hundred and five (105) speakers opposed it. Furthermore, one hundred Resolution No. 2025-006 Page 1 of 5 and sixty-six (166) written comments were received with nine (9) in support and one hundred and fifty-seven (157) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted that the applications go back to the Planning Commission for reconsideration after further consultation with the community; and WHEREAS, in June 2019, the applicant submitted a revised plan consisting of development 347 multi-family units (59 dwelling units per acre), with 642 parking spaces (1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4- story residential building wrapped around a five-level parking structure with an amenity deck on the sixth-level, private open space, and redesigned the intersection of Main Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93- acre site (the "June Revised Plan"); and WHEREAS, on August 12, 2019, the Planning Commission conducted a duly noticed public hearing to consider the June Revised Plan. At the meeting, seventy- seven (77) members of the expressed opposition; nine (9) supported the project, and one speaker was neutral. In addition, one-hundred (100) written comments were received with six (6) in support and ninety-four (94) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission vote resulted in an impasse; and WHEREAS, in October 2019, in response to comments received the applicant submitted a further revised plan including redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for-rent multi-family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot which also reduced the Project's height, increased the Project's setbacks, and modified the Project entrance ("October Modified Project"); and WHEREAS, the City prepared "Clarifications to the Final EIR" to determine if the October Modified Project would result in new or substantially increased environmental effects than those analyzed in the EIR such that the EIR would require recirculation prior to its certification; and WHEREAS, the Clarifications to the Final EIR include detailed analysis, based upon substantial evidence, that demonstrate that the Modified Project would not result in any new or substantially greater impacts than are disclosed in the EIR, no new mitigation measures beyond those identified in the EIR are required, and no additional feasible alternatives or mitigation measures considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project; and WHEREAS, on October 28, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and Resolution No. 2025-006 Page 2 of 5 two (2) in expressed support the project. In addition, ninety-eight (98) individuals submitted comments with ninety-four (94) in opposition and four(4) in support; and WHEREAS, after hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission by a vote of 3:2, voted to recommend denial of the project. Since the entitlements required final action by the City Council, the actions were forwarded to the City Council; and WHEREAS, on November 19, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and at which hearing members of the public were afforded an opportunity to comment upon Environmental Impact Report No. 2018-01. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted to certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and approve the October Modified Project; and WHEREAS, the "EIR" consists of the Final EIR, Clarifications to the Final EIR, and all attachments and appendices to both the Final EIR and the Clarifications to the Final EIR, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and WHEREAS, on November 19, 2019, the Project was presented to the City Council for consideration. This included certification and adoption of the Final Environmental Impact Report (Final EIR), clarification to the Final EIR document, a mitigation monitoring and reporting program, and a statement of overriding conditions; Development Agreement; General Plan amendment to change the land use designation of the property from Professional and Administrative Office (PAO) to District Center (DC); Amendment application to rezone the property from Professional (P) to Specific Development No. 93 (SD-93). The first reading of the zone change and development agreement were approved along with the Final EIR and mitigation monitoring program. WHEREAS, on December 3, 2019, the second reading of the ordinances was held. The matter was continued to December 17, 2019 and then to January 21, 2020. WHEREAS, on January 21, 2020, the zone change and development agreement ordinances were adopted. WHEREAS, the Project approved entailed, among other things, (1) demolition of the existing 81,172 square foot vacant two-story office building and 442-space surface parking lot on the Project Site; (2) redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for-rent multi-family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot for residential and commercial parking; (3) approval of Development Agreement No. 2018-01 between the City of Santa Ana ("City") and Applicant; (4) approval of General Plan Amendment No. 2018-06, which would change the Project Site's existing land use designation of Professional & Administration Office (PAO) to District Center (DC); and (5) approval of Resolution No. 2025-006 Page3of5 Amendment Application No. 2018-10, which would change the zoning of the Project Site from Professional (P) to Specific Development No. 93 (SD-93) designation; and WHEREAS, the approved Project included review and certification of an Environmental Impact Report (the "EIR") (SCH# 2018021031) (Environmental Impact Report No. 2018-01), and approval of Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10; and WHEREAS, a Referendum petition regarding the zone change was circulated and gathered sufficient signatures for placement on the ballot. On May 5, 2020, the City Council rescinded approval of the zone change for the Project. WHEREAS, in January 2020, the City was served with litigation alleging violation of the California Environmental Quality Act brought by Santa Ana Citizens for Responsible Development regarding the environmental approvals for the Project. WHEREAS, the matter settled in December 2024 and the settlement included an agreement not to rely upon the EIR for any future development of the property. WHEREAS, the Santa Ana City Council intends to rescind Resolution No. 2019- 107 relating to approval of the Final EIR. 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: The City Council hereby rescinds Resolution No. 2019-107 (1) adopting environmental findings of fact pursuant to the California Environmental Quality Act; (2) certifying the final environmental impact report (SCH #2018021031), (3) adopting a statement of overriding considerations for the proposed project, (4) adopting the mitigation monitoring and reporting program, and (5) approving the proposed Addington multifamily residential project located within the City of Santa Ana at 2525 North Main Street. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of February, 2025. ie ^ mezck Resolution No. 2025-006 Page 2 of 5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: qc() A-. Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Vazquez (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers Phan (1) recusal ABSENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-006 to be the original resolution adopted by the City Council of the City of Santa Ana on February 4, 2025. Date: `1l (Cf ,2 `, nifer L. all Cit City of Sa to Ana Resolution No. 2025-006 Page 5 of 5