Loading...
HomeMy WebLinkAboutPacket 7.8.24Planning Commission Regular Meeting Agenda July 8, 2024 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA  Members of the public may attend this meeting in­person or join via Zoom. Join from your computer: https://zoom.us/j/81145086688 Join from your mobile phone via Zoom App. Meeting ID: 81145086688 Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688 *For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30 second delay when viewing the meeting via YouTube. If you plan to provide a public comment during the meeting, please join the meeting via Zoom. For detailed participation and commenting options, please review the instructions provided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title.  BAO PHAM Chair, Ward 1 Representative JENNIFER OLIVA Vice­Chair Ward 6 Representative CHRISTOPHER LEO Citywide Representative MANUEL J. ESCAMILLA Ward 2 Representative CARL BENNINGER Ward 4 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Ward 5 Representative Minh Thai Executive Director Jose Montoya Legal Counsel Ali Pezeshkpour, AICP Planning Manager Nuvia Ocampo Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings. CALL TO ORDER Commissioners: Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo  Executive Director Minh Thai Chief Asst. City Attorney Jose Montoya  Planning Manager Ali Pezeshkpour, AICP Recording Secretary Nuvia Ocampo ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from June 24, 2024. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 28, 2024, and notices were mailed on said date. 1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FOR THE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2005­22­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project.  Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2012­14­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT.  Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No. 2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive­through window services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and 405­272­24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2024­06 for drive­through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­ hours operation, as conditioned. 4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58) Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:     Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and 414­261­01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023­109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title.  BAO PHAM Chair, Ward 1 Representative JENNIFER OLIVA Vice­Chair Ward 6 Representative CHRISTOPHER LEO Citywide Representative MANUEL J. ESCAMILLA Ward 2 Representative CARL BENNINGER Ward 4 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Ward 5 Representative Minh Thai Executive Director Jose Montoya Legal Counsel Ali Pezeshkpour, AICP Planning Manager Nuvia Ocampo Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings. CALL TO ORDER Commissioners: Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo  Executive Director Minh Thai Chief Asst. City Attorney Jose Montoya  Planning Manager Ali Pezeshkpour, AICP Recording Secretary Nuvia Ocampo ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from June 24, 2024. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 28, 2024, and notices were mailed on said date. 1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FOR THE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2005­22­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project.  Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2012­14­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT.  Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No. 2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive­through window services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and 405­272­24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2024­06 for drive­through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­ hours operation, as conditioned. 4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58) Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:     Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and 414­261­01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023­109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAVice­ChairWard 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings. CALL TO ORDER Commissioners: Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo  Executive Director Minh Thai Chief Asst. City Attorney Jose Montoya  Planning Manager Ali Pezeshkpour, AICP Recording Secretary Nuvia Ocampo ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from June 24, 2024. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 28, 2024, and notices were mailed on said date. 1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FOR THE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2005­22­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project.  Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2012­14­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT.  Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No. 2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive­through window services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and 405­272­24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2024­06 for drive­through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­ hours operation, as conditioned. 4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58) Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:     Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and 414­261­01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023­109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAVice­ChairWard 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTSCONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 24, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing: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. Legal notice was published in the OC Reporter on June 28, 2024, and notices were mailed on said date. 1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FOR THE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2005­22­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT.  Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:     Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition to beer and wine, for off­site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project.  Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2012­14­ MOD­1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT.  Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No. 2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive­through window services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and 405­272­24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2024­06 for drive­through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­ hours operation, as conditioned. 4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58) Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:     Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and 414­261­01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023­109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAVice­ChairWard 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTSCONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 24, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on June 28, 2024, andnotices were mailed on said date.1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FORTHE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREETLOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project.Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2005­22­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FORTHE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATEDWITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project. Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2012­14­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control. 3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT.  Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No. 2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive­through window services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and 405­272­24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2024­06 for drive­through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­ hours operation, as conditioned. 4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58) Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:     Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and 414­261­01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023­109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAVice­ChairWard 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTSCONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 24, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on June 28, 2024, andnotices were mailed on said date.1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FORTHE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREETLOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project.Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2005­22­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FORTHE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATEDWITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project. Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2012­14­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USEPERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THEBRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT. Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) onbehalf of Charles Manh (Property Owner)Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No.2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction ofa new eating establishment (Raising Cane’s Chicken Fingers) with drive­throughwindow services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). Thesubject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and405­272­24, which will be merged as part of a ministerial review process.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from additional review pursuant to Section 15303 (Class 3 – NewConstruction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filedfor this project.Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2024­06 fordrive­through window service, as conditioned.2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­hours operation, as conditioned.4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTYLOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTERDRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTERDRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58)Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant)Proposed Project:     Applicant is requesting approval of Zoning OrdinanceAmendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) toestablish permitted and conditionally permitted light industrial land uses, accompanyingdevelopment standards, as well as additional zoning text updates, in order to facilitatethe construction of three industrial buildings, approximately 112,230 square feet,121,645 square feet, and 79,369 square feet in size, for a new industrial parkdevelopment (“South Coast Technology Center”). The subject site is comprised ofseveral parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and414­261­01.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines(Projects Consistent with a Community Plan or Zoning). Environmental Review No.2023­109 will be filed for this project.Recommended Actions:1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024­01 modifying various sections of the Specific Development No. 58 (SD­58) zoning district. Administrative Matters 5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­ 2025 TERM. Recommended Actions: Elect a Chairperson for the 2024­2025 term. Elect a Vice Chairperson for the 2024­2025 term. *End of Business Calendar* STAFF COMMENTS Update on Comprehensive Zoning Code Update Workshops  COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning CommissionRegular Meeting AgendaJuly 8, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting in­person or join via Zoom.Join from your computer: https://zoom.us/j/81145086688Join from your mobile phone via Zoom App. Meeting ID: 81145086688Dial in from a mobile phone or landline.(669) 900­ 6833; Meeting ID:  81145086688*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAVice­ChairWard 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTSCONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 24, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on June 28, 2024, andnotices were mailed on said date.1.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005­22 FORTHE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREETLOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2005­22 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project.Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2005­22­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.2.MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012­14 FORTHE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATEDWITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT. Project Applicant:      Beth Aboulafia with Hinman and Carmichael, LLP. andrepresenting Target Corporation (Applicant/Property Owner)Proposed Project:     Applicant is requesting approval of modification of existingConditional Use Permit No. 2012­14 to allow the sale of distilled spirits, in addition tobeer and wine, for off­site consumption at an existing Target retail store.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (class1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will befiled for this project. Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2012­14­MOD­1 as conditioned, and2. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.3.CONDITIONAL USE PERMIT (CUP) NO. 2024­06 AND CONDITIONAL USEPERMIT (CUP) NO. 2024­07 FOR THE PROPERTY LOCATED AT 1303NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THEBRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT. Project Applicant:      Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) onbehalf of Charles Manh (Property Owner)Proposed Project:     Applicant requests approval of Conditional Use Permit (CUP) No.2024­06 and Conditional Use Permit (CUP) No. 2024­07 to allow for the construction ofa new eating establishment (Raising Cane’s Chicken Fingers) with drive­throughwindow services and after­hours operation (between 12:00 a.m. and 5:00 a.m.). Thesubject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405­272­21 and405­272­24, which will be merged as part of a ministerial review process.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from additional review pursuant to Section 15303 (Class 3 – NewConstruction) of the CEQA guidelines. Environmental Review No. 2023­72 will be filedfor this project.Recommended Actions:1. Adopt a resolution approving Conditional Use Permit No. 2024­06 fordrive­through window service, as conditioned.2. Adopt a resolution approving Conditional Use Permit No. 2024­07 for after­hours operation, as conditioned.4.ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024­01 FOR PROPERTYLOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTERDRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTERDRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD­58)Project Applicant:      Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant)Proposed Project:     Applicant is requesting approval of Zoning OrdinanceAmendment (ZOA) No. 2024­01 modifying Specific Development No. 58 (SD­58) toestablish permitted and conditionally permitted light industrial land uses, accompanyingdevelopment standards, as well as additional zoning text updates, in order to facilitatethe construction of three industrial buildings, approximately 112,230 square feet,121,645 square feet, and 79,369 square feet in size, for a new industrial parkdevelopment (“South Coast Technology Center”). The subject site is comprised ofseveral parcels, including Assessor’s Parcel Nos. (APNs) 414­272­09, 414­272­10, and414­261­01.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines(Projects Consistent with a Community Plan or Zoning). Environmental Review No.2023­109 will be filed for this project.Recommended Actions:1. Recommend that the City Council adopt an ordinance approvingZoning Ordinance Amendment (ZOA) No. 2024­01 modifying varioussections of the Specific Development No. 58 (SD­58) zoning district.Administrative Matters5.ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024­2025 TERM.Recommended Actions:Elect a Chairperson for the 2024­2025 term.Elect a Vice Chairperson for the 2024­2025 term.*End of Business Calendar*STAFF COMMENTSUpdate on Comprehensive Zoning Code Update Workshops COMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on July 22, 2024 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.APPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the ten­dayappeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645holds a public hearing on the matter, then the formal action will become effective on the dayfollowing the hearing and decision by the City Council. An appeal from the decision orrequirement of the Planning Commission may be made by any interested party, individual, orgroup. The appeal must be filed with the Clerk of the Council, accompanied by the requiredfiling fee, and a copy sent to the Planning Department, within ten days of the date of theCommission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observedholiday or a day when City hall is closed, the final day to appeal shall be extended to the nextday City Hall is open for public business. Please note: Under California Government CodeSec. 65009, if you challenge in court any of the matters on this agenda for which a publichearing is to be conducted, you may be limited to raising only those issues which you (orsomeone else) raised orally at the public hearing or in written correspondence received bythe Planning Commission or City Council at or before the hearing.MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.     Planning Commission Regular Meeting Agenda Minutes June 24, 2024 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA  Bao Pham  Chair, Ward 1 Representative Jennifer Oliva Vice­Chair, Ward 6 Representative Christopher Leo  Citywide Representative Manuel J. Escamilla Ward 2 Representative Carl Benninger Ward 4 Representative Isuri S. Ramos Ward 3 Representative Alan Woo Ward 5 Representative Minh Thai Executive Director Jose Montoya Legal Counsel Ali Pezeshkpour, AICP Planning Manager Nuvia Ocampo Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings. CALL TO ORDER Commissioners: Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo  Executive Director Minh Thai Chief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICP Recording Secretary Nuvia Ocampo ROLL CALL Minutes: Quorum was reached at 5:35 PM with Chair Pham arriving at 5:38 PM and Commissioner Escamilla arriving at 5:39 PM. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Minutes: None. CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from June 10, 2024. b.Excused Absences Recommended Action: Excuse absent commissioners. Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Minutes from June 10, 2024. YES: 4 – Isuri Ramos, Alan Woo, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Bao Pham, Christopher Leo, Manuel J. Escamilla Status: 4 – 0 – 0 – 3 – Pass Moved by Commissioner Benninger, seconded by Commissioner Oliva to Approve excused absence from Commissioner Leo. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 14, 2024  and notices were mailed on said date.  1.CONDITIONAL USE PERMIT NO. 2024­05 FOR THE PROPERTY LOCATED AT 1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT.  Project Applicant:      Darian Radac with Novum Architecture, Inc. (Applicant) on behalf of Spiros Politis (Property Owner) Proposed Project:     Applicant is requesting approval of Conditional Use Permit No. 2024­05 to develop a new eating establishment (Tom’s Jr.) with drive­through window service, at an existing commercial site developed with a standalone pad building and previously occupied by an eating establishment. The overall project would include a reduction in the gross floor area of the existing building, a new drive­through lane, and various onsite improvements. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 – Existing Facilities) Environmental Review No. 2023­32, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 2024­05, as conditioned. Minutes: Commission had questions for staff.  Staff answered questions from Commission. Commissioner Escamilla requested a condition of approval requiring the applicant to work with staff to modify the proposed landscaping plan as per his comments.  Moved by Commissioner Escamilla, seconded by Commissioner Ramos to Approve. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff.  ADJOURNMENT The next meeting of the Planning Commission will be on July 08, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6:19 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.  1 Planning Commission 6/24/2024     Planning CommissionRegular Meeting Agenda MinutesJune 24, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Bao Pham Chair, Ward 1 RepresentativeJennifer OlivaVice­Chair,Ward 6 Representative Christopher Leo Citywide RepresentativeManuel J. EscamillaWard 2 Representative Carl BenningerWard 4 RepresentativeIsuri S. RamosWard 3 Representative Alan WooWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings. CALL TO ORDER Commissioners: Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo  Executive Director Minh Thai Chief Asst. City Attorney Jose Montoya Planning Manager Ali Pezeshkpour, AICP Recording Secretary Nuvia Ocampo ROLL CALL Minutes: Quorum was reached at 5:35 PM with Chair Pham arriving at 5:38 PM and Commissioner Escamilla arriving at 5:39 PM. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Minutes: None. CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from June 10, 2024. b.Excused Absences Recommended Action: Excuse absent commissioners. Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Minutes from June 10, 2024. YES: 4 – Isuri Ramos, Alan Woo, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Bao Pham, Christopher Leo, Manuel J. Escamilla Status: 4 – 0 – 0 – 3 – Pass Moved by Commissioner Benninger, seconded by Commissioner Oliva to Approve excused absence from Commissioner Leo. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 14, 2024  and notices were mailed on said date.  1.CONDITIONAL USE PERMIT NO. 2024­05 FOR THE PROPERTY LOCATED AT 1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT.  Project Applicant:      Darian Radac with Novum Architecture, Inc. (Applicant) on behalf of Spiros Politis (Property Owner) Proposed Project:     Applicant is requesting approval of Conditional Use Permit No. 2024­05 to develop a new eating establishment (Tom’s Jr.) with drive­through window service, at an existing commercial site developed with a standalone pad building and previously occupied by an eating establishment. The overall project would include a reduction in the gross floor area of the existing building, a new drive­through lane, and various onsite improvements. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 – Existing Facilities) Environmental Review No. 2023­32, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 2024­05, as conditioned. Minutes: Commission had questions for staff.  Staff answered questions from Commission. Commissioner Escamilla requested a condition of approval requiring the applicant to work with staff to modify the proposed landscaping plan as per his comments.  Moved by Commissioner Escamilla, seconded by Commissioner Ramos to Approve. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff.  ADJOURNMENT The next meeting of the Planning Commission will be on July 08, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6:19 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.  2 Planning Commission 6/24/2024     Planning CommissionRegular Meeting Agenda MinutesJune 24, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Bao Pham Chair, Ward 1 RepresentativeJennifer OlivaVice­Chair,Ward 6 Representative Christopher Leo Citywide RepresentativeManuel J. EscamillaWard 2 Representative Carl BenningerWard 4 RepresentativeIsuri S. RamosWard 3 Representative Alan WooWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 PM with Chair Pham arriving at 5:38 PM andCommissioner Escamilla arriving at 5:39 PM.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 10, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveMinutes from June 10, 2024.YES: 4 – Isuri Ramos, Alan Woo, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Bao Pham, Christopher Leo, Manuel J. Escamilla Status: 4 – 0 – 0 – 3 – Pass Moved by Commissioner Benninger, seconded by Commissioner Oliva to Approve excused absence from Commissioner Leo. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: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. Legal notice was published in the OC Reporter on June 14, 2024  and notices were mailed on said date.  1.CONDITIONAL USE PERMIT NO. 2024­05 FOR THE PROPERTY LOCATED AT 1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT.  Project Applicant:      Darian Radac with Novum Architecture, Inc. (Applicant) on behalf of Spiros Politis (Property Owner) Proposed Project:     Applicant is requesting approval of Conditional Use Permit No. 2024­05 to develop a new eating establishment (Tom’s Jr.) with drive­through window service, at an existing commercial site developed with a standalone pad building and previously occupied by an eating establishment. The overall project would include a reduction in the gross floor area of the existing building, a new drive­through lane, and various onsite improvements. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 – Existing Facilities) Environmental Review No. 2023­32, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 2024­05, as conditioned. Minutes: Commission had questions for staff.  Staff answered questions from Commission. Commissioner Escamilla requested a condition of approval requiring the applicant to work with staff to modify the proposed landscaping plan as per his comments.  Moved by Commissioner Escamilla, seconded by Commissioner Ramos to Approve. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff.  ADJOURNMENT The next meeting of the Planning Commission will be on July 08, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6:19 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.  3 Planning Commission 6/24/2024     Planning CommissionRegular Meeting Agenda MinutesJune 24, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Bao Pham Chair, Ward 1 RepresentativeJennifer OlivaVice­Chair,Ward 6 Representative Christopher Leo Citywide RepresentativeManuel J. EscamillaWard 2 Representative Carl BenningerWard 4 RepresentativeIsuri S. RamosWard 3 Representative Alan WooWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 PM with Chair Pham arriving at 5:38 PM andCommissioner Escamilla arriving at 5:39 PM.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 10, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveMinutes from June 10, 2024.YES: 4 – Isuri Ramos, Alan Woo, Jennifer Oliva, Carl BenningerNO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Bao Pham, Christopher Leo, Manuel J. EscamillaStatus: 4 – 0 – 0 – 3 – PassMoved by Commissioner Benninger, seconded by Commissioner Oliva to Approveexcused absence from Commissioner Leo.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, CarlBenningerNO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher LeoStatus: 6 – 0 – 0 – 1 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on June 14, 2024  andnotices were mailed on said date. 1.CONDITIONAL USE PERMIT NO. 2024­05 FOR THE PROPERTY LOCATED AT1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1)ZONING DISTRICT. Project Applicant:      Darian Radac with Novum Architecture, Inc. (Applicant) on behalfof Spiros Politis (Property Owner)Proposed Project:     Applicant is requesting approval of Conditional Use Permit No.2024­05 to develop a new eating establishment (Tom’s Jr.) with drive­through windowservice, at an existing commercial site developed with a standalone pad building andpreviously occupied by an eating establishment. The overall project would include areduction in the gross floor area of the existing building, a new drive­through lane, andvarious onsite improvements.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from further review pursuant to Section 15301 of the CEQAGuidelines (Class 1 – Existing Facilities) Environmental Review No. 2023­32, will befiled for this project.Recommended Action:Adopt a resolution approving Conditional Use Permit No. 2024­05, asconditioned.Minutes: Commission had questions for staff. Staff answered questions from Commission.Commissioner Escamilla requested a condition of approval requiring the applicant to work with staff to modify the proposed landscaping plan as per his comments.  Moved by Commissioner Escamilla, seconded by Commissioner Ramos to Approve. YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher Leo Status: 6 – 0 – 0 – 1 – Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff.  ADJOURNMENT The next meeting of the Planning Commission will be on July 08, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6:19 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten­day appeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645 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. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.  4 Planning Commission 6/24/2024     Planning CommissionRegular Meeting Agenda MinutesJune 24, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Bao Pham Chair, Ward 1 RepresentativeJennifer OlivaVice­Chair,Ward 6 Representative Christopher Leo Citywide RepresentativeManuel J. EscamillaWard 2 Representative Carl BenningerWard 4 RepresentativeIsuri S. RamosWard 3 Representative Alan WooWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santa­ana.org/city­meetings.CALL TO ORDER Commissioners: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 PM with Chair Pham arriving at 5:38 PM andCommissioner Escamilla arriving at 5:39 PM.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from June 10, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveMinutes from June 10, 2024.YES: 4 – Isuri Ramos, Alan Woo, Jennifer Oliva, Carl BenningerNO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Bao Pham, Christopher Leo, Manuel J. EscamillaStatus: 4 – 0 – 0 – 3 – PassMoved by Commissioner Benninger, seconded by Commissioner Oliva to Approveexcused absence from Commissioner Leo.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, CarlBenningerNO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher LeoStatus: 6 – 0 – 0 – 1 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on June 14, 2024  andnotices were mailed on said date. 1.CONDITIONAL USE PERMIT NO. 2024­05 FOR THE PROPERTY LOCATED AT1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1)ZONING DISTRICT. Project Applicant:      Darian Radac with Novum Architecture, Inc. (Applicant) on behalfof Spiros Politis (Property Owner)Proposed Project:     Applicant is requesting approval of Conditional Use Permit No.2024­05 to develop a new eating establishment (Tom’s Jr.) with drive­through windowservice, at an existing commercial site developed with a standalone pad building andpreviously occupied by an eating establishment. The overall project would include areduction in the gross floor area of the existing building, a new drive­through lane, andvarious onsite improvements.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from further review pursuant to Section 15301 of the CEQAGuidelines (Class 1 – Existing Facilities) Environmental Review No. 2023­32, will befiled for this project.Recommended Action:Adopt a resolution approving Conditional Use Permit No. 2024­05, asconditioned.Minutes: Commission had questions for staff. Staff answered questions from Commission.Commissioner Escamilla requested a condition of approval requiring theapplicant to work with staff to modify the proposed landscaping plan as per hiscomments. Moved by Commissioner Escamilla, seconded by Commissioner Ramos toApprove.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva,Carl BenningerNO: 0 –  ABSTAIN: 0 –  ABSENT: 1 – Christopher LeoStatus: 6 – 0 – 0 – 1 – Pass*End of Business Calendar*STAFF COMMENTSMinutes: Staff had comments for Commission.COMMISSIONER COMMENTSMinutes: Commission had comments for staff. ADJOURNMENTThe next meeting of the Planning Commission will be on July 08, 2024 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.Minutes: Meeting was adjourned at 6:19 PM.APPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the ten­dayappeal period, unless the City Council in compliance with section 41­643, 41­644 or 41­645holds a public hearing on the matter, then the formal action will become effective on the dayfollowing the hearing and decision by the City Council. An appeal from the decision orrequirement of the Planning Commission may be made by any interested party, individual, orgroup. The appeal must be filed with the Clerk of the Council, accompanied by the requiredfiling fee, and a copy sent to the Planning Department, within ten days of the date of theCommission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observedholiday or a day when City hall is closed, the final day to appeal shall be extended to the nextday City Hall is open for public business. Please note: Under California Government CodeSec. 65009, if you challenge in court any of the matters on this agenda for which a publichearing is to be conducted, you may be limited to raising only those issues which you (orsomeone else) raised orally at the public hearing or in written correspondence received bythe Planning Commission or City Council at or before the hearing.MEETING INFORMATIONIf you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E­mail PBAecomments@santa­ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record.  5 Planning Commission 6/24/2024     Planning and Building Agency July 8, 2024 Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit No. 2005-22-MOD-1 – Target ABC License Modification (1441 West Seventeenth Street) RECOMMENDED ACTION 1. Adopt a resolution approving modification to Conditional Use Permit No. 2005-22 as conditioned; and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. EXECUTIVE SUMMARY Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Applicant and Property Owner), is requesting approval of a modification to Conditional Use Permit (CUP) No. 2005-22 (CUP No. 2005-22-MOD-1) and approval to make a determination of Public Convenience or Necessity (PCN) to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption through the operation of a Type-21 Alcoholic Beverage Control (ABC) license, at an existing Target retail store located at 1441 West Seventeenth Street. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for off-premises consumption require approval of a CUP and, in accordance with Section 41-649 of the SAMC, a modification to a CUP requires refiling of a new application and approval by the Planning Commission. In addition, in accordance with Section 41- 645.5 of the SAMC and Section 23958.4 of the Business and Professional Code, a determination of PCN is required for the proposed CUP modification. Staff is recommending approval of the applicant’s request because the site is located away from sensitive land uses and the property’s history of compliance with City codes and regulations. Furthermore, the project is anticipated to serve the public’s convenience by offering a convenient one-stop, full department store experience without resulting in detrimental impacts to the surrounding neighborhood. DISCUSSION Project Description The applicant is requesting approval of a modification to CUP No. 2005-22 to allow the sale of distilled spirits for off-premises consumption, in addition to the existing sale of beer and wine, by upgrading from a Type-20 to a Type-21 ABC license, at an existing Target store located 1441 West Seventeenth Street. Target currently occupies an existing 122,751-square foot commercial building within a planned shopping center located at the northwest corner of Seventeenth Street and Bristol Street. If the CUP modification request is approved, Target will upgrade the interior retail service area of the store to expand their alcohol beverage display area to approximately 244-square feet in size to allow for the additional display of distilled spirits. No additional improvements are being proposed at this time. The hours of operation will continue to be Monday     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 2 4 3 6 1 through Sunday from 8:00 a.m. to 10:00 p.m. After-hours operations are not being requested at this time. Table 1: Project and Location Information Table 2: Operational Standards Standards Permissible by SAMC Proposed Hours of Operation for Alcohol Sales Monday through Sunday from 7:00 a.m. to 12:00 a.m. (midnight), unless extended by a separate after-hours CUP Monday through Sunday from 8:00 a.m. to 10:00 p.m.; Complies Window Display 25% of Window Coverage Complies Project Background The project site was developed in 1995 as a Home Base home improvement retail store. In 2003, an addition was constructed to increase the square footage of the existing commercial building and interior improvements were also conducted in order to facilitate the operation of a new Target retail store. Throughout the years, the site has continued to be improved with roof-mounted solar equipment, signage upgrades, multiple tenant improvements, and two exterior façade remodels. On November 28, 2005, the Planning Commission approved Resolution No. 2005-18 allowing the sale of beer and wine for off-premises consumption. On September 25, 2023, the applicant submitted the subject application to the Planning Division to modify the existing CUP to allow the sale of distilled spirts for off-premises consumption in order to provide an additional service to its customers and become a one-stop department store. Item Information Project Address and Council Ward 1441 West Seventeenth Street – Ward 3 Nearest Intersection Seventeenth Street and Bristol Street General Plan Designation General Commercial (GC) Zoning Designation General Commercial (C2) North Mendez Fundamental Intermediate School East Commercial South Santa Ana College Surrounding Land Uses West Commercial Property Size 7.69 acres (334,976 sq. ft.) Existing Site Development The subject site is developed with a 122,751 sq. ft. building currently occupied by Target and Starbucks, and a surface parking lot with 1,656 shared parking spaces. Unit Size 122,751 sq. ft. Use Permissions Allowed with approval of a CUP Uses SAMC sections 41-196(f), 41-365(a), & 41-649 Zoning Code Sections Affected Operational Standards SAMC Section 41-196(f) Census Tract No.753.02Census Tract and ABC License Information No. of Allowed and Existing Licenses (off-sale)2 Allowed & 4 Existing     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 3 4 3 6 1 Target currently operates at three locations in Santa Ana. The Target store located at 1330 East Seventeenth Street currently sells beer, wine, and distilled spirits for off-premises consumption as CUP No. 2023-04 was approved by the Planning Commission on April 10, 2023. At this time, the remaining Target stores located at 3300 South Bristol Street and 1441 West Seventeenth Street, hold a Type-20 ABC license, but are concurrently seeking approval to allow for the operation of a Type-21 ABC license upgrade, so all Santa Ana Targets can offer the same assortment of alcoholic beverages for off-premises consumption. Since the application was submitted, staff has been working with the applicant, ABC, Code Enforcement and the Police Department to address any potential adverse impacts associated with the sale of alcoholic beverages for off-premises consumption. Project Analysis Conditional Use Permit Analysis: CUP requests are governed by Section 41-638 of the SAMC. Additionally, CUP modification requests are governed by Section 41-649 of the SAMC. CUPs and CUP modifications may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of alcoholic beverages for off-premises consumption and has determined that the sale of alcoholic beverages for off- premises consumption at the subject location will not be detrimental to the health, safety, and welfare of the community. The proposed sale of alcoholic beverages for off-premises consumption at the proposed location will provide an ancillary service to Target’s customers by allowing them the ability to purchase a wider variety of alcoholic beverages with other products. This would allow Target to remain economically viable and complete with nearby stores offering the same type of services. The operational standards applied to the ABC license, per Section 41-196(f) of the SAMC, will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. The subject site is located in the Marketplace Bristol shopping center, which is primarily surrounded by other commercial uses. Although Target abuts the Mendez Fundamental Intermediate School, approximately 545 linear feet to the north, the orientation of the primary entrances of both buildings face in opposite directions, further enhancing the separation between the existing land uses. Santa Ana College is approximately 800 linear feet to the south of the property and across Seventeenth Street. The subject property is not located in close proximity to any public playgrounds or parks. The establishment will comply with the operational standards set forth in Section 41-196(f) of the SAMC, thereby mitigating impacts to public health, safety, and welfare. Lastly, the City has not received any complaints or issued any notice of violations to the property owner or previous tenants. Therefore, staff recommends approval of the proposed CUP. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 1.1 of the Land Use Element of the General Plan (LU-1.1) encourages development that is compatible with and supporting of surrounding land uses. A commercial establishment with primary retail at this location will be compatible with the surrounding businesses as it supports the     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 4 4 3 6 1 residential environment by providing an increase to the ancillary alcohol selection within the market section already provided by Target. Target is committed to offering employment opportunities (LU-2.1) for the surrounding community, and with an increase to the market section, more opportunities are provided. The community will benefit both from the convenience of having access to an increase in product selection that is within walking distance from the surrounding neighborhood (LU-3.1 and 4.1), and by alcohol being sold at an established department store that is in sound compliance with all local and State ABC regulations. The proposed Target operations are consistent with Policy LU-3.7 that calls for promoting a balance of land uses to address basic community needs, while maintain a clean and safe environment for Santa Ana’s residents, workers, and visitors. Furthermore, Policy LU-2.2 encourages a range of commercial uses to capture a greater share of local spending. The sale of alcohol beverages for off-premises consumption at this site will provide an additional location in Santa Ana where residents can purchase alcohol which will ensure local spending. Public Convenience or Necessity Analysis: PCN requests are governed by Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code. A PCN determination is required for this project because Target is located in a census tract where the ratio of existing retail off-premises alcohol licenses to population in the census tract exceeds the ratio of retail off-premises alcohol licenses to population in the county, resulting in an over concentration as determined by ABC. Target is located in Census Tract No. 753.02, which ABC allows a maximum of two off-premises alcohol licenses, while there are currently four active licenses per ABC. Per ABC, an “undue concentration” would occur if more than two off-premises licenses are within this census tract. It is important to note that, if CUP No. 2005-22-MOD-1 is approved, the existing Type-20 ABC license currently being operated by Target will be surrendered once the Type-21 ABC license is approved and processed by ABC and the Census Tract will continue to have a total of four ABC licenses. Table 3 below and Exhibit 6 identify the location of the existing off-premises alcohol licenses. The licensed establishments are located intermittently throughout the census tract, with the closest licensed premises (Smart & Final), approximately 0.1 miles from Target. Table 3: Off-Premises ABC Licenses within Census Tract No. 753.02 Premises Location License Type Distance (1) Parks Dairy 1927 West Seventeenth Street Type 20 0.6 miles (2) CVS Pharmacy 1545 West Seventeenth Street Type 21 0.2 miles (3) Smart & Final 1523 West Seventeenth Street Type 21 0.1 miles (4) Target 1441 West Seventeenth Street Type 20 0.0 miles PCN requests are governed by Section 41-645.5 of the SAMC, and certain findings must be made in order to grant the PCN. Conversely, the inability to make these findings would result in a denial. Target has demonstrated civic participation by taking additional steps to seek community input via substantial notification efforts to the surrounding neighborhood. Target and staff both contacted the representatives of the Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request, and no objections were received. Target will mitigate any potential detrimental effects, should any arise, by enforcing policies protocols, and alcohol-related training initiatives, to ensure that alcohol sales are handled in a responsible manner to deter crime, loitering, and     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 5 4 3 6 1 any other activity that could be detrimental to the surrounding community. The addition of distilled spirits would add a substantial convenience to the surrounding community by adding to the food options at the existing market section of the store. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off-sale alcoholic beverage establishments nearby. The proposed sale of alcoholic beverages for off-premises consumption would improve the overall functions of the business by enhancing the complete department store experience. Over 95- percent of the Target stores in California sell alcoholic beverages, and Target corporation implements its own policies to ensure the safe and responsible handling and sale of alcoholic beverages from its department stores. Although there are other establishments selling alcoholic beverages for off-premises consumption nearby, none of those establishments offer the same complete department store shopping opportunities as Target. The addition of alcoholic beverages for off-premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. Because of this, staff recommends that the Planning Commission grant a determination of PCN and authorize staff to issue a Letter of PCN to ABC. Police Department Analysis: The Police Department has reviewed this request and has no concerns, as the operational standards applicable to off-premises ABC licenses will mitigate any potential impacts to the surrounding community. The Police Department reviews such applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application.     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 6 4 3 6 1 Table 4: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 123; ranked 23 out of 102 Police Reporting Grids (22nd percentile). Threshold for High Crime This reporting district is below the 20 percent threshold established by the State for high crime Police Department Recommendation As part of the review approval process, this application was analyzed by the Santa Ana Police Department. Based on its review, the Police Department has no issues of concern regarding this application. The Police Department is satisfied with the operational standards applicable for a premise upgrade to Type 21 ABC license and conclude that the conditions set forth will mitigate any potential negative impact to the surrounding community, and therefore does not oppose the granting of a CUP modification. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 7. As part of the community outreach, Target and staff both contacted representatives of Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption at an existing Target store located at 1441 West Seventeenth Street. As such, a new Notice of Exemption (NOE) will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action.     Modification to CUP No. 2005-22 – Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 7 4 3 6 1 EXHIBIT(S) 1. Resolution for CUP No. 2005-22-MOD-1 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plan 6. Map of Off-Premises ABC Licenses within Census Tract No. 753.02 7. Copy of Public Notices Submitted By: Matthew Kilroy, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency     Resolution No. 2024-XXX Page 1 of 8 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2005-22 (CUP NO. 2005-22-MOD-1) AS CONDITIONED AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF DISTILLED SPIRITS, IN ADDITION TO BEER AND WINE, FOR OFF- PREMISES CONSUMPTION FOR THE TARGET STORE LOCATED AT 1441 WEST SEVENTEENTH STREET 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. Beth Aboulafia with Hinman and Carmichael, LLP., representing Target Corporation (“Applicant” and “Property Owner”), is requesting approval of a modification to Conditional Use Permit (“CUP”) No. 2005-22 (“CUP No. 2005-22-MOD-1”) to modify an existing CUP and approval to make a determination of Public Convenience or Necessity (“PCN”) to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 1441 West Seventeenth Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-196 requires approval of a CUP for establishments wishing to sell alcoholic beverages for off-premises consumption. C. SAMC Section 41-649 requires approval of a modification of an approved CUP. D. On November 28, 2005, the Planning Commission adopted Resolution No. 2005-18 approving CUP No. 2005-22 allowing the sale of beer and wine for off-premises consumption at 1441 West Seventeenth Street. E. SAMC Section 41-645.5, and California Business and Professions Code Section 23958.4, requires a determination of PCN when a request for the sale of alcoholic beverages for off-premises consumption is located within an area deemed to have an undue concentration of off-premises alcohol licenses as determined by the Department of Alcoholic Beverage Control (“ABC”).     Resolution No. 2024-XXX Page 2 of 8 F. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2005-22-MOD-1. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 1441 West Seventeenth Street: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject location will provide an ancillary service to Target’s customers by allowing them the ability to purchase alcoholic beverages with other products. This will thereby benefit the community by providing an additional establishment that will provide goods and services via a one-stop store. Operational standards applicable to the ABC license, pursuant to SAMC Section 41-196(f), and conditions of approval will mitigate any potential impacts created by the use and will 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 sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site 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 ABC license, pursuant to Section 41-196(f) of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. The City has not received any complaints or issued any notice of violations to the property owner or previous tenants. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site will not adversely affect the     Resolution No. 2024-XXX Page 3 of 8 economic stability of the area, but will instead allow Target to compete with other nearby stores that offer a full selection of alcoholic beverages for sale to their customers. The offering of alcoholic beverages for off-premises consumption will allow Target to remain economically viable and will contribute to the overall success of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption will be in compliance with all applicable regulations and operational standards imposed on an establishment selling alcoholic beverages for off-premises consumption pursuant to Chapter 41 of the SAMC. The establishment will be maintained as a commercial building with primary retail, having suitable storage facilities and supplying an assortment of essential goods. Moreover, operational standards, pursuant to Section 41-196(f) of the SAMC, and conditions of approval, will ensure the establishment 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 sale of distilled spirits, in addition to beer and wine, for off- premises consumption at the subject site will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2005-22-MOD-1 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element (LU) encourages a range of commercial uses to capture a greater share of local spending and employment opportunities The sale of alcoholic beverages at the subject site will provide Target’s customers with a one-stop store service which will contribute to capturing local spending. Policy LU-2.7 supports land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. The granting of CUP No. 2005-22-MOD-1 will ensure Target remains competitive with other stores offering similar services in other cities, therefore ensuring Target’s retention in Santa Ana. Lastly, Policy LU-4.1 encourages complete neighborhoods by creating a mix of complementary uses, community services, and places within a walkable area. The additional sales of distilled spirits for off-premises     Resolution No. 2024-XXX Page 4 of 8 consumption will create a one-stop store within walking distance for residents residing in the general vicinity of Target. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to determine a PCN pursuant to SAMC Section 41-645.5, have been established for CUP No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 1441 West Seventeenth Street: 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption will not be detrimental to the character of development in the immediate neighborhood. Target is a full-scale department store located in an integrated shopping center that is designed to minimize intrusion into surrounding neighborhoods. The primary entrance to the store is located on the south side of the building and faces away from any sensitive land uses nearby. Moreover, operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the immediate neighborhood. The granting of CUP No. 2005-22-MOD-1 will be in harmony with the overall objective of the General Plan as stated in Section 1.G.5. above. 2. The economic benefit outweighs the negative impacts to the community as whole. The economic benefit associated with the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site will outweigh any potential negative impacts to the community as a whole. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption will positively affect the economic welfare of the community by adding a service to an existing department store with grocery store located within its existing operations. The additional service will offer additional community services at an existing department store with its own policies and standards for the sale of alcoholic beverages, which complement policies and standards imposed by State ABC, and generates additional sale tax revenue for the City. 3. The issuance of the license will provide a needed service not currently being met in the community.     Resolution No. 2024-XXX Page 5 of 8 The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site will provide a needed service not currently being met at the subject department store. A significant component of the Target store is its market section. The market section offers a full-range of grocery products, including fresh meats and produce, along with a variety of dry goods. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off-sale alcoholic beverage establishments nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Target will provide its shoppers with a broad selection of goods and merchandise in a one-stop store service. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject location will add an additional convenience to the broad selection of goods and merchandise, which includes a mix of grocery items, apparel and accessories, health and beauty products, home decor items, baby products, toys and electronics and other every- day essentials, that Target already provides to the community. Although there are other establishments selling alcoholic beverages for off-site consumption on other properties in the vicinity, none of those establishments offer the same shopping opportunities as Target in a one-stop, department store location, which will assist in creating an inclusive and economically diverse neighborhood. 5. The business cannot operate profitably without a liquor license. The sale of distilled spirits, in addition to beer and wine, for off- premises consumption at the subject site will allow Target to remain competitive with other stores offering similar services and will contribute to the on-going economic viability of its grocery selection. Over 95-percent of Target stores in California sell alcoholic beverages for off-premises consumption as part of the company’s grocery offerings. The addition of alcoholic beverages for off- premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. 6. The applicant has demonstrated reasonable efforts to seek community input.     Resolution No. 2024-XXX Page 6 of 8 As part of the application process, residents, business owners, and property owners within 1,000 feet of the Target were sent letters notifying them of Target’s application request for the sale of distilled spirits, in addition to beer and wine, for off-premises consumption. Target and staff both contacted the representatives of the Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request and no objections were received. Target will continue to seek community input and coordinate with the community to first identify and then resolve any issues should they arise. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store. As such, a new Notice of Exemption (NOE) 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 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.     Resolution No. 2024-XXX Page 7 of 8 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Modification No. 1 to Conditional Use Permit No. 2005-22, as conditioned in Exhibit A, and in Exhibit B, Operational Standards for Off-Sale Establishments, attached hereto and incorporated herein, and grants the request for determination of Public Convenience or Necessity to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 1441 West Seventeenth Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _____________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ______________________ Jose Montoya Assistant City Attorney     Resolution No. 2024-XXX Page 8 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: _____________________ ______________________________ Recording Secretary City of Santa Ana     EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2005-22-MOD-1 Conditional Use Permit No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant/Licensee (hereinafter, “Applicant”) shall comply with each and every condition listed in order to exercise the rights conferred by this conditional use permit. The Applicant shall 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. 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 if the conditional use permit must be amended. 2. The sale of alcoholic beverages for off-premises consumption shall be permitted in accordance with the operational standards for off-premises establishments pursuant to Section 41-196(f) of the Santa Ana Municipal Code (SAMC), attached hereto as Exhibit B for reference, in accordance with the provisions of an off-premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. The sale of alcoholic beverages for off-premises consumption shall occur from 7:00 a.m. to 12:00 a.m. (midnight) seven days per week, unless modified through a subsequent and separate conditional use permit application for after-hours operations pursuant to SAMC Section 41-196(f)(14). 4. The Planning Division shall review Conditional Use Permit No. 2005-22-MOD-1 no later than twelve (12) months after full execution of this conditional use permit. Should any issues arise during such review, the Conditional Use Permit shall be scheduled for public hearing at the applicant’s full expense for condition modification(s). 5. Violations of the Conditional Use Permit, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC.     6. Prior to the release of this resolution, the applicant shall conduct the following site improvements: a. All missing or dead landscape located around the Target building and throughout the entire site shall be rehabilitated, including, but not limited to, rehabilitation along the western perimeter wall, and replacement of trees to the north of the property. Applicant shall rehabilitate landscape and contact the Case Planner for a final walk-through inspection of the site. b. All unpermitted storage containers located to the west and east of the property shall be removed. 7. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 8. The contact information for onsite management shall be posted in a prominent location at the primary entrance to the business to allow prompt reporting of any site issues. 9. Prior to the release of this resolution, a Property Maintenance Agreement shall 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);     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 on or 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; and 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.     EXHIBIT B Conditions of Approval for Conditional Use Permit No. 2005-22-MOD-1 Conditional Use Permit No. 2005-22-MOD-1 to allow the off-premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, “Applicant”) shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196(f), in order to exercise the rights conferred by this conditional use permit. Pursuant to SAMC Section 41-196(f), these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on-premises alcoholic beverage sales. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation.     9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.     17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed-access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP)-based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210.     25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners.     CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street Exhibit 2 - Vicinity Zoning and Aerial View     CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street Exhibit 3 - Site Photo     CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street Exhibit 4 - Site Plan     CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street Exhibit 5 - Floor Plan     = Census Tract Boundary (1)Parks Dairy(2)CVS Pharmacy(3)Smart & Final (4)Target Exhibit 6 – Map of Type 21 ABC Licenses within Census Tract 753.02 CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street (1) Parks Dairy1927 W. 17th St. (2) CVS Pharmacy1545 W. 17th St. (3) Smart & Final1523 W. 17th St. (4) Target1441 W. 17th St.     O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 1441 W Seventeenth St 06/28/2024 Publication Total $122.10 $122.10 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3826731 !A000006798126! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1441 West Seventeenth Street located within the General Commercial (C2) zoning district. Project Applicant:Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project:Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005- 22 to allow the sale of distilled spirits, in addition to beer and wine, for off-site consumption at an existing Target retail store. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details:This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom.For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-building-meeting-participation/. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m.on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa- ana.org, Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 6/28/24 OR-3826731#     CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1441 West Seventeenth Street located within the General Commercial (C2) zoning district. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off-site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa- ana.org,     Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP             Planning and Building Agency July 8, 2024 Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit No. 2012-14-MOD-1 – Target ABC License Modification (3300 South Bristol Street) RECOMMENDED ACTION 1. Adopt a resolution approving modification to Conditional Use Permit No. 2012-14 as conditioned; and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. EXECUTIVE SUMMARY Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Applicant) and Dayton-Hudson Corporation (Property Owner), is requesting approval of a modification to Conditional Use Permit (CUP) No. 2012-14 (CUP No. 2012-14-MOD-1) and approval to make a determination of Public Convenience or Necessity (PCN) to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption through the operation of a Type-21 Alcoholic Beverage Control (ABC) license at an existing Target retail store located at 3300 South Bristol Street. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for off-premises consumption require approval of a CUP and, in accordance with Section 41-649 of the SAMC, a modification to a CUP requires refiling of a new application and approval by the Planning Commission. In addition, in accordance with Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code, a determination of PCN is required for the proposed CUP modification. Staff is recommending approval of the applicant’s request because the site is located away from sensitive land uses and the property’s history of compliance with City codes and regulations. Furthermore, the Target store is anticipated to serve the public’s convenience by offering a convenient one-stop, full department store experience without resulting in detrimental impacts to the surrounding neighborhood. DISCUSSION Project Description The applicant is requesting approval of a modification to CUP No. 2012-14 to allow the sale of distilled spirits for off-premises consumption in addition to the existing sale of beer and wine, by upgrading from a Type-20 to a Type-21 ABC license, at an existing Target store located 3300 South Bristol Street. Target currently occupies an existing 102,960-square foot commercial building within a planned shopping center located at the southwest corner of Bristol Street and Alton Avenue. If the CUP modification request is approved, Target will upgrade the interior retail service area of the store to expand their alcohol beverage display area to approximately 358- square feet in size to allow for the additional display of distilled spirits. No additional improvements     Modification to CUP No. 2012-14 – Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 2 of 6 4 3 5 9 are being proposed at this time. The hours of operation will continue to be Monday through Sunday from 8:00 a.m. to 10:00 p.m. After-hours operations are not being requested at this time. Table 1: Project and Location Information Table 2: Operational Standards Standards Permissible by SAMC Proposed Hours of Operation for Alcohol Sales Monday through Sunday from 7:00 a.m. to 12:00 a.m. (midnight), unless extended by a separate after-hours CUP Monday through Sunday from 8:00 a.m. to 10:00 p.m.; Complies Window Display 25% of Window Coverage Complies Project Background The project site was developed in 1985 as a Target retail store. The store was improved with a snack bar in 1986. In 2010, Target expanded their retail selection by including a market and grocery section. Throughout the years, the site has continued to be improved with the addition of roof-mounted solar equipment, electric vehicle charging stations, signage upgrades, and multiple interior tenant improvements. On August 13, 2012, the Planning Commission approved Resolution No. 2012-08, allowing the sale of beer and wine for off-premises consumption. On September 25, 2023, the applicant submitted the subject application to the Planning Division to modify the existing CUP to allow the sale of distilled spirts for off-premises consumption in order to provide an additional service to its customers and become a one-stop department store. Target currently operates three locations in Santa Ana. The Target store located at 1300 East Seventeenth Street currently sells beer, wine, and distilled spirits for off-premises consumption as CUP No. 2023-04 was approved by the Planning Commission on April 10, 2023. At this time, the remaining Target stores located at 3300 South Bristol Street and 1441 West Seventeenth Street hold a Type-20 ABC license but are concurrently seeking approval to allow for the operation Item Information Project Address and Council Ward 3300 South Bristol Street – Ward 4 Nearest Intersection Bristol Street and Alton Avenue General Plan Designation District Center - Medium (DC-2) Zoning Designation Planned Shopping Center (C4) North Single-Family Residences and Industrial East Commercial South Commercial Surrounding Land Uses West Multi-Family Residential Property Size 7.63 acres (332,363 sq. ft.) Existing Site Development The subject site is developed with a 102,960 sq. ft. building currently occupied by Target and Starbucks, and a surface parking lot with 485 parking spaces. Unit Size 102,960 sq. ft. Use Permissions Allowed with approval of a CUP Uses SAMC sections 41-196(f), 41-365(a), & 41-649 Zoning Code Sections Affected Operational Standards SAMC Section 41-196(f) Census Tract No.741.07Census Tract and ABC License Information No. of Allowed and Existing Licenses (off-sale)3 Allowed & 4 Existing     Modification to CUP No. 2012-14 – Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 3 of 6 4 3 5 9 of a Type-21 ABC license, so all Santa Ana Targets can offer the same assortment of alcoholic beverages for off-premises consumption. Since the application was submitted, staff has been working with the applicant, ABC, Code Enforcement, and the Police Department to address any potential adverse impacts associated with the sale of alcoholic beverages for off-premises consumption. Project Analysis Conditional Use Permit Analysis: CUP requests are governed by Section 41-638 of the SAMC. Additionally, CUP modification requests are governed by Section 41-649 of the SAMC. CUPs and CUP modifications may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s modification request for the sale of alcoholic beverages for off-premises consumption and has determined that the sale of alcoholic beverages for off-premises consumption at the subject location will not be detrimental to the health, safety, and welfare of the community. The proposed sale of alcoholic beverages for off-premises consumption at the proposed location will provide an ancillary service to Target’s customers by allowing them the ability to purchase a wider variety of alcoholic beverages with other products. This would allow Target to remain economically viable and complete with nearby stores offering the same type of services. The operational standards applied to the ABC license, per Section 41-196(f) of the SAMC, will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. Furthermore, the subject site is located in a commercial zone, which abuts to the Santa Ana Gardens channel and a multi-family residential development to the west. The subject property is not located in close proximity to any parks, playgrounds, or schools. The establishment will comply with the operational standards set forth in Section 41-196(f) of the SAMC, thereby mitigating impacts to public health, safety, and welfare. Lastly, the City has not received any complaints or issued any notice of violations to the property owner or previous tenants. Therefore, staff recommends approval of the proposed CUP. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 1.1 of the Land Use Element of the General Plan (LU-1.1) encourages development that is compatible with and supporting of surrounding land uses. A commercial establishment with primary retail at this location will be compatible with the surrounding businesses as it supports the residential environment by providing an increase to the ancillary alcohol selection within the market section already provided by Target. Target is committed to offering employment opportunities (LU-2.1) for the surrounding community, and with an increase to the market section, more opportunities are provided. The community will benefit both from the convenience of having access to an increase in product selection that is within walking distance from the surrounding neighborhood (LU-3.1 and 4.1), and by alcohol being sold at an established department store that is in sound compliance with all local and State ABC regulations. The proposed Target operations are consistent with Policy LU-3.7 that calls for promoting a balance of land uses to address basic community needs, while maintain a clean and safe environment for Santa Ana’s residents, workers, and visitors. Furthermore, Policy LU-2.2 encourages a range of commercial uses to     Modification to CUP No. 2012-14 – Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 4 of 6 4 3 5 9 capture a greater share of local spending. The sale of alcohol beverages for off-premises consumption at this site will provide an additional location in Santa Ana where residents can purchase alcohol which will ensure local spending. Public Convenience or Necessity Analysis: PCN requests are governed by Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code. A PCN determination is required for this project because Target is located in a census tract where the ratio of existing retail off-premises alcohol licenses to population in the census tract exceeds the ratio of retail off-premises alcohol licenses to population in the county, resulting in an over concentration as determined by ABC. Target is located in Census Tract No. 741.07, which ABC allows a maximum of three off-premises alcohol licenses, while there are currently four active licenses per ABC. Per ABC, an “undue concentration” would occur if more than three off-premises licenses are within this census tract. It is important to note that, if CUP No. 2012-14-MOD-1 is approved, the existing Type-20 ABC license currently being operated by Target will be surrendered once the Type-21 ABC license is approved and processed by ABC and the Census Tract will continue to have a total of four ABC licenses. Table 3 below and Exhibit 6 identify the location of the existing off-premises alcohol licenses. The licensed establishments are located intermittently throughout the census tract, with the closest licensed premises (7-Eleven), approximately 0.4 miles from Target. Table 3: Off-Premises ABC Licenses within Census Tract No. 741.07 Premises Location License Type Distance (1) Target 3300 South Bristol Street Type 20 0.1 miles (2) 7-Eleven 1441 W. MacArthur Boulevard Type 20 0.4 miles (3) Vons 3650 South Bristol Street Type 21 0.5 miles (4) World Market 1313 Sunflower Avenue Type 21 1.0 miles PCN requests are governed by Section 41-645.5 of the SAMC, and certain findings must be made in order to grant the PCN. Conversely, the inability to make these findings would result in a denial. Target has demonstrated civic participation by taking additional steps to seek community input via substantial notification efforts to the surrounding neighborhood. Target and staff both contacted the representatives of the South Coast, Republic Homes, and Metro Classic neighborhood associations to identify any areas of concerns due to the proposed application request, and no objections were received. Target will mitigate any potential detrimental effects, should any arise, by enforcing policies protocols, and alcohol-related training initiatives, to ensure that alcohol sales are handled in a responsible manner to deter crime, loitering, and any other activity that could be detrimental to the surrounding community. The addition of distilled spirits would add a substantial convenience to the surrounding community by adding to the food options at the existing market section of the store. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off- sale alcoholic beverage establishments nearby. The proposed sale of alcoholic beverages for off-premises consumption would improve the overall functions of the business by enhancing the complete department store experience. Over 95- percent of the Target stores in California sell alcoholic beverages, and Target corporation implements its own policies to ensure the safe and responsible handling and sale of alcoholic     Modification to CUP No. 2012-14 – Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 5 of 6 4 3 5 9 beverages from its department stores. Although there are other establishments selling alcoholic beverages for off-premises consumption nearby, none of those establishments offer the same complete department store shopping opportunities as Target. The addition of alcoholic beverages for off-premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. Because of this, staff recommends that the Planning Commission grant a determination of PCN and authorize staff to issue a Letter of PCN to ABC. Police Department Analysis: The Police Department has reviewed this request and has no concerns, as the operational standards applicable to off-premises ABC licenses will mitigate any potential impacts to the surrounding community. The Police Department reviews such applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Table 4: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 130; ranked 26 out of 102 Police Reporting Grids (25th percentile). Threshold for High Crime This reporting district is below the 20 percent threshold established by the State for high crime Police Department Recommendation As part of the review approval process, this application was analyzed by the Santa Ana Police Department. Based on its review, the Police Department has no issues of concern regarding this application. The Police Department is satisfied with the operational standards applicable for a premise upgrade to Type 21 ABC license and conclude that the conditions set forth will mitigate any potential negative impact to the surrounding community, and therefore does not oppose the granting of a CUP modification.     Modification to CUP No. 2012-14 – Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 6 of 6 4 3 5 9 Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 6. As part of the community outreach, Target and staff both contacted representatives of South Coast, Republic Homes, and Metro Classic neighborhood associations were contacted to identify any areas of concerns due to the proposed application request. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption at an existing Target store located at 3300 South Bristol Street. As such, a new Notice of Exemption (NOE) will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution for CUP No. 2012-14-MOD-1 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plan 6. Map of Off-Premises ABC Licenses within Census Tract No. 741.07 7. Copy of Public Notices Submitted By: Matthew Kilroy, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency     Resolution No. 2024-XXX Page 1 of 7 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2012-14 (CUP NO. 2012-14-MOD-1) AS CONDITIONED AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF DISTILLED SPIRITS, IN ADDITION TO BEER AND WINE, FOR OFF-PREMISES CONSUMPTION FOR THE TARGET STORE LOCATED AT 3300 SOUTH BRISTOL STREET 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. Beth Aboulafia with Hinman and Carmichael, LLP., representing Target Corporation (“Applicant”) and Dayton-Hudson Corporation (“Property Owner”), is requesting approval of a modification to Conditional Use Permit (“CUP”) No. 2012-14 (“CUP No. 2012-14-MOD-1”) to modify an existing CUP and approval to make a determination of Public Convenience or Necessity (“PCN”) to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 3300 South Bristol Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-196 requires approval of a CUP for establishments wishing to sell alcoholic beverages for off-premises consumption. C. SAMC Section 41-649 requires approval of a modification of an approved CUP. D. On August 13, 2012, the Planning Commission adopted Resolution No. 2012-08 approving CUP NO. 2012-14 allowing the sale of beer and wine for off-premises consumption at 3300 South Bristol Street. E. SAMC Section 41-645.5 and California Business and Professions Code Section 23958.4, requires a determination of PCN when a request for the sale of alcoholic beverages for off-premises consumption is located within an area deemed to have an undue concentration of off-premises alcohol licenses as determined by the Department of Alcoholic Beverage Control (“ABC”). F. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2012-14-MOD-1. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant     Resolution No. 2024-XXX Page 2 of 7 to SAMC Section 41- 638, have been established for CUP No. 2012-14-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 3300 South Bristol Street: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject location will provide an ancillary service to Target’s customers by allowing them the ability to purchase alcoholic beverages with other products. This will thereby benefit the community by providing an additional establishment that will provide goods and services via a one-stop store. Operational standards applicable to the ABC license, pursuant to SAMC Section 41-196(f), and conditions of approval will mitigate any potential impacts created by the use and will 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 sale of distilled spirits, in addition to beer and wine, for off- premises consumption at the subject site 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 ABC license, pursuant to Section 41-196(f) of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. The City has not received any complaints or issued any notice of violations to the property owner or previous tenants. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for off- premises consumption at the subject site will not adversely affect the economic stability of the area, but will instead allow Target to compete with other nearby stores that offer a full selection of alcoholic beverages for sale to their customers. The offering of alcoholic beverages for off-premises consumption will allow Target to remain economically viable and will contribute to the overall success of the City.     Resolution No. 2024-XXX Page 3 of 7 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption will be in compliance with all applicable regulations and operational standards imposed on an establishment selling alcoholic beverages for off-premises consumption pursuant to Chapter 41 of the SAMC. The establishment will be maintained as a commercial building with primary retail, having suitable storage facilities and supplying an assortment of essential goods. Moreover, operational standards, pursuant to Section 41-196(f) of the SAMC, and conditions of approval, will ensure the establishment 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 sale of distilled spirits, in addition to beer and wine, off-premises consumption at the subject site will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2012-14-MOD-1 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element (LU) encourages a range of commercial uses to capture a greater share of local spending and employment opportunities. The sale of alcoholic beverages at the subject site will provide Target’s customers with a one-stop store service which will contribute to capturing local spending. Policy LU-2.7 supports land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. The granting of CUP No. 2012-14- MOD-1 will ensure Target remains competitive with other stores offering similar services in other cities, therefore ensuring Target’s retention in Santa Ana. Lastly, Policy LU-4.1 encourages complete neighborhoods by creating a mix of complementary uses, community services, and places within a walkable area. The additional sales of distilled spirits for off-premises consumption will create a one-stop store within walking distance for residents residing in the general vicinity of Target. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to determine a PCN pursuant to SAMC Section 41-645.5, have been established for CUP No. 2012-14-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 3300 South Bristol Street:     Resolution No. 2024-XXX Page 4 of 7 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption will not be detrimental to the character of development in the immediate neighborhood. Target is a full-scale department store located in an integrated shopping center that is designed to minimize intrusion into surrounding neighborhoods. The primary entrance to the store is located on the east side of the building and faces away from the multi-family residential development to the west. Moreover, operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the immediate neighborhood. The granting of CUP No. 2012-14-MOD-1 will be in harmony with the overall objective of the General Plan as stated in Section 1.G.5. above. 2. The economic benefit outweighs the negative impacts to the community as whole. The economic benefit associated with the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site will outweigh any potential negative impacts to the community as a whole. The sale of distilled spirits, in addition to beer and wine, for off- premises consumption will positively affect the economic welfare of the community by adding a service to an existing department store with grocery store located within its existing operations. The additional service will offer additional community services at an existing department store with its own policies and standards for the sale of alcoholic beverages, which complement policies and standards imposed by State ABC, and generates additional sale tax revenue for the City. 3. The issuance of the license will provide a needed service not currently being met in the community. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject site will provide a needed service not currently being met at the subject department store. A significant component of the Target store is its market section. The market section offers a full-range of grocery products, including fresh meats and produce, along with a variety of dry goods. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target     Resolution No. 2024-XXX Page 5 of 7 customers by eliminating the need for an additional shopping trip to other off-sale alcoholic beverage establishments nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Target will provide its shoppers with a broad selection of goods and merchandise in a one-stop store service. The sale of distilled spirits, in addition to beer and wine, for off-premises consumption at the subject location will add an additional convenience to the broad selection of goods and merchandise, which includes a mix of grocery items, apparel and accessories, health and beauty products, home decor items, baby products, toys and electronics and other every-day essentials, that Target already provides to the community. Although there are other establishments selling alcoholic beverages for off-site consumption on other properties in the vicinity, none of those establishments offer the same shopping opportunities as Target in a one-stop, department store location, which will assist in creating an inclusive and economically diverse neighborhood. 5. The business cannot operate profitably without a liquor license. The sale of distilled spirits, in addition to beer and wine, for off- premises consumption at the subject site will allow Target to remain competitive with other stores offering similar services and will contribute to the on-going economic viability of its grocery selection. Over 95-percent of Target stores in California sell alcoholic beverages for off-premises consumption as part of the company’s grocery offerings. The addition of alcoholic beverages for off-premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. 6. The applicant has demonstrated reasonable efforts to seek community input. As part of the application process, residents, business owners, and property owners within 1,000 feet of the Target were sent letters notifying them of Target’s application request for the sale of distilled spirits, in addition to beer and wine, for off-premises consumption. Target and staff both contacted the representatives of the South Coast, Republic Homes, and Metro Classic neighborhood associations to identify any areas of concerns due to the proposed application request and no objections were received. Target will continue to seek community input and coordinate with the community to first identify and then resolve any issues should they arise.     Resolution No. 2024-XXX Page 6 of 7 Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 3300 South Bristol Street. As such, a new Notice of Exemption (NOE) 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 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 Modification No. 1 to Conditional Use Permit No. 2012-14, as conditioned in Exhibit A, and in Exhibit B, Operational Standards for Off-Sale Establishments, attached hereto and incorporated herein, and grants the request for determination of Public Convenience or Necessity to allow the sale of distilled spirits, in addition to beer and wine, for off-premises consumption at an existing Target store located at 3300 South Bristol Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page]     Resolution No. 2024-XXX Page 7 of 7 ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Recording Secretary City of Santa Ana     EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2012-14-MOD-1 Conditional Use Permit No. 2012-14-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant/Licensee (hereinafter, “Applicant”) shall comply with each and every condition listed below in order to exercise the rights conferred by this conditional use permit. The Applicant shall 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. 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 if the conditional use permit must be amended. 2. The sale of alcoholic beverages for off-premises consumption shall be permitted in accordance with the operational standards for off-premises establishments pursuant to Section 41-196(f) of the Santa Ana Municipal Code (SAMC), attached hereto as Exhibit B for reference, in accordance with the provisions of an off- premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. The sale of alcoholic beverages for off-premises consumption shall occur from 7:00 a.m. to 12:00 a.m. (midnight) seven days per week, unless modified through a subsequent and separate conditional use permit application for after-hours operations pursuant to SAMC Section 41-196(f)(14). 4. The Planning Division shall review Conditional Use Permit No. 2012-14-MOD-1 no later than twelve (12) months after full execution of this conditional use permit. Should any issues arise during such review, the Conditional Use Permit shall be scheduled for public hearing at the applicant’s full expense for condition modification(s). 5. Violations of the Conditional Use Permit, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 6. Prior to the release of this resolution, the applicant shall conduct the following site improvements:     a. All missing or dead landscape located around the Target building and throughout the entire site shall be rehabilitated, including, but not limited to, rehabilitation along the western perimeter wall and along Alton Avenue. Applicant shall rehabilitate landscape and contact the Case Planner for a final walk-through inspection of the site. b. All unpermitted storage containers located to the east of the property shall be removed. 7. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 8. The contact information for onsite management shall be posted in a prominent location at the primary entrance to the business to allow prompt reporting of any site issues. 9. Prior to the release of this resolution, a Property Maintenance Agreement shall 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); 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 on or 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; and 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.     EXHIBIT B Conditions of Approval for Conditional Use Permit No. 2012-14-MOD-1 Conditional Use Permit No. 2012-14-MOD-1 to allow the off-premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, “Applicant”) shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196(f), in order to exercise the rights conferred by this conditional use permit. Pursuant to SAMC Section 41-196(f), these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on-premises alcoholic beverage sales. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages.     10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed-access cash controller or drop safe must be installed.     20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP)-based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners.     CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street Exhibit 2 - Vicinity Zoning and Aerial View     CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street Exhibit 3 - Site Photo     CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street Exhibit 4 - Site Plan     CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street Exhibit 5 - Floor Plan     = Census Tract Boundary (1)Target Corporation(2)7-Eleven(3)The Vons Companies, Inc. (4)World Market, LLC. Exhibit 6 – Map of Type 21 ABC Licenses within Census Tract 741.07 (2) 1720 E. 17 St. SITE (3) 2000 E. 17 St. CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street (4)World Market, LLC. 1313 Sunflower Ave. SITE (3) The Vons Companies, Inc. 3650 S. Bristol St. (2) 7-Eleven 1441 W. MacArthur Blvd. (1) Target Corporation 3300 S. Bristol St.     O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 3300 S Bristol St 06/28/2024 Publication Total $123.75 $123.75 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3826733 !A000006798130! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3300 South Bristol Street located within the Planned Shopping Center (C4) zoning district. Project Applicant:Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Appliant) and Dayton-Hudson Corporation (Property Owner) Proposed Project:Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012- 14 to allow the sale of distilled spirits, in addition to beer and wine, for off-site consumption at an existing Target retail store. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details:This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom.For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-building-meeting-participation/. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m.on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa- ana.org, Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 6/28/24 OR-3826733#     CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3300 South Bristol Street located within the Planned Shopping Center (C4) zoning district. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off-site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 – Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa-ana.org,     Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP             Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit (CUP) Nos. 2024-06 and No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2024-06 for drive-through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024-07 for after-hours operation, as conditioned. EXECUTIVE SUMMARY Jay Higgins, with Raising Cane’s Chicken Fingers (applicant), on behalf of Charles Manh (property owner), is requesting approval of Conditional Use Permit (CUP) No. 2024-06 and No. 2024-07, to allow the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive-through window services and after-hours operation (between 12:00 a.m. and 5:00 a.m.), respectively, at 1303 North Bristol Street. The subject site is comprised of Assessor’s Parcel No. (APN) 405-272-21 and 405-272-24, which would be voluntarily merged as part of this project. The applicant is making the request pursuant to Sections 41-424.5(e) and 41-424.5(j) of the Santa Ana Municipal Code (SAMC), which permits eating establishments with drive-through window service and after-hours operation, subject to review and approval of a CUP by the Planning Commission. Staff is recommending approval of the requests, as the proposed project will reintroduce business activity on a vacant lot located on a major commercial corridor, and because the development will provide additional services to residents, workers, and visitors in the area. Moreover, the project complies with the General Plan goals and policies as it seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe environment, as well as promote the economic growth and fiscal stability of the City. Lastly, the project will not negatively impact the surrounding community as the project has been designed to address any potential impacts related to noise, traffic, lighting, and odor.     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 2 4 3 4 7 DISCUSSION Project Description The proposed project includes construction of a new single-story, 2,899-square-foot commercial pad building, with a 1,866-square-foot patio area for outdoor seating. The complete scope of work also includes approximately 13,811 square feet of enhanced landscaping throughout the project site, double drive-through lanes approximately 382 feet in length, a trash enclosure, and 21 parking stalls. To accommodate the overall project, the applicant proposes to merge multiple parcels identified in a purchase and sale agreement with the City (Agreement for Exchange or Real Property No. A-2022-113). Table 1: Project and Location Information Item Information Project Address and Council Ward 1303 North Bristol Street – Ward 5 Nearest Intersection Washington Avenue and Bristol Street General Plan Designation General Commercial (GC) Existing Zoning Designation Bristol Street Corridor Specific Plan (SP1) – Commercial (C-5) North Medical Office East Residential South Vacant Surrounding Land Uses West Santa Ana College Property Size 1.12-acres (49,010 square feet) Existing Site Development The subject site is a currently vacant Proposed Building Size 2,899 square feet Use Permissions Allowed with a conditional use permit (CUP) Uses SAMC Section 41-424.5(e) and Section 41-424.5(j) Zoning Code Sections Affected Operational Standards SAMC Section 41-425 As designed, the project site would provide vehicular access from Bristol Street through a 40-foot drive aisle, enhanced with decorative pavers. The proposed building would be situated along the north side of the property, with the drive-through entry accessed along the south property line, extending along the east property line with double lanes that accommodate vehicle queuing up to 37 vehicles. A separate driveway exit would be provided for the drive-through lane, along the north end of the property. Additionally, the proposed drive-through lane would be designed in a manner that would provide approximately 153 feet of additional spill over area located behind the parking stalls, without impeding the vehicle parking back up requirements. Lastly, the 382-foot drive- through lane meets minimum required stacking/queuing requirements per the SAMC, which require eighty feet from the entry to the order point and eighty feet from the order point to the pickup window.     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 3 4 3 4 7 The proposed building design is consistent with other Raising Cane’s Chicken Fingers locations and features a contemporary style characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco. The building design features a neutral color scheme, comprised of brown, grey, black, and white to complement the proposed materials. Additionally, metal finishes are prominently used in the awnings, equipment-screening panels, and patio canopy, enhancing the modern aesthetic. Prominent commercial storefront windows are also placed across all elevations, further enhancing the commercial look and feel of the development. The project site would be enhanced with approximately 13,811 square feet of landscaping, which is proposed to soften the appearance of the parking area along Bristol Street and Washington Avenue, to provide a buffer for the outdoor patio, and to offer additional sound attenuation for properties to the east. The plant palette would include robust plant materials including trees, shrubs, palms, succulents, grasses, and groundcover. Included as part of the landscaped area would be an adjacent and separate parcel to the north (APN: 405-272-21), which as part of this project would be merged and landscaped and would be improved with a new property line wall between the subject property and the property to the north property. This adjacent parcel is approximately 1,050 square feet in size, and would extend the subject site 10 feet to the north. The proposed restaurant dining room and drive-through hours of operation would be Sunday through Thursday from 9:00 a.m. to 1:00 a.m. and on Friday and Saturday from 9:00 a.m. to 1:30 a.m. The outdoor patio seating would be limited to 12:00 a.m. (midnight). At this time, the applicant is not requesting live entertainment or alcohol sales for onsite consumption. Table 2 below provides a detailed comparison of the project’s compliance with the applicable land use and development standards. Table 2: Development Standards Standard Required by the COM/C-5 Zoning District Provided Front yard 15 feet minimum Complies: 15 feet Side yard (adjacent to the street)15 feet minimum Complies; 15.8 feet Rear yard (abutting residential)5 feet minimum Complies; 25.5 feet Landscape Front and Side Street Yard 15 feet at Washington Avenue and Bristol Street Complies: Bristol Street – 15 feet Washington Avenue – 15.8 feet Building Height 22.5 feet maximum adjacent to residential Complies; 22.33 feet Parking Restaurant: 24 spaces minimum (8 spaces per 1,000 sq. ft. restaurant) Patio: 8 spaces minimum 32 spaces total 21 spaces provided pursuant to AB 2097 Floor Area Ratio (F.A.R.)0.50 FAR maximum Complies; 0.06 FAR (2,899 square feet)     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 4 4 3 4 7 Standard Required by the COM/C-5 Zoning District Provided Stacking Distance 160 feet; 80 feet to menu board and 80 feet to pick-up window Complies; 80 feet from the order point/ menu board to beginning of drive-through lane, 80 feet from pick- up window/pay window to the menu board Assembly Bill No. 2097 On September of 2022, Assembly Bill 2097 (AB 2097) was signed into law by Governor Newsom and became effective on January 1, 2023. The primary objective of this legislation is to restrict local governments from imposing parking regulations on commercial and residential projects that are located within 0.5 miles of a major transit location. AB 2097 defines major transit location as an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. The proposed project requires 31 parking spaces subject to Section 41-1341 of the SAMC. However, the subject site is located within 0.5 miles of major route intersection located north of project site at the intersection of Seventeenth Street and Bristol Street. Therefore, the proposed 21 parking spaces will not require Planning Commission approval of a variance application. In light of the reduction, conditions of approval would require the applicant to establish a parking management plan should the parking availability impact the surrounding neighborhood. Project Background In 1991, the City Council adopted the Bristol Street Corridor Specific Plan (SP1) to address the projected increase in traffic as part of revitalization efforts of the corridor stemming from a now-defunct redevelopment project area. Several parcels along Bristol Street were acquired by the City by way of right-of-way acquisition, which includes the subject property, 1303 North Bristol Street (APN: 405-272-24) and APN: 405-272-21. The existing commercial buildings serving an eating establishment and medical office were later demolished in 2008 and the properties sold through Agreement for Exchange or Real Property No. A-2022-113 to Charles Manh for redevelopment on June 21, 2022. Subsequently, the property owner entered into a lease agreement with Raising Cane’s Chicken Fingers for redevelopment, and on May 30, 2023, the applicant submitted Development Project Application No. 2023-22 (DP No. 2023-22). Since then, the applicant worked with City staff to address various concerns related building design,     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 5 4 3 4 7 onsite circulation, required landscaping, and merging and redeveloping all the parcels identified in the agreement. In response to City concerns, the applicant ultimately made several site plan changes, with the final site plan design presented as part of this CUP request. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. A lot merger for the parcels identified in agreement No. A-2022-113 is being processed under Lot Merger No. 2023- 06 (LM No. 2023-06). The subject Raisings Cane’s Chicken Fingers would be the second location in Santa Ana, with the other located at 2250 East Seventeenth Street. That location opened in December 2019. Project Analysis Although eating establishments are permitted by right in the C5 zoning district, those with drive-through window service or operating between the hours of 12:00 a.m. and 5:00 a.m. require approval of a Conditional Use Permit (CUP) by the Planning Commission, pursuant to Sections 41-424.5 (e) and 41-424.5 (j) of the SAMC. The C5 zoning district designation enables the applicant to submit the required CUP application for consideration by the Planning Commission to conditionally permit the proposed drive- through service and after-hours operation. Conditional Use Permit for Drive-Through Window Service Staff recommends approval of the applicant’s request for a CUP to allow drive-through window service, as it would provide additional services to the community, facilitate development of a vacant site, promote economic growth and stability of the City and would be designed and operated in a manner that is not anticipated to create a nuisance for neighboring properties. By providing drive-through window services, the eating establishment would provide additional dining opportunity in a manner that is convenient to both residents of Santa Ana, nearby workers, and commuters. Furthermore, the project would create new permanent jobs for the community and boost property and sales tax revenues. The proposed project is also designed to minimize any nuisance to the single-family residential neighbors to the east, related to light pollution, noise, odors, and vehicle circulation. Measures taken include shielding the proposed lighting and placing light standards in locations to limit impacts to the neighboring residential properties. The lighting adjacent to residential properties would be less than 5-foot candles as required by the City’s design guidelines and range from 0.49 to 4.2-foot candles at the property line, adjacent to the residences to the east. Beyond the property line, the illumination would reduce to 0.0-foot candles, as a result of the shields and screen wall.     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 6 4 3 4 7 The primary noise sources associated with the proposed Raising Cane’s restaurant would consist of drive-through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical equipment. To address noise concerns, the applicant is proposing to provide enhanced landscaping along the eastern property line wall with Pacific wax myrtle shrubs, which can grow up to the height of the perimeter wall in order to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A-weighted decibels (dBA) of the City’s allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA range is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high-quality air scrubber would be installed to limit odors from prepared food. The drive-through lane will offer an additional 153 feet of spill over area to avoid off-site impacts, and an independent drive-through exit will minimize onsite circulation disruption or safety concerns. Furthermore, operationally, the patio area hours of operation would be limited to 12:00 a.m. and conditions of approval would require staff members to provide assistance by taking orders directly from customers during peak hour in the event that the eating establishment experiences an influx of customers. Conditional Use Permit for After-Hours Operation Staff recommends approval of the applicant’s request for a CUP to allow after-hours operation as extended hours of operation would provide additional opportunities to customers, allow the business to compete with similar establishments in the surrounding area, and offset the demand at the existing Raising Cane’s Chicken Fingers location in Santa Ana. The project would be designed in a manner that would not result in negative impacts to the surrounding neighborhood during the extended hours. Allowing for extended hours of operation would provide dining opportunity to community members working irregular hours. However, the after-hours operation would be limited to 1:00 a.m. Sunday through Thursday and 1:30 a.m. on Friday and Saturday, similar to other eating establishments located in the corridor, to mitigate potential impacts to the neighboring residential properties. These proposed hours of operation are not anticipated to create any nuisances related to the noise and lighting. As previously described, the noise levels would be at a noise level that is exceeding the City’s allowable nighttime exterior noise level of (50 dBA), but which will not be detectible by the residential properties adjacent to the proposed use.     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 7 4 3 4 7 The lighting adjacent to the neighboring properties during the proposed after-hours operation times would be within the permissible illumination of 5-foot candles and reduce to 0-foot candles on the neighboring properties as required by the SAMC. Additionally, the after-hours operation would allow the establishment to compete with other fast-food establishment such as In-N-Out Burger located at 815 North Bristol Street (open Sunday through Thursday from 10:30 a.m. to 1:00 a.m. and Friday and Saturday from 10:30 a.m. to 1:30 a.m.), Taco Bell located at 1801 North Bristol Street (open Monday through Sunday from 8:00 a.m. to 2:00 a.m.), McDonald’s located at 501 North Bristol Street (open Sunday through Thursday from 5:00 a.m. to 11:30 p.m. and Friday and Saturday from 6:00 a.m. to 8:00 p.m.) and Jack in the Box located at 719 North Bristol Street (open twenty-four hours, seven days a week), which would help promote the economic growth and stability of the City by supporting the redevelopment of an underutilized site. Lastly, in establishing second location within City boundaries would provide additional support to accommodate the demand for eating establishment and capture spending within the City limits rather than other locations outside of the City. General Plan Consistency The approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City’s diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the applicant’s investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU- 3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties.     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 8 4 3 4 7 The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City’s efforts in achieving its full employment potential. The proposed request would allow the owner and applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution-based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive-through and after-hours services in a manner that is not anticipated to create on-site or off-site impacts to customers or the community, through careful site planning and operation practices. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 9. The site is located within the Washington Square Neighborhood Association, whose leadership was routinely notified of the project and of its major milestones during the development review process. The project is not subject to the City’s Sunshine Ordinance. However, to ensure ample neighborhood outreach, staff encouraged the applicant to provide routine updates to the Washington Square Neighborhood Association. The applicant communicated with the neighborhood leaders to discuss the project. Following initial discussions, community leaders expressed concerns with the originally proposed hours of operation. To address community concerns and mitigate any potential impact to the surrounding residential properties, staff worked with the applicant to adjust the proposed hours of operation to     CUP No. 2024-06 & CUP No. 2024-07 – Raising Cane’s Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 9 4 3 4 7 those presented as part of this CUP request. At the time this report was printed, no additional issues of concern were raised. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899-square-foot commercial building with double drive-through lanes and after-hours operation in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 will be filed for this project. ECONOMIC AND FISCAL IMPACTS There is no fiscal impact associated with this action. EXHIBIT(S) 1. Conditional Use Permit Resolution – Drive-Through Facility 2. Conditional Use Permit Resolution – After-Hours Operation 3. Vicinity Zoning and Aerial Map 4. Site Photo 5. Project Site Plan 6. Project Floor Plan 7. Project Elevations 8. Conceptual Landscape Plan 9. Copy of Public Notices Submitted By: Heidi Jacinto, Assistant Planner II Approved By: Minh Thai, Executive Director, Planning and Building Agency     Resolution No. 2024-XXX Page 1 of 7 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-06 AS CONDITIONED TO ALLOW DRIVE-THROUGH SERVICES FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET (APN: 405-272-24 AND 405-272-21) 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. Jay Higgins, with Raising Canes Chicken Fingers (Applicant), on behalf of Charles Manh (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2024-06 to allow drive-through window service for an eating establishment in the Commercial (COM) zoning district of the Bristol Corridor Specific Plan (SP1) at 1303 North Bristol Street. B. In 1991, the City adopted SP1 to accommodate the flow of traffic at the time and projected increase in traffic as part of revitalization efforts of the corridor. C. The existing 1,200-square-foot commercial building previously developed on the subject property was later demolished in 2008 as part of the widening effort. D. On April 21, 2020, the City Council adopted Resolution No. 2020-032, declaring the property as surplus. The property was subsequently acquired by Charles Manh on June 21, 2022, through Agreement for Exchange of Real Property No. A-2022-113 E. The Property Owner entered into a lease agreement with Raising Cane’s Chicken Fingers, which submitted Development Project (DP) application No. 2023-22 to the City on May 30, 2023. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. F. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires approval of a CUP for eating establishments with drive-through window service. G. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. H. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-06. I. 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     Resolution No. 2024-XXX Page 2 of 7 grant CUP No. 2024-06, for drive-through window service, 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 wellbeing of the neighborhood or community. The eating establishment with drive-through window service will contribute to the general well-being of the neighborhood or community by providing additional dining options that are convenient for people working or residing in the surrounding area. Additionally, as of the project, the Applicant will develop the currently vacant lot and construct a new pad building featuring a contemporary design characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco in a neutral color scheme of brown, grey, black, and white. This development will introduce activity to the previously underutilized site, deter illicit activity, and generate business that, in the long term, will promote the economic viability of the City and the well-being of the 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 use would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, but rather the intent of the proposed use is to provide an additional service to the community and to provide a convenient method for customers to enjoy takeout food. Additionally, the drive-through layout was designed in a manner that ensures safe onsite circulation by providing a 382-foot double drive-throughout lane that yields a capacity for 37 vehicles and additional 153 feet of spill over area to avoid and off-site circulations concerns. Furthermore, the drive-through lane would have an independent exit lane, which would further avoid any site circulation concerns. Lastly, while the property is located adjacent to residential land uses, the design and measures related to noise, lighting, and odor would be taken would result in a project that is not anticipated to result in a nuisance to the neighboring properties. The lighting would not be detrimental to the persons residing in the adjacent residential properties as it the illumination would be less than 5-foot candles as required by the City’s design guidelines and range from 0.49 to 4.2-foot candles at the property line. Beyond the property line, the illumination would reduce to 0.0-foot candles as a result of careful placement, light shields, and screen wall. The primary noise sources associated with the proposed Raising Cane’s restaurant would consist of drive-through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical     Resolution No. 2024-XXX Page 3 of 7 equipment. To address noise concerns, the Applicant is proposing to provide enhanced landscaping along the property line wall to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A-weighted decibels (dBA) of the City’s allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high-quality air scrubber would be installed to limit odors from prepared food. Therefore, the project would not be detrimental to 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 drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area, as the site is currently vacant and closed off with temporary construction fencing. Approval of the subject request would allow the Applicant to establish a new eating establishment in the city and reintroduce activity to the site. Additionally, the services offered and dinning opportunity stimulate commercial business that generates sales tax revenue for the City as well as and would generate new and permanent employment opportunities in favor of the economic growth and stability of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed land use complies with the regulations and conditions in Chapter 41, with the exception of the required parking as 32 parking spaces are required based on the size of the building and outdoor dining area and 21 parking spaces are proposed. Pursuant to Assembly Bill (AB) 2097, project sites located within a major transit area and would not be subject to requesting a deviation for the reduced parking. However, the reduced parking is not anticipated to impact the surrounding neighborhood as the drive-through services are typically the primary attraction for proposed Raising Cane’s Chicken Fingers location based on observations of other locations. Moreover, a separate condition of approval has been added to ensure that the operator establish a parking management plan should concerns related to the parking arise.     Resolution No. 2024-XXX Page 4 of 7 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 approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City’s diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the Applicant’s investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU-3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The Applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties. The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City’s efforts in achieving its full employment potential. The proposed request would allow the owner and Applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized     Resolution No. 2024-XXX Page 5 of 7 undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution- based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive-through and after-hours services in a manner that is not anticipated to create on-site or off-site impacts to customers or the community, through careful site planning and operation practices. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899- square- foot commercial building with double drive-through lanes and after-hours operation in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 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 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.     Resolution No. 2024-XXX Page 6 of 7 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-06, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1303 North Bristol Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney     Resolution No. 2024-XXX Page 7 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Nuvia Ocampo Recording Secretary City of Santa Ana     EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-06 Conditional Use Permit (“CUP”) No. 2024-06 for drive-through window service 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 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. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023-22. 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 if the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, including details for the proposed block wall on the northern property line following the required lot merger, and note application of anti-graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5. At any time that vehicle stacking extends beyond the entrance to the drive-through facility, the restaurant shall provide field staff as reasonably required to expedite drive- through operations, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 6. In the event that site parking availability result in a nuisance for the surrounding neighborhood the Applicant is to develop a parking management plan to be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 7. Outdoor patio use shall terminate by 12:00 a.m. daily.     8. The Applicant is to process and finalize lot merger application No. LM-2023-04 prior to permit issuance. 9. Prior to issuance of a certificate of occupancy, the Applicant shall have demolished the existing block wall on the existing northern property line and constructed a new block wall on the new northern property line, following recordation of LM No. 2023-04, as per the approved site and landscape plans. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 12. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 13. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall 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); 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 on or 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; and 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.     Resolution No. 2024-XXX Page 1 of 7 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-07 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET (APN: 405-272-24 AND APN: 405-272-21) 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. Jay Higgins, with Raising Canes Chicken Fingers (Applicant), on behalf of Charles Manh (Property Owner) is requesting approval of Conditional Use Permit (CUP) No. 2024-06 to allow drive-through window service for an eating establishment in the Commercial (COM) zoning district of the Bristol Corridor Specific Plan (SP1) at 1303 North Bristol Street. B. In 1991, the City the City adopted SP1 to accommodate the flow of traffic at the time and projected increase in traffic as part of revitalization efforts of the corridor. C. The existing 1,200-square-foot commercial building previously developed on the subject property was later demolished in 2008 as part of the widening effort D. On April 21, 2020, the City Council adopted Resolution No. 2020-032 declaring the property as surplus. The property was subsequently acquired by Charles Manh on June 21, 2022, through Agreement for Exchange of Real Property No. A-2022-113. E. The Property Owner entered into a lease agreement with Raising Canes Chicken Fingers, which submitted Development Project (DP) application No. 2023-22 to the City on May 30, 2023. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. F. Santa Ana Municipal Code (SAMC) Section 41-424.5(j) requires approval of a CUP for eating establishments with after-hours operation. G. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. H. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-07. I. The Planning Commission of the City of Santa Ana has considered the information     Resolution No. 2024-XXX Page 2 of 7 and determines that the following findings, which must be established in order to grant CUP No. 2024-07, 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 wellbeing of the neighborhood or community. The eating establishment with after-hours operation in combination with the new eating establishment and drive-through window service will contribute to the general well-being of the neighborhood or community by providing additional dining options that are convenient for people working or residing in the surrounding area. Additionally, as of the project, the Applicant will develop the currently vacant lot and construct a new pad building featuring a contemporary design characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco in a neutral color scheme of brown, grey, black, and white. This development will introduce activity to the previously underutilized site, deter illicit activity, and generate business that, in the long term, will promote the economic viability of the City and the well-being of the 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 after-hours operation would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, rather the development of the site would discourage any illicit activity in the area and provide for more activity and property over site. Additionally, the proposed hours of operation and drive-through hours of operation would be Sunday through Thursday from 9:00 a.m. to 1:00 a.m. and on Friday and Saturday from 9:00 a.m. to 1:30 a.m. While the outdoor patio seating would be limited to 12:00 a.m. so as to minimize any potential impacts to the neighboring residential properties. Lastly, while the property is located adjacent to residential land uses, the design and measures related to noise, lighting, and odor would be taken would result in a project that is not anticipated to result in a nuisance to the neighboring properties. The lighting would not be detrimental to the persons residing in the adjacent residential properties as the illumination would be than 5-foot candles as required by the City’s design guidelines and range from 0.49 to 4.2-foot candles at the property line. Beyond the property line, the illumination would reduce to 0.0-foot candles as a result of careful placement, light shields, and screen wall. The primary noise sources associated with the proposed Raising Cane’s restaurant would consist of drive-through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical equipment. To address noise     Resolution No. 2024-XXX Page 3 of 7 concerns, the Applicant is proposing to provide enhanced landscaping along the property line wall to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A-weighted decibels (dBA) of the City’s allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high-quality air scrubber would be installed to limit odors from prepared food. Therefore, the project would not be detrimental to 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 proposed after-hours operation will not adversely affect the economic stability or future economic development of properties in the surrounding area, as the site is currently vacant and closed off with temporary construction fencing. Approval of the subject request would allow the Property Owner to establish a new eating establishment in the city and reintroduce activity to the site. Additionally, the after-hours would allow for additional hours of operation during which additional sales would be by providing that dinning opportunity which would stimulate commercial business that generates sales tax revenue for the City as well as and would generate new and permanent employment opportunities in favor of the economic growth and stability of the City. 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 regulations and conditions in Chapter 41 with the exception of the required parking as 32 parking spaces are required based on the size of the building and outdoor dining area and 21 parking spaces are proposed. Pursuant to Assembly Bill (AB) 2097, project sites located within a major transit area and would not be subject to requesting a deviation for the reduced parking. However, the reduced parking is not anticipated to impact the surrounding neighborhood as the drive-through services are typically the primary attraction for proposed Raising Canes Chicken Fingers location based on observations of other locations. Moreover, a separate condition of approval has been added to ensure that the operator establish a parking management plan should concerns related to the parking arise.     Resolution No. 2024-XXX Page 4 of 7 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 approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City’s diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the Applicant’s investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU-3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The Applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties. The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City’s efforts in achieving its full employment potential. The proposed request would allow the owner and Applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized     Resolution No. 2024-XXX Page 5 of 7 undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution- based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive-through and after-hours services in a manner that is not anticipated to create on-site or off-site impacts to customers or the community, through careful site planning and operation practices. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899 square foot commercial building with double drive-through lanes in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 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 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.     Resolution No. 2024-XXX Page 6 of 7 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-07, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1303 North Bristol Street. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney     Resolution No. 2024-XXX Page 7 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Nuvia Ocampo Recording Secretary City of Santa Ana     EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-07 Conditional Use Permit (“CUP”) No. 2024-07 for after-hours operation 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 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. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023-22. 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 if the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, including details for the proposed block wall on the northern property line following the required lot merger, and note application of anti-graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5. At any time that vehicle stacking extends beyond the entrance to the drive-through facility, the restaurant shall provide field staff as reasonably required to expedite drive- through operations, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 6. In the event that site parking availability result in a nuisance for the surrounding neighborhood the Applicant is to develop a parking management plan to be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 7. Outdoor patio use shall terminate by 12:00 a.m. daily. 8. The Applicant is to process and finalize lot merger application No. LM-2023-04 prior     to permit issuance. 9. Prior to issuance of a certificate of occupancy, the Applicant shall have demolished the existing block wall on the existing northern property line and constructed a new block wall on the new northern property line, following recordation of LM No. 2023-04, as per the approved site and landscape plans. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 12. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 13. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall 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); 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 on or 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; and 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.         CUP No. 2024-06 and CUP No. 2024-07 for Raising Canes Chicken Fingers 1303 North Bristol Street and APN: 405-272-21 Exhibit 4 – Site Photo                         O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 1303 N Bristol Street 06/28/2024 Publication Total $132.00 $132.00 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3826730 !A000006798125! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contactus priorto thePublic Hearing if you have any questions. Planning Commission Action:The Planning Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below.Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by anyinterested party orgroup. Project Location:1303 North Bristol Street for the property located within the Bristol Street Corridor Specific Plan (SP1) zoning district. Project Applicant:Jay Higgins,with Raising Cane's Chicken Fingers (Applicant)on behalf of Charles Manh (Property Owner) Proposed Project:Applicant requests approval of Conditional Use Permit (CUP) No.2024-06 and Conditional Use Permit (CUP)No.2024-07 to allow for the construction of a new eating establishment (Raising Cane's Chicken Fingers)with drive-through window services and after-hours operation (between 12:00 a.m.and 5:00 a.m.).The subject site is comprised of two parcels, Assessor's Parcel No.(APN)405-272-21 and 405-272-24,which will be merged as partof a ministerial review process. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA),the project is exempt from additional review pursuant to Section 15303 (Class 3 –New Construction)of the CEQA guidelines.Environmental Review No.2023-72 will be filed for this project. Meeting Details:This matter will be heard on Monday,July 8,2024,at 5:30 p.m.in the City Council Chambers,22 Civic Center Plaza,Santa Ana,CA92701. Members of the public may attend this meeting in person orjoin via Zoom.For the most up-to-date information on how to participate virtually in this meeting,please visit https://www.santa-ana.org/planning- and-building-meeting-participation/. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item #in the subject line)or by mail to Nuvia Ocampo, Recording Secretary,City of Santa Ana, 20 Civic Center Plaza –M20,Santa Ana, CA 92701.Deadline to submit written comments is 3:30 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any project questions,please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or byemail at HJacinto@santa- ana.org. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntasen español,favorde llamaraNuviaOcampo (714)667-2732. N u c nliênl c b ng ti ngVi t, xin i ntho i cho Tony Lais (714) 565-2627. 6/28/24 OR-3826730#     CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1303 North Bristol Street for the property located within the Bristol Street Corridor Specific Plan (SP1) zoning district. Project Applicant: Jay Higgins, with Raising Cane’s Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project: Applicant requests approval of Conditional Use Permit (CUP) No. 2024-06 and Conditional Use Permit (CUP) No. 2024-07 to allow for the construction of a new eating establishment (Raising Cane’s Chicken Fingers) with drive-through window services and after-hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor’s Parcel No. (APN) 405-272-21 and 405-272-24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 – New Construction) of the CEQA guidelines. Environmental Review No. 2023-72 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacinto@santa-ana.org.     Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP             Planning and Building Agency Item # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying various sections of the Specific Development No. 58 (SD-58) zoning district. EXECUTIVE SUMMARY Jeffrey Reese, representing C.J. Segerstrom & Sons, is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD- 58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings for a new industrial park development (“South Coast Technology Center”) at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). Staff is recommending approval of the amendments as the proposed changes would be compatible with the general plan land use designation, surrounding area, and would result in various on-site and off-site improvements that would benefit the community experience. Moreover, staff is supporting the applicant’s request because the project complies with the General Plan goals and policies and with the applicable development standards, and because the project would preserve and improve the character and integrity of existing neighborhoods and promote the City’s economic prosperity. DISCUSSION Project Description The applicant is requesting approval of a zoning ordinance amendment application to make comprehensive amendments to Specific Development No-58 (SD-58), which provides zoning regulations for 33 acres of land, including seven separate parcels. The proposed amendments include establishing permitted and conditionally permitted light     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 2 4 2 7 3 industrial land uses. Additionally, the amendments will modify various sections related to development phasing, signage, height standards, perimeter fencing, off-street parking, parking area trees, and operational standards, in order to provide development standards for the new limited light industrial uses. The proposed light industrial land uses and applicable standards would apply specifically to the properties located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive), as shown in Exhibit 6. Additional, details related to the zoning text changes can be found under Table 2. As part of the overall scope, the applicant is proposing to redevelop the project site with a new industrial park development, to be referred to as the South Coast Technology Center. To accommodate the new development, the applicant is proposing to demolish three, three-story office buildings approximately 60,462 square feet, 56,930 square feet, and 60,634 square feet in size. Currently, 3100 West Lake Center Drive was most recently occupied by OC 405 Partners Joint Ventures, vacated the site in June 2024; 3110 West Lake Center Drive is leased by United Health, which does not currently occupy the building but whose lease is expected to expire on April 30, 2025; and 3120 West Lake Center Drive, which is currently vacant. As part of the redevelopment, the applicant is processing a voluntary lot merger application, Lot Merger No. 2024-04, in order to merge assessor parcels nos. 414-272-10 and 414-272-09. The new development would consist of three new modern, “Class A” industrial buildings, across three separate parcels, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size. Two of the three new buildings (Building 2 and 3) are proposed to replace Lake Center Business Park, and Building 1 would be constructed on a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01). The gross floor area of the three buildings would total approximately 313,244 square feet, and would include, truck docks, two-story office spaces and second story balconies facing West Lake Center Drive. Moreover, the site would be improved with outdoor patios, landscaping, extensive onsite greenery to enhance the overall the site, ample surface parking, and EV charging stations. Additionally, a passive park is planned for the northwest corner of the site. This park will feature linear paving, light bollards, architecturally harmonious benches, modular seating, and flowering accent trees, shrubs, and soft foliage. It will serve as a focal point and offer recreational space for the community. Proposed off-site improvements include replacing asphalt along West Lake Center Drive, from Harbor Boulevard to Susan Street, and new grind and overlay of the West Lake Center Drive that would extend from Susan Street throughout the length of the site. Other off-street improvements include relocating the tree wells from the sidewalk to back of sidewalk, to ensure ADA compliance of existing sidewalks. The proposed development would be designed to provide for a campus like environment that can be utilized by up to five tenants. However, at this time the applicant has not identified any prospective business/tenants or pre-lease commitments. Instead, the     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 3 4 2 7 3 overall development will be developed as a “shell construction” or “base build,” which consists of only the building core and exterior elements (the shell). The interior build-out work is anticipated to be completed by any future tenants, to carry out before occupancy of the building. Shell construction is a very common building model/approach, especially for industrial buildings, that creates a blank slate on which prospective tenants can create a working space that is an exact fit for their own needs. In keeping with the campus feel, the buildings and site improvements are of a cohesive design with modern features and color scheme comprised of white, black, various shades of grey and an accent color. The building materials consist of concrete tilt up walls with groves and score lines for added texture, vertical and horizontal aluminum accents at the entryway, adjacent to glass storefronts. The outdoor patios would feature metal panel canopies with “groove picnic tables,” “shear,” and “Orion” benches, which are comprised of concrete and clean lines, in keeping with the modern asthenic of the center. Landscaping would also be planted in compatible, neutral above-ground planters, as well as in planter beds throughout the site, featuring a variety of colorful flowering shrubs, soft foliage, accent shrubs and evergreen shrubs. Additionally, various shade trees and flowering accent trees would be planted at entryways, site perimeter, and the parking lot. The entryway trees would be further accentuated with high quality and durable up-lighting. Although the site is anticipated to be enclosed by eight-foot wrought iron fencing, a minimum of ten feet of landscaping would be provided along the property frontages for buffering and screening. Access to Building 1 would be provided from Susan Street and Lake Center Dive, while Building 2 and 3 would have two entries from Lake Center Drive and one entry from Susan Street. The driveways would feature decorative paving to enhance the entryways and gates that would remain open during business hours and locked after hours. The site plan has been designed in a manner that would allow fire apparatus navigation through the site, designed to meet all fire lane requirements, and to meet the minimum fire separation requirements and setbacks. Table 1: Project and Location Information Item Information Project Address and Council Ward 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive West Lake Center Drive (APNs: 414-272-10, 414-272-09, 414-261-01) – Ward 1 Nearest Intersection Lake Center Drive and Susan Street General Plan Designation Industrial (IND) Zoning Designation Specific Development No. 58 (SD-58) North Calvary Chapel East Lake Center A Professional Office Park/parking structure South Santa Ana Processing and Distribution Center Surrounding Land Uses West Lake Center Business Park Property Size 15.94 acres (694,297 square feet)     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 4 4 2 7 3 Project Background On October 15, 1990, the City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application (Zone Change) No. 1043, Development Agreement No. 1990-03, and certification of an Environmental Impact Report. These approvals allowed for the increase in floor area ratio from 0.4 to 0.72 within the specific development area and rezoning of certain properties from Light Industrial (M- 1) to SD-58, which would provide for precise zoning regulations specific to development of an office/industrial park (“Lake Center Business Park”). Lake Center Business Park consisted of 33 acres of land with an allowable build out of 970,120 square feet. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving Zoning Ordinance Amendment (ZOA-2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. The Lake Center Business Park was constructed in the mid- to late-1980s, in compliance with the original development plans approved by Ordinance No. NS-2089 consisting of three, three-story office buildings that have been occupied by office uses since. The business park did include a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. As a result of the changing market trends in the wake of the Covid-19 pandemic, demand to lease the offices has declined leading the ownership to seek redevelopment opportunities of the office park. On September 11, 2023, the applicant submitted for Development Application (DP) No. 2023-03. The applicant worked with City staff to address various complex site plan concerns, such access for fire apparatus. Existing Site Development Three, three-story office buildings approximately 60,462 square feet, 56,930 square feet, and 60,634 square feet in size. Use Permissions Zoning Ordinance Amendment ( SAMC Section 41-593) Uses SAMC Section 41-593 and SD- 58 Sections 1-8Zoning Code Sections Affected Operational Standards SAMC Section 41-593 and SD- 58 Section 8     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 5 4 2 7 3 Project Analysis Zoning Ordinance Amendment Pursuant to SAMC Section 41-593.1, the purpose and intent of a specific development (SD) designation is to provide a tailored and flexible zoning approach to address specific and exceptional circumstances associated with certain parcels, while protecting and promoting the public health, safety and general welfare of the City and its residents. These circumstances may include unique characteristics, historical significance, or specific community needs that deviate from the standard zoning regulations. Moreover, SD designations protect and enhance the value of properties by encouraging the use of good design principles and concepts; encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development; providing a method whereby specific development plans are based on the general plan; and by recognizing the interdependence of land values and aesthetics and providing a method to implement interdependence. For this specific proposal, the applicant is proposing to amend the SD-58 to allow limited industrial uses, as well as establishing development standards specific to the those limited light industrial uses as detailed in Table 2. Table 2: SD-58 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation Uses Permitted Uses Permitted “by-right”: 1. Professional and Business Offices 2. Commercial/Retail uses Keep existing uses and include the following uses permitted “by- right”: 1. Limited Light Industrial Uses; and Introduce uses subject to a conditional use permit: 2. Conditionally Permissible Uses: a. Trade and professional schools. b. Private recreational fields. c. Conditionally permissible uses in the M1 zoning district. Staff recommends this amendment, as introducing limited light industrial uses allows for additional land uses to be established within the zoning district, consistent with the General Plan land use designation, which will also address the decline in demand for office uses and increased demand for flexible, clean manufacturing uses.     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 6 4 2 7 3 Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation Phasing Incremental phasing from 1990-1995 Eliminate phasing from the document. Staff recommends this amendment, as it is no longer applicable to the development of the SD-58 area. Signage On-site signs shall conform to Article XI, subsections 41-850 through 41-1099 and with an approved planned sign program. 1. On-sign for professional business, and commercial/retail land uses shall remain consistent with the approved sign program and SAMC. 2. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation. Staff recommends this amendment to and allow for administrative review of deviations that do not exceed twenty percent to allow more flexibility in signage and encourage creative unique designs in keep with the theme of the proposed improvements and new development. Major deviations would be subject to a variance. Height Limited to 200 feet above ground level. Limited Light Industrial Parcels would be subject to a height of 55 feet above ground level, exclusive of any roof-mounted equipment. Staff recommends this amendment to establish height limitations for limited light industrial buildings consistent with industry standard to ensure the site may remain competitive in the industry and secure tenants for the foreseeable future of the new development. Perimeter Fencing Subject to SAMC.1. All perimeter fencing abutting a public street shall be decorative, “see through”, 10 feet setback form the public right-of-way, and may be less Staff recommends this amendment to allow prospective tenants to provide added security and ensure that proposed operations can be with an additional layer of security and that such security     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 7 4 2 7 3 Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation than 10 feet to accommodate a code required accessible exist but shall not exceed a length of 20 feet. 2. No perimeter fencing shall exceed 7 feet in height without City approval. fencing be installed in a manner that complies with the SAMC and the ADA requirements. Off-street parking Parking standard provided for Medical and Dental, Professional and Business Offices, Restaurants, and Commercial uses. Update the section to include a parking standards for Trade and Professional Schools at a rate of one space for each 333 square feet of office floor area and Limited Light Industrial Uses a rate of 1.25 spaces for each 1,000 square feet of floor area. Staff recommends this amendment to establish parking requirements for the proposed land uses consistent with City’s parking rate for colleges, trade schools, and other adult education facilities and industrial developments Citywide. While industrial land uses pursuant to the SAMC may typically be parked at a rate of one (1) space per 1,000 square feet of floor area or two spaces per 1,000 square feet of floor area, the proposed rate of 1.25 allows for flexibility of combined mix onsite land uses as the site becomes occupied. Parking Area Trees A planter not less than 5 feet by 5 feet shall be required at a ratio of one planter for each 4 parking spaces. Amend to provide further clarification related to parking lot design: planters are to be required for head-to-head parking spaces but shall not be required where parking spaces terminate at a curb. Additionally, for every 10 spaces that terminate at a curb, a landscape finger at least 5 feet wide shall be required. Staff recommends this amendment to ensure parking lot landscaping be improved with high quality landscaping and to provide for additional clarification for planter placement and sizing. Operational Standards 1. Each future structure would be required to submit for site plan review. 1. Each future structure shall be required to demonstrate conformity with the applicable provisions Staff recommends this amendment to establish operational standards and ensure that new development, as well as any     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 8 4 2 7 3 Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation 2. Prior to issuance of a Building Permit, dedicate curb returns and ultimate street right-of-ways on Lake Center Drive and Susan Street. of SD-58 and any mitigation measures based on the existing Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation 2. Delete language referencing curb returns. 3. Amend to provide operational standards for Limited Light Industrial Uses future developments proposed, conform to the regulations outlined in SD- 58, as well as any previously established environmental requirements. The proposed amendments evaluated in the preceding table support the redevelopment of the site in a manner that is compatible with the surrounding community by reducing the mass and scale of the on-site developments. Furthermore, the improvements are expected to rejuvenate business activity in the area, addressing the current low demand for office space due changes in market trends, the site’s proximity to the freeway, and lack of amenities in the area necessary to support office uses. As outlined in the City’s general plan, industrial districts are significant sources of employment and municipal revenue, and they contribute to the economic health of the city and the region. Lastly, pursuant to the environmental analysis prepared for the project (Exhibit 7), the proposed project is not anticipated to create impacts related to light pollution, traffic, noise, or any other environmental impacts to the surrounding properties. Moreover, the project would be consistent with the City’s General Plan Update and the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), adopted by the City Council on April 19, 2022. The nearest sensitive land use is located approximately 300 feet from the project site. However, the proposed land uses are not anticipated to result in negative impact as they would be light industrial land uses, consistent with the General Plan update. General Plan Consistency On April 19, 2022, the Santa Ana City Council adopted the General Plan Update, which provided long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The proposed project aligns with various goals and policies identified in this General Plan. Specifically, it adheres to the Land Use (LU) Element, Goal LU-1, which aims to provide land use plans that improve the quality of life and respect the existing community. Consistent with this, the proposed request to amend the specific development to include limited light industrial use is supported by the General Plan and would result in a floor area ratio (FAR) within the     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 9 4 2 7 3 permissible range of 0.72, as outlined in Table LU-3 of the Land Use Element, which provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58). The proposed project, following the amendment of the specific development document, would also feature reduced mass and scale, aligning with Policy LU-3.4. Additionally, it would result in long-term off-site improvements that enhance the existing community and provide amenities for public enjoyment. The proposed project is consistent with Goal LU-2, which seeks to provide a balance of land uses that meets Santa Ana’s diverse needs, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. The request is also consistent with Goal LU-3, which aims to preserve and improve the character and integrity of neighborhoods and districts. The goal for the site is to develop high-quality industrial buildings that would revitalize the area and make off-site improvements to enhance the character of the surrounding neighborhood, which would also be consistent with Policy UD-1.1 and Urban Design (UD) Element. Policy UD-1.1 ensures that all developments feature high quality design, materials, finishes, and construction. Furthermore, the proposed project aligns with Goal LU-4 and Policy LU-4.2, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian-friendly amenities. As described, the ownership of the properties would redevelop the site, providing high-quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church, which would also be consistent with Policy UD-1.5. Policy UD- 1.5 encourages community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The proposed project would also be consistent with several goals and policies of the Economic Prosperity Element (EP). Specifically, it the project supports Goal EP-1, which seeks to foster a dynamic local economy that creates employment opportunities for all residents in the city. The request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Additionally, the proposed redevelopment of Lake Center Business Park aligns with Policy EP-1.2, which aims to strengthen and expand citywide business attraction, supporting the achievement of the city’s full employment potential. It also aligns with Policy EP-1.1, which seeks to protect industrial uses that provide quality job opportunities. Consistent with this policy, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses.     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 10 4 2 7 3 Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 11. The site is not located within a neighborhood association boundary or near an establish neighborhood association. At the time this report was printed, no issues of concern were raised regarding the proposed development. In addition to the required public noticing, the project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023. Three members of the community were in attendance and posed questions related to the ownership of the project site, leasing, concerns of transient activity in the area, and the land use. The second meeting was held on January 10, 2024, during which six members of the community were in attendance and inquired about the phasing of the project. Materials from the two required community meetings are included with this report as Exhibit 9, and all materials were published to the project’s webpage on the City’s website. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 7 has been prepared and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off-site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 11 4 2 7 3 characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the15183 exemption applies to projects which meet the following conditions: 1. The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off-site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above-listed topics analyzed in the environmental review.     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 12 4 2 7 3 The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. ECONOMIC AND FISCAL IMPACTS The proposed development associated with the amendment request is anticipated to generate a total of 687 permanent jobs (425 on-site and 262 off-site) and 555 one-time jobs associated with its construction. Additionally, the project would deliver a substantial positive impact to the City’s economy with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City, as it would expand its economic base, thereby providing a strong foundation for the City has continued economic growth and fiscal health. Additionally, the associated redevelopment with the amendment request is anticipated to generate a sizable annual recurring incremental fiscal surplus at build-out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. The annual revenues generated are projected to equal 2.27 times the associated City General Fund costs thus generating a positive net fiscal impact. EXHIBIT(S) 1. Zoning Ordinance Amendment Ordinance 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Full Project Plans 5. Renderings 6. Environmental Analysis and Exemption 7. Fiscal Impact Analysis Report 8. Economic Impact Study 9. Community Meetings Documents 10.Copy of Public Notices     ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 13 4 2 7 3 Submitted By: Heidi Jacinto, Assistant Planner II Approved By: Minh Thai, Executive Director, Planning and Building Agency     Ordinance No. NS-XXXX Page 1 of 22 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2024-01 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272-09, 414-272-10, AND 414-261-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. C.J. Segerstrom and Sons (“Applicant” and “Property Owner”), is requesting approval of Zoning Ordinance Amendment (“ZOA”) No. 2024-01 amending Specific Development No. 58 (“SD-58”) in order to facilitate the construction of a new industrial park development named the South Coast Technology Center located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). The proposed amendments to SD-58 would establish permitted and conditionally permitted light industrial land uses, and would include text amendments to various sections of SD-58, including development standards for signage, height, perimeter fencing, off-street parking, and landscaping, as well as project phasing, operational standards and development standards for the new light industrial uses proposed. B. On October 15, 1990, the City of Santa Ana City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application No. 1043, and Development Agreement No. 1990-03, and certifying an Environmental Impact Report. These approvals rezoned certain properties from the Light Industrial (M-1) zoning district to Specific Development (SD), established the SD-58 zoning district, and permitted the development of an office/industrial park (“Lake Center Business Park”). C. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving ZOA No. 2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools, within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046     Ordinance No. NS-XXXX Page 2 of 22 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. D. The Lake Center Business Park was constructed in the mid- to late-1980s, generally in compliance with the original development plans approved by Ordinance No. NS-2089. However, the business park includes a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. E. Due to the surrounding area not materially upgrading to the original vision of SD-58, the surrounding area remains largely industrial in nature, which has made it challenging for the Property Owners to attract office tenants. Moreover, following the COVID-19 (coronavirus disease 2019) pandemic, shifting market trends have resulted in a decline in demand to lease traditional office spaces. Therefore, the property owner seeks the redevelopment of 3100 W. Lake Center Drive, which may include a variety of uses, such as corporate offices, Research and Development (R&D), light manufacturing, and warehousing, among other industrial uses. F. The proposed amendments to the SD-58 support and are consistent with multiple General Plan goals and policies relating to the elements of Land Use, Urban Design, and Economic Prosperity. Attachment 1 to this Ordinance contains a full list of all applicable General Plan goals and policies that support the project. G. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 2-153, the applicant has demonstrated compliance with all requirements of the Sunshine Ordinance, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. H. On July 8, 2024, the Planning Commission held a duly-noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2024-01. I. On, August 6, 2024 the City Council held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. J. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2024-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.     Ordinance No. NS-XXXX Page 3 of 22 Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council finds and determines that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review that has been prepared and peer reviewed by a qualified CEQA consultant hired by the City included in the Planning Commission Staff Report for July 8, 2024, assesses the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (“GPU EIR”). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off-site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: 1. The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures     Ordinance No. NS-XXXX Page 4 of 22 that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off-site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above-listed topics analyzed in the environmental review. The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures contained in the GPU related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. Section 4. The Specific Development No. 58 (SD-58) is hereby amended to read as follows: SPECIFIC DEVELOPMENT PLAN NO. 58 Section 1 - Applicability of Ordinance The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26 Section 41593 et seq., of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use     Ordinance No. NS-XXXX Page 5 of 22 regulations and standards. All other applicable chapters, articles, and sections of the SAMC Santa Ana Municipal Code are in full effect shall apply unless expressly waived or superseded by this ordinance regulations contained within this specific development. Section 2 – Purpose The Specific Development Plan Number 58 (SD-58) consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake Center Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development Specific Development Plan Number SD-58 specifically establishes for the property the following: • The permitted uses; • Maximum authorized development densities; • Anticipated phasing of onsite development • Signage provisions; and • Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures specified on Exhibit I attached which are hereby incorporated as part of this Specific Development Plan No 58. Objectives The objectives of the Lake Center Specific Development Plan Specific Development Plan SD-58 include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site;     Ordinance No. NS-XXXX Page 6 of 22 4. Development that is exclusive of heavy industrial or noxious fumes toxic or hazardous materials, except as permitted by the SAMC; 5. Flexibility in development in response to market conditions while achieving overall City and community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhance the development and is harmonious with the adjacent environs. 7. Permitting certain uses consistent with the underlying General Plan Industrial land use designation within portions of the development; 8. Develop the site to enhance its economic viability, creating a range of employment opportunities and increasing municipal revenue, which contributes to the economic health of the City and the region; 9. Signage that visually enhances the development and is harmonious with the adjacent environs. Section 3 – Uses Permitted Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly, research and/or warehousing and shipping, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, day care centers, office and computer equipment, copy centers, postal centers, and other similar uses. 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit. 1. Trade and professional schools. 2. Private recreational fields.     Ordinance No. NS-XXXX Page 7 of 22 3. On the parcels illustrated on Figure 1, any use permitted in the M1 district either by right or subject to a conditional use permit, as listed in the SAMC, that is not listed in the Limited Light Industrial Uses section, above. 4. Any use subject to Section 41-199.4 of the SAMC. 5. Eating establishments exceeding 2,500 square feet in gross floor area. Limited Light Industrial Uses 1. On the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), in addition to Professional and Business Offices and Commercial/Retail uses, the following Limited Light Industrial uses are permitted: a. The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. b. The manufacture of products from raw or previously treated materials, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. c. The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5 of the SAMC. d. The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5 of the SAMC. e. Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. f. Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. g. Machine shop or other metal working shops. h. Warehousing. i. Research laboratories. j. Movie, photography, musical or video production studios. k. Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. l. Public utility structures. m. Blueprinting, photoengraving, screen printing and other reproduction processes. n. Eating establishments up to 2,500 square feet in gross floor area. 2. On the Limited Light Industrial Parcels, the following uses are permitted when ancillary to and physically integrated with any limited light industrial     Ordinance No. NS-XXXX Page 8 of 22 uses permitted in Section 1, above, or to any use permitted subject to a conditional use permit: a. Cafes and eating establishments limited to use by employees of the uses specific in Section 1. b. Administrative office use occupying up to thirty (30) per cent of the gross floor area. c. Product sales or service uses occupying up to five (5) per cent of the gross floor area. d. Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area. e. The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the SAMC, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. f. Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent. g. Caretakers quarters consistent with the requirements in section 41-479 of the SAMC. Section 4 – Maximum Permitted Building Density/Intensity The maximum authorized building densities/intensities for the Specific Development Plan SD-58 Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area, including a maximum of 325,044 square feet of limited Light Industrial uses on the Light Industrial Parcels. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. 3. Parking structures and appurtenant uses are not included in the calculation of floor area. 4. The precise timing of development, building sizes, and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. Section 5 – Phasing     Ordinance No. NS-XXXX Page 9 of 22 Phase Gross Floor Area (SQ. FT.) Year 1 Building #1 49,040 1990 2 Building #12 56,000 1990-1991 3 Building #11 104,190 1992 4 Building #17 40,000 1993 5 Building #10 160,000 1993 6 Building #9 160,000 1994-1995 Year of development, building size and configuration are predicted on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. Section 5 6 - Signage 1. Except as set forth here in, aAll future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the SAMC Santa Ana Municipal Code, in effect at the time of adoption of this ordinance. 2. On-site signs for the Professional and Business office uses and Commercial/Retail shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. 3. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation for proposed freestanding and wall signs of dimensions for location, height, length, and sign face area. In considering a request for such administrative modification, health and safety and design compatibility of the proposed signage shall be taken into consideration. Section 6 7 – Development Standards Professional and Business Offices Commercial 1. Building Heights. All future on-site uses with the exception of limited light industrial uses on parcels illustrated on Figure 1 will be subject to a height limitation of 200 feet above ground level which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. Limited light industrial uses on the parcels illustrated on Figure 1 will be subject to a height limitation of 55 feet above ground level, exclusive of any roof-mounted equipment. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed onsite uses and right of way boundaries for the following streets Lake Center Drive Susan Street Sunflower Avenue and MacArthur. A minimum ten foot setback will be provided for uses adjacent to internal roadways but such ten- foot setback shall not apply to drive aisles in parking lots. 3. Building Separation. Minimum building separation shall be governed by Uniform Building Code requirements except for parking structures which are     Ordinance No. NS-XXXX Page 10 of 22 not required to be separated from structures on separate parcels, and except for walkway covers connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in Section 6.2 above (Setbacks) above. Building setbacks shall be maintained for site coverage Site coverage for individual parcels or tracts shall be consistent with the approved precise plan provided that the setbacks described above are maintained. 5. Parking. Parking within the Lake Center Specific Development Plan SD-58 will be design to take advantage of the urban setting and balance of uses provided to attract companies contemplated by the Permitted Uses described in Section 3 above (Uses Permitted). This is represented by the mix of similar land uses located within close proximity to transportation facilities the properties governed by the SD-58 zoning. It is the intent of the applicant to provide parking facilities in the form of surface parking, parking structures above and, possibly, below grade or any combination thereof. The parking structures’ design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings may be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structure parking. a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership a recorded document shall be approved and filed with the City of Santa Ana Planning Division and signed by the owners of the parking site stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parking Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off street parking facilities are already provided. The required number of off street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off-     Ordinance No. NS-XXXX Page 11 of 22 street parking plan areas which contain 500 or more parking spaces a twenty (20) percent reduction may be permitted for required off street parking subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute’s (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street Spaces. The minimum number of off- street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. Restaurant. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an onsite building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve onsite users who will not drive to the site Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenger loading and unloading zone shall be provided for each building used for instructional purposes.     Ordinance No. NS-XXXX Page 12 of 22 Limited Light Industrial. One and one-quarter (1.25) spaces for each one thousand square feet of gross floor area. 6. Landscaping Standards. All areas not used for buildings parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements onsite. Plazas and courtyards shall provide a minimum of 30% of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard and interior streets. This edge will contain formal tree plants with turf ground cover or shrubs below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover lawn and or shrub and tree materials consistent with existing improvements. c. Parking Areas. In all areas where there is surface parking the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter, not less than For parking areas that feature head-to-head parking spaces there shall be a minimum five feet by five feet raised planter, including the thickness of the raised curb installed between the head-to-head parking spaces shall be required consistent with existing improvements at a ratio of one (1) planter for each (4) four parking spaces on each side of the head-to-head row (see Figure 2 for a depiction of such planters). For purposes of clarification, for parking spaces that terminate at a curb (i.e. not head-to-head), no such planter shall be required. For every ten parking spaces that terminate in a curb, there shall be a landscape finger at least five feet (5’) wide, including the thickness of the raised curbs enclosing such planter, and each planter will require one 15 gallon size tree, 8 five gallon size shrubs and ground     Ordinance No. NS-XXXX Page 13 of 22 cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the (SAMC) Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan SD-58. 8. Perimeter Fencing. All perimeter fencing abutting a public street or private street shall be of decorative, “see-through” material, such as wrought-iron, but in no event shall such fencing be a chain-link material. Such fencing shall be setback at least ten feet (10’) from the public right-of-way (the “Public Setback”) with landscaping, as approved by the City per Section 6.6 (Landscape Standards) above, between the fencing and the public right-of-way. Provided, however, the Public Setback may be less than ten feet (10’) from the public right-of-way to accommodate code-required, accessible exits through such fencing. The portion of the perimeter fencing that is less than ten feet (10’) to accommodate such code-required, accessible exit shall not exceed a length of twenty feet (20’) as measured parallel to the right-of-way. Perimeter fencing along interior property lines, if any, shall comply with Section 11.8.1 of the City’s Industrial Design Guidelines. No perimeter fencing shall exceed seven (7) feet in height as measured from the adjacent grade without the prior authorization by the City. Section 7 8 - Operational Standards 1. Conditions Covenants and Restrictions (CC & R’s) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation. 2. Each future structure(s) shall be required to demonstrate conformity with the applicable provisions of this Specific Development Plan SD-58 submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation, to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit dedicate curb returns and ultimate street right of ways on Lake Center Drive and Susan Street per the approved site plan. 3. Prior to issuance of a Utility Release complete the following:     Ordinance No. NS-XXXX Page 14 of 22 a) Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR and as modified in the response to comments portion of the EIR. b) Comply with the requirements of the Development Agreement, as applicable. 4. Any amendments and/or modifications to the project or site plan review approval per Development Project (DP) DP No. 2023-37, including modifications to approved materials, finishes, architecture, site plan, landscaping, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available, per the following: a. Modifications up to ten-percent (10%) deviations shall be reviewed and approved by the City of Santa Ana’s Planning Manager. b. Modifications up to twenty-percent (20%) deviations shall require a discretionary review and approval of a minor exception application by the City of Santa Ana’s Zoning Administrator, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. c. Modifications exceeding twenty-percent (20%) deviations shall require a discretionary review and approval by the City of Santa Ana’s Planning Commission, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. 5. Prior to the issuance of building permits for any building within the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), a detailed and comprehensive Landscape Plan shall be submitted to the Planning and Building Agency Executive Director or his/her designee for review and approval prior to the issuance of building permits. a. The plan shall comply with the City's Water Efficient Landscape Ordinance (WELO) Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute ( G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. b. The plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged.     Ordinance No. NS-XXXX Page 15 of 22 c. The plan shall include details of site furnishings. Site furnishing should be compatible in style with the buildings and selected to bring comfort, scale and design expression to the streetscape. These must also be highly durable and easy to maintain. Planters and pots should be used to complement the project architecture and other site amenities; avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of the furniture palette should be uniform. d. Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner and/or maintenance association established by any relevant Conditions Covenants and Restrictions (CC & R’s) shall be responsible for maintaining all common area landscaping within the development. 6. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), the property owner shall satisfy all site improvement requirements identified by the City’s Development Review Committee (DRC) as part of Development Project (DP) DP No. 2023-37, including but not limited to the following: a. Implementing water and sewer requirements, if any, determined necessary as part of the Water Hydraulic Model Evaluation Study conducted by the City of Santa Ana. 7. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), the property owner shall execute and record a Lot Merger Application to consolidate the lots at 3100 W. Lake Center Drive. 8. Prior to final occupancy of a business established within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), a Property Maintenance Agreement must be executed between the City of Santa Ana and the Property Owner in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall ensure that the Property and all improvements located thereupon are properly maintained. 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);     Ordinance No. NS-XXXX Page 16 of 22 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 and 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; and h. The execution of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. i. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in any real property illustrated on Figure 1 (the “Limited Light Industrial Parcels”), within the boundaries of Specific Development No. 58, or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.     Ordinance No. NS-XXXX Page 17 of 22     Ordinance No. NS-XXXX Page 18 of 22     Ordinance No. NS-XXXX Page 19 of 22 Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2024. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ Jose Montoya Assistant City Attorney AYES: Councilmembers: __________________________________ NOES: Councilmembers: __________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________     Ordinance No. NS-XXXX Page 20 of 22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ____________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________________ ________________________________ Jennifer L. Hall City Clerk City of Santa Ana     Ordinance No. NS-XXXX Page 21 of 22 Attachment 1 Consistent and Supportive General Plan Goals and Policies Land Use (LU) Element Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs. The project is consistent with this General Plan Land Use Element goal, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.4: Compatible Development. Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. The project is consistent with these General Plan Land Use Element goals and policies, as the goal for the site is to develop high-quality industrial buildings that would revitalize the area and make off-site improvements to enhance the character of the surrounding neighborhood. Additionally, the proposed improvements would also feature reduced mass and scale, which would be more compatible with the surrounding area. Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.2: Public Realm: Maintain and improve the public realm through quality architecture, street trees, landscaping, and other pedestrian-friendly amenities. The project is consistent with these General Plan Land Use Element goals and policies, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian-friendly amenities. As the ownership of the properties would redevelop the site by providing high-quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church. These improvements would improve the public realm, include pedestrian friendly amenities and support the built out environment. Urban Design (UD) Element Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment.     Ordinance No. NS-XXXX Page 22 of 22 Policy UD-1.1: Design Quality: Ensure all developments feature high quality design, materials, finishes, and construction. Policy UD-1.5: Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The project is consistent with these General Plan Urban Design Element goals and policies as the goal for the site would be to develop with high-quality industrial buildings that would feature high-quality materials and finishes that would improve the physical character of the area. Additionally, the proposed passive park would create a space for community interaction and encourage community interaction and pedestrian connection to the public realm. Economic Prosperity (EP) Element Goal EP-1: Job Creation and Retention: Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. Policy EP-1.1: Protect Industrial: Protect industrial uses that provide quality job opportunities, including middle-income jobs; provide for secondary employment and supporting uses; and maintain areas where smaller emerging industrial uses can locate in a multitenant setting. Policy EP-1.2: Attract Business: Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with these General Plan Economic Prosperity Element goals and policies, as the request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Furthermore, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses, which would support industrial land uses Citywide that would provide for employment opportunity.         ZOA-2024-01 for South Coast Technology Center 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive Exhibit 3 – Site Photo     ZOA-2024-01 for South Coast Technology Center 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive Exhibit 3 – Site photo                                                                                                 32 Executive, Suite 100Irvine, CA 92614T 949.833.3800 - F 949.833.3806 THESE DRAWINGS AND/OR THE ACCOMPANYING SPECIFICATIONS ASINSTRUMENTS OF SERVICE ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECTAND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINALSITE FOR WHICH THEY WERE PREPARED. RE-USE, REPRODUCTION ORPUBLICATION BY ANY METHOD, IN WHOLE OR IN IS PROHIBITED EXCEPT BYWRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS AND/ORSPECIFICATIONS SHALL REMAIN WITH THE ARCHITECT WITHOUT PREJUDICE.AND VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIA EVIDENCEOF ACCEPTANCE OF THESE RESTRICTIONS. CONSULTANT: PROFESSIONAL SEAL: PROJECT TITLESouth CoastTechnology Center3100 Lake Center DriveSanta Ana, CaliforniaAPN: 414-261-01APN(S): 414-272-09; 414-272-10 OWNER/ APPLICANT: C.J. Segerstrom & Sonsa California general partnership3315 Fairview RoadCosta Mesa, California 92626BUILDING 3- WEST ELEVATION (BEYOND) - LAKE CENTER DRIVE SHEET NAMERENDERINGSBUILDINGS 2 & 3 NO:DATE:DESCRIPTION: 2023-08-21 1st Submittal Site Plan Review 2024-01-22 2nd Submittal Site Plan ReviewMtg. City - Bldg. 1 Fire Access &Bldgs 2 & 3 Unlimited Area 2024-03-082024-04-08 3rd Submittal Site Plan Review2024-04-23 Slip Sheet Changes for Bldg. 3 22020JOB NO:2023-08-21CMH DATE ISSUED:DRAWN BY: CHECK BY: CMH SHEET NO: A-3.4BUILDING 2 NORTH ELEVATION -LAKE CENTER DRIVE BUILDING 3 NORTH-WEST CORNER - LAKE CENTER DRIVE E:\Projects-DRA\22000\22020\Autocad-Design\Elevations\22020_Renderings_04.dwg, 4/19/2024 3:02:51 PM, AutoCAD PDF (General Documentation).pc3     32 Executive, Suite 100Irvine, CA 92614T 949.833.3800 - F 949.833.3806 THESE DRAWINGS AND/OR THE ACCOMPANYING SPECIFICATIONS ASINSTRUMENTS OF SERVICE ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECTAND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINALSITE FOR WHICH THEY WERE PREPARED. RE-USE, REPRODUCTION ORPUBLICATION BY ANY METHOD, IN WHOLE OR IN IS PROHIBITED EXCEPT BYWRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS AND/ORSPECIFICATIONS SHALL REMAIN WITH THE ARCHITECT WITHOUT PREJUDICE.AND VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIA EVIDENCEOF ACCEPTANCE OF THESE RESTRICTIONS. CONSULTANT: PROFESSIONAL SEAL: PROJECT TITLESouth CoastTechnology Center3100 Lake Center DriveSanta Ana, CaliforniaAPN: 414-261-01APN(S): 414-272-09; 414-272-10 OWNER/ APPLICANT: C.J. Segerstrom & Sonsa California general partnership3315 Fairview RoadCosta Mesa, California 92626BUILDING 3- AERIAL OVERALL PARK NIGHT VIEW SHEET NAMERENDERINGSPARK NO:DATE:DESCRIPTION: 2023-08-21 1st Submittal Site Plan Review 2024-01-22 2nd Submittal Site Plan ReviewMtg. City - Bldg. 1 Fire Access &Bldgs 2 & 3 Unlimited Area 2024-03-082024-04-08 3rd Submittal Site Plan Review2024-04-23 Slip Sheet Changes for Bldg. 3 22020JOB NO:2023-08-21CMH DATE ISSUED:DRAWN BY: CHECK BY: CMH SHEET NO: A-3.5BUILDING 3 - PARK CLOSE UP NIGHT VIEW BUILDING 3 - PARK CLOSE UP DAY TIMEE:\Projects-DRA\22000\22020\Autocad-Design\Elevations\22020_Renderings_04.dwg, 4/19/2024 3:02:53 PM, AutoCAD PDF (General Documentation).pc3     CEQA Exemption 15183 – Environmental Documentation Date: July 3, 2024 Project: South Coast Technology Center Project To: Heidi Jacinto, City of Santa Ana, Planning and Building Agency CC: Jeffrey Reese, C.J. Segerstrom & Sons From: Pei-Ming Chou, Michael Baker International Vicky Rosen, Michael Baker International John Bellas, Michael Baker International The City of Santa Ana (City) has received a project application for the proposed South Coast Technology Center Project (Project), located at 3100, 3110, and 3120 Lake Center Drive, Santa Ana, Orange County, California (Assessor’s Parcel Numbers [APN] 414-261-01, 414-272-09, 414-272-10). As documented herein, the proposed Project qualifies for a statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (California Public Resources Code 21083.3). 1. Project Background On April 19, 2022, the Santa Ana City Council adopted the Golden City Beyond (General Plan Update) and certified the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), dated October 2021. The General Plan Update provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The General Plan Update consists of the following 12 elements: Community, Economic Prosperity, Mobility, Public Services, Conservation, Noise, Open Space, Safety, Land Use, Historic Preservation, Housing, and Urban Design. According to the GPU PEIR, the full buildout of the General Plan Update (year 2045) would result in a net increase of 96,855 persons, 36,261 housing units, 5,849,220 square footage of nonresidential building space, and 11,436 jobs as compared to existing conditions in 2019. The GPU PEIR is a program EIR pursuant to Section 15168 of the CEQA Guidelines, providing a level of analysis consistent with the high-level nature of the General Plan Update. The programmatic environmental document may be used to eliminate or reduce the scope of future environmental review for individual projects that are consistent with the General Plan Update pursuant to CEQA Guidelines Section 21083.3 and other streamlining provisions authorized by CEQA. Later projects implemented after the General Plan Update are examined with consideration of the GPU PEIR to determine whether subsequent environmental analysis or documentation must be prepared. In addition, the CEQA Guidelines currently provide for streamlining through Section 15183, Projects Consistent with a Community Plan or Zoning. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions:     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 2 (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Further, as set forth in CEQA Guidelines Section 15183(e), the 15183 exemption applies when all feasible mitigation measures identified in the applicable certified EIR are implemented by the public agency with jurisdiction to require such mitigation measures. CEQA Guidelines Sections 15183(a) through 15183(c) describe the limitations on environmental review and the examination of environmental effects for projects that qualify for an exemption pursuant to CEQA Guidelines Section 15183. These sections state: (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. (b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. As demonstrated throughout this memorandum, the Project would qualify for an exemption from CEQA as a project consistent with a community plan or zoning under CEQA Guidelines Section 15183. In this case, the general plan is the City’s General Plan Update for which the corresponding GPU PEIR was certified. This memorandum provides the limited examination of environmental effects for the Project pursuant to CEQA Guidelines Section 15183(b), evaluating whether there are impacts that are peculiar to the Project or the Project Site, impacts not analyzed as significant effects in the GPU PEIR, potentially significant off-site or cumulative impacts not     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 3 evaluated in the GPU PEIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU PEIR. 2. Project Description 2.1 Project Location The City of Santa Ana is located in central Orange County, generally north of the San Diego Freeway (Interstate 405 [I-405]), south of the Garden Grove Freeway (State Route 22 [SR-22]), and west of the Costa Mesa Freeway (SR-55) and Interstate 5 (I-5). The City is approximately 30 miles southeast of downtown Los Angeles; refer to Figure 1, Regional Vicinity. Santa Ana is surrounded by the cities of Orange and Garden Grove to the north, Tustin to the east, Costa Mesa and Irvine to the south, and Fountain Valley and Westminster to the west. The generally north- south trending Santa Ana River traverses the western portion of the City. The Project is located at 3100, 3110, and 3120 Lake Center Drive within the southwestern portion of Santa Ana on three land parcels (Assessor’s Parcel Numbers [APN] 414-261-01, 414-272-09, and 414-272-10) that comprise approximately 15.8 net acres (Project Site) on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street; refer to Figure 2, Site Vicinity. Regional access to the Project Site is provided via I-405. Local access to the Project Site is provided via MacArthur Boulevard and Susan Street. 2.2 Existing Conditions The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north- south South Susan Street. As shown in Figure 2, the Lake Center Office Park is located on the eastern portion of the Project Site and contains three existing office buildings arranged in a rough U-shape around an artificial pond with fountain features, surface parking, a parking structure, a grass lawn, and landscaping. The western three-story building is approximately 60,634 square feet and fully vacant; the central three-story building is approximately 56,930 square feet and is leased to United Health Services but has been unoccupied since the onset of the COVID-19 pandemic in 2020. The eastern six-story building is approximately 60,462 square feet, and the ground floor is leased to and occupied by OC 405 Partners Joint Venture, but will be vacant as of June 30, 2024.1 Surface parking is located east and west of the buildings and a partially underground parking structure is located south of the buildings. The grass lawn runs south and west of the surface parking lot along Susan Street. Ornamental trees and landscaping are located throughout the office park along building perimeters and parking areas. The western portion of the Site, west of South Susan Street, is a vacant field. The field is fenced. 1 Although the buildings are predominantly vacant at this time, this document analyzes an occupied baseline since the buildings were previously occupied and operational for the vast majority of the time. Furthermore, the property owner has the ability to lease, occupy and/or operate the currently underutilized spaces at any time under the current entitlements.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 4 This page is intentionally left blank.     P A C I F I C O C E A N ORANGE COUNTY LOS ANGELES COUNTY 261 241 241 142 1 1 22 39 5 5 5 133 55 405 405 605 15 5 57 91 72 91 71 90 74 73 IMPERIAL HWY. EDINGER AVE. WARNER AVE. IRVINE BLVD. CROWN VALLEY PKWY. EA S TERN TRANS. CORR. WHITTIER BLVD. BEACH BLVD. EL TORO RD. SANTIAGO CANYO N RD. CHAPMAN AVE. I RV INE CENTER DR. MOULT ON PRKY. STREET OF THE G OLDEN LANTERN JAMBOREE RD. MACARTHUR BLVD. OLD NEWPOR T BL VD. YORBA LINDA BLVD. SAN JOAQUIN HILLS T R ANS. CORRIDOR PROP. F O O T HILL TRANS. CORRIDOR HARBOR BLVD. KATELLA AVE. NewportBeach SanClemente SantaAna Anaheim Fullerton LaHabra Brea Cypress BuenaPark YorbaLinda Villa Park AnaheimHills MissionViejo LakeForest LagunaBeach DanaPoint San JuanCapistrano LagunaNiguel Orange HuntingtonBeach CostaMesa SealBeach GardenGrove Tustin Irvine LosAlamitos SOUTH COAST TECHNOLOGY CENTER PROJECT Figure 1 Regional VicinityNOT TO SCALE 06/2024 • JN 199799 PROJECT SITE     This page is intentionally left blank.     SOUTH COAST TECHNOLOGY CENTER PROJECT Figure 2 Site Vicinity Source: Google Earth Pro, April 2024 NOT TO SCALE 06/2024 • JN 199799HARBOR BLVDS FAIRVIEW STSUSAN STW LAKE CENTER DR SUNFLOWER AVE W M A C A R T H U R B L V D PROJECT SITE     This page is intentionally left blank.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 9 Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses. To the north of the Project Site, across from West Lake Center Drive, is the Calvary Chapel Private School Program support facility and athletic fields. Surface parking, a parking structure, and the Greenville Banning Channel bound the Project Site to the east. To the south of the Project Site are office buildings, surface parking lots, and a U.S. Postal Service facility. Freight rail tracks bound the Project Site to the west. 2.3 General Plan Designation and Zoning According to the General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND).2 The Industrial designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor-area-ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU-3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. Based on the City of Santa Ana Zoning Map (Zoning Map), the Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. 2.4 Project Characteristics The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The three existing buildings within the Lake Center Office Park that would be demolished are located on the eastern portion of the Project Site and total 178,026 square feet. The total site area of 689,310 square feet (15.8 net acres) across the Project Site would be divided into two lot areas containing three buildings. Two new buildings (Buildings 2 and 3) would be constructed to replace the Lake Center Office Park and one new building (Building 1) would be constructed on the vacant field to the west of Susan Street; refer to Figure 3, Conceptual Site Plan. The three proposed Class A buildings would result in a total building square footage of 313,244 square feet. Each building would have a truck dock and a potential mezzanine located opposite the truck dock. A total of 497 parking stalls would be provided for the Project. The characteristics of each building are as follows: 2 City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU-1, Land Use Map, April 2022.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 10 This page is intentionally left blank.     SOUTH COAST TECHNOLOGY CENTER PROJECT Figure 3 Conceptual Site Plan Source: DRA Architects, June 2024 NOT TO SCALE 06/2024 • JN 199799    This page is intentionally left blank.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 13 · Centrally located on the parcel west of Susan Street, Building 1 would consist of a 58,615- square-foot tenant space and a 53,615 tenant space, for a total building square footage of 112,230 square feet on a 243,212-square-foot lot area (5.6 net acres). Building 1 would provide 164 parking spaces located around the perimeter of the building. Additionally, Building 1 would have 1,210 square feet of outdoor covered patio area and 36,832 square feet of landscaping. A loading dock with nine dock high doors and two grade doors would be located on the western side of the building, facing the existing railroad. Building 1 would have a maximum exterior height of 48 feet and 4 inches. · Building 2 would be centrally located on the Project Site to the east of Susan Street and would consist of two 60,823-square-foot tenant spaces, for a total building square footage of 121,645 square feet on a 446,098-square-foot lot (10.2 net acres) shared with Building 3. Building 2 would provide 178 parking spaces located around the perimeter of the building. Additionally, Building 2 would have 707 square feet of outdoor covered patio area and 31,707 square feet of landscaping. A loading dock with 11 dock high doors and two grade doors would be located on the southern side of the building. Building 2 would have a maximum exterior height of 48 feet and 4 inches. · Building 3 would be located in the eastern portion Project Site. The 79,369-square-foot building would be located on a 446,098-square-foot lot area shared with Building 2, with 155 parking spaces located on the west, south, and east sides of the building. The north side of the building would feature a prominent landscaped entrance to the South Coast Technology Center with benches and seating. Building 3 would have 895 square feet of outdoor covered patio area and 36,596 square feet of landscaping. A loading dock with seven dock high doors and one grade door would be located on the southern side of the building. Building 3 would have a maximum exterior height of 44 feet and 5 inches. Ancillary improvements to the Project Site would include landscaping, monument signage, lighting, and fencing. The proposed Project would include 27 short term bike parking spaces and 27 long term bike parking spaces near building entrances. The Project Site would be accessible from four driveways along Lake Center Drive and three driveways along South Susan Street. Trucks would access the Project Site via the proposed driveway entrances along Lake Center Drive at the northwest corner of the Project Site and between Building 2 and Building 3, and along Susan Street near the southwest corner of Building 2. All other driveways would be used for passenger vehicles. Internal drive aisles would provide access to the proposed buildings. Additionally, the proposed Project would require connections to existing pipelines for water, sewer, and storm drains within Lake Center Drive and Susan Street. The proposed Project would comply with the latest California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The latest California Building Energy Efficiency Standards and CALGreen became effective on January 1, 2023 (i.e., 2022 Title 24). The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. To further maximize energy efficiencies, the proposed Project would exceed the 2022 Title 24 by approximately 10 percent. The proposed Project would accomplish this through installing high efficiency HVAC units, using better building envelope insulation and glazing, installing high efficiency LED lighting, and designing lighting power density to be a minimum of 10 percent better than the baseline lighting power density of the existing buildings. The proposed Project would also install solar-ready roofs for each building.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 14 2.4.1 Entitlements To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The development standards would be updated to include standards for perimeter fencing and revised parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Minor changes to SD-58 are also included to reflect emerging best practices and provide flexibility for future development projects within the district. Additionally, the proposed Project would require a lot merger and site and development plan approval. 2.4.2 Project Construction Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, excavation, grading, building construction, paving, and architectural coating. The majority of the excavation for the proposed buildings would require over-excavation for the building pads at a depth of approximately 5 to 8 feet. The spoils from the over-excavation would be recompacted in the pad areas. Trenches for utility connections would require a maximum excavation depth of 14 feet. In total, it is anticipated that the proposed Project would excavate approximately 18,600 cubic yards of soils, of which a maximum of 7,235 cubic yards would be exported. Construction activities would comply with the City’s Noise Ordinance, Santa Ana Municipal Code (SAMC) Section 18-314(e) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required for utilities connections to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 15 3. California Environmental Quality Act Regulatory Setting CEQA applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA applies generally to discretionary actions by agencies which may have a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment, or if the activity meets the conditions for a CEQA exemption, it is considered exempt from the provisions of CEQA. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified. Additional environmental review of such projects shall not be required, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Projects that are consistent with the densities and use characteristics considered by the GPU PEIR may qualify for the CEQA Guidelines Section 15183 Exemption process. In accordance with CEQA Guidelines Section 15183(b), in approving a project meeting the requirements of Section 15183, “a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.” The environmental review contained in Section 4 has been prepared to assess the potential for the proposed Project to result in such environmental effects and whether the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. The previously certified GPU PEIR serves as the primary environmental compliance document for the Project, and the text, standards conditions, and applicable mitigation measures are incorporated by reference. The GPU PEIR (State Clearinghouse #2020029087) is available to the public for inspection at the City of Santa Ana, City Hall, during normal business hours.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 16 4. Environmental Review This section includes an assessment, by issue area, of the proposed Project’s potential effects on the environment. 