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

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(4) Where the later activities involve site -specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the program EIR. 2.1.2 Applicability of CEQA Guidelines Section 15168 to the Project The Certified EIR meets the definition under Guidelines Section 15168(a) because the Certified EIR analyzed the potential impacts associated with the Overlay Zone, which is a generally applicable plan containing rules, regulations and other general criteria governing a specified geographically contained area. The Certified EIR fully analyzed the potential environmental effects associated with the City's adoption of the Overlay and subsequent foreseeable development within the Overlay Zone. As discussed below, the Project is fully consistent with the Overlay Zone and within the scope of the Certified EIR. The Project Site is located in the Village Center District of the Overlay Zone. Uses allowed in the Village Center District include a mix of commercial, office, and residential in mid -rise buildings of between 4 and 10 stories in a setting that provides open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the Village Center District. The Project meets this description by including development of the Project Site with a mixed -use development including up to 507 residential dwelling units (including apartments, live/work units, and townhomes), approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space in accordance with the Development Standards outlined in Table 1 in the Project Description of the Draft EIR portion of the Certified EIR. As shown in Figure 3, the Project Site would be separated into two distinct areas by a roadway (Parkcourt Place), which would traverse the site east/west. The northern portion of the Project Site would be developed with eight, three-story (37 feet and 1 inch in height) buildings with 58 townhomes arranged around a central open space area. Each townhome would include two, three, or four bedrooms, a parking garage, and private outdoor space. The southern portion of the Project Site would be developed with a five -story mixed -use building arranged around an internal parking structure and one subterranean level that includes residential storage. This building would include 449 apartment units and 26,800 square feet of ground -floor commercial uses, which could include retail, office, and shopkeeper, and would also surround a central open space area. The Project also includes development of pedestrian infrastructure to connect the Project to adjacent land uses. As demonstrated here, the Project would be consistent with the allowable development under the Overlay Zone. Finally, as demonstrated in Section 4 of this technical memorandum, 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. The analysis contained in Section 3 of this technical memorandum demonstrates that pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, there are no Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 479 10/3/2023