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Exhibit 5 - Resolution Approving VTTM No. 2023-01 with Attachments

Santa Ana City Council
October 1, 2024

Document
Exhibit 5 - Resolution Approving VTTM No. 2023-01 with Attachments
Meeting
October 1, 2024
Body
Santa Ana City Council
Pages
8
Original file
11.2 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

Resolution No. 2024-XXX

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING VESTING TENTATIVE TRACT
MAP NO. 2023 -01 (COUNTY MAP NO. 19272), AS

CONDITIONED, FOR A MIXED -USE DEVELOPMENT,

KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN
PROJECT, AT THE 41 -ACRE SITE GENERALLY
LOCATED AT 3600 BRISTOL 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. 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 requesting approval of Vesting Tentative Tract Map ( “TTM”) No. 2023 -01 to facilitate the construction of a mixed -use de velopment (“Project”), known as the Related Bristol Specific Plan Project , at 3600 Bristol Street (“Project Site”).

B. The Project entails, among other things, (1) dem olition 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 co mmercial 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 Project Site has a General Plan land use de signation of District Center High (DC -5) and is located within the General Commercial (C2) zoning designation in the g eneral northern portion of the Project S ite and within the Commercial Residential (CR) zoning designation in the general southern portion of the Project S ite. The City Council is considering the recommendation of approval of the adoption of an Amendment Application No. 2023-03 to establish the Related California Specific Plan (SP No. 5) and a Zone Change for the Project Site via a separate resolution on October 1, 2024.

D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (“SAMC”) and the California Subdivision Map Act (“SMA”).

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E. Pursuant to Section 34-127 of the SAMC, approval of a VTTM application is required for projects proposing to create four or more parcels by the Planning Commission.

F. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023-01.

G. On September 17 , 2024, the City Council of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023 -01, after which the item was continued to the regularly -scheduled City Council meeting of October 1, 2024.

H. The City Council of the City of Santa Ana determines that the followi ng findings, in accordance with Section 66473.5 and 6 6474 of the SMA and Section 34 -127 of the SAMC, which must be established in order to approve VTTM No. 2023-01, have been established:

1. The proposed project and its design and improvements are consistent with the General Plan land use designation and are otherwise consistent with all other Elements of the General Plan.

The Project and its design and improvements are consistent with the General Plan land use designation of District Center – High (DC-5), which allows a maximum floor area ratio of

5.0 and up to 125 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. Specifically, the project is consistent with General Plan Land Use Element (LU) Goal 1, w hich encourages projects that improve quality of life and respects the existing
community. Policy LU -1.2 supports innovative development policies to expand homeownership opportunities at all
income levels. Policy LU-4.7 encourages the development of mixed-income developments with mixed housing types to
create inclusive communities and economically diverse
neighborhoods. Lastly Policy HE-2.5 of the Housing Element supports diverse types, prices, and sizes of housing.

2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances.

The project is consistent with the development standards specified within the project’s proposed Specific Plan (SP No. 5), including land use, height, min imum development site area, building frontages, publicly accessible open space, private/common open space, building setbacks, and parking and access. Further, the access and egress for the Project has been thoroughly review by the Public Works Agency for compliance with all applicable development standards.

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3. The project site is physically suitable for the type and density of the proposed project.

There are no physical constraints on the site th at would preclude development. The proposed site consists of
approximately 41 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neigh borhood and with proposed Specific Plan (SP No. 5) development standards.

4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure to fish or wildlife of their habitat.

The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site.

Therefore, the pr oposed subdivision will not cause any substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.

5. The design or improvements of the proposed project will not cause serious public health problems.

The design or improvements of the proposed project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure
improvements as required by the SAMC and SMA.

6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use, of property within the proposed project.

The design and improvements of the project will not conflict with easement s necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance
agreements between properties.

Section 2. The City prepared a Draft Supplemental Environmental Imp act 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

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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, t he City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution for FEIR No. 2020029087 is incorporated herein by reference. The City Council Resolution for FEIR No. 2020029087 recommends certification of the Final SEIR, adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reportin g 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 City Council Resolution for FEIR 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 VTTM No. 2023-01, as conditioned in Exhibit A, attached hereto and incorporated herein for the Project at the Project Site, and as illustrated and attached hereto and incorporated herein as Exhibit B . 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 Staff Report 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. This Resolution shall not be effective unless and until the City Council Resolution for FEIR No. 2020029087 , the City Council Ordinance for Development Agreement No. 2023 -02, the City Council Ordinance for Amendment Application No. 2023-03, and the City Council Resolution to o verrule of Orange County John Wayne Airport Land Use Commission’s determination of inconsistency for the project are adopted and become effective. If said resolutions and ordinance s are for any reason held to be invalid or unconstitutional by the decision of a ny 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 5. The documents and materials associated with this Resolution 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 Planning Manager is the custodian of records for the record of proceedings.

Section 6. Pursuant to Gove rnment Co de Section 66020, the A pplicant 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 fro m 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 arbitratio ns, mediations, and such

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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 t he City) for or concerning the P roject, 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 providin g 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 cooperat e with Applican t in the defense of the Action.

Section 8. If any section , subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The Planning Commission of the City of Santa Ana hereby declares that it would have adopted this Resolution 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 1st day of October, 2024.

_______________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:________________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

Resolution No. 2024-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 1, 2024.

Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana

Resolution No. 2024-XXX

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Exhibit A

Conditions for Approval for Vesting Tentative Tract Map No. 2023-01

Resolution No. 2024-XXX

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Exhibit B

Vesting Tentative Tract Map No. 2023-01

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