4.1 Aesthetics 4.1.1 GPU PEIR Findings The GPU PEIR concluded that while buildout of the General Plan Update would result in greater density and intensity in five focus areas, it would not create a substantially adverse impact on scenic vistas nor degrade the City’s visual character or quality. As stated in the GPU PEIR, because the City is highly urbanized, buildout in accordance with the GPU would consist mainly of infill and redevelopment efforts. Additionally, the GPU PEIR determined that the visual character of historic districts and scenic corridors within the City would not be substantially impacted. As stated in the GPU PEIR, development would be required to comply with the design and development specifications outlined in the updated land use and urban design elements. The aesthetic quality of development within the City would be guided by the SAMC and the seven existing specific plan/special zoning areas. Further, the GPU PEIR determined that by complying with the building codes, nighttime lighting and glare impacts and potential spillover caused by the full buildout of the General Plan Update would be minimized and impacts would be less than significant. Lastly, there are no state-designated scenic highways in Santa Ana, and thus, no impact would occur related to state scenic highways. The GPU PEIR determined that aesthetics impacts would be minimized with the implementation of GPU PEIR Regulatory Requirements (RR) AE-1 through RR AE-3. RR AE-1 would require the City to enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 would require the City to enforce development standards and other general provisions as detailed in the Zoning Code (SAMC Chapter 41, Zoning) to ensure consistency between the General Plan and proposed development projects. RR AE-3 would require the City to enforce the development standards and guidelines of adopted specific plans. Overall, impacts related to aesthetics were determined to be less than significant. 4.1.2 Project Analysis The Project Site is located within a highly urbanized area in the southwestern portion of Santa Ana, and is not located within one of the five focus areas, a historic district, or near a scenic corridor. Additionally, no long range public views are available from or through the Project Site. The Project Site is currently developed with an existing 10.2-acre office park east of Susan Street and also consists of an approximately 5.6-acre vacant field west of Susan Street. Thus, the proposed Project would redevelop an infill site, consistent with the buildout of the General Plan Update, and would not impact a scenic vista. The Project Site is not located within a state-designated scenic highway and there are no designated or eligible scenic highways within 5 miles of the Project Site.3 Therefore, the proposed Project would not have a substantial adverse effect on a scenic vista, or damage scenic resources within a state-designated scenic highway. 3 California Department of Transportation, California State Scenic Highway System Map, https://caltrans. maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa, accessed April 25, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 17 The Project would redevelop the Lake Center Office Park with two new industrial buildings and would construct a new industrial building on the vacant parcel west of Susan Street. The proposed Project would include accent walls, high quality landscaping, and monument signage at the primary entryways to the Project Site that would add visual interest to the site. Although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site’s zoning would be consistent with the General Plan Update land use designation of Industrial. The Project would be required to comply with updated development standards governing aesthetics for the SD-58 District, which include building heights, setbacks, separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing and parking, the development standards for the SD-58 District remain essentially unchanged with the proposed SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Furthermore, the proposed Project would comply with RR AE-1 through RR AE-3. Therefore, the Project would not degrade the existing visual character of the Project Site or conflict with applicable zoning or other regulations governing scenic quality. Additionally, the proposed Project would comply with existing outdoor lighting standards for nonresidential buildings in SAMC Section 8-211, Special commercial building provisions, which require lighting to be contained on-site. Proposed nighttime lighting on-site for the outdoor areas would be limited to security, parking, and accent lighting. Therefore, the Project would not create a new source of substantial light or glare that would adversely affect day or nighttime views. Based on the above, impacts related to aesthetics would be less than significant and similar to the impacts identified in the GPU PEIR. The Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts would be less than significant. As such, no new project-specific mitigation measures are required. 4.1.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR AE-1 through RR AE-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe aesthetic impacts than anticipated by the GPU PEIR. 4.1.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AE-1 The City shall enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 The City shall enforce development standards and other general provisions as detailed in the Zoning Code (Chapter 41 of the Municipal Code) to ensure consistency between the City’s General Plan and proposed development projects. This includes compliance with the requirements of any ordinance adopting specific development plans. RR AE-3 The City shall enforce the development standards and design guidelines of adopted specific plans. In addition to these specific plans, the City will enforce the development standards of the Metro East Mixed-Use Overlay Zone for each district within the overlay area.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 18 4.2 Agriculture and Forestry Resources 4.2.1 GPU PEIR Findings As stated in the GPU PEIR, most of the City is urbanized and developed. The City does not have any land designated or zoned for agricultural use, forestland, timberland, or timberland production. Additionally, the City does not have any land subject to a Williamson Act contract. Therefore, no impact to agricultural and forestry resources would occur with buildout of the General Plan Update. 4.2.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The vacant field does not contain any agricultural, forestland, or timberland uses. The Project Site is zoned SD-58, which allows for professional and business office and commercial/retail uses. The Project proposes to amend SD-58 to allow for industrial uses. The Project does not involve any land use changes related to agriculture, forest land, or timberland production. Furthermore, the Project Site and surrounding area are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and do not include lands that qualify as forest land or timberland.4 Therefore, similar to the GPU PEIR conclusion, no impact to agricultural and forestry resources would occur as a result of the Project. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, and no new project-specific mitigation measures are required. 4.2.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to agriculture and forestry resources than anticipated by the GPU PEIR. 4.2.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply. 4.3 Air Quality 4.3.1 GPU PEIR Findings The GPU PEIR analyzed the General Plan Update’s consistency with South Coast Air Quality Management District’s (SCAQMD) 2016 Air Quality Management Plan (AQMP), which was the latest AQMP when the GPU PEIR was prepared. The GPU PEIR concluded that buildout of the General Plan Update would exceed population estimates for the City, and therefore the emissions associated with the additional population are not included in the regional emissions inventory for the South Coast Air Basin (Basin). Additionally, air pollutant emissions associated with buildout of the General Plan Update would cumulatively contribute to the nonattainment designations in the Basin. Therefore, overall, the GPU would be inconsistent with the AQMP. Even with GPU PEIR Mitigation Measures (MM) AQ-1 and MM AQ-2, requiring the preparation of a project- specific technical assessment of construction and operational-related air quality impacts, and 4 California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/ DLRP/CIFF/, accessed February 27, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 19 policies in the General Plan Update, the GPU PEIR concluded that future development pursuant to the General Plan Update would result in significant and unavoidable impacts regarding consistency with SCAQMD’s 2016 AQMP. Regarding impacts related to a cumulatively considerable net increase of criteria pollutants, the GPU PEIR acknowledged that construction activities associated with the General Plan Update would temporarily increase particulate matter (i.e., PM10 and PM2.5), volatile organic compounds (VOC), nitric oxides (NOX), sulfur oxides (SOX), and carbon monoxide (CO) regional emissions within the Basin. The GPU EIR also acknowledged that individual projects accommodated under the General Plan Update may not exceed the SCAQMD regional significance thresholds, but because site-specific development project information was not available at the time of the preparation of the GPU PEIR, and projects under the GPU PEIR could be constructed at the same time, impacts related to construction-related emissions that would cumulatively contribute to nonattainment designations of the Basin would be significant even with the implementation of GPU PEIR MM AQ-1. Similarly, the GPU PEIR concluded that buildout in accordance with the General Plan Update would generate long-term emissions that would exceed SCAQMD’s regional significance thresholds for VOC, NOX, and CO, which would cumulatively contribute to the nonattainment designations of the Basin. GPU PEIR MM AQ-2, in addition to the goals and policies of the General Plan Update, would reduce air pollutant emissions to the extent feasible, but impacts would remain significant and unavoidable due to the magnitude of the overall land use development associated with the General Plan Update. Regarding sensitive receptors, the GPU PEIR concluded that buildout of the General Plan Update, including industrial and warehousing land uses, could expose sensitive receptors to substantial concentrations of toxic air contaminants (TACs). While individual projects could result in TAC emissions under the project-level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the Basin. GPU PEIR MM AQ-3, requiring a project-specific health risk assessment (HRA) for new industrial or warehousing developments, would be required to ensure mobile sources of TACs not covered under SCAQMD permits are considered during subsequent project-level environmental review by the City. Additionally, GPU PEIR MM AQ-1 and MM AQ-2 would reduce the regional construction and operation emissions associated with buildout of the General Plan Update, and therefore also result in a reduction of localized construction- and operation-related criteria air pollutant emissions to the extent feasible. However, implementation of the General Plan Update would generate TACs that could contribute to elevated levels in the Basin, and because existing sensitive receptors may be close to project- related construction activities and large emitters of on-site operation-related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed SCAQMD’s Localized Significance Thresholds (LSTs). Thus, the GPU PEIR concluded that the General Plan Update’s cumulative contribution to health risk and localized impact would remain significant and unavoidable. However, because buildout of the General Plan Update would not result in the increase in traffic volume required to generate a CO hotspot, impacts related to CO hotspots would be less than significant. Regarding odors, the GPU PEIR determined that industrial land uses have the potential to generate objectionable odors, and that GPU PEIR MM AQ-4 would ensure that odor impacts are minimized, and that facilities would comply with SCAQMD Rule 402. The GPU PEIR stated that the Industrial and Industrial Flex land uses proposed under the General Plan Update are not anticipated to produce odors since the General Plan Update assumes that the odor-producing industrial land uses such as wastewater treatment plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing, facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch manufacturing plants, chemical     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 20 manufacturing, and food manufacturing facilities would not be permitted. Therefore, the GPU PEIR concluded that odor impacts would be less than significant. 4.3.2 Project Analysis The following section evaluates potential short- and long-term air quality impacts that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment A, Air Quality Assessment, and Attachment B, Health Risk Assessment. The Air Quality Assessment and Health Risk Assessment were prepared to fulfill the requirements of GPU PEIR MM AQ-1, MM AQ-2, and MM AQ-3. CONSISTENCY WITH APPLICABLE AIR QUALITY PLAN On December 2, 2022, the SCAQMD Governing Board adopted the 2022 AQMP. The 2022 AQMP incorporates the latest scientific and technical information and planning assumptions, including the latest applicable growth assumptions, updated emission inventory methodologies for various source categories. Additionally, the 2022 AQMP utilized information and data from the South Coast Association of Governments (SCAG) and its 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). While SCAG has recently adopted Connect SoCal 2024 (i.e., the 2024-2050 RTP/SCS), SCAQMD has not released an updated AQMP based off of the 2024-2050 RTP/SCS growth projections. As such, this consistency analysis is based off the 2022 AQMP and the RTP/SCS that was adopted at the time, the 2020-2045 RTP/SCS. According to the SCAQMD’s CEQA Air Quality Handbook, projects must be analyzed for consistency with two main criteria, as discussed below. Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. i) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertain to pollutant concentrations, rather than to total regional emissions, an analysis of a project’s pollutant emissions relative to localized pollutant concentrations associated with the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS) is used as the basis for evaluating project consistency. As detailed below under the Criteria Air Pollutants subsection, localized concentrations of CO, NOX, PM10, and PM2.5 would be less than significant during Project construction and operations. Therefore, the proposed Project would not result in an increase in the frequency or severity of existing air quality violations. ii) Would the project cause or contribute to new air quality violations? As discussed below under the Criteria Air Pollutants subsection, the proposed Project would result in emissions that are below the SCAQMD thresholds. Therefore, the Project would not have the potential to cause or affect a violation of the ambient air quality standards.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 21 iii) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed Project would result in less than significant impacts regarding localized concentrations during Project construction and operations; refer to the Localized Pollutants and Sensitive Receptors subsection below. As such, the Project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD’s second criterion for determining project consistency focuses on whether the proposed Project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. i) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? A project is consistent with the 2022 AQMP, in part, if it is consistent with the population, housing, and employment assumptions that were used in the development of the 2022 AQMP. In the case of the 2022 AQMP, three sources of data form the basis for the projections of air pollutant emissions: general plans, SCAG’s regional growth forecast, and SCAG’s 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS also provides socioeconomic forecast projections of regional population growth. The Project Site is designated Industrial and zoned SD-58. The Industrial land use designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities; permitted uses in the SD-58 zoning district include professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar uses. The Project proposes the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the Project would be consistent with the land use projections previously envisioned for this site. Furthermore, the Project is anticipated to generate approximately 425 employees, which would be a nominal amount of employment increase compared to the growth identified in the GPU PEIR, which is an increase of 13,418 jobs between 2019 and 2045.5 As such, the proposed Project is considered consistent with the General Plan Update, and is consistent with the types, intensity, and patterns of land use previously envisioned for the site. The population, housing, and employment forecasts, which are adopted by SCAG’s Regional Council, are based on the local plans and policies applicable to the City. As the SCAQMD has incorporated these same projections into the 5 City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 22 2022 AQMP, it can be concluded that the proposed Project would be consistent with the 2022 AQMP. ii) Would the project implement all feasible air quality mitigation measures? The proposed Project would be required to comply with GPU PEIR RR AQ-1 through RR AQ-3, which include applicable emission reduction measures identified by the SCAQMD such as Rule 403 that requires control of excessive fugitive dust emissions by regular watering or other dust prevention measures, and Rule 1113 that regulates the reactive organic gas (ROG) content of paint. In addition, the Project would implement GPU PEIR MM AQ-1 and MM AQ-2, which require the preparation and submittal of a technical assessment that evaluates the project’s potential construction and operational-related air quality impacts. The Air Quality Assessment (refer to Attachment A) was prepared to fulfill the requirements of GPU PEIR MM AQ-1 and MM AQ-2. As such, the proposed Project meets this AQMP consistency criterion. iii) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020- 2045 RTP/SCS. Overall, it is anticipated that the proposed Project would be consistent with SCAG’s 2020-2045 RTP/SCS in that it would be located in a highly developed and urbanized area of Santa Ana with multiple bus stops within a quarter mile and would provide short- and long-term bike parking, both of which would incentivize employees to take alternative modes of travel, thereby reducing criteria pollutant emissions. Therefore, the Project would be consistent with the land use planning strategies and would be consistent with this criterion. Impact Summary In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed Project would not result in a long-term impact on the region’s ability to meet state and federal air quality standards. Further, the proposed Project’s long-term influence on air quality in the Basin would also be consistent with the SCAQMD and SCAG’s goals and policies and is considered consistent with the 2022 AQMP. As such, impacts resulting from the proposed Project would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project-specific mitigation measures are required. CRITERIA AIR POLLUTANTS Construction Impacts The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. Construction would result in fugitive dust emissions, exhaust emissions from construction equipment and worker vehicles, emissions from the application of coatings (i.e., ROG emissions). Construction activities would comply with SCAQMD Rule 402, which prohibits fugitive dust from creating a nuisance off-site, Rule 403, which requires that excessive fugitive dust emissions be controlled by regular watering or other dust prevention measures, and Rule 1113, which provides specifications on painting practices as well as regulates the ROG content of paint (refer to RR AQ-3). Additionally, the proposed Project     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 23 would comply with RR AQ-2 to limit idling of construction equipment to less than five minutes. The analysis of construction criteria pollutant emissions has been prepared utilizing the California Emissions Estimator Model (CalEEMod) version 2022.1.6 Table 4.3-1, Construction Criteria Pollutant Emissions, summarizes the estimated maximum daily emissions of VOC (ROG), NOX, CO, SO2, PM10, and PM2.5. As shown in Table 4.3-1, the daily total construction emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. Table 4.3-1 Construction Criteria Pollutant Emissions Construction Phase (Year) Pollutant (pounds/day)1,2 ROG NOX CO SO2 PM10 PM2.5 Demolition (2024) 2.75 29.21 24.39 0.05 4.71 1.7 Grading (2024) 3.63 36.89 32.3 0.07 4.63 2.5 Building Construction (2024) 1.75 13.71 21.12 0.03 2.76 1.02 Building Construction (2025) 1.66 12.77 21.52 0.03 2.68 0.96 Paving (2025) 2.85 7.51 10.71 0.01 0.55 0.37 Architectural Coating (2025) 71.03 0.99 2.46 < 0.01 0.39 0.11 Maximum Daily Emissions3 71.03 50.6 53.42 0.10 7.39 3.52 SCAQMD Significance Thresholds 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CalEEMod version 2022.1. Higher emissions between summer and winter are presented as a conservative analysis. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. Grading and building construction phases would overlap in 2024. As such, maximum daily emissions for all pollutants except for ROG are the total of grading phase and building construction phase emissions in 2024. Totals may be slightly off due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. With respect to the proposed Project’s construction-period air quality emissions and cumulative Basin-wide conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the 2022 AQMP. The proposed Project would comply with SCAQMD Rule 403 requirements and implement all feasible SCAQMD rules to reduce construction air emissions to the extent feasible. In addition, the proposed Project would comply with adopted 2022 AQMP emissions control measures. Pursuant to SCAQMD rules and mandates, as well as the CEQA requirement that significant impacts be mitigated to the extent feasible, these same requirements (i.e., Rule 403 compliance, implementation of all feasible mitigation measures, and compliance with adopted AQMP emissions control measures) would also be imposed on construction projects throughout the Basin, which would include related projects. 6 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, Project emissions are conservative.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 24 The Project’s construction emissions would be below the established thresholds and would result in less than significant air quality impacts. Thus, it can be reasonably inferred that the Project’s construction emissions would not contribute to a cumulatively considerable air quality impact for nonattainment criteria pollutants in the Basin, and impacts would be less than significant. Operational Impacts Long-term air quality impacts typically consist of mobile source emissions generated from traffic associated with on-site uses (i.e., motor vehicle use by employees, deliveries travelling to and from the site), and emissions from area and energy sources. Operational emissions associated with the existing and proposed uses of the Project Site were estimated in CalEEMod. Existing uses of the Project Site generate 1,930 daily trips while the Project would generate 1,544 daily trips7. This analysis utilized trip lengths of 39.9 miles per trip for 4-axle trucks and 14.2 miles per trip for 2-axle and 3-axle trucks based on SCAQMD guidance; trip lengths for passenger cars remain as CalEEMod defaults (5.3 to 13.4 miles per trip). At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero-emission [ZE], near-zero-emission [NZE], or 2010 or beyond model year trucks) for Project operations. If ZE or NZE fleets are utilized during Project operations, the Project’s emissions would be less than those identified in this analysis. Area source emissions would be generated from consumer products, architectural coatings, and landscaping. Regarding energy emissions, the primary use of electricity by the Project would be for space heating and cooling, water heating, ventilation, lighting, appliances, landscaping equipment, and electronics. The proposed Project would not consume natural gas according to the Project applicant. However, criteria air pollutant emissions from electricity use are not quantified since criteria pollutants emissions occur at the site of the power plant, which is off-site. Emissions associated with each of these sources were calculated and are discussed below in Table 4.3-2, Operational Criteria Pollutant Emissions. As shown in Table 4.3-2, the daily total operational emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. As shown in Table 4.3-2, the Project would result in reduced ROG and CO emissions during both summer and winter conditions compared to existing conditions primarily due to the proposed Project generating less mobile source emissions than the existing office uses. In addition, the Project would not consume natural gas, which would also partially contribute to the reductions of ROG and CO emissions. Overall, the daily total operational emissions would not exceed established SCAQMD thresholds. As discussed, the proposed Project would not result in long-term operational air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project-by-project basis. Emission reduction technology, strategies, and plans are constantly being developed. As a result, the proposed Project would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Therefore, no cumulative operational impacts associated with implementation of the proposed Project would result. 7 Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 25 Table 4.3-2 Operational Criteria Pollutant Emissions Emissions Source Pollutant (pounds/day)1 ROG NOX CO SOX PM10 PM2.5 Existing Summer Emissions Mobile2 6.41 4.59 50.50 0.12 10.90 2.82 Area 6.65 0.12 14.50 < 0.005 0.03 0.02 Energy3 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Summer Emissions4 13.10 5.92 66.00 0.13 11.00 2.93 Project Summer Emissions Mobile2 2.85 26.30 33.90 0.28 14.70 4.11 Area 9.73 0.12 14.10 < 0.005 0.03 0.02 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Summer Emissions4 12.60 26.40 48.00 0.28 14.70 4.13 Net Increase From Existing Conditions -0.50 20.48 -18.00 0.15 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Existing Winter Emissions Mobile2 6.34 4.99 47.30 0.11 10.90 2.82 Area 4.28 0.00 0.00 0.00 0.00 0.00 Energy 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Winter Emissions4 10.70 6.20 48.30 0.12 11.00 2.91 Project Winter Emissions Mobile2 2.82 27.40 32.00 0.28 14.70 4.11 Area 7.41 0.00 0.00 0.00 0.00 0.00 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Winter Emissions4 10.20 27.40 32.00 0.28 14.70 4.11 Net Increase From Existing Conditions -0.50 21.20 -16.30 0.16 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions calculated using CalEEMod Version 2022.1. 2. Operational trips based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024). 3. According to the Project applicant, the Project would not consume natural gas. 4. Totals may not add precisely due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Air Quality Health Impacts Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables (e.g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [e.g., age, gender]). In particular, ozone (O3) precursors, VOCs and NOX, affect air quality on a regional scale. Health effects related to O3 are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations and, as such, translating project-generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the Project’s less than significant increases in regional air pollution from criteria air pollutants during construction would have negligible impacts on human health.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 26 As noted in the Brief of Amicus Curiae by the SCAQMD, the SCAQMD acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form.8 Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD), SJVAPCD has acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project’s air emissions and specific human health impacts.9 The SCAQMD acknowledges that health effects quantification from O3, as an example, is correlated with the increases in ambient level of O3 in the air (concentration) that an individual person breathes. SCAQMD’s Brief of Amicus Curiae states that it would take a large amount of additional emissions to cause a modeled increase in ambient O3 levels over the entire region. The SCAQMD further states that based on their own modeling in the SCAQMD’s 2012 Air Quality Management Plan, a reduction of 432 tons (864,000 pounds) per day of NOX and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce O3 levels at highest monitored site by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify O3-related health impacts caused by NOX or VOC emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations. Thus, as the Project would not exceed SCAQMD thresholds for construction and operational air emissions, the Project would have a less than significant impact for air quality health impacts. Impact Summary In conclusion, construction and operational impacts resulting from the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment. Project impacts would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project-specific mitigation measures are required. LOCALIZED POLLUTANTS AND SENSITIVE RECEPTORS Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. 8 South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. 9 San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 27 Localized Significance Thresholds LSTs were developed in response to SCAQMD Governing Boards’ Environmental Justice Enhancement Initiative (I-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized air quality impacts. The SCAQMD provides the LST screening lookup tables for one-, two-, and five-acre projects emitting CO, NOX, PM2.5, or PM10. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The Project is located within SRA 17, Central Orange County. Construction The SCAQMD guidance on applying CalEEMod to LSTs specifies the number of acres a particular piece of equipment would likely disturb per day.10 SCAQMD provides LST screening thresholds for one-, two, and five-acre site disturbance areas; SCAQMD does not provide LST screening thresholds for projects over five acres. The Project would actively disturb approximately three acres per day during the grading phase of construction. Therefore, the construction LST screening threshold for two acres were utilized as a conservative analysis. As discussed, the nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. This sensitive land use may be potentially affected by air pollutant emissions generated during on-site construction activities. LST screening thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. As the nearest sensitive receptor is located approximately 100 feet (30.5 meters) from the Project Site, the lowest available LST screening values for 25 meters was used. Table 4.3-3, Localized Significance of Construction Emissions, shows the localized construction- related emissions for NOX, CO, PM10, and PM2.5 compared to the LST screening thresholds for SRA 17. It is noted that the localized emissions presented in Table 4.3-3 are less than those in Table 4.3-2 because localized emissions include only on-site emissions (i.e., from construction equipment and fugitive dust), and do not include off-site emissions (i.e., from hauling activities). As shown in Table 4.3-3, localized construction emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from construction would be less than significant. Further, as discussed in the Attachment B, Health Risk Assessment, the highest expected average diesel particulate matter (DPM) emission concentrations resulting from construction of the Project at a sensitive receptor would be approximately 0.06955 µg/m3. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on 16-month maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project construction activities is approximately 1.71 per million for 16- month exposure at the sensitive receptor at the school and 5.68 per million for 16-month exposure at a residential sensitive receptor location east of the Project Site. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR. 10 The number of acres represent the total acres traversed by grading equipment. To properly grade a piece of land, multiple passes with equipment may be required. The disturbance acreage is based on the equipment list and days of the grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 28 Table 4.3-3 Localized Significance of Construction Emissions Emissions Source Emissions (pounds per day) NOX CO PM10 PM2.5 Maximum Daily Construction Emissions1, 2 45.50 43.30 4.34 2.74 LST Screening Threshold3 115 715 6 4 Thresholds Exceeded? No No No No Notes: 1. The grading phase would overlap with the building construction phase during Year 1; maximum daily construction emissions from these two phases are combined to be presented as the worst-case scenario for NOX, CO, PM10, and PM2.5 emissions. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOX, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the anticipated daily acreage disturbance for construction (approximately three acres; therefore, the two-acre thresholds were used) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by state, federal, and international agencies and was identified as a toxic air contaminant by CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos Report, serpentinite and ultramafic rocks are not known to occur within the Project area.11 According to the Attachment C, Cultural and Paleontological Resources Identification Memorandum, the existing buildings were built after the 1980s. Thus, the buildings are not likely to contain asbestos. However, SCAQMD Rule 1403 requires that, prior to the start of demolition activities, the existing structure shall be thoroughly surveyed for the presence of asbestos by a person that is certified by Cal/OSHA for asbestos surveys. Rule 1403 requires that the SCAQMD be notified a minimum of 10 days before any demolition activities begin with specific details of all asbestos to be removed, start and completion dates of demolition, work practices and engineering 11 California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 29 controls to be used to contain the asbestos emissions, estimates on the amount of asbestos to be removed, the name of the waste disposal site where the asbestos will be taken, and names and addresses of all contractors and transporters that will be involved in the asbestos removal process. Therefore, through adherence to the asbestos removal requirements, detailed in SCAQMD Rule 1403, a less than significant asbestos impact would occur during construction of the proposed Project. Operations According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project if the project includes stationary sources or attracts mobile sources that may spend extended periods queuing and idling at the site (e.g., warehouse or transfer facilities). Since the proposed Project consists of three new Class A industrial buildings for office, manufacturing, and/or warehouse use, the operational phase LST protocol was applied. If emissions exceed the applicable operational LST screening thresholds for the Project Site, then additional dispersion modeling would need to be conducted to determine if there is an actual exceedance of the ambient air quality standards. The Project Site is approximately 15.8 acres. Therefore, the LST values for five-acre at 25 meters were utilized to provide a conservative estimate of operational LST impacts. It is assumed that the maximum distance a vehicle could travel on the 15.8-acre (approximately 0.0247-square mile) site would be one mile or less. Therefore, a conservative percentage of 20 percent of the total mobile source emissions (one mile trip on-site of the shortest 5.3-mile trip) were assumed as on-site emissions. This assumption is conservative because only 45 percent of the passenger cars trips would have a trip length of 5.3 miles per trip; all other trip types and vehicle types would have much longer trip lengths. Table 4.3-4, Localized Significance of Operational Emissions, shows the calculated emissions for the Project’s operational activities compared to the applicable LST screening thresholds. As shown in Table 4.3-4, the Project’s operational area source emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from operations would be less than significant. Further, based on the Health Risk Assessment, the highest expected annual average DPM emission concentrations resulting from operation of the Project (332 daily truck trips) at a sensitive receptor would be 0.00456 micrograms per cubic meter (µg/m3). This level of concentration would be experienced at the institutional uses (Calvary Chapel High School) located directly east of the Project Site, where DPM emissions were modeled to include emissions from on-site and off-site heavy duty trucks movement and idling. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on four-year maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project implementation is 0.00965 per million for 4-year exposure at the sensitive receptor at the school. The highest calculated carcinogenic risk at a residential sensitive receptor location (800 feet south of the Project Site) is 1.750 per million for 30-year exposure. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 30 Table 4.3-4 Localized Significance of Operational Emissions Emissions Source Emissions (pounds per day) NOX CO PM10 PM2.5 Maximum Daily Area Source Emissions 0.12 14.10 0.03 0.02 Maximum Daily On-Site Mobile Emissions1 5.48 6.78 2.94 0.82 Maximum Daily Energy Emissions 0.00 0.00 0.00 0.00 Total Maximum Daily On-Site Operational Emissions 5.60 20.88 2.97 0.84 Localized Significance Threshold2 183 1,253 3 2 Thresholds Exceeded? No No No No Notes: 1. As it was conservatively assumed that approximately 20 percent of the project’s mobile trips would occur on the 15.8-acre site, the operational LST assessment analyzed 20 percent of the maximum daily winter or summer operational mobile emissions. 2. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOX, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the site acreage (approximately 15.8 acres; therefore, the five-acre thresholds were used as a conservative analysis) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Carbon Monoxide Hotspots CO emissions are a function of vehicle idling time, meteorological conditions and traffic flow. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthy levels (i.e., adversely affect residents, school children, hospital patients, the elderly, etc.). To identify CO hotspots, the SCAQMD requires a CO microscale hotspot analysis when a project increases the volume-to-capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. Because traffic congestion is highest at intersections where vehicles queue and are subject to reduced speeds, these hot spots are typically produced at intersection locations. The Basin is designated as an attainment area for state and federal CO standards. There has been a decline in CO emissions even though vehicle miles traveled (VMT) on U.S. urban and rural roads have increased. On-road mobile source CO emissions have declined 24 percent between 1989 and 1998, despite a 23 percent rise in motor VMT over the same 10 years. California trends have been consistent with national trends; CO emissions declined 20 percent in California from 1985 through 1997, while VMT increased 18 percent in the 1990s. Three major control programs have contributed to the reduced per-vehicle CO emissions: exhaust standards, cleaner burning fuels, and motor vehicle inspection/maintenance programs. A detailed CO analysis was conducted in the Federal Attainment Plan for Carbon Monoxide (CO Plan) for the SCAQMD’s 2003 Air Quality Management Plan. The locations selected for microscale modeling in the CO Plan are worst-case intersections in the Basin and would likely experience the highest CO concentrations. Of these locations, the Wilshire Boulevard/Veteran Avenue intersection experienced the highest CO concentration (4.6 parts per million (ppm)), which is well below the 35-ppm 1-hr CO federal standard. The Wilshire Boulevard/Veteran Avenue intersection is one of the most congested intersections in southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection (100,000 ADT), it     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 31 can be reasonably inferred that CO hotspots would not be experienced at any locations near the Project Site as the Project would not result in increase in daily trips compared to existing conditions. Therefore, similar to the analysis in GPU PEIR, impacts related to CO hotspots would be less than significant. Impact Summary In conclusion, both construction and operational localized air quality impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project-specific mitigation measures are required. OBJECTIONABLE ODORS Construction activities associated with the Project may generate detectable odors from heavy- duty equipment exhaust and architectural coatings. However, construction-related odors would be short-term in nature and cease upon Project completion. In addition, the Project would be required to comply with the California Code of Regulations, Title 13, Sections 2449(d)(3) and 2485, which minimizes the idling time of construction equipment either by shutting it off when not in use or by reducing the time of idling to no more than five minutes (RR AQ-2). This would further reduce the detectable odors from heavy-duty equipment exhaust. The Project would also comply with the SCAQMD Rule 1113, which would minimize odor impacts from ROG emissions during architectural coating (RR AQ-3). Any impacts to existing adjacent land uses would be short-term. Land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed Project involves the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the operation of the Project would not involve land uses typically associated with odor complaints. In relation to truck operations, the proposed Project would be required to comply with the California Code of Regulations, Title 13, Sections 2485(C)(1) which limits the idling time of trucks to no more than five minutes and would further minimize emissions and possible odors. As discussed above, Project adherence with SCAQMD Rule 402 would minimize any discharge of contaminants that could be detrimental or would cause a nuisance. In conclusion, project-related construction and operational impacts pertaining to other air emissions (such as those leading to odors) would be less than significant, and would be the same as impacts disclosed in the GPU PEIR, which were also determined to be less than significant. As such, no new project-specific mitigation measures are required. 4.3.3 Conclusion Overall, the Project is consistent with the General Plan Update. With implementation of RR AQ-1 though RR AQ-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe air quality impacts than anticipated by the GPU PEIR.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 32 4.3.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AQ-1 New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: · Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. · Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” · Rule 1113, which limits the volatile organic compound content of architectural coatings. · Rule 1466, Soil Disturbance. Projects that involve earth-moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. MM AQ-112 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: 12 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PEIR MM AQ-1 and MM AQ-2.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 33 · Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: - Use of nontoxic soil stabilizers to reduce wind erosion. - Apply water every four hours to active soil-disturbing activities. - Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. · Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. · Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. · Limit nonessential idling of construction equipment to no more than five consecutive minutes. · Limit on-site vehicle travel speeds on unpaved roads to 15 miles per hour. · Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. · Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. MM AQ-213 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: · For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. 13 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PEIR MM AQ-1 and MM AQ-2.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 34 · Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. · Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). · Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). · Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. · Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). · Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. · Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star–certified or equivalent appliances shall be verified by Building & Safety during plan check. · Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. MM AQ-314 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T- BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may 14 The Health Risk Assessment (Attachment B) was prepared to fulfill the requirements of GPU PEIR MM AQ-3.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 35 include, but are not limited to, restricting idling on-site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. 4.4 Biological Resources 4.4.1 GPU PEIR Findings According to the GPU PEIR, the City is built out with primarily industrial, commercial, and residential uses. Within the City, wildlife habitats are generally limited to open space/vacant parcels, the Santa Ana River, and the Santiago Creek. A total of 499 parcels are designated as Open Space land use within the City boundaries. An additional 135 parcels within the City boundaries were identified as vacant or containing natural resources but are not designated Open Space. The General Plan Update proposes no change in General Plan land use designation for the parcels identified as open space or vacant parcels within the City limits. The inventory of existing conditions conducted for the GPU PEIR determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Nevertheless, while no development or land use changes are proposed in the City’s open space areas, and the GPU PEIR reported no indication that development in accordance with the General Plan Update would have significant biological impacts, the GPU PEIR concluded that there is potential for implementation of the General Plan Update to impact candidate, sensitive, or special status species, particularly if future development includes stream crossings. In addition, the GPU PEIR determined that development under the General Plan Update could result in vegetation removal, intrusion by humans and pets, and increase noise and air pollution, which could adversely affect wildlife movement, nesting sites, and migratory birds. Thus, the GPU PEIR concluded that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be potentially significant even with implementation of RR B-1 through RR B-5. However, with incorporation of GPU PEIR MM BIO-1, which would require screening by a qualified biologist to determine if a site-specific biological resources report is required for projects that disturb vegetated land or major streams, impacts would be reduced to less than significant. No land use changes were proposed on parcels identified as riparian habitat, sensitive natural communities, or wetlands and jurisdictional waterways by the General Plan Update. Additionally, the City is not within a Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area. Thus, the GPU PEIR concluded that the General Plan Update would have a less than significant impact related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP. 4.4.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. The vacant field is disturbed, surrounded by urban uses, and does not contain any critical habitat for threatened and endangered species as     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 36 delineated by the U.S. Fish and Wildlife Service.15 The Project Site also does not contain nor is it adjacent to any wetland or riparian habitat as identified by the National Wetlands Inventory.16 As stated in the GPU PEIR, parcels with a proposed land use designation that allows for development, such as the Project Site, currently do not contain sensitive vegetation with any biological value. Thus, although the Project Site contains limited ornamental vegetation, the site does not include attributes that would be capable of supporting special status or sensitive plant species, or native resident or migratory species. Additionally, the Project would comply with RR B-2, which would ensure any potential direct or indirect impacts to bird species that may nest in the on-site trees comply with California Fish and Game Code Section 3503, which prohibits the take, possession, or needless destruction of any bird’s nest or eggs. Therefore, Project impacts related to candidate, sensitive, or special status species; riparian habitat; wetlands; native resident or migratory species would be less than significant. A total of 201 trees would be removed to construct the proposed Project, all of which are located on the Project Site. SAMC Chapter 33, Article VII regulates the planting, maintenance, and removal of public trees. Since all trees removed would be on-site trees, the regulations contained in SAMC Chapter 33, Article VII would not apply to the Project. Thus, the Project would not conflict with the City’s tree ordinance and impacts would be less than significant. In addition, as stated in the GPU PEIR, the City is not within an NCCP/HCP area. Therefore, the proposed Project would not conflict with an NCCP/HCP or other approved local, regional, or state habitat conservation plan and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP would be less than significant and that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be less than significant with mitigation. As such, no new project-specific mitigation measures are required. 4.4.3 Conclusion The Project is consistent with the General Plan Update. With compliance with RR B-2 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off- site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe biological resource impacts than anticipated by the GPU PEIR. 4.4.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR B-2 Regulatory requirement for potential direct/indirect impacts to common and sensitive bird and raptor species will require compliance with the California Fish and Game Code Section 3503. 15 U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77, accessed April 25, 2024. 16 U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary.wim.usgs.gov /wetlands/apps/wetlands-mapper/, accessed April 25, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 37 4.5 Cultural Resources 4.5.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update could adversely impact the City’s numerous historical properties listed in national, state, and local registers. Implementation of RR CUL-2 through RR CUL-6 and GPU PEIR MM CUL-1 through MM CUL-3 would be required. Specifically, GPU PEIR MM CUL-1 would require a historical resources assessment (HRA) for structures 45 years or older. GPU PEIR MM CUL-2 would require the maximum use of the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings to ensure that projects involving relocation, conversion, rehabilitation, or alteration of a historic resources would not impair any historical significance. In the event that impacts to historical resources cannot be avoided, GPU PEIR MM CUL-3 would require the affected historical resources to be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. However, impacts to historical resources would still be significant and unavoidable. The GPU PEIR stated that development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. To reduce impacts to archaeological resources and prior to ground-disturbing activities, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of a qualitied archaeologist. If potentially significant archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation be performed by a qualified archaeologist. If the Archaeological Resources Assessment required by GPU PEIR MM CUL-4 does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, then GPU PEIR MM CUL-6 requires a qualified archaeologist and a Native American monitor culturally affiliated with the project area to monitor all ground-disturbing activities in the areas of high archaeological sensitivity. However, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but indicates that the site has moderate sensitivity for archaeological resources, then GPU PEIR MM CUL-7 requires that a qualified archaeologist be retained on-call. With implementation of GPU PEIR MM CUL-4 through MM CUL-7, impacts to archaeological resources would be less than significant. As stated in the GPU PEIR, the potential for disturbance of human remains is low since development in accordance with the General Plan Update would be largely limited to infill sites and previously disturbed land in an urban environment. The GPU PEIR determined that compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that impacts to human remains would be less than significant. 4.5.2 Project Analysis The following section evaluates potential impacts to cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Cultural Memorandum was prepared to fulfill the requirements of GPU PEIR MM CUL-4.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 38 Based on the Cultural Memorandum, the Project Site does not contain any historical resources as defined by CEQA Guidelines Section 15064.5(a). Three buildings would be demolished as part of the proposed Project, but they are not historic in age (i.e., 50 years old). As discussed in the Cultural Memorandum, aerial photographs indicate that the two buildings on the Project Site east of Susan Street were constructed between 1980 and 1987. The third building was constructed between 1987 and 1992. Thus, no impacts would occur with regards to historical resources. A records search of the Project Site and a half-mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast of the Project Site’s vacant parcel; none of the shell observed on-site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a). The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities would include excavation and grading, which could disturb unknown archaeological resources. The majority of the excavation for the proposed buildings would require over-excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Cultural Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface, but increases to moderate with depth. Geologic and soils maps indicate that the Project area contains surficial deposits of younger Quaternary alluvial sediments. These sediments have the potential to contain buried archaeological deposits. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi-storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. Nevertheless, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing artificial fill and other disturbances and the sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 which would require     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 39 a qualified archaeologist be retained on-call. Upon implementation of GPU PEIR MM CUL-7, impacts related to archaeological resources would be less than significant. As discussed above, the Project Site is located in an urbanized area and most of the site has been previously graded and developed. Therefore, the potential for uncovering human remains on the Project Site is low. Therefore, similar to the conclusion in the GPU PEIR, compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to historical resources would be significant and unavoidable and impacts to archaeological resources and human remains would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.5.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and Mitigation Measure CUL-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe cultural resource impacts than anticipated by the GPU PEIR. 4.5.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MM CUL-417 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed 17 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared to fulfill the requirements of GPU PEIR MM CUL-4.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 40 for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. MM CUL-718 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary’s Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre-construction training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on-call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. 4.6 Energy 4.6.1 GPU PEIR Findings The GPU PEIR determined that implementation of the General Plan Update would result in temporary demands for electricity, diesel fuel, and gasoline due to the development of projects under the General Plan Update. Due to the temporary nature of construction, energy uses from construction equipment, haul trucks, and construction employee vehicles would cease upon the completion of a project. The GPU PEIR also states that compliance with Section 2449 of 13 California Code of Regulations (CCR) Article 4.8, Chapter 9 would minimize nonessential idling of construction equipment, minimizing excessive energy consumption. Additionally, construction activities and development proposed due to the General Plan Update would be similar in nature to existing projects within the City. The GPU PEIR also determined that the operation of new developments due to the implementation of the General Plan Update would result in additional demands for electricity and natural gas compared to existing conditions. Nevertheless, future developments would be required to comply with the most recent Building Energy Efficiency Standards and CALGreen, which would reduce the overall energy demands. In addition to the Building Energy Efficiency Standards and CALGreen, the GPU PEIR also determined that compliance with goals and policies within the General Plan Update would increase energy efficiency and reduce wasteful use of energy resources. In addition, implementation of the General Plan Update would result in an overall decrease in VMT and fuel usage for gasoline- powered vehicles but would result in an increase of diesel-powered, natural gas-powered, and electric-powered vehicles. Overall, the GPU PEIR determined that the implementation of the General Plan Update would not result in excessive and inefficient energy use upon 18 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) did not identify any potentially significant archaeological resources, and determined that sensitivity for buried archaeological resources is low at the surface but increases to moderate in undisturbed deposits.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 41 implementation of General Plan Update goals and policies and compliance with applicable regulations (i.e., Building Energy Efficiency Standards, CALGreen, and California’s Renewable Portfolio Standards [RPS]). Moreover, the GPU PEIR determined that the implementation of the General Plan Update would comply with the California RPS program and the City’s Climate Action Plan (CAP). Compliance with these regulatory documents ensure that the General Plan Update would not conflict or obstruct a state or local plan for renewable energy or energy efficiency. Thus, the GPU PEIR determined that impacts of energy use would be less than significant. 4.6.2 Project Analysis The following section evaluates potential impacts on energy that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment D, Energy Assessment. The analysis focuses on the two sources of energy that are relevant to the proposed Project: electricity and transportation fuel for vehicle trips associated with Project operations as well as the fuel necessary for Project construction. CONSUMPTION OF ENERGY Project construction would require temporary energy consumption primarily using fuel for construction equipment, construction worker vehicle trips to and from the Project Site, and the import and export of earth materials to and from the Project Site by heavy trucks. For operation, the proposed Project would require energy use in the form of electricity and fuel consumption; the proposed Project would not utilize natural gas. For the purposes of this analysis, the proposed Project’s electricity consumption is compared against existing conditions and the net change is compared to the total consumption in Orange County (County) in 2022, the latest year consumption data is available. Based on the Trip Generation Assessment for the Proposed South Coast Technology Center Project (Trip Generation Assessment; Attachment K), the proposed Project would result in an operational trip generation that would be less than the existing conditions. However, the Project’s estimated trip generation would result in a fleet mix that utilizes more 2-, 3-, and 4-axle trucks than the existing conditions. These trucks use diesel with a lower miles per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. Table 4.6-1, Net Change in Energy Consumption, shows the net change of the Project’s energy consumption compared to existing conditions. As shown in Table 4.6-1, due to the different fleet mix (more medium- and heavy-duty trucks) compared to existing conditions, the Project would result in higher fuel consumption. Table 4.6-1 Net Change in Energy Consumption Energy Type1 Existing Energy Consumption Project Energy Consumption Project Net Change2 Electricity 3,691 MWh 5,703 MWh 2,012 MWh Natural Gas3 45,123 therms 0 therms -45,123 therms Fuel Operational Fuel Consumption (Gasoline) 154,292 gallons 132,393 gallons -21,900 gallons Operational Fuel Consumption (Diesel) 11,624 gallons 392,103 gallons 380,479 gallons Notes: 1. Construction was not analyzed in this table as the existing conditions does not include construction energy consumption. 2. Numbers my be slightly off due to rounding. 3. The Project would not utilize natural gas, and as such, the net change is negative. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CalEEMod outputs and assumptions used in this analysis.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 42 Table 4.6-2, Project and Countywide Energy Consumption, compares the Project’s net change in estimated energy consumption with the County’s annual energy consumption. Table 4.6-2 Project and Countywide Energy Consumption Energy Type Project Net Change Energy Consumption1 Orange County Annual Energy Consumption2 Percentage Increase Countywide Electricity Consumption3 2,012 MWh 20,243,721 MWh 0.0099% Fuel Consumption Construction Off-Road Fuel Consumption (Diesel)4 34,671 gallons 14,182,623 gallons 0.2445% Construction On-Road Fuel Consumption (Gasoline) 91,239 gallons 1,142,034,463 gallons 0.0080% Construction On-Road Fuel Consumption (Diesel) 14,159 gallons 135,727,658 gallons 0.0104% Operational Fuel Consumption (Gasoline) -21,900 gallons 1,088,796,204 gallons (Gasoline) -0.0020% Operational Fuel Consumption (Diesel) 380,479 gallons 136,337,459 gallons 0.2791% Notes: 1. Project electricity consumptions as modeled in California Emissions Estimator Model Version 2022.1 (CalEEMod) computer model. Project fuel consumption calculated based on CalEEMod results. Countywide operational fuel consumption, off-road construction equipment diesel fuel consumption, and on-road fuel consumption are from CARB EMFAC2021. 2. The Project’s increase in electricity consumption is compared to the total consumption in Orange County in 2022, the latest year with data available. The Project increases in construction off-road and on-road fuel consumption are compared with the projected Orange County off-road fuel consumption and Orange County on-road fuel consumption in 2024, respectively. The Project’s operational automotive fuel consumption is compared with the projected countywide on-road fuel consumption in 2026. 3. Orange County electricity consumption data source: California Energy Commission, Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed March 1, 2024. 4. Construction Off-Road Diesel Fuel Consumption is based on the County’s Mining/Construction Sector’s fuel consumption in 2024 from CARB EMFAC Off-Road. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CalEEMod outputs and assumptions used in this analysis. As shown in Table 4.6-2, the Project’s net change of operational electricity usage would constitute an approximate 0.0099 percent increase over the County’s typical annual electricity consumption. The Project would not involve natural gas consumption, and therefore would result in a net decrease of natural gas consumption. The Project would consume nominal electricity and natural gas would not be consumed during construction. The Project’s off-road construction equipment would use diesel and would increase the County’s mining/constructions sector’s diesel fuel consumption by approximately 0.2445 percent. The Project’s on-road gasoline and diesel consumption during construction (hauling trips, vendor trips, and worker trips) would increase the County’s gasoline and diesel consumption by approximately 0.0080 percent and 0.0104 percent, respectively. Based on the Trip Generation Assessment, the Project operations would generate approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed, the Project would generate more trips from medium- and heavy-duty trucks than existing conditions, which use diesel with a lower mile per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. The Project’s net change operational diesel fuel consumption would increase the County’s diesel consumption by 0.2791 percent, and the Project’s net change in operational gasoline would reduce the County’s gasoline consumption by 0.0020 percent. Therefore, Project operation would not substantially increase Orange County’s annual fuel consumption. As such, the Project’s construction and operational energy consumption would be nominal compared to the County’s consumption.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 43 Construction During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Construction of the Project would not consume natural gas. Fossil fuels for construction vehicles and other energy-consuming equipment would be used during demolition, grading, building construction, paving, and architectural coating. As shown in Table 4.6-2, the proposed Project’s off-road fuel consumption (diesel) and on-road fuel consumption (diesel and gasoline) from construction would be approximately 34,671 gallons, 14,149 gallons, and 91,239 gallons, respectively. Consequently, the Project’s off-road construction equipment diesel fuel consumption and on-road construction fuel consumption (diesel and gasoline) would increase Orange County’s consumption by 0.2445 percent, 0.0104 percent, and 0.008 percent, respectively (when compared to the total consumption in 2022). During construction, the proposed Project would demolish the existing structures on-site and construct a temporary staging ground for equipment and resources. The temporary staging ground may include mobile office trailers and equipment (computers, lighting, electrical outlets, etc.) that may consume electricity. However, the electricity consumption during construction would be nominal and temporary. As such, Project construction would have a minimal effect on the local and regional energy supplies (fuel and electricity) and would not require additional capacity. Additionally, the proposed Project would comply with RR E-1, requiring that heavy-duty diesel equipment not in use for more than five minutes be turned off, as well as the latest U.S. Environmental Protection Agency (USEPA) and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Thus, additional energy conservation would occur during construction. Moreover, due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Substantial reductions in energy inputs for construction materials can be achieved by selecting green building materials composed of recycled materials that require less energy to produce than non-recycled materials. The project-related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. Further, it is noted that construction fuel use is temporary and would cease upon completion of construction activities. There are no unusual Project characteristics that would necessitate the use of construction equipment, or building materials, or methods that would be less energy efficient than at comparable construction sites in the region or State. Therefore, fuel energy and construction materials consumed during construction would not represent a significant demand on energy resources. Overall, consistent with the GPU PEIR, construction of the proposed Project would result in a less than significant impact related to wasteful, inefficient, and unnecessary consumption of energy.