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HomeMy WebLinkAbout09-23-19_AGENDA PACKETPLANNING COMMISSION AGENDA September 23, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA SEPTEMBER 23, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative VACANT Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative VACANT Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Written Comments: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m. the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after the meeting. Special Assistance: If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Translation Services: For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the scheduled meeting. Lisa E. Storck Legal Counsel Vince Fregoso, AICP Interim Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA September 23, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019):Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety; Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal 4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement & Sustainability; Goal 6 - Community Facilities & Infrastructure; Goal 7 - Team Santa Ana Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted at least 72 hours prior the meeting on the City’s website at www.santa-ana.org/cc/city-meetings, and on the posting boards outside the Civic Center entrance, Council Chamber, and Library. The items on the agenda are arranged in four categories: 1. Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is typically no Commission discussion of consent calendar items unless requested. 2. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. 3. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chairman will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant and the project representative will be allowed to make a presentation, for a maximum of 15 minutes. 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker. 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission regarding Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final and shall become effective after the ten-day appeal period (unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council). An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission Agenda 2 September 23, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. Members of the public will be allotted three minutes to speak. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 9, 2019 RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. Planning Commission Agenda 3 September 23, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARING APPEAL OF PLANNING COMMISSION ACTIONS: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. NOTICE: Legal notice for Public Hearing Item Nos. 2- 4 was published in the Orange County Reporter on September 13, 2019 and notice mailed and posted on said date. 1. CONDITIONAL USE PERMIT NO. 2019-01 AND MINOR EXCEPTION NO. 2019-01 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Selena Kelaher LOCATION: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in the Single-Family Residential (R-1) zone. REQUEST: The applicant is requesting approval of (1) a conditional use permit to expand the existing parking lot, add additional seating within the existing facility, and demolish five single-family dwellings to construct a new two-story 9,998 sq. ft. community service building, and (2) a minor exception to allow the height of the new two-story community service building to exceed the maximum building height standard. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15332 of the CEQA Guidelines - Class 32 In-Fill Development Projects. RECOMMENDED ACTIONS: Continue the matter to a future date. 2. CONDITIONAL USE PERMIT NO. 2019-26, CONDITIONAL USE PERMIT NO. 2019- 27, AND CONDITIONAL USE PERMIT NO. 2019-28 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Ivan Orozco LOCATION: 501 N. French Street in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone. REQUEST: The applicant, Noble Ale Works, is requesting approval of three conditional use permits to allow (1) a Type 41 (On Sale Beer & Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premises consumption, (2) an artisan/craft product manufacturing brewery, and (3) after-hours operation until 1:00 am on Friday and Saturday. Planning Commission Agenda 4 September 23, 2019 ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 – Existing Facilities. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-26 AS CONDITIONED FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-27 TO ALLOW AN ARTISAN/CRAFT PRODUCT MANUFACTURING USE FOR NOBLE ALE WORKS RESTAURANT AND BREWERY LOCATED AT 501 NORTH FRENCH STREET; and b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-28 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR NOBLE ALE WORKS BREWERY AND RESTAURANT LOCATED AT 501 NORTH FRENCH STREET 3. CONDITIONAL USE PERMIT NO. 2019-18 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara LOCATION: 923 North Santiago Street, Unit C, Specific Development No. 84 (SD-84)/ Transit Zoning Code, Urban Neighborhood 2 (UN-2) subzone. REQUEST: The applicant, Depot at Santiago, L.P., is requesting approval of a conditional use permit to allow the conversion of an existing communal apartment laundry room into a publicly accessible laundromat which will operate seven days a week from 7:00 a.m. to 10:00 p.m. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3) – General Rule. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-18 AS CONDITIONED TO ESTABLISH A COMMERCIAL LAUNDROMAT FACILITY AT THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET, UNIT C Planning Commission Agenda 5 September 23, 2019 4. SITE PLAN REVIEW NO, 2019-01 AND DENSITY BONUS AGREEMENT NO. 2019- 01 {STRATEGIC PLAN NO. 3,2; 5,3} — Case Planner, Vince Fregoso Location: 114 East Fifth Street and 117 East Fifth Street in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone. Request: The applicant, Toll Brothers Apartment Living, is requesting (1) approval and adoption of an addendum to the Environment Impact Report (EIR) for the Transit Zoning Code Project (SCH NO. 2006071100) and re-adoption of a mitigation monitoring and reporting program, (2) approval of a site plan review, and (3) approval of a density bonus agreement in order to facilitate the construction a mixed-use development project consisting of 220 rental units and 12,350 square feet of commercial space on a total of 2.78 acres. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether an addendum to the 2010 EIR for the Transit Zoning Code Project 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. RECOMMENDED ACTIONS: a) Adopt a resolution. 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 THE FIRST AMERICAN MIXED-USE DEVELOPMENT PROJECT AND RE-ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM; and b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01 AS CONDITIONED AND RECOMMENDING CITY COUNCIL APPROVAL OF DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH STREET (SITE B) * * * END OF BUSINESS CALENDAR * * * COMMENTS 5. STAFF COMMENTS 6. COMMISSION MEMBER COMMENTS Planning Commission Agenda 6 September 23, 2019 ADJOURNMENT – The next regular meeting will be held on Monday, October 14, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • CUP19-3:1211 S Main Street_ approval of a conditional use permit (CUP) to renew entitlements of an existing 68-foot high major wireless communications facility This page left blank intentionally. 1 PLANNING COMMISSION MINUTES September 9, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 9, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair FELIX RIVERA COMMISSIONERS Absent: KENNETH NGUYEN PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director LISA STORCK, Assistant City Attorney VINCE FREGOSO, Interim Planning Manager SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF AUGUST 26, 2019 MOTION: Approve Minutes. MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Nguyen A-1 2 PLANNING COMMISSION MINUTES September 9, 2019 MOTION: Cano SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING *Item No. 1 moved towards the end of the business calendar 2. CONDITIONAL USE PERMIT NO. 2019-29 — Case Planner, Fernanda Arias Location: I Can Barbeque Restaurant, 414 West Fourth Street in the Specific Development No. 84 (SD-84) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 41 (On Sale Beer & Wine - Eating Place) Alcoholic Beverage Control (ABC) License for the sale of beer and wine for on-premises consumption at a new restaurant. Case Planner Arias provided a staff presentation. Commission inquired about the number of establishments with ABC licenses in the vicinity. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-29 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT I CAN BARBECUE RESTAURANT LOCATED AT 414 WEST FOURTH STREET MOTION: Cano SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) A-2 3 PLANNING COMMISSION MINUTES September 9, 2019 3. CONDITIONAL USE PERMIT NO. 2019-30, CONDITIONAL USE PERMIT NO. 2019-31, VARIANCE NO. 2018-10 — Case Planner, Selena Kelaher Location: 301 North Tustin Avenue and 325 North Tustin Avenue in the General Commercial (C2) zone. Request: The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with a 3,040 sq. ft. convenience store and new automated car wash. The applicant is requesting approval of (1) a conditional use permit to allow a car wash, (2) a conditional use permit to allow a convenience store to operate 24 hours a day and (3) an amendment to a variance to allow a reduction in the minimum yard standard. Case Planner Kelaher provided a staff presentation. Commission discussion ensued regarding the site’s access point and the applicant’s previous project proposal. The following submitted written comment in support of the matter. Charles Powers The following submitted written comment in opposition to the matter. 1. Leo Kim 2. Yoon Choe 3. William & Karina Conklin Chair McLoughlin opened the Public Hearing. The applicant, Chase Rusell, spoke in support of the matter. The below individuals oppose the matter. Those in opposition expressed concern with vibration, noise, negative economic impact on surrounding businesses, CEQA exemptions, findings of fact in the resolution, and asserted that insufficient noticing was provided to conduct proper research. It was also brought to attention that the applicant had previously requested a zone change at this site for a restaurant, not a car wash. 1. Yoon Choe 2. Kara Grant, representing William & Karina Conklin 3. Ronald Jones The applicant was provided the opportunity to address community concerns. Indicated that for financial reasons, a carwash was more suitable than a restaurant. There were no other speakers and the Public Hearing was closed. Commission discussion ensued regarding hours of operation and noise standards. A-3 4 PLANNING COMMISSION MINUTES September 9, 2019 MOTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018 - 10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE; and c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE MOTION: Rivera SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 4. CONDITIONAL USE PERMIT NO. 2019-23 — Jerry Guevara, Case Planner Location: 1825 East Newport Circle in the Light Industrial (M1) zone. Request: The applicant is requesting approval of a conditional use permit to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-palm. Case Planner Guevara provided a staff presentation. Chair McLoughlin opened the Public Hearing. The applicant, Alex Lew, spoke in support of the matter. There were no other speakers and the Public Hearing was closed. A-4 5 PLANNING COMMISSION MINUTES September 9, 2019 MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-23 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60 -FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1825 EAST NEWPORT CIRCLE MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 5. CONDITIONAL USE PERMIT NO. 2019-24 — Vince Fregoso, Case Planner Location: Wine Exchange, 1544 East Warner Avenue in the Specific Development 8 (SD- 8) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for the sa le of beer, wine and distilled spirit for consumption off the premises, and a Type 42 (On Sale Beer & Wine - Public Premises) ABC license for the sale of beer and wine for on -premise consumption at an existing establishment. In addition, the applicant is requesting a Public Convenience and Necessity (PCN) Letter due to an overconcentration of licenses in the census tract. Case Planner Fregoso provided a staff presentation. Commission discussion ensued regarding parking and hours of operation. Chair McLoughlin opened the Public Hearing. The applicant, Michael Cho, spoke in support of the matter. There were no other speakers and the Public Hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1544 EAST WARNER AVENUE MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) A-5 6 PLANNING COMMISSION MINUTES September 9, 2019 ABSENT: Nguyen (1) 6. CONDITIONAL USE PERMIT NO. 2019-25 — Jerry Guevara, Case Planner Location: Eco Town, 3309 South Bristol Street, Unit B in the Community Commercial (C1) zone. Request: The applicant is requesting approval of a conditional use permit to establish a second-hand store. Case Planner Guevara provided a staff presentation. Commission inquired about the second-hand retailer permit process. Chair McLoughlin opened the Public Hearing. The applicant, Akihiki Sasaki, spoke in support of the matter. There were no other speakers and the Public Hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-25 AS CONDITIONED TO ESTABLISH A SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL STREET, UNIT B MOTION: Cano SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 1. CONDITIONAL USE PERMIT NO. 2019-01 — Case Planner, Selena Kelaher LOCATION: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in the Single-Family Residential (R-1) zone. REQUEST: The applicant is requesting approval of (1) a conditional use permit to expand the existing parking lot, add additional seating within the existing facility, and demolish five single-family dwellings to construct a new two-story 9,998 sq. ft. community service building, and (2) a minor exception to allow the height of the new two -story community service building to exceed the maximum building height standard. Case Planner Kelaher provided a staff presentation. Commission discussion ensued regarding the number of complaints received, security, parking requirements, mitigation measures taken to address neighborhood complaints concerning parking, and the parking management plan. Staff stated that the conditions of approval require the applicant to submit A-6 7 PLANNING COMMISSION MINUTES September 9, 2019 a parking management plan prior to the issuance of a certificate of occupancy. Commission requested the parking management plan be submitted for their review. The following submitted written comments in support of the matter. 1. Sameh Armanios 2. Victor Armanios 3. Shery Assal 4. Frank Hernandez 5. Maryam Antoun G.Kassab 6. Gabriela Mattar 7. Mina Milad 8. Remonda Morcos 9. Tu Nguyen 10. Joseph Qest 11. George/Kathy Reis 12. Sabri Rizkalla 13. Raphaela Sefine 14. Isis Tadros 15. Mary Tadros 16. Atef Tadross 17. Martha Tadross The following individuals submitted written comments in opposition to the matter. 1. Andrea Cole 2. Charlie/Pam Ly 3. Karyn Negrete 4. Ashely Richards 5. Joan Todisco 6. Lorena Velarde 7. Rosie Velarde 8. George Vetter 9. Petra Vetter 10. Patty Young The following submitted written comment in opposition after the established deadline. 1. Earl Nickels 2. Thomas Fiedling 3. Cory Nguyen 4. Rolf Vetter (petition) Chair McLoughlin opened the Public Hearing. The applicant, Mariam Soliman, spoke in support and specified the mitigation measures the Church has taken to deter parishioners from parking in the adjacent neighborhood. The below individuals support the matter. Those in support indicated that they have shown a good faith effort to address neighborhood concerns, project meets City parking requirements, the traffic study has confirmed the project will have minimal impacts on traffic and parking, and the project will benefit both parishioners and the community. 1. Father Felimon Mikhail, 2. Greorge Ragheb 3. Mark Moussa 4. Jacob Sampson 5. Youhanna Ibrahim 6. Bill Lawson 7. DeGeorge Rackie 8. Monica Youseff 9. Bassem Barsoum The below individuals oppose the matter. Those in opposition expressed concern with overflow parking into the adjacent neighborhood, increased traffic, public safety, noise, and A-7 2 PLANNING COMMISSION MINUTES September 9, 2019 the need to preserve the neighborhood. It was also asserted that the Church has not b een a good neighbor and does not maintain church-owned property. 