Agenda packet — Santa Ana City Council, August 16, 2022 (part 7 of 7)

0.000478 0.00047 0.000464 0.000459 0.000455 0.000452 0.00045 0.00045 0.00045 0.000450.001037 0.000954 0.000883 0.000808 0.000741 0.000702 0.00065 0.00065 0.00065 0.00065

0.00055 0.000533 0.000519 0.000506 0.000497 0.000491 0.000485 0.000485 0.000485 0.0004850.00322 0.003228 0.003236 0.003239 0.003248 0.003255 0.003262 0.003262 0.003262 0.003262

0.000496 0.000486 0.000478 0.000472 0.000466 0.000463 0.000461 0.000461 0.000461 0.0004610.003179 0.003181 0.003184 0.003186 0.003188 0.00319 0.003189 0.003189 0.003189 0.0031890.000946 0.000947 0.000947 0.000947 0.000947 0.00095 0.000952 0.000952 0.000952 0.0009520.008803 0.008723 0.008635 0.008561 0.008487 0.00839 0.008309 0.008309 0.008309 0.0083090.000937 0.000941 0.000944 0.000946 0.000948 0.000951 0.000953 0.000953 0.000953 0.0009530.010801 0.010756 0.010693 0.010636 0.010561 0.010417 0.010179 0.010179 0.010179 0.0101790.000419 0.000409 0.0004 0.000391 0.000384 0.00038 0.000377 0.000377 0.000377 0.0003770.000829 0.000801 0.000779 0.000761 0.000747 0.000734 0.000674 0.000674 0.000674 0.0006740.000765 0.000767 0.000768 0.000769 0.00077 0.000771 0.000772 0.000772 0.000772 0.0007720.004245 0.004189 0.00414 0.004094 0.004052 0.004017 0.003985 0.003985 0.003985 0.0039850.000771 0.000771 0.000772 0.000772 0.000773 0.000773 0.000774 0.000774 0.000774 0.0007740.018976 0.018959 0.01895 0.018944 0.01894 0.018939 0.018938 0.018938 0.018938 0.018938 EMFAC2021 only has up to 2050. Used 2050 values for beyond 2050.

Apx-185
 City Council 19 – 3988/16/2022 

APPENDIX D

CALEEMOD MODEL ANNUAL EMISSIONS PRINTOUTS AND EMFAC DATA Apx-186
City Council 19 – 399 8/16/2022
19386 Cabrillo at First Mixed-Use Residential
Orange County, Annual
Project Characteristics -
Land Use - 1.4 ac w/ 35 MF DU (bldgs total ~73,500 sf), 13,889 sf of open space, & parking lot w/ 11 open/guet parking spaces (77 total spaces, however 66 are garages). Assumed ~25% site (~0.35 acres) paving of parking & on-site driveways.

Construction Phase - Construction anticipated to begin 5/12/2022 & be completed by 8/16/2023.

Grading - Site anticipated to balance.

Demolition - ~19,175 sf parking lot paving to be removed (19,175sfx0.3in=5,752.5cu ftx45lbs/cf2=258,862.5lbs= ~129.4 tons).

Vehicle Trips - Per Project Trip Gen, 6.74 trips/DU/day weekday. ITE Trip Generation Manual 11th Edition utilized for Saturday (4.55 trips/DU/day) & Sunday (3.86 trips/DU/day) trip gen rates.

Woodstoves - SCAQMD Rule 445 prohibits the installation of wood burning devices in new developments.

Sequestration - 72 new trees to be planted.

Construction Off-road Equipment Mitigation -

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 35.00 Dwelling Unit 0.73 73,500.00 100 Other Non-Asphalt Surfaces 13.89 1000sqft 0.32 13,889.00 0 Parking Lot 11.00 Space 0.35 15,246.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
8 Wind Speed (m/s) 2.2 Precipitation Freq (Days) 30

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Southern California Edison
Operational Year 2023
CO2 Intensity
(lb/MWhr)
390.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-187
City Council 19 – 400 8/16/2022
Mobile Land Use Mitigation - Site is ~0.02 miles west & south of OCTA Rte 64 stop 1st-Carbillo Park & ~1.81 miles SE of downtown portion of Santa Ana.

Sidewalks provided on/connecting off-site. 35 DU/1.4 ac = 25 DU/acre.

Water Mitigation - 20% indoor water reduction per CalGreen Standards. Water-efficient irrigation systems.

Waste Mitigation - AB 341 requires each jurisdiction in CA to divert at least 75% of their waste away from landfills by 2020.

Table Name Column Name Default Value New Value
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstructionPhase NumDays 10.00 14.00
tblConstructionPhase NumDays 200.00 270.00
tblConstructionPhase NumDays 20.00 27.00
tblConstructionPhase NumDays 4.00 5.00
tblConstructionPhase NumDays 10.00 14.00
tblConstructionPhase PhaseEndDate 4/20/2023 8/16/2023
tblConstructionPhase PhaseEndDate 3/23/2023 7/9/2023
tblConstructionPhase PhaseEndDate 6/8/2022 6/17/2022
tblConstructionPhase PhaseEndDate 6/16/2022 6/24/2022
tblConstructionPhase PhaseEndDate 4/6/2023 7/27/2023
tblConstructionPhase PhaseStartDate 4/7/2023 7/28/2023
tblConstructionPhase PhaseStartDate 6/17/2022 6/25/2022 tblConstructionPhase PhaseStartDate 6/11/2022 6/18/2022 tblConstructionPhase PhaseStartDate 3/24/2023 7/10/2023 tblFireplaces NumberGas 29.75 31.50
tblFireplaces NumberWood 1.75 0.00
tblLandUse LandUseSquareFeet 35,000.00 73,500.00
tblLandUse LandUseSquareFeet 4,400.00 15,246.00
tblLandUse LotAcreage 2.19 0.73
tblLandUse LotAcreage 0.10 0.35
tblSequestration NumberOfNewTrees 0.00 72.00
tblVehicleTrips ST_TR 8.14 4.55
tblVehicleTrips SU_TR 6.28 3.86
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-188
City Council 19 – 401 8/16/2022

2.0 Emissions Summary
tblVehicleTrips WD_TR 7.32 6.74
tblWoodstoves NumberCatalytic 1.75 0.00
tblWoodstoves NumberNoncatalytic 1.75 0.00
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-189
City Council 19 – 402 8/16/2022

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.1471 1.1465 1.1652 2.2400e0030.0527 0.0534 0.1060 0.0178 0.0511 0.0689 0.0000 190.7813 190.7813 0.0313 2.2900e003192.2464 2023 0.3512 0.8709 1.0114 1.9500e0030.0328 0.0376 0.0704 8.7900e0030.0363 0.0451 0.0000 165.7865 165.7865 0.0247 2.1000e003167.0282 Maximum 0.3512 1.1465 1.1652 2.2400e0030.0527 0.0534 0.1060 0.0178 0.0511 0.0689 0.0000 190.7813 190.7813 0.0313 2.2900e003192.2464 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.1471 1.1465 1.1652 2.2400e0030.0410 0.0534 0.0944 0.0124 0.0511 0.0635 0.0000 190.7811 190.7811 0.0313 2.2900e003192.2462 2023 0.3512 0.8709 1.0114 1.9500e0030.0328 0.0376 0.0704 8.7900e0030.0363 0.0451 0.0000 165.7863 165.7863 0.0247 2.1000e003167.0281 Maximum 0.3512 1.1465 1.1652 2.2400e0030.0410 0.0534 0.0944 0.0124 0.0511 0.0635 0.0000 190.7811 190.7811 0.0313 2.2900e003192.2462 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-190
City Council 19 – 403 8/16/2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 13.64 0.00 6.60 20.14 0.00 4.70 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 5-12-2022 8-11-2022 0.5432 0.5432
2 8-12-2022 11-11-2022 0.4854 0.4854
3 11-12-2022 2-11-2023 0.4705 0.4705
4 2-12-2023 5-11-2023 0.4369 0.4369
5 5-12-2023 8-11-2023 0.5216 0.5216
6 8-12-2023 9-30-2023 0.0624 0.0624
Highest 0.5432 0.5432
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-191
City Council 19 – 404 8/16/2022

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137 Energy 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 49.0996 49.0996 2.6300e0036.9000e00449.3711 Mobile 0.1045 0.1216 1.0944 2.5300e0030.2710 1.7400e0030.2728 0.0723 1.6200e0030.0740 0.0000 235.6993 235.6993 0.0142 9.8100e003238.9794 Waste 0.0000 0.0000 0.0000 0.0000 3.2682 0.0000 3.2682 0.1931 0.0000 8.0967 Water 0.0000 0.0000 0.0000 0.0000 0.7235 8.0985 8.8220 0.0750 1.8400e00311.2443 Total 0.4094 0.1523 1.4671 2.7200e0030.2710 5.8900e0030.2769 0.0723 5.7700e0030.0781 3.9916 301.0519 305.0435 0.2857 0.0125 315.9052 Unmitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-192
City Council 19 – 405 8/16/2022

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137 Energy 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 49.0996 49.0996 2.6300e0036.9000e00449.3711 Mobile 0.0781 0.0742 0.6644 1.3400e0030.1409 9.8000e0040.1419 0.0376 9.1000e0040.0385 0.0000 124.8408 124.8408 9.4100e0036.0700e003126.8853 Waste 0.0000 0.0000 0.0000 0.0000 0.8170 0.0000 0.8170 0.0483 0.0000 2.0242 Water 0.0000 0.0000 0.0000 0.0000 0.5788 7.0453 7.6241 0.0600 1.4800e0039.5649 Total 0.3830 0.1050 1.0370 1.5300e0030.1409 5.1300e0030.1460 0.0376 5.0600e0030.0427 1.3958 189.1403 190.5361 0.1211 8.3800e003196.0591 Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

6.46 31.10 29.31 43.75 48.02 12.90 47.28 48.02 12.31 45.38 65.03 37.17 37.54 57.62 32.85 37.94 CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-193
City Council 19 – 406 8/16/2022

3.0 Construction Detail

2.3 Vegetation
CO2e
Category MT
New Trees 50.9760
Total 50.9760
Vegetation
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 5/12/2022 6/17/2022 5 27
2 Grading Grading 6/18/2022 6/24/2022 5 5
3 Building Construction Building Construction 6/25/2022 7/9/2023 5 270 4 Paving Paving 7/10/2023 7/27/2023 5 14
5 Architectural Coating Architectural Coating 7/28/2023 8/16/2023 5 14 Residential Indoor: 148,838; Residential Outdoor: 49,613; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 1,748 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 0
Acres of Grading (Grading Phase): 5
Acres of Paving: 0.67
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-194
City Council 19 – 407 8/16/2022
OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 1 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 6.00 231 0.29
Building Construction Forklifts 1 6.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 1 6.00 130 0.42
Paving Paving Equipment 1 8.00 132 0.36
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37
Building Construction Welders 3 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 5 13.00 0.00 13.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 37.00 9.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Paving 5 13.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 7.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-195
City Council 19 – 408 8/16/2022

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 1.3800e0030.0000 1.3800e0032.1000e0040.0000 2.1000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0228 0.2244 0.1885 3.3000e0040.0113 0.0113 0.0106 0.0106 0.0000 28.4549 28.4549 7.2500e0030.0000 28.6362 Total 0.0228 0.2244 0.1885 3.3000e0041.3800e0030.0113 0.0127 2.1000e0040.0106 0.0108 0.0000 28.4549 28.4549 7.2500e0030.0000 28.6362 Unmitigated Construction On-Site

3.1 Mitigation Measures Construction
Water Exposed Area
Reduce Vehicle Speed on Unpaved Roads
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-196
City Council 19 – 409 8/16/2022