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 44 Operation Transportation Energy Demand According to the Trip Generation Assessment, the proposed Project would generate approximately 1,544 total gross daily trips, and would result in approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed above, the Project would result in a fleet mix that would include more medium- and heavy-duty trucks that use diesel with a lower mile per gallon efficiency rate and longer trip lengths, which would result in higher diesel fuel consumption. As indicated in Table 4.6-2, the Project would increase operational diesel fuel consumption by 380,479 gallons, but would result in a net reduction in gasoline consumption of approximately 21,900 gallons compared to existing conditions. The Project’s net change in operational diesel fuel consumption would increase the County’s diesel consumption by 0.2791 percent. The Project’s net change in operational gasoline consumption would reduce the County’s gasoline consumption by 0.0020 percent. The Project would not substantially increase the County’s existing diesel and gasoline consumption. Furthermore, the Project does not propose any unusual features that would result in excessive long-term operational fuel consumption. The key drivers of transportation-related fuel consumption for the proposed Project would be heavy-duty trucks traveling to and from the Project Site and passenger vehicle and light- and medium-duty trucks trips. At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero-emission [ZE], near-zero-emission [NZE], or 2010 or beyond model year trucks) for Project operations. However, the Project would be required to comply with SCAQMD Rule 2305 for warehouse uses. The Project would also consume fuel in the form of employees driving to and from the Project Site. Employee commuting factors are outside of the scope of the design of the proposed Project. Notwithstanding, the Project would include approximately 39 electric vehicle (EV) parking spaces with electrical charging stations installed; the Project would also include 27 short- and long-term bicycle parking spaces, all of which would be in compliance with the CALGreen Code. This requirement would encourage and support alternative modes of travel and thus reduce the petroleum fuel consumption. Therefore, fuel consumption associated with vehicle trips generated by the Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Overall, fuel consumption associated with vehicle trips generated by the proposed Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Consistent with the GPU PEIR, impacts would be less than significant. Building Energy Demand The proposed buildings would be fully powered by electricity and no natural gas would be consumed. As shown in Table 4.6-2, operational energy (electricity) consumption from the proposed Project would represent an approximately 0.0099 percent increase over the 2022 countywide electricity consumption, which would be significantly below California Energy Commission’s energy consumption forecast. Therefore, the proposed Project would not require additional energy capacity or supplies beyond what was analyzed for the GPU PEIR. Additionally, the proposed Project would consume energy during the same time periods as other commercial and light industrial developments and would consume energy evenly throughout the day. Thus,     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 45 the proposed Project would not result in unique or more intensive peak or base period electricity demand. The proposed Project would comply with RR E-3, requiring new buildings to achieve the current California Building Energy and Efficiency Standards and comply with the CALGreen Code. Moreover, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent. Title 24 Building Energy Efficiency Standards are updated every 3-year and become more stringent between each update, as such, complying with the most current Title 24 standards would make the proposed Project more energy efficient than the existing buildings built under the earlier versions of the Title 24 standards. Additionally, the proposed Project would comply with RR E-4 and install high efficiency appliances. The electricity provider for the City, Southern California Edison, is subject to California’s RPS reflected in Senate Bill (SB) 100. The RPS requires investor-owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 44 percent by the end of 2024, 52 percent by the end of 2027, 60 percent of total procurement by 2030, and 100 percent of total procurement by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The increase in reliance of such energy resources further ensures that new development projects will not result in the waste of the finite energy resources. Therefore, by using electricity from SCE, the Project would be in compliance with RR E-5. As a result, the Project would ensure that energy consumption would be kept to a minimum through high efficiency lighting, energy efficient appliances, and potential on-site renewable energy production (i.e., solar-ready roofs). Therefore, consistent with the GPU PEIR, the Project would not cause wasteful, inefficient, and unnecessary consumption of building energy during Project operation, or preempt future energy development or conservation. A less than significant impact would occur in this regard. Impact Summary Based on the above, the Project’s impact related to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation would be less than significant. Project construction and operation would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to energy consumption would be less than significant. Therefore, no new project-specific mitigation measures are required. CONSISTENCY WITH APPLICABLE ENERGY PLANS State and regional plans for renewable energy and energy efficiency include the California Energy Commission’s Integrated Energy Policy Report (IEPR), Title 24 standards and CALGreen Code, California’s RPS, and the City’s CAP. As discussed above, the net change in operational electricity consumption from the proposed Project would represent an approximately 0.0099 percent increase in electricity consumption over the current countywide usage, which would be significantly below California Energy Commission’s forecasts in the 2023 IEPR (i.e., forecasted baseline electricity consumption grows at a rate of about 1.7 percent annually through 2040); refer to Table 4.6-2. Therefore, the Project would be consistent with the California Energy Commission’s 2023 IEPR. Further, the proposed Project would exceed the most current Title 24 (2022 Title 24) by approximately 10 percent. The Project would also comply with the CALGreen Code which requires that new buildings employ water efficiency and conservation, increase building system efficiencies (e.g., lighting, HVAC, and plumbing fixtures), divert construction     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 46 waste from landfills, and incorporate electric vehicles charging infrastructure. Specifically, the Project would install energy efficient appliances and high efficiency appliances. Implementation of the most current Title 24 standards would substantially reduce energy usage. Additionally, per the RPS, the Project would utilize electricity that would achieve 60 percent of total procurement by 2030, and 100 percent renewable energy by 2045. As such, the Project would comply with state energy plans including the 2023 IEPR, the most current Title 24, as well as the CALGreen Code, and California’s RPS. In addition, the Project’s proposed industrial use is consistent with the Project Site’s Industrial land use designation in the City’s General Plan. Therefore, the proposed Project would be consistent with the City’s General Plan Update, including the goals and policies related to energy and energy efficiency. As discussed above, the GPU PEIR determined that the City’s General Plan Update is consistent with California’s RPS and the City’s CAP for reducing energy usage and implementing energy efficiency, and impacts would be less than significant. Moreover, the Project would be required to comply with RR E-1 through RR E-1 identified in the GPU PEIR. Therefore, since the proposed Project is consistent with the General Plan Update, the Project would also be consistent with California’s RPS and the City’s CAP. Therefore, consistent with the GPU PEIR, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and impacts would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the conflict or obstruction of a state or local plan for renewable energy or energy efficiency would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.6.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR E-1 through RR E-5 and RR E-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe energy impacts than anticipated by the GPU PEIR. 4.6.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 47 RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. RR E-7 Development under the General Plan Update shall be in compliance with state and local solid waste regulations including AB 939, AB 341, AB 1327, AB 1826, and Section 5.408 of 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). 4.7 Geology and Soils 4.7.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update would be subject to potential seismic-related hazards including strong seismic ground shaking, seismic- related ground failure (including liquefaction), and landslides. Further, development associated with the General Plan Update could result in unstable geologic unit or soil conditions, including soil erosion, expansive soils, settlement and collapse, and subsidence. However, implementation of RR G-1, through RR G-3 would reduce impacts to less than significant levels. Specifically, RR G-1 and RR G-2 require development to comply with the most recent version of the California Building Code and SAMC Chapter 8, Buildings and Structures, and RR G-3 requires all buildings or structures within the City that require plumbing fixtures to be connected to a public sewer per SAMC Section 39-51, Mandatory Connections. The GPU PEIR also concluded that development under the General Plan Update could impact known and unknown paleontological resources through grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past. Therefore, GPU PEIR MM GEO-1 through MM GEO-3 require monitoring based on the sensitivity level of sites for paleontological resources. Overall, the GPU PEIR concluded that implementation of regulatory requirements and MM GEO- 1 through MM GEO-3 would reduce geology and soil impacts to less than significant levels. 4.7.2 Project Analysis The following section evaluates potential impacts to geology and soils that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment E-1, Geotechnical Design Report, Attachment E-2, Geotechnical Review of Shallow Groundwater and Potential Dewatering during Grading and Construction (Groundwater Memorandum), and Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Project Site is located in a seismically active area, as is most of southern California. However, the Project Site is not located within a state-designated Alquist-Priolo Fault Hazard Zone. No active faults are known to cross the Project Site. The nearest fault to the Project Site is the San Joaquin Hills Blind Thrust Fault, located approximately 2.6 miles south of the site. The potential for ground rupture due to an earthquake is considered very low. However, the site is located in a seismic hazard zone for liquefaction potential. According to the Groundwater Memorandum, although the design high groundwater in the area is 5 feet deep based on historic levels in the area, the existing shallow groundwater at the Project Site is currently 10 to 15 feet deep based on borings, trenches and other data. Thus, groundwater is not expected to be encountered during excavation activities for the proposed buildings. Wet soil and some groundwater are generally anticipated only for the sewer connection excavation in the street. Based on the subsurface investigation performed as part of the Geotechnical Design Report, types of soils that underlie the site (clayey, silty, sandy alluvium) and the depth of groundwater, the risk for liquefaction at the     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 48 Project Site was deemed low to moderate and the risk for lateral spread was determined to be low. Additionally, based on the laboratory test results and a visual classification of the on-site soils, the expansion potential of the soils vary from very low to medium; however, clayey soils onsite may have a high expansion potential. Consistent with the GPU PEIR, implementation of RR G-1 and RR G-2 would reduce impacts related to liquefaction, soil expansion, collapse, and subsidence to less than significant levels. Moreover, the proposed Project would be constructed based on the recommendations of the Geotechnical Design Report. Based on the above analysis, and consistent with the GPU PEIR, with compliance with existing regulations, the Project’s impacts related to rupture of a known earthquake fault, strong seismic ground shaking, seismic- related ground failure (including liquefaction), landslides, lateral spreading, subsidence, and collapse would be less than significant. As such, no new project-specific mitigation measures are required. Construction of the proposed Project would involve ground-disturbing activities that could result in erosion. As further discussed in Section 4.10, Hydrology and Water Quality, the proposed Project would comply with regulatory requirements, such as the Construction General Permit and implementation of a Water Quality Management Plan, during construction and operation, which would reduce the potential for erosion to occur. Consistent with the General Plan, compliance with existing regulations including implementation of regulatory requirements would ensure the proposed Project would not result in a significant impact related to erosion. No new or substantially more severe impacts would occur compared to the determinations of the GPU PEIR, and no new project-specific mitigation measures are required. In compliance with RR G-3, construction and operation of the proposed Project would not involve the use of septic tanks or alternative wastewater disposal systems. As such, compliance with existing regulatory requirements would ensure no impact related to the use of such systems would occur. With regards to paleontological resources, in compliance GPU PEIR MM GEO-2, consultation with a paleontologist confirmed that project-related grading could occur at depths that could encounter highly sensitive sediments for paleontological resources. Based on the Cultural Memorandum, geologic units underlying the Project area have been mapped as Holocene alluvial deposits (Qal), late Holocene to late Pleistocene-age young Quaternary deposits (Qya), Holocene to late Pleistocene-age young axial-channel deposits (Qyas), and Holocene to late Pleistocene- age young alluvial deposits (Qya). Deposits from the Holocene epoch (less than 11,700 years ago) can contain remains of animals and plants; however, only those from the middle to early Holocene (older than about 5,000 radiocarbon years) are considered scientifically important or significant. Holocene-age deposits may overlie older alluvium of Pleistocene age at unknown but potentially shallow depths. Pleistocene-age alluvial deposits are also potentially present in the Project area and have yielded scientifically important fossils elsewhere in the region, including horses, camels, reptiles, birds, marine mammals, and fish at various depths below current ground surface. Moreover, based on a records search of the Natural History Museum of Los Angeles County and a supplemental investigation of online sources, 13 fossil localities were identified within five miles of the Project Site. Thus, while the Holocene-age deposits in the Project area have low sensitivity, Pleistocene-age alluvial sediments may underlie these younger sediments at a relatively shallow depth. The records search results indicate that potentially fossil-baring units may underlie the Project area, since Pleistocene-age deposits outside of the Project area have contained fossils. Therefore, sediments in the Project area are considered to have paleontological sensitivity increasing with depth, or low-to-high sensitivity, suggesting that project-related ground- disturbing activities have the potential to destroy or otherwise adversely impact significant paleontological resources below young Holocene-age soils at unknown depths within the Project     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 49 area. Therefore, in compliance GPU PEIR MM GEO-2, the proposed Project would conduct spot- check monitoring during construction to identify potential fossils and the lithological transition to Pleistocene sediments. If Pleistocene-aged sediments are discovered at depth, monitoring shall transition to full-time as ground-disturbing activities occur at or below this identified depth because these Pleistocene units have been identified as high sensitivity for paleontological resources. Additionally, the proposed Project would comply with GPU PEIR MM GEO-3, which requires work be halted within a 50-foot radius in case of a fossil discovery. Consistent with the GPU PEIR, less than significant impacts related to paleontological resources would occur after the implementation of GPU PEIR mitigation measures. 4.7.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR G-1 and RR G-2, MM GEO-2, and MM GEO-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project- specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to geology and soils than anticipated by the GPU PEIR. 4.7.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on-site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with “Unreinforced Masonry Law,” found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. MM GEO-219 Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low-to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, 19 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared in part to fulfill the requirements of GPU PEIR MM GEO-2.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 50 construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. MM GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 4.8 Greenhouse Gas Emissions 4.8.1 GPU PEIR Findings According to the analysis the GPU PEIR, if project greenhouse gas (GHG) emissions are below the annual 3,000 metric tons of carbon dioxide equivalents (MTCO2e) bright-line screening threshold, GHG emissions impacts would be considered less than significant. The GPU PEIR determined that buildout of the General Plan Update would result in a net decrease of 255,878 MTCO2e of GHG emissions (12 percent decrease in GHG emissions) from existing conditions and would not exceed the annual 3,000-MTCO2e SCAQMD bright-line screening threshold. In addition, the GPU PEIR determined that buildout of the General Plan Update would decrease GHG emissions per service population from 4.8 MTCO2e per capita for the existing baseline year to 3.5 MTCO2e per capita in horizon year 2045, despite an increase in population and employment in the City; this reduction in GHG emissions is attributed to regulations adopted to reduce GHG emissions and turnover of California’s on-road vehicle fleets. However, the GPU PEIR also analyzed the potential for conflict with the GHG reduction goals established under Executive Order S-03-05, which required a statewide GHG emissions reduction from existing conditions to achieve a 40-percent reduction by 2030 and an 80-percent reduction by 2050. For the buildout year of the General Plan Update of 2045, the goal would be a 70-percent reduction compared to 2020 levels. Accordingly, the GPU PEIR determined that, even though implementation of the General Plan Update would result in a decrease in GHG emissions in 2045 from existing baseline year, the reduction would only be 12 percent and would not meet the long-term GHG reduction goal of 70 percent under Executive Order S-03-05. The GPU PEIR included a mitigation measure to require the City to update the CAP every 5 years to ensure that the City is tracking and monitoring its GHG emissions to chart a trajectory to achieve the long-term year 2050 GHG reduction goal set by Executive Order S-03-05. Nonetheless, because the City has not established a plan past 2030 that identifies major advancement in technology to allow the City to meet the goal of the executive order, the GPU PEIR concluded that impacts would be significant and unavoidable. The GPU PEIR also acknowledged that the mitigation measure (GPU PEIR MM GHG-1) is not a project-specific mitigation measure or directly related to development projects. Related to consistency with applicable GHG plans, the GPU PEIR acknowledged that the General Plan includes goals and policies that were adopted for the purpose of reducing GHG emissions, including those that (1) would help reduce GHG emissions and achieve GHG reduction goals, (2) target transportation management and land use planning that would result in VMT reduction throughout the City, and (3) support sustainable practices that would encourage the use of renewable energy sources and reduction in energy consumption. Accordingly, the GPU PEIR concluded that the General Plan Update would not obstruct implementation of the CARB Scoping     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 51 Plan, SCAG 2020-2045 RTP/SCS, the City’s CAP, and, as such, impacts related to consistency with plans, policies, and regulations adopted for the purpose of reducing GHG emissions would be less than significant. 4.8.2 Project Analysis The following section evaluates the potential GHG impacts that would result from implementation of the proposed Project. This analysis is primarily based upon Attachment F, Greenhouse Gas Emissions Assessment. SIGNIFICANCE CRITERIA AND METHODOLOGY The significance determination for Impact 5.7-1 of the GPU PEIR focused on whether programmatic buildout of the General Plan Update would meet the long-term GHG reduction goal under Executive Order S-03-05, which does not fully align with the project-specific analysis presented below. However, as mentioned in the GPU PEIR, if specific project developments would result in emissions below the 3,000 MTCO2e bright-line threshold, impacts would be considered less than significant. CEQA Guidelines Section 15064.4 recommends that lead agencies quantify GHG emissions of projects and consider several other factors that may be used in the determination of significance of GHG emissions from a project, including the extent to which the project may increase or reduce GHG emissions, whether a project’s emissions exceeds an applicable significance threshold, and the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. However, CEQA Guidelines Section 15064.4 does not establish a threshold of significance. CEQA Guidelines Section 15064.7 provides lead agencies the discretion to establish significance thresholds for their respective jurisdictions, and in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies or suggested by other experts, if any threshold chosen is supported by substantial evidence. The City has adopted a CAP; however, the CAP does not contain a numerical significance threshold for assessing impacts related to GHG emissions. Similarly, the SCAQMD, the Governor’s Office of Planning and Research, CARB, California Air Pollution Control Officers Association (CAPCOA), or any other state or applicable regional agency has yet to adopt a numerical significance threshold for assessing GHG emissions that is applicable to the Project. The SCAQMD formed a GHG CEQA Significance Threshold Working Group (Working Group) to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents and was proposing to adopt a tiered approach for evaluating GHG emissions for development projects where SCAQMD is the lead agency as of the last Working Group meeting (Meeting No.15) held in September 2010; the Working Group identified a “bright-line” screening-level threshold of 3,000 MTCO2e annually for new development projects in the residential/commercial sectors and a threshold of 10,000 MTCO2e annually for industrial projects, which includes construction emissions amortized over 30 years and added to operational GHG emissions. However, the proposed thresholds were based on the State’s GHG emissions reduction goal identified in Assembly Bill (AB) 32 for the year 2020, which is outdated, and SCAQMD never formally adopted the 3,000 MTCO2e threshold for new residential and commercial projects. The 10,000 MTCO2e threshold was adopted for industrial projects where SCAQMD is the lead agency. Impacts of climate change are experienced on a global scale regardless of the location of GHG emission sources, and therefore, a numerical significance threshold for individual development projects is speculative. Throughout the State, air districts are moving from numerical significance     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 52 thresholds to qualitative significance thresholds that focus on project features to reduce GHG emissions or consistency with GHG reduction plans. For example, in the Bay Area Air Quality Management District (BAAQMD) 2022 CEQA Guidelines, the GHG thresholds of significance are either whether land use projects include certain project design elements related to buildings and transportation or whether the project is consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). This is a major update to BAAQMD’s 2017 CEQA Guidelines, where a numerical significance threshold was required. To reduce GHG emissions impact, it is more effective for development projects to include project features that directly or indirectly reduce GHG emissions, than relying on a numerical significance threshold, which is highly dependent on the type and size of the development. Therefore, the significance of the Project’s potential impacts regarding GHG emissions and climate change is assessed solely on its consistency with plans and policies adopted for the purposes of reducing GHG emissions and mitigating the effects of climate change and the Project’s ability to incorporate sustainable features and strategies from such plans and policies in its design to reduce GHG emissions. The analysis has also quantified the Project’s GHG emissions and compared them to the SCAQMD bright-line screening thresholds for informational purposes. It should be noted that individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to significant cumulative effects, even if individual changes resulting from a project are limited. As a result, the issue of climate change typically involves an analysis of whether a project’s contribution towards an impact would be cumulatively considerable. According to CEQA Guidelines Section 15064(h)(1), “cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. Per CEQA Guidelines Section 15064(h)(3), a project’s incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements that would avoid or substantially lessen the cumulative problem in the geographic area of the project. To qualify, such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plans, and plans or regulations for the reduction of GHG emissions. Therefore, a lead agency can make a finding of less than significant for GHG emissions if a project complies with adopted programs, plans, policies, and/or other regulatory strategies to reduce GHG emissions. PROJECT-RELATED GHG EMISSIONS As discussed above, the Project’s GHG emissions are quantified for informational purposes only as neither the City, nor any other public agency, has an applicable numeric significance threshold for GHG emissions. CalEEMod was used to model the GHG emissions from existing buildings and to calculate project-related GHG emissions, including direct and indirect GHG emissions. Table 4.8-1, Existing Greenhouse Gas Emissions, presents the current GHG emission from the existing buildings.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 53 Table 4.8-1 Existing Greenhouse Gas Emissions Source CO2 CH4 N2O Refrigerants CO2e Metric Tons/Year1 Direct Emissions Mobile Source 1,401.00 0.07 0.06 2.54 1,423.00 Area Source 6.76 < 0.005 < 0.005 0.00 6.79 Refrigerants 0.00 0.00 0.00 0.07 0.07 Total Direct Emissions 1,407.76 0.07 0.06 2.61 1,429.86 Indirect Emissions Energy 1,130.00 0.08 0.01 0.00 1,134.00 Water 63.30 1.03 0.02 0.00 96.60 Solid Waste 14.80 1.48 0.00 0.00 51.70 Total Indirect Emissions 1,208.10 2.59 0.03 0.00 1,282.30 Total Existing Emissions 2,712.16 MTCO2e Notes: 1. Emissions calculated using CalEEMod Version 2022.1; totals may be slightly off due to rounding. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis The proposed Project would result in GHG emissions during both construction and operation. Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, grading, building construction, paving, and architectural coating. Table 4.8-2, Project’s Greenhouse Gas Emissions, presents the estimated GHG emissions associated with the proposed Project.20 Table 4.8-2 Project’s Greenhouse Gas Emissions Source CO2 CH4 N2O Refrigerants CO2e Metric Tons/year1 Direct Emissions Construction (amortized over 30 years) 2 32.83 <0.01 <0.01 0.02 33.43 Mobile Source3 5,022.00 0.27 0.63 6.29 5,223.00 Area Source 6.59 <0.01 <0.01 0.00 6.62 Refrigerants 0.00 0.00 0.00 14.00 14.00 Total Direct Emissions 5,060.46 0.27 0.63 20.31 5,277.05 Indirect Emissions Energy 1,376.00 0.09 0.01 0.00 1,381.00 Water 134.00 2.21 0.05 0.00 205.00 Solid Waste 8.99 0.90 0.00 0.00 31.50 Total Indirect Emissions 1,518.99 3.20 0.06 0.00 1,617.50 Total Project-Related Emissions 6,894.55 MTCO2e Notes: 1. Emissions calculated using CalEEMod Version 2022.1; totals may be slightly off due to rounding. 2. Total Project construction GHG emissions equate to 1,003 MTCO2e. Value shown is amortized over the lifetime of the proposed Project (assumed to be 30 years). 3. Based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024), the Project would result in a net decrease of 386 gross daily trips compared to existing conditions; refer to Attachment K. Nonetheless, zero additional trips are inputted for a conservative analysis. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis 20 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project’s GHG emissions inventory is conservative.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 54 The Project’s GHG emissions are compared to the current GHG emissions from the existing buildings. Table 4.8-3, Net Change In Greenhouse Gas Emissions, presents the estimated net change in GHG emissions from the proposed Project compared to the existing conditions. Table 4.8-3 Net Change in Greenhouse Gas Emissions Direct Project-Related Sources of Greenhouse Gases Construction Emissions. The proposed Project would result in a total of 1,003 MTCO2e of emissions during construction. The analysis considers the net change in GHG emissions (proposed Project minus existing conditions). However, the existing conditions does not include any construction activities. Construction GHG emissions are amortized over 30 years (i.e., total construction emissions divided by the lifetime of the Project, assumed to be 30 years), then added to the operational emissions, as recommended by SCAQMD.21 The amortization takes into consideration the temporary nature of construction activities. As shown in Table 4.8-2, construction of the proposed Project would generate approximately 33.43 MTCO2e of emissions per year when amortized over 30 years. Mobile Source. Based on the Attachment K, Trip Generation Assessment, the Project would result in a net decrease of 386 gross daily trips compared to existing conditions. The existing buildings currently generate approximately 1,423 MTCO2e of mobile source emissions per year while the proposed Project would generate approximately 5,223 MTCO2e of mobile source emissions per year; refer to Table 4.8-1 and Table 4.8-2. Additionally, as a conservative analysis, daily trips on weekends were assumed to be zero under the existing conditions, as the existing uses on-site are commercial offices and are assumed not to operate on weekends. As such, the net increase in GHG emissions from mobile emissions would be approximately 3,800 MTCO2e of emissions per year. Area Source. Area source emissions would be generated due to an increased demand for consumer products, architectural coating, and landscaping associated with the development of the proposed Project. The existing buildings currently generate approximately 6.79 MTCO2e of area source emissions per year while the proposed Project would generate approximately 6.62 MTCO2e of area source emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from area sources would result in a net decrease of 0.17 MTCO2e of emissions per year (i.e., the proposed Project would result in less area source emissions than the existing conditions). 21 The Project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008). Source Metric Tons/Year Total Existing Emissions1 2,712.16 MTCO2e Total Project-Related Emissions2 6,894.55 MTCO2e Net Change in Emissions3 4,182.39 MTCO2e per year Notes: 1. Based on numbers presented in Table 4.8-1, Existing Greenhouse Gas Emissions. 2. Based on numbers presented in Table 4.8-2, Project’s Greenhouse Gas Emissions. 3. To determine the net emissions resulting from the proposed Project, emissions from the existing conditions was deducted from emissions from the proposed Project (which includes construction emissions as shown in Table 4.8-2). Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 55 Refrigerants. Refrigerants are substances used in equipment for air conditioning and refrigeration. Most of the refrigerants used today are hydrofluorocarbons or blends thereof, which can have high global warming potential values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a global warming potential that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate. The use of refrigerants in the existing buildings currently generates approximately 0.07 MTCO2e of emissions per year while the proposed Project would generate approximately 14.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from refrigerants would be approximately 13.93 MTCO2e of emissions per year. Indirect Project-Related Sources of Greenhouse Gases Energy Consumption. The proposed Project would construct and operate three new Class A industrial buildings for office, manufacturing, and/or warehouse use. According to the Project applicant, the proposed buildings would not consume natural gas during operation. Additionally, according to the Project applicant, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent; however, as a conservative analysis, this project design feature was not incorporated in the modeling. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Additionally, the Project would also include solar-ready roofs for all buildings. The energy consumption of the existing buildings currently generates approximately 1,134.00 MTCO2e of emissions per year while the energy consumption of the proposed Project would generate approximately 1,381.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from energy consumption would be approximately 247.00 MTCO2e of emissions per year. Water Demand. According to CalEEMod, the existing buildings consume approximately 31,641,228 gallons of indoor water per year, and 1,040,873 gallons of outdoor water per year (i.e., for landscaping). The Project would consume approximately 67,762,532 gallons of indoor water per year, and 593,833 gallons of outdoor water per year (i.e., for landscaping). The Project would install water-efficient irrigation systems and drought-tolerant landscaping, as accounted for in CalEEMod. The existing water demand currently generates approximately 96.60 MTCO2e of emissions per year while the water demand for the proposed Project would generate approximately 205.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from water demand would be approximately 108.40 MTCO2e of emissions per year. Solid Waste. The existing buildings currently generate approximately 51.70 MTCO2e of emissions per year from solid waste while the proposed Project would generate approximately 31.50 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from solid waste would result in a net decrease of 20.20 MTCO2e of emissions per year (i.e., the proposed project would result in less emissions from solid waste than the existing conditions).     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 56 Total Net Change in Greenhouse Gases As shown in Table 4.8-3, the total net change in GHG emissions for the proposed Project and existing conditions from direct and indirect sources combined would be approximately 4,182.39 MTCO2e per year. This net change in GHG emissions would exceed the SCAQMD 3,000 MTCO2e per year screening threshold previously postulated, but not adopted, for residential or commercial development and would not exceed the SCAQMD 10,000 MTCO2e per year threshold for stationary sources and industrial developments. However, the 3,000 MTCO2e threshold was never formally adopted by SCAQMD and is not applicable to the Project since it is not a new development in the residential or commercial sector. Further, although adopted by SCAQMD, the 10,000 MTCO2e threshold is also not directly applicable to the Project since SCAQMD is not the lead agency. As such, these thresholds are discussed in this analysis for informational purposes. Moreover, the significance of the Project’s potential impacts regarding GHG emissions and climate change is not determined by the SCAQMD bright-line screening thresholds, but by the Project’s consistency with applicable plans, which is discussed in more detail below. CONSISTENCY WITH APPLICABLE PLANS Since the certification of the GPU Final PEIR, CARB has adopted the 2022 Scoping Plan. As discussed above, although SCAG has approved the Connect SoCal 2024, CARB has not certified it and the GPU PEIR analyzed consistency with SCAG’s 2020-2045 RTP/SCS. Furthermore, the GPU PEIR analyzed consistency with the 2020-2045 RTP/SCS. As such, to be consistent with the GPU PEIR, this assessment analyzes the Project’s consistency with the 2020-2045 RTP/SCS. Accordingly, the proposed Project is evaluated for consistency with the CARB 2022 Scoping Plan, SCAG’s 2020-2045 RTP/SCS, and the City’s GPU and CAP, as presented below. Consistency with the 2022 Scoping Plan The 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each AB 32 inventory sector. Provided in Table 4.8-4, Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors, is an evaluation of applicable reduction actions/strategies by emissions source category to determine how the Project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan.22 As shown therein, the proposed Project would be consistent with the applicable GHG emission reduction strategies contained in the 2022 Scoping Plan. 22 Not all actions contained in the 2022 Scoping Plan are included in the analysis as they are not applicable to the Project. The Project is not an aviation, port, rail, oil and gas, petroleum refining, energy generating, food producing, industrial, agricultural, or retrofit project.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 57 Table 4.8-4 Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors Actions and Strategies Project Consistency Analysis Smart Growth / Vehicles Miles Traveled (VMT) Reduce VMT per capita to 25% below 2019 levels by 2030, and 30% below 2019 levels by 2045 Consistent. Based on the Trip Generation Assessment provided as Attachment K, the proposed Project would result in less operational trips than those from existing land uses. In particular, the proposed Project would result in 1,212 passenger vehicle trips (employee commuting) compared to the existing 1,930 average daily trips. The proposed Project would also include 27 short-term and 27 long-term bike parking spaces as well as electric vehicle (EV) charging stations in accordance with Title 24 standards. Additionally, the Project would include vanpool/carpool parking spaces in accordance with a CALGreen voluntary measure (Appendix A5, Nonresidential Voluntary Measures). As such, the proposed Project would encourage alternative modes of transportation and would include land uses that would reduce total VMT. Thus, the Project would be consistent with the action. New Residential and Commercial Buildings All electric appliances beginning 2026 (residential) and 2029 (commercial), contributing to 6 million heat pumps installed statewide by 2030 Consistent. The Project would be all electric and would not consume natural gas. Furthermore, the Project would exceed Title 24 standards by 10 percent which would reduce energy consumption. As such, the proposed Project would be consistent with this action. Construction Equipment Achieve 25% of energy demand electrified by 2030 and 75% electrified by 2045 Not Applicable. The City of Santa Ana has not adopted an ordinance or program requiring electricity-powered construction equipment. However, if adopted, the proposed Project would be required to comply with such regulation. As such, the proposed Project would be consistent with this action. Non-combustion Methane Emissions Divert 75% of organic waste from landfills by 2025 Consistent. SB 1383 establishes targets to achieve a 50 percent reduction in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that no less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the Project would be consistent with this action. Source: California Air Resources Board, 2022 Scoping Plan, November 16, 2022. Consistency with the 2020-2045 RTP/SCS On September 3, 2020, the Regional Council of SCAG formally adopted the 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS includes performance goals that were adopted to help focus future investments on the best-performing projects, as well as different strategies to preserve, maintain, and optimize the performance of the existing transportation system. The 2020-2045 RTP/SCS is forecast to help California reach its GHG reduction goals by reducing GHG emissions from passenger cars by 8 percent below 2005 levels by 2020 and 19 percent by 2035 in accordance with the most recent CARB targets adopted in March 2018. Five key SCS strategies are included in the 2020-2045 RTP/SCS to help the region meet its regional VMT and GHG reduction goals, as required by the State. Table 4.8-5, Consistency with the 2020-2045 RTP/SCS, provides a consistency analysis of the Project with these five 2020-2045 RTP/SCS strategies. As shown therein, the proposed Project would be consistent with the GHG emission reduction strategies contained in the 2020-2045 RTP/SCS. As mentioned above, the latest 2024-2050 RTP/SCS was adopted on April 4, 2024. However, CARB concluded that the technical methodology SCAG used to quantify the GHG emission reductions for the Connect 2024-2050 RTP/SCS does not operate     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 58 accurately. SCAG is currently working on updating the technical methodology and resubmitting for CARB’s review. Until CARB approves the methodology, the 2024-2050 RTP/SCS is not a fully adopted document, especially from the GHG reduction perspective of the proposed strategies. As such, the consistency analysis relies upon the 2020-2045 RTP/SCS. Nevertheless, the Project is located in a HQTA and supports alternative transportation methods and electric vehicles by providing supporting infrastructure and facilities on-site, which would ensure the Project’s consistency with the strategies in the 2024-2050 RTP/SCS. Table 4.8-5 Consistency with the 2020-2045 RTP/SCS Reduction Strategy Applicable Land Use Tools Project Consistency Analysis Focus Growth Near Destinations and Mobility Options · Emphasize land use patterns that facilitate multimodal access to work, educational and other destinations · Focus on a regional jobs/housing balance to reduce commute times and distances and expand job opportunities near transit and along center-focused main streets · Plan for growth near transit investments and support implementation of first/last mile strategies · Promote the redevelopment of underperforming retail developments and other outmoded nonresidential uses · Prioritize infill and redevelopment of underutilized land to accommodate new growth, increase amenities and connectivity in existing neighborhoods · Encourage design and transportation options that reduce the reliance on and number of solo car trips (this could include mixed uses or locating and orienting close to existing destinations) · Identify ways to “right size” parking requirements and promote alternative parking strategies (e.g., shared parking or smart parking) Center Focused Placemaking, Priority Growth Areas (PGA), Job Centers, High Quality Transit Areas (HQTAs), Transit Priority Areas (TPA), Neighborhood Mobility Areas (NMAs), Livable Corridors, Spheres of Influence (SOIs), Green Region, Urban Greening. Consistent. Transit Priority Areas (TPAs) are defined in the 0.5-mile radius around an existing or planned major transit stop or an existing stop along a HQTA. A HQTA is defined as a corridor with fixed route bus service frequency of 15 minutes (or less) during peak commute hours. As stated above, the Project is located within an HQTA.1 The Project Site is located in a highly developed and urbanized area of Santa Ana, and within walking and biking distance of existing residential and commercial uses that would contribute to reduction in VMT and associated GHG emissions. Specifically, the Project Site is located within walking distance (approximately 300 feet) to the nearest bus stops along West MacArthur Boulevard. In addition, the Project would provide bicycle parking spaces and electric vehicle (EV) charging stations in accordance with CALGreen Code. The Project would also revitalize the Project Site by removing the underutilized office park and developing industrial/warehousing uses on-site. Therefore, the Project would focus growth near destinations and mobility options. Thus, the Project would be consistent with this reduction strategy. Promote Diverse Housing Choices · Preserve and rehabilitate affordable housing and prevent displacement · Identify funding opportunities for new workforce and affordable housing development · Create incentives and reduce regulatory barriers for building context sensitive accessory dwelling units to increase housing supply · Provide support to local jurisdictions to streamline and lessen barriers to housing development that supports reduction of greenhouse gas emissions PGA, Job Centers, HQTAs, NMA, TPAs, Livable Corridors, Green Region, Urban Greening. Not Applicable. The Project Site does not include existing residential development; existing uses on-site include an approximately 10.2-acre office park, Lake Center Office Park, and an approximately 5.6-acre vacant field west of the existing buildings.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 59 Leverage Technology Innovations · Promote low emission technologies such as neighborhood electric vehicles, shared rides hailing, car sharing, bike sharing and scooters by providing supportive and safe infrastructure such as dedicated lanes, charging and parking/drop-off space · Improve access to services through technology—such as telework and telemedicine as well as other incentives such as a “mobility wallet,” an app-based system for storing transit and other multi-modal payments · Identify ways to incorporate “micro-power grids” in communities, for example solar energy, hydrogen fuel cell power storage and power generation HQTA, TPAs, NMA, Livable Corridors. Consistent. As detailed above, the Project would install EV charging stations and bicycle parking spaces in accordance with the most current and applicable Title 24 standards and CALGreen Code. Additionally, the Project would include vanpool/carpool parking spaces in accordance with a CALGreen voluntary measure (Appendix A5, Nonresidential Voluntary Measures). Further, the Project would also include solar-ready roofs for all buildings. Therefore, the proposed Project would leverage technology innovations to promote alternative modes of transportation and help the City, County, and State meet their GHG reduction goals. The Project would be consistent with this reduction strategy. Support Implementation of Sustainability Policies · Pursue funding opportunities to support local sustainable development implementation projects that reduce greenhouse gas emissions · Support statewide legislation that reduces barriers to new construction and that incentivizes development near transit corridors and stations · Support local jurisdictions in the establishment of Enhanced Infrastructure Financing Districts (EIFDs), Community Revitalization and Investment Authorities (CRIAs), or other tax increment or value capture tools to finance sustainable infrastructure and development projects, including parks and open space · Work with local jurisdictions/communities to identify opportunities and assess barriers to implement sustainability strategies · Enhance partnerships with other planning organizations to promote resources and best practices in the SCAG region · Continue to support long range planning efforts by local jurisdictions · Provide educational opportunities to local decisions makers and staff on new tools, best practices and policies related to implementing the Sustainable Communities Strategy Center Focused Placemaking, Priority Growth Areas (PGA), Job Centers, High Quality Transit Areas (HQTAs), Transit Priority Areas (TPA), Neighborhood Mobility Areas (NMAs), Livable Corridors, Spheres of Influence (SOIs), Green Region, Urban Greening. Consistent. As previously discussed, the proposed Project is located within an HQTA. The Project would support sustainable development implementation that would reduce GHGs by installing EV charging stations and providing bicycle parking spaces to promote alternative modes of transportation. Further, the Project would comply with sustainable practices included in the most current and applicable Title 24 standards and CALGreen, including the installation of high efficiency lighting, water efficient landscaping, low-flow water fixtures, among others. Thus, the Project would be consistent with this reduction strategy. Promote a Green Region · Support development of local climate adaptation and hazard mitigation plans, as well as project implementation that improves community resiliency to climate change and natural hazards · Support local policies for renewable energy production, reduction of urban heat islands and carbon sequestration · Integrate local food production into the regional landscape Green Region, Urban Greening, Greenbelts and Community Separators. Consistent. The proposed Project is located in an urbanized area and would not interfere with regional wildlife connectivity or convert agricultural land. According to the Project applicant, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would include solar-ready roofs for all buildings. Thus, the Project would     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 60 Consistency with the City of Santa Ana General Plan The Conservation Element of the General Plan Update contains various goals and policies aimed at reducing the health hazards from air pollution, reducing overall GHG emissions in the City, and minimizing the impacts of climate change. Table 4.8-6, Consistency with the Santa Ana General Plan Update, provides a consistency analysis of the Project with applicable goals and policies. As shown therein, the proposed Project would be consistent with the GHG emission reduction goals and policies contained in the City’s General Plan Update. Table 4.8-6 Consistency with City of Santa Ana General Plan Update Goals and Policies Project Consistency Analysis Goal CN-1: Air Quality and Climate. Protect air resources, improve regional and local air quality, and minimize the impacts of climate change. Policy CN 1.2 Climate Action Plan. Consistency with emission reduction goals highlighted in the Climate Action Plan shall be considered in all major decisions on land use and investments in public infrastructure. Consistent. The Project would be consistent with the goals listed in the Climate Action Plan; refer to the discussion below. As such, the Project is consistent with this policy. Policy CN 1.4 Development Standards. Support new development that meets or exceeds standards for energy- efficient building design and site planning. Consistent. According to the Project plans, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would also include solar-ready roofs for all buildings. Upon conformance with applicable regulations, the Project would be consistent with this policy. Policy CN 1.7 Housing and Employment Opportunities. Improve the City’s jobs/housing balance ratio by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. Consistent. The proposed Project would involve the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse uses that would introduce employment opportunities in the City. As such, the Project is consistent with this policy. · Promote more resource efficient development focused on conservation, recycling and reclamation · Preserve, enhance and restore regional wildlife connectivity · Reduce consumption of resource areas, including agricultural land · Identify ways to improve access to public park space support resource efficient development that reduces energy consumption and GHG emissions. The Project would be consistent with this reduction strategy. Note: 1. Southern California Association of Governments, High Quality Transit Areas (HQTA) 2045 – SCAG Region, https://gisdata- scag.opendata.arcgis.com/datasets/SCAG::high-quality-transit-areas-hqta-2045-scag- region/explore?location=34.058231%2C-118.364678%2C13.71, accessed April 8, 2024. Source: Southern California Association of Governments, 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy – Connect SoCal, September 3, 2020.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 61 Goals and Policies Project Consistency Analysis Policy CN 1.8 Promote Alternative Transportation. Promote use of alternate modes of transportation in the City of Santa Ana, including pedestrian, bicycling, public transportation, car sharing programs and emerging technologies. Consistent. The proposed Project is located in an urbanized environment and would include short- and long-term bicycle parking and would construct EV charging stations in accordance with the most current and applicable Title 24 standards and CALGreen, as well as provide vanpool/carpool parking spaces. Additionally, the Project Site would be served by existing bus stops along West Macarthur Boulevard, which could encourage the use of public transportation. As such, the Project is consistent with this policy. Policy CN 1.12 Sustainable Infrastructure. Encourage the use of low or zero emission vehicles, bicycles, non‐ motorized vehicles, and car‐sharing programs by supporting new and existing development that includes sustainable infrastructure and strategies such as vehicle charging stations, drop‐off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. Consistent. The Project would incorporate features that would encourage the use of sustainable forms of transportation. As previously discussed, the Project would construct short- and long-term bicycle parking spaces, EV charging stations, and vanpool/carpool parking spaces. Additionally, the Project Site would be served by existing bus stops along West Macarthur Boulevard, which could encourage the use of public transportation. As such, the Project is consistent with this policy. Goal CN-3: Energy Resources. Reduce consumption of and reliance on nonrenewable energy, and support the development and use of renewable energy sources. Policy CN-3.5 Site Design. Encourage site planning and subdivision design that incorporates the use of renewable energy systems. Consistent. According to the Project applicant, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would also include solar-ready roofs for all buildings. As such, the Project would be consistent with this policy. Policy CN 3.5 Landscaping. Promote and encourage the planting of native and diverse tree species to improve air quality, reduce heat island effect, reduce energy consumption, and contribute to carbon mitigation with special focus in environmental justice areas. Consistent. The proposed Project would incorporate landscaping throughout the site, primarily along the perimeter of the site and parking lot. The Project would also provide a small, publicly accessible pocket park along West Lake Center Drive. Outdoor patios have also been proposed for each building. As such, the Project would be consistent with this policy. Policy CN-3.7 Energy Conservation Design and Construction. Incorporate energy conservation features in the design of new construction and rehabilitation projects. Consistent. According to the Project plans, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would include solar-ready roofs for all buildings. As such, the Project would be consistent with this policy. Goal CN-4: Water Resources. Conserve and replenish existing and future water resources. Policy CN 4.1 Water Use. Encourage and educate residents, business owners, and operators of public facilities to use water wisely and efficiently. Consistent. The proposed Project would incorporate features that would reduce water usage. Specifically, the Project would include low-flow fixtures that would reduce excessive use of water throughout the Project Site, water efficient irrigation, and incorporate drought-tolerant plants. As such, the Project would be consistent with these policies. Policy CN 4.2 Landscaping. Encourage public and private property owners to plant native or drought‐ tolerant vegetation. Policy CN 4.4 Irrigation Systems. Promote irrigation and rainwater capture systems that conserve water to support a sustainable community.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 62 Goals and Policies Project Consistency Analysis Goal M-5 Sustainable Transportation Design. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. Policy M-5.6 Clean Fuels and Vehicles. Encourage the use of alternative fuel vehicles and mobility technologies through the installation of supporting infrastructure. Consistent. The Project would construct short- and long-term bicycle parking spaces and EV charging stations to encourage the use of alternative fuel vehicles. As such, the Project is consistent with this policy Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan, May 26, 2022. Consistency with the City of Santa Ana Climate Action Plan The City’s CAP recommends measures that would achieve GHG reductions including installation of solar photovoltaic systems and compliance with Title 24 energy efficiency standards. The Project proposes to revitalize the SD-58 by constructing three new Class A industrial buildings for office, manufacturing, and/or warehouse uses. The proposed Project would be consistent with the applicable measures listed in the CAP by incorporating energy efficient features (i.e., energy efficient lighting, energy efficient appliances, and on-site renewable energy production capabilities) and water efficient features (i.e., low-flow fixtures, drought-tolerant landscaping, and water efficient irrigation). The proposed Project would also comply with SB 1383 for waste reduction. According to the Project plans, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would include solar-ready roofs for all buildings. As further described in Table 4.8-7, Consistency with the Santa Ana Climate Action Plan, the Project would be consistent with the City’s CAP. Table 4.8-7 Consistency with the Santa Ana Climate Action Plan Goals Project Consistency Analysis Transportation and Land Use Measures Measure: Local Employment Nodes near Residential and Retail Areas. Consistent. The proposed Project would replace an existing office complex with three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The Project Site is located within a portion of the City designated for Industrial (IND) use in the City’s General Plan. However, residential uses exist approximately 800 feet to the south of the site and 850 feet to the east of the site, providing for both proximity of residents to the Project’s employment opportunities and a buffer between the proposed industrial use and existing residential uses. Therefore, the proposed Project is consistent with this measure. Measure: End-of-trip Facilities in New Projects. Consistent. According to the City’s CAP, end-of-trip facilities include bike lockers, showers and changing rooms that would be used by cyclists. Installation of these end-of-trip facilities would encourage the use of bicycles as a form of transportation. The proposed Project is located in an urbanized environment and would include short- and long-term bicycle parking and would construct EV charging stations in accordance with the most current and applicable Title 24 standards and CALGreen, as well as provide vanpool/carpool parking spaces. As such, the proposed Project would be consistent with this measure. Measure: Design Guidelines for External Bike/Pedestrian/Transit Connectivity. Consistent. As previously discussed, the proposed Project is located in an urbanized environment and would include short- and long-term bicycle parking. The proposed Project includes internal walkways that would connect to existing sidewalks on West Lake Center Drive and South Susan Street. Such public sidewalks provide access to existing bus stations along West MacArthur Boulevard. As such, the proposed Project would be consistent with these measures. Measure: Design Guidelines for Internal Bike/Pedestrian/Transit Connectivity.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 63 Goals Project Consistency Analysis Community-wide Energy Measures Measure: Property Assessed Clean Energy (PACE) Financing for Commercial Properties. Consistent. As discussed in the City’s CAP, PACE is an energy efficiency financing program that promotes the implementation of energy efficient features and renewable energy generation by providing financing opportunities for commercial property owners. The proposed Project would exceed the requirements of the most current and applicable Title 24 standards, which include energy efficiency standards. As such, development of the proposed Project could utilize PACE financing to help implement the energy efficiency standards as required in the most current and applicable Title 24 standards. Therefore, the proposed Project would be consistent with the CAP’s measures related to PACE financing. Measure: Solar Photovoltaic Systems – New Private Installs. Consistent. As discussed above, the proposed Project would include solar-ready roofs for all buildings and would exceed Title 24 standards by 10 percent. As such, the proposed Project would be consistent with this goal. Measure: Benchmarking and Retro- commissioning. Consistent. This measure directs the City to develop an ordinance requiring that all nonresidential buildings larger than 10,000 square feet report their Energy Star Portfolio Manager results every seven years, and that buildings with a score of less than 75 must complete retro- commissioning. When this measure becomes applicable, the Project buildings would be required to comply with it. As such, the proposed Project would be consistent with this measure. Measure: Title 24 Energy Efficiency Standards – Commercial. Consistent. As previously discussed, the proposed Project would exceed Title 24 requirements by 10 percent. As such, the proposed Project would be consistent with this measure. Solid Waste, Water, and Wastewater Measures Measure: AB 341 Commercial and Multifamily Recycling. Consistent. The proposed Project would implement a recycling system in accordance with state and local regulations, including the mandatory commercial recycling under AB 341. Additionally, the proposed Project would comply with SB 1383, which aims to recycle or compost 75 percent of waste by 2025. As such, the proposed Project would be consistent with this measure. Measure: Food Waste Digestion. Consistent. SB 1383 establishes targets to achieve a 50-percent reduction in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75-percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The proposed Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the proposed Project would be consistent with this measure. Measure: Rainwater Harvesting. Consistent. As discussed, the proposed Project includes water efficient irrigation and drought-tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Measure: Turf Removal. Consistent. As discussed in the City’s CAP, natural turf is one of the most water-intensive features of landscaping. The removal of natural turf would help reduce overall water consumption in the City. As discussed, the proposed Project includes water efficient irrigation and drought- tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Source: City of Santa Ana, Santa Ana Climate Action Plan, adopted December 2015.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 64 Consistency Conclusion As discussed, the significance determination for GHG emissions is based solely on consistency with applicable statewide, regional, and local climate change mandates, plans, policies, and regulations. As demonstrated in the above analysis, the Project’s characteristics render it consistent with statewide, regional, and local climate change mandates, plans, policies, and regulations. More specifically, the GHG plan consistency analyses provided above demonstrates that the proposed Project would comply with the regulations and GHG reduction goals, policies, actions, measures, and strategies outlined in the 2022 Scoping Plan, Connect SoCal, the City’s General Plan, and the City’s CAP. Consistency with these plans would reduce the impact of the Project’s incremental contribution to GHG emissions. Accordingly, the Project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. As the proposed Project is consistent with statewide, regional, and local GHG reduction plans, the proposed Project would also be consistent with the State’s long-term goal to achieve statewide carbon neutrality (zero-net emissions). Accordingly, impacts related to GHG emissions resulting from the proposed Project would be less than significant and would be less when compared to the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable even with implementation of mitigation for GPU PEIR Impact 5.7-1 and less than significant for GPU PEIR Impact 5.7-2. Therefore, no new project-specific mitigation measures are required. 4.8.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR GHG-1, RR GHG-2, RR GHG-3, and RR GHG-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe GHG impacts than anticipated by the GPU PEIR. 4.8.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR GHG-1 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building and Energy Efficiency Standards were effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2499, which restricts nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7 California’s Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most “new construction” projects (CALGreen §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 65 demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). 