1. Linda Bacerra 2. Anh Truong 3. Patricia Wells 4. David Hoxie (also read aloud letter submitted electronically by Joan Todisco) 5. Amy Fuente (provided video presentation) 6. Karyn Negrete 7. Art Jimenez 8. George Vetter 9. Rolf Vetter 10. Judy Stevenson 11. Debbie Zuver 12. Patricia Young 13. Ronald Jones 14. Patrick Ghobry The applicant and representatives were provided the opportunity to address comments regarding building usage, parking, mitigation measures, and parking management plan. There were no other speakers and the Public Hearing was closed. Assistant City Attorney Lisa Storck advised Commission of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and its provisions. Commission discussion ensued regarding neighborhood concerns. It was agreed that a parking management plan should be submitted fo r review before a decision is rendered. MOTION: Continue the matter until September 23, 2019. MOTION: McLoughlin SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 5. ZONING ORDINANCE AMENDMENT NO. 2019-04— Jerry Guevara, Case Planner Location: Citywide Request: The City of Santa Ana is requesting approval of a zoning ordinance amendment to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting cyber cafés as a permitted use citywide. Case Planner Guevara provided a staff presentation. Commission inquired about the implementation timeline and the number of legal non-conforming existing establishments. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. A-8 2 PLANNING COMMISSION MINUTES September 9, 2019 MOTIONS: Recommend that the City Council adopt an ordinance. AN ORDINANCE – OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41 -45, 41-198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFÉS AS A PERMITTED USE CITYWIDE MOTION: Contreras- Leo SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) ***END OF BUSINESS CALENDAR * * * COMMENTS 6. STAFF COMMENTS  Executive Director Thai announced that Vince Fregoso is the Interim Planning Manager. 7. COMMISSION MEMBER COMMENTS  Vice Chair Contreras-Leo thanked staff  Commissioner Cano thanked staff and congratulated Vince Fregoso.  Chair McLoughlin thanked staff and congratulated Vince Fregoso. MEETING ADJOURNED IN HONOR OF PAT McGUIGAN 9:13 P.M. ADJOURNMENT –The next regular meeting will be held on September 23, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-9 This page left blank intentionally. 2-1 2-2 2-3 2-4 2-5 2-6 2-7 This page left blank intentionally. 2-8 EXHIBIT 1 2-9 This page left blank intentionally. 2-10 Resolution No. 2019-xx Page 1 of 10 LS 9.23.19 RESOLUTION NO. 2019-xx 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. Stephen Miles, with Noble Ale Works (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-26 to allow the sale of alcoholic beverages for on-site consumption and Conditional Use Permit No. 2019-27 to allow an artisan/craft product manufacturing use for Noble Ale Works Brewery located at 501 North French Street. B. Santa Ana Municipal Code Sections 41-196 and 41-2007 require approval of a conditional use permit for establishments wishing to sell alcohol for on-premises consumption. C. Santa Ana Municipal Code Section 41-2007 requires approval of a conditional use permit for artisan/craft product manufacturing businesses. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permits for this project as set forth by the Santa Ana Municipal Code. E. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit Nos. 2019-26 and 2019-27 respectively. F. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-26 for the sale of alcoholic beverages for on-site consumption, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-26 AS CONDITIONED FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- SITE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-27 TO ALLOW AN ARTISAN/CRAFT PRODUCT MANUFACTURING USE FOR NOBLE ALE WORKS RESTAURANT AND BREWERY LOCATED AT 501 NORTH FRENCH STREET 2-11 Resolution No. 2019-xx Page 2 of 10 The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Noble Ale will be producing some of its inventory at this location, thereby promoting locally produced products. Operational standards applicable to the alcoholic beverage control license and conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license and conditions of approval will address any potential negative or adverse impacts created by the use. Conditions have been placed on the CUP that limit the time all outdoor areas can be used. This will reduce the potential for noise that may affect sensitive land uses in the area. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license and brewery will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow the restaurant to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana, specifically the Downtown. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. 2-12 Resolution No. 2019-xx Page 3 of 10 The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment and brewery will not adversely affect the General Plan. The project is located in the Urban Neighborhood (UN) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. 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. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant and ancillary alcohol sales will contribute to the viability of the commercial site and the small craft manufacturing use will contribute to the overall success of the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. 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. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The project is in the Transit Zoning Code zoning district, specifically in the Downtown sub-zone. As proposed, it is designed to meet all development standards designated in the zoning district. 2-13 Resolution No. 2019-xx Page 4 of 10 G. The Planning Commission determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-27 pursuant to Santa Ana Municipal Code (SAMC) Section 41-2007, have been established for Conditional Use Permit No. 2019-27 to allow the operation of a craft brewery: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed craft brewery will be an ancillary component to the operation of a full service bona-fide restaurant. The use is consistent with other brewery/restaurants in the downtown area and will provide an additional service to the residents, employees, or visitors in the area. Noble Ale Works has been in business for almost a decade, originating in Anaheim. As proposed, the improvements to the building and introducing the small craft brewery at this location will contribute to the overall well-being of the neighborhood. Additionally, operational standards applicable to the alcoholic beverage control license and conditions of approval included for this CUP will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed brewery operation at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The operation of the brewery is similar to several businesses located in the downtown. The dedicated floor area for all the brewing equipment is only 96 square feet, which is approximately four (4%) percent of the entire building. As proposed, all manufacturing operations will be located within the building. Additionally, operational standards in the SD-84 zoning district limit the hours of operation for any business located in the downtown. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of in- house alcoholic beverages for sale to their customers. 2-14 Resolution No. 2019-xx Page 5 of 10 Moreover, the proposed use will revitalize an underused property and contribute to the overall success of the City of Santa Ana; specifically, the Downtown. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable regulations and conditions imposed on a restaurant/brewery pursuant to Chapter 41 of the Santa Ana Municipal Code. Furthermore, operational standards in Section 41-2007 of the Transit Zoning Code will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. Additionally, the dedicated square footage for manufacturing is less than 100 square feet of the building which is less than four (4%) percent of the total floor area. Finally, all operation related to the brewery production will be located within the building footprint. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed brewery will not adversely affect the General Plan. The project is located in the Urban Neighborhood (UN) General Plan land use designation which allows for commercial uses such as retail, service and small artisan/craft manufacturing. The project is consistent with several goals and policies of the General Plan, including the Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The brewery will contribute to the viability of the commercial site and contribute to the overall success of the downtown area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. 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. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The project is in 2-15 Resolution No. 2019-xx Page 6 of 10 the Transit Zoning Code zoning district, specifically in the Downtown sub-zone. As proposed, it is designed to meet all development standards designated in the zoning district. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15301, Class 1, Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-17 will be filed for this project. Section 3. 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 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-26 and Conditional Use Permit No. 2019-27, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 501 North French Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 2-16 Resolution No. 2019-xx Page 7 of 10 ADOPTED this 23rd day of September, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-17 Resolution No. 2019-xx Page 8 of 10 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2019-26 and 2019-27 Conditional Use Permit No. 2019-26 to allow the sale of alcoholic beverages for on-site consumption and Conditional Use Permit No. 2019-27 to allow an artisan/craft product manufacturing use for Noble Ale Works Brewery 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, the Applicant 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 these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permits. Failure to comply with each and every condition may result in the revocation of the conditional use permits. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-02) and the staff report exhibits. 2. Any amendment to the conditional use permits must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed “coldbox” must be fully enclosed with similar materials to that of the building. No equipment may be stored or placed without proper screening from the public right-of-way. 4. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and/or dancing and this establishment must not operate as such. 5. The storage of delivery vehicles is not allowed at this location. 6. There shall be no use of delivery vehicles with more than three axles at this location. 7. This establishment must comply with Santa Ana Municipal Code Section 18-312, related to exterior noise, and Section 18-313, interior noise standards. 8. It shall be the Applicant’s responsibility to ensure that no alcoholic beverages are consumed outside of the designated consumption areas, or neighboring properties, which includes the parking lot area. 9. The Applicant or an employee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. 2-18 Resolution No. 2019-xx Page 9 of 10 10. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of completion of such training must be maintained on the premises and available for inspection upon request by the City. 11. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 12. There shall be no exterior advertising of any kind or type, including window signs or other signs visible to the outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25%) percent of window coverage. Floor displays shall not exceed three (3) feet in height. 13. There shall be no promotions encouraging on-site consumption of alcohol. 14. Any graffiti painted upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 48 hours of being applied. 15. A timed-access cash controller or drop safe must be installed. 16. Applicant is responsible for the installation of a silent armed robbery alarm prior to the issuance of a certificate of occupancy. 17. Prior to the issuance of a building permit, 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, Applicant (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 2-19 Resolution No. 2019-xx Page 10 of 10 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 Applicant 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. 2-20 EXHIBIT 2 2-21 This page left blank intentionally. 2-22 Resolution No. 2019-xx Page 1 of 8 LS 9.23.19 RESOLUTION NO. 2019-xx 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. Stephen Miles, with Noble Ale Works (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-28 to allow after-hours operation for a new brewery/restaurant located at 501 North French Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-2007 requires approval of a conditional use permit for eating establishments which intend to operate between 12:00 a.m. and 7:00 a.m. Specifically, the subject Noble Ale Works location is proposing to remain open until 1:00 a.m. on Friday and Saturday. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-28. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-28 for after- hours operation, have been established as required by SAMC Section 41- 638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed after-hours operations will provide an ancillary service to individuals in the Downtown area that wish to have a late night meal. This will thereby benefit the community by providing a food-related amenity offering service past 12:00 midnight, which is consistent with that of other A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-28 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR NOBLE ALE WORKS BREWERY AND RESTAURANT LOCATED AT 501 NORTH FRENCH STREET 2-23 Resolution No. 2019-xx Page 2 of 8 brewery/restaurants in the vicinity. Specifically, the subject Noble Ale Works location is proposing to remain open until 1:00 a.m. on Friday and Saturday. Conditions such as ceasing service to the outdoor areas by 9:00 p.m. daily will help mitigate any potential problems created by the after- hours operation of the restaurant and the ambient noise. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The new brewery/restaurant is consistent with other businesses in the Downtown area offering similar services. Allowing the restaurant to provide this service will not create any new impacts on the adjacent land uses. Additionally, the CUP will include conditions that require outdoor service operations to cease by 9:00 p.m. daily, thereby mitigating any outside ambient noise. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site was originally constructed as a commercial office building. Currently, the building does not have a tenant and has been vacant since September 2016. With the proposed improvements and tenant, the Applicant is proposing to re-invest in the property. The establishment of this restaurant promotes a balance of land uses that enhances the City’s economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and positively affects the economic stability of the Downtown area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to 2-24 Resolution No. 2019-xx Page 3 of 8 Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD-84) zoning provisions. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Noble Ale Works brewery and restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. The project is located in the Downtown sub-zone of the Transit Zoning Code (SD-84) zoning district and is designed to meet all additional development standards designated in the SD-84 zoning district and Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15301, Class 1, Replacement or Reconstruction. Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. The proposed project would alter the existing building to convert the previously approved office use to allow a restaurant and small brewery. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-17 will be filed for this project. Section 3. 