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 3.0000e0051.0600e0032.9000e0040.0000 1.1000e0041.0000e0051.2000e0043.0000e0051.0000e0054.0000e0050.0000 0.3987 0.3987 4.0000e0056.0000e0050.4187 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.3000e0044.0000e0045.5000e0032.0000e0051.9300e0031.0000e0051.9400e0035.1000e0041.0000e0055.2000e0040.0000 1.5227 1.5227 4.0000e0054.0000e0051.5349 Total 5.6000e0041.4600e0035.7900e0032.0000e0052.0400e0032.0000e0052.0600e0035.4000e0042.0000e0055.6000e0040.0000 1.9214 1.9214 8.0000e0051.0000e0041.9536 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 5.4000e0040.0000 5.4000e0048.0000e0050.0000 8.0000e0050.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0228 0.2244 0.1885 3.3000e0040.0113 0.0113 0.0106 0.0106 0.0000 28.4548 28.4548 7.2500e0030.0000 28.6361 Total 0.0228 0.2244 0.1885 3.3000e0045.4000e0040.0113 0.0119 8.0000e0050.0106 0.0107 0.0000 28.4548 28.4548 7.2500e0030.0000 28.6361 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-197
City Council 19 – 410 8/16/2022

3.3 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0177 0.0000 0.0177 8.5600e0030.0000 8.5600e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.8500e0030.0425 0.0231 5.0000e0051.8600e0031.8600e0031.7100e0031.7100e0030.0000 4.5257 4.5257 1.4600e0030.0000 4.5623 Total 3.8500e0030.0425 0.0231 5.0000e0050.0177 1.8600e0030.0196 8.5600e0031.7100e0030.0103 0.0000 4.5257 4.5257 1.4600e0030.0000 4.5623 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-198
City Council 19 – 411 8/16/2022

3.3 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 8.0000e0056.0000e0057.8000e0040.0000 2.7000e0040.0000 2.8000e0047.0000e0050.0000 7.0000e0050.0000 0.2169 0.2169 1.0000e0051.0000e0050.2187 Total 8.0000e0056.0000e0057.8000e0040.0000 2.7000e0040.0000 2.8000e0047.0000e0050.0000 7.0000e0050.0000 0.2169 0.2169 1.0000e0051.0000e0050.2187 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 6.9100e0030.0000 6.9100e0033.3400e0030.0000 3.3400e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.8500e0030.0425 0.0231 5.0000e0051.8600e0031.8600e0031.7100e0031.7100e0030.0000 4.5257 4.5257 1.4600e0030.0000 4.5623 Total 3.8500e0030.0425 0.0231 5.0000e0056.9100e0031.8600e0038.7700e0033.3400e0031.7100e0035.0500e0030.0000 4.5257 4.5257 1.4600e0030.0000 4.5623 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-199
City Council 19 – 412 8/16/2022

3.4 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1113 0.8440 0.8590 1.4900e0030.0398 0.0398 0.0384 0.0384 0.0000 122.5644 122.5644 0.0214 0.0000 123.0981 Total 0.1113 0.8440 0.8590 1.4900e0030.0398 0.0398 0.0384 0.0384 0.0000 122.5644 122.5644 0.0214 0.0000 123.0981 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-200
City Council 19 – 413 8/16/2022

3.4 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0000e0030.0286 9.8400e0031.2000e0043.8300e0032.7000e0044.0900e0031.1000e0032.5000e0041.3600e0030.0000 11.4293 11.4293 6.5000e0041.6400e00311.9341 Worker 7.5300e0035.6600e0030.0782 2.3000e0040.0274 1.5000e0040.0276 7.2800e0031.4000e0047.4200e0030.0000 21.6687 21.6687 5.4000e0045.4000e00421.8434 Total 8.5300e0030.0342 0.0881 3.5000e0040.0313 4.2000e0040.0317 8.3800e0033.9000e0048.7800e0030.0000 33.0980 33.0980 1.1900e0032.1800e00333.7776 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1113 0.8440 0.8590 1.4900e0030.0398 0.0398 0.0384 0.0384 0.0000 122.5643 122.5643 0.0214 0.0000 123.0979 Total 0.1113 0.8440 0.8590 1.4900e0030.0398 0.0398 0.0384 0.0384 0.0000 122.5643 122.5643 0.0214 0.0000 123.0979 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-201
City Council 19 – 414 8/16/2022

3.4 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1028 0.7905 0.8513 1.4900e0030.0347 0.0347 0.0335 0.0335 0.0000 122.5794 122.5794 0.0208 0.0000 123.0998 Total 0.1028 0.7905 0.8513 1.4900e0030.0347 0.0347 0.0335 0.0335 0.0000 122.5794 122.5794 0.0208 0.0000 123.0998 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-202
City Council 19 – 415 8/16/2022

3.4 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e0040.0223 8.9600e0031.1000e0043.8300e0031.1000e0043.9400e0031.1000e0031.0000e0041.2100e0030.0000 10.8885 10.8885 6.5000e0041.5600e00311.3706 Worker 7.0600e0035.0400e0030.0729 2.3000e0040.0274 1.4000e0040.0276 7.2800e0031.3000e0047.4100e0030.0000 21.1074 21.1074 4.9000e0045.0000e00421.2696 Total 7.6600e0030.0273 0.0818 3.4000e0040.0313 2.5000e0040.0315 8.3800e0032.3000e0048.6200e0030.0000 31.9959 31.9959 1.1400e0032.0600e00332.6402 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1028 0.7905 0.8513 1.4900e0030.0347 0.0347 0.0335 0.0335 0.0000 122.5793 122.5793 0.0208 0.0000 123.0996 Total 0.1028 0.7905 0.8513 1.4900e0030.0347 0.0347 0.0335 0.0335 0.0000 122.5793 122.5793 0.0208 0.0000 123.0996 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-203
City Council 19 – 416 8/16/2022

3.5 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 4.5100e0030.0437 0.0616 9.0000e0052.1600e0032.1600e0031.9900e0031.9900e0030.0000 8.2407 8.2407 2.6100e0030.0000 8.3060 Paving 4.6000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.9700e0030.0437 0.0616 9.0000e0052.1600e0032.1600e0031.9900e0031.9900e0030.0000 8.2407 8.2407 2.6100e0030.0000 8.3060 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-204
City Council 19 – 417 8/16/2022

3.5 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.6000e0041.8000e0042.6500e0031.0000e0051.0000e0031.0000e0051.0000e0032.7000e0040.0000 2.7000e0040.0000 0.7691 0.7691 2.0000e0052.0000e0050.7750 Total 2.6000e0041.8000e0042.6500e0031.0000e0051.0000e0031.0000e0051.0000e0032.7000e0040.0000 2.7000e0040.0000 0.7691 0.7691 2.0000e0052.0000e0050.7750 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 4.5100e0030.0437 0.0616 9.0000e0052.1600e0032.1600e0031.9900e0031.9900e0030.0000 8.2407 8.2407 2.6100e0030.0000 8.3060 Paving 4.6000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 4.9700e0030.0437 0.0616 9.0000e0052.1600e0032.1600e0031.9900e0031.9900e0030.0000 8.2407 8.2407 2.6100e0030.0000 8.3060 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-205
City Council 19 – 418 8/16/2022

3.6 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.4000e0041.0000e0041.4300e0030.0000 5.4000e0040.0000 5.4000e0041.4000e0040.0000 1.5000e0040.0000 0.4141 0.4141 1.0000e0051.0000e0050.4173 Total 1.4000e0041.0000e0041.4300e0030.0000 5.4000e0040.0000 5.4000e0041.4000e0040.0000 1.5000e0040.0000 0.4141 0.4141 1.0000e0051.0000e0050.4173 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.2340 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.3400e0039.1200e0030.0127 2.0000e0055.0000e0045.0000e0045.0000e0045.0000e0040.0000 1.7873 1.7873 1.1000e0040.0000 1.7900 Total 0.2354 9.1200e0030.0127 2.0000e0055.0000e0045.0000e0045.0000e0045.0000e0040.0000 1.7873 1.7873 1.1000e0040.0000 1.7900 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-207
City Council 19 – 420 8/16/2022

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
Increase Density
Improve Destination Accessibility
Increase Transit Accessibility
Improve Pedestrian Network
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-208
City Council 19 – 421 8/16/2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.0781 0.0742 0.6644 1.3400e0030.1409 9.8000e0040.1419 0.0376 9.1000e0040.0385 0.0000 124.8408 124.8408 9.4100e0036.0700e003126.8853 Unmitigated 0.1045 0.1216 1.0944 2.5300e0030.2710 1.7400e0030.2728 0.0723 1.6200e0030.0740 0.0000 235.6993 235.6993 0.0142 9.8100e003238.9794

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Apartments Low Rise 235.90 159.25 135.10 719,481 373,964 Other Non-Asphalt Surfaces 0.00 0.00 0.00
Parking Lot 0.00 0.00 0.00
Total 235.90 159.25 135.10 719,481 373,964
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 14.70 5.90 8.70 40.20 19.20 40.60 86 11 3 Other Non-Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 Parking Lot 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.544795 0.058861 0.186903 0.129401 0.024381 0.006522 0.014242 0.004855 0.000656 0.000385 0.024332 0.000723 0.003942 Other Non-Asphalt Surfaces 0.544795 0.058861 0.186903 0.129401 0.024381 0.006522 0.014242 0.004855 0.000656 0.000385 0.024332 0.000723 0.003942 CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-209
City Council 19 – 422 8/16/2022
Parking Lot 0.544795 0.058861 0.186903 0.129401 0.024381 0.006522 0.014242 0.004855 0.000656 0.000385 0.024332 0.000723 0.003942

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 25.9039 25.9039 2.1900e0032.7000e00426.0376 Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 25.9039 25.9039 2.1900e0032.7000e00426.0376 NaturalGas
Mitigated

2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335 NaturalGas
Unmitigated

2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335

5.1 Mitigation Measures Energy
Historical Energy Use: N
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-210
City Council 19 – 423 8/16/2022

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Apartments Low
Rise
434670 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335 Other NonAsphalt Surfaces0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-211
City Council 19 – 424 8/16/2022

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Apartments Low
Rise
434670 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335 Other NonAsphalt Surfaces0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 2.3400e0030.0200 8.5200e0031.3000e0041.6200e0031.6200e0031.6200e0031.6200e0030.0000 23.1956 23.1956 4.4000e0044.3000e00423.3335 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 26 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-212
City Council 19 – 425 8/16/2022

6.1 Mitigation Measures Area

6.0 Area Detail

5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Apartments Low
Rise
140729 24.9576 2.1100e0032.6000e00425.0864
Other NonAsphalt Surfaces0 0.0000 0.0000 0.0000 0.0000 Parking Lot 5336.1 0.9463 8.0000e0051.0000e0050.9512
Total 25.9039 2.1900e0032.7000e00426.0376
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 28 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-214
City Council 19 – 427 8/16/2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137 Unmitigated 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

0.0234 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.2675 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 7.6000e0046.5300e0032.7800e0034.0000e0055.3000e0045.3000e0045.3000e0045.3000e0040.0000 7.5643 7.5643 1.4000e0041.4000e0047.6093 Landscaping 0.0109 4.1600e0030.3613 2.0000e0052.0000e0032.0000e0032.0000e0032.0000e0030.0000 0.5902 0.5902 5.7000e0040.0000 0.6044 Total 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 29 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-215
City Council 19 – 428 8/16/2022
Apply Water Conservation Strategy
Use Water Efficient Irrigation System

