Santa Ana City Council
October 3, 2023

191 (finding that any party who has objected to the project’s environmental documentation may assert any issue timely raised).

As noted in our previous comment letters, contrary to the City’s finding that no subsequent EIR is necessary pursuant to the CEQA Guidelines because the Project is within the scope of Metro East Mixed-Use Overlay Zone EIR (“Metro EIR”) and that there are no substantial changes with respect to the circumstances or new necessary mitigation measures, SWMSRCC maintains that there have been substantial changes to the Project and Project circumstances, and new information of substantial importance which has come out since the certification of the Metro EIR. Thus, a subsequent EIR must be prepared pursuant to Section 15162 of the CEQA Guidelines.

A. The Project Must Comply with New Transportation Impact Methodology Requirements
In July 2020, Senate Bill (“SB”) 743 took effect in order to help reduce transportation impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long term sustainability, SB 743 changed the standard for evaluating transportation impacts under CEQA from a Level of Service (“LOS”) standard to Vehicle Miles Traveled (“VMT”) standard. Thus, pursuant to CEQA Guidelines, section 15064.3(a), VMT “is the most appropriate measure of transportation impacts”.

Here, the Metro EIR, which was certified in 2007, uses the outdated LOS methodology to analyze traffic and transportation impacts. Metro PEIR at 4.12-9, et seq.1 Thus, a subsequent EIR analyzing the Project’s VMT is necessary in order to adequately assess the Project’s transportation impacts and comply with CEQA, especially when considering that the Metro EIR found significant and unavoidable transportation impacts given the substantial increase in traffic. Id. at 4.12-54.

Further, as noted by transportation expert Norman L. Marshall, such failure to conduct VMT analysis not only conflicts with CEQA but also the City of Santa Ana’s adopted Resolution No. 2019-049 (“Resolution”) since the Project does not satisfy the three categories of projects identified by the Resolution that are screened from complete VMT analysis. August 3, 2023 Letter from Norman L. Marshall to Talia Nimmer (“Exhibit A”). Specifically, the Resolution provides that projects can be screened from VMT analysis when they are (1) in a transit priority area; (2) in a low 1 The EIR can be found at https://www.santa-ana.org/metro-east-mixed-use-overlay-zone/.

City Council 18 – 291 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

VMT area; or (3) presumed to have less than a significant VMT impact because it is a local serving retail project of less than 50,000 sqft., is a neighborhood school, or will generate less than 110 daily trips. Id. at 2. Given that the Project is located outside of the Resolution’s identified transit priority and low VMT areas; is predominantly a housing project, i.e., not local-serving retail or a school; and will generate approx. 2,751 daily trips, 875 more daily trips than the existing land use on the project site, the Project fails to satisfy any of the Resolution’s three VMT screens. Thus, the City’s Resolution requires a VMT analysis with the Orange County Transportation Analysis Model (“OCTAM”), which has not been done. Id. at 5. A subsequent EIR must be prepared which includes such analysis by the City’s own requirements.

B. The City’s Transportation Mitigation Requirement is Infeasible for the Project
In addition to failing to comply with the Resolution requirement to prepare a VMT analysis with OCTAM for the Project, the Project further likely runs afoul to the Resolution’s mandate that “[o]nce a significant impact is identified, the project’s VMT per capita should be mitigated to be at or less than 15% below the existing Countywide VMT [service population].” Exhibit A at 5. This is because, as noted by transportation expert Noman Marshall, should a significant VMT impact be determined after a VMT analysis with OCTAM is conducted for the Project “[a]chieving significant VMT mitigation at this Project site may be impossible”. Id.

Specifically, parking measures which encourage residents to shift trips from autos to walking, biking, and transit, such as limiting residential parking supply and unbundling residential parking costs from property cost, do not work well in auto-oriented areas like the Project site which is auto-oriented. Id. at 8. Moreover, unbundling residential parking costs is in fact explicitly prohibited by the City. Accordingly, should a significant impact be determined during the necessary VMT analysis for the Project, which is likely the case given the Metro EIR and Project’s Revised Traffic Circulation Analysis findings, the Project will further conflict with the City’s Resolution since its transportation mitigation requirement is infeasible. Thus, for this reason too, a subsequent EIR must be conducted in order to assess whether the Project can adequately mitigate the Project’s transportation impacts and whether the Project conflicts with the City’s Resolution.

City Council 18 – 292 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

C. .....The Metro EIR Fails to Adequately Analyze the Project’s Noise Impacts Yet another reason why a subsequent EIR must be prepared is because the Metro EIR does not adequately analyze the Project’s noise impacts for several reasons. i. The Metro EIR Fails to Identify All Nearby Sensitive Receptors First, as noted by noise expert Steve Rogers, the Metro EIR does not adequately describe the environmental setting of the Project because it fails to capture all of the nearby sensitive receptors. June 29, 2023 Letter from Steve Rogers to Talia Nimmer (“Exhibit B”). Specifically, although the Metro EIR identifies a total of 15 nearby sensitive receptors, the locations selected are almost all on busy streets or close to freeways, and therefore do not represent quieter locations that are set back and/or shielded from major traffic routes. Id. at 2; Metro EIR at 4.9-3. For example, the Metro EIR fails to include the Lake Dianne Apartments complex, which is located immediately northeast of the Project site and represents the closest sensitive receivers to the sources of noise associated with the Project. Exhibit B at 2. Thus, a subsequent EIR must be prepared to assess ambient noise conditions for receivers further away from major traffic routes and/or shielded by intervening structures such as the Lake Diane apartment complex.
ii. The Metro EIR Fails to Adequately Characterize Ambient Noise Conditions
With regard to the sensitive receptors which the Metro EIR does identify, it fails to adequately characterize their ambient noise conditions. Rather, the sensitive receptors are short-term (15-minute), daytime readings only and therefore do not capture the quieter evening and nighttime periods, when any noise impacts from the Project will be more disruptive to nearby receivers. Id. at 1. Further, they are insufficient to determine 24-hour weighted average noise metrics, such as Community Noise Equivalent Level (“CNEL”), which is the basis of the noise standards in the City of Santa Ana General Plan. Id. at 2. A subsequent EIR must be prepared to adequately characterize the ambient noise conditions by (1) conducting 24-hour baseline noise measurements at locations selected to represent baseline ambient noise conditions at all sensitive receivers around the Project site; and (2) conducting continuous monitoring or, at a minimum, conducting 15- minute readings at 9AM – 5PM (daytime); 8PM – 10PM (evening); and 1AM – 3AM (nighttime). Id. at 5.

City Council 18 – 293 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

iii. The Metro EIR’s Significance Threshold Is Inadequate The CEQA Guidelines require that both temporary/periodic and permanent noise impacts be identified and addressed. Exhibit B at 2; see CEQA Guidelines Appendix G at 11; see also CEQA Guidelines §§ 15126; 15126.2(a). However, the thresholds of significance proposed in the Metro EIR would apply to operational (i.e. permanent) noise impacts only. Exhibit B at 2; Metro EIR at 4.9-14.

Moreover, the Metro EIR contends that noise level increases less than 5 dba are insignificant so long as the CNEL at sensitive receptors is below 65 dba. Id. However, it would be quite possible for noise from the Project to exceed the allowed limits according to the Santa Ana Municipal Code while remaining well below the proposed CNEL 65 significance threshold. For example, as noted by noise expert Steve Rogers:
the nighttime noise limit in the Municipal Code for continuous noise – such as air- conditioning – is 50 dBA (SAMC Section 18-312), for receivers where the ambient (nighttime) noise level is less than 50 dBA, which is likely the case for much of the Lake Dianne property. In this scenario, a continuous noise source that runs 24-hours per day and produces 53 dBA on the neighboring property would be out of compliance with the Municipal Code, but would result in a CNEL of less than 60.

Accordingly, a subsequent EIR must be prepared which revises the threshold of significance as follows: Any temporary or permanent noise impact resulting from the Project shall be considered significant if either one of the following conditions apply: (1) the Project results in noise levels in excess of standards established in the City of Santa Ana Municipal Code or General Plan; or (2) the Project results in a noise level increase of 5 dBA or more.
iv. The Metro EIR’s Construction Noise Analysis and Mitigation Measures Must Be Revised
The Metro EIR states that the impact of noise due to construction in the overlay zone could be substantial, even with mitigation, but that these impacts should be considered less-than-significant because the noise of construction is temporary and exempt from the noise limits in the Santa Ana Municipal Code. Exhibit B at 3; Metro EIR at 4.9-15. However, the characterization of construction noise impacts as less than significant is inconsistent with the CEQA Guidelines since, as the Metro EIR acknowledges, implementation of the Project may result in a significant adverse City Council 18 – 294 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

impact on noise if the Project would cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the Project. Exhibit B at 3; Metro EIR at 4.9-14.

Additionally, the Metro EIR’s imposed mitigation measure for constriction noise impacts are improperly deferred since they are vague in nature and would likely be difficult or impossible to enforce in practice. For example, MM-OZ 4.9-2 includes requirements to: “Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible” “Schedule high noise-producing activities between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption on sensitive uses”; and “Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources”. Metro EIR at 4.9-17. Use of the phrase “where feasible” provides a workaround, allowing the construction crew to locate equipment and stage materials as close as they see fit to sensitive neighbors. Similarly, there is no definition of the “high noise-producing activities,” which should cease at 5PM, or the amount of reduction required to be achieved by noise barriers/blankets around equipment. Absent such specification, the measures are improperly deferred.

See CEQA Guidelines § 15126.4 (“Formulation of mitigation measures shall not be deferred until some future time”).

