HomeMy WebLinkAbout2016-024 - Mitigated Negative Declaration and Mitigation MonitoringLS 1.25.16
RESOLUTION NO. 2016 -024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO.
2016 -14, AND GENERAL PLAN AMENDMENT NO. 2016-
01 FOR THE PROPERTY LOCATED AT 1438 AND 1440
EAST FIRST STREET
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. AMCAL Multi Housing Two, LLC is requesting the approval of General Plan
Amendment No. 2016 -01 to amend the General Plan land use designation
from General Commercial (GC) to Urban Neighborhood (UN) to allow
construction of the AMCAL First Street Family Apartments development
project that would include 69 affordable apartment homes and ancillary
onsite community services to very low and low- income households on a
2.15 -acre parcel of land.
B. AMCAL Multi Housing Two, LLC is proposing to construct a 69 -unit
affordable apartment homes project. Because the proposed project is
intended to be developed entirely for very low and low- income
households, the project is exempt from the City's Housing Opportunity
Ordinance.
C. On March 28, 2016, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council: (1) adopt a
resolution approving the Mitigation Monitoring Reporting Program and (2)
adopt a resolution approving General Plan Amendment No. 2016 -01 for
the proposed project.
D. On April 19, 2016, the City Council of the City of Santa Ana held a duly
noticed public hearing to consider all testimony, written and oral, related to
Environmental Review No. 2016 -14 and General Plan Amendment No.
2016 -04, at which time all persons wishing to testify were heard, the project
was fully considered, and all other legal prerequisites to the adoption of this
Resolution occurred.
Resolution No. 2016 -024
Page 1 of 5
E. General Plan Amendment No. 2016 -01 has been filed to amend the General
Plan to change the land use designation from General Commercial (GC) to
Urban Neighborhood (UN).
1. Currently, the land use designation for this site is General
Commercial (GC), which allows commercial developments and uses.
This project will require amendments to the Land Use Element,
including amending the General Plan Land Use designation to Urban
Neighborhood (UN) with a General Plan floor area ratio range of 0.5
to 1.5.
2. The proposed project will support several goals and policies of the
Housing Element. First, the project would be consistent with Goal
2, which encourages 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 to foster an inclusive community. Second, the project would
support Goal 4, to provide adequate rental and ownership housing
opportunities and supportive services. Further, the project would
be consistent with several Housing Element policies: Policy HE -2.3
to encourage construction of rental housing for the city's residents
and workforce; Policy HE -2.4 to facilitate diverse types, prices and
sizes of housing; and Policy HE -4.2 to encourage the development
of larger rental units for families.
3. The City Council has weighed and balanced the General Plan's
policies, both new and old, and has determined that based upon
this balancing that General Plan Amendment No. 2016 -01 is
consistent with the purpose of the general plan.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration (MND) and
mitigation monitoring program, Environmental Review No. 2016 -14, 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 California Environmental Quality Act (CEQA) and the State CEQA
Guidelines, an MND and mitigation monitoring program adequately addresses the
expected environmental impacts of this project. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the project
will have a significant adverse effect on the environment. The City Council hereby
certifies and approves the MND and mitigation monitoring program and directs that the
Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
Resolution No. 2016 -024
Page 2 of 5
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 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. Mitigation measures in
the Mitigation Monitoring Program will prevent any significant adverse effects resulting
from removal of existing trees on the project site on wildlife resources or ecological
habitats. 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 3. Pursuant to Public Resources Code section 21081.6, the City
Council hereby adopts the Mitigation Monitoring Program attached hereto as Exhibit A
and incorporated herein by this reference as a condition of approval of the project. The
City finds that Mitigation Monitoring Program is designed to ensure that, during the
implementation of the Project, the City and any other responsible parties implement the
components of the Project and comply with the mitigation measures identified in the
Mitigation Monitoring Program.
Section 4. The City Council of the City of Santa Ana after conducting the
public hearing hereby approves:
A. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2016 -14.
B. General Plan Amendment No. 2016 -01.
These decisions are based upon the evidence submitted at the above said
hearing, which includes, but is not limited to: the Request for Council Action dated April
19, 2016, and exhibits attached hereto; and the public testimony, written and oral, all of
which are incorporated herein by this reference.
Section 5. This Resolution shall not be effective unless and until Ordinance No.
NS -2897 (AA No. 2016 -01) becomes effective. If said ordinances are for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or
otherwise do not go into effect for any reason, then this resolution shall be null and void
and have no further force and effect.
Section 6. These decisions rendered by the City Council of the City of Santa
Ana are final and are 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.
Resolution No. 2016 -024
Page 3 of 5
ADOPTED this 19th day of April, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: — zlc wK
isa Storck
Assistant City Attorney
AYES: Councilmembers: Amezcua Benavides, Martinez, Pulido, Reyna,
Sarmiento Tinalero (7)
NOES: Councilmembers: None (0)
ABSTAIN:
Councilmembers:
None
(0)
NOT PRESENT:
Councilmembers:
None
(0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2016 -024 to be the original resolution adopted by the City Council of the
City of Santa Ana on April 19, 2016.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2016 -024
Page 4 of 5
Exhibit A
California Environmental Quality Act
Mitigation and Monitoring Program
Resolution No. 2016 -024
Page 5 of 6
Final Draft
Mitigation Monitoring and
Reporting Program
First Sheet Family Apartments Project
Prepared by:
City of Santa Ana
20 Civic Center Plaza, M -20
Post Office Box 1988
Santa Ana, California 92702
Contact: Ali Pezeshlcpour, Associate Planner
(714) 647 -5882
A.pezeshkpour @santa- a.na.org
Prepared with the assistance Of'.
Rzncon Consultants, Inc.
706 South Hill Street, Suite 1200
Los Angeles, California 90014
March 2016
First Street Family Apartments Project
Mitigation Monitoring and Reporting program
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the First
Street Family Apartments Project, proposed in the City of Santa Ana. The purpose of the
MMRP is to ensure that the required mitigation measures identified in the Initial Study -
Mitigated Negative Declaration (IS -MND) are implemented as part of the overall project
implementation. In addition to ensuring implementation of mitigation measures, the MMRP
provides feedback to agency ,staff and decision - makers during project implementation, and
identifies the need for enforcement action before irreversible environmental damage occurs.
The following table summarizes the mitigation measures for each issue area identified in the IS-
MND for the proposed project. The table identifies each mitigation measure; the action
required for the measure to be implemented; the time at which the monitoring is to occur; the
monitoring frequency; and the agency or party responsible for tonsuring that the monitoring is
performed. In addition, the table includes coltunris for compliance verification. These columns
will be filled out by the monitoring agency or party and would document monitoring
compliance. Where an impact was identified to be less than significant, no mitigation measures
were required.
This MMRP will be used by City staff or the City's consultant to determ. me compliance with
permit conditions. Violations of these conditions may cause the City to revoke the operating
permit.
MMRP -2 City of Santa Ana
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