7.1 Mitigation Measures Water

7.0 Water Detail

0.0234 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.2675 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 7.6000e0046.5300e0032.7800e0034.0000e0055.3000e0045.3000e0045.3000e0045.3000e0040.0000 7.5643 7.5643 1.4000e0041.4000e0047.6093 Landscaping 0.0109 4.1600e0030.3613 2.0000e0052.0000e0032.0000e0032.0000e0032.0000e0030.0000 0.5902 0.5902 5.7000e0040.0000 0.6044 Total 0.3026 0.0107 0.3641 6.0000e0052.5300e0032.5300e0032.5300e0032.5300e0030.0000 8.1545 8.1545 7.1000e0041.4000e0048.2137 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 30 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-216
City Council 19 – 429 8/16/2022
Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 7.6241 0.0600 1.4800e0039.5649
Unmitigated 8.8220 0.0750 1.8400e00311.2443

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Low
Rise

2.28039 /

1.43764

8.8220 0.0750 1.8400e00311.2443
Other NonAsphalt Surfaces0 / 0 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000
Total 8.8220 0.0750 1.8400e00311.2443
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 31 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-217
City Council 19 – 430 8/16/2022

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Low
Rise

1.82431 /

1.43764

7.6241 0.0600 1.4800e0039.5649
Other NonAsphalt Surfaces0 / 0 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000
Total 7.6241 0.0600 1.4800e0039.5649
Mitigated

8.1 Mitigation Measures Waste
Institute Recycling and Composting Services

8.0 Waste Detail
CalEEMod Version: CalEEMod.2020.4.0 Page 32 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-218
City Council 19 – 431 8/16/2022
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 0.8170 0.0483 0.0000 2.0242
Unmitigated 3.2682 0.1931 0.0000 8.0967
Category/Year

8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Low
Rise

16.1 3.2682 0.1931 0.0000 8.0967
Other NonAsphalt Surfaces0 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Total 3.2682 0.1931 0.0000 8.0967
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 33 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-219
City Council 19 – 432 8/16/2022

8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Low
Rise

4.025 0.8170 0.0483 0.0000 2.0242
Other NonAsphalt Surfaces0 0.0000 0.0000 0.0000 0.0000 Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Total 0.8170 0.0483 0.0000 2.0242
Mitigated

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2020.4.0 Page 34 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-220
City Council 19 – 433 8/16/2022

11.0 Vegetation
Total CO2 CH4 N2O CO2e
Category MT
Unmitigated 50.9760 0.0000 0.0000 50.9760

11.2 Net New Trees
Number of
Trees
Total CO2 CH4 N2O CO2e
MT
Miscellaneous 72 50.9760 0.0000 0.0000 50.9760
Total 50.9760 0.0000 0.0000 50.9760
Species Class
CalEEMod Version: CalEEMod.2020.4.0 Page 35 of 35 Date: 11/10/2021 12:48 PM 19386 Cabrillo at First Mixed-Use Residential - Orange County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Apx-221
City Council 19 – 434 8/16/2022
Source: EMFAC2021 (v1.0.1) Emissions Inventory
Region Type: Air Basin
Region: South Coast
Calendar Year: 2022
Season: Annual
Vehicle Classification: EMFAC2007 Categories
Units: miles/day for CVMT and EVMT, trips/day for Trips, kWh/day for Energy Consumption, tons/day for Emissions, 1000 gallons/day for Fuel Consumption Region Calendar Year Vehicle Category Model Year Speed Fuel Population Trips Energy Consumption Fuel Consumption Fuel Consumption Total Fuel Consumption Total VMT Total VMT Miles Per Gallon Vehicle Class South Coast 2022 HHDT Aggregate Aggregate Gasoline 93.77521787 1876.254559 0 1.271766939 1271.766939 1998484.407 4872.85011 11739264.89 5.87 HHDT South Coast 2022 HHDT Aggregate Aggregate Diesel 86344.61493 1308488.279 0 1883.165573 1883165.573 11080949.98 South Coast 2022 HHDT Aggregate Aggregate Natural Gas 9530.013799 64445.55712 0 114.0470669 114047.0669 653442.0558 South Coast 2022 LDA Aggregate Aggregate Gasoline 5432984.929 25333114.49 0 7742.158581 7742158.581 7863292.337 217937990 233491817.2 29.69 LDA South Coast 2022 LDA Aggregate Aggregate Diesel 16596.66266 70061.62945 0 12.98213336 12982.13336 525055.9524 South Coast 2022 LDA Aggregate Aggregate Electricity 204269.3588 1027049.78 3533212.262 0 0 9151442.882 South Coast 2022 LDA Aggregate Aggregate Plug-in Hybrid 123066.1719 508878.6208 856005.7326 108.1516236 108151.6236 5877328.413 South Coast 2022 LDT1 Aggregate Aggregate Gasoline 508118.9525 2234897.36 0 772.6742907 772674.2907 773091.3918 18186231.22 18233327.62 23.58 LDT1 South Coast 2022 LDT1 Aggregate Aggregate Diesel 219.3543012 650.4955004 0 0.181276274 181.2762739 4217.627426 South Coast 2022 LDT1 Aggregate Aggregate Electricity 860.4090968 3929.280026 11231.02673 0 0 29089.70421 South Coast 2022 LDT1 Aggregate Aggregate Plug-in Hybrid 262.0628223 1083.62977 2172.476691 0.2358249 235.8249004 13789.07098 South Coast 2022 LDT2 Aggregate Aggregate Gasoline 2380478.996 11180656.67 0 4304.779926 4304779.926 4326812.467 97358601.17 97676672.01 22.57 LDT2 South Coast 2022 LDT2 Aggregate Aggregate Diesel 7265.359325 35160.20236 0 10.4792726 10479.2726 318070.8386 South Coast 2022 LDT2 Aggregate Aggregate Electricity 6619.441536 34120.34272 95194.32476 0 0 246564.7012 South Coast 2022 LDT2 Aggregate Aggregate Plug-in Hybrid 12770.05734 52804.18709 99473.18925 11.55326881 11553.26881 651602.4969 South Coast 2022 LHDT1 Aggregate Aggregate Gasoline 200207.0512 2982786.755 0 596.2532604 596253.2604 791494.8201 7670055.089 11609061.87 14.67 LHDT1 South Coast 2022 LHDT1 Aggregate Aggregate Diesel 95425.65716 1200334.722 0 195.2415597 195241.5597 3939006.782 South Coast 2022 LHDT2 Aggregate Aggregate Gasoline 31310.70271 466482.8175 0 100.8426005 100842.6005 201968.3332 1148331.498 2852151.512 14.12 LHDT2 South Coast 2022 LHDT2 Aggregate Aggregate Diesel 41221.34914 518512.7157 0 101.1257327 101125.7327 1703820.013 South Coast 2022 MCY Aggregate Aggregate Gasoline 232866.3127 465732.6253 0 36.03993715 36039.93715 36039.93715 1478622.183 1478622.183 41.03 MCY South Coast 2022 MDV Aggregate Aggregate Gasoline 1546490.389 7140651.876 0 3192.182291 3192182.291 3233168.731 58964077.19 60366385.9 18.67 MDV South Coast 2022 MDV Aggregate Aggregate Diesel 19342.84345 91596.79576 0 34.03297982 34032.97982 777527.7955 South Coast 2022 MDV Aggregate Aggregate Electricity 6696.74782 34502.63749 96159.45426 0 0 249064.5022 South Coast 2022 MDV Aggregate Aggregate Plug-in Hybrid 8117.761373 33566.94328 55475.93063 6.953460429 6953.460429 375716.4182 South Coast 2022 MH Aggregate Aggregate Gasoline 31850.36852 3186.310866 0 60.85222666 60852.22666 71928.89964 295792.8678 407742.3745 5.67 MH South Coast 2022 MH Aggregate Aggregate Diesel 11356.53565 1135.653565 0 11.07667298 11076.67298 111949.5066 South Coast 2022 MHDT Aggregate Aggregate Gasoline 26007.04178 520348.8919 0 274.1467882 274146.7882 819392.7308 1387695.111 6218651.542 7.59 MHDT South Coast 2022 MHDT Aggregate Aggregate Diesel 111240.7041 1363402.45 0 537.3888811 537388.8811 4766318.794 South Coast 2022 MHDT Aggregate Aggregate Natural Gas 1338.762023 12270.86005 0 7.857061417 7857.061417 64637.63673 South Coast 2022 OBUS Aggregate Aggregate Gasoline 5619.001977 112424.9916 0 46.10429672 46104.29672 82591.31041 229489.8627 490521.1159 5.94 OBUS South Coast 2022 OBUS Aggregate Aggregate Diesel 2896.768075 36743.40436 0 32.79511564 32795.11564 229036.0369 South Coast 2022 OBUS Aggregate Aggregate Natural Gas 537.7361163 4785.851435 0 3.691898056 3691.898056 31995.21632 South Coast 2022 SBUS Aggregate Aggregate Gasoline 2656.068282 10624.27313 0 13.13398403 13133.98403 40315.41184 115961.1562 260029.2373 6.45 SBUS South Coast 2022 SBUS Aggregate Aggregate Diesel 3463.174133 50146.76145 0 9.812107071 9812.107071 71631.6642 South Coast 2022 SBUS Aggregate Aggregate Natural Gas 2857.078854 41370.50181 0 17.36932074 17369.32074 72436.41685 South Coast 2022 UBUS Aggregate Aggregate Gasoline 892.5609011 3570.243605 0 14.15154342 14151.54342 205291.0561 96764.45551 693436.26 3.38 UBUS South Coast 2022 UBUS Aggregate Aggregate Diesel 15.79905129 63.19620517 0 0.277029151 277.0291511 1863.133553 South Coast 2022 UBUS Aggregate Aggregate Electricity 58.06621632 232.2648653 5333.126445 0 0 2542.871299 South Coast 2022 UBUS Aggregate Aggregate Natural Gas 4946.181814 19784.72726 0 190.8624835 190862.4835 592265.7996 Apx-222
City Council 19 – 435 8/16/2022
Source: EMFAC2021 (v1.0.1) Emissions Inventory
Region Type: Air Basin
Region: South Coast
Calendar Year: 2023
Season: Annual
Vehicle Classification: EMFAC2007 Categories
Units: miles/day for CVMT and EVMT, trips/day for Trips, kWh/day for Energy Consumption, tons/day for Emissions, 1000 gallons/day for Fuel Consumption Region Calendar Year Vehicle Category Model Year Speed Fuel Population Trips Energy Consumption Fuel Consumption Fuel Consumption Total Fuel Consumption Total VMT Total VMT Miles Per Gallon Vehicle Class South Coast 2023 HHDT Aggregate Aggregate Gasoline 77.76705152 1555.963167 0 1.13577086 1135.77086 1902570.073 4463.059823 11350616.67 5.97 HHDT South Coast 2023 HHDT Aggregate Aggregate Diesel 88939.48335 1354183.938 0 1901.434302 1901434.302 11341687.62 South Coast 2023 HHDT Aggregate Aggregate Electricity 69.55210742 1090.269168 7969.44745 0 0 4465.990707 South Coast 2023 HHDT Aggregate Aggregate Natural Gas 9734.51825 62334.09461 0 108.4243363 108424.3363 7680508.917 635905.4264 228542169.3 29.76 LDA South Coast 2023 LDA Aggregate Aggregate Gasoline 5370115.979 25014254.84 0 7560.140191 7560140.191 216250190.4 South Coast 2023 LDA Aggregate Aggregate Diesel 15648.45784 65526.69936 0 11.94439033 11944.39033 486634.8854 South Coast 2023 LDA Aggregate Aggregate Electricity 241152.5368 1208859.723 4312325.17 0 0 11169438.62 South Coast 2023 LDA Aggregate Aggregate Plug-in Hybrid 136333.5236 563739.1202 971420.6342 116.5989322 116598.9322 870253.2499 6496196.814 24547955.06 28.21 LDT1 South Coast 2023 LDT1 Aggregate Aggregate Gasoline 499113.9009 2195668.394 0 753.4930394 753493.0394 18009866.74 South Coast 2023 LDT1 Aggregate Aggregate Diesel 197.6298759 575.4909742 0 0.161278255 161.278255 3756.265001 South Coast 2023 LDT1 Aggregate Aggregate Electricity 1012.723437 4715.252993 14723.34847 0 0 38135.23576 South Coast 2023 LDT1 Aggregate Aggregate Plug-in Hybrid 463.9603347 1918.475984 3964.563568 0.400339089 400.3390888 4351441.574 24314.99018 100316975.8 23.05 LDT2 South Coast 2023 LDT2 Aggregate Aggregate Gasoline 2429950.117 11422828.59 0 4340.074795 4340074.795 100292660.9 South Coast 2023 LDT2 Aggregate Aggregate Diesel 7734.815855 37335.71589 0 10.96643985 10966.43985 337920.5463 South Coast 2023 LDT2 Aggregate Aggregate Electricity 11160.73812 57317.98395 159502.5609 0 0 413130.7341 South Coast 2023 LDT2 Aggregate Aggregate Plug-in Hybrid 17128.65814 70827.00142 136848.0138 14.88755019 14887.55019 604831.9262 867992.1123 8688662.767 14.37 LHDT1 South Coast 2023 LHDT1 Aggregate Aggregate Gasoline 200398.3929 2985637.46 0 589.944376 589944.376 7820670.654 South Coast 2023 LHDT1 Aggregate Aggregate Diesel 99896.36028 1256570.543 0 206.0356758 206035.6758 305180.3742 4194656.56 5351327.632 17.53 LHDT2 South Coast 2023 LHDT2 Aggregate Aggregate Gasoline 31213.47663 465034.2937 0 99.14469838 99144.69838 1156671.072 South Coast 2023 LHDT2 Aggregate Aggregate Diesel 43691.53059 549584.4908 0 107.1632097 107163.2097 107163.2097 1828609.129 1828609.129 17.06 MCY South Coast 2023 MCY Aggregate Aggregate Gasoline 237586.076 475172.1521 0 36.88140998 36881.40998 3258846.142 1522726.619 62822547.87 19.28 MDV South Coast 2023 MDV Aggregate Aggregate Gasoline 1559902.035 7210563.701 0 3188.051046 3188051.046 60070040.07 South Coast 2023 MDV Aggregate Aggregate Diesel 19613.50466 92462.53217 0 33.91368569 33913.68569 784655.9403 South Coast 2023 MDV Aggregate Aggregate Electricity 12017.75416 61732.39119 171855.0799 0 0 445125.2375 South Coast 2023 MDV Aggregate Aggregate Plug-in Hybrid 10053.44096 41570.97836 70940.44124 8.322835871 8322.835871 67468.7074 464374.4805 752062.2021 11.15 MH South Coast 2023 MH Aggregate Aggregate Gasoline 30468.55432 3048.074174 0 59.14587153 59145.87153 287687.7216 South Coast 2023 MH Aggregate Aggregate Diesel 11533.11741 1153.311741 0 11.30112611 11301.12611 819648.6117 114141.8155 6302753.398 7.69 MHDT South Coast 2023 MHDT Aggregate Aggregate Gasoline 25436.77287 508938.9517 0 266.1846594 266184.6594 1361855.942 South Coast 2023 MHDT Aggregate Aggregate Diesel 112753.1691 1384256.954 0 542.1628262 542162.8262 4826755.64 South Coast 2023 MHDT Aggregate Aggregate Electricity 60.14211345 769.7741807 1354.591964 0 0 52048.54694 1295.841104 289973.7428 5.57 OBUS South Coast 2023 MHDT Aggregate Aggregate Natural Gas 1405.746156 12603.45034 0 8.268140472 8268.140472 68507.0989 South Coast 2023 OBUS Aggregate Aggregate Gasoline 5457.340752 109190.4738 0 43.78040647 43780.40647 220170.8028 South Coast 2023 OBUS Aggregate Aggregate Diesel 2949.128306 37294.91051 0 33.32983706 33329.83706 50038.16004 233227.1381 381057.5339 7.62 SBUS South Coast 2023 OBUS Aggregate Aggregate Natural Gas 467.0036657 4156.332625 0 3.280062265 3280.062265 28665.48863 South Coast 2023 SBUS Aggregate Aggregate Gasoline 2711.533402 10846.13361 0 13.42826072 13428.26072 119164.9071 South Coast 2023 SBUS Aggregate Aggregate Diesel 3377.128927 48900.82686 0 9.464602039 9464.602039 41441.52119 69271.73995 241028.6401 5.82 UBUS South Coast 2023 SBUS Aggregate Aggregate Electricity 3.674682915 53.20940862 49.36713892 0 0 42.69400814 South Coast 2023 SBUS Aggregate Aggregate Natural Gas 2976.329163 43097.24627 0 17.80624767 17806.24767 74753.64709 South Coast 2023 UBUS Aggregate Aggregate Gasoline 894.3697717 3577.479087 0 14.17067148 14170.67148 96960.55907 South Coast 2023 UBUS Aggregate Aggregate Diesel 14.61165815 58.44663261 0 0.262644403 1749.021883 South Coast 2023 UBUS Aggregate Aggregate Electricity 58.03212573 232.1285029 5326.224873 0 2539.586791 South Coast 2023 UBUS Aggregate Aggregate Natural Gas 4957.576963 19830.30785 0 190.2775974 593592.4153 Apx-223
City Council 19 – 436 8/16/2022