As recommended by noise expert Steve Rogers, a subsequent EIR must be prepared to adequately analyze and mitigate the Project’s construction impacts by: (1) providing a Project-specific list of the types of equipment to be used during the various phases of demolition and construction, which identifies source noise levels (FHWA reference values) as well as the number of pieces to be employed for each phase and equipment type; (2) including a clear statement whether the Project will deliberately exclude any particularly noisy construction equipment/activities (such as pile-driving); (3) revising the construction noise analysis to reflect the total impact of all proposed equipment operating together, rather than a single piece of equipment operating in isolation; and (4) revising mitigation measure MM-OZ 4.9-2, so that bullet points 3 through 6 read as follows:
• Place noise-generating construction equipment and locate construction staging areas away from sensitive uses.

City Council 18 – 295 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

• Restrict any activities that result in noise levels in excess of the Thresholds of Significance to the hours of 8:00 AM to 5:00 PM to minimize disruption of sensitive uses.
• Implement noise barriers or noise blankets around construction equipment to achieve a minimum noise level reduction of 15 dBA. • Use electric air compressors and similar power tools rather than diesel equipment.
i. The Metro EIR’s Operation Noise Analysis Underestimates the Project’s Impacts
Finally, the Metro EIR’s operation noise analysis and mitigation measures must be revised. The Metro EIR includes an analysis of HVAC noise associated with new developments in the overlay zon,. The calculation starts with the assumption that HVAC systems “can result in noise levels that average between 50 and 65 dBA, Leq at 50-feet from the equipment”, then reasons that shielding around rooftop equipment might typically be expected to provide 15 dBA of noise reduction, resulting in a net noise level at 50-feet of 50 dBA. Metro EIR at 4.9-19. For equipment that runs 24- hours per day, the preparers point out that the relationship between the Leq noise level and the CNEL is 6.7 dBA, so that an Leq of 50 dBA at 50-feet would equate to a CNEL of 57. And since 57 CNEL falls below the proposed 65 CNEL significance threshold, the Metro EIR concludes that HVAC noise is less than significant. As noted by noise expert Steve Rogers, such analysis is problematic for at least two reasons.

Firstly, the estimate of HVAC unit noise seems too low for a mixed-use project that will likely have hundreds of HVAC units operating simultaneously. This is because the combined effect of multiple similar noise sources grouped together is calculated from the equation: Total Noise Level = Noise Level for Single Source x 10*LOG10 (Number of Sources) So, while we would expect that a single AC unit, serving a single apartment could produce a noise level of approximately 55 dBA at 50-feet, a grouping of 100 units (for example serving one section of the building) would have a total noise level of 55 + 10*LOG10 (100) = 75 dBA at 50- feet. Larger, commercial-grade equipment associated with the commercial and office portions of the project as well as ventilation fans for the parking structure (if required) would likely produce more noise City Council 18 – 296 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

than residential AC units, further adding to the noise sum for surrounding receivers. It is therefore likely that the analysis in the MEMU EIR substantially underestimates the total HVAC noise impact of the project.

The second problem with the HVAC noise analysis in the [Metro] EIR is that (like the proposed thresholds of significance) it overlooks the noise limits in the Santa Ana Municipal Code. The SAMC requires that noise from continuous sources – such as HVAC equipment – be limited to 50 dBA at night, unless the ambient noise level on the receiving property is greater than 50 dBA, in which case the ambient noise level becomes the noise limit. We expect that nighttime ambient noise levels on much of the Lake Dianne property are less than 50 dBA, so that the allowable limit for the combined noise of all HVAC equipment associated with the project is 50 dBA, not CNEL 65 as the MEMU EIR suggests. Exhibit B at 4.

Accordingly, the analysis presented in the Metro EIR does not adequately demonstrate that HVAC noise associated with the Project will be less than significant.

Moreover, the Project would include a significant amount of active and passive open space and outdoor amenities, including a 7,500 square-foot roof terrace, which would accommodate uses such as outdoor dining, game terrace, and view deck. According to the Planning Commission staff report, the roof terrace would be equipped with synthetic turf (possibly for sports)m a media wall, and festival lighting, suggesting nighttime use. However, the analysis in Metro EIR does not consider the potential for operational noise impacts associated with the type of outdoor amenities proposed for the Project and does not, therefore, demonstrate that any such impact is less than significant. Exhibit B at 4-5.

A subsequent EIR must be prepared which (1) revises the operational noise impact analysis to reflect the combined all of the equipment in the project HVAC system; (2) includes an evaluation of Project design features that would be incorporated into the building design to attenuate HVAC noise – such as equipment screens, duct silencers, etc.; (3) includes revised analysis adequately demonstrating that HVAC noise from the Project will be controlled to the point where it: (a) complies with the noise standards in the SAMC, and (b) limits noise level increases at surrounding sensitive uses to less than 5 dBA; (4) includes the outdoor amenities in the operational noise impact analysis, which provides realistic evaluation of crowd noise, sports/games, amplified sound, AV systems, etc. and should recognize the more stringent standards in the City Council 18 – 297 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

SAMC that apply to impact noise (balls bouncing) speech and music; and (5) supplements the operational noise mitigation measures as necessary to address noise from outdoor amenities, including but not limited to: limiting hours of use and/or occupancy of outdoor areas, additional noise shielding/screening features in the project design, limiting playback levels for outdoor amplified sound systems, etc.

D. The Project Requires New Feasible Mitigation Measures to Mitigate Greenhouse Gas Impacts
The Project at hand also requires new feasible mitigation measures not specified in the PEIR such as electric vehicle (“EV”) parking and charging stations and solar system installation. Such measures are of particular importance given the Metro EIR failed entirely to assess greenhouse gas (“GHG”) impacts. Metro EIR at 4-1 – 4-2.

First, although the Project is slated to provide 898 parking stalls, the Master EIR fails to specify the new requirement that residential buildings must designate 10% of their parking spaces as EV capable, equip 25% of the parking spaces with low power level 2 EV charging receptacles, and equip 5% of the spaces with level 2 EV supply equipment. GBC 4.106.4.2.

Further, the Metro EIR fails to include a mitigation measure requiring the installation of photovoltaic and battery system, as required by section 1040.10 of the 2022 Energy Efficiency Standards. Thus, a subsequent EIR must be prepared to specify and incorporate these additional feasible mitigation measures.

E. The Project May Have Significant Land Use Impacts Which Were Not Analyzed in the Metro EIR
Finally, the Project may have significant unanalyzed land use impacts stemming from the Project’s request for a tentative tract map (“TTM”), which the Metro EIR failed to analyze. Specifically, the Metro EIR provides that the:
project approvals include certification of the EIR for the proposed project, as well as adoption of the Overlay Zone and associated General Plan Amendment and Zone Change. This EIR is intended as a Program EIR, and specific development proposals made in the Overlay Zone would be subject to separate environmental clearance/review. Metro EIR at 3-17.

Thus, a subsequent EIR must be prepared which specifically analyzes the Project’s TTM request in its land use consistency analysis.

City Council 18 – 298 10/3/2023
City of Santa Ana – Cabrillo Town Center Project
August 17, 2023

Additionally, the Project runs afoul to the General Plan since it fails to provide any affordable housing units. One policy of the General Plan is to “encourage private and commercial recreational facilities that are physically open to the public and are affordable to residents of surrounding neighborhoods”. General Plan, Policy OS-1.10.

Similarly, the General Plan provides that the City must “explore development and subdivision options that promote new opportunities for sustainable, livable, and affordable development.” General Plan, Policy UD-2.8. As the Project at hand provides no affordable housing units, it conflicts with the General Plan. For this reason too, a subsequent EIR is warranted to assess the Project’s land use impacts.

V. CONCLUSION
For all of the foregoing reasons, SWMSRCC respectfully request that the City grant its appeal and require that the City prepare a subsequent EIR for the Project to be CEQA compliant. If the City has any questions, feel free to contact my office.

Sincerely,
Talia Nimmer
Attorneys for Southwest Mountain
States Regional Council of Carpenters
Attached:

Exhibit A: August 3, 2023 Letter from Norman L. Marshall to Talia Nimmer; and Exhibit B: June 29, 2023 Letter from Steve Rogers to Talia Nimmer.

City Council 18 – 299 10/3/2023

EXHIBIT A
City Council 18 – 300 10/3/2023
1 794 Sawnee Bean Road
Thetford Center VT 05075
Norman Marshall, President
(802) 356-2969
[email protected]
August 3, 2023
Talia Nimmer
Mitchell M. Tsai, Attorney At Law
139 South Hudson Avenue Suite 200
Pasadena, CA 91101
Subject: Comments on the Cabrillo Town Center Project
Dear Ms. Nimmer,
I have reviewed vehicle miles traveled (“VMT”) impacts of the proposed 20 Civic Center Plaza project in Santa Ana as described in the Planning Commission Staff Report, dated April 24, 2023, and the attached Revised Traffic Circulation Analysis, dated November 18, 2022. I make the following findings:
1) SB 743 requires that vehicle miles traveled (“VMT”) impacts be analyzed under CEQA. These impacts have not been analyzed for the proposed project. 2) The City of Santa Ana has adopted a Resolution and Guidelines for evaluating project VMT impacts that include three categories of projects that are screened from complete analysis. The proposed project does not satisfy any of these screens. As the project fails to satisfy any of the City’s three VMT screens, the City’s Resolution requires a VMT analysis with the Orange County Transportation Analysis Model (“OCTAM”). This OCTAM analysis is required for this project and has not been done.
3) If the OCTAM analysis results in a significant VMT impact, the Guidelines require mitigation to “15% below the existing Countywide VMT/SP” [Service Population]. 4) The proposed project is in an auto-oriented, VMT-inefficient part of the City of Santa Ana, and the project’s location also will largely preclude significant mitigation of its VMT impacts. One of the VMT-reduction measures recommended by the California Air Pollution Control Officers Association (CAPCOA), unbundling residential parking costs and rents, is prohibited by the City of Santa Ana.

