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EXHIBIT 5 <br />LS 12.1.20 <br />RESOLUTION N0, 2020-xx <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING AND ADOPTING AN <br />ADDENDUM TO THE ENVIRONMENTAL IMPACT <br />REPORT FOR THE TRANSIT ZONING CODE PROJECT <br />(SCH NO. 2006071100) FOR AMENDMENT APPLICATION <br />NO. 2020-04 AND ADOPTION OF A MITIGATION <br />MONITORING AND REPORTING PROGRAM FOR THE 4TH <br />AND MORTIMER MIXED -USE DEVELOPMENT PROJECT <br />LOCATED AT 409 AND 509 EAST FOURTH STREET <br />WHEREAS, Andrew Nelson, with Red Oak Investments, LLC, representing <br />Northgate Gonzalez Real Estate (hereinafter referred to as "Applicant'), is requesting <br />approval of Amendment Application No. 2020-04, as conditioned, to allow the <br />construction of a new mixed -use residential and commercial development consisting of <br />169 residential rental units and 11,361 square feet of commercial space at 409 and 509 <br />East Fourth Street; and <br />WHEREAS, the subject property contains 2.715 acres at two separate but <br />adjacent sites at 409 and 509 East Fourth Street, currently developed with a <br />commercial building (Northgate Gonzalez Market), surface parking lot, and vacant <br />buildings and parcels; and <br />WHEREAS, the Transit Zoning Code was adopted in 2010 as a result of interest <br />in developing transit -oriented mixed -use residential and commercial projects in its <br />project area. The Transit Zoning Code was amended in 2019 to modernize and refine <br />development standards to further these interests. The regulating plan, which establishes <br />land uses and development standards, allows a variety of housing and commercial <br />projects, including mixed -use residential communities, live/work units, hotels, and <br />offices; and <br />WHEREAS, the City Council of the City of Santa Ana certified the Environmental <br />Impact Report (SCH No. 2006071100) and adopted a mitigation monitoring and <br />reporting program for the Transit Zoning Code, which allows a mixture of residential, <br />commercial, and limited industrial land uses; and <br />WHEREAS, the entitlements sought for the proposed mixed -use development <br />project include a Site Plan Review application, Variance application, and an <br />Amendment Application; and <br />WHEREAS, in 2010, the City Council certified the Final Environmental Impact <br />Report ("2010 EIR") for the Transit Zoning Code Project ("Originally Approved Plan"), <br />Resolution No. 2020-xx <br />Page 1 of 8 <br />75C-319 <br />