APPENDIX E

METRO EAST MIXED-USE OVERLAY DISTRICT MMRP MEASURES
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City Council 19 – 437 8/16/2022

MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE METRO EAST MIXED-USE

OVERLAY DISTRICT EXPANSION AND ELAN

DEVELOPMENT PROJECTS
P REPARED FOR :

City of Santa Ana, Planning and Building Agency
20 Civic Center Plaza, M20
Santa Ana, CA 92701
Contact: Ali Pezeshkpour, AICP, Senior Planner
(714) 647-5882
P REPARED BY :

ICF
49 Discovery, Suite 250
Irvine, CA 92618
Contact: Chad Beckstrom, AICP
(949) 333-6625
August 2018
Apx-225
City Council 19 – 438 8/16/2022
ICF. 2018. Mitigation Monitoring and Reporting Program for the Metro East Mixed-Use Overlay District Expansion and Elan Development Projects.

August. (ICF 0019.18.) Irvine, CA. Prepared for City of Santa Ana, CA.

Apx-226
City Council 19 – 439 8/16/2022
Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 1 August 2018
ICF 00019.18
Mitigation Monitoring and Reporting Program
Introduction
The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring and reporting program (MMRP) when approving or carrying out a project when an environmental impact report (EIR) identifies measures to reduce potential adverse environmental impacts to less-than-significant levels. An EIR has been prepared for the project that addresses the potential environmental impacts, and, where appropriate, recommends measures to mitigate these impacts. As such, an MMRP is required to ensure that the adopted mitigation measures are implemented successfully. As lead agency for the proposed project, the City of Santa Ana (City) is responsible for adoption and oversight of the MMRP. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties.

Project Overview
The City is proposing to expand the boundaries of the existing approximately 200-acre Metro East Mixed Use (MEMU) Overlay Zone by an additional 33.52 acres, while maintaining the potential development capacity in place. Additionally, the City is considering an application within the expanded MEMU boundaries for the development of a mixed-use project featuring 603 residential apartments and approximately 8,500 square feet (sf) of commercial space on the old Elks Club site at the corner of Lyon and First Street (Elan Project). The MEMU Overlay zoning document would also be updated to refine development standards and allowable land uses. Together these proposals constitute the “proposed project.” The City actions required to approve the proposed project include the following:
 Certify the SEIR and adopt the Mitigation Monitoring and Reporting Program.  Approve the General Plan Amendment.
 Approve the Zone Change.

Monitoring and Reporting Procedures
The MMRP for the proposed project will be in place through all phases of the project, including design, construction, and operation. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems.

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City Council 19 – 440 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 2 August 2018
ICF 00019.18
Mitigation Monitoring and Reporting Program
Implementation
Due to the program- and project-level components of this SEIR, the MMRP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the MEMU Overlay District Expansion and their methods of implementation are listed in Table 1. The mitigation measures, which include several mitigation measures from the program-level component, that pertain to the Elan Development Project are listed in Table 2. Certain inspections and reports may require preparation by qualified individuals, and these are specified as needed. The timing and method of verification for each measure are also specified.

It should also be noted that where applicable, mitigation measures from the 2007 Final MEMU EIR were carried forward into this SEIR, and, for some impacts, new mitigation measures were developed (highlighted gray in the tables below). Mitigation measures carried forward from the 2007 Final MEMU EIR maintained their original numbering and naming convention from the MEMU EIR and begin with “MM-OZ” in this MMRP.

Project Contact Information
Lead Agency:

City of Santa Ana, Planning and Building Agency
20 Civic Center Plaza, M20
Santa Ana, CA 92702
Contact Person/Telephone:

Ali Pezeshkpour, AICP, Senior Planner
(714) 647-5882
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City Council 19 – 441 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 3 August 2018 ICF 00019.18
Table 1. Mitigation Monitoring and Reporting Program for the Metro East Mixed-Use Overlay District Expansion Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing

AIR QUALITY
MM-OZ 4.2-2 The developer shall require by contract specifications that all diesel-powered equipment used would be retrofitted with aftertreatment products (e.g., engine catalysts and other technologies available at the time construction commences) when construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-3 The developer shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site would use low-NOx diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin at the time construction activities commence. This requirement shall not apply to diesel-powered trucks traveling to and from the project site. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-4 The developer shall require by contract specifications that alternative fuel construction equipment construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) would be utilized to the extent feasible in the South Coast Air Basin at the time construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
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City Council 19 – 442 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 4 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
MM-OZ 4.2-5 The developer shall require by contract specifications that construction equipment engines will be maintained in good condition and in proper tune per manufacturer’s specification for the duration of construction. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-6 The developer shall require by contract specifications that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-7 The developer shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible.

Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-8 The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building
Agency/Public
Works
Project
applicant
Prior to
construction
MM-OZ 4.2-9 The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow.

Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building
Agency/Public
Works
Project
applicant
Prior to
construction
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City Council 19 – 443 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 5 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
MM-OZ 4.2-10 The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system be scheduled to off-peak hours (10:00 A.M. to 4:00 P.M.). Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building
Agency/Public
Works
Project
applicant
Prior to
construction
MM-OZ 4.2-11 The developer shall require by contract specifications that dedicated on-site and off-site left-turn lanes on truck hauling routes be utilized for movement of construction trucks and equipment on site and off site to the extent feasible during construction activities. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building
Agency/Public
Works
Project
applicant
Prior to
construction
MM-OZ 4.2-12 Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within ¼ mile of the Overlay Zone and the individual projects within the Overlay Zone providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements related to PM10 generation. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities.

Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site.