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 2-25 Resolution No. 2019-xx Page 4 of 8 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-28, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 501 North French Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of September, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-26 Resolution No. 2019-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-27 Resolution No. 2019-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-28 Conditional Use Permit No. 2019-28 for after-hours operation of a new restaurant and brewery 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, the Applicant 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 conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-02) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The restaurant will be allowed to remain open until 1:00 a.m. on Friday and Saturday for the interior service area only. 4. Use of the outdoor dining area located at the rear of the building and on the roof deck will be limited to 9:00 p.m. Monday through Sunday. 5. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the drive-through lane from view. Additionally, the landscape plan must incorporate, through design, landscape plant species to assist in the visual screening of the adjacent residential properties from the subject site. 6. Prior to the issuance of a building permit, 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, Applicant (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 2-28 Resolution No. 2019-xx Page 7 of 8 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, (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 Applicant 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. 2-29 Resolution No. 2019-xx Page 8 of 8 (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. 2-30 CUP 2019-26-27-28, NOBLE ALE WORKS501 NORTH FRENCH STREET EXHIBIT 3 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-31 This page left blank intentionally. 2-32 EXHIBIT 4 2-33 This page left blank intentionally. 2-34 2-35 This page left blank intentionally. 2-36 EXHIBIT 5 2-37 This page left blank intentionally. 2-38 N 2-39 This page left blank intentionally. 2-40 EXHIBIT 6 2-41 This page left blank intentionally. 2-42 Counter 2-43 This page left blank intentionally. 2-44 EXHIBIT 7 2-45 This page left blank intentionally. 2-46 WEST ELEVATION (French Street) SOUTH ELEVATION (Fifth Street) 2-47 This page left blank intentionally. 2-48 3-1 3-2 3-3 3-4 EXHIBIT 1 3-5 This page left blank intentionally. 3-6 Resolution No. 2019-xx Page 1 of 7 LS 9.23.19 RESOLUTION NO. 2019-xx 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. Todd Cottle with Depot at Santiago, L.P (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2019-18 to convert an existing communal apartment laundry room into a publicly accessible laundromat facility located at 923 North Santiago Street, Unit C. B. Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A), requires approval of a conditional use permit for laundromat facilities located within Specific Development No. 84 (SD-84)/Transit Zoning Code subzone Urban Neighborhood 2 (UN-2). C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-18. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-18, for a laundromat facility, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed laundromat facility will contribute to the general well-being of the community by providing a basic community service to individuals who live in the area. In addition, the A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-18 AS CONDITIONED TO ESTABLISH A COMMERCIAL LAUNDROMAT FACILITY AT THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET, UNIT C 3-7 Resolution No. 2019-xx Page 2 of 7 conditions of approval will mitigate any potential impacts created by the laundromat facility and will ensure that the use does not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed laundromat will not create any negative or adverse impacts on the surrounding community because the use complies will all applicable regulations intended to ensure that new laundromats will be safe, well maintained and will not result in the increase in Police Department calls for service. Moreover, conditions have been placed on the project in order to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The site as developed is suitable for the proposed use. The laundromat facility will generate city tax revenue and long term employment in the community. In addition, this use will provide a service and an amenity to the nearby residents, thereby enhancing rather than adversely affecting the economic stability of the surrounding properties in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project complies with all applicable regulations and conditions specified in Chapter 41 of the SAMC and the conditions of approval will ensure the laundromat does not deviate from the approved plans. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed laundromat will not adversely affect the General Plan. The laundromat is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs of goods and services. Laundromats provide a service to residents who do not have access to a washer and dryer in their homes. 3-8 Resolution No. 2019-xx Page 3 of 7 Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further environmental review under the general rule pursuant to CEQA Guidelines Section 15061 (b)(3) which indicates that CEQA review applies to projects that have a potential for causing a significant impact on the environment. The proposed project would convert an existing communal apartment laundry room into a publicly accessible laundromat facility. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-94 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-18, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 923 North Santiago Street, Unit C. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 3-9 Resolution No. 2019-xx Page 4 of 7 ADOPTED this 23rd day of September, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-10 Resolution No. 2019-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-18 Conditional Use Permit No. 2019-18 for a laundromat facility at 923 North Santiago Street, Unit C 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 conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-31), Site Plan Review No. 2014-01 (SPR No. 2014-01), and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a Certificate of Occupancy and the installation of any signage, the Applicant shall submit a Planned Sign Program application in accordance with SAMC Sections 41-880 and 41-2050 to the Planning Division for review and approval. 4. Hours of operation of the laundromat for non-residents of the apartment complex shall be restricted to 7:00 a.m. to 10:00 p.m. 5. A full time attendant shall be required during all hours of operation of the facility. 6. All service counters, seating areas, service sinks and dispenser machines shall not create an obstructed view of the entire interior assembly space of the facility. No displays, posters or other obstructive material shall be installed on or near the storefront windows. 7. Public restrooms shall be maintained locked at all times and made only available by request to the attendant on duty. 8. No public telephones shall be located within the laundromat and premises. 3-11 Resolution No. 2019-xx Page 6 of 7 9. All laundry carts shall have hanger rack extensions to prevent the carts from passing through the front door of the laundromat facility. The operator/attendant shall use its best efforts to keep all laundry carts within the facility. In the event that a cart has been removed from the facility, the operator shall immediately retrieve the cart. 10. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area and in front of the laundromat facility. The posted signs must conform to Penal Code Section 602. 11. “Quite Zone/Do Not Disturb Neighbors” signs/placards shall be posted in the parking lot area and in front of the laundromat facility. 12. The operator/attendant shall insure customers are not waiting in their vehicles in the adjacent neighborhoods or parking lot. 13. An amenity lounge/waiting area with televisions, board games and/or similar entertainment devices shall be provide within the laundromat. 14. The owner/operator shall provide Wi-Fi internet access to its customers. However, the provision of Wi-Fi internet access may be reconsidered if Planning staff and the owner determine that the provision of Wi-Fi internet access is resulting in loitering at the property. 15. Prior to the issuance of a Certificate of Occupancy, 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, Applicant (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; 3-12 Resolution No. 2019-xx Page 7 of 7 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. The maintenance agreement shall include provisions requiring that the owner/operator maintain the public side walk and parkways within 50 feet of the subject property clean and free of trash and debris. f. 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; g. 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; h. 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; and i. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certificate of Occupancy for this entitlement. 3-13 This page left blank intentionally. 3-14 EXHIBIT 2 3-15 This page left blank intentionally. 3-16 Conditional Use Permit No. 2019-18923 North Santiago Street, Unit C Exhibit 2 - Vicinity Zoning & Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-17 This page left blank intentionally. 3-18 EXHIBIT 3 3-19 This page left blank intentionally. 3-20 Conditional Use Permit No. 2019-18 923 North Santiago Street, Unit C Exhibit 3 – Site Photo 3-21 This page left blank intentionally. 3-22 EXHIBIT 4 3-23 This page left blank intentionally. 3-24 Conditional Use Permit No. 2019-18 923 North Santiago Street, Unit C Exhibit 4 – Site Plan (P) Laundromat 3-25 This page left blank intentionally. 3-26 EXHIBIT 5 3-27 This page left blank intentionally. 3-28 Conditional Use Permit No. 2019-18 923 North Santiago Street, Unit C Exhibit 5 – Floor Plan 3-29 This page left blank intentionally. 3-30 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 EXHIBIT 1 4-11 This page left blank intentionally. 4-12 Resolution No. 2019-xx Page 1 of 7 LS 9.23.19 PLANNING COMMISSION RESOLUTION NO. 2019-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 THE FIRST AMERICAN MIXED-USE DEVELOPMENT PROJECT AND RE- ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, Pam Sapetto, representing Toll Brothers Apartment Living (hereinafter referred to as “Applicant”), is requesting approval of Site Plan Review No. 2019-01, as conditioned, and Density Bonus Agreement No. 2019-01, as conditioned, to allow the construction of a new mixed-use 220-unit residential and commercial development at 114 and 117 East Fifth Street; and WHEREAS, the subject Property contains 2.78 acres containing two sites at 114 and 117 East Fifth Street, currently developed with a commercial office building and surface parking lots; and WHEREAS, 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; and WHEREAS, the City Council of the City of Santa Ana certified the Environmental Impact Report (SCH No. 2006071100) and adopted a mitigation monitoring reporting program for the Transit Zoning Code, which allows a mixture of residential, commercial, and industrial land uses; and WHEREAS, the entitlements sought for the proposed mixed-use development project include a Site Plan Review application and a Density Bonus Agreement 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”), 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 4-13 Resolution No. 2019-xx Page 2 of 7 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 First American Title Company EIR Addendum (“2019 Addendum”) concluded 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, on September 23, 2019 at a duly noticed public hearing, the Planning Commission considered the 2019 Addendum; 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 2019 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 2019 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission further finds and determines that the Addendum reflects the City’s independent judgment. 4-14 Resolution No. 2019-xx Page 3 of 7 SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2019 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 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. These findings are laid out more specifically in the Mitigation Monitoring and Reporting Program (“MMRP”) attached hereto as Exhibit A. The Planning Commission therefore hereby re-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 2019 Addendum, 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 4-15 Resolution No. 2019-xx Page 4 of 7 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 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 the First American Mixed-Use Development Project. SECTION 8. The 2010 EIR and the 2019 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 23rd day of September, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 4-16 Resolution No. 2019-xx Page 5 of 7 _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4-17 Page 6 of 7 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM The 2010 Transit Zoning Code EIR Mitigation Monitoring and Reporting Program (MMRP) is 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 4-18 Page 7 of 7 EXHIBIT B FIRST AMERICAN TITLE COMPANY EIR ADDENDUM The First American Title Company Project EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- documents/first-american-title-co-site-downtown Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 4-19 This page left blank intentionally. 4-20 This page left blank intentionally. 4-21 EXHIBIT 2 4-22 This page left blank intentionally. 4-23 Resolution No. 2019-xx Page 1 of 10 LS 9.23.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01 AS CONDITIONED AND RECOMMENDING CITY COUNCIL APPROVAL OF DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH 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. Pam Sapetto, representing Toll Brothers Apartment Living (hereinafter referred to as “Applicant”), is requesting approval of Site Plan Review No. 2019-01, as conditioned, and Density Bonus Agreement No. 2019-01, as conditioned, to allow the construction of a new mixed-use 220-unit residential and commercial development at 114 and 117 East Fifth Street. B. 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. C. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. On September 23, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing 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 4-24 Resolution No. 2019-xx Page 2 of 10 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. F. The zoning designation for the subject property is Specific Development No. 84, Downtown 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 Plan (SD No. 84/Transit Zoning Code), with the exception of required on-site residential parking, which, pursuant to the California Government Code sections 65915 through 65918, may be reduced through approval of the requested Density Bonus Agreement application. H. The Planning Commission hereby recommends that the City Council determine that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41- 1607, have been established for Density Bonus Agreement No. 2019-01 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide 209 market-rate rental units and 11 very-low income affordable units, contributing toward the City’s rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Transit Zoning Code plan area, currently contains several entitled or constructed affordable and market-rate residential communities. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market-rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is located in an area already identified in both the City’s Zoning Code (the Transit Zoning Code) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the proposed densities of 4-25 Resolution No. 2019-xx Page 3 of 10 84 and 50 units per acre on Site A and Site B, respectively, is consistent with the anticipated development intensity of 90 units per acre in the General Plan Land Use element, and is below the density bonus provisions in the California Density Bonus Law for family-oriented projects (35-percent density bonus) and in the City’s Housing Opportunity Ordinance (35- percent density bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires one deviation through incentives/concessions for a reduction in required on-site (off-street) parking. The deviation is described as follows: Constructing 2.0 parking spaces per residential unit and 0.15 guest parking spaces per residential unit on the project site would require the developer to construct an additional level of parking either above- or below-grade, resulting in increased construction costs and/or a loss of an entire level of residential units. The City has identified the Transit Zoning Code area for high-intensity, mixed-use development in order to reduce demands for parking and traffic impacts. To address the parking reduction requested by the Applicant pursuant to State Housing Law, the Applicant prepared a parking study and parking management plan (PMP). The PMP adequately outlines measurable means to provide additional parking through additional onsite valet parking, offsite parking, or a combination thereof, raising the effective parking ratios to a minimum of 2.15 parking spaces per residential unit if fully implemented. As a result of the parking reduction requested, staff coordinated with the Applicant to explore alternate options for providing additional off-site parking spaces, maximizing on-site parking spaces, and/or reducing parking demand on the project site. In response, Toll Brothers prepared a PMP that addresses incentives for reducing vehicle ownership, encouraging transit ridership, providing valet services on-site to maximize parking areas, and providing off-site parking spaces through long-term agreements with the City in nearby parking structures. 