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HomeMy WebLinkAbout1 - Staff Report1 - 1 1 - 2 1 - 3 1 - 4 1 - 5 1 - 6 1 - 7 1 - 8 1 - 9 1 - 10 1 - 11 1 - 12 1 - 13 EXHIBIT 1 1 - 14 Resolution No. 2020-xx Page 1 of 8 LS 10.12.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR SITE PLAN REVIEW NO. 2020-03 AND VARIANCE NO. 2020-06 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 4TH AND MORTIMER MIXED-USE DEVELOPMENT PROJECT LOCATED AT 409 AND 509 EAST FOURTH STREET WHEREAS, Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate (hereinafter referred to as “Applicant”), is requesting approval of Site Plan Review No. 2020-03 and Variance No. 2020-06, as conditioned, to allow the construction of a new mixed-use residential and commercial development consisting of 169 residential rental units and 11,361 square feet of commercial space at 409 and 509 East Fourth Street; and WHEREAS, the subject property contains 2.715 acres at two separate but adjacent sites at 409 and 509 East Fourth Street, currently developed with a commercial building (Northgate Gonzalez Market), surface parking lot, and vacant buildings and parcels; and WHEREAS, the Transit Zoning Code was adopted in 2010 as a result of interest in developing transit-oriented mixed-use residential and commercial projects in its project area. The Transit Zoning Code was amended in 2019 to modernize and refine development standards to further these interests. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices; and WHEREAS, the City Council of the City of Santa Ana certified the Environmental Impact Report (SCH No. 2006071100) and adopted a mitigation monitoring and reporting program for the Transit Zoning Code, which allows a mixture of residential, commercial, and limited industrial land uses; and WHEREAS, the entitlements sought for the proposed mixed-use development project include a Site Plan Review application, Variance application, and an Amendment Application; and WHEREAS, in 2010, the City Council certified the Final Environmental Impact Report (“2010 EIR”) for the Transit Zoning Code Project (“Originally Approved Plan”), 1 - 15 Resolution No. 2020-xx Page 2 of 8 which analyzed the potentially significant environmental impacts of a mixed-use plan area consisting of new residential, commercial, and industrial development; and WHEREAS, pursuant to the 2010 EIR, the subject site may be developed with a mixed-use development consisting of residential and commercial land uses; and WHEREAS, when compared against the Originally Approved Plan, the proposed mixed-use development will not result in any new or intensified significant impacts; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the proposed development; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the proposed project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, the analysis contained in the 4th and Mortimer Mixed-Use Development project’s EIR Addendum (“2020 Addendum”) concludes that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, the proposed Project is within a transit priority area (TPA) as defined by Public Resources Code (PRC) Section 21099(a)(7). A TPA is an area within one-half mile of a major transit stop that is existing (or planned under certain conditions). A major transit stop includes the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (PRC § 21064.3). The Project site is within 0.5 miles of the intersection of Bus Routes 53, 55, 64, 83, 206 and 462 with transit stops located throughout Main Street, Civic Center Drive, Fifth Street, Santa Ana Boulevard and First Street. Furthermore, the Santa Ana Metrolink Station and Santa Ana Regional Transportation Center is located less than 0.5 miles to the east at Santa Ana Boulevard and Santiago Street. The transit frequency at the stops along Main Street and First Street is every 15-minutes during the morning and afternoon peak commute periods and therefore qualifies as a high-quality transit corridor. Lastly, the project is located within a 0.5 miles of a high-quality transit corridor (routes along Main Street and First Street), plus the future OC Streetcar, which would further enhance mobility throughout Downtown Santa Ana, beyond the current 1 - 16 Resolution No. 2020-xx Page 3 of 8 transit opportunities that are now availability. Therefore, under SB 743, aesthetic and parking impacts cannot be considered a significant impact within TPA’s; and WHEREAS, on October 12, 2020 at a duly noticed public hearing, the Planning Commission considered the 2020 EIR Addendum for Site Plan Review No. 2020-03 and Variance No. 2020-06; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The Planning Commission has reviewed and considered the 2010 EIR and the 2020 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the proposed development. The Planning Commission further finds that the 2020 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission further finds and determines that the EIR Addendum reflects the City’s independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the subject property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The proposed development does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the proposed development will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of 1 - 17 Resolution No. 2020-xx Page 4 of 8 reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt. SECTION 4. The Planning Commission hereby finds that mitigation measures identified in the 2010 EIR remain applicable to the Transit Zoning Code, with exception of mitigation measure MM4.4-1(a) as part of the Cultural Resources which has been revised after consultation with California Native American Tribes. These findings are described more specifically in the Mitigation Monitoring and Reporting Program (“MMRP”) attached hereto as Exhibit A. The Planning Commission therefore hereby adopts those mitigation measures identified as remaining applicable to the Transit Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A. SECTION 5. The Planning Commission hereby approves and adopts the 2020 4th and Mortimer Mixed-Use Development EIR Addendum related to Site Plan Review No. 2020-03 and Variance No. 2020-06, attached hereto and incorporated herein as Exhibit B. SECTION 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall 1 - 18 Resolution No. 2020-xx Page 5 of 8 reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. SECTION 7. The Planning Commission directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk’s Office within five working days of the Planning Commission’s approval of Site Plan Review No. 2020-03 and Variance No. 2020-06 for the 4th and Mortimer Mixed-Use Development Project. SECTION 8. The 2010 EIR and the 2020 EIR Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file, are incorporated herein by reference and are available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92701. The custodian of these records is Daisy Gomez, City Clerk for the City. SECTION 9. This resolution shall take effect immediately upon its adoption by the Planning Commission, and the Recording Secretary shall attest to and certify the vote adopting this resolution. ADOPTED this 12th day of October, 2020 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck Assistant City Attorney 1 - 19 Resolution No. 2020-xx Page 6 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1 - 20 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) is available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-monthly- development-project-reports/4th-and Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 1 - 21 EXHIBIT B 4TH AND MORTIMER EIR ADDENDUM The 4th and Mortimer Mixed-Use Development Project EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- monthly-development-project-reports/4th-and Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 1 - 22 LS 10.12.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2020-03 AS CONDITIONED FOR A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 409 EAST FOURTH STREET (SITE A) AND 509 EAST FOURTH STREET (SITE B) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate (hereinafter referred to as “Applicant”), is seeking approval of various entitlements including Site Plan Review No. 2020-03, Variance No. 2020-06, and Amendment Application 2020-04 to allow the construction of a new mixed-use residential and commercial development consisting of 169 residential rental units and 11,361 square feet of commercial space at 409 and 509 East Fourth Street; and B. The aApplicant has requested approval of Site Plan Review No. 2020-03 as conditioned, to allow the construction of structures over four stories in height as part of the new mixed-use residential and commercial development at 409 and 509 East Fourth Street; and C. The Transit Zoning Code was adopted in 2010 as a result of interest in developing mixed-use residential and commercial projects in its project area. The Transit Zoning Code was amended in 2019 to modernize and refine development standards to further these interests. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices. D. On October 12, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing regarding Site Plan Review No. 2020-03 and at that time considered all testimony, written and oral. E. Sections 41-2007 and 41-593.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans for developments of over four stories within the Transit Zoning Code (Specific Development No. 84) to ensure the project is in conformity with the overlay zone plan. 1 - 23 F. The zoning designation for the subject property is Specific Development No. 84, Downtown and Urban Neighborhood-2 sub-zone. G. The Planning Commission determines that pursuant to SAMC Sections 41-2007 and 41-593.5, the project is in compliance with all applicable development standards outlined within the Specific Development (SD No. 84/Transit Zoning Code), with the exception of required building size, type, and massing, which are being considered separately as and subject to approval of Variance No. 2020-06 and Amendment Application No. 2020- 04. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. In accordance with the California Environmental Quality Act (CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 EIR Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 1 - 24 A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the Applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2020-03 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 12, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. Site Plan Review No. 2020-03 shall not be effective unless and until the Planning Commission reviews and approves the EIR Addendum, Environmental Review No. 2018-113, and Variance No. 2020-06 and the City Council reviews and approves the EIR Addendum, Environmental Review No. 2018-113, and Amendment Application No. 2020-04 for the subject project. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. ADOPTED this 12th day of October, 2020 by the following vote: 1 - 25 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1 - 26 EXHIBIT A Conditions for Approval for Site Plan Review No. 2020-03 Site Plan Review No. 2020-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2018- 28) and the staff report exhibits incorporated herein by reference. . 2. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall: (1) conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance, and (2) contain regularly-spaced vines installed along the entire lengths of the new perimeter wall and the trash enclosure so as to form a natural graffiti deterrent. 6. Prior to the issuance of a building permit, a Public Art Plan must be submitted to the Planning Division for review and approval. The aApplicant shall work with the City’s Arts & Culture Office to identify local artist, and receive recommendations on establishing a process for selecting and displaying such local artwork. 1 - 27 7. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 8. A Resident Storage Plan shall be provided for the project prior to issuance of certificate of occupancy. Storage shall be available at no cost to the residents. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. All mechanical equipment shall be screened from view from public and courtyard areas. 11. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 12. A residential property manager shall be on site at all times that the project is occupied and the developer and on-site management shall at all times maintain a 24-hour emergency contact and contact information on file with the City. 13. Residents of both development sites in the Project (Site A and Site B) shall have access to resident amenities, onsite parking, and open space areas in both sites in perpetuity. 14. No more than one individual lease shall be permitted per unit. Leasing of individual bedrooms shall not be permitted. 15. A Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); 1 - 28 (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 1 - 29 Resolution No. 2020-xx LS 10.12.