Planning and
Building Agency
Project
applicant
Upon issuance of
building or grading
permits
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City Council 19 – 444 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 6 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
MM-OZ 4.2-13 As required by South Coast Air Quality Management District Rule 403–Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include:
 Limiting the amount of area disturbed during site grading to 10 acres per day
 Application of soil stabilizers to inactive construction areas  Quick replacement of ground cover in disturbed areas
 Watering of exposed surfaces three times daily
 Watering of all unpaved haul roads three times daily
 Covering all stock piles with tarp
 Reduction of vehicle speed on unpaved roads
 Post signs on site, limiting traffic to 15 miles per hour or less  Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads  Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the
surrounding areas
 Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip
Planning and
Building Agency
Project
applicant
During grading,
construction and
project
implementation
MM-OZ 4.2-14 The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 100 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
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City Council 19 – 445 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 7 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
MM-OZ 4.2-15 The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-OZ 4.2-16 The developer shall require by contract specifications that prepainted construction materials be used to the extent feasible.

Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM AQ-1 All applicants proposing development of projects within the MEMU Overlay Zone and expansion area shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the MEMEU Overlay Zone and expansion area. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA-approved Tier 3 engine.

Planning and
Building Agency
Project
applicant
Prior to
construction
MM-AQ-2 All applicants proposing development of projects within the MEMU Overlay Zone and expansion area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted. If the lead agency determines that 2010 model year diesel trucks are not feasible, supported by substantial evidence in the record, then the lead agency shall require the use of trucks that meet EPA 2007 model year NOx emissions requirements, at a minimum.

Planning and
Building Agency
Project
applicant
Prior to
construction
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City Council 19 – 446 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 8 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
MM-AQ-3 All applicants proposing development of projects within the MEMU Overlay Zone and expansion area shall require their contractors, as a condition of contract, to reduce construction-related fugitive VOC emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to SCAQMD prior to the start of construction.

Planning and
Building Agency
Project
applicant
Prior to
construction

CULTURAL RESOURCES
MM-0Z 4.4-1 The City of Santa Ana shall require as part of the environmental review of development projects within the Overlay Zone Expansion Area that impacts to potentially significant historical resources be considered. If any existing structures on a proposed development site are at or approaching 50 or more years of age at the time of CEQA review, the City shall retain the services of a qualified architectural historian to conduced a field survey of the structure in question and technical study to determine its potential historical potential significance and develop mitigation measures as necessary.

Planning and
Building Agency
Project
applicant
During
environmental
review of future
projects
MM-0Z 4.4-2 Due to the lack of cultural resource studies for the Overlay Zone Expansion Area, and in order to avoid damaging any unidentified cultural resources, a qualified archaeologist would be retained to monitor any significant ground-disturbing activities in undeveloped areas within the Expansion Area, and any deep (10” or deeper) ground-disturbing activities in all areas of the Expansion Area.

Planning and
Building Agency
Project
applicant
During
construction
MM-0Z 4.4-3 In the event that archaeological resources are unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume.

Planning and
Building Agency
Project
applicant
During
construction
MM-0Z 4.4-5 If human remains are unearthed, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section Planning and
Building
Agency/NAHC
Project
applicant
During
construction
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City Council 19 – 447 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 11 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.

GREENHOUSE GAS EMISSIONS
MM-GHG-1 The following improvements should be implemented to encourage cycling within the planning area:
 Projects should be within at least 0.5 mile of an
existing/planned Class I or Class II bike lane and include a network that provides connection to existing off-site facilities.

Bicycle routes should also connect to all streets contiguous with the project site; the route should have minimum conflicts with automobile parking and circulation facilities. All streets internal to the project wider than 75 feet should have Class II bicycle lanes on both sides.
 Bike parking should be provided at nonresidential projects (one bike rack space per 20 vehicle/employee parking spaces) and multi-unit residential projects (one long-term bicycle parking space for each unit without a garage). Long-term facilities should be provided at multi-unit residential developments and consist of a bicycle locker, locked room with standard racks, or a standard rack location that is staffed or monitored.
 Non-residential projects should provide “end-of-trip” facilities, including showers, lockers, and changing spaces.
 Bike-share infrastructure installation.

Planning and
Building Agency
Project
applicant
During
environmental
review of future
projects
MM-GHG-2 The following improvements will be implemented, when feasible, to achieve more energy-efficient operations within the planning area:
 Projects should exceed Title 24 requirements by at least 20 percent.
 Projects will, to the extent feasible, incorporate on-site renewable energy systems, including solar, wind, geothermal, low-impact hydro, and biomass and bio-gas strategies.
 Projects will incorporate water and energy saving measures into the project design, including, but not limited to, the following:

Planning and
Building Agency
Project
applicant
During project
design and
construction
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City Council 19 – 448 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 12 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
 Installation of low-water-use appliances,
 Use of only natural gas or electric stoves,
 Installation of EnergyStar-labeled roof materials,
 Installation of highly reflective cool roofing materials,  Installation of electrical outlets at exterior areas,  Use of energy-efficient appliances (e.g., EnergyStar),  Installation of shading mechanisms for windows, patios, and walkways, and
 Installation of programmable thermostats.
 Projects will “weatherize” any existing structures to achieve energy savings. Weatherization strategies can include sealing air ducts, insulating, glazing windows, and tuning up or replacing air-conditioning and heating equipment.

MM-GHG-3 Where feasible, SCE-owned streetlights within the planning area will be purchased by the City, and the high-pressure sodium fixtures will be replaced with LED fixtures. Those streetlights within the planning area that are currently owned by the City will also be replaced with LED fixtures.

Planning and
Building Agency/
Public Works
Project
applicant/
Public Works
During
environmental
review of future
projects
MM-GHG-4 Where feasible and applicable, projects within the planning area will incorporate rain barrels and rainwater re-use practices into project design.

Planning and
Building Agency
Project
applicant
During project
design and
construction
MM-GHG-5 The following measures should be implemented to reduce water use and electricity associated with water-intensive plants:
 Drought-resistant native plants, as well as plants with low emissions and high carbon sequestration potential, should substitute landscaping with turf grass and other waterintensive vegetation.  Vegetable gardens, bunch grass, and low-water landscaping should be encouraged for development within the planning area.

Planning and
Building Agency
Project
applicant
During project
design and
construction
MM-GHG-6 The following measures would be implemented by future development projects in the MEMU Overlay Zone to the extent practicable to improve pedestrian safety and encourage walking to and from the project area:

Planning and
Building Agency
Project
applicant
During
environmental
review of future
projects
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City Council 19 – 449 8/16/2022
City of Santa Ana Mitigation Monitoring and Reporting Program Metro East Mixed-Use Overlay District Expansion and Elan Development Projects 13 August 2018 ICF 00019.18
Mitigation
Measure No. Mitigation Measure Monitoring Party
Implementing
Party Mitigation Timing
 Projects shall provide a pedestrian access network that links all internal uses to all existing/planned external streets and pedestrian facilities contiguous with the project site, where applicable. The route connecting internal and external
networks should have minimal conflict with parking and
circulation facilities.
 All internal and adjacent sidewalks associated with a project should be a minimum of 5 feet wide, with vertical curbs, where applicable.
 Where feasible, pedestrian barriers should be minimized using grade separation, wider sidewalks, and traffic calming. In addition, physical barriers such as walls, landscaping, and slopes between facilities that impede pedestrian movement should be avoided.

HAZARDS AND HAZARDOUS MATERIALS
MM-OZ 4.6-2 Prior to the issuance of grading permits on any project site, the developer(s) shall:
 Investigate the project site to determine whether it or immediately adjacent areas have a record of hazardous
materials contamination via the preparation of a preliminary environmental site assessment (ESA), which shall be submitted to the City for review. If contamination is found, the report shall characterize the site according to the nature and extent of contamination that is present before development activities proceed at that site.
 If contamination is determined to be onsite, the City, in accordance with appropriate regulatory agencies, shall
determine the need for further investigation and/or
remediation of the soils conditions on the contaminated site. If further investigation or remediation is required, it shall be the responsibility of the site developer(s) to complete such investigation and/or remediation prior to construction of the project.
 If remediation is required as identified by the local oversight agency, it shall be accomplished in a manner that reduces risk Planning and
Building Agency
Project
applicant
Prior to issuance of
grading permits
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City Council 19 – 450 8/16/2022
GANDDINI GROUP INC.
714.795.3100 | ganddini.com
City Council 19 – 451 8/16/2022
 
City Council 19 – 4528/16/2022 
 
City Council 19 – 4538/16/2022 
1 RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: Clerk of the Council
________________________________________________________________________ Free Recording pursuant to Government Code 27383

DENSITY BONUS HOUSING AGREEMENT
This DENSITY BONUS HOUSING AGREEMENT (“Agreement”), made and entered into this day of August, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Brandywine Acquisition Group, LLC (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. Developer entered or is entering into a ground lease with David A Colton Trust (“Property Owner”), pursuant to which the Property Owner is ground leasing to Developer that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 1814 & 1818 East First Street, Santa Ana, California, 92705, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”).

B. Developer is proposing to develop two vacant parcels with 35 single-family attached townhomes, six (6) of which are proposed as Live/Work units, and four (4) as moderateincome affordable units, on the Property, as more particularly set forth in Density Bonus Agreement Application No. 2022-02 (“Project”).

C. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who guarantee that a portion of their residential development will be available to low income, very-low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very-low income, low income and senior households throughout the city.

D. The Project is proposing a total number of thirty-five (35) single-family attached townhomes, six (6) of which are proposed as Live/Work units, and four (4) as moderate-income City Council 19 – 454 8/16/2022
2 affordable units. The Project will provide seventy-seven (77) onsite parking spaces. No parking concession is requested or provided.

E. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be the “housing development” as defined in the State Density Bonus Law.

F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(2)(A), the City has determined to grant Developer’s application for one concession.

G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus concession set forth herein.

NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:

1.1.1 "Affordability Restrictions" means, pursuant to California Government Code Section 65915(c)(2)(A)(ii)(III), restrictions on the sale and conveyance of the Property that ensure that the Property will be preserved for lower income housing for at least 45 years for owneroccupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the California Health and Safety Code.

1.1.2 "Affordable Units" means four (4) units, which shall be comprised of four (4) three-bedroom units for Moderate-Income Households. Any change to the number or distribution of Affordable Units is subject to City Manager approval.

1.1.3 "Agreement" means this Density Bonus Housing Agreement.

1.1.4 "City" means the City of Santa Ana, California

1.1.5 "City Council" means the City Council of the City of Santa Ana.

1.1.6 "City Attorney" means the City Attorney for the City of Santa Ana.

1.1.7 "City Manager" means the City Manager for the City of Santa Ana.

City Council 19 – 455 8/16/2022
3 1.1.8 "City's Planning Commission" means the Planning Commission for the City of Santa Ana.

1.1.9 ''Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6 below.

1.1.10 "Developer" means Brandywine Acquisition Group, LLC and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.

1.1.11 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein.

1.1.12 "Eligible Household" means a Household whose income does not exceed the “Moderate-Income” qualifying limit as defined herein.

1.1.13 "Household" means all persons residing in a Unit.

1.1.14 “Moderate-Income” means persons and families whose income does not exceed the limits provided in California Health and Safety Code Section 50052.5.

1.1.15 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement.

1.1.16 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.

1.1.17 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date.

1.1.18 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement.

1.1.19 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

1.2.1 Exhibit A – Legal Description of the Property

1.2.2 Exhibit B – Income Verification Form

1.2.3 Exhibit C – Notice of Affordability Restrictions on Transfer of Property City Council 19 – 456 8/16/2022
4 2. DEVELOPMENT OF THE PROPERTY

2.1 Project. Developer shall develop or cause the development of the Property as thirty-five (35) single-family attached townhomes, six (6) of which are proposed as Live/Work units, and four (4) as Moderate-Income Affordable Units.

2.2 Density Bonus. The Project Units are allowed under the City’s Metro East Mixed Use Zone and General Plan. Therefore, no density bonus is required or provided.