4-26 Resolution No. 2019-xx Page 4 of 10 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 2019 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. 4-27 Resolution No. 2019-xx Page 5 of 10 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. 2019-01 and recommends approval of Density Bonus Agreement No. 2019-01 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 September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of September, 2019 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 Storck Assistant City Attorney 4-28 Resolution No. 2019-xx Page 6 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4-29 Resolution No. 2019-XX Page 7 of 10 EXHIBIT A Conditions for Approval for Site Plan Review No. 2019-01 and Density Bonus Agreement No. 2019-01 Site Plan Review No. 2019-01 and Density Bonus Agreement No. 2019-01 are 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. A. Planning Division 1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2018-20. 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 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. 4. All mechanical equipment shall be screened from view from public and courtyard areas. 5. 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. 6. 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. 4-30 Resolution No. 2019-XX Page 8 of 10 7. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 8. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 9. 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. 10. Prior to any demolition activities, a historic preservation professional, meeting the Secretary of the Interior’s Professional Qualifications Standards (PQS) for history, architectural history, or historic architecture, shall be retained at the expense of the project Applicant. This individual shall be onsite to monitor the controlled demolition of the exterior of the west building at First American Square. The exterior shall be dismantled in such a way as to determine if any original materials or features from the 1931 building remain underneath the current exterior of the building. If no such materials or features are identified, the PQS monitor shall prepare and submit a brief memorandum for submittal to the City to document the results and fulfillment of this mitigation measure. If however, such materials or features are discovered, construction activities shall immediately stop so that the PQS monitor may inspect any remnants of the original building. If it is determined that these materials and features warrant further documentation, construction activities shall be stopped until the original materials and features are documented via digital photography in accordance with the requirements of the Historic American Building Survey. Archival copies of these photographs and a memorandum documenting these efforts shall be submitted to the Santa Ana History Room so that they may be archived and available to the public. Subsequent to these efforts the PQS monitor shall prepare a memorandum for submittal to the City to document the results and fulfillment of these conditions. 11. The Project shall include a publicly-accessible amenity area available to the public on a semi-regular basis, upon agreement by the public and Applicant. Any revisions to the proposed projects to include said amenity area, or any required modifications to accommodate said amenity area, shall be reviewed for substantial conformance during Building Division plan check. 12. Prior to Certificate of Occupancy issuance, public art shall be installed on the project site at a value of one-half of one percent (0.5%) of the total valuation of both buildings. The art may be installed on one or both of the project sites (Site A and/or Site B). The selection, design, and installation of the art shall be subject to review and approval by the Planning and Building Agency, the Community Development Agency, and the Applicant. 4-31 Resolution No. 2019-XX Page 9 of 10 13. Prior to the issuance of a building permit, 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, (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. 4-32 Resolution No. 2019-XX Page 10 of 10 (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. 4-33 EXHIBIT 3 4-34 This page left blank intentionally. 4-35 4-36 This page left blank intentionally. 4-37 EXHIBIT 4 4-38 This page left blank intentionally. 4-39 SPR No. 2019-01 & DBA No. 2019-01, “First American Title Co. Development” 114 and 117 East Fifth Street Exhibit 4 – Site Photos 4-40 This page left blank intentionally. 4-41 EXHIBIT 5 4-42 This page left blank intentionally. 4-43 UP UP UPOBSCURED OBSCUREDOBSCUREDOBSCURED OBSCURED OBSCURED 123.27 122.74 122.59 122.73 122.12 122.31 122.24 122.10 121.75 122.23 122.54 122.80 121.81 121.89 121.89 121.13 121.93 121.75 121.35 121.35 121.14 120.87 120.67 120.08 120.40 120.16 120.32 120.31 120.38 120.21 120.10 120.34 120.17 120.55 120.61 120.44 120.35 120.11 119.85120.11 120.24 120.59 121.30 120.78 120.70 120.28 119.89 120.34 120.76 120.81 121.25 121.41 121.35 121.88 121.77 122.30 122.20 122.23121.95 122.05 121.97 121.78 121.82 121.82 121.54121.58 122.19 122.13 122.29 122.18 122.81 123.30 121.72 121.30 122.94 123.82 123.90 123.75 123.36 123.25 123.28 122.74 122.68122.73 122.77 123.11 121.43 121.30 121.23 121.18 121.26 121.74 121.45 121.69 121.32 121.09 120.87 120.91 121.25 121.27 121.06 121.60 121.33 120.68 1 2 4 12 2 122 1221221201201 20120PM PM PM UP 1 A201 1 A201MAIN STREET5TH STREET 4TH STREET BUSH STREET21 STALLS PLAZA 53 STALLS RETAIL TRASH TRASH RESIDENTIAL LOBBY TRANSFORMER 24' - 0"RAMP UP TO LEVEL 2RAMP DOWN TO LEVEL B1ENTRY PLAZA LEASING/ LOUNGE LOBBY/ AMENITIES 1,417 SF ELEVATOR LOBBY ENTRY LOBBY TRASH MAIL OFFICE STORAGE (14)STORAGE (19) TRANSFORMER SECURITY GATE SERVICE DOCK TRASHline of podium above PROPERTY LINE2 A201 2 A201 4 A201 4 A201 3 A201 3 A201 - -- - - - - - 7 A303 5 A303 6 A303 8 A303 40' - 4"40' - 6"154' - 8"12' - 8"1' - 11"1 A301 2 A301 2 A302 1 A302 UNIT L1 UNIT L2 UNIT L27.98%13.77%4.98%12.76%18' - 0"28' - 5"33' - 3"54' - 7"62' - 5"44' - 3"9' - 1" 250' - 0" SITE WIDTH 250' - 0" SITE DEPTH242' - 8"7' - 4" 250' - 0"10' - 6"69' - 3"28' - 3"250' - 0" SITE DEPTHSTAIRS STAIRS 24' - 0"EXIT EXIT EXIT PACKAGE RETAIL 1 9,750 SF RETAIL 2 2,600 SF GREASE INT.COMPACTOR (T)COMPACTOR (R)TO SERVE: TRASH PICK UP, TENANT MOVE-INS, OVERSIZE DELIVERIES, GREECE INTERCEPTOR, RETAIL SERVICE SERVICE CORRIDORTURN AROUND / UBER/LYFT USPSMETERS VAN TURN AROUND / UBER/LYFT 24' - 0"24' - 0"PL TO SEC. GATE21' - 0"24' - 0"BIKE PARKING (17) MAINTENANCE ACCESS DEDICATION 5' - 0" POTENTIAL PUBLIC ART INSTALLATION 115' - 1"66' - 3"POTENTIAL PUBLIC ART INSTALLATION 8' - 0"8' - 0" SECURITY GATE BIKE PARKING (10) BIKE PARKING (10)PL TO SEC. GATE22' - 9 1/4"15' - 0"15' - 0"15' - 0"15' - 0" 15' - 0" 15' - 0" 12' - 0" 15' - 0"15' - 0" ENTRY DRIVE 28' - 0" ENTRY DRIVE 28' - 0"10' - 0"10' - 0" PARKING/TRAFFIC STUDY PROVIDED AS SEPARATE SUBMITTAL PARKING PROVIDED TOTAL RESID.PARKING PROVIDED:332 STALLS TOTAL STALLS:332 STALLS (1.51 RATIO) TOTAL TANDEM STALLS: 56 STALLS (16.7%) TOTAL H.C. STALLS: 8 STALLS (2.37%) (8) RESIDENTIAL PARKING BREAKDOWN BY LEVEL SUBT GARAGE HC 3 STALLS SINGLE/PRIME STALL 145 STALLS TANDEM STALL 13 STALLS LEVEL 1 HC 5 STALLS SINGLE/PRIME STALL 60 STALLS TANDEM STALLS 9 STALLS LEVEL 2 SINGLE/PRIME STALL 63 STALLS TANDEM STALLS 34 STALLS TOTAL 332 STALLS PARKING BREAKDOWN BY UNIT TYPE STUDIO (1 SPACE) 45 UNITS = 45 STALLS 1BDR/1BA (1 SPACE)101 UNITS = 101 STALLS 2BDR/2BA (2 SPACES; TANDEM) 74 UNITS = 148 STALLS EXTRA = 38 STALLS TOTAL RESID. PARKING PROVIDED = 332 STALLS STALL DEPTH18' - 0"23'-0" MINIMUM24'-0" DRIVE AISLE18"21"18"21" 9' - 0"9' - 0" VAN 12' - 0"9' - 0" STORAGE SUMMARY STORAGE REQUIRED PARCEL 1 (194) 240 C.F./UNIT PARCEL 2 (24) 240 C.F./UNIT STORAGE PROVIDED PARCEL 1 BASEMENT NONE 1ST FLOOR (33) 240 C.F. 2ND FLOOR (22) 240 C.F. 3RD FLOOR (23) 240 C.F. 4TH FLOOR (7) 240 C.F. 5TH FLOOR (7) 240 C.F. 6TH FLOOR (7) 240 C.F. 7TH FLOOR (7) 240 C.F. TOTAL (106) 240 C.F. PARCEL 2 1ST FLOOR NONE 2ND FLOOR (6) 240 C.F. 3RD FLOOR (6) 240 C.F. 4TH FLOOR (6) 240 C.F 5TH FLOOR (6) 240 C.F. TOTAL (24) 240 C.F. 8' - 6"8' - 6"8' - 6"8' - 6"8' - 6" 15"15"23'-0" MINIMUM23' DRIVE AISLESTALL DEPTH18' - 0"0' N 15' 30' 60'120' MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 SCALE: As indicated 4TH + MAINLEVEL 1 2019-08-08 A101 NOTES:THE SITE PLAN AND STATISTICS ARE CONCEPTUAL ONLY. ALL INFORMATION WAS GENERATED FROM AN AERIAL MAP AND WILL REQUIRE A SURVEY TO VERIFY YIELD. PARKING DATA TYP. PARKING DIAGRAM H.C. PARKING DIAGRAM STORAGE DATA ▶ ▶ ▶ 4-44 This page left blank intentionally. 4-45 EXHIBIT 6 4-46 This page left blank intentionally. 4-47 BEDROOM 12'-0 x 12'-0 BATH W/D C.C ENTRY I KITCHEN 10'-6 x 12'-0 LIVING/DINING 18'-0" x 15'-5" ENTRY II P.3' - 11 1/2"12' - 1"14' - 3 1/2"11' - 0"18' - 1 1/2"8' - 6 1/2"11' - 7 1/2"11' - 5 1/2"5' - 2"8' - 3"18' - 6 1/2" 43' - 5" KITCHEN 10'-0" x 11' 10" LIVING/DINING 18'-3" x 17'-3" BATH W/D ENTRY I C.C. ENTRY II P. L.19' - 5"11' - 0"18' - 3"8' - 0"11' - 5 5/8"10' - 0"19' - 3" 29' - 3" OPEN TO BELOW DEN 9'-11 x 20'-6" MASTER BEDROOM 15'-0 x 12'-0" W.I.C.MASTER BATH L. 15' - 0"10' - 4"18' - 6 1/2"11' - 5 1/2"3' - 11 1/2"43' - 10 1/2"8' - 6 1/2"11' - 7 1/2"20' - 2"9' - 9 1/2"5' - 5 1/2"10' - 4"18' - 3" BEDROOM 16'-7" x 10'-6" OPEN TO BELOW BATH L. 29' - 7 1/2" 16' - 0"13' - 7 1/2"6' - 8 1/2"2' - 7"10' - 1 1/2"TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A411 1/4" = 1'-0"▉2BD LOFT UNIT L1 1/4" = 1'-0"⬤1BD LOFT UNIT L2 ⬤ ■ 1 2 ■ ⬤ ⬤ ■ 4-48 BEDROOM 9'-10" x 9'-11"KITCHEN/DINING 6'-7" x 14'-0" BATH W/D C.C. ENTRY LIVING 11'-9" x 12'-8" L. C.C.12' - 10 1/2"14' - 0 1/2"6' - 6"33' - 5"11' - 9"7' - 8 1/2" 19' - 5 1/2"12' - 10 3/4"10' - 1 1/2"7' - 8 3/8"8' - 2 1/2" TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L C.C. KITCHEN 10'-6" x 12'-6" LIVING 12'-6" x 12'-8" W/D BATH ENTRY BEDROOM 12'-6" x 9'-10" L. 9' - 6"12' - 10"10' - 1 1/2"12' - 11"22' - 4 1/2" 10' - 6 3/8"15' - 11 1/2" MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A412 1/4" = 1'-0"▉UNIT S1 1/4" = 1'-0"⬤UNIT S2 ⬤ ■ 1 2 ■ ■ ■ ■ ■ ⬤■ ■ 4-49 DINING/LIVING 17'-9" x 12'-0" BATH W/D BEDROOM 10'-0" x 11'-2"KITCHEN 7'-3" x 15'-4" ENTRY P P C.C. C.C. 17' - 9"33' - 2"10' - 7 1/2"11' - 9"2' - 3 1/2"7' - 1 1/2"11' - 10 1/2"17' - 0"4' - 2"33' - 1"6' - 0"L. 2' - 3 1/2"5' - 0"10' - 5 1/2" DECK 12'-6" x 6'-0" BEDROOM 13'-0" x 12'-3" LIVING/DINING 12'-3" x 22'-2" BATH KITCHEN 10'-0" x 12'-6" W/D W.I.C. ENTRY C.C. L.13' - 9"19' - 8 1/2"13' - 5 1/2"12' - 3" 26' - 1 1/2"10' - 6"10' - 7"12' - 9 1/2"33' - 5 1/2"L. 9' - 2 1/2"5' - 0"7' - 3" TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A413 1/4" = 1'-0"⬤UNIT S3 Option 1 1/4" = 1'-0"▉UNIT A ⬤ ■ 1 2 ⬤ ■ ■ ■ ■■ ■ ■ 4-50 LIVING/DINING 13'-7" X 15'-11" DEN 9'-8" x 10'-8"BEDROOM 11'-0" x 12'-6" W/D KITCHEN 13'-7" x 13'-6" BATH W.I.C.C.C. ENTRY P. L.11' - 11"18' - 5 1/2"11' - 5 1/2"14' - 0 1/2"9' - 7" 35' - 1"10' - 4"6' - 4"13' - 8 1/2"30' - 6"11' - 5 1/2"13' - 10" DECK 12'-6" x 6'-0" LIVING/DINING 13'-11" x 13'-1" BEDROOM 10'-9" x 12'-4" W.I.C BATH W/D KITCHEN 13'-11" x 13'-6" DECK 12'-6" x 6'-0" C.C. ENTRY P.15' - 1"13' - 6"28' - 7"11' - 9"13' - 11" 25' - 8"12' - 1"6' - 1"10' - 0 1/2"28' - 2 1/2"11' - 5 1/2"13' - 6 1/2" L. TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A414 1/4" = 1'-0"⬤UNIT B11/4" = 1'-0"▉UNIT B ⬤ ■ ■ 1 2■ ■ ■ ■ ■■■■ ⬤ 4-51 TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L W.I.C. BATH W/D C.C. DEN 11'-1" x 10'-6" LIVING/DINING 12'-5" x 20'-1" DECK 12'-6" X 6'-0" BEDROOM 12'-6" x 10'-6" ENTRY 11' - 3"11' - 4"12' - 10"9' - 5 1/2"20' - 0 1/2"P.DINING 14'-6" x 9'-4" L.29' - 6"35' - 5"10' - 6"4' - 3 1/2"8' - 1 1/2"8' - 6"15' - 1"5' - 9 1/2"14' - 6 1/2" L. W/D C.C. LIVING/KITCHEN 17'-0" X 19'-6" BEDROOM 11'-4" x 10'-0" BATH ENTRY C.C. P. 11' - 0"17' - 3"19' - 5"28' - 3"7' - 1 1/2"12' - 3 1/2"19' - 5"11' - 10 1/2"5' - 1"11' - 10 1/2" MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A415 1/4" = 1'-0"⬤UNIT D 1/4" = 1'-0"▉UNIT C ⬤ ■ 1 2 ■ ⬤ ⬤ 4-52 TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L BEDROOM 11'-0" x 10'-4" LIVING 13'-6" x 10'-6" MASTER BEDROOM 11'-8" x 12'-8" W.I.C MASTER BATH KITCHEN/DINING 13'-6" x 16'-2" BATH W.I.C. W/D L. DECK 12'-6" x 6'-0" L. ENTRY C.C. 36' - 9"8' - 3 1/2"7' - 10"14' - 1 1/8"11' - 11 1/2"8' - 3"5' - 3"4' - 1"7' - 2 1/2" 11' - 8"13' - 9 1/2"11' - 3 1/2"10' - 2"5' - 11 1/2"10' - 3 3/4"P. DECK 12'-6" x 40'-0" W.I.C MASTER BEDROOM 11'-10" x 15'-2" LIVING/DINING 13'-6" x 21'-6" KITCHEN 9'-6" x 15'-6" W.I.C BEDROOM 11'-8" x 16'-0" BATH BATH W/D ENTRY 11' - 10"25' - 4 1/2"12' - 7"5' - 1 1/2"10' - 11 1/2"4' - 11 1/2"10' - 3 1/2"15' - 2 1/2"14' - 7"5' - 11 1/2"5' - 1 1/2"11' - 8 1/2"8' - 2 1/2"21' - 6 1/2"MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A416 1/4" = 1'-0"▉UNIT E ⬤ ■ ■ 1/4" = 1'-0"⬤UNIT E1 1 2 ■ ■ ■ ■■■■⬤ 4-53 TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER BATH W.I.C. BEDROOM 12'-6" x 11'-0" BATH MASTER BEDROOM 14'-0" X 11'-0" KITCHEN 8'-9" x 13'-3" LIVING/DINING 21'-10 x 15'-0" C.C. ENTRY DECK 12'-6" x 6'-0" W/D 15' - 3"33' - 2 1/4" 48' - 3 1/4"11' - 4 1/2"15' - 0"15' - 6 1/2"14' - 1 1/8"6' - 11"8' - 3"8' - 4 1/2"10' - 0 1/2"14' - 8 1/4" MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A417 ■ 1/4" = 1'-0"▉UNIT F 1 2 ■ 4-54 KITCHEN/DINING/LIVING 23'-7" x 17'-7" BEDROOM 12'-0" x 11'-0" MASTER BEDROOM 12'-0" X 14'-0" MASTER BATH W.I.C. BATH W/D C.C. C.C.C.C. ENTRY 12' - 5 1/2"26' - 3" DECK 6'-0" x 12'-6"15' - 0 3/4"7' - 5 1/2"6' - 7"13' - 4 1/4"10' - 3"4' - 0"12' - 5 1/2" TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A418 ■ ▉UNIT G 1 2 ■ 4-55 TBEDROOM 12'-0" x 13'-0" MASTER BEDROOM 12'-6" X 11'-11" W.I.C. MASTER BATH BATH W.I.C. LIVING 17'-1" x 18'-6" DINING/KITCHEN 14'-2" x 21'-0" W/D C.C. P.P. ENTRY DECK 12'-6" x6'-0" 12' - 11 1/2"27' - 4 7/8"12' - 9 7/8"7' - 5 1/2"8' - 0 3/8"12' - 8"5' - 8 1/2"7' - 3 1/2"16' - 9"12' - 4 1/4"10' - 0"12' - 11 1/2"P.35' - 3 1/4"42' - 5" TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A419 ⬤ ⬤UNIT H 1 2 ⬤ 4-56 MASTER BEDROOM 11'-0" x 12'-0" MASTER BEDROOM 15'-0" x 12'-7" DECK 8'-4" x 8'-2" LIVING 9'-9" x 14'-3" MASTER BATH W.I.C. W.I.C. DINING/KITCHEN 19'-10" x 11'-10" MASTER BATH C.C. W/D ENTRY P.9' - 0 1/2"24' - 6"7' - 10"13' - 6 1/2"15' - 0 1/2"11' - 0"12' - 4 1/2"20' - 9"12' - 4"10' - 11 1/2"14' - 2"11' - 3 1/2" 47' - 4 1/2"33' - 2"48' - 9"33' - 6 3/8"TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A420 ▉UNIT J ■ 1 2 ■■ ■■ 4-57 11' - 11 1/2"8' - 2 1/2"21' - 6 1/2"20' - 9 1/2"16' - 0 1/2"4' - 11 1/2"10' - 3 1/2"15' - 2 1/2" 41' - 8 1/2"12' - 1 1/2"12' - 1 1/2"9' - 6 1/2"15' - 2"36' - 10"36' - 10"30' - 5 1/2" BEDROOM 11'-8" x 15'-8" LIVING/DINING 21'-6" x 13'-6" KITCHEN 15'-0" x 9'-6" MASTER BEDROOM 15'-2" x 11'-10" MASTER BEDROOM W.I.C. BATH W/D C.C. W.I.C. P L. DECK 41'-0" x 12'-2" ENTRY TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A421 1/4" = 1'-0"▉UNIT I ■ 1 2 ■■ 4-58 TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L LIVING/DINING 20'-0" x 14'-2" BEDROOM 12'-1" x 10'-6" MASTER BATH W.I.C. BATH C.C. W/D DECK 6'-0" x 10'-10" ENTRY17' - 5 1/2"15' - 2 1/2"12' - 0 1/2"27' - 9 1/2" 39' - 10" MASTER BED 13'-9" x 12'-5" C.C. 9' - 10"3' - 0"5' - 2"21' - 2" L 10' - 6"5' - 10 1/2"MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A422 1/4" = 1'-0"▉UNIT K ■ 1 2 ■ 4-59 MASTER BED 11'-4" x 11'-1" WIC MASTER BATH W/D CC BATH BED ROOM 11'-10" x 11'-7" CC LIVING / DINING 20'-4" x 16'-10" ENTRY DECK 6'-0" x 10'-10" 11' - 7"18' - 5 1/2"11' - 7 1/2"15' - 8"11' - 3 1/2"38' - 7"11' - 7"5' - 2 1/2"15' - 1 1/2"13' - 8"18' - 9"KITCHEN TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A423 1/4" = 1'-0"▉UNIT K2 ■ 1 2 ■ 11' - 7"5' - 2 1/2"15' - 1 1/2" 1/4" = 1'-0"▉UNIT K2 4-60 BEDROOM 15'-10" x 11'-6" KITCHEN 9'-4" x 17'-8" LIVING 15'-0" x 17'-8" W.I.C BATH C.C. W/D MASTER BATH ENTRY 12' - 5 1/2"8' - 0"18' - 1" 38' - 7"7' - 2 1/2"25' - 2"32' - 4 1/2"8' - 3 1/2"4' - 7 1/2"8' - 0"17' - 7 1/2"15' - 10"9' - 7 1/2"TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A424 ▉1BD UNIT P1 ■ 1 2 ■■ 4-61 BEDROOM 12'-2" x 11'-0" BATH KITCHEN 9'-4" x 11'-10" DINING/LIVING 19'-4" x 20'-0" W/D BATH BEDROOM 14'-0" x 14'-0" W.I.C ENTRY W.I.C C.C. BATH 10' - 0"11' - 0"12' - 9"9' - 2 1/2"19' - 3 1/2"11' - 1"14' - 2"6' - 9 1/2" 73' - 3 1/2"7' - 0"14' - 0"3' - 3"11' - 4 1/2"4' - 3 1/2"34' - 10"5' - 10 1/2"6' - 10 1/2" TYPE QTY NET RENTABLE DECK S1 35 544 SF S2 5 700 SF S3 5 600 SF 70 SF A 40 780 SF B 37 750 SF 70 SF C 3 590 SF P1 1 1030 SF 260 SF B1 6 950 SF 80 SF L2 2 1,000 SF E 25 1,090 SF 80 SF E1 4 1,400 SF 500 SF F 4 1,487 SF 70 SF G 6 1,380 SF 80 SF H 6 1,418 SF 70 SF I 5 1,400 SF 500 SF J 10 1,300 SF 70 SF P2 1 1,415 SF 650 SF L1 1 1,684 SF TOTAL 196 STUDIO 1BR 2BR PARCEL 1 B 4 750 SF D 4 975 SF 70 SF E 8 1,090 SF K 4 1,220 SF 80 SF K2 4 1,157 SF 80 SF TOTAL 24 2BR 1BR PARCEL 2 23% 45% 32% 100% 33% 66% 100% 1BR+D 1BR+D 1BR+L 2BR+L MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINUNIT PLANS 2019-08-08 A425 ▉2BD UNIT P2 ■ 1 2 ■■■ 4-62 This page left blank intentionally. 