City Council 18 – 301 10/3/2023
2 The Applicant Fails to Quantify the Project’s VMT Impacts As Required SB 743 requires that vehicle miles traveled (“VMT”) impacts be analyzed under CEQA. These impacts have not been analyzed for the proposed project.

The City of Santa Ana has adopted Resolution No. 2019-049 entitled A Resolution of the City Council of the City of Santa Ana Adopting “Vehicle Miles Traveled” Thresholds of Significance for purposes of Analyzing Transportation Impacts Under the California Environmental Quality Act. The City of Santa Ana Traffic Impact Study Guidelines attached to the Resolution states:

The City of Santa Ana has identified Vehicle Miles Traveled (VMT) as the metric for transportation impact analysis in all traffic studies in accordance with California Environmental Quality Act (CEQA) and California Senate Bill 743 (SB 743). The City of Santa Ana has prepared these Traffic Impact Study (TIS) Guidelines for assessing potential transportation impacts of proposed development projects, General Plan Amendments, and changes to the zoning in the City.

For land use projects (including this proposed project), the Resolution identifies three categories where projects can be screened from more complete VMT analysis:
• Transit Priority Area (TPA),
• Low VMT area,
• Project type.

Figure 1 reproduces the vicinity map from the Revised Traffic Circulation Analysis.

Figure 1: Vicinity Map
City Council 18 – 302 10/3/2023
3 The City’s Guidelines includes maps of the first two screening categories, and a map that combines them – preproduced here as Figure 2.

Figure 2: Santa Ana Development Areas that Cannot Be Screened [re VMT] City Council 18 – 303 10/3/2023
4 Figure 3 reproduces a portion of Figure 2 with increased contrast to show the street grid, along with the approximate location of the proposed project. The project is within the area that “cannot be screened.” Figure 3: Approximate Project Location Shown to Be in Area that “Cannot Be Screened” The third screening criteria includes three types of projects that are presumed to have a less than significant VMT impact including:
• Local serving retail projects of less than 50,000 square feet, • Neighborhood schools, and
• Projects that generate less than 110 daily trips.

City Council 18 – 304 10/3/2023
5 The proposed project satisfies none of these categories. It is predominantly a housing project, i.e., not local-serving retail or a school. The Revised Traffic Circulation Analysis estimates that the project would generate 2,751 daily trips after an adjustment for internal capture, and 875 more daily trips than the existing land use on the project site, i.e., much more than 110 daily trips. (Table 5-1, p. 19) As the project fails to satisfy any of the City’s three VMT screens, the City’s Resolution requires a VMT analysis with the Orange County Transportation Analysis Model (“OCTAM”). This OCTAM analysis is required for this project and has not been done.

A Significant VMT Impact Must Be Mitigated
The Resolution states:

A Significant impact would occur if the project causes total daily VMT within the City to be higher than the no project alternative under cumulative conditions. This analysis should be performed using the ‘project effect’ method.

The Guidelines attached to the Resolution state:

Once a significant impact is identified, the project’s VMT per capita should be mitigated to be at or less than 15% below the existing Countywide VMT/SP. Mitigation should consist of Transportation Demand Management (TDM) measures analyzed under a VMT-reduction methodology consistent with Chapter 7 of the California Air Pollution Control Officers Association (CAPCOA) Quantifying Greenhouse Gas Mitigation Measures (August 2010) and approved by the City’s Traffic Engineering Division.

Since the City’s Guidelines were adopted, CAPCOA has updated its guidance with the publication of its Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity: Designed for Local Governments, Communities, and Project Developers (Final Draft, December 2021). This newer publication states:

The Handbook builds on CAPCOA’s previous efforts to provide accurate and reliable quantification measures. In 2010, CAPCOA published Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emissions Reductions from Greenhouse Gas Mitigation Measures (hereafter referred to as the “2010 Handbook”). Since that time, climate science has evolved and GHG reduction practices have advanced in sophistication. New priorities have also arisen, such as strengthening climate resilience and infusing health and equity into integrated planning efforts.

Therefore, CAPCOA decided it was time to develop an updated and expanded resource to provide the latest data and methods to quantify GHG emissions reductions, climate change vulnerability reductions, and equity improvements in a single resource: The Handbook. (p. 2-3)
The City’s VMT Guidelines are best followed by applying the updated CALCOA Handbook.

Achieving significant VMT mitigation at this project site may be impossible. The Handbook includes 14 quantified VMT reduction measures at the Project/Site scale (p. 63). 9 of the 14 measures involve trip reduction projects that are not applicable to the predominantly residential character of the proposed project. The other 5 measures include 3 land use measures and 2 parking measures.

City Council 18 – 305 10/3/2023
6 The land use measures are applicable to residential development include:
• T-1 Increase Residential Density,
• T-3 Provide Transit-Oriented Development, and
• T-4 Integrate Affordable and Below Market Rate Housing.

The proposed project is denser than the surrounding area (Measure T-1), and density is associated with lower VMT. However, the Handbook states: “This measure is best quantified when applied to larger developments and developments where the density is somewhat similar to the surrounding area due to the underlying research being founded in data from the neighborhood.” (p. 70) The VMT benefits of density are highly correlated with being in walkable mixed-use neighborhoods. As shown in Figure 4, the proposed project is not within a higher-density mixed use neighborhood. There appears to be no housing of similar density in the neighborhood today. A large proportion of the land use is devoted to autos including freeways, wide streets, and surface parking. In the immediate vicinity of the proposed project, 4th Street is a 6-lane divided roadway posted at 40 mph and Cabrillo Park Drive is a four-lane, divided roadway posted at 35 mph (Revised Traffic Circulation Analysis, p. 8). Therefore, the VMTreduction benefits of density in this location are uncertain.

Figure 4: Project Vicinity
The proposed project is not a transit-oriented development (TOD) (Measure T-3). The Handbook states:
“TOD refers to projects built in compact, walkable areas that have easy access to public transit, ideally in a location with a mix of uses, including housing, retail offices, and community facilities.” As shown in Figure 5, although most of the City of Santa Ana is within Transit Priority Areas (within a half mile of a Metrolink Station and/or a High-Quality Bus Stop), but the proposed project is not.

City Council 18 – 306 10/3/2023
7 Figure 5: Santa Ana Transit Priority Areas (Reproduced from the City’s Guidelines) City Council 18 – 307 10/3/2023
8 The proposed project does not integrate affordable and below market rate housing (Measure T-4).

Instead of including affordable housing in the project, the “applicant has selected the option to pay inlieu fees.” (Staff Letter, p. 4-6) The parking VMT-reduction measures documented in the Handbook include:
• T-15 Limit Residential Parking Supply, and
• T-16 Unbundle Residential Parking Costs from Property Cost, and Both parking measures encourage residents to shift trips from autos to walking, biking, and transit. The Handbook states:

Limiting the amount of parking available creates scarcity and adds additional time and inconvenience to trips made by private auto, thus disincentivizing driving as a mode of travel. (Measure T-15)
On the assumption that parking costs are passed through to the vehicle owners/drivers utilizing the parking spaces, this measure results in decreased vehicle ownership and, therefore, a reduction in VMT and GHG emissions. (Measure T-16) The Handbook cautions that these measures may not work well in auto-oriented areas like the area where the proposed project is sited. The Handbook states:

When limiting parking supply, a best practice is to do so at sites that are located near high quality alternative modes of travel (such as a rail station, frequent bus line, or in a higher density area with multiple walkable locations nearby). (Measure T-15) Measure T-16, unbundling residential parking costs, is explicitly prohibited by the City of Santa Ana. Its document, Off-Street Parking Requirements, states:

No owner or agent of any owner of multiple-family residential property shall impose any charge on any resident for the privilege of parking in the offstreet parking spaces on such property which is separate and distinct from the rent charged to such resident for such resident's dwelling unit.1
The proposed project is in an auto-oriented, VMT-inefficient part of the City of Santa Ana, and the project’s location also will largely preclude significant mitigation of its VMT impacts.

Sincerely,
Norman L. Marshall
1 https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/03/Off-StreetParking11-17.pdf, p. 5 of 17.

City Council 18 – 308 10/3/2023
9 Resume
NORMAN L. MARSHALL, PRESIDENT
[email protected]
EDUCATION:

Master of Science in Engineering Sciences, Dartmouth College, Hanover, NH, 1982 Bachelor of Science in Mathematics, Worcester Polytechnic Institute, Worcester, MA, 1977 PROFESSIONAL EXPERIENCE: (32 Years, 18 at Smart Mobility, Inc.) Norm Marshall helped found Smart Mobility, Inc. in 2001. Prior to this, he was at RSG for 14 years where he developed a national practice in travel demand modeling. He specializes in analyzing the relationships between the built environment and travel behavior and doing planning that coordinates multi-modal transportation with land use and community needs.

Regional Land Use/Transportation Scenario Planning
Portland Area Comprehensive Transportation System (PACTS) – the Portland Maine Metropolitan Planning Organization. Updating regional travel demand model with new data (including AirSage), adding a truck model, and multiclass assignment including differentiation between cash toll and transponder payments.

Loudoun County Virginia Dynamic Traffic Assignment – Enhanced subarea travel demand model to include Dynamic Traffic Assignment (Cube). Model being used to better understand impacts of roadway expansion on induced travel.

Vermont Agency of Transportation-Enhanced statewide travel demand model to evaluate travel impacts of closures and delays resulting from severe storm events. Model uses innovate Monte Carlo simulations process to account for combinations of failures.