4.9 Hazards and Hazardous Materials 4.9.1 GPU PEIR Findings As stated in the GPU PEIR, the General Plan Update does not introduce any general or heavy industrial uses anywhere in the City in comparison to existing conditions. The GPU PEIR concluded that buildout of the proposed General Plan Update would include construction activities and operations that would transport, use, or dispose of hazardous materials in proximity to existing environmental justice (EJ) communities (i.e., disadvantaged communities), existing sensitive receptors, and proposed new sensitive receptors. Such activities could create a significant hazard to the public or the environment given the proximity of hazardous materials sites which are considered open cases, existing lead-contaminated soils, existing buildings containing asbestos-containing materials (ACM) and/or lead-based paint (LBP), and existing and planned industrial uses throughout the City. The GPU PEIR also determined that buildout of the General Plan Update would increase the number of hazardous waste generators as there would be an increase in industrial uses. However, impacts related to the use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the USEPA, US Department of Transportation, California Division of Occupational Safety and Health, and the Orange County Health Care Agency (OCHCA), Environmental Health Division. Policies and implementation actions in the General Plan Update specifically target existing land use compatibility issues and aim to prevent any future impacts to new sensitive receptors within EJ communities. Additionally, buildout under the General Plan Update would be required to implement RRs HAZ-1 through RR HAZ-5. Thus, the GPU PEIR determined that impacts related to the routine use, storage, transport, and disposal of hazardous materials, and the accidental release of hazardous materials, would be less than significant. The GPU PEIR also concluded that development on or adjacent to any sites listed on hazardous materials databases would require an environmental site assessment to ensure that projects would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. With the preparation of an environmental site assessment, impacts related to development on an existing hazardous materials site would be less than significant. Further, there are parts of the City that are within the vicinity of the John Wayne Airport Compatibility Land Use Plan and have height limits due to regulations pertaining to navigable airspace. The GPU PEIR concluded that projects approved under the General Plan Update would be required to comply with existing regulations to ensure consistency with the John Wayne Airport Compatibility Land Use Plan and protect navigable airspace. Impacts would be less than significant. The GPU PEIR concluded that buildout of the General Plan Update would increase square footage, dwelling units, population, and traffic congestion in the City, which could adversely impact evacuation plans. However, as the General Plan Update would not result in substantial changes to circulation patterns and emergency access routes, or interfere with the City’s operations for emergency response, impacts related to emergency response would be less than significant. The GPU PEIR also concluded that no impact would occur related to wildland fire as the City is not within a fire hazard severity zone.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 66 4.9.2 Project Analysis The proposed Project would develop three new Class A industrial buildings for office, manufacturing, and/or warehouse use on a site that is currently developed with commercial office buildings east of Susan Street and is vacant west of Susan Street. While the proposed Project would introduce new industrial uses to the Project Site, according to GPU PEIR Figure 2-1, EJ Communities, Neighborhoods, and Focus Areas, the Project Site is not located within an environmental justice (EJ) community. As such, the proposed Project would not expose EJ communities to hazardous materials and waste. Moreover, although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site’s land use designation is already Industrial. Thus, the proposed Project would not introduce any general or heavy industrial uses in the City in comparison to existing conditions. Construction of the proposed Project would involve demolition, grading, and construction of new buildings. Construction activities would use limited amounts of hazardous materials in the form of paints, solvents, glues, and other common construction materials for the proposed buildings. Construction activities may include the use of machinery and other equipment that require fueling or maintenance/servicing. These types of materials are not acutely hazardous, and all storage, handling, use, transport, and disposal of these would be required to conform to existing laws and regulations of the California Department of Toxic Substances Control (DTSC), USEPA, Occupational Safety & Health Administration (OSHA), and OCHCA, which would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Additionally, the storage, handling, use, transport, and disposal of these hazardous materials would cease once construction is complete. Project compliance with RR HAZ-1 would ensure hazardous materials and hazardous wastes are transported in compliance with any applicable state and federal requirements; RR HAZ-2 would ensure hazardous waste generation, transportation, treatment, storage, and disposal would be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations [CFR], Title 40, Part 263). According to the Cultural Memorandum, the existing buildings were built after the 1980s; refer to Attachment C. Thus, the buildings are not likely to contain ACM and LBP. Nonetheless, demolition of the existing buildings would comply with RR HAZ-4, which would ensure demolition activities that could expose workers or the public to ACMs or LBPs would be conducted in accordance with any applicable state and federal requirements, and RR HAZ-5, which would ensure removal of hazardous materials be conducted as outlined in 29 CFR 1910.120 and 8 CCR 5192. Moreover, based on Attachment G, Phase I Environmental Site Assessment,23 the vacant parcel to the west of Susan Street does not have any recognized environmental conditions.24 Therefore, with adherence to existing regulations construction of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. During operation, there is potential for future tenants of the proposed buildings to use hazardous materials and generate hazardous waste. The nearest sensitive receptor is Calvary High School, located to the east of the Project Site. However, any future hazardous materials use, storage, 23 Attachment G, Phase I Environmental Site Assessment is comprised of two Phase I reports – one for the vacant parcel and one for the Lake Center Office Park. For the purposes of this document, references to the Phase I Environmental Site Assessment includes both reports. 24 As defined by ASTM E1527-21, a REC is: “(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 67 transport, or disposal would be required to comply with existing regulations of the USEPA, US Department of Transportation, CalRecycle, and other agencies, consistent with the industrial uses analyzed in the GPU PEIR. Therefore, operation of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. The Project Site is not listed in the State Water Resources Control Board (SWRCB) GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and cleanups sites; or the DTSC EnviroStor Data Management System which includes Cortese sites; or the USEPA’s database of regulated facilities.25, 26 As such, consistent with the GPU PEIR, impacts related to hazardous materials sites would be less than significant. According to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, and Figure 5.8-6, Height Restrictions per Federal Air Regulations Part 77, of the GPU PEIR, the Project Site is located outside of the John Wayne Airport’s safety compatibility zone and height restriction areas. As such, the proposed Project would not result in a safety hazard or excessive noise for people residing and working in the Project area. No impact would occur. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project. Operation of the proposed Project would not result in population growth or changes to the existing circulation system. All driveways would provide adequate space for emergency vehicle access. As such, the proposed Project would not interfere with operations of the City’s Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies; thus, consistent with the GPU PEIR, impacts to emergency response planning would be less than significant. The City of Santa Ana is not in a designated fire hazard zone. As such, consistent with the GPU PEIR, no impact related to the risk of wildland fires would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the transport, use, disposal, and release of hazardous materials; hazardous materials sites; sites located within the vicinity of an airport or in an airport land use plan; and impairment of an emergency response or evacuation plan would be less than significant; and that no impacts would occur related to the risk of wildland fires. Therefore, no new project-specific mitigation measures are required. 25 California State Water Resources Control Board, GeoTracker, https://geotracker.waterboards.ca.gov/map/, accessed April 25, 2024. 26 California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca.gov/public/, accessed April 25, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 68 4.9.3 Conclusion The Project is consistent with buildout of the General Plan Update. With implementation of RR HAZ-1, RR HAZ-2, RR HAZ-4, and RR HAZ-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hazards and hazardous materials than anticipated by the GPU PEIR. 4.9.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos-containing materials or lead-based paint will be conducted in accordance with applicable regulations, including, but not limited to: · South Coast Air Quality Management District’s Rule 1403 · California Health and Safety Code (Section 39650 et seq.) · California Code of Regulations (Title 8, Section 1529) · California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) · Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]). RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury-containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury- containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 69 4.10 Hydrology and Water Quality 4.10.1 GPU PEIR Findings The GPU PEIR concluded that compliance with local, state, and federal regulations and the policies of the proposed General Plan Update would reduce buildout impacts related to groundwater, drainage, hydrology, and water quality. Individual projects would be required to incorporate project-specific source control and treatment Best Management Practices (BMPs), incorporate low impact design (LID)/site design, and comply with applicable regulatory requirements to ensure compliance with regulations governing water quality, including the following: · Santa Ana Local Implementation Plan [LIP] · Orange County Drainage Area Management Plan · Construction General Permit (CGP) Water Quality Order 2009-0009-DWQ for preparation of a Stormwater Pollution Prevention Plan (SWPPP) (RR HYD-1) · National Pollutant Discharge Elimination System [NPDES] Municipal Separate Storm Sewer System [MS4] Permit from the Santa Ana Regional Water Quality Control Board (RR HYD-4) · Santa Ana Model Water Quality Management Plan [WQMP] · Santa Ana Municipal Code (RR HYD-5) · General Industrial Permit (Order No. CAS000001) for industrial activity (RR HYD-2) preparation of a Water Quality Management Plan). Additionally, the GPU PEIR determined that projected water demand from the proposed GPU at buildout is well within the projected total water demand for 2040 in the 2015 urban water management plan for normal, dry year, and multiple dry year scenarios. Related to pervious surfaces and runoff, the GPU PEIR also determined peak flows would be decreased overall but an increase of stormwater runoff peak flow rates could result from the introduction of new impervious surfaces. As stated in the GPU PEIR, the City and County have policies in place for reviewing and permitting new developments including requiring detailed hydrology studies. Related to flood hazards, tsunami, and seiche zones, the GPU PEIR determined that impacts would be less than significant due to the low potential for such conditions to occur and the regulations in place to manage flood hazards and minimize flood risks. In summary, the GPU PEIR determined that all impacts related hydrology and water quality would be less than significant and that no mitigation measures were required. 4.10.2 Project Analysis The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities have the potential to degrade water quality through the exposure of surface runoff to exposed soils, dust, and other debris at the Project Site as well as increase erosion and/or siltation. The proposed Project would be required to comply with various applicable regulatory requirements governing water quality, including the requirements to incorporate project-specific source control and treatment BMPs and the requirements to incorporate low impact design (LID)/site design. For construction, the proposed Project would     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 70 comply with the latest CGP (Order No. 2022-057-DWQ) and RR HYD-1, which requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan (the Project Site is larger than one acre) and associated best management practices, an annual fee, and a signed certification statement. As the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), the proposed Project would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County’s NPDES Stormwater Program (RR HYD-4) and be consistent with the Orange County Drainage Area Management Plan; refer to Attachment H, Preliminary Water Quality Management Plan. The WQMP describes site design and drainage, and structural and non-structural source control BMPs for the proposed Project to ensure water quality standards or waste discharge requirements are not violated, and to prevent substantial erosion or siltation on- or offsite. The proposed Project would also be required to comply with the SAMC regarding prohibitions on illicit connections and discharges, urban runoff control measures, and permit requirements. As a result, consistent with the GPU PEIR, water quality impacts associated with construction and operational activities would be less than significant. Regarding water demand, the proposed Project is anticipated to require less water than the existing office building use due to a reduction in fixtures; refer to Section 4.19, Utilities and Service Systems, for additional details. Thus, the proposed Project would be consistent with the General Plan Update. Regarding pervious surfaces and runoff, according to the Attachment I, Preliminary Drainage and Hydrological Study (Drainage Study), prepared by Incledon Consulting Group, dated June 2024, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions; refer to Preliminary Drainage and Hydrological Study. Additionally, the Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project’s storm water to the existing/public systems during a 10-year storm, utilizing a new on-site storm drain system that would collect surface water from the on-site BMP catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street’s infrastructure and an on-site storm drain system. Therefore, consistent with the GPU PEIR, impacts would be less than significant. According to Figure 5.9-4, City of Santa Ana Flood Zones, of the GPU PEIR, the Project Site is not within a 100-year flood hazard area as designated by the Federal Emergency Management Agency (FEMA). According to Figure 5.9-5, Dam Inundation Areas, of the GPU PEIR, the Project Site is within both the Santiago Creek Dam and Prado Dam inundation areas. However, the Santiago Creek Dam has been assessed by the California Division of Safety of Dams (DSOD) to have no existing or potential dam safety deficiencies and the U.S. Army Corps of Engineers’ Dam Safety Program is actively implementing risk-reduction measures to remediate the Prado Dam, including routine inspections and ongoing monitoring, spillway modifications to improve downstream flow, and public outreach, to ensure potential inundation hazards are minimized or eliminated.27 The GPU PEIR determined that, while seiche theoretically could occur with these reservoirs, the flooding impacts would be less than the inundation zones. The GPU PEIR also determined that the City is too far inland to be at risk of a tsunamis. As such, implementation of 27 U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk-reduction measures, https://www.spl.usace.army.mil/Media/News-Releases/Article/1849301/corps-reclassifies-prado-dam-implements- risk-reduction-measures/, May 15, 2019.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 71 the proposed Project would result in less than significant impacts related to flood hazard, tsunami, and seiche zones. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to violation of water quality standards or waste discharge requirements; decrease in groundwater supplies or interference with groundwater recharge; alteration of existing drainage patters; flood, tsunami, or seiche risks; and conflicts with or obstruction of a water quality control plan or sustainable groundwater management plan would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.10.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hydrology and water quality than anticipated by the GPU PEIR. 4.10.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR-HYD-1 All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2012-0006-DWQ)28 for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan and associated best management practices, an annual fee, and a signed certification statement. RR-HYD-2 All industrial development pursuant to the General Plan Update shall comply with the requirements of the General Industrial Permit (Order No. CAS000001). The General Industrial Permit regulates operators of facilities subject to stormwater permitting, that discharge stormwater associated with industrial activity. RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010 0062). The MS4 Permit requires new development and redevelopment projects to: · Control contaminants into storm drain systems · Educate the public about stormwater impacts · Detect and eliminate illicit discharges · Control runoff from construction sites · Implement best management practices and site-specific runoff controls and treatments for new development and redevelopment. 28 The proposed Project would be subject to the most recent Construction General Permit (Order No. 2022-057-DWQ), which was adopted on September 8. 2022.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 72 RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. 4.11 Land Use and Planning 4.11.1 GPU PEIR Findings The GPU PEIR concluded that the General Plan Update’s policies would encourage the preservation or enhancement of the existing residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of the City. A primary goal of the General Plan Update is to preserve and improve the character and integrity of existing neighborhoods and districts; specific policies would reduce the conflict between contrasting land uses and enhance neighborhoods by responsibly integrating new development into existing communities. The General Plan Update would not divide established communities; rather, implementation of the policies in the General Plan Update would ensure the development of cohesive communities. As such, the GPU PEIR concluded that impacts would be less than significant. Additionally, none of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the City, including the Airport Environs Land Use Plan for the John Wayne Airport, the Orange County Transportation Authority (OCTA) Congestion Management Plan, and the Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As individual projects are considered by the City, each would be subject to a variety of federal, state, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. As such, the GPU PEIR concluded that the General Plan Update would not conflict with any applicable land use plan, policy, or regulation and impacts would be less than significant. 4.11.2 Project Analysis The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use entirely within SD-58. Similar to existing conditions, the Project Site would remain accessible from driveways along Lake Center Drive and South Susan Street. Per RR LU-1, the Project must comply with the applicable provisions of SAMC Chapter 41 (Zoning). Permitted uses in the SD-58 District are professional and business offices and commercial/retail uses. To allow the development of the proposed buildings for industrial use, an amendment to the SD-58 District would be required to allow for industrial uses. In addition, the development standards would be updated to include standards for perimeter fencing and revise parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Additionally, the proposed Project would require a lot merger and site and development plan approval. Although the proposed Project would amend SD-58 to allow for industrial uses, the Project Site’s zoning would be consistent with the General Plan land use designation of Industrial. Additionally, the infill development of the portion of the Project Site west of Susan Street would enhance SD-58 by making it more cohesive. The three buildings would be designed in accordance with the updated development standards governing the SD-58 District. Upon approval of the above entitlements, the proposed Project would be consistent with the requirements of the General Plan Update and Project Site’s zoning. Furthermore, the Project Site is not within a residential community; it is surrounded by office, commercial, and recreational uses. Therefore, the Project would not divide an established community and impacts would be less than significant, consistent with the conclusion in the GPU PEIR.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 73 As detailed in Table 4.11-1, General Plan Update Land Use Element Project Consistency Analysis, the proposed Project would be consistent with the applicable General Plan Update Land Use Element goals and policies. Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Goal LU-1: Provide a land use plan that improves quality of life and respects our existing community. Policy LU-1.1: Foster compatibility between land uses to enhance livability and promote healthy lifestyles. Consistent. Surrounding uses adjacent to the Project Site include office, commercial, and recreational uses. The Greenville Banning Channel bounds the Project Site to the east and freight rail tracks bound the Project Site to the west. The Project proposes to redevelop the Lake Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. As discussed previously, the proposed industrial use is consistent with the General Plan Update. The SD-58 District currently includes design standards such as building heights, setbacks, separations, landscaping standards, and signage; and would be amended to include design standards for perimeter fencing and operational standards for the Limited Light Industrial Use to ensure that the Project would be compatible with adjacent and surrounding uses. In addition, the Project would include bicycle parking spaces and EV charging stations, which would promote healthy lifestyles and reduce GHG emissions. Policy LU-1.8: Ensure that new development projects provide a net community benefit. Consistent. The Project proposes to redevelop the Lake Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. The infill development of the western portion of the Project Site would enhance SD-58 by making it more cohesive. As discussed in Section 4.14, Population and Housing, the proposed Project would generate 425 employees that would be drawn from the City or region. As the proposed Project would provide additional jobs in the City, it would improve the jobs-housing ratio determined in the GPU PEIR and help offset residential population growth impacts resulting from implementation of the General Plan Update. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce VMT and GHG emissions. Overall, the proposed Project would provide a net community benefit. Policy LU-1.9: Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. Consistent. As discussed throughout this document, the proposed Project would be consistent with the General Plan Update. Additionally, as discussed in Section 4.15, Public Services, and Section 4.19, Utilities and Service Systems, the proposed Project would result in less than significant impacts to public utilities and infrastructure. Goal LU-2: Provide a balance of land uses that meet Santa Ana’s diverse needs. Policy LU-2.1: Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. Consistent. Refer to the response to Policy LU-1.8 above. Overall, the proposed Project would offer employment opportunities for current and future Santa Ana residents.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 74 Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Policy LU-2.7: Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. Consistent. To allow the use of the proposed buildings for industrial use, an amendment to the SD-58 District would be required. As previously discussed, the proposed industrial uses would generate approximately 425 employment opportunities. Thus, approval of the proposed Project would support land use decisions that encourage the creation, development, and retention of new businesses in in the City. Policy LU-2.8: Encourage land uses, development projects, and public art installations that promote the city’s image as a cultural, governmental, and business-friendly regional center Consistent. Refer to the response to Policy LU-2.7 above. Approval of the proposed Project would support land uses and development projects that promote the City’s image as a business-friendly regional center. Goal LU-3: Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.1: Support new development which provides a net community benefit and contributes to neighborhood character and identity. Consistent. Refer to response to Policy LU-1.8 above. Overall, the proposed Project would provide a net community benefit. Policy LU-3.4: Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. Consistent. The proposed Project would be required to comply with updated development standards governing aesthetics for the SD-58 District, which include building heights, setbacks, separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing, the development standards for the SD-58 District remain unchanged with proposed the SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Overall, the scale and massing of the new development would be compatible with the surrounding built environment. Policy LU-3.8: Avoid the development of industry and sensitive receptors in close proximity to each other that could pose a hazard to human health and safety due to the quantity, concentration, or physical or chemical characteristics of the hazardous materials utilized, or the hazardous waste an operation may generate or emit. Consistent. The proposed Project would develop industrial uses at the Project Site. The closest sensitive receptors to the Project Site are the institutional use located approximately 100 feet east of the Project Site and residential uses located approximately 800 feet south of the Project Site. However, as discussed above in Section 4.9, Hazards and Hazardous Materials, Project impacts related to the use or, generation, or emission of hazardous waste would be less than significant. Policy LU-3.9: Improve the health of residents, students, and workers by limiting the impacts of construction activities and operation of noxious, hazardous, dangerous, and polluting uses that are in close proximity to sensitive receptors, with priority given to discontinuing such uses within environmental justice area boundaries. Consistent. Refer to the response to Policy LU-3.8 above. As discussed in Section 4.9, Hazards and Hazardous Materials, the Project Site is not located in an EJ area and impacts related to the use of hazardous materials in close proximity to sensitive receptors would be less than significant. In addition, as discussed in Section 4.3, Air Quality, Project impacts related to air pollutant emissions would also be less than significant. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce GHG emissions. Goal LU-4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.3: Encourage land uses and strategies that reduce energy and water consumption, waste and noise generation, soil contamination, air quality impacts, and light pollution. Consistent. As discussed throughout this document, the proposed Project would reduce energy and water consumption. Impacts related to waste and noise generation, soil contamination, air quality impacts, and light pollution would be less than significant. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, April 2022.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 75 In addition, according to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, of the GPU PEIR, the Project Site is not within an airport safety zone. Similarly, according to Figure 5.12-6, John Wayne Airport Noise Contours, of the GPU PEIR, the Project Site is not within the 60 dBA CNEL aircraft operation noise contours. Thus, the Project would not conflict with the Airport Environs Land Use Plan for the John Wayne Airport. Moreover, as the Project Site is not located near the study intersections for the OCTA Congestion Management Program (i.e., Harbor Boulevard and 1st Street and Harbor Boulevard and Warner Avenue) the proposed Project would not impair implementation of the OCTA Congestion Management Program. As such, the Project would not conflict with any applicable land use plan, policy, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant. Based on the above, the proposed Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to physically dividing an established community, and conflicting with applicable land use plan, policy, or regulation would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.11.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR LU-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off- site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to land use and planning than anticipated by the GPU PEIR. 4.11.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and development standards that are applicable within these subareas in addition to those in the underlying zoning district. 4.12 Mineral Resources 4.12.1 GPU PEIR Findings According to the GPU PEIR, the City is mostly mapped as Mineral Resource Zone (MRZ) 3, which is an area where the significance of mineral deposits cannot be determined from available data. The area in the southeast portion of the City is mapped as MRZ-1, which means an area where no significant mineral resources are present or there is little likelihood that significant mineral resources are present. A small area in the northeast corner of the City is mapped as MRZ-2, which means significant mineral resources are known or very likely. However, the City does not have mineral resource sectors or active or inactive mines. Thus, implementation of the General Plan Update would not cause a loss of availability of known mineral resources, and impacts would be less than significant.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 76 4.12.2 Project Analysis The Project Site is located in the southwestern portion of the City, and is mapped MRZ-3, like most of the City. While the significance of mineral deposits cannot be determined from available data in areas mapped as MRZ-3, the City does not have mineral resource sectors. The Project Site is not used as a mineral extraction operation, has not historically been used for mineral resource extraction, and the proposed Project would not include any mineral extraction. Therefore, implementation of the proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State and would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan, or other land use plan. Therefore, consistent with the General Plan Update, impacts to mineral resources would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to mineral resources would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.12.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to mineral resources than anticipated by the GPU PEIR. 4.12.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply. 4.13 Noise 4.13.1 GPU PEIR Findings The GPU PEIR concluded that implementation of the General Plan Update has the potential to result in significant temporary and permanent increases of noise levels throughout the City from construction activities and land use development projects. The General Plan Update included regulations designed to protect new sensitive land uses from excessive noise levels, including GPU PEIR MM N-1, which prescribes measures for construction activities. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, the GPU PEIR concluded that construction activities could result in a temporary substantial increase in noise levels above ambient conditions and impacts would remain significant and unavoidable even with mitigation. The GPU PEIR also identified that buildout of the General Plan Update would result in an increase in traffic along local roadways proximate to existing sensitive receptors and could exceed noise standards on several roadway segments. Although policies identified in the General Plan Update Noise Element and Mobility Element would help to minimize and mitigate traffic noise impacts along several roadway segments, the GPU PEIR conservatively concluded that traffic noise increase on the roadway segments would be significant and unavoidable. However, the GPU PEIR also noted that the identification of program-level impacts does not preclude the finding of less-than-significant impacts for subsequent projects analyzed at the project level.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 77 The GPU PEIR determined that construction activity would generate varying degrees of ground vibration. GPU PEIR MM N-2, which requires preparation of a noise and vibration analysis for projects requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster), or use of a vibratory roller within 25 feet of any structure, and adherence to associated performance standards, would reduce impacts to a less-than-significant level. The GPU PEIR determined that implementation of GPU PEIR MM N-3, which applies to new residential projects located within 200 feet of existing railroad lines and GPU PEIR MM N-4, which applies to industrial developments, would reduce potential vibration impacts during operation to less than significant levels. The GPU PEIR determined that future development of noise-sensitive land uses could be located within areas where airport noise exceeds 60 dBA CNEL, but with implementation of the policies in the Noise Element, impacts would be less than significant. 4.13.2 Project Analysis The following section evaluates potential impacts related to noise and vibration that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment J, Noise and Vibration Assessment. The Noise and Vibration Assessment was prepared to fulfill the requirements of GPU PEIR MM N-4. EXISTING CONDITIONS The Project Site is surrounded by existing commercial and institutional uses to the north, south, and west. The primary sources of stationary noise in the Project vicinity are from urban-related activities (i.e., mechanical equipment and parking areas). Commercial and industrial operations in the Project vicinity can also generate varying degrees of ground vibration, depending on the operational procedures and equipment, which can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Such equipment-generated vibrations spread through the ground and diminish with distance from the source. The existing noise in the Project vicinity is generated predominately by traffic along surrounding roadways including MacArthur Boulevard, South Susan Street, and Lake Center Drive. These roadways also have the potential to generate vibrations. However, according to the Federal Transit Administration (FTA), it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.29 Existing Ambient Noise Levels Three short-term noise measurements were taken in the Project vicinity on March 12, 2024 to quantify existing ambient noise levels in the Project area. The noise measurement locations are described in Table 4.13-1, Noise Measurements and are representative of typical existing noise exposure at the nearest sensitive receptors. The 10-minute measurements were taken between 11:00 a.m. and 12:30 p.m. Short-term (Leq) measurements are considered representative of the noise levels throughout the day. The noise measurements were taken during “off-peak” (9:00 a.m. through 3:00 p.m.) traffic noise hours as this provides a more conservative baseline. During rush 29 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground-borne Vibration and Noise, September 2018.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 78 hour traffic, vehicle speeds and heavy truck volumes are often low and free-flowing traffic conditions just before or after rush hour often yield higher noise levels. Table 4.13-1 Noise Measurements Site No. Location Leq (dBA) Lmin (dBA) Lmax (dBA) Time 1 In front of 3626 South Marine Street multifamily residential use 72.6 51.2 87.0 11:07 a.m. 2 Near 3388 Corte Cassis residential use, approximately 200 feet west of the Fairview Road and Sunflower Avenue intersection 68.2 48.5 86.6 11:39 a.m. 3 In front of Calvary Chapel bookstore, approximately 200 feet east from the Lake Center Drive and Susan Street intersection 60.3 52.3 81.0 12:07 p.m. Notes: dBA = A-weighted decibels, Leq = Equivalent Sound Level; Lmin = Minimum Sound Level; Lmax = Maximum Sound Level, Peak = Highest Instantaneous Sound Level Source: Michael Baker International, May 18, 2023. Noise Sensitive Receptors Noise-sensitive land uses are generally considered to include those uses where noise exposure could result in health-related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as parks, historic sites, cemeteries, and recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and other places where low interior noise levels are essential are also considered noise-sensitive land uses. The nearest sensitive receptor to the Project Site is an existing institutional use (Calvary Chapel High School) located approximately 100 feet to the east of the Project Site. The nearest existing residential uses are located approximately 800 feet to the south in the City of Costa Mesa and 850 feet to the east within the City of Santa Ana. SIGNFICANCE CRITERIA AND METHODOLOGY Construction and Operational Noise Standards Neither the City of Santa Ana nor the City of Costa Mesa have a quantitative threshold that applies to noise levels at active construction sites. To evaluate whether the Project would generate potentially significant temporary construction noise levels at off-site sensitive receiver locations, a construction-related noise level threshold from the from the FTA Transit Noise and Vibration Impact Assessment criteria will be used. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq averaged over an 8-hour period (Leq (8-hr)) and the nighttime noise threshold is 70 dBA Leq (8-hr). In compliance with the SAMC, construction would not occur during the noise-sensitive nighttime hours. For the purposes of this analysis, the lowest, most conservative construction noise level threshold of 80 dBA Leq is used as an acceptable threshold for construction noise at the nearby sensitive receptor locations. Since this construction-related noise level threshold represents the energy average of the noise source over     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 79 a given time, they are expressed as Leq noise levels. Therefore, the noise level threshold of 80 dBA Leq over a period of eight hours or more is used to evaluate the potential project-related construction noise level impacts at the nearby sensitive receptor locations. Noise levels from construction equipment and activities were modeled using the Federal Highway Administration’s Roadway Construction Noise Model (RCNM). Related to operational noise from a stationary source for the City of Santa Ana, a project would result in a significant impact if project-related operational noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at nearby sensitive receiver locations (based on the exterior noise level standards in SAMC Section 18.312). The nearest residential uses to the Project Site are located within the City of Costa Mesa. The City of Costa Mesa’s residential exterior noise standards are effectively the same as the exterior noise level standards in SAMC Section 18.312,30 which would be applied when analyzing noise impacts for residential uses. A project would result in a significant impact if project-related operational (stationary-source) noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at the nearest residential uses. Construction and Operational Vibration Standards The FTA Transit Noise and Vibration Impact Assessment Manual provides criteria for acceptable levels of groundborne vibration for various types of buildings, which are shown in Table 4.13-2, Structural Vibration Damage Criteria. As the nearest sensitive receptor structures to Project Site are institutional uses, the architectural damage criterion for continuous vibrations of 0.3 inch-per- second PPV for engineered concrete and masonry is applied for this Project. Table 4.13-2 Structural Vibration Damage Criteria Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second peak particle velocity (PPV).31 Mobile Noise Threshold An off-site traffic noise impact typically occurs when there is a discernable increase in traffic and the resulting noise level exceeds an established noise standard. In community noise considerations, changes in noise levels greater than 3 dB are often identified as discernible, while changes less than 1 dB would not be discernible to local residents. A 5-dB change is generally 30 The residential exterior noise standards in SAMC Section 18.312 are 55 dBA for daytime (7 am – 10 pm) and 50 dBA for nighttime (10 am – 7 pm). The residential exterior noise standards in Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am – 11 pm) and 50 dBA for nighttime (11 am – 7 pm). 31 California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. Building Category Peak Particle Velocity for Continuous Sources (PPV) (inches/second [in/sec]) I. Reinforced concrete, steel, or timber (no plaster) 0.5 II. Engineering concrete and masonry (no plaster) 0.3 III. Nonengineered timber and masonry buildings 0.2 IV. Buildings extremely susceptible to vibration damage 0.12 Source: FTA, Transit Noise and Vibration Impact Assessment Manual, 2018.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 80 recognized as a clearly discernable difference. Thus, the Project would result in a significant noise impact if a permanent increase in ambient traffic noise levels of 3.0 dB occurs upon Project implementation and the resulting noise level at the receiving sensitive receptor exceeds the applicable exterior standard at a noise sensitive use. PROJECT-GENERATED NOISE IMPACTS Short-Term Construction Impacts Construction activities generally are temporary and have a short duration, resulting in periodic increases in the ambient noise environment. The Project involves construction activities associated with demolition, grading, building construction, paving, and architectural coating applications. The Project would be constructed over a duration of approximately 16 months. Ground-borne noise and other types of construction-related noise impacts typically occur during the initial grading phase, which has the potential to create the highest levels of noise. Construction equipment produces maximum noise levels when equipment is operating under full power conditions (i.e., the equipment engine at maximum speed). However, equipment used on construction sites typically operates under less than full power conditions, at partial power. Table 4.13-3, Noise Levels Generated During Construction Phases displays the estimated construction noise levels at the nearest sensitive receptors. To present a conservative impact analysis, the estimated noise levels were calculated for a scenario in which all heavy construction equipment were assumed to operate simultaneously. Results from RCNM also assumes a clear line-of-sight and no other machinery or equipment noise that would mask project-related construction noise. The shielding of buildings and other barriers that interrupt line-of-sight conditions would help further reduce noise levels than what is shown in Table 4.13-3. According to the General Noise Assessment methodology prescribed in the FTA Transit Noise and Vibration Impact Assessment Manual, noise can be considered as concentrated at the center of the site. In addition, construction activities would occur across the entire Project Site and therefore the estimated noise levels were calculated from the center of the Project Site. The geographic center of the Project Site is approximately 625 feet from the closest sensitive receptor (institutional use) to the east and approximately 1,000 feet from the nearest residential uses to the south. Table 4.13-3 Noise Levels Generated During Construction Phases Phase Estimated Exterior Construction Noise Level at 625 feet (Center of Project Site) (dba Leq)1 Estimated Exterior Construction Noise Level at 1,000 feet (Center of Project Site) (dba Leq)1 Demolition 64.5 60.4 Grading 66.3 62.2 Building Construction 64.3 60.3 Paving 59.7 55.6 Architectural Coating 51.8 47.7 Notes: 1. These noise levels conservatively assume the simultaneous operation of all heavy construction equipment at the same precise location. Modeled heavy construction equipment includes concrete saws, excavators, and dozers during demolition phase, grader, dozers, and backhoes during the grading phase, forklifts, generator, crane, welders, and backhoes during the building construction phase, pavers, paving equipment, rollers, and backhoes during the paving phase, and air compressor during the architectural coating phase. Source: Federal Highway Administration, Roadway Construction Noise Model (RCNM), 2006.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 81 As shown in Table 4.13-3 above, the nearest receptors to the Project Site could be exposed to temporary and intermittent construction noise levels ranging from approximately 51.8 to 66.3 dBA Leq at the nearest institutional use to the east and approximately 47.7 to 62.2 dBA Leq at the nearest residential uses to the south. As such, construction noise would not have the potential to exceed the FTA significance of threshold of 80 dBA Leq. In addition, according to SAMC Section 18-314(e), construction activities are exempt from the residential exterior noise control standards upon compliance with the permitted construction hours. As such, construction activities would be required to comply with the construction timings specified in SAMC Section 18-314(e), which restricts construction activities to the daytime hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. Compliance with the SAMC construction hours (RR NOI-2) would minimize impacts from construction noise. In addition, the Project is required to comply with the allowable interior noise levels specified in the California Building Code and the CALGreen noise standards pursuant to the requirements of RR NOI-1 and implement GPU PEIR MM N-1, which enforce measures for construction activities such as requiring the use of best-available noise control techniques, the use of hydraulic or electrical impact tools whenever possible, locating stationary equipment and stockpiling as far as feasible from sensitive receptors, limiting construction traffic to approved haul routes, and the use of temporary construction noise barriers. Therefore, construction impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. Long-term Operational Impacts Mobile Noise Operation of the Project would generate vehicle trips on adjacent roadways, thereby potentially increasing vehicular noise in the vicinity of existing and proposed land uses. The most prominent source of mobile traffic noise in the Project vicinity is along Susan Street, Lake Center Drive, and MacArthur Boulevard. According to the California Department of Transportation, a doubling of traffic (100 percent increase) on a roadway would result in a perceptible increase in traffic noise levels (3 dBA).32 As discussed above the Project would generate approximately 386 net fewer total daily trips compared to the existing conditions.33 As such, as the Project generated traffic volumes would not exceed the traffic volumes of the existing condition, and would not generate additional vehicular noise along adjacent roadways. Project-related traffic noise impacts would be less than significant. On-Site Noise The operations of the proposed Project would be typical of a warehousing facility. Stationary noise sources associated with the Project would include noise generated from mechanical equipment, loading dock activities, and slow-moving trucks. Although the nearest noise sensitive use is the institutional use located approximately 100 feet to the east when measured from the property line, the distances to the nearest sensitive receptors would be greater when measured from the 32 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. 33 Note that the Trip Generation Assessment analyzed a project with three industrial buildings totaling 325,044 square feet. However, the total building square footage for the proposed project has been reduced to 313,244 square feet.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 82 proposed on-site stationary sources. Operational noise levels are analyzed at the surrounding nearest sensitive receptors to the east and south. The Project would install 14 rooftop HVAC units on each warehouse building. Typically, mechanical equipment, such as HVAC units, generate noise levels of 60 dBA (or 84 dBA in sound power level (Lw))34 at 20 feet from the source.35 Typical noise associated with loading dock activities would include noise from lift gate operation, backup alarms, load drops, forklifts/pallet jacks, and personnel. Loading dock activity would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Loading dock activities can typically generate a maximum noise level of approximately 80 dBA in Lw per meter. Another major noise source from a warehousing facility is from slow-moving trucks. According to the proposed truck routes, slow- moving truck activities would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Slow-moving trucks can typically generate a maximum noise level of approximately 62 dBA in Lw per square meter. Table 4.13-4, Operational Noise Levels, shows the combined long-term operational noise levels from all noise sources occurring simultaneously at the surrounding sensitive receptors. Table 4.13-4 Operational Noise Levels Receptor Land Use Estimated Project Generated Operational Noise Level (dba Leq)1 Noise Level Criteria (dba Leq)2 (Daytime/Nighttime) Noise Levels Exceeds Standards? Residential Uses to the East 35.2 55/50 No Residential Uses to the South 38.8 55/50 No Institutional Building to the East 40.7 55/50 No School Playground to the Southeast 39.5 55/50 No Notes: 1. Operational noise levels conservatively assume the simultaneous operation of all operational activities at the same time. 2. Noise level criteria are based on the SAMC Section 18.312. For informational purposes, noise level criteria for residential uses in the Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am – 11 pm) and 50 dBA for nighttime (11 am – 7 pm). Source: SoundPLAN Version 5.1. As shown in Table 4.13-4, the nearest sensitive receptors surrounding the Project Site would experience noise levels ranging from 35.2 to 40.7 dBA Leq from the Project’s operational activities. The Project’s operational noise levels would not exceed noise level standards in the SAMC. Furthermore, the existing ambient noise level at the institutional and residential uses to the east is approximately 72.6 dBA Leq and the existing ambient noise level at the residential use to the south is approximately 68.2 dBA Leq, which are higher than the projected operational noise levels at these sensitive receptors. As such, the Project’s operational noise levels would not be audible above existing ambient noise levels and would not increase the ambient noise levels experienced by these sensitive uses. Therefore, the nearest sensitive receptors would not be directly exposed to substantial noise from on-site operational activities, and impacts would be less than significant. 34 Sound power level is used in SoundPlan modeling. The SoundPlan noise model was utilized to predict the anticipated operational noise levels and impacts associated with a worst-case scenario, where all operational activities are assumed to occur simultaneously. SoundPLAN is a three-dimensional noise model that allows computer simulations of noise situations, and creates noise contour maps using reference noise levels, topography, point and area noise sources, mobile noise sources, and intervening structures. 35 Elliot H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 26, 2015.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 83 Based on the above, the Project’s operational mobile and stationary source impacts would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which concluded that traffic noise impacts during operation would be significant and unavoidable, and no feasible or practical mitigation are available to reduce traffic noise impacts. Summary of Project-Generated Noise Impacts Based on the above, the Project’s construction and operational noise impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project’s construction and operational noise impacts would be significant and unavoidable. Therefore, no new project- specific mitigation measures are required. PROJECT-GENERATED VIBRATION IMPACTS Short-Term Construction Vibration Impacts Project construction activities have the potential to generate ground-borne vibration and result in construction vibration impacts that include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second PPV. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 25 feet from most construction vibration sources. This distance can vary substantially depending on the soil composition and underground geological layer between the vibration source and the receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. The FTA architectural damage criterion for continuous vibrations of 0.3 in/sec PPV for engineered concrete and masonry (refer to Table 4.13-2) is used because the closest structures to the Project Site are institutional use buildings. The nearest sensitive receptor building is located approximately 225 feet to the east of the Project construction activities. As such, vibration impacts are analyzed at 225 feet to evaluate the architectural building damage criterion. Groundborne vibration decreases rapidly with distance. As a result, vibration velocities from the construction equipment would be barely perceptible at this distance. Typical vibration produced by construction equipment is illustrated in Table 4.13-5, Typical Vibration Levels for Construction Equipment. Table 4.13-5 Typical Vibration Levels for Construction Equipment Equipment Approximate peak particle velocity at 25 feet (inch/sec) Approximate peak particle velocity at 225 feet (inch/sec)1 Large bulldozer 0.089 0.0033 Loaded trucks 0.076 0.0028 Small bulldozer 0.003 0.0001 Notes: 1. Calculated using the following formula: PPV equip = PPV ref x (25/D)1.1 where: PPV equip = the peak particle velocity in in/sec of the equipment adjusted for the distance PPV ref = the reference vibration level in in/sec from Table 7-4 of the FTA Transit Noise and Vibration Impact Assessment Guidelines D = the distance from the equipment to the receiver Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, September 2018.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 84 As shown in Table 4.13-5, vibration velocities from typical heavy construction equipment operation would range from 0.003 to 0.089 inch/second PPV at 25 feet from the source of activity. The nearest structure to the Project Site is the existing institutional use building located approximately 225 feet to the east of the Project Site. Table 4.13-5 shows that the vibration level during the operation of construction equipment would be approximately less than 0.0001 inch/second PPV to 0.0033 inch/second PPV at 225 feet. As a result, construction groundborne vibration would not exceed the 0.2 inch per second PPV significance threshold for human annoyance or 0.3 inch/second PPV significance threshold for building damage at the nearest structures. It should be noted that GPU PEIR MM N-2, which applies to projects utilizing pile driving during construction, and GPU PEIR MM N-3, which applies to residential projects located within 200 feet of existing railroad lines, are not applicable to the Project since the Project would not include pile driving and is not a residential project. In addition, the Noise and Vibration Assessment prepared for the Project (Attachment J) satisfies the requirements of GPU PEIR MM N-4, which requires industrial projects subject to CEQA to conduct a noise and vibration analysis. Therefore, vibration impacts would be less than significant impact during construction. Long-Term Operational Vibration Impacts The proposed industrial uses on the Project Site would not generate groundborne vibration that could be felt by the nearest sensitive receptors. However, heavy duty trucks associated with operation of the proposed Project would occasionally travel through the surrounding roadways. According to the FTA, it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.36 As such, it can be reasonably inferred that operation of the proposed Project would not create perceptible vibration impacts to the nearest sensitive receptors. Therefore, vibration impacts related to human annoyance and building damage during operation would be less than significant. Summary of Project-Generated Vibration Impacts Based on the above, the Project’s construction and operational vibration impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project’s construction and operational vibration impacts would be less than significant with mitigation incorporated. Therefore, no new project-specific mitigation measures are required. EXCESSIVE NOISE NEAR AIRPORTS The nearest airport to the Project Site is the John Wayne Airport located approximately 2.9 miles to the southeast. The Project Site is not located within two miles of the airport. Additionally, the Project Site is not located within the vicinity of a private airstrip or related facilities. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels associated with aircraft. As such, the impacts would be less than significant. Based on the above, impacts related to airport noise would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the airport noise impacts would be less than significant. Therefore, no new project-specific mitigation measures are required. 36 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground-borne Vibration and Noise, September 2018.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 85 4.13.3 Conclusion The Project is consistent with buildout of the General Plan Update. Upon implementation of RR NOI-1 through RR NOI-3 and GPU EIR MM N-1 and MM N-4, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to noise and vibration than anticipated by the GPU PEIR. 4.13.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR NOI-1: California Building Code: The California Building Code (CBC), Title 24, Part 2, Volume 1, Chapter 12, Interior Environment, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the day-night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise element of the local general plan. The State of California’s noise insulation standards for non-residential uses are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 11, California Green Building Standards Code (CALGreen). CALGreen noise standards are applied to new or renovation construction projects in California to control interior noise levels resulting from exterior noise sources. Proposed projects may use either the prescriptive method (Section 5.507.4.1) or the performance method (Section 5.507.4.2) to show compliance. Under the prescriptive method, a project must demonstrate transmission loss ratings for the wall and roof-ceiling assemblies and exterior windows when located within a noise environment of 65 dBA CNEL or higher. Under the performance method, a project must demonstrate that interior noise levels do not exceed 50 dBA Leq(1hr). RR NOI-2: Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal Code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR NOI-3: Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. MM N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. · Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 86 · During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. · Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. · Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. · Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors. · Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. · At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. · Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. · During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. · Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. MM N-4: During the project-level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 87 4.14 Population and Housing 4.14.1 GPU PEIR Findings The GPU PEIR concluded that full buildout of the General Plan Update would result in a population of 431,629 and the City’s 2045 population growth would be approximately 20 percent greater than the Orange County Council of Government (COG) 2045 population projections for the City. Furthermore, it is anticipated that General Plan Update buildout would result in 115,053 dwelling units, which exceeds the Orange County COG’s housing projections for the City by 38 percent. The GPU PEIR stated that development based on the General Plan Update’s land use designations would result in a jobs-housing ratio of 1.5, which is lower than the City’s existing ratio (2.0) and the ratio projected by Orange County COG (2.1). A ratio of 1.5 would bring the City closer to a more equal distribution of employment and housing. Thus, the GPU PEIR determined the population growth resulting directly from the proposed GPU would be offset by the increase of employment opportunities provided to the City’s residents and workers commuting into Santa Ana. The GPU PEIR concluded that impacts related to unplanned population growth are considered potentially significant. However, there are no feasible mitigation measures to mitigate the population and housing growth anticipated for the buildout of the General Plan Update. Thus, impacts related to a substantial increase in unplanned population growth were determined to be significant and unavoidable. According to the GPU PEIR, the General Plan Update would change the land use designations of 839.7 acres of existing nonresidential land uses to residential uses. Thus, the General Plan Update would provide for additional residential opportunities in areas that currently do not allow residential uses. As such, the General Plan Update would not displace people and/or housing and no impacts would occur. 4.14.2 Project Analysis The Project proposes to demolish three office buildings to construct three new industrial buildings for office, manufacturing, and/or warehouse use. Once constructed, the three new industrial buildings would total 313,244 square feet and would generate 425 employees based on estimates provided by the Project applicant. It is anticipated that some of the workforce would be filled by individuals who live in the City, as 20 percent of residents who live in Santa Ana also work in the City,37 or nearby, as 65 percent of residents work in Orange County,38 thus not inducing substantial population growth. A portion of the workforce could also be drawn from individuals who relocate closer to the Project Site. However, even assuming that all 425 individuals would relocate to the City or neighboring cities, the potential growth associated with operation of the proposed Project in the opening year of 2026 would only constitute 0.005 percent of employment growth when compared to the SCAG region, which has a projected employment of 9,373,688 for 2026.39 Therefore, the Project would not directly or indirectly result in substantial unplanned population growth. Moreover, as the proposed Project would provide additional jobs in the City, it would improve the jobs-housing ratio determined in the GPU PEIR and help offset residential 37 Southern California Association of Governments (SCAG), Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.gov/sites/main/files/file-attachments/santaana_localprofile.pdf?1606012682, accessed June 5, 2024. 38 SCAG, Local Profiles Report, Profile of Orange County, May 2019, https://scag.ca.gov/sites/main/files/file- attachments/orangecountylp.pdf?1606012194, accessed June 5, 2024 39 According to Table 3.1, Comparing 30 Years of Growth: Past and Future, of Connect SoCal 2024, the SCAG region has a projected employment of 9,855,000 in 2035. The employment growth projection for 2026 is based on a straight line interpolation from 2019 to 2035.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 88 population growth impacts resulting from implementation of the General Plan Update. Thus, the Project impacts related to substantial unplanned population growth would be less than significant. Additionally, the Project Site does not currently contain any residential uses and the proposed Project would not displace existing people or housing. Therefore, consistent with the GPU PEIR, no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to substantial unplanned population growth would be significant and unavoidable and displacement of people and housing would not occur. Therefore, no new project-specific mitigation measures are required. 4.14.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to population and housing than anticipated by the GPU PEIR. 4.14.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply. 4.15 Public Services 4.15.1 GPU PEIR Findings The GPU PEIR concluded that introduction of new structures and additional residents and workers to the City would increase the demand for fire and police protection services. However, funding for additional staff, equipment, and facilities would come from property taxes, grants, special revenue funds, and the City’s general fund as future development accommodated by the General Plan Update occurs. The additional demand for fire and police protection services due to population growth generated within the City would be satisfied through these sources. Additionally, development under the General Plan Update would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. Moreover, as part of the project review process, the Santa Ana Police Department may require project design features to improve security on-site. Additionally, the GPU PEIR determined that some school districts within the City would have the capacity to accommodate future students generated as a result of the proposed General Plan Update. Should there be a need to expand or construct new facilities, funding for new schools would be obtained from the mitigation fee program pursuant to SB 50, and state and federal funding programs. Pursuant to Section 65996 of the Government Code, payment of school fees is deemed to provide full and complete school facilities mitigation (RR SS-1). Further, while library services would also experience an increase in demand, property taxes and library fines and fees are expected to offset this increased demand. Overall, impacts related to public services would be less than significant.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 89 4.15.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. However, the Project would generate 425 employees, which would increase the daytime population on the Project Site and the corresponding demand for fire and police protection services. The proposed Project would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. The proposed Project would include gated driveways and security cameras, which would provide site security and minimize the demand for police services. Additionally, the proposed Project would comply with RR FP-1, which would ensure that the proposed Project would meet the fire regulations outlined in California Health and Safety Code. The Project would also generate property tax which further fund fire and police protection services. Therefore, consistent with the General Plan Update, impacts related to fire and police protection services would be less than significant. As the Project is not a residential project and it is anticipated that workers for the Project would be drawn from the existing City and regional workforce, the proposed Project would not generate school-aged children or a population that would increase demand for library services. As stated in the GPU PEIR, funding for school services would be obtained from the fee program pursuant to SB 50 and state and federal funding programs; funding for library services comes primarily from property taxes and library fines and fees collected from patrons, and state, federal, or government aid. The Project would pay fees pursuant to SB 50 (RR SS-1) and property taxes, which would offset any nominal demand for school or library services create by the Project. Therefore, consistent with the General Plan Update, impacts related to school and library services would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to public services would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.15.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR FP-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off- site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to public services than anticipated by the GPU PEIR. 4.15.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR FP-1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq.). RR SS-1 New residential and commercial development shall pay development fees authorized by Section 65996 of the California Government Code to be “full and complete school facilities mitigation.”     