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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 2 and Variance No. 2020-06 (VAR) as conditioned. The Planning Commission modified Condition No. 6 of Site Plan Review No. 2020-03 and Variance No. 2020-06 requiring a public art plan prior to issuance of the certificate of occupancy, instead of prior to issuance of a building permit. The modified condition also requires the art work to be completed within a year of completion of the project. In addition, the Planning Commission recommended that the City Council adopt a resolution approving an Addendum to the Environmental Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100), mitigation monitoring and reporting program, and an ordinance approving Amendment Application No. 2020-04 for Specific Development No. 84 (SD84). On October 22, 2020, Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), submitted an appeal application pursuant to Section 41- 645 of the SAMC (Exhibit 1) appealing the Planning Commission's approval of the addendum to the TZC EIR in connection with the approval of the SPR and VAR based on three main reasons, including: (1) CEQA compliance; (2) HOO applicability; and (3) consideration of the Planning Commission regarding public comment letter received. Subsequently, on November 3, 2020, Lozeau Drury, LLP, on behalf of SAFER, provided a letter to the City further stating its concerns about the project's exemption from HOO requirements that are contained in Santa Ana Municipal Code Section 41-1900 et seq. (Exhibit 2). DISCUSSION Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate, is requesting approval of multiple entitlements to facilitate construction of a new mixed -use community on two City blocks located at 409 East Fourth Street (Site A) and 509 East Fourth Street (Site B). Specifically, the applicant is requesting approval of an addendum to the Environmental Impact Report for the Transit Zoning Code (TZC) as well as an amendment application (AA) to modify the sub - zoning designation of various parcels on Site B from the Urban Neighborhood 2 (UN-2) subzone to the Urban Center (UC) sub -zone. The project would contain a total of 169 residential rental units and 11,361 square feet of commercial space. It is recommended that the City Council approve the applicant's request due to the project's satisfaction of meeting the intent of the TZC to promote a pedestrian -oriented environment with a mix of land uses, facilitating the redevelopment of underutilized land with new development that is compatible with the surrounding community, encouraging increased employment opportunities within the City, the generation of additional property and sales taxes, and because the project will provide additional high -quality housing stock. Table 1: Proiect and Location Information Item Information Project Address 409 East Fourth Street and 509 East Fourth Street Nearest Intersection Fourth and French streets and Fourth and Mortimer streets General Plan Designation Site A — District Center (DC) Site B — Urban Neighborhood UN Zoning Designation Transit Zoning Code (Specific Development No. 84), Downtown subzone (Site A) and Urban Neighborhood 2 subzone Site B 75C-2