California Air Resources Board – Led team including the University of California in $250k project that reviewed the ability of the new generation of regional activity-based models and land use models to accurately account for greenhouse gas emissions from alternative scenarios including more compact walkable land use and roadway pricing. This work included hands-on testing of the most complex travel demand models in use in the U.S. today.

Climate Plan (California statewide) – Assisted large coalition of groups in reviewing and participating in the target setting process required by Senate Bill 375 and administered by the California Air Resources Board to reduce future greenhouse gas emissions through land use measures and other regional initiatives.

Chittenden County (2060 Land use and Transportation Vision Burlington Vermont region) – led extensive public visioning project as part of MPO’s long-range transportation plan update.

Flagstaff Metropolitan Planning Organization – Implemented walk, transit and bike models within regional travel demand model. The bike model includes skimming bike networks including on-road and off-road bicycle facilities with a bike level of service established for each segment.

Chicago Metropolis Plan and Chicago Metropolis Freight Plan (6-county region)— developed alternative transportation scenarios, made enhancements in the regional travel demand model, and used the enhanced City Council 18 – 309 10/3/2023
10 model to evaluate alternative scenarios including development of alternative regional transit concepts.

Developed multi-class assignment model and used it to analyze freight alternatives including congestion pricing and other peak shifting strategies.

Municipal Planning
City of Grand Rapids – Michigan Street Corridor – developed peak period subarea model including nonmotorized trips based on urban form. Model is being used to develop traffic volumes for several alternatives that are being additional analyzed using the City’s Synchro model City of Omaha - Modified regional travel demand model to properly account for non-motorized trips, transit trips and shorter auto trips that would result from more compact mixed-use development. Scenarios with different roadway, transit, and land use alternatives were modeled.

City of Dublin (Columbus region) – Modified regional travel demand model to properly account for nonmotorized trips and shorter auto trips that would result from more compact mixed-use development. The model was applied in analyses for a new downtown to be constructed in the Bridge Street corridor on both sides of an historic village center.

City of Portland, Maine – Implemented model improvements that better account for non-motorized trips and interactions between land use and transportation and applied the enhanced model to two subarea studies.

City of Honolulu – Kaka’ako Transit Oriented Development (TOD) – applied regional travel demand model in estimating impacts of proposed TOD including estimating internal trip capture.

City of Burlington (Vermont) Transportation Plan – Led team that developing Transportation Plan focused on supporting increased population and employment without increases in traffic by focusing investments and policies on transit, walking, biking and Transportation Demand Management.

Transit Planning
Regional Transportation Authority (Chicago) and Chicago Metropolis 2020 – evaluated alternative 2020 and 2030 system-wide transit scenarios including deterioration and enhance/expand under alternative land use and energy pricing assumptions in support of initiatives for increased public funding.

Capital Metropolitan Transportation Authority (Austin, TX) Transit Vision – analyzed the regional effects of implementing the transit vision in concert with an aggressive transit-oriented development plan developed by Calthorpe Associates. Transit vision includes commuter rail and BRT.

Bus Rapid Transit for Northern Virginia HOT Lanes (Breakthrough Technologies, Inc and Environmental Defense.) – analyzed alternative Bus Rapid Transit (BRT) strategies for proposed privately-developing High Occupancy Toll lanes on I-95 and I-495 (Capital Beltway) including different service alternatives (point-to-point services, trunk lines intersecting connecting routes at in-line stations, and hybrid).

Roadway Corridor Planning
I-30 Little Rock Arkansas – Developed enhanced version of regional travel demand model that integrates TransCAD with open source Dynamic Traffic Assignment (DTA) software, and used to model I-30 alternatives.

Freeway bottlenecks are modeled much more accurately than in the base TransCAD model.

City Council 18 – 310 10/3/2023
11 South Evacuation Lifeline (SELL) – In work for the South Carolina Coastal Conservation League, used Dynamic Travel Assignment (DTA) to estimate evaluation times with different transportation alternatives in coastal South Caroline including a new proposed freeway.

Hudson River Crossing Study (Capital District Transportation Committee and NYSDOT) – Analyzing long term capacity needs for Hudson River bridges which a special focus on the I-90 Patroon Island Bridge where a microsimulation VISSIM model was developed and applied.

PUBLICATIONS AND PRESENTATIONS (partial list)
DTA Love: Co-leader of workshop on Dynamic Traffic Assignment at the June 2019 Transportation Research Board Planning Applications Conference.

Forecasting the Impossible: The Status Quo of Estimating Traffic Flows with Static Traffic Assignment and the Future of Dynamic Traffic Assignment. Research in Transportation Business and Management 2018.

Assessing Freeway Expansion Projects with Regional Dynamic Traffic Assignment. Presented at the August 2018 Transportation Research Board Tools of the Trade Conference on Transportation Planning for Small and Medium Sized Communities.

Vermont Statewide Resilience Modeling. With Joseph Segale, James Sullivan and Roy Schiff. Presented at the May 2017 Transportation Research Board Planning Applications Conference.

Assessing Freeway Expansion Projects with Regional Dynamic Traffic Assignment. Presented at the May 2017 Transportation Research Board Planning Applications Conference.

Pre-Destination Choice Walk Mode Choice Modeling. Presented at the May 2017 Transportation Research Board Planning Applications Conference.

A Statistical Model of Regional Traffic Congestion in the United States, presented at the 2016 Annual Meeting of the Transportation Research Board.

MEMBERSHIPS/AFFILIATIONS
Associate Member, Transportation Research Board (TRB)
Member and Co-Leader Project for Transportation Modeling Reform, Congress for the New Urbanism (CNU) City Council 18 – 311 10/3/2023

EXHIBIT B
City Council 18 – 312 10/3/2023
2355 Westwood Boulevard, Suite 411 Los Angeles, CA 90064 Tel: 310.234.0939 rogersacoustics.com Steve Rogers Acoustics
June 29, 2023
Talia Nimmer
Mitchel M. Tsai, Attorney at Law
139 South Hudson Avenue, Suite 200
Pasadena CA 91101
[email protected]
Subject: Cabrillo Town Center Project, Santa Ana
Review of Environmental Noise Analysis
Dear Talia:

We have completed a review of environmental noise analysis that supported the City Planning Commission staff recommendation to approve of the Site Plan Review and Tentative Tract Map for the Cabrillo Town Center project in Santa Ana. Here are our findings:

OVERVIEW
• The project site is within the bounds of the Metro East Mixed Use (MEMU) Overlay Zone in the City of Santa Ana.
• In its Site Plan Review and Tentative Tract Map evaluation, the City of Santa Ana Planning Commission has relied on the findings and recommendations of the MEMU Environmental Impact Report dated March 2007 and Supplemental Impact Report dated August 2018. • The closing paragraph on page 12 of the Planning Commission Staff Report dated April 24, 2023 includes this statement:
“The previously prepared 2007 EIR and 2018 SEIR adequately described the project’s environmental setting, significant impacts and alternatives, and mitigation measures related to each impact. “ We disagree. In our opinion, there are aspects of the noise analysis in the MEMU EIR/SEIR that do not adequately describe the environmental setting of the Cabrillo Town Center project. We also find that the evaluation of noise impacts in the MEMU EIR/SEIR does not capture the full scope of likely noise sources associated with a large mixed-use project and is based on thresholds of significance that overlook key local regulations.
• Additional study – including field work – is required to adequately evaluate the potential noise impacts of the Cabrillo Town Center project and determine additional mitigation measures/features necessary to adequately protect neighboring residential uses.

AMBIENT NOISE BASELINE, OVERLOOKED SENSITIVE RECEIVERS
• Section 4.9 of the MEMU EIR reports results of a series of noise measurements made at a total of 15 monitoring locations in and around the MEMU area, as shown in Figure 4.9-1 and described in table

4.9-3. These measurements do not adequately characterize the baseline noise condition at sensitive receivers around the project site because:
- They are short-term (15-minute), daytime readings only and do not therefore capture the quieter evening and nighttime periods, when any noise impacts from the project will be more disruptive to nearby receivers.

City Council 18 – 313 10/3/2023
Cabrillo Town Center Project, Santa Ana June 29, 2023
Review of Environmental Noise Analysis Page 2 of 6
- They are insufficient to determine 24-hour weighted average noise metrics, such as Community Noise Equivalent Level (CNEL), which is the basis of the noise standards in the City of Santa Ana General Plan.
- The selected monitoring locations do not represent noise conditions on the Lake Dianne Apartments complex, which is located immediately northeast of the project site. The apartments here represent the closest sensitive receivers to the sources of noise associated with the project.
- The monitoring locations selected for the baseline noise evaluation are almost all on busy streets or close to freeways, which do not represent quieter locations that are set back and/or shielded from major traffic routes – such as the apartments on the Lake Dianne property. • In Table 4.9-4, the MEMU EIR provides “reference” CNEL values for an extensive list of road segments around the Overlay Zone area, which have been calculated using the Federal Highway Administration Noise Prediction Model. However, these projected noise levels are for hypothetical off-site receivers located very close to busy streets (50-ft from the centerline) and do not help characterize ambient noise conditions for receivers further away from major traffic routes and/or shielded by intervening structures.

THRESHOLDS OF SIGNIFICANCE
• The noise impact assessment for the MEMU was based on thresholds of significance defined on page 4.9-14 of the EIR.
• As we would expect, reference is made to Appendix G of the CEQA Guidelines; however, the significance thresholds themselves are problematic for the following reasons:
- Temporary/Periodic Impacts are Excluded
CEQA Guidelines require that both temporary/periodic and permanent noise impacts be identified and addressed. However, the thresholds of significance proposed in the MEMU EIR would apply to operational (permanent) noise impacts only. - Increase of less than 3 dBA
The preparers propose that any increase in noise, whether temporary or long-term, should be considered insignificant if it is less than 3 dBA. While it is true that a noise increase of 3 dBA would not be discernable to most people, it is also possible that a 3 dBA increase could make the difference between complying with local noise regulations (City of Santa Ana Municipal Code and General Plan) and not. In other words, there may be situations where a 3 dBA increase in noise level would – according to the CEQA Guidelines, as quoted on page 4.9-14 of the EIR – constitute a “significant adverse impact”.
- Increase of less than 3 dBA, more than 5 dBA
The MEMU EIR suggests that a noise level increase of more than 3 dBA but less than 5 dBA should be considered less than significant so long as the CNEL at sensitive land uses, including residential uses, is below 65. However, it would be quite possible for noise from the project to exceed the allowed limits according to the Santa Ana Municipal Code while remaining well below the proposed CNEL 65 significance threshold.

For example, the nighttime noise limit in the Municipal Code for continuous noise – such as airconditioning – is 50 dBA (SAMC Section 18-312), for receivers where the ambient (nighttime) noise level is less than 50 dBA, which is likely the case for much of the Lake Dianne property. In City Council 18 – 314 10/3/2023
Cabrillo Town Center Project, Santa Ana June 29, 2023
Review of Environmental Noise Analysis Page 3 of 6
this scenario, a continuous noise source that runs 24-hours per day and produces 53 dBA on the neighboring property would be out of compliance with the Municipal Code, but would result in a CNEL of less than 60.
- Increase of 5 dBA or More
For noise level increases of 5 dBA or more, two different significance thresholds are presented on page 4.9-1 of the MEMU EIR. One states simply that noise level increases of 5 dBA or more should be considered significant, while the other states that noise level increases of 5 dBA or more should only be considered significant if the resulting CNEL is 65 or higher.

We agree that a noise increase of 5 dBA or more caused by the Cabrillo Town Center project should be considered significant. We do not agree than a 5 dBA noise level increase is only significant if it also results in a CNEL of 65 or higher.

CONSTRUCTION NOISE IMPACTS
• In the description of Impact 4.9-1 on page 4.9-15, the MEMU EIR states that the impact of noise due to construction in the overlay zone could be substantial, even with mitigation, but that these impacts should be considered less-than-significant because the noise of construction is temporary and exempt from the noise limits in the Santa Ana Municipal Code (construction is one of the exemptions listed in SAMC Section 18-314).
• We agree that construction is temporary (even if a large project such as Cabrillo Town Center would take years to build) and acknowledge the construction noise exemption in the Municipal Code.

Nonetheless, the characterization of construction noise impacts as less than significant is inconsistent with the CEQA Guidelines as they are stated elsewhere in the MEMU EIR. According to the fourth bullet point on page 4.9-14, implementation of the project may result in a significant adverse impact on noise if the project would:
- Cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.

CONSTRUCTION NOISE MITIGATION
• On pages 4.9-17 and -18, the MEMU EIR provides a list of noise and vibration mitigation measures prescribed for construction activities within the overlay zone. Beyond reiteration of the construction hours restrictions in the Santa Ana Municipal Code (no construction after 8PM or before 7AM Monday – Saturday, no construction on Sundays or Federal holidays), these mitigations are often general/vague in nature and would likely be difficult or impossible to enforce in practice. • For example, MM-OZ 4.9-2 includes requirements to:
- “Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible
- Schedule high noise-producing activities between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption on sensitive uses
- Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources” Use of the phrase “where feasible” provides a workaround, allowing the construction crew to locate equipment and stage materials as close as they see fit to sensitive neighbors. Similarly, there is no City Council 18 – 315 10/3/2023
Cabrillo Town Center Project, Santa Ana June 29, 2023
Review of Environmental Noise Analysis Page 4 of 6
definition of the “high noise-producing activities,” which should cease at 5PM, or the amount of reduction required to be achieved by noise barriers/blankets around equipment.

OPERATIONAL IMPACTS
HVAC Equipment Noise
• The MEMU EIR includes an analysis of HVAC noise associated with new developments in the overlay zone, starting on page 4.9-19. The calculation starts with the assumption that HVAC systems “can result in noise levels that average between 50 and 65 dBA, Leq at 50-feet from the equipment”, then reasons that shielding around rooftop equipment might typically be expected to provide 15 dBA of noise reduction, resulting in a net noise level at 50-feet of 50 dBA. For equipment that runs 24- hours per day, the preparers point out that the relationship between the Leq noise level and the CNEL is 6.7 dBA, so that an Leq of 50 dBA at 50-feet would equate to a CNEL of 57. And since 57 CNEL falls below the proposed 65 CNEL significance threshold, the EIR concludes that HVAC noise is less than significant.
• We see two problems with this calculation and less-than-significant conclusion:
- Firstly, the estimate of HVAC unit noise seems too low for a mixed-use project that will likely have hundreds of HVAC units operating simultaneously. This is because the combined effect of multiple similar noise sources grouped together is calculated from the equation:

Total Noise Level = Noise Level for Single Source x 10*LOG10 (Number of Sources) So, while we would expect that a single AC unit, serving a single apartment could produce a noise level of approximately 55 dBA at 50-feet, a grouping of 100 units (for example serving one section of the building) would have a total noise level of 55 + 10*LOG10 (100) = 75 dBA at 50- feet. Larger, commercial-grade equipment associated with the commercial and office portions of the project as well as ventilation fans for the parking structure (if required) would likely produce more noise than residential AC units, further adding to the noise sum for surrounding receivers. It is therefore likely that the analysis in the MEMU EIR substantially underestimates the total HVAC noise impact of the project.
- The second problem with the HVAC noise analysis in the MEMU EIR is that (like the proposed thresholds of significance) it overlooks the noise limits in the Santa Ana Municipal Code. The SAMC requires that noise from continuous sources – such as HVAC equipment – be limited to 50 dBA at night, unless the ambient noise level on the receiving property is greater than 50 dBA, in which case the ambient noise level becomes the noise limit. We expect that nighttime ambient noise levels on much of the Lake Dianne property are less than 50 dBA, so that the allowable limit for the combined noise of all HVAC equipment associated with the project is 50 dBA, not CNEL 65 as the MEMU EIR suggests.
• For these reasons, we believe that the analysis presented in the MEMU EIR does not adequately demonstrate that HVAC noise associated with the Cabrillo Town Center project will be less than significant.

Outdoor Amenities
• The Cabrillo Town Center project would include a significant amount of active and passive open space and outdoor amenities, including a 7,500 square-foot roof terrace, which would accommodate uses such as outdoor dining, game terrace, and view deck.

City Council 18 – 316 10/3/2023
Cabrillo Town Center Project, Santa Ana June 29, 2023
Review of Environmental Noise Analysis Page 5 of 6
• According to the Planning Commission staff report, the roof terrace would be equipped with synthetic turf (possibly for sports) a media wall and festival lighting, suggesting nighttime use. • The analysis in Section 4.9 of the MEMU EIR does not consider the potential for operational noise impacts associated with the type of outdoor amenities proposed for the project and does not, therefore, demonstrate that any such impact is less than significant.

SUMMARY & RECOMMENDATIONS
We find that the MEMU EIR/SEIR does not adequately describe the environmental noise setting, nor does it properly evaluate the noise impacts of the Cabrillo Town Center project. In addition, the noise mitigation measures included in the MEMU EIR need to be revised and supplemented to better address project impacts. We therefore recommend that the MEMU EIR/SEIR be supplemented with revised/additional project-specific environmental noise analysis and documentation as follows:

Sensitive Receivers & Baseline Ambient Noise Levels
• Recognize the residential uses within the Lake Dianne Apartments complex – which are the closest sensitive receivers to the project site – and include this area in the noise impact analysis and baseline ambient noise measurements.
• Conduct 24-hour baseline noise measurements at locations selected to represent baseline ambient noise conditions at all sensitive receivers around the project site. The baseline noise survey should not be limited to locations on busy streets and should accurately reflect conditions at sensitive uses (such as those in the southwest quadrant of the Lake Dianne Apartments property) that are set back and/or shielded from traffic noise sources.
• Continuous noise monitoring is preferred. However, if continuous monitoring is not feasible at any of the receiver locations, then – at a minimum – the baseline should be established by means of 15- minute readings at each of the following three timeframes: 9AM – 5PM (daytime), 8PM – 10PM (evening) and 1AM – 3AM (nighttime).

Thresholds of Significance
• Revise the thresholds of significance in the MEMU EIR to include temporary impacts and for consistency with the noise limits in the City of Santa Ana Municipal Code, as follows:

Any temporary or permanent noise impact resulting from the project shall be considered significant if either one of the following conditions apply:
(1) The project results in noise levels in excess of standards established in the City of Santa Ana Municipal Code or General Plan.
(2) The project results in a noise level increase of 5 dBA or more.

Construction Noise Impacts & Mitigation
• Provide a project-specific list of the types of equipment to be used during the various phases of demolition and construction. For each phase and equipment type, identify source noise levels (FHWA reference values) as well as the number of pieces to be employed in that phase. • If the project will deliberately exclude any particularly noisy construction equipment/activities (such as pile-driving) then the project documentation must include a clear statement to this effect. • Revise the construction noise analysis to reflect the total impact of all proposed equipment operating together, rather than a single piece of equipment operating in isolation.

City Council 18 – 317 10/3/2023
Cabrillo Town Center Project, Santa Ana June 29, 2023
Review of Environmental Noise Analysis Page 6 of 6
• Revise/strengthen mitigation measure MM-OZ 4.9-2, so that bullet points 3 through 6 read as follows:
- Place noise-generating construction equipment and locate construction staging areas away from sensitive uses.
- Restrict any activities that result in noise levels in excess of the Thresholds of Significance to the hours of 8:00 AM to 5:00 PM to minimize disruption of sensitive uses. - Implement noise barriers or noise blankets around construction equipment to achieve a minimum noise level reduction of 15 dBA.
- Use electric air compressors and similar power tools rather than diesel equipment.

Operational Noise Impacts & Mitigation
• Revise the operational noise impact analysis to reflect the combined all of the equipment in the project HVAC system.
• Include an evaluation of project design features that would be incorporated into the building design to attenuate HVAC noise – such as equipment screens, duct silencers, etc. • The revised analysis must adequately demonstrate that HVAC noise from the project will be controlled to the point where it: (a) complies with the noise standards in the SAMC, and (b) limits noise level increases at surrounding sensitive uses to less than 5 dBA. • Include the outdoor amenities in the operational noise impact analysis. The analysis should include realistic evaluation of crowd noise, sports/games, amplified sound, AV systems, etc. and should recognize the more stringent standards in the SAMC that apply to impact noise (balls bouncing) speech and music.
• Supplement the operational noise mitigation measures as necessary to address noise from outdoor amenities. Mitigation measures may include: limiting hours of use and/or occupancy of outdoor areas, additional noise shielding/screening features in the project design, limiting playback levels for outdoor amplified sound systems, etc.

Yours sincerely,
Steve Rogers Acoustics, LLC
Steve Rogers
Principal
d:\tsai\cabrillo town center\report 1
City Council 18 – 318 10/3/2023
Resolution No. 2023-xx

RESOLUTION NO. 2023-xx

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA DENYING APPEAL
APPLICATION NOS. 2023-02 AND 2023-03 AND

UPHOLDING THE DETERMINATION OF THE

PLANNING COMMISSION TO APPROVE SITE
PLAN REVIEW (SPR) NO. 2023-01 AND
TENTATIVE TRACT MAP (TTM) NO. 2023-03
(COUNTY MAP NO. 19243) TO FACILITATE THE

CONSTRUCTION OF A MIXED-USE

DEVELOPMENT KNOWN AS CABRILLO TOWN
CENTER AT 1901 AND 1971 EAST FOURTH
STREET AND 515 AND 525 NORTH CABRILLO
PARK DRIVE, COLLECTIVELY 1901 EAST
FOURTH STREET (APNS: 400-051-02; 400-051-
09; 400-051-14; AND 400-051-15).

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, determines and declares as follows:

A. On April 24, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center (Project) at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively, 1901 East Fourth Street). After receiving public testimony on the item, the Planning Commission voted unanimously (6-0-0-1 with Ramos absent) to adopt a resolution approving SPR No. 2023-01 and TTM No. 2023-03, with modified conditions of approval. Specifically, the Planning Commission modified the conditions of approval to require the applicant, Fairfield Realty, LLC. (Applicant), on behalf of David A. Colton, trustee of David A.

Colton Trust (Property Owner) to coordinate with the Public Works Agency to develop a traffic-calming strategy when the project reaches 70-percent and 95-percent occupancy, and requires the applicant to implement such strategy when feasible and appropriate as determined by the City.

B. On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), submitted an appeal application (Appeal No. 2023-02) pursuant to Section 41-645 of the Santa Ana Municipal Code (SAMC) requesting that the City Council reconsider the Planning Commission’s decision because the Project was in “violation” City Council 18 – 319 10/3/2023
Resolution No. 2023-xx

of the California Environmental Quality Act (CEQA). Specifically, SAFER states that: (1) The decision of the Planning Commission was in “violation” of CEQA; (2) The City’s determination that the Project was analyzed in the 2010 Metro East Mixed Used (MEMU) Overlay Zone EIR and Subsequent EIR was incorrect; (3) The Project would have new and different significant environmental impacts that were not analyzed in the MEMU EIR; and (4) That a project-specific EIR should have been prepared to analyze the Project.

C. On May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to Section 41-645 of the SAMC requesting that the City Council reconsider the Planning Commission’s decision based on the following reasons:

I. Requirement of a Local Workforce. Specifically, the appellant states that, “The city should require the use of a local workforce to benefit the community’s economic development and environment.”
II. Training Requirements To Prevent Community Spread Of Covid-19 And Other Infectious Diseases. Specifically, the appellants states that, “The City should impose training requirements for the Project’s construction activities to prevent community spread of Covid-19 and other infectious diseases.”
III. California Environmental Quality Act (CEQA) Compliance.

Specifically, the appellant contends the following:
a. That CEQA mandates preparation of an EIR for projects so that the foreseeable impacts of pursuing the project can be understood and weighed;
b. That there are new transportation impact methodology requirements, not analyzed in the Certified EIR;
c. That the Project requires new feasible mitigation measures to mitigate greenhouse gas impacts; and
d. That the Project may have significant land use impacts which were not analyzed in the Certified EIR.

IV. Inconsistency with the General Plan. Specifically, the appellant contends that the Project is inconsistent with the General Plan because there are no onsite affordable units.

D. On August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section 41-645(b) of the SAMC. Nonetheless, staff provides a comprehensive response below on all appeal items received.

The subsequent letter reiterates certain points outlined in the appeal letter dated May 3, 2023. However, SWMSRCC makes several new points in their request that the City Council reconsider the Planning Commission’s decision, including the following reasons:

City Council 18 – 320 10/3/2023
Resolution No. 2023-xx

I. Infeasible Transportation Mitigation Requirements in the Certified EIR. Specifically, the appellant contends that the City's Transportation Mitigation Requirement is infeasible for the Project.

II. Adequate Analyzes Of Noise Impacts. Specifically, the appellant contends that the Certified EIR fails to adequately analyze the Project’s noise impacts, including the following:
a. That the Certified EIR fails to identify all nearby sensitive receptors;
b. That the Certified EIR fails to adequately characterize ambient noise conditions;
c. That the Certified EIR's significance threshold is inadequate; d. That the Certified EIR’s construction noise analysis and mitigation measures must be revised; and
e. That the Certified EIR’s operation noise analysis
underestimates the Project’s impacts
E. On October 3, 2023, the City Council conducted a duly noticed public hearing on Appeal Application No. 2023-02 (SAFER). The Appellant does not provide any substantial evidence that the Project would result in any new or more significant impacts than analyzed in the Certified EIR or that new mitigation is required. Moreover, the appellant does not provide information as to why they believe a project-specific EIR should have been prepared, or what new and different significant environmental impacts would result from the Project that have not already been analyzed in the EIR and Subsequent EIR. Nevertheless, a comprehensive response on the appeal items previously outlined has been prepared:

Pursuant to Public Resources Code Section 21166 and Sections 15162 and 15168 of the CEQA guidelines, staff deemed that the Project is within the scope of the 2007 Metro East Mixed-Use Overlay Zone Environmental Impact Report (EIR), hereinafter referred to as “Certified EIR.” Per Public Resources Code Section 21166 and Section 15162 (a), when an EIR has been certified, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole records, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the
severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental City Council 18 – 321 10/3/2023
Resolution No. 2023-xx

effects or a substantial increase in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete or the negative declaration was
adopted, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or negative
declaration;
B. Significant effects previously examined will be
substantially more severe than shown in the previous
EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are
considerably different from those analyzed in the
previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to adopt the mitigation measure or
alternative.

CEQA Guidelines Section 15168(c) sets forth criteria to use a program EIR for “later activities.” Specifically, CEQA Guidelines Section 15168(c) states the following:

Section 15168(c) – Use with Later Activities. Later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.

1. If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration.

That later analysis may tier from the program EIR a provided in Section 15152.

2. If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document
would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead City Council 18 – 322 10/3/2023
Resolution No. 2023-xx

agency determines based on substantial evidence in the
record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered
infrastructure, as described in the program EIR.

3. An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into later activities in the program.

4. Where the later activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the program EIR.

Based on staff’s analysis, the Certified EIR meets the definition under Guidelines Section 15168(a) because the Certified EIR analyzed the potential impacts associated with the MEMU Overlay Zone, which is a generally applicable plan containing rules, regulations and other general criteria governing a specified geographically contained area. The Certified EIR fully analyzed the potential environmental effects associated with the City’s adoption of the MEMU and subsequent foreseeable development within the MEMU. As discussed below, the Project is fully consistent with the MEMU Overlay Zone and within the scope of the Certified EIR.

The Project Site is located in the Village Center District of the MEMU.

Uses allowed in the Village Center District include a mix of commercial, office, and residential in mid-rise buildings of between 4 and 10 stories in a setting that provides open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the Village Center District. The Project conforms to this description by including development of the Project Site with a mixed-use development including up to 507 residential dwelling units (including apartments, live/work units, and townhomes), approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space in accordance with the Development Standards outlined in Table 1 in the Project Description of the Draft EIR portion of the Certified EIR.

As described in the Project Description section of this staff report, the Project Site would be separated into two distinct areas by a roadway (Parkcourt Place), which would traverse the site east/west. The northern portion of the Project Site would be developed with 58 townhomes and the City Council 18 – 323 10/3/2023
Resolution No. 2023-xx

southern portion would be developed with a five-story mixed-use building with 449 apartment units and 26,800 square feet of ground-floor commercial uses, which could include retail, office, and shopkeeper, surrounded by a central open space area and a pedestrian infrastructure to connect the Project to adjacent land uses. Therefore, the Project would be consistent with the allowable development under the MEMU. Finally, all applicable mitigation measures from the Certified EIR would be implemented by the Project, and each of the applicable mitigation measures would also be made conditions of approval for the Project.

Therefore, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe significant impacts, and there is no new information of substantial importance that has become available that would result in new or more severe significant impacts. Moreover, no subsequent EIR would be required for the Project. Based on the analysis herein and the Certified EIR and the whole of the record, under CEQA Guidelines Section 15168, the Certified EIR adequately described the Project activity for purposes of CEQA.

F. On October 3, 2023, the City Council conducted a duly noticed public hearing on Appeal Application No. 2023-03 (SWMSRCC) and found that:

I. Requirement of a Local Workforce
In April 2022, the City of Santa Ana City Council adopted an ordinance repealing and reenacting the City’s inclusionary opportunity ordinance. The City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) became effective in May of 2022. The Ordinance provides provisions for local skilled and trained workforce requirements. Specifically, Section 41-1904 (c) of the SAMC, states that the use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in-lieu fee payment option. Section 41-1904 further states that between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the 15- dollars per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project.

As previously outlined in this report, the applicant has selected the option to satisfy the AHOCO by paying in-lieu fees in the amount of 15 dollars per square foot. Based on available figures for the project, the project will contribute an estimated $8,043,600 in in-lieu fees, which must be spent on production of affordable housing in the City of Santa City Council 18 – 324 10/3/2023
Resolution No. 2023-xx

Ana (see Table 3 for the calculation methodology). Therefore, the applicant is in compliance with the AHOCO and is not required to provide local skilled and trained workforce.

Lastly, the provision of community benefits is not a requirement of CEQA. Further, the Project incorporates all applicable mitigation measures of the Certified EIR. Mitigation measures beyond those required by the Certified EIR are not required unless the Project would result in new or more severe impacts compared to those analyzed in the Certified EIR. The Project’s CEQA Findings demonstrate that the Project is consistent with the MEMU and within the scope of the analysis provided in the Certified EIR.

II. Training Requirements to Prevent Community Spread Of Covid-19 and Other Infectious Diseases
The Applicant’s request for the Planning Commission to mandate additional public health training is outside of the Planning Commission’s purview and outside of their land use powers and duties, as outlined in Section 2-350.2 of the SAMC. Moreover, the request is well outside the scope of CEQA. The Project incorporates all applicable mitigation measures of the Certified EIR. Mitigation measures beyond those required by the Certified EIR are not required unless the Project would result in new or more severe impacts compared to those analyzed in the Certified EIR. The Project’s CEQA Findings demonstrate that the Project is consistent with the MEMU and within the scope of the analysis provided in the Certified EIR.

III. California Environmental Quality Act (CEQA) Compliance a. The appellant contends that CEQA mandates preparation of an EIR for projects so that the foreseeable impacts of
pursuing the project can be understood and weighed.

Staff provides an analysis for why no subsequent EIR would be required, under the SAFER appeal analysis. To
summarize, pursuant to Public Resources Code Section
21166 and CEQA Guidelines Section 15162, there are no
substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe significant impacts, and there is no new
information of substantial importance that has become
available that would result in new or more severe significant impacts. Moreover, no subsequent EIR would be required for the Project. Based on the analysis herein and the Certified EIR and the whole of the record, under CEQA Guidelines
City Council 18 – 325 10/3/2023
Resolution No. 2023-xx

Section 15168, the Certified EIR adequately described the Project activity for purposes of CEQA.
b. The appellant contends that there are new transportation impact methodology requirements, not analyzed in the
Certified EIR.

The Project CEQA Findings demonstrate that the Project’s potential transportation impacts are within the scope of the analysis of the Certified EIR, including Exhibit 9G (Project LOS Analysis) and Exhibit 9H (Project VMT Information) as part of the Project staff report. As discussed therein, since adoption of the Certified EIR, the LOS metric for analyzing transportation and traffic impacts under CEQA has been
replaced with analysis of VMT to address consistency with CEQA Guidelines Section 15064.3(b). However, recent
California case law confirms that CEQA Guidelines Section 15064.3(b) only applies prospectively to CEQA documents that have not yet been circulated for public review and not to CEQA documents that rely on previously certified EIRs that complied with applicable CEQA requirements when publicly reviewed. The court in Olen Properties Corporation v. City of Newport Beach (2023) 93 Cal.App.5th 270 explicitly
recognizes that VMT impacts were known of and understood in 2006 when the EIR in that case was certified (the same year as the original Certified EIR for the MEMU) and
therefore do not constitute new information that would trigger recirculation. Thus, a project relying on a previously certified EIR under CEQA Guidelines 15168(c) is not required to
provide a VMT analysis if: (1) the previously certified EIR evaluated transportation impacts based on LOS and (2) the subsequent project is within the scope of the impacts
assessed in the previously certified EIR and any applicable mitigation measures are adopted.

The Certified 2006 EIR was certified well before CEQA
Guidelines Section 15064.3(b) was adopted and relies on an LOS analysis, not a VMT analysis, to analyze the MEMU’s transportation impacts. However, impacts associated with VMT were known of and understood at the time the Certified EIR was certified and therefore do not constitute new
information. Moreover, the CEQA findings associated with the Project will not be circulated for public review. Therefore, no VMT analysis is required to evaluate the Project’s
consistency with the Certified EIR and the City is evaluating such consistency based only on LOS.

City Council 18 – 326 10/3/2023
Resolution No. 2023-xx

Nevertheless, a VMT Screening Assessment Memorandum
(“Memo”) has been produced for the Project for informational purposes only, in response to this comment. The Memo
presents the VMT screening criteria, analysis methodology and the conclusion. The approach and methodology outlined in this Memo was consistent with the City of Santa Ana
Traffic Impact Study Guidelines (dated September 2019), which states that several types of projects can be screened out from a VMT assessment using identified criteria,
indicating that these projects have the potential to reduce VMT per service population and result in a less-thansignificant transportation impacts. Moreover, this Memo was thoroughly peer reviewed by the City’s Traffic Engineer, who concluded that the VMT memo prepared for the Project
shows the project is screened out from any full VMT
analysis. Further, the Traffic Engineer confirmed that the Memo shows that the project is within a HQTA, and it is consistent with the SCAG RTP/SCS.

Specifically, the Memo determines that the Project would not result in VMT impacts because it is located within a HQTA, where existing transit service provided by OCTA provides service intervals no longer than 15 minutes during the peak commute hours, and because the proposed land use was
consistent with the RTP/SCS as contained in SCAG’s
adopted Connect SoCal (2020–2045 RTP/SCS). Therefore,
in accordance with the City of Santa Ana’s guidelines, the proposed Project was deemed to be exempt from the
preparation of any further VMT analysis and may be
presumed to have a less than significant CEQA-related
transportation impact.
c. The appellant contends that the Project requires new feasible mitigation measures to mitigate greenhouse gas impacts.

The topic of GHG emissions impacts was not included in the CEQA Guidelines in place at the time the 2006 EIR was
certified, and as such, was not included in the Certified EIR’s analysis of the MEMU’s potential impacts. However, both the existence of carbon dioxide and other greenhouse gases
from fossil fuel combustion and other activities were known at the time the Certified EIR was approved. Since the
approval of the Certified EIR, federal and state laws and regulations have been adopted to reduce GHG emissions,
and the topic of GHG is included in the current version of the CEQA Guidelines. A detailed analysis of the Project’s GHG City Council 18 – 327 10/3/2023
Resolution No. 2023-xx

emissions impacts is included in Exhibits 9 and 9D of the Project staff report. As summarized, the Project would not result in any significant impacts related to GHG emissions.

Moreover, statutory/regulatory requirements do not need to be repeated as mitigation measures for the Project. The Project would be subject to all applicable solar photovoltaic (PV) and EV parking requirements (i.e., statutory
requirements) as outlined in the current 2022 California Green Building Code.

CEQA Guidelines Section 15064.4(a) assists lead agencies in determining the significance of the impacts of GHG
emissions, giving them discretion to determine whether to assess impacts quantitatively or qualitatively. The City, Southern California Air Quality Management District
(SCAQMD), Office of Planning and Research (OPR), CARB,
California Air Pollution Control Officers Association
(CAPCOA), and other applicable agencies have not adopted a numerical threshold of significance for assessing impacts related to GHG emissions. As a result, the methodology for evaluating a project’s impacts related to GHG emissions focuses on its consistency with statewide, regional, and local plans adopted for the purpose of reducing and/or mitigating GHG emissions.

Exhibit 9 describes the extent to which the Project is
consistent with or exceeds the performance-based
standards included in the regulations outlined in the 2022 Climate Change Scoping Plan, the 2020-2045 RTP/SCS,
and the City’s CAP. Given the Project’s substantial
consistency with state, SCAG, and City GHG emissions
reduction goals and objectives, the Project is consistent with applicable plans, policies, and regulations adopted for the purpose of reducing the emissions of GHG emissions. In the absence of adopted standards and established significance thresholds, and given this consistency, it is concluded that the Project’s incremental contribution to GHG emissions and their effects on climate change would not be cumulatively considerable. Further, GHG emissions-related impacts have long been known and understood at the time the Certified EIR was certified, and therefore, does not constitute new information for the purposes of this analysis.
d. The appellant contends that the Project may have significant land use impacts which were not analyzed in the Certified EIR.

City Council 18 – 328 10/3/2023
Resolution No. 2023-xx

As part of the Project, the applicant is requesting approval of a TTM (County Map No. 19243) to consolidate four existing lots, and create two new legal lots (Parcel 1 and 2), one of which will be subdivided for condominium purposes for the townhome portion of the site. Parcel 1 will include 14,900 square feet of live/work space (19 live/work units) and 449 residential rental units. Parcel 2 will consist of eight 3-story townhome buildings containing a total of 58 residential for sale units. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of attached tuck-under unit type structures (townhouse
development), and commercial/residential mixed-use (wrap building), consistent with the objectives uses analyzed in the Certified EIR.