2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application No. 2022-02 for the Project:

2.3.1 Publicly accessible open space shall be reduced from fifteen percent (15%) of total lot area as required by the Metro East Mixed Use (MEMU) Overlay Zone to no less than five percent (5%) of total lot area in accordance with Government Code Section 65915(d)(2)(A).

2.4 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3 above fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project.

2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than thirty-one (31) Unrestricted Units comprised of thirty-one (31) three-bedroom units.

2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than thirty-five (35) single-family attached townhomes, six (6) of which are proposed as Live/Work units, and four (4) designated as Moderate-Income Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all applicable City approvals.

2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed in accordance with all applicable City approvals.

2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity with jurisdiction over the Property or Project.

Upon securing any and all required permits, and all necessary financing and property interests, Developer shall carry out and perform the development of the Project or cause the performance of the development of the Project, in conformity with all applicable federal, state, and local laws and City Council 19 – 457 8/16/2022
5 regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.

2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.

2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of a building permit, Developer shall develop and submit or cause the development and submittal to the Community Development Agency (the “CDA”) a local sourcing plan for the Project targeting, to the extent commercially reasonable, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA which if not granted or denied within five (5) business days, shall be deemed approved (with such approval not to be unreasonably withheld, conditioned or delayed) and be implemented for the construction of the project prior to issuance of a building permit.

2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld - and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of, Developer.

City Council 19 – 458 8/16/2022
6 3. AFFORDABILITY

3.1 Total Affordability Term. Pursuant to California Government Code Section 65915(c)(2)(A)(ii)(III), each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than forty-five (45) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City.

3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.

3.3 Levels of Affordability.

3.3.1 Moderate-Income Households. Subject to the terms of Section 5, Developer covenants that no less than four (4) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be sold or conveyed to, or preserved for ModerateIncome Households, and will be sold or resold onto to Moderate-Income Households.

4. OPERATION OF THE PROJECT BY DEVELOPER

4.1 Payment of Density Bonus Setup Fee. Prior to the Effective Date, Developer delivered payment to City of the required density bonus setup fee in the amount of one-eighth (1/8th) of one percent (1%) of the total estimated construction budget for the Project.

4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.

4.2 Sale of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall sell or convey City Council 19 – 459 8/16/2022
7 each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the sale or resale of each Affordable Unit to an Eligible Household for the Total Affordability Term.

4.3 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms and conditions set forth in this Agreement.

4.4 Reserved.

4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as a mixed-use townhome complex. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project.

4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair, to the extent commercially reasonable. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times following not less than -forty-eight (48) hours’ prior written notice and in a reasonable manner to inspect the Project. If at any time Developer fails to maintain the Project or the Property in accordance with this Agreement and such condition is not corrected within seven (7) days after written notice from City with respect to debris and waste material, or within thirty (30) days after written notice from City with respect to general maintenance, landscaping and building improvements, unless Developer has initiated corrections and City has agreed to a reasonable amount of time to complete corrections, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by Developer to City upon demand. Notwithstanding the foregoing, City acknowledges and agrees that the priority of any such lien shall be deemed to be the date such lien is filed, and not the date this Agreement is recorded.

4.6.1 Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency (the “PBA”), the CDA, the Public Works Agency (the “PWA”), and the City Attorney to ensure that the Property and all improvements located thereupon are properly maintained, Developer shall execute a maintenance agreement with the City of Santa Ana, prior to occupancy 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:

City Council 19 – 460 8/16/2022
8 (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, requirement and restrictions as applicable, the proper storage and disposal of trash and debris, and/or restrictions on certain uses;
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;

(d) Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);
(e) If Developer and the owner of the Property are different (e.g., if the applicant is a tenant or licensee of the Property or any portion thereof), both the applicant and the owner of the Property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms;
(f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the Property or any interest in any lease, sublease, license or sublicense, except as set forth herein or 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 (provided, however, that City acknowledges and agrees that the priority of any such lien shall be deemed to be the date such lien is filed, and not the date this Agreement is recorded); and,
City Council 19 – 461 8/16/2022
9 (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certification of Occupancy.

4.7 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for the reasonable approval of City a “Management Plan” which sets forth in detail the property management duties, a purchaser selection process in accordance with this Agreement, a security system (comprised of security cameras with audio voice down capability) and crime prevention program, the rules and regulations for the Property and manner of enforcement, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide onsite property management services at the Property (“Property Manager”), and other matters relevant to the management of the Property. The Management Plan shall require Developer to adhere to a fair sale and grievance procedure. The management of the Property shall be in compliance with the Management Plan as approved by City.

If City determines that the performance of the Property Manager is deficient based upon the standards set forth in the approved Management Plan and in this Agreement, City shall provide written notice to Developer of such deficiencies and Developer shall use commercially reasonable efforts to correct such deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless actions to commence a cure are taken within 30 days and continued thereafter with diligence, City shall have the right to require Developer to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City Manager, which is not related to or affiliated with Developer, and which has not less than five (5) years’ experience in property management, including significant experience managing housing facilities of the size, quality and scope of the Project. Developer agrees to give City notice of the proposed replacement Property Manager. Such proposed replacement Property Manager shall be subject to the City’s approval (with such approval not to be unreasonably withheld, conditioned or delayed).

4.8 Reserved.

4.9 Selection of Purchasers.

4.9.1 Developer shall review the selection of purchasers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each Affordable Unit shall be sold to Eligible Households.

4.9.2 Prior to the sale of an Affordable Unit, Developer shall require the purchaser or cause for the purchaser to be required to complete an Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the purchaser as set forth herein. Developer and City shall be entitled to rely on the Income Verification Form and supporting documentation provided by purchaser unless Developer or City has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation.

City Council 19 – 462 8/16/2022
10 4.10 Income Verification and Certification.

Developer shall be entitled to rely on the Income Verification Form and supporting documentation provided by purchasers unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the purchasers current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.

4.10.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914.

4.11 Reserved.

4.12 Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit C). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee.

4.13 Reserved.

4.14 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the Project’s Density Bonus, in recognition of the City’s desire to optimize the energy efficiency of the Project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid-rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the Project is eligible, the California Utility Allowance Calculator using best available information on the Project. To the extent City Council 19 – 463 8/16/2022
11 financially feasible for the Project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities.

4.15 Reserved.

4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. The approved EEP shall be kept onsite and also be submitted to the following City agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency

4.17 Reserved.

4.18 Onsite Parking Management Plan. Developer has agreed to provide seventy-seven (77) onsite parking stalls for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take commercially reasonable measures to manage the parking demand of the Project site - to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy or finalizing of building permits, Developer shall submit and obtain approval from the Planning and Building Agency of a Parking Management Plan (the "PMP") as per conditions of approval in Site Plan Review No. 2022-03 and Tentative Tract Map No. 2022-02 to address the parking demands of the Project. The approved PMP shall be adhered to and be enforced by the Project at all times.

4.19 Marketing and Resident Selection Plan. Each Affordable Unit shall be sold to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval of a marketing program and purchaser selection plan for the sale of the Affordable Units at the Project (“Marketing Program”). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units.

4.19.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed purchaser selection criteria, income requirements, timeline and details for outreach and marketing. All requirements set forth herein shall be incorporated in the Marketing Program.

5. RESERVED

6. TERM OF THIS AGREEMENT
The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is forty-five (45) years after the City City Council 19 – 464 8/16/2022
12 issues the last certificate of occupancy for the building in which the Affordable Units are located, pursuant to California Government Code Section 65915(c)(2)(A)(ii)(III).

7. DEFAULT AND TERMINATION; INDEMNIFICATION

7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature reasonably requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.

7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party.

7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of any of the Indemnitees.

8. ASSIGNMENT; COVENANTS RUN WITH THE LAND

8.1 Assignment by Developer.

8.1.1 Prohibited Transfers or Assignments. Except as authorized in this Section or Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, without City's prior written approval, which shall not be unreasonably withheld, conditioned or delayed (“Permitted Transfer”); provided, however, Developer shall have the right without City’s prior written approval to transfer or assign the Property, Project and/or Developer’s rights and obligations in this Agreement to any entity that is controlled by, or is under common City Council 19 – 465 8/16/2022
13 control with, Developer or Developer’s managing general partner, and Developer shall thereafter be released from any future obligations under this Agreement. In connection with Permitted Transfer, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City in its reasonable discretion and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to pay for the City’s actual, documented expenses to review the request. Upon the delivery of the assignment and assumption agreement as provided for above for a Permitted Transfer, or in the event of a sale of the Property/Project as provided for in this Section 8.1.1, Developer shall be released from any future obligations under this Agreement.

8.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be sold, used, occupied, operated, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project purchase the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of forty-five (45) consecutive years commencing upon the date of issuance of the last certificate of occupancy for the Project.

8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.

8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.

8.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. Furthermore, all of the covenants, conditions, and City Council 19 – 466 8/16/2022
14 restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby.

Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.

9. MISCELLANEOUS

9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus incentive and concession provided to the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each Party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City, including but not limited to amendments to this Agreement for consistency with other Project agreements.

Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, to pay for City’s actual, documented expenses to review the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California.

9.3 Notices.

9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending City Council 19 – 467 8/16/2022
15 party receives a confirmation of delivery from the delivery service provider. All notices shall be addressed as follows:

If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: During construction:

Brandywine Acquisition Group, LLC
16580 Aston
Irvine, CA 92606
Attention: Angela Meyer
Following construction:

Brandywine Acquisition Group, LLC
16580 Aston
Irvine, CA 92606
Attention: Angela Meyer
With copies to: Withee Malcom Architects, LLP
2251 West 190th Street
Torrance, CA 90504
Attention: Dirk Thelen
And to: David A Colton Trust
515 Cabrillo Park Drive #305
Santa Ana, CA 92706
Attention: David Colton

9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected City Council 19 – 468 8/16/2022
16 thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.

9.8 Reserved.

9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.

9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

9.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.

9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, City Council 19 – 469 8/16/2022
17 earthquakes, other Acts of God, fires, epidemics or pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes reasonably beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.

9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.

9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required City Council 19 – 470 8/16/2022
18 instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.

9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.

9.22 No Subordination; Mortgagee Protection; Covenants Do Not Impair Liens. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project or to cause the development of the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. This Agreement shall not prevent or limit Developer, in Developer’s reasonable discretion, from encumbering the Property or any portion thereof of or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property or Project and such action shall not constitute an assignment of this Agreement. No violation or breach of covenants, conditions, restrictions, provisions, or limitations contained in this Agreement shall defeat or render invalid or diminish or in any way impair the lien or charge of any mortgage or deed of trust or security instrument.

9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.

9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants City Council 19 – 471 8/16/2022
19 and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.

{Signatures on following page}
City Council 19 – 472 8/16/2022
20 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement.

ATTEST: CITY OF SANTA ANA
___________________________ _______________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
___________________________
By: Ryan O. Hodge
Assistant City Attorney

RECOMMENDED FOR APPROVAL: BRANDYWINE ACQUISITION GROUP, LLC
______________________________ _______________________
Steven A. Mendoza
Executive Director
Community Development Agency
City Council 19 – 473 8/16/2022
21 By execution below, Property Owner consents to the recordation of this Agreement against its fee interest in the Property:

Brandywine Acquisition Group, LLC
By:_________________________
City Council 19 – 474 8/16/2022
22 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
City Council 19 – 475 8/16/2022
23 EXHIBIT B

INCOME VERIFICATION FORM
City Council 19 – 476 8/16/2022
24 EXHIBIT C

NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY City Council 19 – 477 8/16/2022

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 within 10 calendar days of the decision by any interested party or group.

Project Location: 1814 and 1818 East First Street located in the General Commercial (C-2) with the Metro East Mixed Use (MEMU) overlay district (OZ-1), Active Urban sub-district zoning district.