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-06 AS CONDITIONED TO ALLOW AN INCREASE IN THE ALLOWABLE BUILDING SIZE AND MASSING ON SITE B AS PART OF A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 409 EAST FOURTH STREET (SITE A) AND 509 EAST FOURTH STREET (SITE B) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate (hereinafter referred to as “Applicant”), is seeking approval of various entitlements including Site Plan Review No. 2020-03, Variance No. 2020-06, and Amendment Application No. 2020-04 to allow the construction of a new mixed-use residential and commercial development consisting of 169 residential rental units and 11,361 square feet of commercial space at 409 and 509 East Fourth Street; and B. The Applicant has requested approval of Variance No. 2020-06 as conditioned, to exceed the allowable building size and massing standards on Site B as part of the new mixed-use residential and commercial development at 409 and 509 East Fourth Street; and C. Santa Ana Municipal Code (SAMC) Section 41-2023(i)(5) of the Transit Zoning Code requires that the maximum ratio of each lined block story, between three and five stories, be 85 percent of the project’s ground floor’s volume. D. The Applicant is proposing an increase in the allowable maximum ratio for the building on 509 East Fourth Street (Site B) for the third through fifth floor, where each floor would be 100 percent of the building’s ground floor volume, exceeding the allowable ratio by 15 percent of the ground and second floor volumes on each of floors three through five. E. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. 1 - 30 Resolution No. 2020-xx F. On October 12, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing regarding Variance No. 2020-06 and at that time considered all testimony, written and oral. G. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Variance No. 2020-06, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its existing shape and location. Site B has a smaller than average lot depth and lot width, compared to most lots in the downtown area. Lots in the downtown area average 250 feet by 250 feet. While portions of Site B meet the average lot width and depth, a majority of Site B is smaller-than- average. Site A takes advantage of a full city block with complete street frontages along every street while Site B is interrupted by an adjacent parcel not part of the project, and approximately 6,200 square feet in size, or 50 feet by 124 feet. This results in Site B having smaller-than-average street frontages along Mortimer and Fourth Streets. Without the increase in the allowable building size and massing standards, the project would need to be redesigned, resulting in several impacts to the feasibility of the site’s development. These impacts would include a loss off-street parking spaces by requiring a reduction in size of the parking structure; an incompatible design and unbalanced composition of massing the project site; and/or a smaller building footprint that would reduce the building’s interior floor area and individual unit sizes. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. An increase in the allowable maximum ratio would allow for a design that takes into account Downtown Santa Ana’s smaller-than-average lot depths as well as the interruption of the adjacent parcel, account for engineering and design challenges of buildings 1 - 31 Resolution No. 2020-xx when step-backs are required on upper levels. Moreover, an increase in the allowable maximum ratio would avoid a two- block development where one block looks arbitrarily carved down by a forced stepback and avoid an incompatible design that could cause an unbalanced composition of massing along Fourth Street, inconsistent with the architectural vernacular and intentions of the Transit Zoning Code. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. A shade and shadow analysis was conducted for the proposed project. The Site Shadow Study indicates that none of the sensitive uses surrounding the project sites would be shaded by either building for more than three hours between 9:00 A.M. and 3:00 P.M. during the Winter Solstice. Likewise, sensitive land uses would not be shaded by project structures for more than five hours between 9:00 A.M. and 5:00 P.M. during the summer. As such, the proposed project would not result in a new significant impact or substantially increase the severity of a previously identified significant impact with respect to shade and shadow beyond those analyzed in the 2010 EIR. Moreover, the adjacent automotive repair and commercial space on Site B offers collective massing relief for the site. Although not part of the project, this parcel’s size means that if redeveloped, it will always be to a lower building and massing scale than the proposed five-story structure on Site B. When viewed collectively, the amount of “stepback” or reduction in floor volume would exceed the required 85% of ground floor requirement and would be roughly comparable to the third floor stepback accomplished by the courtyard on Site A. Further, the Citywide Design Guidelines encourage new buildings to be compatible with surrounding character, including building style, form, size, materials, and roofline. Specifically, Chapter 8 (Downtown Development Guidelines), Section 8.6 encourages that the height and scale of new buildings complement existing structures and provide a sense of human scale and proportion. As the two blocks are being developed together they’re designed with appropriate congruity and diversity in both style and articulation. Both buildings rise with balanced “U-shaped” courtyard design facing Fourth Street and vary significantly with a two-story height variation. A two-block development 1 - 32 Resolution No. 2020-xx where one block looks arbitrarily carved down by a forced stepback would present as an incompatible design and could cause an unbalanced composition of massing along Fourth Street, inconsistent with the architectural vernacular and intentions of the Transit Zoning Code. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for increase in the allowable maximum ratio will not adversely affect the General Plan. The project site has a General Plan designation of District Center on Site A and Urban Neighborhood on Site B. The District Center-Downtown District and Urban Neighborhood land use designation accommodates high-rise office, commercial, and mixed-use residential uses with an emphasis on streets that accommodate all modes of transportation for this land use designation. The allowable floor area ratio (FAR) for District Center and Urban Neighborhood land use designation would be a maximum of 3.0 and 1.80, respectively. The proposed project would include construction of two new buildings, one of which would be seven stories in height with an FAR of 2.4 (Building A) and one that would be five stories in height with an FAR of 1.8 (Building B), consistent with the allowable FAR as part of the General Plan. Furthermore, the project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.1 promotes medium density housing in and around the downtown area and Policy 1.2 supports high-density residential development within the City’s District Centers as a part of a mixed-use development. The project will involve construction of a mixed-use residential and commercial building on Site A with a density of 69.6 du/ac, and a multi-family residential building on Site B with a density of 54.2 du/ac, on two adjacent city blocks in downtown, within the Transit Zoning Code area. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.7 support projects that contribute to the redevelopment and revitalization of the central City urban areas. The development proposes to redevelop two City blocks currently occupied by a commercial building, surface parking lot, and vacant and unimproved buildings and parcels. Policy 2.10 supports new development, which is harmonious in scale and character 1 - 33 Resolution No. 2020-xx with existing development in the area. Both sites in the development have been carefully designed to be integrated within the existing development pattern in Downtown Santa Ana. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. The construction of this project will contribute toward an economically balanced community by providing housing and commercial retail opportunities (e.g., restaurant, retail sales, etc.) for different demographics in an area rich with employment opportunities, commercial development, and market-rate housing. In addition, a fiscal and economic impact analysis estimates that the proposed development will result net positive fiscal impacts to the City, the Business Improvement District, and over 800 new temporary or permanent jobs. Specifically, the analysis estimates $5.4 million net new General Fund revenues associated with the project over a 25-year period. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. The project’s storefront widths, window heights, setbacks, and other architectural features have been carefully evaluated to ensure a seamless transition from existing buildings to the new project. Each site has its own unique architectural vernacular defined by scale, facade articulation, roof forms, materials, and detailing. Both of these blocks are designed in closely related and established California Contemporary architectural style, which complements the neighborhood in which the project site is located. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to 1 - 34 Resolution No. 2020-xx modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. In accordance with the California Environmental Quality Act (CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 4th and Mortimer Mixed-Use Development EIR Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be 1 - 35 Resolution No. 2020-xx feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2020-06 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 12, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. Variance No. 2020-06 shall not be effective unless and until the Planning Commission reviews and approved the EIR Addendum, Environmental Review No. 2018- 113, and Site Plan Review No. 2020-03 and the City Council reviews and approves the EIR Addendum, Environmental Review No. 2018-113, and Amendment Application No. 2020-04 for the subject project. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. ADOPTED this 12th day of October, 2020 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck 1 - 36 Resolution No. 2020-xx Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1 - 37 EXHIBIT A Conditions for Approval for Variance No. 2020-06 Variance No. 2020-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2018-28) and the staff report exhibits incorporated herein by reference. 2. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall: (1) conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance, and (2) contain regularly-spaced vines installed along the entire lengths of the new perimeter wall and the trash enclosure so as to form a natural graffiti deterrent. 6. Prior to the issuance of a building permit, a Public Art Plan must be submitted to the Planning Division for review and approval. The applicant shall work with the City’s Arts & Culture Office to identify local artists, and receive recommendations on establishing a process for selecting and displaying such local artwork. 1 - 38 7. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 8. A Resident Storage Plan shall be provided for the project prior to issuance of certificate of occupancy. Storage shall be available at no cost to the residents. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. All mechanical equipment shall be screened from view from public and courtyard areas. 11. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 12. A residential property manager shall be on site at all times that the project is occupied and the developer and on-site management shall at all times maintain a 24-hour emergency contact and contact information on file with the City. 13. Residents of both development sites in the Project (Site A and Site B) shall have access to resident amenities, onsite parking, and open space areas in both sites in perpetuity. 14. No more than one individual lease shall be permitted per unit. Leasing of individual bedrooms shall not be permitted. 15. A Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, 1 - 39 (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 1 - 40 EXHIBIT 2 1 - 41 Resolution No. 2020-xx Page 1 of 8 LS 10.12.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR AMENDMENT APPLICATION NO. 2020-04 AND ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 4TH AND MORTIMER MIXED-USE DEVELOPMENT PROJECT LOCATED AT 409 AND 509 EAST FOURTH STREET WHEREAS, Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate (hereinafter referred to as “Applicant”), is requesting approval of Amendment Application No. 2020-04, as conditioned, to allow the construction of a new mixed-use residential and commercial development consisting of 169 residential rental units and 11,361 square feet of commercial space at 409 and 509 East Fourth Street; and WHEREAS, the subject property contains 2.715 acres at two separate but adjacent sites at 409 and 509 East Fourth Street, currently developed with a commercial building (Northgate Gonzalez Market), surface parking lot, and vacant buildings and parcels; and WHEREAS, the Transit Zoning Code was adopted in 2010 as a result of interest in developing transit-oriented mixed-use residential and commercial projects in its project area. The Transit Zoning Code was amended in 2019 to modernize and refine development standards to further these interests. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices; and WHEREAS, the City Council of the City of Santa Ana certified the Environmental Impact Report (SCH No. 2006071100) and adopted a mitigation monitoring and reporting program for the Transit Zoning Code, which allows a mixture of residential, commercial, and limited industrial land uses; and WHEREAS, the entitlements sought for the proposed mixed-use development project include a Site Plan Review application, Variance application, and an Amendment Application; and WHEREAS, in 2010, the City Council certified the Final Environmental Impact Report (“2010 EIR”) for the Transit Zoning Code Project (“Originally Approved Plan”), 1 - 42 Resolution No. 2020-xx Page 2 of 8 which analyzed the potentially significant environmental impacts of a mixed-use plan area consisting of new residential, commercial, and industrial development; and WHEREAS, pursuant to the 2010 EIR, the subject site may be developed with a mixed-use development consisting of residential and commercial land uses; and WHEREAS, when compared against the Originally Approved Plan, the proposed mixed-use development will not result in any new or intensified significant impacts; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the proposed development; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the proposed project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, the analysis contained in the 4th and Mortimer Mixed-Use Development project’s EIR Addendum (“2020 Addendum”) concludes that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, the proposed Project is within a transit priority area (TPA) as defined by Public Resources Code (PRC) Section 21099(a)(7). A TPA is an area within one-half mile of a major transit stop that is existing (or planned under certain conditions). A major transit stop includes the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (PRC § 21064.3). The Project site is within 0.5 miles of the intersection of Bus Routes 53, 55, 64, 83, 206 and 462 with transit stops located throughout Main Street, Civic Center Drive, Fifth Street, Santa Ana Boulevard and First Street. Furthermore, the Santa Ana Metrolink Station and Santa Ana Regional Transportation Center is located less than 0.5 miles to the east at Santa Ana Boulevard and Santiago Street. The transit frequency at the stops along Main Street and First Street is every 15-minutes during the morning and afternoon peak commute periods and therefore qualifies as a high-quality transit corridor. Lastly, the project is located within a 0.5 miles of a high-quality transit corridor (routes along Main Street and First Street), plus the future OC Streetcar, which would further enhance mobility throughout Downtown Santa Ana, beyond the current 1 - 43 Resolution No. 2020-xx Page 3 of 8 transit opportunities that are now availability. Therefore, under SB 743, aesthetic and parking impacts cannot be considered a significant impact within TPA’s; and WHEREAS, on October 12, 2020 at a duly noticed public hearing, the Planning Commission considered the 2020 EIR Addendum for Site Plan Review No. 2020-03 and Variance No. 2020-06 when recommending that the City Council approve the Project; and WHEREAS, on November 17, 2020 at a duly noticed public hearing, the City Council considered the 2020 EIR Addendum for Amendment Application No. 2020-04; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 2010 EIR and the 2020 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the proposed development. The City Council further finds that the 2020 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the EIR Addendum reflects the City’s independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the subject property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The proposed development does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the proposed development will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant 1 - 44 Resolution No. 2020-xx Page 4 of 8 environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the Applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt. SECTION 4. The City Council hereby finds that mitigation measures identified in the 2010 EIR remain applicable to the Transit Zoning Code, with exception of mitigation measure MM4.4-1(a) as part of the Cultural Resources which has been revised after consultation with California Native American Tribes. These findings are described more specifically in the Mitigation Monitoring and Reporting Program (“MMRP”) attached hereto as Exhibit A. The City Council therefore hereby adopts those mitigation measures identified as remaining applicable to the Transit Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A. SECTION 5. The City Council hereby approves and adopts the 2020 4th and Mortimer Mixed-Use Development EIR Addendum related to Amendment Application No. 2020, attached hereto and incorporated herein as Exhibit B. SECTION 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or 1 - 45 Resolution No. 2020-xx Page 5 of 8 any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. SECTION 7. The City Council directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk’s Office within five working days of the City Council approval of Amendment Application No. 2020 for the 4th and Mortimer Mixed-Use Development Project. SECTION 8. The 2010 EIR and the 2020 EIR Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file, are incorporated herein by reference and are available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92701. The custodian of these records is Daisy Gomez, City Clerk for the City. SECTION 9. This resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this resolution. ADOPTED this ____ day of ___________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa E. Storck Assistant City Attorney 1 - 46 Resolution No. 2020-xx Page 6 of 8 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 47 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) is available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-monthly- development-project-reports/4th-and Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 1 - 48 EXHIBIT B 4TH AND MORTIMER EIR ADDENDUM The 4th and Mortimer Mixed-Use Development Project EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- monthly-development-project-reports/4th-and Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 1 - 49 EXHIBIT 3 1 - 50 Ordinance No. NS-XXXX Page 1 LS 10.12.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2020-04 MODIFYING THE SUB-ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 501, 507, 509, 515, AND 519 EAST FOURTH STREET AND THOSE AT 502, 506, 510, 514, 520 EAST FIFTH STREET FROM SPECIFIC DEVELOPMENT NO. 84, URBAN NEIGHBORHOOD 2 (UN-2) SUB-ZONE, TO THE URBAN CENTER (UC) SUB-ZONE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land regulation; the location, height, bulk and size of buildings and structures, the size of yards and open space; the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement; and WHEREAS, the regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City; and WHEREAS, the City of Santa Ana has adopted a zoning map which has since been amended from time to time; and WHEREAS, Andrew Nelson, with Red Oak Investments, LLC, representing Northgate Gonzalez Real Estate (hereinafter referred to as “Applicant”), seeks to develop the 4th and Mortimer Mixed-use Development Project (“proposed Project”), on a 1.423-acre site at 409 East Fourth Street and a 1.292-acre site at 501, 507, 509, 515, and 519 East Fourth Street and 502, 506, 510, 514, 520 East Fifth Street (collectively referred to as “509 East Fourth Street”) in Santa Ana, California (“Project Site”); and WHEREAS, during the City’s entitlement and environmental review process, and in response to comments and concerns raised by the City and public, the Applicant has proposed the subject mixed-use Project; and 1 - 51 Ordinance No. NS-XXXX Page 2 WHEREAS, the entire Project as currently proposed entails, among other things, (1) demolition of an existing commercial grocery market, surface parking lot, an existing commercial auto building, and ancillary structures on the Project Site; (2) redevelopment of the Project Site with a residential and commercial mixed-use development consisting mixed-use residential and commercial development consisting of two separate buildings located on two development sites at 409 (Site A) and 509 (Site B) East Fourth Street, with up to 169 residential rental units, 11,361 square feet of commercial space, 422 on-site parking spaces, and onsite landscaping and amenities; (3) approval of Site Plan Review No. 2020-03 to allow the construction of two structures over four stories in height; (4) approval of Variance No. 2020-06 to allow an increase in the allowable building size and massing for Site B; and (5) approval of Amendment Application (AA) No. 2020-04, which would change the zoning of Site B from Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub-zone, to the Urban Center (UC) sub-zone; and WHEREAS, the requested Amendment Application would modify the zoning designation of Site B from Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub-zone, to Specific Development No. 84, Urban Center (UC) to facilitate the construction of the proposed Project; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City Council of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the Environmental Impact Report (EIR) for the Transit Zoning Code Project (SCH NO. 2006071100) and the 2020 4th and Mortimer Mixed-Use Development EIR Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant 1 - 52 Ordinance No. NS-XXXX Page 3 effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the Applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt. WHEREAS, the 2020 4th and Mortimer Mixed-Use Development EIR Addendum analyzed the impacts related to the proposed amendment to the zoning map and Specific Development No. 84; and WHEREAS, on October 12, 2020, the Planning Commission conducted a duly noticed public hearing to consider the 2020 4th and Mortimer Mixed-Use Development EIR Addendum, Site Plan Review No. 2020-03, Variance No. 2020-06, and Amendment Application No. 2020-04 described above. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council adopt a resolution approving an Addendum to the EIR for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a mitigation monitoring and reporting program for Amendment Application No. 2020-04, and to adopt an ordinance approving Amendment Application No. 2020-04 for Specific Development No. 84 (SD84). WHEREAS, on November 17, 2020, the City Council conducted a duly noticed public hearing to consider the 2020 4th and Mortimer Mixed-Use Development EIR Addendum and Amendment Application No. 2020-04 and at which hearing members of the public were afforded an opportunity to comment upon the Project. After hearing all relevant testimony from staff, the public and the City’s consultant team, the City Council voted to adopt a resolution approving an Addendum to the Environmental Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a mitigation monitoring and reporting program for Amendment Application No. 2020-04, and to adopt an ordinance approving Amendment Application No. 2020-04 for Specific Development No. 84 (SD84). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council has reviewed and approved an Addendum to the Environmental Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a mitigation monitoring and reporting program for Amendment Application No. 2020-04. SECTION 3. AMENDMENT APPLICATION: The Amendment Application consists of amendments to the zoning map changing the zoning of Site B from Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub-zone, to the Urban Center 1 - 53 Ordinance No. NS-XXXX Page 4 (UC) sub-zone, as shown in Exhibit A and Exhibit B respectively, attached hereto and incorporated herein by reference. SECTION 4. LOCATION OF DOCUMENTS: The Amendment Application, Addendum to the Environmental Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100) and all supporting documents are online, on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. SECTION 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs in that: A. The proposed Amendment Application will not adversely affect the public health, safety, and welfare in that the Amendment Application will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. B. The amendment application to change the zoning designation of Site B from Specific Development No. 84, Urban Neighborhood 2 (UN-2) sub-zone, to the Urban Center (UC) sub-zone is consistent with Santa Ana Municipal Code section 41-593.1 for the following reasons: (1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. The project’s site plan has been designed to integrate the project site into the surrounding community. Both parking garages will provide vehicular gates separating available commercial parking spaces (e.g., guest, commercial, employee, etc.) from the residential parking areas. Vehicular access will be provided from Fifth Street by one right-turn only driveway west of Mortimer Street and one full access driveway east of Mortimer Street. The on-site circulation would provide safe access for vehicle-pedestrian traffic and the driveway would provide sufficient throating such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Pedestrian access points would be provided by residential lobbies access along French and Mortimer Street. These access points have been designed to ensure the safety of residents and visitors of the project site, as well as commuters, employees, and residents of the surrounding community. (2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures 1 - 54 Ordinance No. NS-XXXX Page 5 and grounds in order that the most appropriate use and value thereof be determined and protected. Both sites in the development have been carefully designed to be integrated within the existing development pattern in Downtown Santa Ana. Each site has its own unique architectural vernacular defined by scale, facade articulation, roof forms, materials, and detailing. Both of these blocks are designed in closely related and established California Contemporary architectural style, which complements the neighborhood in which the development is located. The overall development will feature amenities commonly found at other upscale mixed-use developments in the region. These include a large courtyard with pool, spa, clubroom, fitness room, and landscaping in the center of Site A; a roof terrace on the 7th floor of Site A, overlooking Fourth and French streets; a leasing office and lounge in Site A; a bike locker in Site A; and a ground- floor lobby and resident amenity area in Site B. In addition, the project features private open space/decks for 59 units on Site A and 48 on Site B. The two-block project will be built and is conditioned to be managed as a single community and all amenities will be accessible to residents from either site. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may, in the judgment of the city, be required for the systematic execution of the general plan. The project site has a General Plan designation of District Center on Site A and Urban Neighborhood on Site B. The District Center-Downtown District and Urban Neighborhood land use designation accommodates high-rise office, commercial, and mixed-use residential uses with an emphasis on streets that accommodate all modes of transportation for this land use designation. The allowable floor area ratio (FAR) for District Center and Urban Neighborhood land use designation would be a maximum of 3.0 and 1.80, respectively. The proposed project would include construction of two new buildings, one of which would be seven stories in height with an FAR of 2.4 (Site A) and one that would be five stories in height with an FAR of 1.8 (Site B), consistent with the allowable FAR as part of the General Plan. Furthermore, the project is consistent with several goals and policies of the General Plan, including the Economic 1 - 55 Ordinance No. NS-XXXX Page 6 Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.1 promotes medium density housing in and around the downtown area and Policy 1.2 supports high density residential development within the City’s District Centers as a part of a mixed use development. The project will involve construction of a mixed-use residential and commercial building on Site A with a density of 69.6 du/ac, and a multi-family residential building on Site B with a density of 54.2 du/ac, on two adjacent city blocks in downtown, within the Transit Zoning Code area. Therefore, the Project will be consistent with the General Plan Land Use Element. 4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. The project is consistent with the Land Use Element Goal 2 which promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.7 support projects that contribute to the redevelopment and revitalization of the central City urban areas. The development proposes to redevelop to City blocks currently occupied by a commercial building, surface parking lot, and vacant and unimproved buildings and parcels. Policy 2.10 supports new development that is harmonious in scale and character with existing development in the area. Both sites in the development have been carefully designed to be integrated within the existing development pattern in Downtown Santa Ana. The mixture of land uses on the project site, including residential, commercial, and open space, will contribute to the formation a dynamic downtown core. The commercial and open space components will serve both residents and visitors of the project site, as well as the large daytime employee population working in the project site’s immediate vicinity. (5) Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. The project is consistent with Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of 1 - 56 Ordinance No. NS-XXXX Page 7 mutually beneficial and supportive business clusters within the community. The construction of this project will contribute toward an economically balanced community by providing housing and commercial retail opportunities (e.g., restaurant, retail sales, etc.) for different demographics in an area rich with employment opportunities, commercial development, and market-rate housing. In addition, a fiscal and economic impact analysis estimates that the proposed development will result net positive fiscal impacts to the City, the Business Improvement District, and over 800 new temporary or permanent jobs. Specifically, the analysis estimates $5.4 million net new General Fund revenues associated with the project over a 25-year period. The mixed-use development will utilize existing water, sewer, and drainage infrastructure and will not result in the expansion of infrastructure. In addition, the Project will not result in the need for expansion of new or altered police or fire facilities. SECTION 6. INDEMNIFICATION. A. General Indemnification. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. B. Further Indemnification. Within five (5) days of receipt of a referendum petition by the City, Applicant shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the funds to pay any and all costs associated with said referendum measure. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Applicant shall, within 1 - 57 Ordinance No. NS-XXXX Page 8 three (3) days of receiving notice from the City, deposit with the City additional funds as requested by the City to cover all costs and expenses associated with processing the referendum and holding the related election. Following certification of the election results, any funds remaining in the Referendum Deposit account shall be returned to the Applicant. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8 . CITY COUNCIL ACTIONS: The City Council hereby takes the following actions: 1. The City Council hereby adopts an Ordinance approving Amendment Application No. 2020-04 as follows: A. Subject to compliance with the approved Addendum to the Environmental Impact Report for the Transit Zoning Code Project (SCH NO. 2006071100) and adopted mitigation monitoring and reporting program for Amendment Application No. 2020-04, the properties at 501, 507, 509, 515, and 519 East Fourth Street and 502, 506, 510, 514, 520 East Fifth Street shall be amended to Specific Development No. 84 Urban Center (UC) sub-zone as set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference. B. The Amendment Application shall not take effect unless and until the Planning Commission reviews and approved the EIR Addendum, Environmental Review No. 2018-113, Variance No. 2020-06 and Site Plan Review No. 2020-03, and the City Council reviews and approves the EIR Addendum, Environmental Review No. 2018-113 for the subject project. SECTION 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof. ADOPTED this ______ day of ______________, 2020. _______________________ Miguel A. Pulido Mayor 1 - 58 Ordinance No. NS-XXXX Page 9 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa E. Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ____________ ____________________________ Daisy Gomez Clerk of the Council City of Santa Ana 1 - 59 EXHIBIT 4 1 - 60 9/22/2020 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 SPR 2020-03, VAR 2020-06, AA 2020-04 - 4th and Mortimer Mixed-UseDevelopment Project409 and 509 East Fourth Street Exhibit 4 – Vicinity Zoning and Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1 - 61 EXHIBIT 5 1 - 62 SPR No. 2020-03 & AA No. 2020-04, “4th and Mortimer Mixed-Use Development” 409 and 509 East Fourth Street Northeast View of Site A from 5th Street and Mortimer Street Northwestern View of Site A Southern View of Sites A and B from 4th Street and Minter Street Southeast View of Site B from Minter Street Exhibit 5 – Site Photos 1 - 63 SPR No. 2020-03 & AA No. 2020-04, “4th and Mortimer Mixed-Use Development” 409 and 509 East Fourth Street Southwest View of Site B from 4th Street and Mortimer Street Southern View of Site B from 4th Street Northeastern View of Site B from 5th Street and Minter Street Northwest View of Site B from 5th Street and Mortimer Street Exhibit 5 – Site Photos 1 - 64 EXHIBIT 6 1 - 65 APRIL 6, 20201 - 66 APRIL 6, 20201 - 67 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFUTURE STREETCAR TRACKPROTECTED BIKE LANEPROTECTED BIKE LANERWRESTAURANTRWLEASINGRETAILMECH./ELEC.MAILELEC.RM.C (T)2,079 SQ. FT.7,514 SQ. FT.2,378 SQ. FT.C (T)STORAGELOBBYMAIL/PARCELGI GIC (R)860 SQ. FT.LOBBYTRASH/LOADINGTRASH/LOADINGAMENITYGATE GATETURN-AROUNDSPOTTURN-AROUNDSPOTGATETURN-AROUNDSPOTGATE TURN-AROUNDSPOT4BR/3BA1,325 SQ. FT.STUDIO520 SQ. FT.3BR/3BA1,237 SQ. FT.MECH.3BR/2BA1,062 SQ. FT.STUDIO520 SQ. FT.4BR/3BA1,325 SQ. FT.4BR/4BA1,520 SQ. FT.4BR/3BA1,325 SQ. FT.2BR/2BA938 SQ. FT.3BR/2BA1,062 SQ. FT.3BR/2BA961 SQ. FT.MECH.LOBBYST.STORAGEMECH.MECH.2BR/2BA1,142 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,142 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.BIKE439 SQ. FT.KITCHEN/STORAGE1,469 SQ. FT.DOUBLE HEIGHTDOUBLE HEIGHT UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE) UP RAMP UP37' (RUN) (5% SLOPE)= 1.85' (RISE)+0'+4.65'+6.5' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE) UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+6.5' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+0'+4.65' UP RAMP UP 37' (RUN) (5% SLOPE) = 1.85' (RISE)ELEC.RM.UPUPUPUPDNUPDNUPUP UPDN18'-0"9'-0"18'-0"9'-0"24'-0" 24'-0"TRASHVEST.USPSUSPSUP EVSEEVSE EVSEEVSEVANVAN EVSE EVSE COURTYARD(SEE LANDSCAPEDRAWINGS)BIKESTOOPSTOOPBA Level 1BB Level 172'-1"77'-9"11'-10"15'-8"7'-8"176'-6"22'-5"10'-0"3'-7"8'-9"10'-7"4'-3" 6'-0"11'-5"94'-2"69'-2"80'-10"176'-0"4'-9"84'-4"31'-8"69'-11"17'-4"72'-4"4'-0"72'-2"15'-4"10'-3"2'-6"4'-0"10'-0" 12'-9" 13'-7"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.0BUILDING PLANLEVEL 10204010APRIL 6, 20201 - 68 RWFUTURE STREETCAR TRACKRWSTORAGE4BR/4BA1,520 SQ. FT.4BR/4BA1,520 SQ. FT.1,284 SQ. FT.STOR./MECH674 SQ. FT.4BR/3BA1,325 SQ. FT.STORAGE/MECH.1,274 SQ. FT.POOLEQUIPMENT/STORAGE4BR/3BA1,325 SQ. FT.STUDIO520 SQ. FT.3BR/2BA1,062 SQ. FT.STUDIO520 SQ. FT.STUDIO458 SQ. FT.4BR/3BA1,325 SQ. FT.4BR/3BA1,325 SQ. FT.2BR/2BA938 SQ. FT.3BR/2BA961 SQ. FT.STORAGE2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,142 SQ. FT.Fourth StreetFifth StreetFrench Street Mortimer Street Minter Street+11.25' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE) UP RAMP UP19' (RUN) (5% SLOPE)= 0.95' (RISE) UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+15.9'+16.85' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+16.85 UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+11.25'+15.9' UP RAMP UP 19' (RUN) (5% SLOPE) = 0.95' (RISE)RAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNVANUPUPDNUPUPDNDNUPDNUPRAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNUP UPDN18'-0"9'-0"18'-0"9'-0"OPEN TO BELOWOPEN TO BELOW24'-0"18'-0" 9'-0"18'-0"8'-0" 24'-0"9'-0"9'-0"18'-0"RWSTOR./MECH.STUDIO529 SQ. FT.DNUP EVSEEVSEEVSEEVSEEVSEEVSE EVSEEVSE EVSEEVSEEVSEEVSEBA Level 2BB Level 2Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.1BUILDING PLANLEVEL 20204010APRIL 6, 20201 - 69 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFourth StreetFifth StreetFrench Street Mortimer Street Minter StreetRWAMENITY2,699 SQ. FT.RWSTORAGE4BR/4BA1,520 SQ. FT.4BR/4BA1,520 SQ. FT.4BR/3BA1,325 SQ. FT.4BR/3BA1,325 SQ. FT.STUDIO520 SQ. FT.STUDIO520 SQ. FT.STUDIO458 SQ. FT.STUDIO458 SQ. FT.4BR/3BA1,325 SQ. FT.2BR/2BA938 SQ. FT.4BR/3BA1,325 SQ. FT.3BR/2BA961 SQ. FT.2BR/2BA1,185 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.STORAGE1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA941 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,142 SQ. FT.4BR/3BA1,325 SQ. FT.UNIT ABOVEAT LEVEL 5UNIT ABOVEAT LEVEL 521.5' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE) UP RAMP UP19' (RUN) (5% SLOPE)= 0.95' (RISE) UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+26.15'+27.1' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+27.1' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+21.5'+26.15' UP RAMP UP 19' (RUN) (5% SLOPE) = 0.95' (RISE)RAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNUPUPDNUPUPDNDNUPDNUPRAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNUP UPDN18'-0"9'-0"18'-0"9'-0"24'-0"18'-0" 9'-0"18'-0"8'-0" 24'-0"9'-0"9'-0"18'-0"STUDIO529 SQ. FT.DNUP EVSEEVSEEVSEEVSEEVSEEVSE EVSEEVSE EVSEEVSEEVSEEVSE2BR/2BA1,142 SQ. FT.2BR/2BA1,087 SQ. FT.POOL COURTYARD(SEE LANDSCAPEDRAWINGS)BA Level 3BB Level 394'-2"99'-6"73'-1"241'-6"243'-4" 243'-4"239'-2"185'-7"238'-10"236'-6"241'-5"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.2BUILDING