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 90 4.16 Recreation 4.16.1 GPU PEIR Findings The GPU PEIR states that the City has existing park deficiencies and concluded that buildout of the General Plan Update would exacerbate the existing shortage based on the projected population growth and scale of development in park deficient areas. The GPU PEIR determined that buildout of the General Plan would generate the demand for approximately 564 acres of parkland and recreational facilities. Without acquisition of new parkland, population growth related to buildout of the General Plan Update would equate to 1.20 acres per 1,000 residents, which is 0.80 acres below the City’s parkland standard. The deficiency would be reduced by park and recreational amenities developed and maintained by the City in addition to private parks and recreational facilities owned and maintained by homeowner associations. Future development in accordance with the General Plan Update would be required to dedicate land or pay in-lieu impact fees per SAMC Chapter 34, Article VIII, and SAMC Chapter 35, Article IV, as well as the Quimby Act. The collected park development impact fees would fund future park acquisition and development and assist the City in achieving the parkland standard of two acres per 1,000 residents. The lack of existing parks is particularly apparent for the 55 Fwy/Dyer Road focus area. To address potential impacts to existing parks within 0.5-mile of the focus area, GPU PEIR MM REC-1 is included, which would require preparation of a public park utilization study for new residential development within the 55 Fwy/Dyer Road focus area, followed by further mitigation for incremental cumulative impacts. However, impacts would remain significant and avoidable even with mitigation. The City is essentially built-out and very limited vacant land is available to be developed with new recreational opportunities, new or expanded facilities would need to occur outside of park- designated parcels which may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. Although construction and/or expansion of new parks and recreation facilities would be subject to General Plan Update policies and implementation actions, regulatory requirements, and future, project- specific environmental review under CEQA, the GPU PEIR concluded that development of such facilities could result in significant and unavoidable impacts. The GPU PEIR determined that development of such facilities could result in significant and unavoidable impacts. 4.16.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. The Project would generate 425 employees and it is anticipated that these employees would be drawn from the existing City or region workforce. The Project’s employees would not be expected to utilize existing parks or recreational facilities during work hours. Moreover, the proposed Project would provide 2,812 square feet of outdoor patio area for employee use during breaks. As such, the Project would not cause or accelerate substantial physical deterioration of existing parks or other recreational facilities nor include or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to parks and recreational facilities would be significant and unavoidable. Therefore, no new project-specific mitigation measures are required.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 91 4.16.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to recreation than anticipated by the GPU PEIR. 4.16.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply. 4.17 Transportation 4.17.1 GPU PEIR Findings The GPU PEIR determined that buildout of the General Plan Update would not conflict with a program, plan, ordinance, or policy addressing the circulation system with implementation of RR T-1. RR T-1 requires the City to design and operate a balanced multimodal circulation system network with all users in mind including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities. The General Plan Update incorporates future networks and policies related to supporting transit, bicycles, and pedestrians in the City, which are consistent with regional and local planning efforts supporting these modes of travel. The GPU PEIR also determined that implementation of the General Plan Update would result in a reduction of VMT per service population in comparison to existing conditions at the time the GPU PEIR was prepared and would achieve a VMT per service population of at least 15 percent lower than the County VMT per service population. In addition, the GPU PEIR also determined that buildout of the General Plan Update would not substantially increase hazards due to a geometric design feature or result in inadequate emergency access with compliance with the City’s circulation plan and roadway design guidelines, the California Manual of Uniform Traffic Control Devices design guidelines, the policies in the City’s Mobility Element, and with implementation of RR T-2. RR T- 2 requires projects pursuant to the General Plan Update to implement fire protection requirements as detailed in the Orange County Fire Authority’s (OCFA) Fire Prevention Guidelines and the California Fire Code. Overall, impacts related to transportation were determined to be less than significant. 4.17.2 Project Analysis CONSISTENCY WITH APPLICABLE PROGRAM, PLAN, ORDINANCE, OR POLICY The Project does not propose changes to the existing circulation system in the Project area. Pedestrian circulation for the proposed Project would continue to be provided via existing public sidewalks along Lake Center Drive and Susan Street within the vicinity of the Project Site. There are no bike paths, bike lanes, or bus routes along Lake Center Drive and South Susan Street adjacent to the Project Site. Additionally, based on the existing traffic and pedestrian volumes, current intersection geometrics, and review of the accident data, the installation of a traffic signal at the intersection of Alpine Street/Lake Center Drive at MacArthur Boulevard would not be warranted.40,41 Moreover, according to SAMC Chapter 36, Article XIII, Transportation 40 Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine Street/Lake Center Drive at MacArthur Boulevard, January 19, 2024. 41 The Traffic Signal Warrant Analysis was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project’s analysis is conservative.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 92 Management, any developments with more than 250 employees would be required to prepare a Transportation Demand Management (TDM) plan. The proposed Project would result in approximately 425 employees and would be required to prepare a TDM plan to reduce demand on the circulation system by promoting alternative modes of transportation, reducing or limiting the number of vehicle trips, and implementing other strategies to reduce the demand on the circulation system. The TDM plan for the proposed Project would be required to comply with standards and regulations listed within the SAMC. Thus, the proposed Project would not conflict with any program, plan, ordinance, or policy addressing the circulation system and impacts would be less than significant. VMT ASSESSMENT According to the City of Santa Ana Traffic Impact Study Guidelines (City Traffic Guidelines), a project can be presumed to have a less-than-significant VMT impact if the project satisfies one of the following screening criteria: 42 · Projects which serve the local community and have the potential to reduce VMT, such as neighborhood K-12 schools and local-serving retail less than 50,000 sq. ft. (Charter schools are excluded from this criteria). · Projects that generate less than 110 net daily trips. · Projects located within Transit Priority Areas (TPAs); refer to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas. · Projects located in a low-VMT generating Traffic Analysis Zone (TAZ). City Traffic Guidelines Appendix B, VMT/SP in Santa Ana as Compared to Orange County Average, shows VMT per service population in Santa Ana as compared to the County average. Low-VMT TAZs per Santa Ana’s threshold of significance are any TAZs generating VMT 15 percent below the County average. The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment K, Trip Generation Assessment, the trip generation potential for the existing land use totals 1,930 daily trips, with 271 trips (238 inbound, 33 outbound) during the AM peak hour and 256 trips (44 inbound, 212 outbound) during the PM peak hour. The proposed Project would generate approximately 1,544 gross daily trips with 222 gross trips (169 inbound, 53 outbound) during the AM peak hour and 242 gross trips (76 inbound, 166 outbound) during the PM peak hour. Thus, the proposed Project would generate 386 fewer gross daily trips, 49 fewer gross AM peak hour trips and 14 fewer gross PM peak hour trips than existing uses. Therefore, the proposed Project would meet the screening criteria for projects that generate less than 110 net daily trips. Additionally, according to the Attachment L, Vehicle Miles Traveled (VMT) Screening Assessment for the Proposed South Coast Technology Center (VMT Assessment),43 prepared by Linscott, Law & Greenspan, Engineers (LLG) dated February 29, 2024, the Project Site is located within a TPA, which is defined as a 0.5-mile radius around an existing or planned major transit stop (e.g., Metrolink Station, Streetcar Station, etc.) or an existing stop along a high-quality transit corridor. 42 City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. 43 The VMT Assessment was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the VMT assessment is conservative.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 93 Further, the Project is consistent with the land uses in the 2020-2024 RTP/SCS, which assumed the Project Site would be built out with an industrial use. Thus, the Project also meets the screening criteria related to projects located within TPAs. Overall, the Project meets two of the VMT screening requirements and thus, no VMT analysis would be required. Accordingly, the Project’s VMT impact is presumed to be less than significant. HAZARDS AND EMERGENCY ACCESS The Project would not introduce incompatible uses to area roadways. Site access would not change as part of the proposed Project. Similar to existing conditions, the Project Site would be accessible from driveways along Lake Center Drive and South Susan Street. Project driveways and internal roadways would be designed to meet City standards. Additionally, the proposed Project would not require any full road closures during Project construction. Emergency access to the Project Site and within the surrounding area would be maintained during construction and operation of the Project. Furthermore, pursuant to RR T-2, the Project would be required to implement OCFA’s fire protection requirements to ensure that the Project would not adversely affect emergency vehicle access. Therefore, impacts related to hazards and emergency access would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to consistency with a circulation plan, program, ordinance, or policy; VMT; hazards; and emergency access would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.17.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe transportation impacts than anticipated by the GPU PEIR. 4.17.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR T-2 Projects pursuant to the General Plan Update will implement fire protection requirements as detailed in the Orange County Fire Authority’s Fire Prevention Guidelines and in the California Fire Code. 4.18 Tribal Cultural Resources 4.18.1 GPU PEIR Findings As discussed in the GPU PEIR, the City consulted with applicable Native American tribes in accordance with SB 18 and AB 52 and determined that future development allowed under the General Plan Update could potentially impact and cause significant adverse impacts to portions of the City with sensitivity to tribal cultural resources. The GPU PEIR MM CUL-4 through MM CUL-7 were included to reduce such impacts. Specifically, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment for projects with ground disturbance to be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Further, if unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey is required. If potentially significant     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 94 archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation to be performed by an archaeologist meeting the Secretary of the Interior’s Standards to determine the significance of the resource(s), and site-specific mitigation measures to be developed for significant resources. Per GPU PEIR MM CUL-6, if the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area is highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground-disturbing activities in the areas of high archaeological sensitivity. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery must halt while the resources are evaluated for significance by a qualified archaeologist. Pursuant to GPU PEIR MM CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, an archaeologist meeting the Secretary’s Standards must be retained on-call. The archaeologist must inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. According to the GPU PEIR, impacts related to tribal cultural resources would be reduced to less-than-significant levels with implementation of GPU PEIR MM CUL-4 through MM CUL-7. 4.18.2 Project Analysis The following section evaluates potential impacts to tribal cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment M, Tribal Cultural Resources Identification Memorandum (Tribal Cultural Resources Memorandum). Additionally, as discussed above in Section 3, California Environmental Quality Act Regulatory Setting, the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. Therefore, no formal government-to-government consultation pursuant to AB 52 is required for the proposed Project. Based on the Tribal Cultural Resources Memorandum, the Project Site is located in a region traditionally important to multiple Native American groups. In particular, these include the Gabrielino (including the Tongva and Kizh), the Juaneño or Acjachemen, and the Luiseño. In March 2024, a Native American Heritage Commission search of the Sacred Lands File for any Native American cultural resources that might be affected by the Project yielded negative results. Moreover, as discussed in Section 4.5, Cultural Resources, a records search of the Project Site and a half-mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast portion of the Project Site’s vacant parcel; none of the shell observed on-site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a).     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 95 The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. The majority of the excavation for the proposed buildings would require over- excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Tribal Cultural Resources Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface but increases to moderate with depth. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi-storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. However, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing fill and other disturbances. The sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 since the Cultural Memorandum did not identify potentially significant resources but portions of the Project Site with undisturbed soils has been determined to be moderately sensitive for buried resources. With implementation of GPU PEIR MM CUL-7, impacts would be reduced to less-than-significant levels. Additionally, in the event that human remains are uncovered during ground disturbing activities, the Project would be required to comply with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 to ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts would occur compared to the determinations of the GPU PEIR, which concluded that impacts to tribal cultural resources would be less than significant with mitigation incorporated. Therefore, no new project-specific mitigation measures are required. 4.18.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and GPU PEIR MM CUL-7 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project-specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe tribal cultural resources impacts than anticipated by the GPU PEIR.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 96 4.18.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.5, Cultural Resources, for RR CUL-1 and MM CUL-7. 4.19 Utilities and Service Systems 4.19.1 GPU PEIR Findings The GPU PEIR concluded that buildout of the General Plan Update would increase sewer flows and sewer upgrades may be needed to achieve optimal hydraulic capacity. However, the City’s Sewer Master Plan and Capital Improvement Program process would adequately prioritize necessary projects as developments under the General Plan Update occur. Additionally, as described in the GPU EIR any project within the City and under the GPU that goes through the entitlement process would be required to perform a sewer monitoring study with submittal and review of the study by City staff. If the sewer system is found to be deficient, the developer would be required to upsize the portion of the sewer pipe within the frontage of their property in accordance with City standards and could pay for the upsize through agreements with the Orange County Sanitary District (OCSD). The GPU PEIR also concluded that OCSD wastewater treatment plants would have the capacity to accommodate the increased flows generated by the buildout of the General Plan Update. Additionally, the GPU PEIR states that that any sewer utility infrastructure improvement would be designed, constructed, and operated in accordance with the City’s Design Guidelines for Water and Sewer Facilities, and development would be required to abide by the requirements of OCSD’s ordinances and wastewater discharge requirements of the NPDES permit. Overall, with compliance with General Plan Update policies related to wastewater and implementation of RR U-1 through RR U-3, impacts related to wastewater infrastructure and wastewater treatment facilities were determined to be less than significant. The GPU PEIR concluded that buildout of the General Plan Update would increase water demand, but the City would have adequate capacity for the proposed increases in water demand across the City and adequate supplies from the City, Orange County Water District, and Metropolitan Water District of Southern California to meet the increased demand. Furthermore, policies in the General Plan Update encourage business and industry to improve their performance in water conservation, promote the implementation of cost-effective conservation strategies and programs that increase water-use efficiency, and encourage and educate residents, business owners, and operators of public facilities to use water wisely and efficiently. Policies also promote the maintenance and upgrade of water infrastructure through impact fees from new development and use of drought-tolerant landscape. Overall, with compliance with General Plan Update policies related to water and implementation of RR U-5 through RR U-7, impacts related to water infrastructure and supply were determined to be less than significant. The GPU PEIR concluded that, while the City is largely developed, buildout of the General Plan Update would result in vacant lots being developed into higher-intensity uses that could increase peak-flow runoff. However, the City has policies in place for reviewing and permitting new developments, which includes review of potential increases in runoff. Policies in the General Plan Update also encourage site drainage features that reduce impermeable surface area, increase surface water infiltration, and minimize surface water runoff during storm events on private and public developments. Overall, with compliance with General Plan Update policies related to drainage and stormwater and implementation of RR U-8.1, RR HYD-1, and RR HYD-4, impacts related to stormwater drainage were determined to be less than significant.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 97 The GPU PEIR concluded that waste generated by buildout of the General Plan Update could be accommodated by existing facilities. Additionally, all development pursuant to the General Plan Update would comply with the CALGreen Code, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse. Policies in the General Plan Update also encourage land uses and strategies that reduce waste generation and support infill development projects that provide adequate and creative solutions for waste and recycling collection activities. Overall, with compliance with General Plan Update policies related to solid waste and implementation of RR U-7 and RR U-8.2, impacts related to solid waste were determined to be less than significant. As stated in the GPU PEIR, the forecasted increase in electricity and natural gas demand for the plan area is well within the forecasted demand in Southern California Edison’s and Southern California Gas Company’s service area, respectively. Furthermore, development pursuant to the General Plan Update would be required to comply with energy efficiency standards, appliance efficiency regulations, CALGreen, and policies of the General Plan Update for energy-efficient building design and maintenance practices. Therefore, the GPU EIR concluded that impacts related to other utilities, including electric power, natural gas, and telecommunications facilities would be less than significant. 4.19.2 Project Analysis The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment N, Water Supply & Sewer Demand Assessment, prepared by Incledon Consulting Group, dated January 10, 2024, the proposed fixture units (i.e., drinking fountains, toilets, sinks) associated with the three new industrial buildings would result in a nearly 40 percent reduction in demand for water due to the change in building usage from office to industrial use. Thus, there would also be large reduction in wastewater. The proposed Project would connect to existing wastewater distribution and treatment infrastructure, which would have the capacity to serve the Project’s reduced demand in addition to existing service commitments and would not require the expansion of existing facilities. Compliance with RR U-2 would ensure that OCSD connection fees are paid in accordance with Ordinance No. OCSD-40. Thus, Project impacts related to wastewater infrastructure and treatment would be less than significant and less than the impacts disclosed in the GPU PEIR. As stated above, the proposed Project would result in a nearly 40 percent reduction in water use due to the change in building usage from office to industrial use. The proposed Project would also require water for landscaping; however, water use for landscaping would be minimal as the proposed Project would use drought-tolerant landscape. Additionally, the proposed Project would comply with RR U-5, which requires the Project to be designed pursuant to the water conservation and efficiency requirements of the SAMC, and RR U-6, which requires payment of water connection fees. Since the Project Site’s water demand would be significantly reduced compared to existing conditions, the City’s existing water infrastructure and supplies would be sufficient to serve the Project. As such, the Project impacts related to water infrastructure and supply would be less than significant and less than the impacts discussed in the GPU PEIR. As discussed in Section 4.10, Hydrology and Water Quality, the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), and thus, would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County’s NPDES Stormwater Program (RR HYD-4) and to be consistent with the Orange County Drainage Area     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 98 Management Plan. The WQMP describes site design and drainage. Moreover, according to Attachment I, Preliminary Drainage and Hydrological Study, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions. The Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project’s storm water to the existing/public systems during a 10-year storm, utilizing a new on-site storm drain system that would collect surface water from the on-site BMP catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street’s infrastructure and an on-site storm drain system. Therefore, consistent with the General Plan Update, impacts related to stormwater drainage would be less than significant. Regarding solid waste, the proposed Project would include the demolition of existing buildings and pavement on-site, which would generate 8,400 tons of crushed concrete and 2,100 tons of crushed a/c paving during construction. The proposed Project would minimize construction waste by complying with the CALGreen Code, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills (RR U-7). During operation, the proposed Project would also generate waste typical of industrial and warehouse uses. Any recyclable or green waste would be diverted from landfills, in compliance with RR U-8 and AB 341. As discussed in the GPU PEIR, existing landfills have adequate capacity to serve the City, including the proposed Project. Therefore, consistent with the General Plan Update, impacts related to solid waste would be less than significant. The proposed Project would require electricity for construction and operation of the Project. The proposed Project would not use natural gas during operation and natural gas is generally not required to power construction equipment. As summarized under Section 4.6, Energy, the Project would not result in substantial energy consumption. The proposed Project would also comply with existing regulatory requirements, including the 2022 Title 24 Building Energy Efficiency Standards. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Specifically, the Project would install energy efficient appliances (RR U-11), and high efficiency lighting that would exceed the 2022 Title 24 standards by 10 percent (RR U-10). Additionally, the Project would be required to pay connection and ongoing user fees to SCE and SoCalGas to offset Project impacts on existing dry utility services and resources. Thus, impacts with regards to other utilities would be less than significant. Therefore, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to water supply, wastewater treatment, storm water drainage, solid waste, and other utilities would be less than significant. Therefore, no new project-specific mitigation measures are required. 4.19.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR U-2, RR U-5, RR U-6, RR U-7, RR U-8.1, U-8.2, RR U-10, RR U-11, RR E-1 through RR E-5, RR E-7, RR HYD- 1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts the GPU PEIR failed to analyze, and there are no new significant or substantially more severe impacts to utilities and service systems than anticipated by the GPU PEIR.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 99 4.19.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.6, Energy, for RR E-1 through RR E-5 and RR E-7, and Section 4.10, Hydrology and Water Quality, for RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5. RR U-2 Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-5 Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6 Water connection fees shall be paid in accordance with Chapter 39, Article II of the City’s Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. RR U-7 All development pursuant to the General Plan Update shall comply with Section 4.408 of the 2019 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills. RR U-8.144 Storm drain shall be installed in compliance with Chapter 8, Article III, of the Santa Ana Municipal Code. RR U-8.234 All development pursuant to the General Plan Update shall store and collect recyclable materials in compliance with Assembly Bill 341. Green waste will be handled in accordance with Assembly Bill 1826. RR U-10 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). RR U-11 All new appliances would comply with the 2012 Appliance Efficiency Regulations (Title 20, California Code of Regulations, Sections 1601 through 1608) 4.20 Wildfire 4.20.1 GPU PEIR Findings As stated in the GPU PEIR, the City does not contain any very high fire hazard severity zones (VHFHSZ). The CEQA Guidelines require analysis of wildfire risk in state responsibility areas (SRAs) and/or lands classified as VHFHSZs. According to the GPU PEIR, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about four miles east along the western edge of Loma Ridge. The nearest FHSZ in a local responsibility area (LRA) is about 3.8 miles at the southern tip of the Peters Canyon Regional Park. Thus, buildout of the General Plan Update would not substantially impair an adopted emergency response plan or emergency evacuation plan, exacerbate wildfire risks thereby creating elevated particulate 44 Please note that there was an error in the numbering of RRs in the GPU EIR and two RR U-8 requirements are listed. In order to avoid confusion for the purposes of this document, we have renumbered them as RR U-8.1 and RR U-8.2.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 100 concentration exposure to people, or expose people or structures to significant risks. While buildout of the General Plan Update would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant, which could exacerbate fire risk, no impact would occur related to VHFHSZs. 4.20.2 Project Analysis As stated in the GPU PEIR, the City does not contain any VHFHSZ and is not in or adjacent to an SRA. Therefore, the Project Site is not in or near SRAs or lands classified as VHFHSZs. As such, consistent with the GPU PEIR, no impact related to wildfire would occur as a result of the proposed Project. 4.20.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to wildfire than anticipated by the GPU PEIR. 4.20.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply. 5. Findings As discussed in Section 3.0, the proposed Project qualifies for a CEQA exemption under CEQA Guidelines Section 15183. The General Plan Update and GPU PEIR were adopted and certified by the Santa Ana City Council in 2022. The Project Site is located within the southwestern portion of the City on three parcels on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street. The Project Site is designated Industrial (IND), which provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. The Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The proposed Project would demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The Project qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183 based on the following findings:     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 101 (1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Based on General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND). According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor-area-ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU- 3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. The proposed Project would demolish the Lake Center Office Park and construct three new buildings totaling 313,244 square feet. The Project Site is approximately 15.8-acres. Thus, the Project would result in a 0.46 FAR. Additionally, the maximum height of the proposed buildings would be 48 feet and 4 inches. Although the Project proposes to amend SD-58 to allow for industrial uses, the Project would not change the FAR or maximum height allowed in SD-58. Thus, the proposed Project would be consistent with the development density established by the General Plan Update for SD-58. Additionally, the Project would be consistent with applicable General Plan Update Land Use Element policies as detailed in Table 4.11-1. Overall, the Project would be consistent with Criterion (1). (2) There are no project specific effects which are peculiar to the project or its site. The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north- south South Susan Street. The Project Site is designated Industrial (IND) and zoned SD-58. Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses, and are designated Industrial (IND) and Professional & Administrative Office (PAO). The proposed Project would be consistent with the land use designation of the Project Site. Additionally, operation of the proposed Project as industrial buildings for office, manufacturing, and/or warehouse use would be consistent with the surrounding uses of the Project Site. As evaluated in Section 4.0, there are no Project specific effects which are peculiar to the Project or its site. Therefore, the proposed Project is consistent with Criterion (2). (3) There are no project specific impacts that were not analyzed as significant effects in the prior EIR. The GPU PEIR concluded that buildout of the General Plan Update would result in a total of 115,053 residential units and 72,967,816 square feet of non-residential development by 2045. The proposed Project, which is consistent with the General Plan Update, involves the demolition of the Lake Center Office Park and construction of three new buildings. The proposed Project would result in an increase of 135,218 square feet of non-residential uses. The Project would be consistent with the development density requirement for the IND designation and thus, was considered in the planned development of the General Plan Update and would have similar or lesser significant impacts than analyzed in the GPU PEIR. As evaluated in Section 4.0, there are no Project specific impacts which the GPU PEIR did not analyze as significant effects. Therefore, the proposed Project is consistent with Criterion (3).     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 102 (4) There are no potentially significant off-site and/or cumulative impacts that were not discussed in the prior EIR. As stated, buildout of the proposed Project is consistent with the General Plan Update and, thus, was considered in the GPU PEIR analysis. No off-site improvements are proposed in the Project area and the size and nature of the Project would not result in cumulatively considerable environmental impacts. As evaluated in Section 4.0, there are no potentially significant off-site and/or cumulative impacts from the Project which the GPU PEIR did not discuss. Therefore, the Project is consistent with Criterion (4). (5) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. As evaluated in Section 4.0, the proposed Project would result in similar and/or lesser impacts than the GPU PEIR. There is no substantial new information which results in more severe impacts than anticipated by the GPU PEIR. Therefore, the Project is consistent with Criterion (5). As shown, the proposed Project is consistent with the criteria in CEQA Guidelines Section 15183. As such, the proposed Project qualifies for the CEQA exemption.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 103 REFERENCES Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. California Air Resources Board, 2022 Scoping Plan, November 16, 2022. California Department of Conservation, California Important Farmland Finder, https://maps. conservation.ca.gov/DLRP/CIFF/, accessed February 27, 2024. California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2024. California State Water Resources Control Board, GeoTracker, https://geotracker.waterboards.ca. gov/map/, accessed April 25, 2024. California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca. gov/public/, accessed April 25, 2024. California Department of Transportation, California State Scenic Highway System Map, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa, accessed April 25, 2024. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. City of Santa Ana, City of Santa Ana Climate Action Plan, December 2015. City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU- 1, Land Use Map, April 2022. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Mobility Element, accessed on April 2022. City of Santa Ana, Santa Ana Municipal Code, codified through Ordinance No. NS-3049, adopted July 18, 2023. Environmental Health Perspectives, Vehicle Motion Alarms: Necessity, Noise Pollution, or Both? https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3018517/, accessed March 20, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 104 Federal Highway Administration, Roadway Construction Noise Model User’s Guide Appendix A, January 2006. Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground-borne Vibration and Noise, September 2018. Geosyntec Consultants, Draft Phase I Environmental Site Assessment for 3100, 3110, and 3120 Lake Center Drive, Santa Ana 92704, April 2024. Geosyntec Consultants, Phase I Environmental Site Assessment for Undeveloped Parcel, West Lake Center Drive, Santa Ana 92704, April 2024. Incledon Consulting Group, DP 2023-37 (3100 W Lake Center Dr. – South Coast Technology Center) Water Supply & Sewer Demand Assessment, January 10, 2024. Incledon Consulting Group, Preliminary Water Quality Management Plan (WQMP) – South Coast Technology Center Development, June 6, 2024. Incledon Consulting Group, South Coast Technology Center Development Preliminary Drainage and Hydrological Study, June 2024. International Code Council, 2022 California Building Code, Title 24, Part 2, https://codes.iccsafe.org/content/CABC2022P1/chapter-18-soils-and-foundations, accessed July 26, 2023. Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine Street/Lake Center Drive at MacArthur Boulevard, January 19, 2024. Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024. Linscott, Law & Greenspan, Engineers, Vehicle Miles Traveled (VMT) Screening Assessment for the Proposed South Coast Technology Center - Santa Ana, CA, February 29, 2024. Michael Baker International, Air Quality Technical Memorandum – South Coast Technology Center Project, June 14, 2024. Michael Baker International, Cultural and Paleontological Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. Michael Baker International, Energy Assessment Memorandum – South Coast Technology Center Project, June 13, 2024. Michael Baker International, Greenhouse Gas Technical Memorandum – South Coast Technology Center Project, June 14, 2024. Michael Baker International, Health Risk Assessment Technical Memorandum – South Coast Technology Center Project, June 19, 2024. Michael Baker International, Noise and Vibration Assessment Memorandum – South Coast Technology Center Project, June 14, 2024.     South Coast Technology Center Project CEQA Exemption 15183 July 2024 Page 105 Michael Baker International, Tribal Cultural Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. NMG Geotechnical, Inc., Geotechnical Design Report for Lake Center Office Park Redevelopment, South Coast Technology Center, 3100 Lake Center Drive, City of Santa Ana, California, April 18, 2024. NMG Geotechnical, Inc., Geotechnical Review of Shallow Groundwater and Potential Dewatering during Grading and Construction, Lake Center Office Park Redevelopment Project, City of Santa Ana, California, June 12, 2024. San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015. South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. South Coast Air Quality Management District, Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008 South Coast Air Quality Management District, Rule 1113 Architectural Coatings, http://www.aqmd .gov/docs/default-source/rule-book/reg-xi/r1113.pdf, accessed June 15, 2023. Southern California Association of Governments, 2020-2045 Regional Transportation Plan/ Sustainable Communities Strategy – Connect SoCal, September 3, 2020. Southern California Association of Governments, Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.gov/sites/main/files/file-attachments/santaana_local profile.pdf?1606012682, accessed June 5, 2024. Southern California Association of Governments, Local Profiles Report, Profile of Orange County, May 2019, https://scag.ca.gov/sites/main/files/file-attachments/orangecountylp.pdf?1606 012194, accessed June 5, 2024U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk-reduction measures, https://www.spl.usace.army.mil/Media/News-Releases/Article/1849301/corps- reclassifies-prado-dam-implements-risk-reduction-measures/, May 15, 2019. U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265 ad4fe09893cf75b8dbfb77, accessed April 25, 2024. U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary .wim.usgs.gov/wetlands/apps/wetlands-mapper/, accessed April 25, 2024.     This page is intentionally left blank.     EXHIBIT 6 The South Coast Technology Center California Environmental Quality Act (CEQA) Exemption 15183 Environmental Documentation Technical Appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or https://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center-drive/     Irvine | San Jose | San Francisco | Riverside Dallas | Houston | Raleigh | Tampa www.FinanceDTA.com Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds FISCAL IMPACT ANALYSIS REPORT EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024     www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. FISCAL IMPACT ANALYSIS REPORT PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman     TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY ................................................... 1  A Purpose of the Study .......................................................... 1  B Fiscal Impacts on the City Evaluated in This Study .................................... Error! Bookmark not defined.  C Description of the Project ................................................. 1  D Conclusions of the Fiscal Impact Analysis (“FIA”) ..................................................................................... 3  II INTRODUCTION .............................................................. 4  A Scope and Methodology – Recurring Fiscal Impacts .................................................................................. 4  B Major Assumptions and Analysis Used in This Report ........................................................................... 5  C Limitations – Accuracy of Information ......................... 6  III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS ........................................................... 8  A Analysis of Recurring Revenues, Case Study Method .................................................................................. 8  B Analysis of Recurring Revenues, Multiplier Method ................................................................................ 12  C Analysis of Recurring Costs, Case Study Method ................................................................................ 15  D Analysis of Recurring Costs, Multiplier Method ................................................................................ 15  IV FISCAL IMPACTS ........................................................... 18  A Total Recurring Revenues ............................................... 18  B Total Recurring Costs ...................................................... 19  C Overall Net Fiscal Impact ................................................ 20  APPENDICES APPENDIX A FIA      1 SECTION I EXECUTIVE SUMMARY EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com I EXECUTIVE SUMMARY A Purpose of the Study The objective of this Fiscal Impact Analysis (“FIA”) Report (the “Report”) is to analyze the incremental net fiscal impact of the proposed South Coast Technology Center project (the “Project”) on the City of Santa Ana (the “City”) General Fund. To provide the City with a comprehensive evaluation of the Project’s potential, this DTA Report will evaluate whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City’s General Fund. B Incremental Fiscal Impacts on the City’s General Fund The fiscal impacts identified in this Report include annual recurring municipal revenues and costs that result from the Project’s proposed land use scenario. To provide an accurate fiscal picture of the Project, the Report will focus exclusively on annual recurring revenues and costs. Recurring revenues to the City General Fund identified in this Report are generated from a variety of sources, including property taxes, sales taxes, in-lieu vehicle license fees, utility user taxes, licenses and permits, franchise fees, fines, and other revenue sources. Although these revenues vary from year to year, they recur on a regular basis and are part of the City’s annual budgeting plans. The recurring costs to the City General Fund are equally important in this analysis. Recurring costs are associated with a variety of City services, including public safety, public works maintenance, and general government administrative services. Similar to annual revenues, these are costs that the City must anticipate and plan to fund on a yearly basis. Revenues that are considered non-recurring to the City General Fund, such as various permitting fees, are excluded from this analysis. These types of revenues have been excluded as new development is generally required to pay specific user fees, such as grading and building prior to the construction of the project. As these are considered one-time revenues, there is no expectation that new development will need to pay these fees on a recurring basis. In addition, costs imposed as a result of the proposed Project that are considered to be non-recurring, such as impact fees, are also excluded from the FIA calculations because they are expended on a one-time basis to fund new development’s fair share of capital improvement costs. C Description of the Project The Project site, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the site on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the site on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 (“SD- 58”) zoning district, with the permissible land uses comprised of commercial/retail uses and professional and business offices.     2 SECTION I EXECUTIVE SUMMARY EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com Figure 1: Aerial Map for the Project Site The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site,and to amend the permissible uses of SD-58 for the Project site to include limited light industrial uses (“LLIUs”), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet (“BSF”) of LLIU space. Figure 2: Proposed Project Site Plan     3 SECTION I EXECUTIVE SUMMARY EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com Table 1: Proposed Land Uses for the Project Land Uses Building Square Feet Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 313,244 D Conclusions of the Fiscal Impact Analysis (“FIA”) The body of this Report will present the results of the incremental FIA, including narratives and tables detailing the fiscal impacts of the Project on specific General Fund revenue and expenditure categories. As presented in Table 2 and illustrated in Figure 3, below, the Project site is anticipated to generate a sizable annual recurring incremental fiscal surplus at build-out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Overall, the annual revenues generated are projected to equal 2.27 times the associated City General Fund costs. In a fiscal impact analysis, a revenue/cost ratio >1 is expected to generate a positive net fiscal impact. A summary of the overall incremental fiscal impacts of the Project to the City General Fund is provided in Appendix A. Table 2: Net Fiscal Impact (the City’s General Fund) Category Impact/Ratio Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring Surplus/(Deficit) $257,736 Total Annual Revenue/Cost Ratio 2.27 Figure 3: Net Fiscal Impact (the City’s General Fund)     4 SECTION II INTRODUCTION EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com II INTRODUCTION DTA has been retained by EPD Solutions, Inc. to analyze the fiscal impacts of the development of the proposed South Coast Technology Center project (the “Project”) on the City of Santa Ana (the “City”) General Fund. The Project site is generally comprised of two sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 (“SD-58”) zoning district, with the permissible land uses of professional and business offices and commercial/retail uses. The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses (“LLIUs”), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. To provide the City with a comprehensive evaluation of the Project’s potential, DTA will determine whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City’s General Fund. A Scope and Methodology – Recurring Fiscal Impacts Fiscal impacts arising from a land development plan can be broadly categorized as one of two types, specifically one-time impacts or recurring impacts. Each of these types may, in turn, be divided into a revenue component and cost component. In this Report, it is assumed that one-time revenues would directly offset one-time costs. This is consistent with Section 66000 et. seq. of the California Government Code, which authorizes a municipality to require the payment of development impact fees equal in value to the cost of the public infrastructure necessary to support a development project. Thus, the fiscal impacts considered in this Report focus on ongoing, or recurring, fiscal impacts of the Project on the City General Fund. Revenues that are generated outside of the City General Fund (e.g., special district revenues) or costs that are incurred by the City outside of the General Fund (e.g., costs financed through a special district) are not included within this fiscal analysis. The FIA presented in this Report utilizes two methods of analysis, specifically the Per Capita/Multiplier Approach and Case Study Approach. The primary Multiplier Methodology used is the Per Capita (“Persons Served”) Methodology, which recognizes the fact that the exact relationship of service demands and revenue-generating potential between residents and employees is difficult to quantify. In order to address this challenge, several assumptions are employed.     5 SECTION II INTRODUCTION EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com First, based on more than 30 years of preparing fiscal impact studies and performing peer reviews of similar studies prepared by other consulting firms, DTA has determined that utilizing a Persons Served population comprised of all residents and 50% of the employees working at locations within a given service area is common fiscal practice in generally quantifying the impacts of new development if more specific local data or facilities usage data is not readily available. This ratio suggests that a resident generally has twice the fiscal impact of an employee on the use of a typical public improvement and can be applied to a City’s General Fund budget to calculate average revenues and costs per Person Served on a Citywide basis using a Multiplier Approach. While a fiscal impact analysis focused on marginal revenues and costs associated with a specific new development project (with greater emphasis on a Case Study Approach) is often applied to larger projects, the consulting budgets required to evaluate individual metrics related to each type of municipal revenue and service, including interviews with individual municipal departments, can be prohibitive for smaller projects. As a result, while DTA did utilize a Case Study Approach for General Fund revenues and costs that were easy to quantify (e.g., property taxes, sales taxes, and utility user taxes), many of the metrics employed in this Report are based on average revenues/costs per Person Served utilizing the Fiscal Year (“FY”) 2023-2024 City budget as could be applied to the Project. DTA also used solely a Per Employee Methodology in this Report to project recurring fiscal factors that relate to employment only, such as business license revenues. Similar to the Persons Served Methodology discussed above, the Per Employee Methodology involves dividing the applicable revenues/costs by the total number of employees in the City utilizing the FY 2023-24 City budget, and applying these factors to the specific number of employees forecast to be working within the Project under the given scenario. For the purposes of the Report, all recurring revenues and costs are stated in constant (uninflated) 2024 dollars based on the assumption that the relative impacts of inflation in future years will be the same for both fiscal impact categories. B Major Assumptions and Analysis Used in This Report B.1 Discounting Revenues and Expenses Certain revenues and expenditures presented in this Report are not expected to increase on a one-to-one basis with the addition of new development. To project these numbers without any adjustment would result in inaccurate conclusions. To accurately account for this factor, DTA applied a series of discount rates to specific budget components. Based on an examination of the numbers presented in the City’s annual General Fund budget, 15% and 90% discount rates were applied to several revenue categories as documented in Appendix A-1. As discussed in the previous section of this Report, revenues that are considered non- recurring to the City General Fund, such as revenues generated by building/planning/engineering fees, are excluded from this analysis. Furthermore, DTA applied a 100% discount rate to financing source categories that are deemed     6 SECTION II INTRODUCTION EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com static, in terms of their not being anticipated to increase significantly as a result of the construction of the Project. This includes intergovernmental and commercial cannabis tax revenues, revenues generated by property rentals, jail leases, and advertisements, and cost recoveries and reimbursements This same discounting technique was applied to the General Fund expenditures to accurately reflect the estimated ratio of fixed costs to variable costs. Notably, DTA has assumed that no discount factors would be applied to police, public works, and fire protection expenditures. As documented in Appendix A-1, a 15% discount rate is applied to remaining services expenditures. The marginal increase in the general government overhead costs associated with the additional non-general government expenditures incurred by new development is assumed to be 75%, which means a 25% discount was applied to these overhead costs. B.2 Employee Generation DTA estimated the number of direct employees at the Project’s build-out based upon the 737 Square Feet per Employee (“SF/E”) provided by the Project proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. As summarized in the attachment for Appendix A-3, the Project is anticipated to generate 425 direct on-site employees at its build-out. B.3 Valuation per BSF This report provides an estimated valuation per BSF calculation. Accuracy in these calculations is important because these totals are used to determine expected property revenues. The estimated valuation of $389.79 per BSF is derived based on the projected land value and construction costs of $122.1 million and 313,244 BSF as provided by Project proponent. C Limitations – Accuracy of Information The fiscal model in the Report contains an analysis of revenues, costs, and impacts to the City resulting from the Project. This model is based on information provided to DTA by Project proponent, the City’s FY 2023-24 budget, the County’s FY 2023-24 Assessor’s Roll, Housing and Population Information from the California Department of Finance, a 2023 City of Santa Ana Employment Profiles analysis using North American Industry Classification System codes as prepared by Environics Analytics, a U.S. Energy Information Administration Energy Consumption Survey, Internet research performed by DTA regarding various industries, and additional assumptions derived from DTA’s municipal cost database, as compiled by DTA from previous fiscal impact studies prepared by the firm. The sources of information and basis of the estimates calculated in the Report are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of fiscal impacts contained in this Report is     7 SECTION II INTRODUCTION EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com not considered to be a “financial forecast” or a “financial projection” as technically defined by the American Institute of Certified Public Accountants. The word “projection” used within this Report relates to broad expectations of future events or market conditions. Since the analysis contained herein is based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will definitely be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Report.     8 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS A Analysis of Recurring Revenues, Case Study Method A.1 Property Taxes – Secured and Unsecured Property tax revenues are specifically based on the City’s estimated share of the general 1% ad valorem property tax levy. Per the County Auditor’s Office, the City’s General Fund receives approximately 19.30% of the FY 2023-24 basic 1% [Proposition (“Prop”) 13] property tax from the Tax Rate Areas (“TRAs”) encompassing the Project. The remaining 80.70% are distributed to a variety of taxing entities as summarized in Table 3 below, with 67.35% of the total estimated $1.22 million in annual property taxes earmarked for educational purposes. The basic 1% property tax collected is considered a significant source of municipal revenues. The net apportionment factors for each taxing entity represent the fraction of the FY 2023-24 basic 1% ad valorem property tax that it will receive from the Project TRAs after deducting the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts. Table 3: 1% Ad Valorem Property Tax Distribution Among Taxing Entities Taxing Purpose/Taxing Entity Net Apportionment Factor Estimated Property Tax County 0.10522489379 $128,480 General Fund 0.06706762904 $81,890 Flood Control District 0.02152166856 $26,278 Parks CSA 26 0.01663559619 $20,312 City 0.19296953238 $235,616 General Fund 0.19296953238 $235,616 Education 0.67354729727 $822,402 ERAF Fund 0.19081315008 $232,983 Santa Ana Unified School District 0.37790501072 $461,422 Rancho Santiago Community College District 0.08310048144 $101,466 Orange County Department of Education 0.02172865503 $26,531 Special District 0.02825827656 $34,504 Orange County Cemetery District 0.00054103515 $661 Orange County Vector Control District 0.00121524893 $1,484 Orange County Water District 0.00781725639 $9,545 Orange County Transit Authority 0.00305422873 $3,729 Orange County Sanitation District #7 0.01563050736 $19,085 Grand Total 1.00000000000 $1,221,002 Note: All numbers are subject to rounding.     9 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com Major property tax assumptions are summarized in Table 4 below. Table 4: Property Tax Assumptions Description Assumptions Land Use and Estimated Taxable Valuation Industrial Building One 112,230 BSF @ $389.79/BSF Industrial Building Two 121,645 BSF @ $389.79/BSF Industrial Building Three 79,369 BSF @ $389.79/BSF Total Land Use Net Taxable Value $122,100,000 Secured Property Tax – Net Apportionment Factor to the City as a Fraction of 1.0% Property Tax Rate (Net of ERAF) City’s General Fund 19.296953238% Unsecured Property Tax – Unsecured Taxes as a % of Secured Property Value Non-Residential Property 10.00% Property Tax Transfer Non-Residential Property Turnover Rate 0.00% Transfer Tax as a % of Assessed Value 0.11% Property Transfer Tax Passed Through to the City 50.00% Property Taxes in Lieu of Vehicle License Fees (“VLFs”) City – Total Assessed Value (FY 2023-24) $34,504,366,076 City – VLF Property Tax Revenues (FY 2023-24) $42,044,300 VLF Property Tax In-Lieu per $1,000 Assessed Value $1.22 Unsecured property taxes collected in the City are levied on tangible personal property that is not secured by real estate. Specific examples of unsecured property include trade fixtures such as manufacturing equipment, computers, dock equipment, conveyors, forklifts, and racks and shelves. A.2 Property Taxes in Lieu of VLFs The passage of Prop 1A in California in 2004 enacted a constitutional amendment that introduced a new methodology to calculate Property Taxes in Lieu of VLFs. Per California Revenue and Taxation Code §97.70, the amount of Property Taxes in Lieu of VLFs now grows in proportion to the growth rate of gross assessed valuation in a city or county. Property Taxes in Lieu of VLF revenues are projected to grow with the change in the Citywide gross assessed valuation of taxable property from the prior FY. Property Taxes in Lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes of this Report at $1.22 per $1,000 increase in assessed valuation on a Citywide basis. Table 4 presents details     10 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com regarding the property tax assumptions utilized in the FIA. Property tax revenue generated in this category is presented later in the report in Table 10. A.3 Sales Taxes Direct sales tax revenues are generated by taxable sales from businesses within the City. The current sales tax rate in the City is 9.25%, with sales tax collected by the State and distributed to the City. The City currently receives approximately 2.54% of taxable sales receipts, which include a 1.00% sales tax established by Municipal Code §35.51 and Measure X sales tax, a 1.50% voter-approved sales tax to provide funding for neighborhood safety, homeless prevention, and essential City services enhancement. In addition, the City currently receives approximately 8.87% of the Proposition 172 sales tax receipts generated within the City (a 0.50% voter-approved sales tax dedicated to local public safety), which is equivalent to 0.04% sales tax rate. Measure X rate will decrease to 1% in 2029 and sunset in 2039. In generating the fiscal impact models for this Report, DTA has conservatively assumed that Measure X sales tax at the Project’s build-out will only be 1%. In aggregate, 2.04% of taxable sales receipts are passed through to the City for purposes of this FIA. As reflected in Table 5, the proposed on-site non-residential land use types are conservatively assumed not to generate any taxable sales. Table 5: Sales Tax Assumptions Description Assumptions Percentage of Sales Tax Passed Through to the City 2.04% Local Employee Spending (Spending in Fast Food/Deli/Lunch Eateries) $951 Non-Project Capture Rate of Retail Spending (Within the City) 25% Taxable Sales per BSF Industrial Building One $0.00 Industrial Building Two $0.00 Industrial Building Three $0.00 Indirect sales tax revenues, as summarized in the table above, are generated by the purchases made by the Project’s employees within the City. With respect to on-site employee retail spendings, DTA conservatively limited the scope to meal purchases occurring in quick-service restaurants. Based on studies outlined in the International Council of Shopping Projects’ Office-Worker Retail Spending in a Digital Age, DTA estimates that an employee within the Project will spend an average of $951 annually in the Fast Food/Deli/Lunch Eateries category near their place of work. Assuming the off-site businesses in the City would capture on average 25% of the Project employees’ annual spending, each employee is estimated to spend $238 annually off-site within the City. The direct and indirect tax revenues generated are presented later in the Report in Table 10.     11 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com A.4 Utility User Tax (“UUT”) The UUT is imposed by the City on the consumption of utility services of telephone, electricity, natural gas, and water. The UUT rates for those utility services are presented in Table 6 below. Table 6: UUT Assumptions Description Assumptions UUT Rates Telephone (Municipal Code §3.16.020) 5.50% Electricity (Municipal Code §3.16.030) 6.00% Natural gas (Municipal Code §3.16.040) 6.00% Water (Municipal Code §3.16.050) 6.00% Annual Telephone Gross Receipts Industrial Building One (5 Lines) $4,800 Industrial Building Two (5 Lines) $4,800 Industrial Building Three (4 Lines) $3,840 Electricity Usage and Cost Kilowatthour (kWh) per BSF 10.8 Rate per kWh $0.0816 Natural Gas Usage and Cost Cubic Feet (Cu. Ft.) per BSF 26.4 Rate per 1,000 Cu. Ft. $13.29 Water Usage and Cost Gallons per BSF 8.3 Rate per 748 Gallons $2.60 The electricity, natural gas, and water usages, as reflected in the table above, assume that the Project buildings will house manufacturing facilities. DTA utilized the applicable electrical and natural gas usage metrics from the 2018 Commercial Buildings Energy Consumption Survey (“CBECS”) conducted by the U.S. Energy Information and Administration (“EIA”), with the sourcing of the water usage metric from the 2012 CBECS compiled by the EIA. The UUT revenues generated are presented later in the Report in Table 10. A.5 Other Property Tax Revenue Per California Revenue and Taxation Code §11901, et seq., and the City Code §3.22.020, sales of real property are taxed by the City at a rate of $0.55 per $1,000 of property value, excluding assumed liens or encumbrances. Since the Project proponent indicated that it plans to own and operate the Project for an extended     12 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com period, DTA conservatively assumes that there will not be any sales of the Project components, therefore generating no property transfer tax. A.6 Interest Income Interest “Investment” Income revenues are generated by the increase in General Fund revenues resulting from the Project. This increase reflects growth in the following revenue categories: property taxes, VMT, sales taxes, utility user tax, and multiplier revenues (to be discussed in detail in the following sections of this Report). Revenues from this source are usually estimated by multiplying the projected recurring General Fund revenues available for investment by the Local Agency Investment Fund (“LAIF”) investment fund rate of return. A LAIF percentage of earnings cost factor of 50% is then applied because the funds being invested on average will be available for only 1 month. Investment income assumptions are summarized in Table 7 below. The projected recurring General Fund revenues available for investment total $460,017. This calculation results in estimated investment income (less earnings cost) of $395. It should be noted that LAIF factors are determined quarterly by the California State Treasurer, whose office governs the investment of revenues by municipalities. Table 7: Investment Income Assumptions Description Assumptions Investment Period for Non-Interest General Fund Revenues 1 Month LAIF Rate of Return (Estimated) 2.06% LAIF Percentage of Earnings 50% Projected Recurring General Fund Revenues Available for Investment $460,017 B Analysis of Recurring Revenues, Multiplier Method The Per Capita Employee (Persons Served) Multiplier figures presented in this section play a key role in understanding the impact of the proposed Project on the City’s General Fund. As stated in the introduction section of this Report, the Persons Served approach recognizes the fact that the exact relationship of service demands and revenue-generating potential between residents and employees is difficult to quantify, so a specific set of assumptions are needed. To address this, DTA has introduced several assumptions, including the utilization of a service population, or Persons Served population, comprised of all service area residents and 50% of employees working in the service area, as this is common fiscal practice in quantifying the impact of new development in a given service area. This number suggests that a City resident generally has twice the fiscal impact of an employee within the City on the City General Fund. The Persons Served population of the City is estimated at 370,403, equaling the total residents within the City (299,630) plus 50% of employees working in the City (141,545). Utilizing the above assumptions, the multipliers presented in this section and illustrated in     13 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com Table 8 quantify the marginal increase in revenue per Person Served by each specific revenue category that will result from the development of the proposed Project. Table 8: General Fund Revenues (Multiplier Method) Category Amount Methodology Discount Business License Tax $90.08 Per Employee 15% Franchise Fees and Taxes $25.13 Person Served 15% Charges for Services $24.50 Person Served 15% Licenses and Permits $7.78 Person Served 15% Fines, Forfeitures, and Penalties $12.98 Person Served 15% Adult-Use Retail Business Cannabis Tax $4.08 Person Served 90% Medical Marijuana Taxes $0.14 Person Served 90% B.1 Business License Tax Business license tax revenue is expected to increase as the City looks to expand its commercial and industrial sectors. The purpose of this annual tax is to ensure that businesses share the burden of payment for City services used by the business and/or their employees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the business license tax revenues that are expected to vary with population and employee growth in the City. DTA forecasts the business license tax at $90.08 per employee using the Per Employee Multiplier Method, generating $38,284 in additional revenue to the City’s General Fund. B.2 Franchise Fees and Taxes Franchise fees and taxes are expected to play a consistent role in contributing to the City’s General Fund over the next several years. Generally, a tax is a compulsory payment levied by the government on its citizens and various business firms. In contrast, a fee is usually defined as a voluntary payment to the government for the special services rendered by it in the public interest. This distinction has become blurred as fees are usually a required part of doing business in a particular area or industry, so for the purpose of this Report, both terms will be referred to as fees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the franchise fee and tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted franchise fees at $25.13 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,353 in additional     14 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com revenue to the City’s General Fund. B.3 Charges for Services Charges for services is another area that generates revenues on behalf of the City’s General Fund, accounting for 3% of total General Fund recurring revenues in FY 2023-24. This category is made up of service charges and fees imposed on users for specialized services provided by the City under the rationale that benefiting parties, rather than the general public, should pay for the cost of those services. Note, only charges for non-development services are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the charges for services revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted charges for services at $24.50 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,219 in additional revenue to the City’s General Fund. B.4 Licenses and Permits In addition to business licenses, the City imposes fees on a variety of permits. This is a reliable source of revenue and it is expected to continue to be a steady contributor to the General Fund over the coming years. Note, only non-development licenses and permits are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the licenses and permits tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the licenses and permits tax at $7.78 per Persons Served using the Per Capita Multiplier Method, generating $1,657 in additional revenue to the City’s General Fund. B.5 Fines, Forfeitures, and Penalties To ensure the payment of various licenses and fees, the City Code empowers the City to impose penalties and collect fines in several areas. Although considered a consistent revenue stream each year, the City expects to derive 1% of its total FY 2023-24 General Fund revenues from fines, forfeitures, and penalties. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the fines, forfeitures, and penalties that are expected to vary with population and employee growth in the City. Fines, forfeitures, and penalties are projected at $12.98 per Person Served, generating $2,765 in     15 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com additional revenue to the City’s General Fund. B.6 Retail Cannabis Taxes The City currently imposes taxes on the retail sales of adult-use and medicinal cannabis. Although these retail cannabis taxes currently constitute 4% of City’s FY 2023-24 General Fund revenues, DTA conservatively applied a 90% discount rate to account for only the portion of the retail cannabis tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the retail cannabis taxes at $4.22 per Person Served, generating $899 in additional revenue to the City’s General Fund. C Analysis of Recurring Costs, Case Study Method C.1 General Government Costs General government costs are projected at a marginal rate of 75.00% of the City General Fund recurring costs, based on the assumption that the FY 2023-24 general government expenditures, equaling $99.2 million, will remain at the same relative proportion of the FY 2023-24 City total non-governmental expenditures of approximately $283.8 million in future years. Government costs in this area are generated from several areas, including the City Council, City Manager, City Attorney, City Clerk, Finance and Management Services, Human Resource, Planning and Building, and Non-Departmental expenditures. According to the FY 2023-24 budget, the percentage of general government expenditures to non-governmental expenditures is approximately 34.9%. However, these general government costs are not expected to increase on a one-for-one basis as a result of the land use development depicted in this Report. Therefore, this Report assumes that general government costs increase at an estimated marginal rate of 75%, or 26.2% of the existing General Government cost overhead rate. This approach results in annual general government costs of $42,092. A detailed explanation of these calculations is presented in Appendix A-10. D Analysis of Recurring Costs, Multiplier Method As discussed previously in Section III.B, DTA utilized the Persons Served population approach to quantify the marginal increase in City’s General Fund expenditures resulting from the proposed Project. The multipliers presented in this section and illustrated in Table 9 quantify the marginal increase in expenditures per Person Served for each specific service category.     16 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com Table 9: General Fund Expenditures (Multiplier Method) Category Amount Methodology Discount Police Department $396.34 Person Served 0% Fire Department $152.49 Person Served 0% Public Works $135.19 Person Served 0% Park, Recreation & Community Services $34.90 Person Served 15% Community Development $14.20 Person Served 15% Library $16.96 Person Served 15% Museum $3.84 Person Served 15% D.1 Non-General Government Costs D.1.i Police Services The FY 2023-24 City General Fund expenditures for police services are $146.8 million. Notably, the cost multipliers presented in this section have not been discounted. The police services expenditures are projected at $396.34 per Person Served, resulting in an additional $84,420 to the City’s annual expenditures. D.1.ii Fire Protection Services The FY 2023-24 City General Fund expenditures for fire protection services are $56.5 million. Notably, the cost multipliers presented in this section have not been discounted. The fire protection services expenditures are projected at $152.49 per Person Served, resulting in an additional $32,480 to the City’s annual expenditures. D.1.iii Public Works Services The FY 2023-24 City General Fund expenditures for public works services are $50.1 million. Notably, the cost multipliers presented in this section have not been discounted. The public works services expenditures are projected at $135.19 per Person Served, resulting in an additional $28,795 to the City’s annual expenditures. D.1.iv Park, Recreation & Community (“PRC”) Services The FY 2023-24 City General Fund expenditures for PRC services are $15.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the PRC services costs that are expected to vary with population and employee growth in the City. The PRC services expenditures are projected at $34.90 per Person Served, resulting in an additional $7,434 to the City’s annual expenditures. D.1.v Community Development The FY 2023-24 City General Fund expenditures for the community development services are $6.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the community development     17 SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com services costs that are expected to vary with population and employee growth in the City. The community development services expenditures are projected at $14.20 per Person Served, resulting in an additional $3,025 to the City’s annual expenditures. D.1.vi Library Services The FY 2023-24 City General Fund expenditures for library services are $7.4 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the library services costs that are expected to vary with population and employee growth in the City. The library services expenditures are projected at $16.96 per Person Served, resulting in an additional $3,612 to the City’s annual expenditures. D.1.vii Museum Services The FY 2023-24 City General Fund expenditures for museum services are $1.7 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the museum services costs that are expected to vary with population and employee growth in the City. The museum services expenditures are projected at $3.84 per Person Served, resulting in an additional $818 to the City’s annual expenditures.     18 SECTION IV FISCAL IMPACTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com IV FISCAL IMPACTS A Total Recurring Revenues The total recurring incremental revenues to the City are projected to be $460,412 per year. As illustrated below in Table 10 and Figure 4, the largest percentage of revenue generated (82.4%) is attributed to the Property Tax category (including property tax in lieu of VLFs). Given the existing assessed value for the Project site has been artificially restricted by a 2% annual escalator, the development of the components of the Project would remove that restriction and substantially increase the property taxes and in-lieu VLF revenues for the site. Attachments in Appendices A-4 through A-8 provide additional details regarding all recurring revenues and the assumptions used in their derivation. Table 10: Recurring Fiscal Revenues (the City’s General Fund) Category Amount Percent Secured Property Tax $235,616 51.2% Unsecured Property Tax $23,562 5.1% Property Taxes In Lieu of VLFs $120,157 26.1% Indirect Sales Tax $2,066 0.4% UUT $24,439 5.3% Business Licenses $38,284 8.3% Franchise Fees $5,353 1.2% Charges for Services $5,219 1.1% Licenses and Permits $1,657 0.4% Fines and Forfeitures $2,765 0.6% Adult-Use Retail Business Cannabis Tax $869 0.2% Medical Marijuana Taxes $30 0.0% Investment Income $395 0.1% Total Revenues $460,412 100.0% Note: All numbers are subject to rounding. Figure 4: Recurring General Fund Revenues at Project Build-Out Broken Down by Source     19 SECTION IV FISCAL IMPACTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com B Total Recurring Costs As illustrated in Table 11 and Figure 5 below, the City’s projected total annual incremental recurring costs are projected to be $202,676 per year. Police and fire protection services constitute two of the largest projected costs, respectively accounting for 41.7% and 16.0% of total recurring fiscal costs. Attachments in Appendices A-9 and A-10 provide additional details about all recurring costs and the assumptions used in their derivation. Table 11: Recurring Fiscal Costs (the City’s General Fund) Category Amount Percent Police Department $84,420 41.7% Fire Department $32,480 16.0% Public Works $28,795 14.2% Park, Recreation & Community Services $7,434 3.7% Community Development $3,025 1.5% Library $3,612 1.8% Museum $818 0.4% General Government $42,092 20.8% Total Costs $202,676 100.0% Note: All numbers are subject to rounding. Figure 5: Recurring General Fund Costs at Project Build-Out Broken Down by Source     20 SECTION IV FISCAL IMPACTS EPD Solutions, Inc. May 13, 2024 South Coast Technology Center Fiscal Impact Analysis Report www.FinanceDTA.com C Overall Net Fiscal Impact Table 12 and Figure 6 below shows the overall incremental fiscal impact to the City. The Project site is anticipated to generate an annual recurring incremental fiscal surplus at build-out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Furthermore, annual revenues generated are projected to equal 2.27 times the associated City incremental General Fund costs. Table 12: Net Fiscal Impact (the City’s General Fund) Category Impact/Ratio Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring Surplus/(Deficit) $257,736 Total Annual Revenue/Cost Ratio 2.27 Figure 6: Net Fiscal Impact (the City’s General Fund)     APPENDIX A EPD Solutions, Inc. Proposed South Coast Technology Center Project Fiscal Impact Report FIA     APPENDIX A-1 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND REVENUES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. II City Revenue Sources (by Type) Total Revenues Revenue Type Fiscal Impact Basis Discount Fiscal Impact Revenue Factor Tax Revenue $249,028,390 Persons Served $0.00 Property Tax - Exclude In-Lieu of VLF $46,525,390 Recurring Case Study 0%NA Transient Occupancy Taxes $8,500,000 Recurring Case Study 0%NA Utility Users Tax $25,800,000 Recurring Case Study 0%NA Sales Tax $64,715,400 Recurring Case Study 0%NA Prop 172 Sales Tax $2,871,200 Recurring Case Study 0%NA Measure X Sales Tax $88,616,400 Recurring Case Study 0%NA Documentary Stamp Tax $1,000,000 Recurring Case Study 0%NA Santa Ana Residual $11,000,000 Recurring Case Study 0%NA Business Licenses $15,000,000 Recurring Per Employee 15%$90.08 Franchise Fees $10,950,000 Recurring Persons Served 15%$25.13 Interest Income $700,000 Recurring Case Study 0%NA Charges for Services $10,675,650 Recurring Persons Served 15%$24.50 Building/Planning/Engineering Fees $10,740,000 Non-Recurring NA 100%NA Licenses and Permits $3,388,240 Recurring Persons Served 15%$7.78 VLF/Property Tax Compensation $42,044,300 Recurring Case Study 0%NA Fines and Forfeitures $5,654,100 Recurring Persons Served 15%$12.98 Intergovernmental $7,789,340 Recurring NA 100%NA Use of Money and Property $17,956,500 Recurring Persons Served 100%$0.00 Other / Miscellaneous $10,792,020 Recurring Persons Served 100%$0.00 Adult-Use Retail Business Cannabis Tax $15,116,130 Recurring Persons Served 90%$4.08 Commercial Cannabis Tax $416,000 Recurring Persons Served 100%$0.00 Medical Marijuana Taxes $528,000 Recurring Persons Served 90%$0.14 $400,778,670 NA NA NA NA $390,038,670 NA NA NA NATotal Recurring Revenues [3] Assumes City population plus 50% of employees. Revenue Type Total Revenues     APPENDIX A-2 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND EXPENDITURES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. II City Expenditures (by Type) Total Expenditures Expenditure Type Fiscal Impact Basis Discount Fiscal Impact Expenditure Factor General Government City Council $1,021,070 Recurring Case Study NA NA City Clerk's Office $2,411,150 Recurring Case Study NA NA City Manager's Office $3,144,680 Recurring Case Study NA NA City Attorney's Office $4,365,880 Recurring Case Study NA NA Planning and Building $20,146,220 Recurring Case Study NA NA Financial & Management Services $11,973,870 Recurring Case Study NA NA Human Resources $4,283,540 Recurring Case Study NA NA Non-Departmental $51,847,740 Recurring Case Study NA NA Non-General Government Police Department $146,805,550 Recurring Persons Served 0%$396.34 Fire Department $56,483,060 Recurring Persons Served 0%$152.49 Public Works $50,075,950 Recurring Persons Served 0%$135.19 Park, Recreation & Community Services $15,206,990 Recurring Persons Served 15%$34.90 Community Development $6,186,710 Recurring Persons Served 15%$14.20 Library $7,392,510 Recurring Persons Served 15%$16.96 Museum $1,674,210 Recurring Persons Served 15%$3.84 $383,019,130 NA NA NA NA $383,019,130 NA NA NA NATotal Recurring Expenditures Expenditure Type Total Expenditures     APPENDIX A-3 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER LAND USE AND DEMOGRAPHICS SUMMARY I Developable Land Use Description A Projected Non-Residential Land Uses Building Sq. Ft. [1] Industrial Building One 112,230 Industrial Building Two 121,645 Industrial Building Three 79,369 I Non-Residential Land Use Employee Generation A Projected Non-Residential Land Uses Sq. Ft. per Employee [2] Industrial Building One 737 BSF Industrial Building Two 737 BSF Industrial Building Three 737 BSF I Projected Direct Employees A Projected Non-Residential Land Uses Building Sq. Ft.Total Direct Employees Industrial Building One 112,230 BSF 152 Industrial Building Two 121,645 BSF 165 Industrial Building Three 79,369 BSF 108 I Total Projected Residential Population 0 II Total Projected Direct Employees 425 III Total Persons Served Population [3]213 NOTES: [1]Source: Project Proponent. [2]Source: Project Proponent. [3]An employee is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. *All figures subject to rounding Population and Employees (Totals) Future Land Use Data Demographic Data Population and Employees (Calculations)     APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City [2] General Fund 19.296953238% Total 19.296953238% I Non-Residential Land Uses A Industrial Building One Estimated Number of Sq. Ft. [3]112,230 Estimated Valuation per Sq. Ft. [4]$390 Total Estimated Net Taxable Value $43,746,354 B Industrial Building Two Estimated Number of Sq. Ft. [3]121,645 Estimated Valuation per Sq. Ft. [4]$390 Total Estimated Net Taxable Value $47,416,246 C Industrial Building Three Estimated Number of Sq. Ft. [3]79,369 Estimated Valuation per Sq. Ft. [4]$390 Total Estimated Net Taxable Value $30,937,400 II Total Land Use Net Taxable Value $122,100,000 I Unsecured Property Taxes - Assumptions [5] A Unsecured Taxes as a % of Secured Non-Residential Property 10.00% II Property Tax Transfer - Assumptions [6] A Turnover Rate Non-Residential Property 0.00% B Other Assumptions Transfer Tax as a % of Assessed Value 0.11% Property Transfer Tax Passed Through to City of Santa Ana 50.00% III Motor Vehicle Licensing Fees - Assumptions Vehicle Licensing Fees per Capita NA IV Property Tax In-Lieu of Vehicle License Fee - Assumptions Total City of Santa Ana Gross Assessed Value [7]$34,504,366,076 City of Santa Ana Property Tax In-Lieu of Vehicle License Fee [8]$42,044,300 Property Tax In-Lieu of Vehicle License Fee Increase per $1,000 Assessed Value $1.22 I Fiscal Impact Category Annual Fiscal Impact Amount A Secured Property Tax A.1 Projected Non-Residential Land Uses Industrial Building One $84,417 Industrial Building Two $91,499 Industrial Building Three $59,700 B Unsecured Property Tax B.2 Projected Non-Residential Land Uses Industrial Building One $8,442 Industrial Building Two $9,150 Industrial Building Three $5,970 General Property Tax Assumptions Assessed Valuation Assumptions Other Property Tax Revenue Assumptions Fiscal Impact Calculation     APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS C Property Tax In-Lieu of Vehicle License Fee [9] Projected Residential and Non-Residential Land Uses $120,157 II Total Property Tax Revenues $379,335 NOTES: [1]Based on "General Fund" levy for Tax Rate Area (TRA). Data provided by the County of Orange Auditor-Controller's Office. TRA allocations adjusted for ERAF. Note, figure does not include non-General Funds. [2]Post ERAF rates based on the weighted average of the fiscal year 2023-24 rates applicable to the TRAs in the Project. Source: County of Orange Auditor-Controller Office. [3]Please see Appendix A-3. Subject to change. [4]Source: Project Proponent. [5]Based on typical DTA baseline assumptions. [6]Project Proponent plans to own the Project for an extended period. [7]Source: County of Orange Auditor-Controller's Office. [8]Source: City of Santa Ana Adopted Budget, Fiscal Year 2023-2024. [9]Property Tax in-lieu of Vehicle Licensing Fees applies to incremental property value. Current estimated land value of Project site of $23,491,046 excluded from calculation. *All figures subject to rounding     APPENDIX A-5 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER SALES TAX REVENUE ANALYSIS I Indirect Sales Tax Assumptions - Employees Annual Spending per Employee [1]$951 II Retail Taxable Sales Capture City of Santa Ana Retail Taxable Purchase Capture [2]25% I Non-Residential Direct Sales Tax Assumptions A Non-Residential Land Uses Taxable Sales per Sq. Ft [3] Industrial Building One $0.00 Industrial Building Two $0.00 Industrial Building Three $0.00 I Percent to the City of Santa Ana City of Santa Ana Municipal Code §35-51 1.00% Prop 172 Sales Tax [4]0.04% Measure X Sales Tax [5]1.00% Total 2.04% I Fiscal Impact Category Annual Fiscal Impact Amount A Indirect Sales Tax A.1 Employee Taxable Sales Direct Employees $2,066 B Direct Sales Tax B.1 Projected Non-Residential Land Uses Industrial Building One $0 Industrial Building Two $0 Industrial Building Three $0 II Total Sales Tax Revenues $2,066 NOTES: [1]Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office-Worker Retail Spending in a Digital Age," ICSC (2012). Adjusted for inflation assuming 3% annual inflation rate. [2]Based on typical DTA baseline assumptions. [3]Source: Project Proponent. [4]The City projects to receive approximately 8.87% of the Prop 172 sales tax receipts generated within the City, which is equivalent to 0.04% sales tax rate. Source: City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. [5]Current rate is 1.5%, decreases to 1.0% in 2029, and then sunsets in 2039. *All figures subject to rounding Indirect Sales Tax Assumptions Direct Sales Tax Assumptions Other Sales Tax Assumptions Fiscal Impact Calculation     APPENDIX A-6 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER UTILITY USERS' TAX REVENUE ANALYSIS I Utility Usage Assumptions Telephone Electricity Natural Gas Water A Non-Residential Land Uses ($ per Business) [1](kWh per Sq. Ft.) [2](Cu. Ft. per Sq. Ft.) [3](Gal. per Sq. Ft.) [4] Industrial Building One $4,800 10.8 26.4 8.3 Industrial Building Two $4,800 10.8 26.4 8.3 Industrial Building Three $3,840 10.8 26.4 8.3 II Energy Price Assumptions A Non-Residential Land Uses Electricity Costs per kWh [5]$0.0816 Natural Gas Rate per 1,000 Cu. Ft. [6]$13.29 Water Rate per 748 Gallons [7]$2.60 I Non-Residential Land Uses A Industrial Building One Telephone $4,800 Electricity $98,906 Natural Gas $39,377 Water $3,238 B Industrial Building Two Telephone $4,800 Electricity $107,203 Natural Gas $42,680 Water $3,509 C Industrial Building Three Telephone $3,840 Electricity $69,946 Natural Gas $27,847 Water $2,290 I Utility Users' Tax Rate Assumptions Telephone (Municipal Code §3.16.020)5.50% Electricity (Municipal Code §3.16.030)6.00% Natural Gas (Municipal Code §3.16.040)6.00% Water (Municipal Code §3.16.050)6.00% I Fiscal Impact Category Annual Fiscal Impact Amount A Utility User's Tax - Telephone A.1 Non-Residential Land Uses Industrial Building One $264 Industrial Building Two $264 Industrial Building Three $211 B Utility User's Tax - Electricity B.1 Non-Residential Land Uses Industrial Building One $5,934 Industrial Building Two $6,432 Industrial Building Three $4,197 C Utility User's Tax - Natural Gas C.1 Non-Residential Land Uses Industrial Building One $2,363 Industrial Building Two $2,561 Industrial Building Three $1,671 D Utility User's Tax - Water D.1 Non-Residential Land Uses Industrial Building One $194 Industrial Building Two $211 Industrial Building Three $137 II Total Utility Users' Tax Revenues $24,439 Utility Assumptions Gross Utility Receipts Utility Users' Tax Assumptions Fiscal Impact Calculation     NOTES: [1]Based on the current base cost of AT&T Business Unlimited Premium plan with varying number of lines depending on the business. [2]Source: Commercial Buildings Energy Consumption Survey, Table C15, 2018. [3]Source: Commercial Buildings Energy Consumption Survey, Table C25, 2018. [4]Source: Commercial Buildings Energy Consumption Survey, Table W1, 2012. [5]Source: https://www.electricitylocal.com/states/california/santa-ana/ [6]Source: https://naturalgaslocal.com/states/california/santa-ana/. [7]Source: Santa Ana Water District. [8]Source: Project Proponent. *All figures subject to rounding     APPENDIX A-7 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER REVENUE SOURCES ANALYSIS I Revenue Category Multiplier Factor [1]Revenue Projection Basis Business Licenses $90.08 Per Employee Franchise Fees $25.13 Persons Served Charges for Services $24.50 Persons Served Licenses and Permits $7.78 Persons Served Fines and Forfeitures $12.98 Persons Served Adult-Use Retail Business Cannabis Tax $4.08 Persons Served Medical Marijuana Taxes $0.14 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Business Licenses $38,284 Franchise Fees $5,353 Charges for Services $5,219 Licenses and Permits $1,657 Fines and Forfeitures $2,765 Adult-Use Retail Business Cannabis Tax $869 Medical Marijuana Taxes $30 II Total Multiplier Revenues $54,177 NOTES: [1]Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. *All figures subject to rounding Multiplier Revenue Assumptions Fiscal Impact Calculation     APPENDIX A-8 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER INVESTMENT INCOME REVENUES ANALYSIS I Investment Income Assumptions Investment Period for Recurring Non-Interest General Fund Revenues 1 Month Local Agency Investment Fund (LAIF) Rate of Return [1]2.06% Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1]50.00% I Fiscal Impact Category Annual Fiscal Impact Amount Total Property Tax Revenues (Appendix A-4)$379,335 Total Sales Tax Revenues (Appendix A-5)$2,066 Total Utility User's Tax Revenues (Appendix A-6)$24,439 Total Multiplier Revenues (Appendix A-7)$54,177 II Projected Recurring General Fund Revenues Available for Investment $460,017 III Plus: Investment Income (Less Earnings Cost)$395 IV Total Recurring General Fund Revenues $460,412 NOTES: [1]Estimate. Subject to change. *All figures subject to rounding Assumptions Fiscal Impact Calculation     APPENDIX A-9 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER EXPENDITURES ANALYSIS I Expenditure Category Multiplier Factor [1]Expenditure Projection Basis Police Department $396.34 Persons Served Fire Department $152.49 Persons Served Public Works $135.19 Persons Served Park, Recreation & Community Services $34.90 Persons Served Community Development $14.20 Persons Served Library $16.96 Persons Served Museum $3.84 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Police Department $84,420 Fire Department $32,480 Public Works $28,795 Park, Recreation & Community Services $7,434 Community Development $3,025 Library $3,612 Museum $818 II Total Multiplier Expenditures $160,584 NOTES: [1]Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. *All figures subject to rounding Multiplier Expenditure Assumptions Fiscal Impact Calculation     APPENDIX A-10 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER GENERAL GOVERNMENT EXPENDITURES ANALYSIS I General Government Overhead Expenditures Total Recurring Fund Expenditures (excluding General Government Overhead) [1]$283,824,980 Recurring General Government Overhead Expenditures (as a % of Total Recurring Fund Expenditures) [2]34.9% Marginal Increase in General Government Costs 75% I Fiscal Impact Category Annual Fiscal Impact Amount Total Multiplier Expenditures (Appendix A-9)$160,584 II Projected Recurring General Fund Expenditures $160,584 III Plus: General Government Costs $42,092 IV Total Recurring Expenditures $202,676 NOTES: [1]Based on the City of Santa Ana Propsed Budget, Fiscal Year 2023-2024. [2]General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government. *All figures subject to rounding Assumptions Fiscal Impact Calculation     18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com     Irvine | San Jose | San Francisco | Riverside Dallas | Houston | Raleigh | Tampa www.FinanceDTA.com Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds ECONOMIC IMPACT STUDY EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024     www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. ECONOMIC IMPACT STUDY PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman     TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY ................................................... 2  II INTRODUCTION .............................................................. 6  A Purpose of the Study .......................................................... 6  B Description of the Project ................................................. 7  C Approach to the Study ....................................................... 7  D Study Limitations .............................................................. 10  III RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS ......................................................................... 11  A Description of the Annual Recurring Impacts of the Project ................................................................................. 11  B Description of the One-Time Construction Impacts of the Project .......................................................................... 16  IV PROJECT IMPACTS ON THE CITY’S JOBS-HOUSING BALANCE ......................................... 20  APPENDICES APPENDIX A ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT  APPENDIX B ONE-TIME ECONOMIC IMPACTS OF THE PROJECT      2 SECTION I EXECUTIVE SUMMARY South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com I EXECUTIVE SUMMARY The objective of this Economic Impact Study (the “Study”) is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the “Project”) within the City of Santa Ana (the “City”) in the County of Orange (“County”), California. This Executive Summary provides a general overview of the Study’s conclusions regarding the economic impact of the Project on the City and the County. Overall, the Project is anticipated to add 687 permanent new jobs (425 on-site and 262 off- site) within the City. The Project would also provide 555 one-time jobs associated with its construction. Notably, the Project would deliver a substantial boost to the City’s economy, with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City as it would expand its economic base, thereby providing a strong foundation for the City’s continued economic growth and fiscal health. A Description of the Project The Project location, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 (“SD-58”) zoning district, with the permissible land uses of the commercial/retail uses and professional and business offices. Figure 1: Aerial Map for the Project Site The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses (“LLIUs”), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical     3 SECTION I EXECUTIVE SUMMARY South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet (“BSF”) of LLIU space. Figure 2: Proposed Project Site Plan B Overview of Economic Impact Analysis This Study identifies the general economic impacts of the Project on the County and City. Economic impact studies operate under the basic assumption that any increase in spending resulting from a development project has direct, indirect, and induced economic effects. First, there is a direct impact caused by the additional output of goods or services on-site. Second, there are a ripple of indirect impacts on all the industries whose outputs are used by firms located within the Project and various firms’ supply chains. Third, there are induced impacts that arise when employment increases in the region and stimulates greater household spending. In evaluating these economic impacts, the Study incorporates two stages of the development process: (i) construction and (ii) recurring operations. First, there is a one- time impact from the construction of the various types of land uses within the Project. Then, after the construction and tenant improvement phases are complete, the Study determines the magnitude of the permanent annual recurring impact on the economy through the ongoing operations of the development that has occurred on the Project site.     4 SECTION I EXECUTIVE SUMMARY South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com DTA used the web application of the Impact Analysis for Planning (“IMPLAN”) economic modeling system for its analysis. IMPLAN is a nationally recognized input-output model that can be used to estimate the impacts of new development on the economy through the use of an economic multiplier analysis that is applied to individual counties (e.g., Orange County). The economic multipliers are based on a proprietary model that inputs a series of extensive databases, local economic factors, and demographic statistics. A more detailed discussion regarding the IMPLAN model, as well as the conclusions described in this Executive Summary and assumptions and methodology utilized to reach these conclusions, may be found in Sections II-IV of the Study. C Recurring Economic Impacts of the Project As shown in Table 1, the annual recurring economic impacts of the Project on the City will be substantial. First, the Project is anticipated to create 425 permanent Full-Time Equivalent (“FTE”) jobs on-site. In addition, the Project is expected to generate 262 permanent recurring indirect and induced full-time/part-time jobs off-site within the City, for a total of 687 jobs. As the City’s total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City’s current workforce. The total Labor Income associated with these new jobs will equal $63.1 million generated annually directly on-site, plus $22.4 million off-site Citywide, for a total increase in Labor Income of $85.5 million annually within the City. Finally, adding in $54.0 million in Other Value-Added revenues and $116.5 million in Intermediate Inputs yields a total recurring Citywide economic output of $256.1 million per year from the Project, which represents a considerable boost to the City’s economy. Table 1: Project’s Total Recurring Annual Impacts on the City Recurring Annual Impacts Direct Indirect/Induced Total Employment 425 262 687 Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,758 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. D One-Time Economic Impacts of the Project Similarly, as reflected in Table 2 below, the one-time economic impacts from the construction of the Project on the City will also be significant. First, the Project is anticipated to create 457 FTE construction jobs on-site. In addition, the Project is expected to generate 98 indirect and induced full-time/part-time jobs off-site within the City, for a total of 555 one-time jobs within the City. The total Labor Income associated with these added employees will equal $38.0 million directly on-site, plus $7.3 million off-site but within the City, for a total increase in Labor Income of $45.3 million Citywide     5 SECTION I EXECUTIVE SUMMARY South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com on a one-time basis. Finally, adding in $6.9 million in Other Value-Added revenues and $32.4 million in Intermediate Inputs yields a total one-time Citywide economic output for the Project of $84.66 million, which represents a considerable boost for construction within the City. Notably, the one-time construction output represents the aggregate outputs generated during the overall Project construction period, which could span over more than one year. Table 2: Project’s One-Time/Construction Impacts on the City One-Time/Construction Impacts Direct Indirect/Induced Total Employment 457 98 555 Overall Economic Output $63,500,000 $21,159,774 $84,659,774 Labor Income $38,002,669 $7,346,977 $45,349,646 Other Value Added $1,126,141 $5,802,880 $6,929,022 Intermediate Inputs $24,371,189 $8,009,916 $32,381,106 Note: All numbers are subject to rounding. E Jobs-Housing Balance The jobs-housing balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting and traffic congestion. It also reduces commute times, improves local social, cultural and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected below in Table 3, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. A more detailed explanation of this metric is included in Section IV of this Study. Table 3: Pre-Project and Post-Project Jobs-Housing Balance Description Citywide Average Statewide Average Pre-Project Post-Project Number of Jobs 141,5451 142,232 18,537,400 Number of Housing Units 82,058 82,058 14,707,698 Existing2 82,058 82,058 14,707,698 New N/A 0 0 Jobs-Housing Balance 1.725 1.733 1.260 1 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. 2 Labor Market Information Division, State of California Employment Development Department.     6 SECTION II INTRODUCTION South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com II INTRODUCTION A Purpose of the Study The objective of this Economic Impact Study (the “Study”) is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the “Project”) within the City of Santa Ana (the “City”) in the County of Orange (the “County”), California. This Study identifies the general economic impacts of the Project on the County and City. General economic impacts include additions to the County’s and City’s employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). Economic impact studies also operate under the basic assumption that any increase in impacts has direct, indirect, and induced effects as illustrated in Figure 3 below. First, there is a direct effect caused by the additional output of goods or services on-site. Second, there is a ripple of indirect effects on all the industries whose outputs are used by firms located within the Project and various firms’ supply chains. Third, there are induced effects that arise when employment increases in the region and stimulates greater household spending. Figure 3: Direct, Indirect, and Induced Impacts     7 SECTION II INTRODUCTION South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non-recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year once the Project has been build-out. Generally, first, there is a one-time impact from the construction of the facility. Then, after the construction phases are complete, firms have a recurring impact on the economy through their ongoing operations. Additionally, for the purposes of the Study, all economic impacts are stated in constant 2024 (uninflated) dollars based on the assumption that the relative impacts of inflation in future years may be difficult to gauge. B Description of the Project The Project location delineated in Figure 1, which may be found in the Executive Summary of this Study, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 (“SD-58”) zoning district, with the permissible land uses of commercial/retail uses and professional and business offices. The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses (“LLIUs”), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. A summary of the proposed land uses and their respective associated BSF in the Project is listed below in Table 4 and depicted in Figure 2 in the Executive Summary of this Study. Table 4: Proposed Land Uses for the Project Land Uses Building Square Feet Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 313,244 For purposes of this Study, Industrial Buildings 1 and 2 are assumed to be occupied by tenants in the Surgical and Medical Instrument Manufacturing sector, while Building 3 is assumed to house a tenant in the Electromedical and Electrotherapeutic Apparatus Manufacturing sector. Both manufacturing sectors have prominent employment bases in the County and are permissible LLIUs. The City and Project proponent have deemed     8 SECTION II INTRODUCTION South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com those uses to be feasible on the Project site. However, since the Project proponent is constructing all three buildings on a speculative basis, the building uses presented in this Study are preliminary and cannot be guaranteed by the Project proponent or the City. C Approach to the Study The Study distinguishes between one-time impacts and permanent impacts. In evaluating these impacts, the Study quantifies both direct and indirect/induced economic impacts on the County and City. Direct economic impacts reflect the initial or first-round increases in jobs, earnings, and output, all of which occur directly on-site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur as a result of the direct impacts and generally take place elsewhere within the County and City. The indirect impacts represent the economic activity, specifically the buying and selling of goods and services, of suppliers to the Project land use types analyzed. In this Study, suppliers to the Project consist primarily of wholesalers, maintenance and repair professionals, utilities’ providers, real estate services, and employment and business support services. One-time impacts include benefits to the County and City that occur on a non-recurring basis as a result of construction and development activity, while permanent impacts refer to benefits that occur on a continuous basis year after year. The suppliers representing the indirect one-time impacts are mainly heavy industrial and construction suppliers for the actual development of buildings and facilities. The induced impacts represent the economic activity that results from household spending by employees of all companies directly and indirectly affected by the construction and operation of the land uses analyzed in this Study. For the purposes of determining impacts, the Study employs two standards that are frequently utilized in economic impact studies, as detailed below. C.1 North American Industry Classifications Indirect and induced impacts can occur throughout all industries of the economy and have been categorized using the North American Industry Classification System (“NAICS”). Adopted by the Office of Management and Budget (“OMB”) in 1997 to replace the Standard Industrial Classification (“SIC”) System, NAICS is a widely used system that classifies business establishments for the collection, analysis, and publication of statistical data in Canada, Mexico, and the United States. NAICS industries are identified using a 6-digit coding system to classify all economic activity into 20 broad sectors, five of which are mainly goods-producing sectors and 15 of which are services-producing sectors. This 6-digit hierarchical structure allows for the identification of nearly 1,170 industries. IMPLAN employs a sectoring scheme representing rollups of NAICS descriptions, with each sector having its own spending pattern derived from the U.S. Bureau of     9 SECTION II INTRODUCTION South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Economic Analysis’ expenditures patterns. The Electromedical and Electrotherapeutic Apparatus Manufacturing Sector and Surgical and Medical Instrument Manufacturing Sector are the focal IMPLAN sectors analyzed within this Study to determine the indirect and induced economic impacts generated by the Project. C.2 IMPLAN Multipliers Although most economists agree that indirect and induced effects, or “multiplier” effects, exist, most economists also concur that such effects are difficult to measure. Patterns of spending and employment among suppliers and employee households often vary over time and from one region to another. Nevertheless, there are certain input-output models that can be used to estimate indirect and induced effects. In quantifying the indirect and induced economic impacts for the Study, DTA utilized the IMPLAN input-output modeling system, a type of quantitative economic model that provides an approximate measure of the “multiplier effect” of a firm’s spending on payroll and the purchasing of goods and services. DTA used the web application of the IMPLAN economic modeling system with economic data from 2022 for the County (“IMPLAN Study Model”). Like similar econometric models, IMPLAN helps calculate the flow of payments for goods and services across different industry sectors and between households and industries. Unlike similar econometric models, e.g., the Regional Input-Output Modeling System (“RIMS II”), IMPLAN is the industry standard. RIMS II and IMPLAN both include induced effects, but RIMS II differs from IMPLAN in two ways. Specifically, RIMS II uses a single household type for induced personal consumption and employs the traditional single row/column Type II formulation, whereas IMPLAN uses nine (9) household types and applies a more robust mapping of factor income to household consumption using several submatrices. RIMS II also uses location quotients to regionalize the national technical coefficients, a method that underestimates inter-regional trade and overestimates regional multipliers when cross-hauling is present. The IMPLAN model can be envisioned simply as a large spreadsheet with hundreds of industries (plus the household sector) arrayed across the top as producers and the same industries and households listed down the side as consumers. Each million dollars (output) in spending by any one consumer (i.e., the Project) is allocated across the producing industries from which it buys goods and services. These producing industries, in turn, spend money buying goods and services from their own distinct sets of suppliers. Thus, the IMPLAN multiplier model allows one to gauge the effect on each dollar expended by an industry as it diffuses through a regional economy. Furthermore, it allows one to translate the overall regional impact of spending into jobs and employee     10 SECTION II INTRODUCTION South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com compensation. Please refer to Figure 4 for a graphical representation of the multiplier effect. The multiplier factors available to determine indirect/induced impacts are intended to reflect impacts for entire areas within the County. Figure 4: Multiplier Effect of Project Expenditures Source: Northern Economics, Inc. 2011. D Study Limitations The economic models in the Study contain an analysis of revenues and impacts to the County and City resulting from the Project. These models are based on information provided to DTA by the Project proponent, certain assumptions taken from DTA’s proprietary databases as compiled from previous studies prepared by the firm, Spotlight by Environics Analytics, and Internet research performed by DTA regarding various industries. The sources of information and basis of the estimates calculated in the Study are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of economic impacts contained in this report is not considered to be a “financial forecast” or “financial projection” as technically defined by the American Institute of Certified Public Accountants. The word “projection” used within this report relates to broad expectations of future events or market conditions. Since the analyses contained herein are based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Study.     11 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com III RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS As noted previously, the Study identifies the general impacts on the County and City economy that would result from the construction of the Project and quantifies these impacts wherever possible. General economic impacts include additions to the County’s and City’s employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non-recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year. A Description of the Annual Recurring Impacts of the Project A.1 Employment “Employment” follows the same definition as the U.S. Bureau of Economic Analysis’ regional economic accounts and U.S. Bureau of Labor Statistics’ Census of Employment and Wages data, which is the full-time/part-time annual average. Thus, one (1) job lasting 12 months is equivalent to two (2) jobs lasting 6 months each or four (4) jobs lasting 3 months each. In terms of a typical IMPLAN analysis, a job that lasts 6 months would be considered ½ (0.50) of a job, while one that lasts 3 months would be considered ¼ (0.25) of a job. Notably, IMPLAN’s analysis normally includes both FTE jobs and part-time jobs, which overstates the number of FTE jobs generated by a development project. In order to compensate for that factor, DTA applies a discounting factor provided by IMPLAN that varies by industry and can be used to reduce the number of direct jobs generated by IMPLAN in our Study so that it represents the equivalent of the number of FTE direct jobs. The indirect and induced full-time/part-time job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and, therefore, within the County itself, with an estimated 50% of those jobs to be located within the City. Similarly, the Project’s jobs will lead to more consumer spending by employees in existing retail establishments within the County and City, as well as new retail development that will be attracted to the County and City as a result of this spending. Job creation also results in increased tax revenues to the County and City through increased property taxes and sales taxes related to this new development. However, because of potential differences in the timing of the build-out of the Project, the number of employees summarized above will likely not be realized at     12 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com the same time. Notably, it is possible that the build-out of the Project will occur over more than one year and the demand for some elements of the Project may fluctuate over time. DTA estimated the number of direct employees at the Project’s build-out based upon the 737 Square Feet per Employee (“SF/E”) factor provided by the Project Proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. Simply put, the Project will contribute to the creation of new jobs in the County and City. As reflected in Figure 5 and Table 5, the development of the Project is forecasted to generate approximately 425 estimated new recurring permanent on-site FTE jobs within the County and City annually. In addition to these on-site employment opportunities, DTA estimates that the Project will generate new off-site jobs in all industries of the County’s and City’s economy that constitute the indirect/induced employment impacts of the Project. A total of 240 permanent indirect jobs and 284 induced jobs are expected to be created in the County, with 120 of those indirect jobs and 142 of those induced jobs occurring within the City. As described previously, indirect jobs are those that are located off-site but are necessary to support the Project by providing goods and services to on-site businesses. Induced jobs are those that result from the expenditures made by the employees working directly or indirectly on-site within the Project. Table 5: Project’s Recurring Annual Employment Impact Conclusions Land Use BSF SF/E Recurring Annual Employment Impacts Direct Indirect3 Induced3 Total County City4 County City4 County City4 Industrial Building One 112,230 737 152 72 36 89 45 313 233 Industrial Building Two 121,645 737 165 78 39 97 48 340 253 Industrial Building Three 79,369 737 108 89 45 98 49 295 202 Grand Total 313,244 N/A 425 240 120 284 142 949 687 Note: All numbers are subject to rounding. 3 The IMPLAN Study Model outputs are based on the number of direct employees. 4 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City.     13 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Figure 5: Annual Recurring Jobs Generated by the Project 0 100 200 300 400 500 600 700 800 900 1,000 County City 425 425 240 120 284 142 Direct Indirect Induced The indirect and induced job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and therefore, within the City itself. Similarly, the Project’s jobs will lead to more consumer spending by employees in existing retail establishments within the City and County, as well as new retail development that will be attracted to the City and County as a result of this spending. Job creation also results in increased tax revenues to the City and County through increased property taxes and sales taxes related to this new development. However, as a result of potential differences in the timing of the build-out of the Project, the number of employees summarized above will likely not be realized at precisely the same time. Notably, it is estimated that the build-out of the Project will occur over several years, as the demand for some elements of the Project may fluctuate over time. A.2 Total Economic Output “Total Economic Output” represents the total value of all goods and/or services produced throughout a designated economy during a specified period of time, including Labor Income, Other Value Added, and the cost of Intermediate Inputs. Each of these components are defined below. “Labor Income” includes employee compensation (wages and benefits) and payments received by self-employed individuals and unincorporated     14 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com business owners. The Quarterly Census of Employment and Wages (“CEW”) published by the Bureau of Labor Statistics is the primary source of employment and income data for IMPLAN. “Other Value Added” encompasses other property income, such as the consumption of capital investment, profits, royalties, dividends, interest impacts, and taxes on production and imports. The primary sources of Other Value Added are taxes on production and imports net of subsidy and Gross Operating Surplus (“GOS”) data at the 3-digit NAICS level released by the Bureau of Economic Analysis. “Intermediate Inputs” include purchases of non-durable goods and services used for the production of other goods and services within a project, rather than for final consumption. Intermediate Inputs equal the Total Economic Output minus the sum of Labor Income and Other Value Added. Total Economic Output within the City and County will increase substantially as a result of the development of the Project and can be estimated based on the different types of development projected to occur. As previously stated, this Study analyzes direct, indirect, and induced impacts. With regard to direct impacts, the economic output reflects the initial or first-round increases in the total value of all goods and/or services produced (total spending/gross receipts, plus the Labor Income listed in Table 6 and other incomes/taxes), all of which occur directly on the Project site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur due to the direct output impacts and can take place outside of the boundaries of the Project site. The indirect impacts represent economic activity, specifically the buying and selling of goods and services, of suppliers and/or supporting businesses. The induced impacts represent economic activity that results from household spending by employees of all companies directly and indirectly affected by the Project. Please refer to Figure 3 for a graphical representation of the indirect and induced effects. The generation of 949 new jobs in the County will increase the payrolls collected by County and City residents who are holding these jobs, which were estimated utilizing the IMPLAN Study Model. As summarized in Table 6 and listed in detail in Appendix A, the jobs to be generated by the Project will provide Labor Income ranging from an average of $133,608 per year for Surgical and Medical Instrument Manufacturing Sector jobs in Buildings 1 and 2 to an average of $192,289 per year for Electromedical and Electrotherapeutic Apparatus Manufacturing Sector jobs in Building 3. This would result in an average income of $148,520 per direct FTE employee on-site and an average Labor Income of $124,541 per job if we also include both indirect and induced jobs. Total aggregate Labor Income paid to all direct, indirect, and induced employees for the Project will equal $108.0 million within the County, with $85.5 million of the income generated within the City. The total direct     15 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Labor Income generated by the Project on-site is anticipated to be $63.1 million. Table 6: Annual Recurring Labor Income Generated by the Project Municipality Direct Indirect Induced Total County $63,120,866 $25,448,599 $19,393,185 $107,962,650 City5 $63,120,866 $12,724,299 $9,696,592 $85,541,758 Note: All numbers are subject to rounding. The IMPLAN Study Model also includes algorithms that forecast the Other Value Added and Intermediate Inputs to be generated by the Project. As reflected in Tables 7 and 8, DTA has estimated that the Project’s direct and indirect/induced economic outputs total $317.1 million for the County and $256.1 million for the City. As summarized in Table 8 and Figure 6, and listed in detail in Appendix A, the total direct economic output generated by the Project on-site is anticipated to be $195.2 million. Table 7: Project’s Total Annual Recurring Impacts (County) Recurring Annual Impacts Direct Indirect/Induced Total Overall Economic Output $195,213,681 $121,843,286 $317,056,967 Labor Income $63,120,866 $44,841,784 $107,962,650 Other Value Added $38,616,322 $30,864,849 $69,481,171 Intermediate Inputs $93,476,494 $46,136,653 $139,613,146 Note: All numbers are subject to rounding. Table 8: Project’s Total Annual Recurring Impacts (City) Recurring Annual Impacts Direct Indirect/Induced Total Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,758 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. 5 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City.     16 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Figure 6: Annual Recurring Economic Output Generated by the Project $0 $50 $100 $150 $200 $250 $300 $350 County City $195.2 $195.2 $66.1 $33.1 $55.7 $27.9Millions Direct Indirect Induced B Description of the One-Time Construction Impacts of the Project As was the case for annual recurring economic impacts, one-time impacts generate one-time non-recurring increases in the County’s and City’s employment rates (number of full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The difference is that one-time impacts include economic benefits to the community that occur on a non-recurring basis as a result of construction and development activity. B.1 One-Time Employment According to the IMPLAN Study Model, development of the Project is also projected to create 457 estimated one-time FTE construction-related jobs on-site and 196 one-time indirect and induced full-time/part-time jobs off-site in the County, with 98 of those jobs within the City, for a total of 653 and 555 one-time jobs within the County and City, respectively. Table 9 and Figure 7 below, as well as Appendix B, summarize the projected increases in one-time employment that are generated from the construction of the Project land uses. Table 9: Project’s One-Time Construction and Development Employment Municipality Direct Indirect Induced Total County 457 53 143 653 City6 457 26 72 555 Note: All numbers are subject to rounding. 6 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City.     17 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Figure 7: Project’s One-Time Construction and Development Employment 0 100 200 300 400 500 600 700 County City 457 457 53 26 143 72 Direct Indirect Induced B.2 One-Time Labor Income One-time construction and development costs will also have multiplier effects on the economy, thereby generating one-time increases in Labor Income from the construction of the site infrastructure improvements and non-residential buildings. The average Labor Income is $83,157 per direct FTE job on-site, with an average Labor Income of $81,699 per job including both indirect and induced jobs. Table 10 and Figure 8 below, as well as Appendix B, summarize the projected increases in Labor Income generated from the construction of the Project land uses. Table 10: Project’s One-Time Construction and Development Labor Income Municipality Direct Indirect Induced Total County $38,002,669 $4,912,090 $9,781,864 $52,696,624 City7 $38,002,669 $2,456,045 $4,890,932 $45,349,646 Note: All numbers are subject to rounding. 7 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City.     18 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Figure 8: Project’s One-Time Construction and Development Labor Income $0 $10 $20 $30 $40 $50 $60 County City $38.0 $38.0 $4.9 $2.5 $9.8 $4.9Millions Direct Indirect Induced B.3 One-Time Total Economic Output According to the IMPLAN Study Model, the development of the Project is also projected to generate one-time increases of $105.82 million in Total Economic Output from the construction and development of the site infrastructure improvements and non-residential buildings within the County, with increases of $84.66 million in Total Economic Output within the City. Table 11 and Figure 9 below, as well as Appendix B, summarize the projected increases in total one-time economic output generated from the construction and development of the Project land uses. Table 11: Project’s One-Time Construction and Development Total Economic Output Municipality Direct Indirect Induced Total County $63,500,000 $14,235,907 $28,083,641 $105,819,548 City8 $63,500,000 $7,117,954 $14,041,820 $84,659,774 Note: All numbers are subject to rounding. 8 Assumes 50% of the indirect/induced economic outputs generated in the County will be created within the City.     19 SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS ` South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com Figure 9: Project’s One-Time Construction and Development Total Economic Output $0 $20 $40 $60 $80 $100 $120 County City $63.5 $63.5 $14.2 $7.1 $28.1 $14.0Millions Direct Indirect Induced     20 SECTION V PROJECT IMPACTS ON THE CITY’S JOBS-HOUSING BALANCE South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com IV PROJECT IMPACTS ON THE CITY’S JOBS-HOUSING BALANCE As stated previously, the Project is estimated to create approximately 425 new on-site permanent recurring FTE jobs and DTA approximates that an additional 262 new off-site indirect and induced permanent recurring full-time/part-time jobs will be created Citywide. This results in a jobs-housing balance calculation wherein the numerator (i.e., number of jobs) increases, while the denominator (i.e., number of housing units located in the City) remains the same. The jobs-housing balance is an indicator of the balance between employment and housing opportunities in a given area. To a large degree, the jobs available in a community should adequately represent the skills of the community’s labor force. Housing prices/locations should also be suited to the budgets of the workers within that community. However, defining what constitutes a “balance” is not an easy task due to variations in local and regional economies and housing patterns, e.g., what indicates “balance” in the City might not be similarly appropriate in other parts of the State. A positive balance between jobs and housing has a beneficial impact on the City by decreasing costs associated with commuting and traffic congestion. A balanced jobs-housing ratio also provides, inter alia, reduced commute times, improved social and cultural involvement, a more attractive work/life balance to residents, and savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. For example, any decrease in transportation facility costs experienced by local public agencies will enable these agencies to invest their tax proceeds in other facilities that can improve the quality of life within the City, such as libraries, recreational projects, and other community amenities. All these factors enhance the City’s economic well-being and that of the residents of the City, a portion of whom will find work within the Project. Notably, the change in the City’s jobs-housing balance will be mitigated by an influx of residents to the City who currently live elsewhere but might move to the City in order to live closer to the new jobs generated directly or indirectly by the Project. However, this in turn would increase the City’s labor force and provide new consumers who will support existing and new businesses in the City that will provide them with the necessary goods and services. The positive impact of an increase in the City’s jobs-housing balance can’t be overstated.     21 SECTION V PROJECT IMPACTS ON THE CITY’S JOBS-HOUSING BALANCE South Coast Technology Center Project May 13, 2024 Economic Impact Study www.FinanceDTA.com At build-out, the Project will have a positive effect on the City’s jobs-housing balance. Table 12 and Figure 10 below summarize the pre-Project and post-Project jobs-housing balance, as well as California Statewide average development figures. Table 12: Pre-Project and Post-Project Jobs-Housing Balance Description Citywide Average Statewide Average Pre-Project Post-Project Number of Jobs 141,5459 142,232 18,537,400 Number of Housing Units 82,058 82,058 14,707,698 Existing10 82,058 82,058 14,707,698 New N/A 0 0 Jobs-Housing Balance 1.725 1.733 1.260 Figure 10: Pre-Project and Post-Project Jobs-Housing Balance: 0.000 0.500 1.000 1.500 2.000 Pre-Project Citywide Post-Project Citywide Statewide 1.725 1.733 1.260 As reflected above in Table 12 and Figure 10, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. Clearly, the City is an employment-rich community with a large number of local jobs that are likely to provide employment to both City residents and persons residing outside of the City. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. As the City’s total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City’s current workforce. 9 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. 10 Labor Market Information Division, State of California Employment Development Department.     APPENDIX A EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT     Appendix A South Coast Technology Center Project City of Santa Ana Recurring Economic Impact (2024$) Per Employee Aggregate Industrial Building One County 313.37 $107,862 $33,800,653 $18,983,991 $41,219,898 $94,004,542 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect 72.07 $102,622 $7,395,932 $4,537,821 $7,735,873 $19,669,627 Induced 89.30 $68,268 $6,096,330 $5,112,882 $6,301,617 $17,510,829 City 232.69 $116,271 $27,054,521 $14,158,640 $34,201,153 $75,414,314 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect1 36.04 $102,622 $3,697,966 $2,268,911 $3,867,937 $9,834,814 Induced1 44.65 $68,268 $3,048,165 $2,556,441 $3,150,808 $8,755,414 Industrial Building Two County 340.17 $107,862 $36,691,498 $20,607,622 $44,745,284 $102,044,404 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect 78.23 $102,627 $8,028,479 $4,925,925 $8,397,494 $21,351,898 Induced 96.94 $68,266 $6,617,727 $5,550,167 $6,840,571 $19,008,465 City 252.59 $116,271 $29,368,395 $15,369,576 $37,126,252 $81,864,223 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect1 39.12 $102,627 $4,014,240 $2,462,962 $4,198,747 $10,675,949 Induced1 48.47 $68,266 $3,308,864 $2,775,084 $3,420,285 $9,504,233 County 295.17 $126,945 $37,470,499 $29,889,557 $53,647,964 $121,008,020 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect 89.34 $112,203 $10,024,188 $5,135,268 $9,956,867 $25,116,322 Induced 97.83 $68,273 $6,679,127 $5,602,786 $6,904,231 $19,186,145 City 201.59 $144,449 $29,118,842 $24,520,530 $45,217,415 $98,856,787 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect1 44.67 $112,203 $5,012,094 $2,567,634 $4,978,433 $12,558,161 Induced1 48.92 $68,273 $3,339,564 $2,801,393 $3,452,116 $9,593,072 Grand Total - County 948.71 $113,799 $107,962,650 $69,481,171 $139,613,146 $317,056,967 Grand Total - City 686.86 $124,541 $85,541,758 $54,048,746 $116,544,820 $256,135,324 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Industrial Building Three Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Page 1 of 2    APPENDIX B EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ONE-TIME ECONOMIC IMPACTS OF THE PROJECT     Appendix B South Coast Technology Center Project City of Santa Ana One-time Economic Impact (2024$) Per Employee Aggregate Vertical Construction County 653.17 $80,678 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect 52.82 $92,997 $4,912,090 $3,413,289 $5,910,528 $14,235,907 Induced 143.35 $68,238 $9,781,864 $8,192,471 $10,109,305 $28,083,641 City 555.09 $81,699 $45,349,646 $6,929,022 $32,381,106 $84,659,774 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect1 26.41 $92,997 $2,456,045 $1,706,645 $2,955,264 $7,117,954 Induced1 71.68 $68,238 $4,890,932 $4,096,236 $5,054,652 $14,041,820 Grand Total - County 653.17 $80,678 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Grand Total - City 555.09 $81,699 $45,349,646 $6,929,022 $32,381,106 $84,659,774 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Total Output Impact Employment Labor Income Other Value Added Intermediate Expenditures Page 2 of 2    18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com     Exhibit 9 - Community Meeting Documents The project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023, and the second meeting was held on January 10, 2024. All materials from the two required community meetings were published, and can be found on the project’s webpage on the City’s website: https://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center- drive/     O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 3100 W Lake Center Dr. 06/28/2024 Publication Total $136.95 $136.95 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3826732 !A000006798127! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) located within the Specific Development No. 58 (SD-58) Project Applicant:Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project:Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor's Parcel Nos. (APNs) 414-272- 09, 414-272-10, and 414-261-01. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be filed for this project. Meeting Details:This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom.For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-building-meeting-participation/. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m.on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacinto@santa- ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 6/28/24 OR-3826732#     CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) located within the Specific Development No. 58 (SD-58) Project Applicant: Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project: Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development (“South Coast Technology Center”). The subject site is comprised of several parcels, including Assessor’s Parcel Nos. (APNs) 414-272-09, 414-272-10, and 414-261-01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal.     Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacinto@santa-ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP