60A - 4TH AND MAIN MIX USE DEVELOPMENT

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SPR No. 2019-01/DBA No. 2019-01 — First American Title Co. Development October 28, 2019 Page 6 Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny the requested parking ratio and is preempted from denying the Density Bonus Agreement application. Project and Site Background The Transit Zoning Code was adopted in July 2010 and provides a framework for mixed -use, residential, commercial, and limited industrial activities in a large section of central Santa Ana loosely bound by Flower Street, the Santa Ana (1-5) Freeway, Civic Center Drive, Grand Avenue, and First Street. The plan area contains six sub -zones that allow various types and ranges of intensity, as well as two industrial overlay districts where industrial uses in place at the time of the code's adoption are allowed to continue. The Downtown sub -zone in which the project is proposed allows a variety of mixed -use developments that are intended to contribute to creating a dynamic, transit -oriented area for residents, business owners, and visitors, and to lessen the need for automobile dependence. Amendments to the Transit Zoning Code in July 2019 modernized certain sections of the code and further the goals and vision of the plan area. The original First American Title Company headquarters buildings (now connected as one) were constructed in 1931 and 1949; subsequent additions and remodels in 1966, 1976, and 1977 resulted in large portions of the building being concealed behind contemporary additions and fagade remodels. In 1960, the original Montgomery Ward building at the northeast corner of Fourth and Main streets was vacated as the department store relocated to the new Honer Plaza (now Bristol Marketplace) at Bristol and 17th streets; the building was later demolished in 1974 for the construction of the site's current surface parking lot. In August 2018, the applicant submitted the proposed mixed -use development, which is the first major mixed -use, mixed -income development proposed in Downtown Santa Ana since the Transit Zoning Code was adopted in 2010. Since submitting the application, the applicant has met with nearby neighborhood associations, business leaders, and other interested parties. A full list of neighborhood outreach efforts and details on the Sunshine Ordinance community meeting is provided in Table 2 of this report. Analysis of the Issues Section 41-2005 of the SAMC requires developments proposing over four stories in height to apply for a Site Plan Review (SPR) with the Planning Commission. As the buildings in the proposed development contain five and seven stories, approval of a SPR application is required by the Planning Commission. In addition, the project is seeking approval of a density bonus agreement to voluntarily commit five percent (11 units) of the residential component to very -low income households. Through this voluntary commitment, the applicant is seeking to exercise rights afforded under the California Government Code to allow a reduced parking ratio for the project. Pursuant to SAMC Section 41- 1600, density bonus agreement applications that also request a "deviation" from development standards require Planning Commission review and approval prior to City Council approval of the density bonus agreement itself. 60A-35