4-63 EXHIBIT 7 4-64 This page left blank intentionally. 4-65 Level 1 0' -0" Level 2 16' -0" Level 3 26' -0" Level 4 36' -0" Level 5 46' -0" Level 6 56' -0" ROOF 76' -0" Level 7 66' -0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"16' - 0"3 1 4 8 2 2 7753 POTENTIAL FUTURE RETAIL SIGNAGE LOCATION 76' - 0"1 2 Level 1 0' -0" Level 2 16' -0" Level 3 26' -0" Level 4 36' -0" Level 5 46' -0" Level 6 56' -0" ROOF 76' -0" Level 7 66' -0" 1 3 2 7579858444 10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"16' - 0"POTENTIAL FUTURE RETAIL SIGNAGE LOCATION 76' - 0"SIDING BRICK STUCCO I LIGHT GRAY STUCCO II DARK GRAY METAL PANEL DECORATIVE/ RAILING TEXTURED CMU GLAZING SYSTEM METAL CANOPY MATERIALS 1 2 3 654 7 8 ART WORK9 MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINEXTERIOR ELEVATIONS l MATERIALS 2019-08-08 A301 PARCEL 1_SOUTH ELEVATION PARCEL 1 -WEST ELEVATION 1 2 4-66 1 2 Level 1 0' -0" Level 2 16' -0" Level 3 26' -0" Level 4 36' -0" Level 5 46' -0" Level 6 56' -0" ROOF 76' -0" Level 7 66' -0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"16' - 0"5 11 53277 64 76' - 0"Level 1 0' -0" Level 2 16' -0" Level 3 26' -0" Level 4 36' -0" Level 5 46' -0" Level 6 56' -0" ROOF 76' -0" Level 7 66' -0"16' - 0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"10' - 0"7714 5 8 8434136 DECORATIVE METAL 76' - 0"SIDING BRICK STUCCO I LIGHT GRAY STUCCO II DARK GRAY METAL PANEL DECORATED/ RAILING TEXTURED CMU GLAZING SYSTEM METAL CANOPY MATERIALS 1 2 3 654 7 8 MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINEXTERIOR ELEVATIONS l MATERIALS 2019-08-08 A302 PARCEL 1 EAST -ELEVATION PARCEL 1 -NORTH ELEVATION 1 2 4-67 45168 15436 5 2 8 3 Level 1 0' -0" 552837 P2 LEVEL 2 14' -0" P2 LEVEL 3 24' -0" P2 LEVEL 4 34' -0" P2 LEVEL 5 44' -0" P2 ROOF 54' -0"10' - 0"10' - 0"10' - 0"10' - 0"14' - 0"54' - 0"Level 1 0' -0" P2 LEVEL 2 14' -0" P2 LEVEL 3 24' -0" P2 LEVEL 4 34' -0" P2 LEVEL 5 44' -0" P2 ROOF 54' -0"10' - 0"10' - 0"10' - 0"10' - 0"14' - 0"54' - 0"FOREGROUND BUILDING CUT LINE 1 2 SIDING BRICK STUCCO I LIGHT GRAY STUCCO II DARK GRAY METAL PANEL DECORATED/ RAILING TEXTURED CMU GLAZING SYSTEM METAL CANOPY MATERIALS 1 2 3 654 7 8 MASTER ID NO. 2018-243617 PROJECT NUMBER: DP-2018-20 111 EAST 4TH STREET SANTA ANA, CA 92701 4TH + MAINEXTERIOR ELEVATIONS l MATERIALS 2019-08-08 A303 PARCEL 2 -NORTH ELEVATION PARCEL 2 -EAST ELEVATION PARCEL 2 -SOUTH ELEVATIONPARCEL 2 -WEST ELEVATION 1 2 4-68 This page left blank intentionally. 4-69 EXHIBIT 8 4-70 This page left blank intentionally. 4-71 12MASTER ID NO. 2018-243617PROJECT NUMBER: DP-2018-20111 EAST 4TH STREETSANTA ANA, CA 927014TH + MAINBUILDING 1 PERSPECTIVE2019-06-10A6012019-08-084-72 This page left blank intentionally. 4-81 EXHIBIT 9 4-82 This page left blank intentionally. 4-83 0' IMAGERY 1 2 3 3 3 4 4 4 4 44 5 5 Community Gathering Space Plaza 4th Street Promenade Parkway Shrub Mass - 5 Gal. Ligustrum texanum Japonicum Street Tree - 24” Box Cinnamon camphora Metal Furniture LEGEND 1 2 3 4 5 MAIN STREET4TH STREET 5TH STREET BUSH STREETSTREET LEVEL URBAN DESIGN 06.07.2019 L.01 DESIGN CHARACTER The landscape is a collaboration with the architecture and existing 4th Street environment with enhanced hardscape, street trees for shade, parkway shrub mass, sculptured shrubs in raised planters in “The Plaza”, sitting areas, outdoor furniture at the retail space, street lighting for safety and decorative lighting of landscape features. Integral Color concrete with 3’x3’ score pattern for all street pedestrian areas 4th Street: 30% of the area to be brick paving with color and pattern to collaborate with existing 4th street paving. PAVING MATERIALS CITY REQUIREMENTS 1. Street trees removed within the public right-of-way are subject to approval by the Environmental and Transportation Advisory Committee (ETAC). 2. 24” box street trees to be installed per the City Downtown Theme Standards and approved plan. 3. Separate landscape irrigation water service/meter to be used to irrigate all landscape areas. 4. Weather Based Irrigation Controller ”Smart Timer” and Drip irrigation delivery devices to be used. Bellevie Table by Jardin Basix Modular by Sun Furniture Co. 2019-08-084-84 0' 1 2 3 4 Waterscape Pool and Spa Fitness / Wellness Green Programmable Lawn City View Deck Dog Area LEGEND 1 2 3 4 55 DESIGN CHARACTER • “Sophisticated Luxury” • Wellness • Community • Activities • Semi-private garden space • Sports on the green • Entertainment breakout spaces • Pool Light swimming Wifi • Spa • Fire table • Resort lighting • Clubroom Internal External (City) Bar Gathering IMAGERY L.023RD FLOOR COURTYARDMAIN STREET4TH STREET 5TH STREET BUSH STREET20’40’80’10’ 06.07.2019 2019-08-084-85 0' IMAGERY 1 2 3 3 6 5 4 4 Trellis Structure with Vines Informal Lounge Green Wall Fire Table Outdoor Dining Area City View Corner Seats LEGEND 1 2 3 4 5 6 L.037TH FLOOR DECK AMENITY 10’20’40’5’ 4TH STREET BELOW 3RD FLOOR COURTYARD BELOW BUSH STREET BELOWDESIGN CHARACTER • “Vine Sky Lounge” • Trellis structure for overhead green treatment • Open garage/nano doors allows the activation of indoor-outdoor space • Maximize the city view corner with organic seatings 06.07.2019 2019-08-084-86 This page left blank intentionally. 4-87 EXHIBIT 10 4-88 This page left blank intentionally. 4-89 Exhibit 10 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 5 to 7 Stories Parking Driveway Width (Table DT-5): 2-Way Driveway: 20’0” minimum and 25’0” maximum. 2-Way Driveway: Project’s driveway width varies from 23’0” 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 473 residential and 31 commercial parking spaces required (504 total) Residential: 301 stalls (Per Affordable Housing Plan, State of California Government Code Section 65915(p)(1) and 65915(p)(4)): • Zero to 1 bedroom – 1 stall • 2 to 3 bedrooms – 2 stalls Commercial: 31 Stalls (1/400 sf) (7 extra onsite parking spaces provided) – Approval of a Density Bonus Agreement Waiver/Concession Required • Results in 332 total onsite parking spaces (1.51 per unit onsite parking ratio) • Per Parking Management Plan, up to 412 onsite parking spaces may be provided (1.87 per unit onsite parking ratio) • Per Parking Management Plan, up to 60 additional parking spaces available offsite (2.15 per unit parking ratio) 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 Complies; never more than 10’0” maximum. 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) 5. Stoop – Max 50% of Frontage Main : 100% Shopfront, 12% Forecourt 4th St.: 100% Shopfront, 38% Forecourt Bush St.: 31% Stoop 5th St.: 18% 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” 1. Width – 250’0” 2. Depth – 250’0” 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): The building provides parking via an underground and above-ground garage. All dwellings will have indirect access to parking stalls. 4-90 Exhibit 10 Required by the Transit Zoning Code Provided 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). 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): 11,250 SF 2. Provided (Common + Private): 40,860 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. N/A 2. Complies 3. Complies 4. N/A 5. Complies 6. N/A 7. N/A 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: 1. Ground Floor – 100% 2. Level 2 – 97% 3. Level 3-6 – 81% 4. Level 7 – 71% 4-91 EXHIBIT 11 4-92 This page left blank intentionally. 4-93 SPR No. 2019-01 & DBA No. 2019-01, “First American Title Co. Development” 114 and 117 East Fifth Street The 2019 EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/first- american-title-co-site-downtown Physical copies are also available by visiting the Planning Division public counter located at 20 Civic Center Plaza, Santa Ana, CA 92701 Exhibit 11 – 2019 EIR Addendum and Technical Appendices 4-94 This page left blank intentionally. 4-95 EXHIBIT 12 4-96 This page left blank intentionally. 4-97 SPR No. 2019-01 & DBA No. 2019-01, “First American Title Co. Development” 114 and 117 East Fifth Street The 2019 EIR Addendum and Technical Appendices are available online at: https://www.santa-ana.org/transit-zoning-code-environmental-impact-report Physical copies are also available by visiting the Planning Division public counter located at 20 Civic Center Plaza, Santa Ana, CA 92701 Exhibit 12 – 2010 Transit Zoning Code EIR 4-98 This page left blank intentionally. 4-99 EXHIBIT 13 4-100 This page left blank intentionally. 4-101 PARKING STUDY AND PARKING MANAGEMENT PLAN FIRST AMERICAN PLAZA 4TH + MAIN APARTMENTS Santa Ana, California September 16, 2019 4-102 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx September 16, 2019 Mr. Michael McCann Toll Brothers Apartment Living 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 LLG Reference: 2.18.3984.1 Subject: Parking Study and Parking Management Plan for the First American Plaza - 4th + Main Apartments Santa Ana, California Dear Mr. McCain: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Parking Study for the proposed First American Plaza – 4th + Main Apartments Project (hereinafter referred to as Project) in the City of Santa Ana, California. It is our understanding that the project is located in downtown Santa Ana which provides alternative modes of travel which results in the need to justify the use of a lower parking ratio than what is documented in the City of Santa Ana Municipal Code and the City’s Transit Zone Code. The Transit Zoning Code (“TZC”) establishes a minimum off-site parking requirement of 2 spaces per unit and 0.15 space per unit for guest parking. Non-residential development is to be parked at a ratio of 1 space per 400 square feet (TZC Table DT-6.). However, based on research of adopted parking standards for other jurisdictions with similar projects in a downtown, transit oriented district setting, lower parking ratios more appropriately reflect future parking demand for the Project. Further yet, given 5% of the Project’s residential units are designated as very low affordable units, the parking ratios for affordable housing developments specified in the California Government Code Section 65915 were applied to the Project’s residential component. Pursuant to our coordination efforts with City of Santa Ana staff and understanding of the City’s requirements, the preparation of a Parking Study, inclusive of a Parking Management Plan (PMP) is required to ensure adequate parking for all Project tenants, employees and guests, and reduce or eliminate any impacts on the surrounding neighborhoods. This PMP is intended to be used to ensure that parking, as required for an affordable housing development such as the Project, will be sufficient to accommodate the Project’s actual parking demand. 4-103 Mr. Michael McCann September 16, 2019 Page 2 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx PROJECT DESCRIPTION AND MULTIMODAL SETTING The Project site occupies two separate parcels of land totaling 1.72-acres. The main parcel is a square shaped parcel of land that is currently developed with 113,000 SF of office space that previously served as the First American Title Company corporate offices. It is located east of Main Street, between 4th Street and 5th Street, and is addressed at 421 North Main Street in the City of Santa Ana, California. The second parcel is a square shape parcel of land that is currently developed as a parking lot, located on the northwest corner of Bush Street at 5th Street. The Project site is zoned Downtown (“DT Zone”) by the City’s Transit Zone Code (TZC) which accommodates a mix of uses. Figure 1 is an existing aerial photograph of the Project site. The proposed Project includes the development of two buildings with a total of 220 apartment units and 12,350 SF of retail/commercial space, with a proposed parking supply of 332 spaces, inclusive of 8 handicap accessible stalls and 56 tandem (2nd access) stalls. Table 1 summarizes the proposed Project development totals for the site. Building 1, located east of Main Street between 5th Street and 4th Street, includes the development of a seven-story 196-unit apartment podium, consisting of 45 studio units, 89 one-bedroom units, and 62 two-bedroom units, with 12,350 SF of retail/commercial space on the ground floor over a 311-space parking garage (1 basement + 2 levels above grade). Building 2, located on the northwest corner of Bush Street at 5th Street, includes the development of a five-story, 24-unit apartment building, consisting of 12 one-bedroom units and 12 two-bedroom units, over a 21- space parking garage, inclusive of one handicap accessible stall. Existing on-street (paid) parking along the project’s 4th Street frontage will be maintained Figure 2 presents the proposed site plan, prepared by MVE + Partners. Project’s Pedestrian Connections Pedestrian circulation would be provided via existing public sidewalks along Main Street, Bush Street, 5th Street and 4th Street within the vicinity of the project frontage, which will connect to the project site. The project will protect the existing sidewalk along project frontage, and if necessary, repair or reconstruct sidewalks along the project frontage per the City’s request. The existing sidewalk system within the project vicinity provides direct connectivity throughout downtown Santa Ana, inclusive of the Santa Ana Metrolink Station located on Santa Ana Boulevard east of Santiago Street, as well as the City’s public parking structures located to the east and west of the subject property along 5th Street. From the project site, it would take approximately 10 minutes to walk to the Santa Ana Metrolink Station that is 0.65 miles from the site. 4-104 Mr. Michael McCann September 16, 2019 Page 3 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx Project’s Proximity to Public Transit Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Five (5) OCTA bus routes operate within the vicinity of the project site on Main Street, Santa Ana Boulevard, 5th Street, and First Street, which consists of the following:  OCTA Route 53: The major route of travel is Main Street. Nearest to the project site are bus stops on Main Street – northbound and southbound east and west of the intersection with 4th Street. Route 53 operates on approximate 30-minute headways during weekdays and 20-minute headways on weekends.  OCTA Route 55: The major routes of travel include Main Street and First Street. Nearest to the project site are bus stops on First Street – eastbound and westbound west of the intersection with Main Street. Route 55 operates on approximate 30- minute headways on the weekdays and weekends.  OCTA Route 64: The major route of travel is First Street. Nearest to the project site are bus stops on First Street – eastbound and westbound south of the intersection with Main Street. Route 64 operates on approximate 30-minute headways on the weekdays and 25-minutes on the weekends.  OCTA Route 83: The major routes of travel include Main Street, Santa Ana Boulevard, 5th Street, and Mortimer Street. Nearest to the project site are bus stops on 5th Street – eastbound and westbound south of the intersection with Main Street. Route 83 operates on approximate 35-minute headways on the weekdays and 45-minute headways on the weekends.  OCTA Route 462: The major routes of travel include Santa Ana Boulevard and 5th Street. Nearest to the project site are bus stops on 5th Street – eastbound and westbound south of the intersection with Main Street. Route 462 operates on approximate 20-minute headways on the weekdays. Figure 3 graphically illustrates the transit routes of OCTA within the vicinity of the project. Figure 4 identifies the locations of the existing bus stops in proximity to the Project site. In addition to the above OCTA lines, it is our understanding that the City of Santa Ana and Garden Grove have partnered with OCTA to develop the “OC Streetcar” which will further enhance mobility throughout Downtown Santa Ana, beyond the current transit opportunities that are now availability. Figure 5 presents the anticipated transit route for the OC Streetcar. 