Item 27 - Appeal Application Nos. 2020-03 and 2020-04 - Central Pointe Mixed-Use Development

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jmf 1/05/21 program EIR' ... would be directly contrary to one of the essential purposes of program EIR's, i.e., to streamline environmental review of projects within the scope of a previously completed program EIR. Center for Biological Diversity v. Department of Fish & Wildlife (2015) 234 Cal.AppAth 214, 239 [explaining, in a case involving a program EIR that disclosed significant and unavoidable impacts, "CEQA does not require the Department to engage in a public process when it determines whether the impacts from a site -specific project were addressed and adequately mitigated in the program EIR. And if the Department finds the impacts were addressed, it need not prepare a new environmental document at all"]. Since, the Central Pointe Project is within the scope of the MEMU EIR and will not have any new or more severe impacts than those disclosed therein, the City is not required to prepare a new CEQA document. F. On January 19, 2021, the City Council conducted a duly noticed public hearing on Appeal Application No. 2020-04 and found that: The Housing Opportunity Ordinance (HOO) Chapter 41, Article XVI I I.I was amended on September 1, 2020. While previously, Section 41- 1902(b)(4) applied the HOO to any new project in an overlay zone site plan permitting residential land uses, the recent amendments remove this reference. As amended, the HOO now only applies when a residential project which proposes a residential density above the General Plan permitted density (Sections 1902(a) and (b)). The Central Pointe Mixed -Use project is consistent with the General Plan District Center land use designation. No General Plan Amendment is required for the Project. Therefore, the HOO does not apply. II. Santa Ana Municipal Code Section 41-1607, entitled "Deviations from density bonus and affordable housing provisions," applies to projects seeking a density bonus or waivers and modifications from development standards. The project does not seek a density bonus and complies with the development standards of the Metro East Mixed -Use overlay zone. III. CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which would require major revisions of the previous EIR or SEIR due to the involvement of new significant environmental effects or a Resolution No. 2021-XXX Page 8 of 12