Project Applicant: Angela Meyer, representing Brandywine Acquisition Group, LLC (applicant), on behalf of David A. Colton Trust (property owner).

Proposed Project: The applicant is requesting approval of Site Plan Review No. 2022-03, Tentative Tract Map No. 2022-02 and Density Bonus Agreement No. 2022-0 to allow the construction of Cabrillo Crossing, a community consisting of thirty-five unit attached townhomes, six of which are proposed as live/work, with four onsite affordable units.

Meeting Details: This matter will be heard on Monday, June 27, 2022 at 5:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conference Room 1600, 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 www.santa-ana.org/pb/meeting-particpation.

Written Comments: If you are unable to participate in the virtual meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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:
www.santa-ana.org/cc/city-meetings
Cit\ CoXncil 19 – 8 812022
Who To Contact For Questions: Should you have any questions, please contact Ali Pezeshkpour with the Planning and Building Agency at [email protected] or 714-647-5882.

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 Narcedalia Perez al (714) 667-2260.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

Publish: OC Reporter
Date: June 17, 2022
1000’ RADIUS NOTIFICATION MAP
City Council 19 – 479 8/16/2022
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3596769

SARAH BERNAL

CITY OF SANTA ANA/PLANNING & BUILDING
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA - 92702

GPN - GOVT PUBLIC NOTICE
1814 1818 E. FIRST STREET
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/17/2022
06/17/2022
ORANGE
!A000006048283!
Email

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA PLANNING

COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking 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 within 10 calendar days
of the decision by any interested party or
group.

Project Location: 1814 and 1818 East
First Street located in the General
Commercial (C-2) with the Metro East
Mixed Use (MEMU) overlay district (OZ1), Active Urban sub-district zoning district.

Project Applicant: Angela Meyer,
representing Brandywine Acquisition
Group, LLC (applicant), on behalf of David
A. Colton Trust (property owner).

Proposed Project: The applicant is
requesting approval of Site Plan Review
No. 2022-03, Tentative Tract Map No.
2022-02 and Density Bonus Agreement
No. 2022-0 to allow the construction of
Cabrillo Crossing, a community consisting
of thirty-five unit attached townhomes, six
of which are proposed as live/work, with
four onsite affordable units.

Environmental Impact: In accordance
with the California Environmental Quality
Act (CEQA), the project has been
determined to be adequately evaluated in
the previously certified Subsequent
Environmental Impact Report (EIR) No. 2018-15 (State Clearinghouse No. 2006031041) as per Sections 15162 and 15168 of the CEQA guidelines. Meeting Details: This matter will be heard on Monday, June 27, 2022 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 www.santa-ana.org/pb/meeting- particpation. Written Comments: If you are unable to participate in the virtual meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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: www.santa-ana.org/cc/city- meetings Who To Contact For Questions: Should you have any questions, please contact Ali Pezeshkpour with the Planning and Building Agency at [email protected] or 714- 647-5882. 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 Narcedalia Perez al (714) 667-
2260.

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.
6/17/22
OR-3596769#
City Council 19 – 480 8/16/2022
14211 Yorba St., Ste. 200 | Tustin, CA 92780
714-288-7600 | www.c-cdev.com
Ali Pezeshkpour
AICP - Principal Planner
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Phone: (714) 647-5882
E-mail: [email protected]
RE: Letter of Support of Brandywine- 1814 & 1818 E. 1st Street, Santa Ana Planning Commission Chair and Commissioners:

Brandywine Homes is proposing to develop two vacant parcels with 35 single-family attached townhomes, six of which are proposed as Live/Work and four as moderately affordable housing. The proposed townhouse buildings will range in height from 3-4 stories designed with roof top decks and tuck-under parking. The units are all 3 bedrooms and range in size from 1,513 to 2,379 sq. ft. in size.

C&C owns and operates commercial property within the Metro East Mixed Use Overlay Zone in close proximity to the Brandywine site. Our firm is very familiar with Brandywine Homes leadership and their quality development of infill projects across Southern California. They have recently completed communities in the City of Placentia and Fullerton, along with many communities in Los Angeles County.

The vacant site of 1814 & 1818 E. 1st Street is a good location for needed for-sale residential housing.

This project presents an opportunity for the development of needed for-sale housing for 35 families/occupants who will work and spend time and money in the City.

We recommend that the Planning Commission approve this project, enabling 35 new residential homes that include potentially six new businesses in the live work units, and four moderately affordable home to deserving and hardworking families.

Sincerely,
Todd Cottle
City Council 19 – 481 8/16/2022

CHRISTIAN GARCIA
[email protected]
TEL: (213) 739-8206
June 27, 2022

VIA EMAIL
Planning Commission
Santa Ana
20 Civic Center Plaza, Conf. Room 1600
Santa Ana, CA
Email: [email protected]
RE: 1814 and 1818 East First Street
Site Plan Review No. 2022-03
To the Planning Commission:

Californians for Homeownership is a 501(c)(3) organization devoted to using legal tools to address California’s housing crisis. We are writing regarding the 1814 and 1818 East First Street project. The City’s approval of this project is governed by the Housing Accountability Act, Government Code Section 65589.5. For the purposes of Government Code Section 65589.5(k)(2), this letter constitutes our written comments submitted in connection with the project.

The Housing Accountability Act generally requires the City to approve a housing development project unless the project fails to comply with “applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete.” Gov. Code § 65589.5(j)(1). To count as “objective,” a standard must “involve[e] no personal or subjective judgment by a public official and be[] uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” Gov. Code § 65589.5(h)(8). In making this determination, the City must approve the project if the evidence “would allow a reasonable person to conclude” that the project met the relevant standard.

Gov. Code § 65589.5(f)(4). Projects subject to modified standards pursuant to a density bonus are judged against the City’s standards as modified. Gov. Code § 65589.5(j)(3).

The City is subject to strict timing requirements under the Act. If the City desires to find that a project is inconsistent with any of its land use standards, it must issue written findings to that effect within 30 to 60 days after the application to develop the project is determined to be complete. Gov. Code § 65589.5(j)(2)(A). If the City fails to do so, the project is deemed consistent with those standards. Gov. Code § 65589.5(j)(2)(B).

City Council 19 – 482 8/16/2022
June 27, 2022

Page 2 ends

If the City determines that a project is consistent with its objective standards, or a project is deemed consistent with such standards, but the City nevertheless proposes to reject it, it must make written findings, supported by a preponderance of the evidence, that the project would have a “specific, adverse impact upon the public health or safety,” meaning that the project would have “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” Gov. Code § 65589.5(j)(1)(A); see Gov. Code § 65589.5(k)(1)(A)(i)(II).

Once again, “objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” Gov. Code § 65589.5(h)(8).

Even if the City identifies legally sufficient health and safety concerns about a project, it may only reject the project if “[t]here is no feasible method to satisfactorily mitigate or avoid the adverse impact . . . other than the disapproval of the housing development project . . . .” Gov.

Code § 65589.5(j)(1)(B). Thus, before rejecting a project, the City must consider all reasonable measures that could be used to mitigate the impact at issue.

For projects that provide housing for lower-income families, the Act is even more restrictive. In many cases, the City must approve such a project even if it fails to meet the City’s objective land use standards. See Gov. Code § 65589.5(d).

These provisions apply to the full range of housing types, including single-family homes, market-rate multifamily projects, and mixed-use developments. Gov. Code § 65589.5(h)(2); see Honchariw v. Cty. of Stanislaus, 200 Cal. App. 4th 1066, 1074-76 (2011). And the Legislature has directed that the Act be “interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.” Gov. Code § 65589.5(a)(2)(L).

When a locality rejects or downsizes a housing development project without complying with the rules described above, the action may be challenged in court in a writ under Code of Civil Procedure Section 1094.5. Gov. Code § 65589.5(m). The legislature has significantly reformed this process over the last few years in an effort to increase compliance. Today, the law provides a private right of action to non-profit organizations like Californians for Homeownership. Gov.

Code § 65589.5(k). A non-profit organization can sue without the involvement or approval of the project applicant, to protect the public’s interest in the development of new housing. A locality that is sued to enforce Section 65589.5 must prepare the administrative record itself, at its own expense, within 30 days after service of the petition. Gov. Code § 65589.5(m). And if an enforcement lawsuit brought by a non-profit organization is successful, the locality must pay the organization’s attorneys’ fees. Gov. Code § 65589.5(k)(2). In certain cases, the court will also impose fines that start at $10,000 per proposed housing unit. Gov. Code § 65589.5(k)(1)(B)(i).

City Council 19 – 483 8/16/2022
June 27, 2022

Page 3 ends

In recent years, there have been a number of successful lawsuits to enforce these rules:
 In Honchariw, 200 Cal. App. 4th 1066, the Court of Appeal vacated the County of Stanislaus’s denial of an application to subdivide a parcel into eight lots for the development of market-rate housing. The court held that the county did not identify any objective standards that the proposed subdivision would not meet, and therefore violated the Housing Accountability Act in denying the application.  In Eden Housing, Inc. v. Town of Los Gatos, Santa Clara County Superior Court Case No. 16CV300733, the court determined that Los Gatos had improperly denied a subdivision application based on subjective factors. The court found that the factors cited by the town, such as the quality of the site design, the unit mix, and the anticipated cost of the units, were not objective because they did not refer to specific, mandatory criteria to which the applicant could conform.  San Francisco Bay Area Renters Federation v. Berkeley City Council, Alameda County Superior Court Case No. RG16834448, was the final in a series of cases relating to Berkeley’s denial of an application to build three single family homes and its pretextual denial of a demolition permit to enable the project. The Court ordered the city to approve the project and to pay $44,000 in attorneys’ fees.  In 40 Main Street Offices v. City of Los Altos, Santa Clara County Superior Court Consolidated Case Nos. 19CV349845 & 19CV350422, the court determined that the Los Altos violated the Housing Accountability Act, among other state housing laws, by failing to identify objective land use criteria to justify denying a mixeduse residential and commercial project. The City was ultimately forced to pay approximately $1 million in delay compensation and attorneys’ fees in the case.  In Californians for Homeownership v. City of Huntington Beach, Orange County Superior Court Case No. 30-2019-01107760-CU-WM-CJC, a case brought by our organization, the court ruled that Huntington Beach violated the Housing Accountability Act when it rejected a 48-unit condominium project based on vague concerns about health and safety. Following the decision, the City agreed to pay $600,000 in attorneys’ fees to our organization and two other plaintiffs.

In other cases, localities have settled lawsuits by agreeing to approve the subject projects and pay tens or hundreds of thousands of dollars in legal expenses.

Sincerely,
Christian Garcia

City Council 19 – 484 8/16/2022
Clerk of the Council Office
www.santa-ana.org/departments/clerk-of-the-council/
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 16, 2022
TOPIC: Assembly Bill 361
AGENDA TITLE:

Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361

RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary.

The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.

In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021.

It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing resolution City Council 20 – 1 8/16/2022
Assembly Bill 361
August 16, 2022

Page 2 ends

for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently on July 19, 2022, the City Council adopted Resolution No. 2022-063, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Norma Orozco, Deputy Clerk of the Council Approved By: Kristine Ridge, City Manager
City Council 20 – 2 8/16/2022
Resolution 2022-XXX

Page 1 of 3 ends

RESOLUTION 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; and 2022-063 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, Orange County has a high transmission rate of COVID-19 according to the Center for Disease Control and Prevention community transmission rates; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council 20 – 3 8/16/2022
Resolution 2022-XXX

Page 2 of 3 ends

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:

SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.

SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.

SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.

ADOPTED this ____ day of August, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: ________________________
John M. Funk
Chief Assistant City Attorney
City Council 20 – 4 8/16/2022
Resolution 2022-XXX

Page 3 of 3 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- ___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022.

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 20 – 5 8/16/2022
City Manager Office
www.santa-ana.org/city-managers-office
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 16, 2022
TOPIC: Resolution Supporting Postage Stamp for Muhammad Ali AGENDA TITLE:

Resolution Urging the Citizens Stamp Advisory Committee of the United States Postal Service to Issue a Muhammad Ali Postage Stamp

RECOMMENDED ACTION
Consider one of the following options:

1. Adopt a resolution concerning issuance of Muhammad Ali postage stamp.

2. Provide further direction to staff.

DISCUSSION
The United States Postal Services honors extraordinary individuals who have contributed to American society, history, culture or environment through the issuance of commemorative postage stamps.

Muhammad Ali contributed to American society, history, and culture as a renowned figure in transcending sports, civil rights, peace, activism, freedom, faith, global influence and humanitarianism. The City Council wishes to support the issuance of a commemorative U.S. postage stamp in Muhammad Ali’s honor.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 21 – 1 8/16/2022
Resolution 2022-XXX

Page 1 of 2 ends

RESOLUTION 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA IN SUPPORT OF A COMMEMORATIVE U.S.

POSTAGE STAMP IN HONOR OF MUHAMMAD ALI
WHEREAS, the United States Postal Service honors extraordinary individuals who have contributed to American society, history, culture, or environment through the issuance of commemorative postage stamps; and
WHEREAS, the stamp program was created to commemorate positive contributions to American life, history, and culture; and WHEREAS, Muhammad Ali clearly has contributed to American society, history, AND culture as a singular and renowned figure in and transcending sports, civil rights, peace, activism, freedom of thought and faith, global influence, and humanitarianism; and WHEREAS, as an athlete, Ali was the 1960 Olympic light heavyweight boxing gold medalist, three-time heavyweight champion of the world, and Sports Illustrated Athlete of the 20th century; and
WHEREAS, as a humanitarian, Ali fought against injustices for many disadvantaged groups of all backgrounds; and
WHEREAS, as a world figure, Ali utilized his fame and influence to promote social change for the improvement of lives of all people; and
WHEREAS, as a thinker and a doer, Ali promoted confidence, dedication, respect and love for all people; and
WHEREAS, as a role model Ali left us with lessons that packed pathos, humor and truth, such as "A man who has no imagination has no wings," and "He who is not courageous enough to take risks will accomplish nothing in life," and "I wish people would love everybody else the way they love me. It would be a better world," and "You lose nothing when fighting for a cause," and "My principles are more important than the money or my title"; and
WHEREAS, Muhammad Ali also once said "I should be a postage stamp. That's the only way I'll ever get licked."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The City Council of the City of Santa Ana hereby finds and declares its support for and urges the Citizens Stamp Advisory Committee of the U.S. Postal Service to approve the issuance of a commemorative U.S. postage stamp honoring the life and legacy of Muhammad Ali.

City Council 21 – 2 8/16/2022
Resolution 2022-XXX

Page 2 of 2 ends

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution
ADOPTED this ____ day of August, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: ________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 21 – 3 8/16/2022
City Manager Office
www.santa-ana.org/city-managers-office
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 16, 2022
TOPIC: Historic Cypress Fire Station
AGENDA TITLE:

Provide Direction Regarding the Future Use of the Vacant Cypress Fire Station at 625 S Cypress Avenue

RECOMMENDED ACTION
It is recommended that the City Council direct the City Manager to do one of the following:

1. Rehabilitate the vacant Cypress Fire Station at 625 S Cypress Avenue into a new Police Athletic and Activities League (PAAL) Center.

2. Seek proposals from local nonprofit organizations as tenants through a competitive Request for Proposals (RFP) process.

DISCUSSION
The Cypress Fire Station, located at 625 S Cypress Avenue in the Pacific Park neighborhood, was designed by Frederick M. Eley and built in 1928. It has been vacant for many years and has historic protections for the exterior architecture. In July 2021, the City Council made the determination to retain ownership of the Cypress Fire Station instead of offering the property as surplus.

On December 21, 2021, the City Council allocated $1,000,000 to rehabilitate and repurpose the Cypress Fire Station. There are also funds pending in the federal Budget. The rehabilitation will include preservation of the historic elements of the property. Prior to expending funds, it is important to determine the use of the facility to properly rehabilitate the facility for a specific use instead of an unspecified use or future tenant.

To that end, staff is seeking concurrence of the City Council to either rehabilitate the facility for a second City of Santa Ana PAAL Center, or, alternatively, seek proposals from local nonprofit organizations as tenants. The option that includes a nonprofit organization as a tenant would extend the timeline to allow for the selected organization to be included in the design process and layout determination to maximize utilization of the space.

City Council 22 – 1 8/16/2022
Historic Cypress Fire Station
August 16, 2022

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 22 – 2 8/16/2022
Public Works Agency
www.santa-ana.org/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 16, 2022
TOPIC: Vacate Portion of Alley

AGENDA TITLE
Public Hearing - Adopt a Resolution Vacating a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 21-01

RECOMMENDED ACTION
Hold a Public Hearing and adopt a resolution vacating a portion of the alley north of Second Street between Broadway and Sycamore Street.

DISCUSSION
On December 2, 2014, the City Council approved the execution of a Right of Entry and License Agreement (license) with Corbiz, LLC (Corbiz) to install and maintain improvements within the alley north of Second Street between Broadway and Sycamore Street. The portion of alley subject to the license is adjacent to the Southern Counties Gas Company (SCG) Building at 207 West Second Street. The existing license allows for the space to be improved and used as an enclosed patio and utility area. Because of the long-term nature of the patio improvements, and the absence of need to use the portion of alley for public access, Corbiz has requested the City vacate the right of way.

On July 19, 2022, the City Council adopted a resolution declaring the City’s intent to vacate the portion of alley. The requested vacation area is a portion of a north-south aligned, dead-end alley situated between the Santora Building at 207 North Broadway and the SCG Building (Exhibit 1 and 2). The alley is connected to Second Street in the Artists Village and terminates at a private parking lot owned by Corbiz at 214 North Sycamore Street.

According to a title report submitted by the applicant, the City owns an easement over the portion of alley, which if vacated would revert to Corbiz and would be incorporated into the SCG parcel. The remainder of the alley easement will continue to allow public access between Second Street and the private parking lot.

Utilities, other government agencies, and City agencies have been advised of the alley easement vacation. In addition, in order to restrict enclosure of the vacated space, Corbiz would be required to record a covenant to prohibit new structures and maintain the area as City Council 23 – 1 8/16/2022
Resolution to Vacate Portion of Alley
August 16, 2022

Page 2 ends

open space before the vacation of the subject portion of the alley becomes effective. The resolution to be considered for adoption by City Council includes this condition. The recommended action adopts a resolution (Exhibit 3) vacating the portion of alley.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2022-59 will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Street Vacation Vicinity Map

2. Street Vacation Location Map

3. Resolution to Vacate
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 23 – 2 8/16/2022
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VACATE PORTION OF ALLEY - ABANDONMENT NO.
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City Council 23 – 3 8/16/2022
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EXHIBIT 2
ABANDONMENT NO. 21-01g

VACATE PORTION OF ALLEY
City Council 23 – 4 8/16/2022
Resolution No. 2022-XXX

Page 1 of 3 ends

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA VACATING A PORTION OF ALLEY NORTH OF

SECOND STREET BETWEEN NORTH BROADWAY AND
SYCAMORE STREET (ABANDONMENT NO. 21-01)
WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana to vacate all or a portion of any street or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street; and WHEREAS, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A (“Vacation Area”); and
WHEREAS, on July 19, 2022, the City Council declared its intention to vacate the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was given that on August 16, 2022, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard; and
WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and
WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The recitals set forth above are adopted as findings in support of this Resolution.

Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use.

Section 3. The Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code, except for the reservation of easement described herein.

EXHIBIT 3
City Council 23 – 5 8/16/2022
Resolution No. 2022-XXX

Page 2 of 3 ends

Section 4. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines.

Section 5. To restrict enclosure of the Vacation Area, Corbiz, LLC, owner of the immediately adjacent Southern Counties Gas Company Building at 207 West Second Street, shall be required to record a covenant, to the satisfaction of the City’s Planning and Building Agency, to prohibit new structures in the Vacation Area and maintain the Vacation Area as open space before the vacation becomes effective.

Section 6. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.

Section 7. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.

Section 8. The Vacation Area shall not be deemed vacated until this Resolution is recorded.

Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ___________________, 2022.

Vicente Sarmiento
Mayor
City Council 23 – 6 8/16/2022
Resolution No. 2022-XXX

Page 3 of 3 ends

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________, Clerk of the Council, do hereby certify the attached Resolution No. 2022 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2022.

Date:

Clerk of the Council
City of Santa Ana
City Council 23 – 7 8/16/2022
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LEGEND:
tV/21 ABANDONMENT AREA, PORTION OF ALLEY

NORTH OF SECOND STREET BETWEEN

BROADWAY AND SYCAMORE STREET
A = 11. 75'
B = 79.06'
C = 14. 50'
D = 93.56'
E=11.83'

SANTA ANA
■
pwA 1
1 1
Pl& IC IOll&S AGtNCT
VACATION AREA = 932 SF

EXHIBIT A
ABANDONMENT NO. 21-01g

INTENT TO VACATE PORTION OF ALLEY
City Council 23 – 8 8/16/2022
City Council
www.santa-ana.org//city-council/
Item # __
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 16, 2022
TOPIC: Councilmember Requested Items Process
AGENDA TITLE:

Amend City Council Policy Relating to Councilmember Requested Items

RECOMMENDED ACTION
Approve an amendment to the City Council policy requiring that:
(1) All Councilmember Requested Items be placed on the agenda via a memorandum establishing what is being requested, why it is being requested, and a summary of background information relating to the item;
(2) No specific date be mandated for return of an item without staff input; and (3) At least one Councilmember supporting a Councilmember Requested Item first confer with the City Manager and/or City Attorney for input (not approval).

DISCUSSION
The City of Santa Ana policy allows councilmembers to place on the agenda “Councilmember Requested Items,” also previously known colloquially as “85A items.” These items allow individual councilmembers, or up to three councilmembers working in tandem, to request an item be brought before the entire City Council for discussion and direction. These items may discuss any issue within the City Council’s jurisdiction, including, but not limited to, policy research, drafting ordinances, creating resolutions, or providing other direction to staff.

In recent years, these Councilmember Requested Items have proliferated. However, often, neither the City Manager nor City Attorney will have received notice about these items, only finding out once an agenda is posted, and therefore are not given the opportunity to provide input. This sometimes results in items that come forward which are duplicative of existing policies, items that are already being implemented at the staff level, or otherwise create logistical issues. Additionally, without such a memorandum, due to Brown Act limitations, councilmembers are unable to discuss in detail specific issues or concerns regarding a Councilmember Requested Item.

Implementing this memorandum and conference process will not only allow the City’s highest executives to provide councilmembers additional information before items are requested, but it would give other councilmembers an opportunity to research a topic or issue prior to the meeting and give the public more detailed notice about an item that is City Council 24 – 1 8/16/2022
Councilmember Requested Items Process
August 16, 2022

Page 2 ends

brought forth.

This policy would increase transparency between the City Council and the public relating to City business, encourage collaboration with City staff, and ensure timely requests by policymakers.

Submitted By: Councilmember Thai Viet Phan
City Council 24 – 2 8/16/2022

Santa Ana City CouncilAugust 16, 2022

Santa Ana City Council
August 16, 2022