4-105 Mr. Michael McCann September 16, 2019 Page 4 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx Project’s Proximity to Bicycle Facilities The City of Santa Ana promotes bicycling as a means of mobility and a way in which to improve the quality of life within its community. The Bikeway Master Plan recognizes the needs of bicycle users and aims to create a complete and safe bicycle network throughout the City. Currently, not many bicycle facilities exist in the study area, with the exception of a Class II bike lane along Civic Center Drive, between Flower Street and Broadway. However, review of Figure 6, which presents the City’s Bikeway Master Plan, shows that bicycle lanes are proposed to be built throughout the study area. As shown in Figure 6, Class II bike lanes are proposed to be integrated along Civic Center Drive, Santa Ana Boulevard, and Main Street. RESIDENTIAL PARKING RATIOS Notwithstanding the requirements of City Code, the actual parking demand for multifamily residential uses in transit oriented downtown districts have been found to be significantly less. The City’s TZC EIR, for instance, recognized that “residential transit oriented developments, similar to those anticipated/planned under the Transit Zoning Code” have an average level of parking availability of 1.42 spaces per residential unit. (TZC EIR at 4.11-110.) The TZC EIR likewise noted that the TZC “is anticipated to provide parking in excess of the anticipated level of demand.” (TZC EIR at 4.11-110.) The Downtown District was also anticipated to have a surplus of on-street parking spaces that would ensure adequate parking capacity within the TZC area. (TZC EIR at 4.11-110.) LLG’s previous field studies of actual parking demand at existing sites similar to the project also show that parking demand at the project would be lesser than the requirements of the TZC. The Trio Apartments located at 44 N. Madison Avenue, Pasadena has an actual observed parking demand ratio of 1.22 spaces per DU. This site is located in an area where on-street parking is generally permitted. Further, several paid public parking lots are located nearby, including on the west side of Madison Avenue and a few south of Colorado Boulevard. Existing bus stops are located at the intersection of El Molino Avenue/Union Street, as well as various bus stops located Colorado Boulevard. An existing Park & Ride lot is located about 0.5 miles to the northwest of Trio Apartments, near the intersection of Marengo Avenue/Walnut Street. Further, existing Metro Light Rail stations are located at Lake Street/I-210 Freeway (about 0.5 miles from Trio Apartments) and near Raymond Avenue/Holly Street (about 0.5 miles from Trio Apartments). The adjoining land uses to Trio Apartments consist of mostly office and commercial uses. Additional locations have been surveyed which are not located in a downtown setting but have 4-106 Mr. Michael McCann September 16, 2019 Page 5 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx shown to have lower parking ratios than typical City code. These include the following: Site City Address Size Parking Demand Ratio per DU Adagio on the Green Mission Viejo 2660 Oso Parkway 256 Unit 1.45 Skye at Laguna Niguel Laguna Niguel 28100 Cabot Road 142 Unit 1.49 Apex Laguna Niguel Laguna Niguel 27960 Cabot Road 284 Unit 1.28 Furthermore, as discussed below, parking demand/empirical ratio compilations from other sources, including nearby jurisdictions with similar transit oriented districts, demonstrate that the City Code’s parking ratio requirements are substantially higher than actual demand. Table 2 presents a comparison of the residential parking ratios from the City as included in the City’s TZC and the City’s Municipal Code, plus other sources which located in a similar downtown setting with multiple modes of travel. These additional parking codes include: 1. City of Long Beach Downtown Plan: The City of Long Beach Downtown Plan embraces a “park once” philosophy that focuses on walkability and transit options, and encourages high-density, transit-oriented development as a means to minimize overall trips. Like the TZC, the Long Beach Downtown Plan Area is served by multiple transit options, including bus lines (as a central feature of the downtown area) and train lines, and pedestrian movements include substantial walking and biking shares. Source, City of Long Beach Downtown Plan dated January 2012 prepared by AECOM. 2. Proposed City of San Diego Municipal Code Parking Ratios for Transit Areas: The City of San Diego is proposing changes to its parking ratios for transit priority areas, which are areas within one-half mile of a major transit stop. A major transit stop includes the intersection of two or more major bus routes with a frequency service interval of 15 minutes or less during the morning and afternoon peak commute periods. To determine appropriate parking rates, the City undertook testing of multifamily sites. The City found that 89% of the sites sampled had lower demand than the tested ratio.1 For projects in the downtown area, 100% of the sample sites had lower parking demand than one space per unit. Conservatively the ratios identified in Table 1 See the City of San Diego Planning Department’s Transit Priority Area (TPA) Multifamily Parking Update (available at https://www.sandiego.gov/sites/default/files/ppt_-_tpa_parking_program_overview_cpc.pdf). 4-107 Mr. Michael McCann September 16, 2019 Page 6 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx 2 are based on San Diego Municipal Code Chapter 142.0525 Multiple Dwelling Unit Residential Uses – Required Parking Ratios for Transit Area or Transit Priority Area. As discussed above, the TZC area is replete with transit options (bus and train service) that reduce overall parking demand by emphasizing alternative forms of transit. Per the Southern California Association of Governments, the TZC and downtown Santa Ana area are located within a Transit Priority Area.2 Therefore, the City of San Diego’s study materials are relevant to the TZC. Along with the Codes discussed above, additional parking codes representative of transit-oriented and pedestrian friendly downtown districts are provided in Table 2. Those codes include (1) the City of Santa Monica’s Parking Zoning Ordinance Update parking ratios for transit-oriented and mixed uses, (2) the TCRP Report 128 and City of Los Angeles Code for transit-oriented developments (TODs), and (3) the City of Sacramento Zoning Code Parking Regulations for their Traditional District and Urban District. The Institute of Transportation Engineers provide parking rates for residential uses similar to the project that are significantly lower than the TZC requirements. ITE’s Parking Generation Manual, for instance, notes that multifamily mid-rise housing has a parking demand ratio that ranges between 1.1 3 spaces per unit to 1.2 spaces per unit for Center City Core and Dense Multi-Use Urban settings. As applied to the project, those rates would generate demands of approximately 242 to 264 spaces. Table 2 also presents the application of the parking ratios from each source to the project. A “blended” parking ratio (i.e., resident + guest spaces versus the 220 total units) was derived in each column. Going from the left-hand columns of Table 2 to the right-hand columns, it can be seen that the residential ratios are reduced significantly, even in comparison between the City’s TZC and Municipal Code. This trend is indicative of what more jurisdictions are now doing, which is rethinking minimum parking standards to meet sustainability goals and encourage transit use, bicycling, and walking. It embraces the notion that the common practice of requiring a large amount of off-street parking spaces (as what typically results from the direct application of city code ratios) leads to inefficient land use and underutilized spaces, while placing unnecessary design and financial burden on new development projects. Households in developments located in or near downtowns, that can easily access transit stations or public parking, typically own fewer vehicles, reducing the demand for residential parking in these areas. It is evident from Table 2 that the City’s Code 2 See http://gisdata-scag.opendata.arcgis.com/datasets/c9249b6bba0f49829b67ce104f81ef20_1?geometry=- 117.896%2C33.743%2C-117.814%2C33.756. 3 Source: ITE Parking Generation Manual, 5th Edition. 4-108 Mr. Michael McCann September 16, 2019 Page 7 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx parking requirements, especially the TZC, far exceed the parking needs for a downtown setting. Therefore, to help encourage mobility and make use of available public parking in the area, a reduction to the City’s parking standards is needed. This type of Project is consistent with the mixed-use nature of the area, proximity to regional transit facilities and bus routes (i.e., Santa Ana Regional Transportation Center), and extensive bicycling by City of Santa Ana residents. The parking requirement for the retail component is based on City TZC ratio 1 space per 4000 square feet (SF) would result in a parking requirement of 31 spaces. The retail component of this Project is anticipated to utilize the nearby City-owned parking garages which are located on the southwest corner of 5th Street at Main Street (7-levels, 400 spaces), and on 5th Street at Spurgeon Street, directly east of Bush Street (4-levels, 700 spaces). Figure 1 also highlights the location of the city owned parking garages with respect to the proposed Project. The table below provides a summary of parking surplus (available spaces) data provided by City staff for these two City-owned parking garages during the weekday hours of 11:00 AM and 2:00 PM. Based on review this information, a minimum of 527 spaces were available during the 11:00 AM hour, whereas a minimum of 638 spaces were available at the 2:00 PM hour. Date 5th at Spurgeon Available Spaces 5th at Main Available Space Total Available Spaces 11AM 2PM 11AM 2PM 11AM 2PM Monday, October 1, 2018 561 577 117 169 678 746 Tuesday, October 2, 2018 547 559 126 158 673 717 Wednesday, October 3, 2018 507 570 140 152 647 722 Thursday, October 4, 2018 537 581 129 120 666 701 Friday, October 5, 2018 569 573 140 100 709 673 Thursday, November 1, 2018 449 560 78 160 527 720 Friday, November 2, 2018 471 587 120 188 591 775 Monday, December 3, 2018 518 584 144 159 662 743 Tuesday, December 4, 2018 547 571 127 153 674 724 Wednesday, December 5, 2018 540 590 85 170 625 760 Thursday, December 6, 2018 554 556 107 116 661 672 Friday, December 7, 2018 485 544 89 94 574 638 Additionally, Figure 4 further highlights the hourly parking demand profile for both locations during a typical weekday, based on an evaluation of parking data provided by the City for Wednesday December 5, 2018. Review of the tabular information provided above (parking surpluses), combined with a review of Figure 4 shows that during the peak midday period there is more than 500 available spaces within the two 4-109 Mr. Michael McCann September 16, 2019 Page 8 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx nearby parking garages which could easily accommodate the parking needs for the retail component and/or guest parking; during the evening period the parking available would be even more (see Figure 4 bar chart). In the event that additional overflow residential parking were needed it is anticipated the parking garages would have more than adequate surpluses to accommodate the late evening/early morning period, although the Project would have to seek City Council approval and request permission from the City to lease spaces for the Project’s residents. PARKING REQUIREMENTS City TZC Parking Requirement Table 2 summarizes the parking requirements of the Project based on application of the City’s TZC ratios of 2 spaces per DU and 0.15 guest spaces per DU for residential uses, and 1 space per 400 SF of retail floor area. As shown, the Project would require 504 spaces, comprised of 473 spaces for the residential component, inclusive of guest parking, and 31 spaces for the retail component. Comparing this parking requirement against a proposed parking supply of 332 parking spaces results in a parking deficit of 172 spaces. Parking Requirement for Affordable Housing Based on the application of the affordable housing ratios listed above to the Project’s residential component and City TZC code retail ratio to the commercial component, the Project would require 325 spaces, comprised of 294 spaces for the residential component, inclusive of handicapped and guest parking, and 31 spaces for the retail component. Comparing this parking requirement against the parking supply, the 325- space parking requirement is satisfied and there is an additional surplus of 7 spaces. Table 3 summarizes the resulting parking demand estimates based on the affordable housing ratios applied to the Project’s residential component. As shown, the Project is designed to meet these requirements, with one parking space per bedroom provided for the residential component of the Project. The assignment of parking spaces to the various users of the Project is documented in the following Parking Management Plan. 4-110 PARKING MANAGEMENT PLAN FIRST AMERICAN PLAZA 4TH + MAIN APARTMENTS 4-111 Mr. Michael McCann September 16, 2019 Page 9 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx PARKING MANAGEMENT PLAN (PMP) To ensure adequate parking is provided for both tenants, employees and guests of the Project, it is recommended that when the Property Owner and/or Property Management Company deems it necessary, the following key Parking Management Strategies be implemented by the Property Owner and/or Property Management Company: PMP Measures The following measures are available to the Project to mitigate any parking impacts or deficiencies in the event the proposed onsite parking supply is determined to be greater than the allocated one parking space per bedroom rate. 1. Property Owner/Property Management Company shall assign one (1) parking space to every unit. Additional spaces may be purchased and assigned to any unit that requests additional assigned spaces. These additional purchased spaces will be assigned to the 2nd access/tandem spaces. The Property Owner/Property Management Company shall determine the allocation of parking spaces for resident tenants, guests, retail customers and employees, inclusive of spaces designated and signed for prospective resident tenants and/or short-term parking (1-hour) for retail customers. Figure 8 depicts the potential location of the five (5) spaces designated and signed for prospective resident tenant and/or 1-hour short-term parking for retail customers, subject to approval of the Property Owner/Property Management Company. 2. If the Property Owner and/or Property Management Company determine that the actual parking demand for the site exceeds the State Code’s affordable housing parking requirement, the Property Owner/Property Management Company shall restrict parking on-site to only residential tenants. The only exception to this would be that the five (5) spaces designated and signed for prospective resident tenants and/or short-term parking for retail customers would remain. All retail customers and resident guests would be required to park in one of the near-by public parking structures or utilize on-street parking. The two (2) closest public parking structures are located on the southwest corner of Main Street/5th Street and on 5th Street at Spurgeon Street directly east of Bush Street. Figure 9 highlights the two (2) public parking structures. Based on information provided by the City, there is an excess of 500 spaces available during peak operating hours within the two (2) public parking structures. 4-112 Mr. Michael McCann September 16, 2019 Page 10 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx If the Property Owner and/or Property Management Company determine that offsite parking is required for the Project, the Property Owner/Property Management Company shall execute an agreement with the City of Santa Ana to acquire the rights to lease spaces on behalf of the retail employees. The Property Owner/Property Management Company shall secure up to 10 spaces for employees/staff of the Project’s retail component as part of the agreement, which would allow the Project employees to access the designated parking structure(s) 24-hours a day seven (7) days a week. 3. If the Property Owner and/or Property Management Company further determines, even after implementation of above-mentioned PMP measures, that offsite parking is required for the Project’s residential tenants, residential tenants may purchase additional parking within the near-by public parking structure via the agreement that the Property Owner/Property Management Company established with the City Finance Department. To facilitate this PMP measure, the Property Owner/Property Management Company would seek City Council approval and upon Council approval, execute an agreement with the City of Santa Ana to acquire the rights to lease spaces on behalf of the Project’s residents. Pursuant to communications with the Finance Department, the Property Owner/Property Management Company would secure up to 60 spaces for residents of the Project’s apartment component as part of the agreement, which would allow the Project residents to access the designated parking structure(s) 24-hours a day seven (7) days a week. Based on information provided by the City Finance Department, the current availability for City-owned parking is within one parking structure located at 5th street and Spurgeon Street (Fiesta Parking Structure), where 450 spaces are available for lease. As shown in Figure 2, this City-owned structure is located within walking distance to the subject property, across Bush Street. Primary vehicular access is provided at the intersection of 5th Street and Spurgeon Street, with gated pedestrian access provided via entries on 5th Street and Bush Street, as well as French Street. 4. In lieu of PMP Measure No. 4, the Property Owner/Property Management Company, if deemed necessary, may implement an on-site valet-assist program. Figure 10 presents the detailed valet plan which shows up to 80 additional spaces could be accommodated. To implement the valet operation, the Property Owner/Property Management Company would engage the services of a well-established valet operations 4-113 Mr. Michael McCann September 16, 2019 Page 11 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx company. A few of the valet operators that are currently being contacted are ABC Valet, PPS Parking and Elite Valet Services. 5. The parking conditions will be reviewed/monitored on a quarterly basis by the Property Owner/Property Management Company and appropriate actions detailed above will be taken to ensure that the necessary PMP measures are being implemented. Through this monitoring and cooperation with the tenants as a result of the quarterly review/monitoring, a partnership will be formed to ensure that residential tenants and retail employees and Management Company personnel on the property work together to ensure adequate parking is available. Table 4 provides a summary of the Project’s composite parking supply ratio with implementation of the above-recommended PMP measures. A review of Row A of Table 4 shows that the Project’s parking ratio calculates to 1.51 spaces/unit (332 spaces ÷ 220 units). With implement of PMP measures No. 2 and No. 3, which would be attained by leasing up to 70 off-site parking spaces within the City-owned parking structure, the Project’s parking supply ratio would increase to 1.55 spaces/unit (342 spaces ÷ 220 units) and 1.83 spaces/unit (402 spaces ÷ 220 units), respectively (See Row B and Row C of Table 4). The Project’s composite parking supply ratio further increases with implementation of PMP measure no. 4, which would add an additional 80 spaces via implementation of a valet parking program. As shown in Row D of Table 4, the Project’s composite parking ratio calculates to 2.19 spaces/unit (482 spaces ÷ 220 units) with the implementation of PMP measures No. 2, No. 3 and No. 4, which exceeds the Project’s residential parking requirement of 2.15 space/unit based on the City’s TZC. Figure 11 is a bar chart of the Project’s composite parking supply ratio with implementation of the above-recommended PMP measures, and in comparison to the City’s TZC parking requirement. 4-114 Mr. Michael McCann September 16, 2019 Page 12 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx CONCLUSIONS The composite parking ratio for the proposed Project is 1.51 spaces per unit (332 provided spaces divided 220 apartment units). Comparing this ratio to what is required by other similar cities shows that the Project provides 10% to 67% more parking spaces than other apartment projects located in a downtown setting. Since the Project falls within the downtown setting and provides the opportunity for alternative modes of travel along with public on-street parking and near-by public structured parking, the proposed Project’s parking supply will be sufficient (ample) to support its needs. Further yet, given 5% of the Project’s residential units are designated as very low affordable units, the parking ratios for affordable housing developments specified in the California Government Code Section 65915 were applied. From this calculation, the Project would require 325 spaces, comprised of 294 spaces for the residential component, inclusive of handicapped and guest parking, and 31 spaces for the retail component (using the City’s TZC retail ratio of 1 space per 400 SF). When compared to a supply of 332 spaces, the 325-space parking requirement is satisfied and results in a surplus of 7 spaces. Nevertheless, to ensure adequate parking is provided for both tenants, employees and guests of the Project, the Property Owner and/or Property Management Company, if they deem it necessary, would implement the appropriate Parking Management Strategy recommended in this Parking Management Plan to mitigate any parking impacts or deficiencies. * * * * * * * * * * * We appreciate the opportunity to provide this analysis. Should you have any questions, please call us at 949.825.6175. Respectively submitted, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal Attachments cc: Shane Green, P.E., Transportation Engineer III 4-115 4-116 4-117 4-118 4-119 4-120 4-121 4-122 4-123 4-124 4-125 4-126 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx TABLE 1 PROJECT DEVELOPMENT SUMMARY4 Land Use / Project Description Project Development Totals 4th + Main Apartments  Studio Units 45 Units  1 Bedroom Units 101 Units  2 Bedroom Units 74 Units Total Residential Units: 220 Units  Large Retail Suite 9,750 SF  Small Retail Suite 2,600 SF Total Retail Space: 12,350 SF Parking Supply by Level  Subterranean Level o Handicap Parking o Resident Parking – 1st Access o Resident Parking – 2nd Access/ Tandem  Level 1 o Handicap Parking o Resident Parking – 1st Access o Resident Parking – 2nd Access/Tandem o Guest Parking/Leasing  Level 2 o Resident Parking – 1st Access o Resident Parking – 2nd Access/Tandem 3 spaces 145 spaces 13 spaces 5 spaces 55 spaces 9 spaces 5 spaces 63 spaces 34 spaces Parking Supply Allocation: o Handicap Parking o Resident Parking – 1st Access o Resident Parking – 2nd Access/Tandem o Guest Parking/Leasing 8 spaces 263 spaces 56 spaces 5 spaces Total Parking Supply 332 spaces 4 Source: MVE+Partners, 08/08/2019. 4-127 N:\3900\2183984 - First Amer ican Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx TABLE 2 COMPARATIVE PARKING RATIO SUMMARY AND DEMAND Santa Ana Renaissance City of Long Beach City of Long Beach Units Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Ratio Spaces Studio 45 2 sp/unit 90 1 sp/unit 45 1 sp/unit 45 0.5 sp/unit 23 1 sp/unit 45 1 sp/unit 45 1.1 sp/unit 50 1 sp/unit 45 1 sp/unit 45 0.5 sp/unit 23 1-Bedroom 101 2 sp/unit 202 1 sp/unit 101 1 sp/unit 101 1 sp/unit 101 1.25 sp/unit 126 1 sp/unit 101 1.1 sp/unit 111 1 sp/unit 101 1 sp/unit 101 0.5 sp/unit 51 2-Bedroom 74 2 sp/unit 148 2 sp/unit 148 1 sp/unit 74 1.5 sp/unit 111 1.75 sp/unit 130 1.5 sp/unit 111 1.1 sp/unit 81 1 sp/unit 74 1 sp/unit 74 0.5 sp/unit 37 3-Bedroom 0 2 sp/unit 0 3 sp/unit 0 1 sp/unit 0 1.5 sp/unit 0 2 sp/unit 0 1.5 sp/unit 0 1.1 sp/unit 0 1 sp/unit 0 1 sp/unit 0 0.5 sp/unit 0 Total Units:220 440 294 220 235 301 257 242 220 220 111 Guest Parking .15 /unit 33 .25 of total 74 1 sp/4 units 55 1 sp/4 units 55 none 0 none 0 none 0 none 0 none 0 none 0 Total Spaces Required --473 --368 --275 --290 --301 --257 --242 --220 --220 --111 Blended Parking Ratio --2.15 --1.67 --1.25 --1.32 --1.37 --1.17 --1.10 --1.00 --1.00 --0.50 Proposed Supply --332 --332 --332 --332 --332 --332 --332 --332 --332 --332 (332 on-site spaces) Surplus (+) or --(141)--(36)--57 --42 --31 --75 --90 --112 --112 --221 Deficiency (-) City of Santa City of San Diego Monica (for TODs Downtown Transit Zoning Code City of Santa Ana Parking Code TCRP Report 128 City of Los Angeles City of Sacramento City of Sacramento (January 2012)Redevelopment for TODs & Mixed Use)for TODs Code for TODs (Traditional District)(Urban District) Downtown Plan Long Beach Blvd. 4-128 N:\3900\2183984 - First Amer ican Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx TABLE 3 PARKING REQUIREMENTS BASED ON THE CITY OF SANTA ANA TRANSIT ZONING CODE Project Description Size Parking Ratio Spaces Required 4th + Main Project Retail 12,350 SF 1 space per 400 SF 31 Residential Units ( DU)  Studio/1 Bedroom Units 146 2 spaces per DU 292  2 Bedroom Units 74 2 spaces per DU 148  Guest Parking 220 0.15 spaces per DU 33 Subtotal 473 Total Parking Requirement: 504 Proposed Parking Supply: 332 Parking Surplus/Deficiency (+/-): -172 Residential Use Composite Parking Demand Ratio (sp/du) 2.15 4-129 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx TABLE 4 PARKING REQUIREMENTS BASED ON CALIFORNIA GOVERNMENT CODE SECTION 65915 FOR AFFORDABLE HOUSING Project Description Size Parking Ratio Spaces Required 4th + Main Project Retail 12,350 SF 1 space per 400 SF 31 Affordable Housing Units ( DU)  Studio/1 Bedroom Units 146 1 spaces per DU 146  2 Bedroom Units 74 2 spaces per DU 148 Parking Requirement: 325 Proposed Parking Supply: 332 Parking Surplus/Deficiency (+/-): +7 4-130 N:\3900\2183984 - First American Plaza, Santa Ana\Report\Revised First American Plaza Parking Study & Parking Management Plan 09-16-2019.docx TABLE 5 PROJECT PARKING SUMMARY – COMPOSITE PARKING SUPPLY RATIOS Project Description Size Parking Ratio Spaces Required 4th + Main Project Retail 12,350 SF 1 space per 400 SF 31 Affordable Housing Units ( DU)  Studio/1 Bedroom Units 146 1 spaces per DU 146  2 Bedroom Units 74 2 spaces per DU 148 Parking Requirement: 325 Proposed On-site Parking Supply: 332 A. Composite Parking Supply Ratio (sp/du) 1.51 Proposed On-site Parking Supply + 10 off-site employee spaces: 342 B. Composite Parking Supply Ratio (sp/du) 1.55 Proposed On-site Parking Supply + 70 total off-site spaces: 402 C. Composite Parking Supply Ratio (sp/du) 1.83 Proposed On-site Parking Supply + 70 total off-site spaces + 80 valet spaces: 482 D. Composite Parking Supply Ratio (sp/du) 2.19 4-131 EXHIBIT 14 4-132 This page left blank intentionally. 4-133 August 30, 2019 Via Electronic Mail Michael Reynolds, Principal THE CONCORD GROUP 369 San Miguel Drive, Suite 265 Newport Beach, CA 92660 4TH + MAIN MIXED-USE PROJECT, DOWNTOWN SANTA ANA DEVELOPMENT FISCAL IMPACT ANALYSIS Dear Mr. Reynolds: 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, Toll Brothers Apartment Living (“Developer”), which recently applied for redevelopment with the City of Santa Ana’s (“City”) Planning and Building Services Department. The Project site spans several parcels on either side of 5th Street for a total Project area of 2.78 acres. The parcels are located at 111 East 4th Street, 117 East 5th Street, and 119 East 5th Street. The larger site is the vacant First American office building property, which is 2.31-acres, and the smaller site is 0.47-acres. The Developer proposes to demolish the existing First American office building and construct one seven-story residential apartment building surrounding a two-story parking structure and including a retail component on the 4th Street side. On the smaller parcel, the developer proposes one five-story residential apartment building with parking on the first level (see Figure 1 on page 12). The Project consists of 220 units for both buildings, 209 market rate and 11 affordable units restricted to very-low income. 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. In addition to the developer’s estimated $4.0 million in City fees, RSG anticipates the following fiscal outcomes over a 25-year forecast period, presented in both nominal and real value (2019$) discounted at a 4 percent discount rate:  Approximately $16.9 million ($9.7 million in 2019$) in additional City General Fund revenue, including construction period revenues, recurring site-specific tax, and other Project revenues.  Approximately $167.1 thousand (2019$) in property tax revenue per year, as opposed to the current $11.1 thousand (2019$). The site development would generate approximately $6.7 million ($3.8 million in 2019$) after 25 years. 4-134 2  Over the same 25-year period, the City General Fund expenditures associated with the Project total $4.1 million ($2.2 million in 2019$). As a result, the net new General Fund revenue is projected to be approximately $12.8 million ($7.4 million in 2019$) from the acquisition and development of the Project. The following table summarizes the estimated fiscal impacts attributed to the Project. Year-by year projections are included as an exhibit on page 11 of this report. PROJECT DESCRIPTION The Project site is located on several parcels in downtown Santa Ana where the vacant First American Office building stands, directly across Bush Street from Santa Ana’s Fourth Street Market. The site also includes a parcel across from the First American building on 5th Street, so the development will include two individual apartment buildings, the larger of which will sit on the current First American building site, including retail along 4th and Main and a plaza area on the corner of 4th and Bush. Both buildings will include parking, the larger a two-story structure wrapped by the residential building, and the smaller a ground-level garage. There will be 220 units between the two apartment buildings, the majority of which will be market rate units (209), with the remainder being affordable to very-low income tenants (11). The following chart shows the unit breakdown by size. Revenue Category Nominal NPV 4.0% Property Tax $ 6,682,574 $ 3,806,030 Property Tax In-Lieu 4,356,360 2,481,145 Utility User Tax 1,301,574 708,274 Resident-Derived Sales Tax (Regular) 696,477 38,832 Resident-Derived Sales Tax (2018 Increase) 520,471 - Retail-Derived Sales Tax (Regular) 1,722,085 379,000 Retail-Derived Sales Tax (2018 Increase) 1,286,898 339,687 Business Tax 307,552 167,360 Total Revenues $ 16,873,991 $ 9,658,495 Less City Expenditures $ (4,061,138) $ (2,209,938) NET NEW REVENUE TOTAL $ 12,812,853 $ 7,448,558 25-Year Recurring NET NEW RECURRING GENERAL FUND FISCAL IMPACTS 4th + Main Sources: City of Santa Ana, County of Orange, California State Board of Equalization, ESRI Business Analyst Online, and RSG, Inc. 4-135 3 Central Orange County has seen a recent growth of infill luxury and market rate apartment construction, particularly in areas where office and other commercial uses are no longer viable. In this case, the Project entails development of 209 market-rate apartments and 11 affordable apartments, with 332 parking spaces, and amenities comparable to what is found among many newer apartment complexes built in area. As a part of the application for development with the City, the developer has been asked to provide a fiscal impact analysis of the proposed Project. The City’s fiscal concerns are reasonable given the slow recovery of the Santa Ana General Fund coming out of the Global Financial Crisis. ONE-TIME FEES TO CITY AND SAUSD Based on information from the project budget, the developer anticipates the Project fees due to the City may total $4.0 million, or approximately $18.1 thousand per unit. This includes City development impact fees for transportation, traffic, parks, water and sewer, plan check and permit fees, OCFA fees, and engineering and public works fees. RSG did not include these fees in the forecast of recurring fees. RECURRING FISCAL IMPACTS Property Tax Revenue RSG utilized the current City property tax share as reported by the County of Orange (“County”) Auditor Controller to estimate the City’s share of property tax that would result from development of the Project. The property tax revenues presented in this report are net of any current revenues received from the site (estimated at $5.9 million in 2018-19). The net new assessed value as a result of the Project development is approximately $87.8 million (2019$). The estimated annual property tax revenue upon completion of construction is approximately $167,111 (2019$). 