Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 1. The project is consistent with: a. A community plan adopted as part of a general plan, b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or c. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Furthermore, the exemption applies when all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures (State CEQA Guidelines Section 151 83(e)). The GPU EIR was certified in 2022, which analyzed the impacts of the City's GPU, which was adopted. As discussed in this exemption checklist, the Project is consistent with the development standards analyzed in the GPU EIR. The Project site is located within the GPU 55 Freeway / Dyer Road Focus Area. The General Plan (Land Use Element Page 54) describes that this focus area will transition from a portion of the city that is almost exclusively focused on professional office jobs to one that supports a range of commercial, industrial/flex, and mixed -use development. The Project site has a GPU designation of FLEX-3 that allows a FAR of 3.0 and building heights up to 10- stories. The FLEX-3 designation allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small- scale clean manufacturing, research, and development. The GPU identifies (on Table LU-A-1) that the Interim Development Standard for the FLEX-3 area is M1 (Light Industrial). The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses. The M1 zone provides requirements for minimum lot sizes or 12,000 square feet with 100 feet of street frontage, building height (a maximum of 35 feet), setback requirements from public streets, landscaping requirements. The M-1 zone does not have density requirements. The Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. As such, the GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.42, which is less than the maximum FAR of 3.0 allowable in the FLEX-3 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. 2