PLANLEVEL 30204010APRIL 6, 20201 - 70 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFourth StreetFifth StreetFrench Street Mortimer Street Minter StreetRWAMENITY2,699 SQ. FT.STORAGE4BR/4BA1,520 SQ. FT.4BR/4BA1,520 SQ. FT.4BR/3BA1,325 SQ. FT.4BR/3BA1,325 SQ. FT.STUDIO520 SQ. FT.STUDIO520 SQ. FT.STUDIO458 SQ. FT.STUDIO458 SQ. FT.4BR/3BA1,325 SQ. FT.2BR/2BA938 SQ. FT.4BR/3BA1,325 SQ. FT.3BR/2BA961 SQ. FT.2BR/2BA1,185 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.STUDIO529 SQ. FT.STORAGE1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA941 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,142 SQ. FT.4BR/3BA1,325 SQ. FT.UNIT ABOVEAT LEVEL 5UNIT ABOVEAT LEVEL 5+31.75' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE) UP RAMP UP19' (RUN) (5% SLOPE)= 0.95' (RISE) UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+36.4'+37.35' UPRAMP UP31.58' (RUN) (5% SLOPE) = 1.58' (RISE)+37.35' UPRAMP UP93' (RUN) (5% SLOPE) = 4.65' (RISE)+31.75'+36.4' UP RAMP UP 19' (RUN) (5% SLOPE) = 0.95' (RISE)RAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNUPUPDNUPUPDNDNUPDNUPRAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNRW1BR/1BA720 SQ. FT.UP UPDN18'-0"9'-0"18'-0"9'-0"24'-0"18'-0" 9'-0"18'-0"8'-0" 24'-0"9'-0"9'-0"18'-0"PARKINGSTALLSBELOWDN UP EVSEEVSEEVSEEVSEEVSEEVSE EVSEEVSE EVSEEVSE2BR/2BA1,142 SQ. FT.2BR/2BA1,087 SQ. FT.BA Level 4BB Level 441'-3"132'-0"188'-6"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.3BUILDING PLANLEVEL 40204010APRIL 6, 20201 - 71 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFourth StreetFifth StreetFrench Street Mortimer Street Minter StreetSTORAGE4BR/4BA1,520 SQ. FT.4BR/4BA1,520 SQ. FT.4BR/3BA1,325 SQ. FT.4BR/3BA1,325 SQ. FT.STUDIO520 SQ. FT.STUDIO520 SQ. FT.STUDIO458 SQ. FT.4BR/3BA1,325 SQ. FT.2BR/2BA938 SQ. FT.4BR/3BA1,325 SQ. FT.3BR/2BA961 SQ. FT.2BR/2BA1,185 SQ. FT.STUDIO529 SQ. FT.STORAGE2BR/2BA1,142 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,104 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA941 SQ. FT.4BR/3BA1,325 SQ. FT.1BR/1BA720 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.RW42'TURN-AROUNDSPOTRAMP DN93' (RUN) (5% SLOPE) = 4.65' (RISE)DNRAMP DN42.75' (RUN) (5% SLOPE) = 2.14' (RISE)DNTURN-AROUNDSPOTDNUPDNUP UPDN18'-0"9'-0"24'-0"18'-0" 9'-0"18'-0"8'-0"RWDN UP EVSEEVSE2BR/2BA1,142 SQ. FT.2BR/2BA1,087 SQ. FT.PARKINGSTALLSBELOWBA Level 5BB Level 5Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.4BUILDING PLANLEVEL 50204010APRIL 6, 20201 - 72 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFourth StreetFifth StreetFrench Street Mortimer Street Minter Street4BR/3BA1,325 SQ. FT.STUDIO458 SQ. FT.2BR/2BA1,185 SQ. FT.STUDIO529 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.2BR/2BA941 SQ. FT.4BR/3BA1,325 SQ. FT.1BR/1BA720 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.RWDN UP2BR/2BA1,142 SQ. FT.2BR/2BA1,087 SQ. FT.BA Level 6117'-10"237'-1"73'-9"37'-8"111'-5"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.5BUILDING PLANLEVEL 60204010APRIL 6, 20201 - 73 Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetFourth StreetFifth StreetFrench Street Mortimer Street Minter Street4BR/3BA1,325 SQ. FT.2BR/2BA1,185 SQ. FT.STUDIO458 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,142 SQ. FT.1BR/1BA739 SQ. FT.1BR/1BA739 SQ. FT.2BR/2BA941 SQ. FT.4BR/3BA1,325 SQ. FT.ROOF DECK745 SQ. FT.1BR/1BA720 SQ. FT.1BR/1BA720 SQ. FT.2BR/2BA1,104 SQ. FT.RWDN UP2BR/2BA1,142 SQ. FT.Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA3.6BUILDING PLANLEVEL 70204010APRIL 6, 20201 - 74 EXHIBIT 7 1 - 75 30'-0"17'-10"32'-0"24'-0"27'-0"Great Room17'-3" x 15'-0"Plan 0-1Studio / 1 Bathroom520 SFW/DBathEntryKitchenW.I.C.Living Room12'-0" x 12'-0"Plan 1-11 Bedroom / 1 Bathroom720 SFBalcony11'-8" x 6'-0"70 SFM. Bedroom11'-1" x 14'-0"W/DBathEntryW.I.C.Living Room12'-0" x 14'-5"Balcony4'-7" x 6'-0"39 SFM. Bedroom11'-0" x 13'-6"W/DBathEntryKitchenW.I.C.Plan 1-21 Bedroom / 1 Bathroom739 SFKitchen/Dining32'-3"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECT0 4 816A5.0UNIT PLANSAPRIL 6, 20201 - 76 32'-0"36'-0"Living Room12'-6" x 11'-0"Balcony12'-2" x 6'-6"79 SFM. Bedroom11'-2" x 14'-1"W/DBath 2EntryKitchenM. BathW.I.C.W.I.C.Bedroom 211'-1" x 14'-0"Plan 2-12 Bedroom / 2 Bathroom1,104 SF34'-6"37'-6"Living Room11'-6" x 12'-6"Balcony11'-6" x 5'-6"63 SFM. Bedroom11'-6" x 12'-0"W/DBath 2EntryKitchenM. BathW.I.C.W.I.C.Bedroom 211'-1" x 11'-1"Plan 2-22 Bedroom / 2 Bathroom1,142 SFDiningArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECT0 4 816A5.1UNIT PLANSAPRIL 6, 20201 - 77 53'-0"25'-0"Bedroom 212'-8" x 10'-0"M Bedroom 116'-7" x 10'-0"W.I.C.Bath 2Bath 1LLBedroom 312'-8" x 10'-0"Bedroom 412'-8" x 10'-0"KitchenGreat Room24'-1" x 11'-2"EntryC.C.DropW/DCLLCLCLBedroom 212'-2" x 10'-0"M Bedroom 116'-2" x 10'-0"W.I.C.Bath 1LCLCLM Bedroom 418'-8" x 11'-3"Bedroom 312'-2" x 10'-0"Bath 2LBath 3LC.C.W/DGreat Room18'-9" x 21'-9"W.I.C.61'-10"30'-6 1/2"LKitchenBath 443'-0"25'-0"M Bedroom 116'-4" x 10'-0"W.I.C.Bath 1LBedroom 212'-3" x 10'-0"Bath 2LCLBedroom 212'-3" x 10'-0"CLC.C.W/DGreat Room24'-1" x 11'-2"EntryPlan 3-2A3 Bedroom / 2 Bathroom961 SFPlan 4-3A4 Bedroom / 3 Bathroom1,325 SFPlan 4-44 Bedroom / 4 Bathroom1,520 SFArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECT0 4 816A5.2UNIT PLANSAPRIL 6, 20201 - 78 EXHIBIT 8 1 - 79 Level 1 - Retail19'-2"9'-1"±82'-7"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialLevel 6 - ResidentialRoofLevel 7 - Residential9'-1"9'-1"9'-1"9'-1"Level 1 - Residential10'-1"9'-1" ±56'-5"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1"Fourth StreetFifth StreetFrench Street Mortimer Street Minter Street R W R W UP UP UPUP DN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPLevel 119'-2"9'-1"±78'-10"Level 3Level 4Level 5Level 6RoofLevel 79'-1"9'-1"9'-1"9'-1" Mortimer StreetArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA2.0BUILDING ELEVATIONSBUILDING A808 16 24Keymap - n.t.s.1. Building 'A' - East Elevation2. Building 'A' - South ElevationFifth StreetFourth StreetFrench Street Minter StreetMaterial Legend1. Stucco2. Brick Veneer3. Decorative Panels4. Foam Trim & Corbels5. Glass Railing6. Metal Railing7. Storefront Glazing8. Metal Trellis9. Metal Awning10. Precast Wainscot11. Artwork/Mural TBD12. Decorative Juliet Balconies13. Painted Concrete14. Woven Mesh Screen15. Landscape Buffer (See Landscape Drawings)16. Flat Concrete Tile Roof17. Gateway Architectural Feature465977221131711961744111217101113128101231261APRIL 6, 2020AUGUST 24, 20201 - 80 Level 119'-2"9'-1" ±85'-0"Level 3Level 4Level 5Level 6RoofLevel 79'-1"9'-1"9'-1"9'-1"Fourth StreetFifth StreetFrench Street Mortimer Street Minter Street R W R W UP UP UP UP DN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPLevel 1 - Residential10'-1"9'-1"±58'-4"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1" French Street Mortimer StreetArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA2.1BUILDING ELEVATIONSBUILDING A08 16 24Keymap - n.t.s.3. Building 'A' - West Elevation4. Building 'A' - North ElevationFifth StreetFourth StreetMinter Street 21241132134196107Material Legend1. Stucco2. Brick Veneer3. Decorative Panels4. Foam Trim & Corbels5. Glass Railing6. Metal Railing7. Storefront Glazing8. Metal Trellis9. Metal Awning10. Precast Wainscot11. Artwork/Mural TBD12. Decorative Juliet Balconies13. Painted Concrete14. Woven Mesh Screen15. Landscape Buffer (See Landscape Drawings)16. Flat Concrete Tile Roof17. Gateway Architectural Feature1415111415231185APRIL 6, 20201 - 81 Level 1 - Residential10'-1"9'-1"±72'-11"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1"Fourth StreetFifth StreetFrench Street Mortimer Street Minter Street R W R W UP UP UP UP DN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPLevel 1 - Residential10'-1"9'-1" ±72'-11"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA2.2BUILDING ELEVATIONSBUILDING B08 16 24Keymap - n.t.s.5. Building 'B' - East Elevation6. Building 'B' - South ElevationFifth StreetFourth StreetFrench Street Mortimer Street Minter Street1161168114131Material Legend1. Stucco2. Brick Veneer3. Decorative Panels4. Foam Trim & Corbels5. Glass Railing6. Metal Railing7. Storefront Glazing8. Metal Trellis9. Metal Awning10. Precast Wainscot11. Artwork/Mural TBD12. Decorative Juliet Balconies13. Painted Concrete14. Woven Mesh Screen15. Landscape Buffer (See Landscape Drawings)16. Flat Concrete Tile Roof17. Gateway Architectural Feature126311164151APRIL 6, 20201 - 82 Level 1 - Residential10'-1"9'-1" ±65'-2"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1"Fourth StreetFifth StreetFrench Street Mortimer Street Minter Street R W R W UP UP UPUP DN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPLevel 1 - Residential10'-1"9'-1" ±64'-1"Level 3 - ResidentialLevel 4 - ResidentialLevel 5 - ResidentialRoof9'-1"9'-1"Level 2 - Residential9'-1"Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA2.3BUILDING ELEVATIONSBUILDING B08 16 24Keymap - n.t.s.7. Building 'B' - West Elevation8. Building 'B' - North ElevationFifth StreetFourth StreetFrench Street Mortimer Street Minter Street 1161611466Material Legend1. Stucco2. Brick Veneer3. Decorative Panels4. Foam Trim & Corbels5. Glass Railing6. Metal Railing7. Storefront Glazing8. Metal Trellis9. Metal Awning10. Precast Wainscot11. Artwork/Mural TBD12. Decorative Juliet Balconies13. Painted Concrete14. Woven Mesh Screen15. Landscape Buffer (See Landscape Drawings)16. Flat Concrete Tile Roof17. Gateway Architectural Feature14131541116161261APRIL 6, 20201 - 83 EXHIBIT 9 1 - 84 RWR W UPUP UPUPDN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTNTSA6.0CONCEPTUAL PERSPECTIVESView 1 - Building A Corner PerspectiveKey Map n.t.s.Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetAPRIL 6, 20201 - 85 RWR W UPUP UPUPDN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTNTSA6.1CONCEPTUAL PERSPECTIVESView 2 - Building A Along Fourth StreetKey Map n.t.s.Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetAPRIL 6, 20201 - 86 RWR W UPUP UPUPDN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTNTSA6.2CONCEPTUAL PERSPECTIVESView 3 - Building B Along Fourth StreetKey Map n.t.s.Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetAPRIL 6, 20201 - 87 RWR W UPUP UPUPDN UP DN UP UP UP DN 18'-0"9'-0 " 18'-0"9'-0" 24'-0" 24'-0" UPArchitecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTNTSA6.3CONCEPTUAL PERSPECTIVESView 4 - Building A & B Along Fourth Street and Mortimer IntersectionKey Map n.t.s.Fourth StreetFifth StreetFrench Street Mortimer Street Minter StreetView 5 - Building A at Fifth Street and Mortimer Street IntersectionAPRIL 6, 20201 - 88 EXHIBIT 10 1 - 89 Architecture + Planning888.456.5849ktgy.comSANTA ANA, CA # 2017-09344TH & MORTIMERREVIEW PACKAGEMARCH 30, 2020DEVELOPMENT PROJECTA7.0COLOR AND MATERIAL BOARD8NTSKey Elevation - Building 'A' South ElevationMaterial Legend1. Stucco2. Brick Veneer3. Decorative Panels4. Foam Trim & Corbels5. Glass Railing6. Metal Railing7. Storefront Glazing8. Metal Trellis9. Metal Awning10. Precast Wainscot11. Artwork/Mural TBD12. Decorative Juliet Balconies13. Painted Concrete (Not shown. See A2.1)14. Woven Mesh Screen (Not shown. See A2.1)15. Landscape Buffer (SeeLandscape Drawings) (Not shown. See A2.1)16. Flat Concrete Tile Roof (Not shown. See A2.2)17. Gateway Architectural Feature23StuccoBrick VeneerGlass RailingMetal RailingStorefront GlazingMetal AwningPrecast WainscotWoven MeshScreenNote: All materials and colors subject to change.Flat Concrete TileRoof11514126791017215679101416BLDG ABLDG BAPRIL 6, 20201 - 90 EXHIBIT 11 1 - 91 1 - 92 1 - 93 1 - 94 1 - 95 L4.1LANDSCAPE PLANCONCEPTUAL IMAGERY AND PLANTING/IRRIGATION NOTESSANTA ANA, CA # 2017-09344TH & MORTIMERSCHEMATIC DESIGNMARCH 25, 2020PLANTING NOTES1.ALL LANDSCAPE PLANTING IMPROVEMENTS SHALLFOLLOW THE CITY OF SANTA ANA AND COUNTY OFORANGE GUIDELINES.2. THE SELECTION OF PLANT MATERIAL IS BASED ONCULTURAL, AESTHETIC, ZONING DESIGN STANDARD,WATER EFFICIENCY, AND MAINTENANCECONSIDERATIONS.3. ALL PLANTING AREAS SHALL BE PREPARED WITHAPPROPRIATE SOIL AMENDMENTS, FERTILIZERS, ANDAPPROPRIATE SUPPLEMENTS BASED UPON A SOILSREPORT FROM A SAMPLE TAKEN FROM THE PROJECTSITE.4. GROUNDCOVERS OR BARK MULCH SHALL FILL INBETWEEN THE SHRUBS TO SHIELD THE SOIL FROM THESUN, EVAPOTRANSPIRATION, AND RUNOFF. ALL SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELPCONSERVE WATER, LOWER THE SOIL TEMPERATURE,AND REDUCE WEED GROWTH.5. TREES AND SHRUBS SHALL BE ALLOWED TO GROW TOTHEIR NATURAL FORMS.6. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOWPLACEMENT OF TREES, SHRUBS, AND GROUNDCOVERS.7. ALL REQUIRED LANDSCAPE PLANTING AREAS SHALL BEMAINTAINED BY OWNER PER THE CITY'SREQUIREMENTS.8. THE LANDSCAPE ARCHITECT SHALL BE AWARE OFUTILITY, SEWER, AND STORM DRAIN EASEMENTS ANDPLACE PLANTINGS ACCORDINGLY.IRRIGATION NOTES1. ALL IRRIGATION IMPROVEMENTS SHALL FOLLOWWATER EFFICIENCY ORDINANCE AB 1881, AND THE CITYOF SANTA ANA AND COUNTY OF ORANGE GUIDELINES.2. AN AUTOMATIC IRRIGATION SYSTEM SHALL BEINSTALLED TO PROVIDE COVERAGE FOR ALL PLANTINGAREAS SHOWN ON THE PLAN. LOW VOLUME EQUIPMENTSHALL PROVIDE SUFFICIENT WATER FOR PLANTGROWTH WITH A MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGHQUALITY AUTOMATIC CONTROL VALVES,CONTROLLERS, AND OTHER NECESSARY IRRIGATIONEQUIPMENT. ALL COMPONENTS SHALL BE OFNON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THEMANUFACTURER'S RECOMMENDED DESIGNPARAMETERS.3. THE IRRIGATION SYSTEM SHALL UTILIZE DRIPIRRIGATION, HIGH EFFICIENCY SPRAY HEADS, AND/ORBUBBLERS. THE SYSTEM CONTROLS SHALL BE SELFADJUSTING VIA ON SITE WEATHER DATA ANDHISTORICAL WEATHER DATA.THE SYSTEM SHALL BEDESIGNED FOR DEDICATED HYDROZONES BASED ONPLANT WATER REQUIREMENTS AND IRRIGATIONEFFICIENCY.4. THE DESIGN OF THE IRRIGATION SYSTEM SHALLINCLUDE A WATER BUDGET, A DEDICATED WATERMETER, A WEATHER BASED CONTROLLER, AND BEDESIGNED BY AN EPA WATERSENSE PARTNER.5. THE IRRIGATION PRODUCTS SELECTED SHALL COMEFROM COMMERCIAL GRADE IRRIGATIONMANUFACTURING COMPANIES WITH OUTSTANDINGTECHNICAL SUPPORT, INCLUDING RAINBIRD ANDHUNTER.6. THE IRRIGATION COMPONENTS TOGETHER SHALLPROVIDE AN IRRIGATION EFFICIENCY RATING EQUAL TOOR GREATER THAN 80%.7. ESTIMATED WATER USAGE CALCULATIONS,SCHEDULES, AND POINT OF CONNECTION WATERPRESSURE CALCULATIONS SHALL BE MADE AVAILABLEAT THE PERMIT SUBMITTAL PHASE. ALL CALCULATIONSAND FACTORS SHALL BE DERIVED FROM CALIFORNIAASSEMBLY BILL 1881.CONCEPTUAL TREE IMAGERYCONCEPTUAL SHRUB AND GROUNDCOVER IMAGERYFRAXINUS VELUTINA 'MODESTO' - CITY STREET TREEMAGNOLIA GRANDIFLORA 'SAMUEL SOMMER' - CITY STREET TREE QUERCUS AGRIFOLIA - CITY STREET TREE1 - 96 EXHIBIT 12 1 - 97 Transit Zoning Code SD-84A and SD-84BProposed Zoning DesignationsGenerated by the City of Santa Ana GISMay 24, 2010Corridor (CDR)Downtown (DT)Government Center (GC)Open Space (OS)Transit Village (TV)Urban Center (UC)Urban Neighborhood (UN-1)Urban Neighborhood (UN-2)Industrial Overlay M-1 (OZ)SD-84 A & SD-84BIndustrial Overlay M-2 (OZ)1 - 98 EXHIBIT 13 1 - 99 HHH WASHINGTON AV WASHINGTON AV WASHINGTON AV CEDAR STFLOWER STFLOWER STCIVIC CENTER DR CIVICCENTERDR CIVIC CENTER DR CIVIC CENTER DR 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH STGARNSEY STMAIN STMAIN STMAIN STMAIN STBROADWAYBROADWAYBROADWAYBROADWAYPARTON STPARTON STSANTA ANA BLVD SANTA ANA BLVD SANTA ANA BLV D SAN TA A N AB L V D ROSS STROSS STROSS STROSS STHALLADAY STHICKORY STFRUIT ST MINNIE STMAPLE STGRAND AVGRAND AVGRAND AVOAK STSTANDARD AVORANGE AVCYPRESS AV6TH STDURANT STSYCAMORE STGRAND AV6TH ST BIRCH STSYCAMORE STSYCAMORE STSYCAMORE STFRENCH STFRENCH STBUSH STBUSH STBUSHSTBUSH STSPURGEONSTFRENCH STMORTIMERSTFLOWERSTFLOWER STLINCOLN AV6TH ST 10TH ST WELLINGTON AV HATHAWAY STSTAFFORD ST BIRCH ST14TH ST VAN NESS AVPE N N W Y 3RD ST 3RD ST 3RD ST 3RD ST 3RD ST 3RD STSPURGEON STSPURGEON ST10TH ST PORTER STHALESWORTH ST LACY ST5TH ST 5TH ST 5TH ST SANTAANA BLV D LIME ST WASHINGTON AV 14TH ST 6TH ST SANTA FE STVANCE STBROWN ST LA C Y S T HATHAWAY STG A R F I E L D S T GARFIELD STMI N T E R S T MARTHALN STAFFORD ST 11TH ST 12TH ST LOGAN ST10TH ST GARFIELD ST15THST LACY ST14TH ST HATHAWAY ST8TH ST 9TH ST MINTER STPOINSETTIA ST10TH ST 2ND ST FRUIT STEASTWOOD AVBREEDEN STPARTON ST14THST 2ND ST 3RD ST P O I N S E T T I A S T P O I N S E T T I A S T SANTA FE STRIVERINE AVFULLER STLA C Y S T 5TH ST CUSTER ST2ND ST S A N T I A G O S T TERMINAL STFAIRMONTST SPURGEON STEASTWOOD AVTERMINAL STBIRCH STSANTIAGO STCorridor (CDR) Downtown (DT) Government Center (GC) Open Space (OS) Transit Village (TV) Urban Center (UC) Urban Neighborhood (UN-1) Urban Neighborhood (UN-2) Industrial Overlay M-1 (OZ) Industrial Overlay M-2 (OZ) SD-84 A SD-84 B 0 500 1,000 1,500 2,000 2,500250 Feet / Transit Zoning Code SD-84A and SD-84B Proposed Zoning Designations 1 - 100 EXHIBIT 14 1 - 101 Exhibit 14 Conformance to Development and Parking Standards Required by the Transit Zoning Code Provided Lined Block Building Type Height (Table DT-1): 1. Minimum - 2 stories 2. Maximum - 10 Stories Lined Block Building Type Height (Table UC-1): 1. Minimum - 2 stories 2. Maximum - 5 Stories Site A: 5 to 7 Stories Site B: 5 Stories Parking Driveway Width (Table DT-5): 2-Way Driveway: 20’0” minimum and 25’0” maximum. Parking Driveway Width (Table UC-4): 2-Way Driveway: 20’0” minimum and 25’0” maximum. 2-Way Driveway: Project’s driveway width varies from 20’0” to 25’0”. Parking (Table DT-6): 1. Standard: 2 stalls per unit minimum and 0.15 stalls per unit guest, and 1/400 square feet of commercial space. o Results in 213 residential and 28 commercial parking spaces required (241 total) Parking (Table UC-5): 1. Standard: 2 stalls per unit minimum and 0.15 stalls per unit guest, and 1/300 square feet of commercial space. o Results in 151 residential parking spaces required The overall parking proposed for the project is 422 spaces, including 394 residential stalls and 28 commercial visitor stalls. This is surplus of 30 parking spaces above the total required of 392 spaces. The proposed residential parking provides a ratio of 2.3 parking spaces per residential unit. Setbacks (Table DT-2): 1. Front Yard – 0’0” min, 0’0” max 2. Street Side – 0’0” min, 10’0” max 3. Side Yard – 0’0” min, no max 4. Rear Yard – 15’0” min, no max 5. Alley Yard – 3’0” min, no max Setbacks (Table UC-2): 1. Front Yard – 0’0” min, 0’0” max 2. Street Side – 0’0” min, 10’0” max 3. Side Yard – 0’0” min, no max 4. Rear Yard – 15’0” min, no max Site A: Complies; 1. Front Yard – 0’0” 2. Side Yards – 3’-7” – 22’-5” (max) Site B: 1. Front Yard – 0’0” 2. Side Yards – 2’-6” – 15’-8” (max) Frontage Type (Table DT-4): 1. Arcade – Min 50% of Frontage 2. Gallery – Min 50% of Frontage 3. Shopfront – Min 75% of Frontage 4. Forecourt – Max 50% of Frontage (remainder of frontage per permitted types) Frontage Type (Table UC-): 1. Shopfront – Min 65% of Frontage 2. Forecourt – Max 50% of Frontage (remainder of frontage per permitted types) 3. Stoop – Max 50% of Frontage Site A: 4th Street: 100% Shopfront, Site B: 4th Street: 50% Forecourt 4th Street: 25% Stoop Building Types Allowed (Table BT-1): Flex Block, Lined Block, Stacked Dwellings, Courtyard Housing, Live-Work, Tuck Under Lined Block Lined Block Width and Depth (Table BT-1): 1. Width – Min 125’0” and Max 300’0” 2. Depth – Minimum 100’0” Site A: 1. Width – 242’0” 2. Depth – 243’0” 1 - 102 Exhibit 14 Required by the Transit Zoning Code Provided Site B: 1. Width – 185’-0” - 236’0” 2. Depth – 241’0” Lined Block Access Standards (Sec. 41-2023): 1. The main entrance to each ground floor shall be directly from the street. 2. Entrance to residential portions of the building shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street of through a side yard. 3. Access to each unit above the second level, not accessed through a podium, shall be through an interior corridor of at least 6’0” with recessed doors or seating alcoves/offsets at least every 100’0”. 4. Each level of the building shall have access to the garage via an elevator. All requirements met and shown in plan sheets. Lined Block Parking Standards (Sec. 41-2023): 1. All parking shall be in an underground or above-ground garage, tuck under parking, or combination thereof. 2. Dwellings shall have indirect access to their parking stall(s). The buildings provide parking via an above-ground garage. All dwellings will have indirect access to parking stalls. Lined Block Open Space Standards (Sec. 41-2023): 1. The common open space shall be designated as a courtyard, or in the front as a forecourt. This area shall be equal to 15% of the lot and shall be open to the sky. 2. Minimum courtyard width of 20’0” when running EW and 15’0” when running NS. 3. 20’0” wide courts only permit architectural projections on two opposing sides. 4. Private open space for each dwelling unit and no less than 50 SF and not less than 6’0” in each direction. 5. Private open space can be substituted for common open space or common interior space at an equivalent square footage. The minimum dimension of this space shall be 15’0” in each direction. Site A & Site B: 1. Required (Common + Private): 26,190 SF 2. Provided (Common + Private): 39,838 SF All requirements met and shown in plan sheets. Lined Block Landscape Standards (Sec. 41-2023): 1. If a front yard is present, one 24” box tree per 25’0” lineal feet shall be provided. 2. Six (6) 5-gallon shrubs and ten (10) 1-gallon size shrubs or ground cover per required tree. 3. Courtyards located above garages shall avoid the sensation of forced podium hardscape. 4. Trees in the front yard may not exceed 12-15’ in height at maturity and must be suitable for built in concrete planters or containers with a 36-inch width. 5. One 36” box tree is required per courtyard that meets the minimum dimensions. For courtyards that exceed minimum dimensions, two or more 24-inch box small size trees may be substituted. 6. If a rear yard is present, at least one (1) 36” box tree per 30’0” lineal feet shall be planted. 7. If a side yard is present, at least one (1) 24” box tree per 30’0” lineal feet shall be provided. 1. Complies 2. Complies 3. Complies 4. Complies 5. Complies 6. Complies 7. Complies 1 - 103 Exhibit 14 Required by the Transit Zoning Code Provided Lined Block Frontage Standards (Sec. 41-2023): Entry door oriented to street/courtyard when fronting to one. Service rooms-oriented backing to corridors. All requirements met and shown in plan sheets. Building Size and Massing Standards (Sec. 41-2023): 1-4 (Standards Noted and Met) 5. Max Height Ratios: a. Ground Floor – 100% b. Level 2 – 100% c. Level 3-5 – 85% d. Level 6 – 85% Building Height Ratios: Site A: 1. Ground Floor – 100% 2. Level 2 – 49% 3. Level 3 – 81% 4. Level 4 – 81% 5. Level 5 – 81% 6. Level 6 – 63% 7. Level 7 – 60% Site B: – Approval of a Variance Required for an increase in allowable building size and massing 1. Ground Floor – 100% 2. Level 2 – 100% 3. Level 3-5 – 100% 1 - 104 EXHIBIT 15 1 - 105 SPR No. 2020-02 & AA No. 2020-04, “4th and Mortimer Mixed-Use Development” 409 and 509 East Fourth Street The 2020 EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-monthly-development- project-reports/4th-and Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Exhibit 15 – 2020 EIR Addendum and Technical Appendices 1 - 106 EXHIBIT 16 1 - 107 SPR No. 2020-02 & AA No. 2020-04, “4th and Mortimer Mixed-Use Development” 409 and 509 East Fourth Street The 2010 Transit Zoning Code EIR and Technical Appendices are available online at: https://www.santa-ana.org/transit-zoning-code-environmental-impact-report Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Exhibit 16 – 2010 Transit Zoning Code EIR 1 - 108 EXHIBIT 17 1 - 109 June 3, 2020 Via Electronic Mail Richard M. Gollis, Principal THE CONCORD GROUP 369 San Miguel Drive, Suite 265 Newport Beach, CA 92660 DEVELOPMENT FISCAL IMPACT ANALYSIS 4TH + MORTIMER MIXED-USE PROJECT, DOWNTOWN SANTA ANA Dear Mr. Gollis: RSG, Inc. (“RSG”) was retained by The Concord Group (“TCG”) to perform a fiscal and economic impact analysis for the development of a proposed mixed-use apartment and retail project (“Project”) in downtown Santa Ana, California. TCG obtained this analysis on behalf of the property owner/developer, Red Oak Investments (“Developer”), which recently submitted an application for redevelopment of the subject property with the City of Santa Ana’s (“City”) Planning and Building Services Department. The Project site sits along 4th street covering two blocks divided by Mortimer Street for a total Project area of 2.72 acres. If approved, the Project would consist of one mixed-used building and one residential building, each on their own block. Currently, Northgate Market sits within the proposed development site, and an automotive repair shop sits adjacent to it. This letter describes our analysis, methodology, and anticipated recurring fiscal impacts resulting from development of the Project. As is typical at this stage, our conclusions could evolve as the application moves forward through the design and environmental review process. As is consistent with other Downtown Santa Ana projects analyzed by RSG, the construction period was assumed to be over three years. Part of the work would begin in 2021 (36 percent), with a majority taking place in 2022 (51 percent), leading to the remainder in 2023 (13 percent). The Project would open in the third construction year. Fiscal impacts from that year are reduced to reflect a partial year. RSG anticipates the following fiscal outcomes over a 25-year forecast period: • $2.9 million (net present value, discounted at 4 percent) in net new property tax revenues to the City General Fund. • A combined $2 million in sales taxes that includes $1 million from the City’s base rate, and $987,230 from the City’s Measure X additional tax rate inclusive of the sunset date (net present value, discounted at 4 percent). • A total of $7.8 million (net present value, discounted at 4 percent) in additional City General Fund revenue, including construction period revenues, recurring site-specific tax, and other Project impacts. • Over the same 25-year period, the City General Fund expenditures associated with the Project total $2.4 million (net present value, discounted at 4 percent) 1 - 110 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 2 As a result, the net new General Fund revenue (revenues less expenditures) is projected to be approximately $5.4 million (net present value, discounted at 4 percent) if the Project were developed as proposed. Table 1 summarizes the 25-year fiscal impact of the Project. Table 2 provides the corresponding forecast of the same impacts on the following page. Table 1 Revenue Category Nominal NPV 4.0% Property Tax $ 5,373,270 $ 2,993,993 Property Tax In-Lieu 3,739,484 2,086,226 Sales Tax 1,913,260 1,019,241 Measure X (2018) Sales Tax Increase 