4-136 4 RSG assumed 2 percent inflation on property tax revenues over the 25-year projection period, resulting in $6.7 million ($3.81 million in 2019$) in net new property tax revenues for the City General Fund. Please note discounted projections throughout this report reflect the net present value, or NPV, at a 4 percent discount rate. Property Tax in-lieu of Motor Vehicle License Fee Revenue The City receives property tax in-lieu of motor vehicle license fee (“MVLF”) revenues, as calculated by the County Auditor-Controller. Property tax in-lieu is based on a growth rate in assessed value between 2004-05 and the current year. The City’s growth rate during this period is approximately 56.597 percent. The growth rate is then applied to the City’s MVLF 2004-05 base year value of $19.8 million. As a result of these calculations, the City’s 2018-19 property tax in- lieu is estimated as $31.0 million. The Project is expected to increase the City’s assessed value by approximately 0.42 percent, likely resulting in an increase in net new property tax in lieu of MVLF revenues of approximately $130,132; $4.4 million ($2.5 million in 2019$) over the 25-year projection period. PROPERTY TAX REVENUE 4th + Main Current Assessed Valuation (2018-19)5,858,264$ Proposed Project 93,693,331 Net New Value 87,835,067$ City Property Tax Rate 0.190255615 Property Tax Revenues 167,111$ Source: County of Orange Auditor Controller, RSG, Inc. 4th + Main 2004-05 City Assessed Value 15,979,631,532$ 2013-14 City Assessed Value 25,023,667,349 Growth 56.597% Santa Ana 2004-05 VLF 19,819,113$ Santa Ana 2018-19 VLF 31,036,191 Project Assessed Value 1 105,486,333$ Increase in Assessed Value 0.42% Property Tax In-lieu Revenue 130,832$ 1 Inflated pursuant to the construction schedule PROPERTY TAX IN-LIEU OF MOTOR VEHICLE LICENSE FEES Source: County of Orange Auditor Controller, RSG, Inc. 4-137 5 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. Assumed annual utility expenditures subject to the City’s UUT consist of: Gas at $270 annually ($240 in 2019$), water at $540 annually ($480 in 2019$), electric at $1,351 annually ($1,200 in 2019$), and phone at $878 annually ($780 in 2019$). Based on these assumptions, RSG estimates that utility user tax revenues generated by the Project will be approximately $35,699 per year, or $1.3 million ($708.3 thousand in 2019$) over the 25-year projection period. Resident-Derived Sales Tax The additional residential households in Santa Ana are expected to result in increased sales for retailers and restaurants within the city. RSG obtained average annual household expenditures for households within a 5-minute driving radius of the Project from ESRI Business Analyst Online. By adjusting the household expenditures based on taxable and non-taxable sales, RSG estimates that each household generates approximately $17,000 in taxable sales per year. RSG adjusted this figure to 50 percent as the Project is in close proximity to several significant shopping centers, including Bristol/Sunflower Plaza, Bristol Marketplace, Mainplace Mall, and Downtown Santa Ana, among others, which lie within Santa Ana, however, many other shopping destinations exist in other cities nearby (Orange, Tustin, Garden Grove, Anaheim, Irvine, and Costa Mesa). In 2018, Santa Ana Voters approved a local transactions and use tax, increasing the current 7.75% sales tax by 1.5% until 2029, and then by 1% until 2039, when the tax will expire. The initiative, which was referred to on the ballot as Measure X, was titled the “Santa Ana Neighborhood Safety, Homeless Prevention and Essential City Services Enhancement Measure,” and is expected to generate approximately $60 million dollars annually until 2029, and $40 million dollars annually until 2039. RSG took this increase into consideration when analyzing the affects the new residents will have on the general fund. The total residential derived sales tax revenue from the regular tax rate is approximately $19,103; or $696 thousand ($379 thousand in 2019$) over 25 years. On top of this, the residential derived sales tax revenue from the Measure X increase is $28,654, or $520 thousand ($340 thousand in 2019$) over 25 years. UTILITY USER TAX REVENUE 4th + Main Energy Expenditures per Household 2,950$ Number of Households 220 Total Residential Energy Expenses 649,080$ City Tax Rate 6% City Tax Revenues 35,699$ Sources: City of Santa Ana Energy Information Administration, RSG, Inc. 4-138 6 Retail-Derived Sales Tax The Project also includes 12,500 square feet of retail space. The new businesses operating in this space will also bring in sales tax revenues for the City. Since the Developer does not yet know the exact types of retail tenants that will fill the space, RSG estimated an average of $350 of sales per square foot, which equates to estimated annual sales generated by the new space of $4.3 million (2019$). Retail-derived sales tax is estimated to bring in $1.7 million after 25-years ($937 thousand in 2019$) under the regular City share of sales tax, and an additional $1.3 million ($840 thousand in 2019$) under the Measure X increase. Business Tax The City assesses a business tax on retail, restaurant, and multi-family management companies. Retail and restaurant business taxes are assessed based on annual sales while management company business taxes are assessed based on a base tax rate plus a rate and surcharge per unit. The combined business tax revenues are approximately $7,571, or $308 thousand ($167 thousand in 2019$) over 25 years. Taxable Household Expenditures 17,366$ Number of Households 220 Estimated Transactions within City of Santa Ana 50% City Share of Sales Tax 1% 2018 Sales Tax Increase 1.5% Resident-Derived Sales Tax Revenues (Regular)19,103$ (2018 Increase)28,654$ Source: California State Board of Equalization, RSG, Inc RESIDENT-DERIVED SALES TAX REVENUE 4th + Main RETAIL-DERIVED SALES TAX REVENUE 4th + Main Annual Sales General Retail 4,322,500$ 4,322,500$ City Share of Sales Tax 1% 2018 Sales Tax Increase 2% Retail-Derived Sales Tax Revenues (Regular)47,233$ (2018 Increase)70,850$ Source: California State Board of Equalization, RSG, Inc. 4-139 7 CITY EXPENDITURES RSG utilized the additional population that will stem from people moving into the Project to estimate the total added expenditures to the City General Fund for servicing the Project. Consistent with other recent analyses prepared by RSG on projects in Santa Ana, RSG assumed that each studio would house 1.20 residents, each one-bedroom unit would house 1.75 residents, each two-bedroom unit would house 3 residents, and each three-bedroom unit would house 4.25 residents. Overall, this works out to an average household size of approximately 2.06 residents per unit, which we consider supportable given the unit mix that is more heavily weighted towards one-bedroom configurations. While Santa Ana has a much higher average household size, many of the denser residents live south of 17th Street. By comparison, within a 1-mile radius of this site, average household sizes are approximately 4.56 persons1, which includes both single family and multifamily housing, and an overall larger unit sizes with two or more bedrooms. Rent levels and bedroom sizes are often a driver of occupancy, as the market rate units are expected to rent at the top end of the Santa Ana rental market, we anticipate renters to be more affluent and smaller households than what is found elsewhere in Santa Ana, and more like what exists in newer complexes being constructed today. RSG gathered data from the US Census and ESRI Business Analyst Online to estimate the equivalent full-time 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. Thirty-three 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 54 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 411 persons. RSG identified variable costs, as opposed to fixed costs, by department in the City of Santa Ana FY 2018-19 Adopted Budget. Variable costs are expenditures by the City that increase or decrease based on the residential and employee population. The City Manager and City Attorney offices, for example, are fixed costs that will not vary based on population. Meanwhile, Police and Parks and Recreation departments will experience service increases due to the added population. 1 Source: Housing Profile, ESRI Business Analyst, 2018 Projections BUSINESS TAX REVENUES 4th + Main Multifamily Business Tax Basic Tax Rate 56$ Disability & Education Fee 4 Registration Fee 31 Per Unit Tax Rate 11 Per Unit Rental Surcharge 23 Number of Units 220 Multifamily Business Tax Revenues 7,571$ Sources: City of Santa Ana, RSG, Inc 4-140 8 RSG estimated the added City expenditures as a result of the Project at approximately $111,388. Over a 25-year projection period, the Project will add $4.1 million ($2.2 million in 2019$) in City expenditures. 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 the purpose of this analysis, RSG used the IMPLAN model to measure the economic impacts of the Project using zip code-based data for the city and county. 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 2017 County of Orange dataset to calculate direct, indirect, and induced impacts. The IMPLAN inputs are investment or operating costs 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. The Developer’s total Project cost ($86,115,870), which includes hard and soft costs and excludes the land purchase price, was used to determine temporary economic impacts resulting during construction of the Project. These costs were attributed to residential development, which corresponds to IMPLAN Sector 60, “Construction of new multifamily residential structures.” City Department Current City Expenditures2 Project-derived City Expenditures Total City Expenditures3 Percent Increase City Manager's Office 2,703,450$ -$ 2,703,450$ 0.00% Non-Departmental & Interfund Transfers 15,645,238 - 15,645,238 0.00% Clerk of the Council Office 1,648,822 25 1,648,847 0.00% City Attorney's Office 3,070,448 - 3,070,448 0.00% Personnel Services 1,766,698 90 1,766,788 0.01% Finance & Management Services 5,894,409 213 5,894,622 0.00% Bowers Museum Corporation 1,476,130 - 1,476,130 0.00% Parks, Recreation and Community Services 21,173,178 794 21,173,972 0.00% Police Department 130,482,534 70,774 130,553,308 0.05% Fire Services 52,129,291 28,547 52,157,838 0.05% Planning & Building Agency 12,054,462 23 12,054,485 0.00% Public Works Agency 8,166,538 - 8,166,538 0.00% Community Development Agency 980,107 - 980,107 0.00% Total in FY 2018-19 257,191,306$ 100,466$ 257,291,771$ 0.04% Total in 2022-23 111,388$ 3 Sum of current City expenditures and project-derived City expenditures. 2 Current expenditures are based on adopted expenditures in the City of Santa Ana's FY 2018-19 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 2018-19 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 + Main 4-141 9 RSG analyzed the direct, indirect, and induced effects both during the construction phase (Temporary Impacts) and operations phase (Permanent Impacts). The various types of effects are described below:  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 – Regional changes resulting from additional spending earned either directly or indirectly from the Project. The IMPLAN analysis concludes that the temporary construction component of the Project will result in 420.5 new direct full-time and part-time jobs, 186.4 indirect full-time and part-time jobs, and 216.9 induced full-time and part-time jobs within Santa Ana. The total temporary construction jobs attributed to the Project total nearly 824 full-time and part-time jobs. The permanent impacts attributed to the Project are 68 full-time and part-time jobs related to the operations of both the residential building itself, as well as the retail component of the Project. This includes 49.8 direct full-time and part-time jobs, 7.3 indirect full-time and part-time jobs, and 10.8 induced full-time and part-time jobs within Santa Ana. The following table outlines the full-time and part-time jobs within the City and County boundaries. Temporary (Construction) Jobs Direct 420.5 Indirect 186.4 Induced 216.9 Subtotal 823.8 Permanent Jobs Direct 49.8 Indirect 7.3 Induced 10.8 Subtotal 68 Total Temporary & Permanent Jobs Direct 470.3 Indirect 193.7 Induced 227.7 Total 892 Source: IMPLAN PROJECTED EMPLOYMENT 4th + Main 4-142 10 NON-GENERAL FUND FISCAL IMPACTS Business Improvement District Downtown Santa Ana was established as a Business Improvement District (BID) in 1984. BIDs are assessment districts in which business owners pay special levies that go toward various improvements and promotions of the district, in this case, downtown Santa Ana. The City collects the funds and provides them to Downtown Inc. and Santa Ana Business Council, which coordinate events such as First Saturday Artwalk, 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 Project is located within the BID, so it will 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.  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 business license for the apartments, excluding registration fees, are estimated to be $2,698 annually, 0.25 times of which is $675. The business license for all the retail combined is estimated to be $2,003 annually, excluding registration fees, 1.5 times of which is $3,005. While these funds don’t directly benefit the general fund, they will increase funding going towards these downtown events and promotions, which does ultimately help the City. 4th + Main Project Annual Fees Residential Rentals 675$ Retail Sales 3,005 Total 3,680$ 2019 Total BID Estimates 200,000$ Added by Project 3,680 % Added 1.8% Total BID Revenues 203,680$ Source: Santa Ana Business License Tax Fee Schedules, Toll Brothers BUSINESS IMPROVEMENT DISTRICT FEES 4-143 Property TaxProperty Tax In-LieuUtility User TaxResident-Derived Sales Tax (Regular)Resident-Derived Sales Tax (2018 Increase)Retail-Derived Sales Tax (Regular)Retail-Derived Sales Tax (2018 Increase)Business TaxGross RevenueCity ExpendituresNet New TotalCY1 2020 78,924$ 51,450$ -$ -$ -$ -$ -$ -$ 130,374$ -$ 130,374$ CY2 2021 175,371 114,324 - - - - - - 289,696 - 289,696 CY3 2022 200,694 130,832 35,699 19,103 28,654 47,233 70,850 8,436 541,500 (111,388) 430,112 1 2023 204,708 133,449 36,770 19,676 29,514 48,650 72,975 8,689 554,430 (114,730) 439,700 2 2024 208,802 136,118 37,873 20,266 30,399 50,110 75,164 8,949 567,682 (118,172) 449,510 3 2025212,978 138,840 39,010 20,874 31,311 51,613 77,419 9,218 581,263 (121,717) 459,546 4 2026 217,237 141,617 40,180 21,500 32,251 53,161 79,742 9,494 595,183 (125,369) 469,814 5 2027 221,582 144,449 41,385 22,145 33,218 54,756 82,134 9,779 609,450 (129,130) 480,320 6 2028 226,014 147,338 42,627 22,810 34,215 56,399 84,598 10,072 624,073 (133,004) 491,069 7 2029 230,534 150,285 43,906 23,494 23,494 58,091 58,091 10,375 598,269 (136,994) 461,275 8 2030 235,145 153,290 45,223 24,199 24,199 59,834 59,834 10,686 612,409 (141,103) 471,305 9 2031 239,848 156,356 46,580 24,925 24,925 61,629 61,629 11,006 626,897 (145,337) 481,560 10 2032 244,644 159,483 47,977 25,673 25,673 63,477 63,477 11,337 641,742 (149,697) 492,045 11 2033 249,537 162,673 49,416 26,443 26,443 65,382 65,382 11,677 656,953 (154,188) 502,765 12 2034 254,528 165,926 50,899 27,236 27,236 67,343 67,343 12,027 672,539 (158,813) 513,726 13 2035 259,619 169,245 52,426 28,053 28,053 69,363 69,363 12,388 688,511 (163,578) 524,933 14 2036 264,811 172,630 53,999 28,895 28,895 71,444 71,444 12,759 704,877 (168,485) 536,392 15 2037 270,107 176,083 55,618 29,762 29,762 73,588 73,588 13,142 721,649 (173,539) 548,110 16 2038 275,509 179,604 57,287 30,655 30,655 75,795 75,795 13,537 738,837 (178,746) 560,091 17 2039 281,020 183,196 59,006 31,574 31,574 78,069 78,069 13,943 756,451 (184,108) 572,343 18 2040 286,640 186,860 60,776 32,521 - 80,411 - 14,361 661,569 (189,631) 471,938 19 2041 292,373 190,597 62,599 33,497 - 82,824 - 14,792 676,682 (195,320) 481,361 20 2042 298,220 194,409 64,477 34,502 - 85,308 - 15,235 692,152 (201,180) 490,973 21 2043 304,185 198,298 66,411 35,537 - 87,868 - 15,693 707,991 (207,215) 500,775 22 2044310,268 202,263 68,404 36,603 - 90,504 - 16,163 724,205 (213,432) 510,774 23 2045 316,474 206,309 70,456 37,701 - 93,219 - 16,648 740,806 (219,835) 520,972 24 2046 322,803 210,435 72,570 38,832 - 96,015 - 17,148 757,803 (226,430) 531,373 TOTAL6,682,574$ 4,356,360$ 1,301,574$ 696,477$ 520,471$ 1,722,085$ 1,286,898$ 307,552$ 16,873,991$ (4,061,138)$ 12,812,853$ NPV 4.00% 3,806,030$ 2,481,145$ 708,274$ 379,000$ 339,687$ 937,102$ 839,897$ 167,360$ 9,658,495$ (2,209,938)$ 7,448,558$ Inflation Rate2.0% 2.0% 3.0% 3.0% 3.0% 3.0% 3.0%3.0%3.0% 3.0%Year25-YEAR NET NEW RECURRING FISCAL IMPACT PROJECTIONS4th + Main114-144 12 Figure 1 – Site Plan Source: Toll Brothers Apartment Living 4-145 This page left blank intentionally.