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Appeal Application No. 2020-02, ER No. 2018-13 & AA No. 2020-04 — 4th and Mortimer Mixed -Use Development December 1, 2020 Page 10 Staff Response: CEQA Guidelines Section 15152(f) does not prohibit use of an addendum where the original EIR identified significant and unavoidable impacts. Instead, this section states, "A later EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environmental that were not adequately addressed in the prior EIR." As documented in the technical reports prepared for the 4th and Mortimer Mixed -Use project and the addendum, the 4th and Mortimer Mixed -Use project will not cause new significant effects that were not previously disclosed in the TZC EIR. Moreover, the cited court case does not apply. The case concludes that where a subsequent project would result in new significant impacts (thus requiring a subsequent or supplemental EIR), a statement of overriding considerations specifically tied to that project must be adopted. Again, the subject project has no new significant impacts, therefore no subsequent or supplemental EIR is required. II. The appellant states that, "The City failed to comply with the Housing Opportunity Ordinance ("HOO") by failing to require the developer to include affordable housing units in the project." Summary of Appeal Reasoning: The appellant claims that the project failed to comply with the Housing Opportunity Ordinance (HOO) pursuant to the Santa Ana Municipal Code (SAMC). Specifically, the appellant states that the HOO applies to the project because it "exceeds densities allowed by current general plan and zoning" and as such the project ,'must provide inclusionary housing for low-income residents." The appellant specifically sites SAMC Sections 41-1902(a) and (b). The appellant further provides findings regarding the project inconsistency with the zoning, massing and density allowed by the current general plan and zoning. The appellant suggests that the project requires amendments to the zoning that will increase the residential density allowed by the general plan and zoning code, thereby trigging the HOO and requiring that the developer provide affordable housing. Staff Response: The HOO does not apply to the project because the project does not exceed the residential density permitted in the general plan. As recently amended, the HOO only applies when a project requires a general plan amendment. The proposed development does not require a general plan amendment application. Site A is zoned Transit Zoning Code (TZC) with a downtown subzone designation and has a General Plan designation of District Center (DC). The development intensity in the DC for the downtown area is based on a combination of floor area ratio (FAR) and zoning overlay and/or development standards, but generally allows up to a maximum of 90 dwelling units per acre (du/ac) and a maximum FAR of 3.0 (City of Santa Ana General Plan Land Use Element, pg. A-11). Site A is approximately 1.423-acres in size and is proposed to be developed as a mixed - use commercial/residential structure with 99 residential units, a 3,847-square-foot eating establishment, and 7,514 square feet of retail space. As proposed, Site A would have a density of 69.6 du/ac and an FAR of 2.4. Therefore, Site A would not exceed the allowable density nor the allowable FAR by the DC general plan designation. 75C-10