1,522,027 987,230 Utility User Tax 938,109 499,754 Business Tax 313,235 166,868 Total Revenues $ 13,799,385 $ 7,753,312 Less City Expenditures $ (4,495,985) $(2,390,794) NET NEW REVENUE TOTAL $ 9,303,400 $ 5,362,518 25-Year Recurring NET NEW RECURRING GENERAL FUND FISCAL IMPACTS 4th and Mortimer Sources: City of Santa Ana, County of Orange, California State Board of Equalization, ESRI Business Analyst Online, and RSG, Inc. 1 - 111 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 3 Net New Property Tax Property Tax In-Lieu Sales Tax Measure X (2018) Additional Sales Tax Utility User Tax Business Tax Gross Revenue City Expenditures Net New Total CY1 2021 46,380$ 37,711$ -$ -$ -$ -$ 84,091$ -$ 84,091$ CY2 2022 132,074 92,738 - - - - 224,812 - 224,812 CY3 2023 154,282 107,186 49,627 74,440 24,333 8,125 417,992 (104,784) 313,208 1 2024 157,368 109,329 51,115 76,673 25,063 8,369 427,917 (120,441) 307,476 2 2025 160,515 111,516 52,649 78,973 25,815 8,620 438,088 (124,055) 314,033 3 2026 163,725 113,746 54,228 81,343 26,589 8,878 448,510 (127,776) 320,734 4 2027 167,000 116,021 55,855 83,783 27,387 9,145 459,191 (131,609) 327,581 5 2028 170,340 118,342 57,531 86,296 28,209 9,419 470,136 (135,558) 334,578 6 2029 173,747 120,708 59,257 88,885 29,055 9,701 481,353 (139,624) 341,729 7 2030 177,222 123,123 61,035 83,011 29,926 9,992 484,309 (143,813) 340,496 8 2031 180,766 125,585 62,866 85,502 30,824 10,292 495,835 (148,128) 347,707 9 2032 184,381 128,097 64,752 88,067 31,749 10,601 507,646 (152,571) 355,075 10 2033 188,069 130,659 66,694 90,709 32,701 10,919 519,751 (157,149) 362,602 11 2034 191,830 133,272 68,695 93,430 33,682 11,247 532,156 (161,863) 370,293 12 2035 195,667 135,937 70,756 96,233 34,693 11,584 544,870 (166,719) 378,151 13 2036 199,580 138,656 72,878 99,120 35,734 11,932 557,900 (171,720) 386,179 14 2037 203,572 141,429 75,065 102,094 36,806 12,289 571,255 (176,872) 394,382 15 2038 207,643 144,258 77,317 105,156 37,910 12,658 584,942 (182,178) 402,764 16 2039 211,796 147,143 79,636 108,311 39,047 13,038 598,971 (187,644) 411,328 17 2040 216,032 150,086 82,025 - 40,219 13,429 501,791 (193,273) 308,518 18 2041 220,353 153,087 84,486 - 41,425 13,832 513,183 (199,071) 314,112 19 2042 224,760 156,149 87,021 - 42,668 14,247 524,844 (205,043) 319,801 20 2043 229,255 159,272 89,631 - 43,948 14,674 536,781 (211,195) 325,586 21 2044 233,840 162,458 92,320 - 45,266 15,114 548,999 (217,530) 331,468 22 2045 238,517 165,707 95,090 - 46,624 15,568 561,506 (224,056) 337,450 23 2046 243,287 169,021 97,943 - 48,023 16,035 574,309 (230,778) 343,531 24 2047 248,153 172,401 100,881 - 49,464 16,516 587,415 (237,701) 349,714 25 2048 253,116 175,849 103,907 - 50,948 17,011 600,832 (244,832) 356,000 TOTAL 5,373,270$ 3,739,484$ 1,913,260$ 1,522,027$ 938,109$ 313,235$ 13,799,385$ (4,495,985)$ 9,303,400$ NPV 4.00%2,993,993$ 2,086,226$ 1,019,241$ 987,230$ 499,754$ 166,868$ 7,753,312$ (2,390,794)$ 5,362,518$ Inflation Rate 2.0% 2.0% 3.0% 3.0% 3.0% 3.0% 3.0%3.0% Year 25-YEAR NET NEW RECURRING FISCAL IMPACT PROJECTIONS 4th and Mortimer Table 2 1 - 112 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 4 PROJECT DESCRIPTION The Project site is located on the 400 and 500 blocks of East 4th Street (also known as Calle Quatro), between French and Minter Streets, in the East End District of Downtown Santa Ana. Downtown Santa Ana is a vibrant, historic destination for locals and visitors to the City, known as a center of commerce and culture for the Latinx community, arts and entertainment, and historic buildings repurposed for contemporary use. Two business improvement districts overlay “DTSA,” Downtown Inc and the Santa Ana Business Council. Within them are the renowned Yost Theater, Frida Cinema, 4th Street Market, and part of the project site. Across 4th Street from the Project site is The Spectrum Condominiums, a four-story residential complex over ground floor parking (five-stories). Figure 1 shows the location of the Project Site Figure 1: Project Site 4th Street Mortimer Street Northgate Market Ming’s Auto Spectrum Condominiums 5th Street French Street Minter Street 1 - 113 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 5 Source: Google Maps The Project site consists of 10 parcels on the two blocks, separated by Mortimer Street. Excluded from the Project site is a 2,887 square foot parcel currently used as an automotive repair shop (Ming’s Auto). As shown in Figure 2, the 252,368 square foot (gross building area) Project would result in the demolition of the existing improvements and construction featuring 169 market rate multifamily units, 11,361 square feet of ground floor commercial space, and two parking structures. On the western 400 block, currently a single parcel occupied by the Northgate Gonzalez Market, the Developer is proposing a seven-story mixed-use building. The seven-story building will include 99 multifamily units, 7,514 square-feet of retail space, 3,847 square-feet of restaurant space, 8,007 square-feet of amenities, leasing, and deck space, and 17,989 square-feet of open space. On the eastern 500 block of 4th Street, the remaining nine parcels would include a five-story residential building and parking structure, with 70 multifamily units and 8,623 square-feet of open space. Figure 2: Site Plan Source: KTGY Group Inc., Red Oak Investments There are currently 169 residential units planned for construction, the breakdown of which includes 21 studio (12 percent of all units), 38 one-bedroom (22 percent), 66 two-bedroom (39 percent), 9 three-bedroom (5 percent), and 35 four-bedroom (21 percent) units. Based on occupancy rates from prior projects, RSG estimates 153 units will be occupied at any given time. Figure 3 presents a rendering of the project as currently proposed: 1 - 114 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 6 Figure 3 Figure 4 exhibits the unit mix. Figure 4 Source: KTGY Group Inc., Red Oak Investments Studio 21 1 BR 38 2 BR 66 3 BR 9 4 BR 35 4th + Mortimer Unit Breakdown Studio 1 BR 2 BR 3 BR 4 BR 1 - 115 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 7 RECURRING FISCAL IMPACTS Property Tax Revenue All property taxes in the state of California are levied at a rate of 1 percent. The City’s share of the 1 percent property tax levy is 19.4%, as provided by the County of Orange (“County”) Auditor- Controller. The Developer provided RSG with the Project costs that consisted of $5 million for land, and $77 million for hard and soft costs. This $82 million adjusted for inflation over the construction period, would amount to an assessed valuation of $86.4 million at buildout. To accurately portray the effect of the Project to the City, property tax revenues presented in this report are net of any existing revenues. The existing site is currently valued at $6.3 million. When adjusted for inflation over the construction period the value is $6.9 million, providing the City an estimated $13,375 in year 2023 absent the construction of the Project. The new development would provide $167,657 to the City in that same year. Therefore, the net new property tax revenues to the City would be $154,282 at buildout. Table 3 To project future property taxes, RSG assumed 2 percent inflation on property tax revenues over the 25-year projection period, resulting in $2.9 million (net present value, discounted at 4 percent) in net new property tax revenues for the City General Fund. Property Tax in-lieu of Motor Vehicle License Fee Revenue Established in 1935, the Motor Vehicle License Fee (“MVLF”) was essentially a tax on vehicle ownership. It is collected by the State annually when vehicles are registered and was historically allocated to cities and counties based upon a statutory formula. In 2004, during the State’s budget crisis, about 90 percent of each city’s MVLF revenue was replaced with property tax revenue, and cities in particular began to receive an allocation of property tax from the Educational Revenue Augmentation Fund (“ERAF”) in an amount equal to what they would have received in MVLF under an older MVLF allocation formula. Under current law, the property tax in-lieu of MVLF NET NEW PROPERTY TAX REVENUE 4th and Mortimer At Buildout Existing Assessed Value 6,894,078$ Proposed Project Assessed Valuation1 86,420,908 Net New Value 79,526,830$ City Property Tax Rate 19.4% Annual Estimate Existing Property Tax Revenues 13,375$ New Property Tax Revenues 167,657$ Net New Property Tax Revenues 154,282$ Source: County of Orange Auditor Controller, RSG, Inc. 1 Inflated pursuant to the construction schedule 1 - 116 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 8 revenue increases based on assessed value growth in a jurisdiction, so estimated revenues are based on changes in assessed value created by the Project. Based on the City’s 2019-20 secured property tax roll, the total assessed value of all Property in the City is $26.3 billion. When adjusting for inflation during the construction period, the Project’s net new assessed valuation ($79.5 million) increases the City’s assessed value by 0.33 percent. The MVLF increase from the Project is calculated from the percent increase in assessed value. This gives us $107,186 in estimated In-Lieu MVLF revenues at build-out (see Table 4). As depicted above, the City is expected to receive $2 million (net present value, discounted at 4 percent) in In-Lieu MVLF revenues through 2047. Table 4 Utility User Tax The City assesses a utility user tax of 5.5 percent on electricity, gas, water, and telephone revenues generated within Santa Ana. Utility costs were estimated by RSG based on a review of similar projects and utility costs in Orange County. Residential utility expenditures were assumed to be: $104 per month for phone, $57 for electricity, $23 for gas, and $30 for water. This amounts to $2,890 annually in 2020 dollars. From the Developer’s estimates of 3,847 square feet of restaurant and 7,514 square feet of retail, RSG was able to use US Energy Information Administration (“EIA”) estimates to extrapolate commercial utility expenses. Retail establishments average around $1.50 per square foot in energy expenses, while restaurants average $4.44 per square foot. Based on these assumptions, RSG estimates that utility user tax revenues generated by the Project, reduced to account for a partial year, will be an estimated $24,333 at buildout. This adds up to $499,754 (net present value, discounted at 4 percent) over the 25-year projection period (see Table 2). 4th and Mortimer 2019-20 City Assessed Value 26,369,891,977$ Project Assessed Value 1 86,420,908 City Assessed Value with Project 26,456,312,885 Increase in Assessed Value 0.33% Santa Ana 2019-20 VLF 32,705,877 Santa Ana VLF with Project 32,813,063 Annual Estimate Property Tax In-lieu Revenue 107,186$ 1 Inflated pursuant to the construction schedule PROPERTY TAX IN-LIEU OF MOTOR VEHICLE LICENSE FEES Source: County of Orange Auditor Controller, RSG, Inc. 1 - 117 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 9 Table 5 showcases the Utility User Tax at buildout below. Table 5 Sales Taxes The Project is expected to increase sales taxes through both the new businesses and new residents. The methodology and assumptions for both differ but are necessary for accuracy. Resident-Derived Sales Tax To determine the resident share, RSG obtained average annual household expenditures for households within a 1-mile radius of the Project from ESRI Business Analyst. By adjusting the household expenditures based on taxable and non-taxable sales, RSG estimates that each household would spend an average of $17,836 at buildout. Based on experience with previous projects in the City, an estimated 65 percent of those expenditures would be subject to Santa Ana’s sales tax. The State and County sales tax receive 6 percent and 0.75 percent of taxable sales, respectively. In addition, the City levies its own sales tax at a rate of 1 percent. In 2018, Santa Ana voters approved an additional sales tax of 1.5 percent that would then decrease to 1 percent in 2029 until expiring in 2039. RSG took this increase into consideration when analyzing the affects the new residents would have on the City’s General Fund. Using ESRI’s Business Analyst Online software, RSG was able to estimate the amount of taxable expenditures the average new household would make in the City. RSG then estimated the vacancy rate from Census data, 2.7 percent, to come up with 165 total occupied households. Multiplying the households and the expenditures together produced an estimate of total taxable sales of $1.9 million. From there, the taxable sales were multiplied by both the City’s base tax rate and the Measure X additional rates (1 percent and 1.5 percent). Therefore, the residential derived sales tax revenue from the base tax rate is an estimated $17,697 at buildout. The 4th and Mortimer Energy Expenditures per Household 2,890$ Occupied Households 153 Total Residential Energy Expenses 441,083$ Total Commercial Energy Expenses1 67,443$ City Tax Rate 5.5% Full-Year Buildout Revenues 27,969$ Partial-Year Buildout Revenues 24,333$ 1EIA estimates of $1.40 per SF for Retail and $4.44 for restaurant Sources: US Energy Information Administration, RSG, Inc., ESRI BAO UTILITY USER TAX REVENUE 1 - 118 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 10 additional tax from Measure X would yield $26,545 at buildout and