Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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southern portion would be developed with a five -story mixed -use building with 449 apartment units and 26,800 square feet of ground -floor commercial uses, which could include retail, office, and shopkeeper, surrounded by a central open space area and a pedestrian infrastructure to connect the Project to adjacent land uses. Therefore, the Project would be consistent with the allowable development under the MEMU. Finally, all applicable mitigation measures from the Certified EIR would be implemented by the Project, and each of the applicable mitigation measures would also be made conditions of approval for the Project. Therefore, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe significant impacts, and there is no new information of substantial importance that has become available that would result in new or more severe significant impacts. Moreover, no subsequent EIR would be required for the Project. Based on the analysis herein and the Certified EIR and the whole of the record, under CEQA Guidelines Section 15168, the Certified EIR adequately described the Project activity for purposes of CEQA. F. On October 3, 2023, the City Council conducted a duly noticed public hearing on Appeal Application No. 2023-03 (SWMSRCC) and found that: I. Requirement of a Local Workforce In April 2022, the City of Santa Ana City Council adopted an ordinance repealing and reenacting the City's inclusionary opportunity ordinance. The City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) became effective in May of 2022. The Ordinance provides provisions for local skilled and trained workforce requirements. Specifically, Section 41-1904 (c) of the SAMC, states that the use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in -lieu fee payment option. Section 41-1904 further states that between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the 15- dollars per square foot in -lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. As previously outlined in this report, the applicant has selected the option to satisfy the AHOCO by paying in -lieu fees in the amount of 15 dollars per square foot. Based on available figures for the project, the project will contribute an estimated $8,043,600 in in -lieu fees, which must be spent on production of affordable housing in the City of Santa Resolution No. 2023-xx City Council 18 — 324 10/ 3 f 24