decrease to $21,131 in 2029 (adjusted for 3% inflation) before ceasing in 2039. Table 6 Business-Derived Sales Tax The Project includes 7,514 square feet of retail space and 3,847 square feet of restaurant space. These new businesses will generate sales taxes separate from the new residents. Since the Developer does not yet know the exact tenants that will fill the space, RSG estimated an average of $300 of sales per square foot for the retail, and $350 per square foot for the restaurant. As a result, the retail and restaurant businesses will generate taxable sales of $2.4 million and $1.4 million at buildout, respectively. RSG estimates the base sales tax revenues at buildout to be $39,345. Table 7 below presents this information. In addition, Measure X will generate $59,018 for that year as well. However, in 2029 Measure X revenues will decrease to $36,007 before being eliminated altogether in 2039. Households and Sales at Buildout Average Household Taxable Expenditures 17,836$ Occupied Households 153 Percent within Santa Ana 65% Total Taxable Sales 1,769,689$ City Share of Sales Tax 1% Measure X (2018) Additional Sales Tax1 1.5% Resident-Derived Sales Tax Revenues Annual Estimate (Base Rate)17,697$ (2018 Addition)26,545$ (2029 Decrease to 1%)21,131$ 1Measure X additional sales tax decreases from 1.5% to 1% in 2029. Source: ESRI BAO, City of Santa Ana RESIDENT-DERIVED SALES TAX REVENUE 4th and Mortimer 1 - 119 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 11 Table 7 For the City base rate, combined resident and business sales taxes at buildout would be an estimated $50,828. Measure X combined taxes would be $76,242. Both are adjusted for inflation during the construction period and for the partial year at opening. This provides for a 25-year total of $1.02 million from the base rate and $987,230 from Measure X. Business Tax The City assesses a business tax on retail, restaurant, and residential property management companies. Table 8 below showcases the new revenues from the Project. Retail and restaurant business taxes are assessed based on annual sales while management company business taxes are assessed based on unit count. The combined business tax revenues are an estimated $8,125 at buildout, or $166,868 over 25 years (net present value, discounted at 4 percent). Table 8 4th and Mortimer Sales at Buildout General Retail 2,463,225$ Restaurant 1,471,302 3,934,527$ City Share of Sales Tax 1% Measure X (2018) Additional Sales Tax1 1.5% Business-Derived Sales Tax Revenues Annual Estimate (Base Rate)39,345$ (2018 Addition)59,018$ (2029 Decrease to 1%)36,007$ Source: California State Board of Equalization, RSG, Inc. 1Measure X additional sales tax decreases from 1.5% to 1% in 2029 BUSINESS-DERIVED SALES TAX REVENUE 4th and Mortimer Multifamily Residential Tax 6,573$ Retail Tax 1,621 Restaurant Tax 1,145 Full-Year Business Taxes at Buildout 9,339$ Partial-Year Business Taxes at Buildout 8,125$ Sources: City of Santa Ana, RSG, Inc BUSINESS TAX REVENUES 1 - 120 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 12 CITY EXPENDITURES RSG estimated the additional population that will move into the Project to estimate the total added expenditures to the City General Fund for servicing the new residents. Consistent with other recent analyses prepared by RSG on projects in Santa Ana, RSG assumed that each studio would house 1.25 residents, each one-bedroom unit would house 1.75 residents, each two-bedroom unit would house 3.25 residents, each three-bedroom unit would house 4 residents, and each four-bedroom unit would house 5.25. Overall, this works out to an average household size of 3.12 residents per unit, which RSG considers reasonable. RSG estimates at full occupancy the Project could hold 527 residents. Taking into account that a small percentage of the units will normally be vacant due to turnover, we estimate the fiscal impacts based on residents’ time spent in the City. This is done by calculating the full-time equivalent (FTE) residents, defined as those who spend a vast majority of their daily consumption in Santa Ana. The assumption being that new residents who work out of the City, do not consume products in the City during the time they are gone. RSG gathered data from the US Census and ESRI Business Analyst Online to estimate the FTE residents of the Project. Approximately 13 percent of Santa Ana residents work within Santa Ana, which, in effect means that the City is servicing these resident-employees 100 percent of the time. Another 37 percent of Santa Ana residents work outside the city. Assuming the residents that work outside of the city are outside City limits from 9 am to 5 pm, Santa Ana is servicing these residents approximately 73 percent of the time. The city’s remaining residential population (about 51 percent), is serviced by the City 100 percent of the time. Accounting for all residents and employees based on the percent of time spent in the city, the Project will generate a daily (24/7) population of 476 persons. RSG identified variable costs, as opposed to fixed costs, by department in the City of Santa Ana FY 2019-20 Adopted Budget. Variable costs are City expenditures that increase or decrease based on the resident and employee population. The City Manager and City Attorney offices, for example, are fixed costs that will not vary based on population, but the Police and Fire departments will vary based on population. With that said, RSG estimates expenditure increases of $120,441 during the first full year of operations. Over a 25-year projection period, the Project will add $2.4 million in City expenditures (net present value, discounted at 4 percent). 1 - 121 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 13 Table 9 EMPLOYMENT Development and ongoing operation of the Project will generate employment opportunities, add labor income to the market area, and add value to the gross regional product. For this analysis, RSG used the IMPLAN model to measure the economic impacts of the Project using County-wide data. IMPLAN is an input-output analysis software tool that tracks the interdependence among various producing and consuming sectors of the economy. According to MIG, Inc., the creators of IMPLAN, the software measures the relationship between a given set of demands for final goods and services and the inputs required to satisfy those demands. IMPLAN publishes countywide data on an annual basis; this analysis utilized the most recent available County of Orange dataset (2018) to calculate direct, indirect, and induced impacts. The IMPLAN inputs are investment (development costs) and gross business operating income of the Project and the resulting outputs are economic impacts, including employment generation, labor income, and gross regional product. Jobs are the primary impacts calculated by IMPLAN. RSG analyzed both temporary and permanent economic impacts. For temporary construction impacts the Developer’s Project costs exclusive of land costs were used ($77 million). From there construction costs were divided based on square footage, between multi-family (95 percent) and City Department Current City Expenditures2 Project-derived City Expenditures Total City Expenditures3 Percent Increase City Manager's Office 2,708,440$ -$ 2,708,440$ 0.00% Non-Departmental & Interfund Transfers 61,098,660 - 61,098,660 0.00% Clerk of the Council Office 1,682,560 17 1,682,577 0.00% City Attorney's Office 3,219,780 - 3,219,780 0.00% Personnel Services 2,490,360 50 2,490,410 0.00% Finance & Management Services 9,671,190 228 9,671,418 0.00% Bowers Museum Corporation 1,473,430 - 1,473,430 0.00% Parks, Recreation and Community Services 26,836,790 1,551 26,838,341 0.01% Police Department 131,568,820 75,973 131,644,793 0.06% Fire Services 45,640,920 32,376 45,673,296 0.07% Planning & Building Agency 13,227,380 24 13,227,404 0.00% Public Works Agency 13,155,830 - 13,155,830 0.00% Community Development Agency 3,353,520 - 3,353,520 0.00% Base Estimate in 2020-21 316,127,681$ 110,221$ 316,237,901$ 0.03% Total in 2023-24 120,441$ 3 Sum of current City expenditures and project-derived City expenditures. Assuming project opened in 2020-21. 2 Current expenditures are based on adopted expenditures in the City of Santa Ana's FY 2019-20 Budget. Sources: City of Santa Ana, RSG, Inc., US Census Bureau 1 For this analysis, RSG identified departmental costs in the City of Santa Ana FY 2019-20 Budget that are variable costs, as opposed to fixed costs. Variable costs are expenditures by the City that increase or decrease based on the residential and employee population in the City. For example, City Council and Human Resources salaries and wages generally are fixed costs that do not vary based on population. Meanwhile, the Fire Services and Parks & Community Services departments will likely experience service cost increases due to the added population. SUMMARY OF RECURRING CITY EXPENDITURES1 CITY OF SANTA ANA 4th + Mortimer 1 - 122 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 14 non-residential (5 percent). For permanent impacts, the estimated sales from the residential complex, the restaurant space, and the retail space were used. IMPLAN breaks down the resulting employment and other effects into three categories: direct, indirect, and induced: • Direct Effects – Refers to the direct effects that occur on the Project site resulting from development costs and operational sales revenue. • Indirect Effects – Changes in sales, jobs, and/or income within the businesses that supply goods and services to the Project. Indirect effects do not occur directly on the Project-site but are an indirect effect to surrounding or related businesses. • Induced Effects – Regional changes resulting from additional spending earned either directly or indirectly from the Project. RSG utilizes the FTE conversion of total employment generally preferred in Public Policy. FTE employment numbers, as opposed to residents, present total employment through the lens of hours worked; summarizing then dividing by how many 40-hour work weeks are generated by the investment. The IMPLAN analysis concludes that the temporary construction component of the Project will result in 510 direct FTE jobs, 47 indirect FTE jobs, and 214 induced FTE jobs the majority of which will be in Santa Ana. The permanent impacts attributed to the Project are 35 FTE jobs related to the operations of both the residential building itself, as well as the retail and restaurant components of the Project. This includes 25 direct, 4 indirect, and 5 induced jobs to the region. Table 10 outlines the aforementioned FTE jobs generated by the Project. 1 - 123 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 15 Table 10 NON-GENERAL FUND FISCAL IMPACTS Business Improvement District In 1984, a Business Improvement District (“BID”) was established in Downtown Santa Ana. BIDs are assessment districts in which business owners pay special levies that go toward various improvements and promotions within the district. The City collects the funds and provides them to Downtown Inc. and Santa Ana Business Council, which coordinate events such as First Saturday Art-Walk, Savor Santa Ana, Boca De Oro Literary Festival, Santa Ana Media Summit, Outdoor Cinema Series, and the Santa Ana Sidewalk Sales, events that advertise the downtown area and bring foot traffic for local businesses. The commercial component of the Project is located within the BID, so Project commercial businesses would be charged BID fees like the other businesses in the area. Businesses are levied according to the following guidelines: • Retail Sale of Goods, Hotel and Motels, Theaters, and Food Establishments, shall pay an amount equal to one and one- half times their annual business license fee. • Commercial Rental Property, Rental Property, Residential and Rooming Houses shall pay an amount equal to one-quarter times their annual business license fee. Temporary (Construction) Jobs Direct 510 Indirect 47 Induced 214 Subtotal 771 Permanent Jobs Direct 25 Indirect 4 Induced 5 Subtotal 35 Total Temporary & Permanent Jobs Direct 535 Indirect 51 Induced 219 Total 806 Source: IMPLAN PROJECTED EMPLOYMENT (FTE) 4th and Mortimer 1 - 124 Richard M. Gollis, Principal THE CONCORD GROUP June 3, 2020 Page 16 • All other businesses, including Professions, Trades and Services shall pay an amount equal to their annual business license fee. Based on the City’s business license fee schedules, the BID fees for the residential component is estimated to be $2,282. The BID fees for the retail and restaurant spaces combined is estimated to be $3,143 annually. While these funds do not directly benefit the general fund, they will increase funding going towards these downtown events and promotions, which does ultimately help the City. Table 11 In closing, it is our privilege to assist The Concord Group and your client Red Oak Investments with predevelopment activities on this project. Please let us know if you have any questions or comments pertaining to the findings of this report. Sincerely, James Simon, Principal 4th and Mortimer Residential Fee 2,282$ Retail and Restaurant Fee 3,143 Total 5,424$ 2020 Total BID Estimates 200,000$ Added by Project 5,424 % Added 2.7% Total BID Revenues 205,424$ Source: Santa Ana Business License Tax Fee Schedules, BID 2020 Assessment Report BUSINESS IMPROVEMENT DISTRICT FEES 1 - 125