Pursuant to Section 3.2 (Project Objectives) of the Certified EIR, implementation of the MEMU was intended fulfill the following objectives:
• Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other.
• Facilitate well-designed new mixed-use development
projects that combine residential and nonresidential
uses through innovative and flexible design solutions.
• Achieve the harmonious integration of new mixed-use
development within the existing fabric of the mid-rise
and high-rise office environment.
• Provide for a mix of housing in order to encourage a
continuum of living and a variety of household types.
• Allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row
houses, and high-quality stacked flats
Moreover, Section 3.3 (Project Description) of the Certified EIR outlines the primary elements in the MEMU, including:
• A potential increase in City population of 11,102
residents
• A potential increase in the number of available
residences within City limits by 5,551 units
• The potential development of 1,275,440 gross square
feet (gsf) of commercial (retail and service) space, as well as 3,410,507 gsf of office space. This
corresponds to a potential net increase of
City Council 18 – 329 10/3/2023
Resolution No. 2023-xx

approximately 963,000 sf of commercial space and
690,000 sf of office space beyond existing conditions.

As proposed, the TTM is required for the feasibility of the Project in order to provide for the intended mix of uses as envisioned by the City, in accordance with the MEMU and Certified EIR. Pursuant to the California Building Code requirements, no building or structure can be built over legal property lines to ensure compliance with fire and safety separation requirements. Therefore, approval of the TTM is required in order for the applicant to provide the proposed mixed-use development project. Moreover, the TTM does
not allow for the creation off additional units beyond what was previously analyzed in the Certified EIR. The units that would be created under the TTM would be consistent with the Certified EIR objectives, and would allow for multi-family residential townhouses (Parcel 2) and mixed commercial
and residential uses (Parcel 1).

Based on the above analysis, the Project would be fully consistent with the allowable development under the MEMU and within the scope of the Certified EIR. In addition, all applicable mitigation measures from the Certified EIR would be implemented by the Project, and each of the applicable mitigation measures would also be made conditions of
approval for the Project. Therefore, pursuant to Public Resources Code Section 21166 and CEQA Guidelines
Section 15162, there are no substantial changes to the
circumstances under which the Project would be undertaken that would result in new or more severe significant impacts, and there is no new information of substantial importance that has become available that would result in new or more severe significant impacts. Moreover, no subsequent EIR would be required for the Project. Based on the analysis herein and the Certified EIR and the whole of the record, under CEQA Guidelines Section 15168, the Certified EIR
adequately described the Project activity for purposes of CEQA.

IV. Inconsistency with the General Plan
The Affordable Housing Opportunity and Creation Ordinance (AHOCO) was adopted in 2011, then known as the Housing
Opportunity Ordinance (HOO), and amended in 2015, 2020, and most recently in May of 2022. The ordinance was adopted to implement the City’s General Plan Housing Element Goal of providing affordable housing within the City. Since inception, the City Council 18 – 330 10/3/2023
Resolution No. 2023-xx

Inclusionary Housing Fund has generated $28.2 million that has been used to develop new affordable housing, provide emergency shelter, and create homeownership opportunities. A total of 107 affordable housing units have been created, and an additional 86 units have been committed through such fees.

The AHOCO outlines various on-site affordable requirements for eligible ownership and rental projects. However, provisions allow for the payment of in-lieu fees rather than building the affordable housing units on-site. The Project would be a market-rate residential development with no units dedicated to affordable housing for lower-income residents. However, the Project would be required to pay an inclusionary housing in-lieu fee, consistent with the City’s AHOCO, to further the production of affordable housing units and development within the City. As previously outlined, the Project will contribute an estimated $8,043,600 in in-lieu fees, which must be spent on production of affordable housing in the City of Santa Ana.

Moreover, the Project would not remove any housing or affordable housing units. Rather, it would increase the housing stock of market-rate and affordable housing units through payment of an inlieu fee. The Project would result in a net increase of 507 total units which consists of wide range of housing types, including apartment units at different bedroom counts and townhome style units, consistent with the City’s General Plan goals and policies.

Therefore, the Project is in compliance with the AHOCO and the City’s General Plan Land Use and Housing Element.

General Plan Consistency
The City’s AHOCO, and specifically the in-lieu provisions, are consistent with various goals in policies in the City’s General Plan Housing Element (HE), including Goal 2 and 3, and policies HE-2.7, HE-3.1, and HE-3.2, outlined below:

Goal 2 – Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all
household types, income levels, and age groups.
• Policy HE-2.7
Affordable Component. Pursuant to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), require
eligible rental and ownership housing projects to include at least 15 percent of the rental housing units as affordable for City Council 18 – 331 10/3/2023
Resolution No. 2023-xx

low-income households; or 10 percent of the rental units affordable to very low-income households; or 5 percent of rental units affordable to lower income households (5
percent to low-income, 3 percent to very low-income, and 2 percent to extremely low-income households); or at least 5 percent of the units ineligible ownership projects affordable to moderate-income households. Implement various
strategies using the in-lieu fees generated by AHOCO to provide a wide array of affordable housing options.

Goal 3 – Increase opportunities for extremely low-, very low-, low-, and moderate-income individuals and families to find affordable housing, and afford a greater choice of rental and homeownership opportunities.
• Policy HE-3.1
Rental Assistance. Provide rental assistance for individuals and families with extremely low-, very low-, and low-incomes with funding from the federal government.
• Policy HE-3.2
Homeownership. Expand homeownership opportunities for
low- and moderate-income residents and workers in Santa Ana through the provision of financial assistance, education, and collaborative partnerships.

Lastly, the in-lieu provisions, are consistent with the Item No. 25 in the City’s the Housing Implementation Strategy, within the Housing Element, which outlines the following objective:

Item No. 25 – Affordable Housing Opportunity and Creation Ordinance (AHOCO)
Collect and leverage in-lieu fees with other sources to support the production and/or rehabilitation of affordable housing for extremely low-, very low-, and low-income families with a goal of funding eight projects for the planning period.

Inclusionary Housing Fund
Funding for this program is provided using revenues generated through in-lieu fees from the AHOCO. Funds can be used to increase and improve the supply of housing affordable to moderate income (120 percent AMI), low- (80 percent AMI), very low- (50 percent AMI) and extremely low-income (30 percent AMI)
City Council 18 – 332 10/3/2023
Resolution No. 2023-xx

households in the City. Funds can be used to make loans to eligible borrowers to provide affordable housing. Funds are also being used to provide down payment assistance for first time home buyers.

The City has used its inclusionary revenues to fund the development of many of its more recent affordable apartment properties.

Inclusionary housing requirements cannot be confiscatory or deprive an owner of a fair and reasonable return. California Gov’t Code § 65583(a) requires assessments of the potential and actual constraints on the development of housing. Within that context, it is important for affordable housing programs to be set up to balance the interests of property owners and developers against the public benefit created by the production of affordable housing units. As such, the in-lieu fees above are based on an evaluation of the affordable housing requirements that could be supported from an economic perspective. The results of this analysis were translated into order-of-magnitude estimates of the in-lieu fee amounts that could be charged on a financially feasible basis.

G. Moreover, on October 3, 2023, the City Council found that the supplemental comment letter dated August 17, 2023, from Mitchell M.

Tsai, on behalf of the SWMSRCC, was received outside of the 10-day appeal period, pursuant to Section 41-645(b) of the SAMC. Therefore, the subsequent appeal items do not satisfy the requirements of SAMC Section 41-645 and should not be considered. Nonetheless, staff has prepared a comprehensive response below on all appeal items received.

I. California Environmental Quality Act (CEQA) Compliance a. The appellant contends that the City’s Transportation Mitigation Requirement is infeasible for the Project
As previously discussed, the Project would not result in any significant LOS impacts, which is the metric utilized in the Certified EIR. Further, the VMT Screening Memo for the
Project CEQA Findings, demonstrates, for informational
purposes only (and not as a legal requirement), that the Project would not result in significant VMT impacts.

Therefore, no VMT-related mitigation measures are required. b. The appellant contends that the Certified EIR fails to adequately analyze the Project’s noise impacts. Specifically, the appellant contends that the Certified EIR fails to identify all nearby sensitive receptors.

City Council 18 – 333 10/3/2023
Resolution No. 2023-xx

The Certified EIR analyzed potential noise impacts at 15 sensitive receptors. While the nearest sensitive uses vary at different locations in and around the MEMU, and as specific development plans had not yet been determined at individual sites at the time the Certified EIR was prepared, it was assumed that sensitive receptors could be as close as 50 feet from where construction would take place. The
comment alleges that impacts to the Lake Dianne
Apartments were not analyzed. However, the Lake Dianne
Apartments are located 80 feet away from the Project Site, greater than the 50 feet assumed as the nearest sensitive receptor by the Certified EIR. Thus, the potential impacts to the Lake Dianne Apartments are within the scope of those analyzed by the Certified EIR.

In June 2023, DKA Planning, an expert noise consulting firm, took short-term noise measurements near the Project site to determine the current ambient noise conditions near the four nearest sensitive receptors: Cabrillo Park, 2001 E. 4th Street, the southeast corner of 4th Street and Cabrillo Park Drive, and 618 Sherry Lane. The residence at 724 N.

Parkcenter within the Lake Dianne Apartments is assumed to have the same ambient noise conditions as Cabrillo Park given its immediate proximity to Cabrillo Park and similarity in surrounding uses. For reference, Exhibit 9F (Noise
Technical Report), as part of the Project staff report, outlines the Project CEQA Findings.

Regarding construction, the Project would comply with
SAMC Section 18-314 and construction activities would be limited to the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday, and would be prohibited on Sundays and federal holidays. Exhibit 9F demonstrates that construction of the Project would not increase ambient noise levels at the nearest sensitive receptors by more than 5 A-weighted
decibels (dBA), and thus would not result significant noise impacts, including to the closest residence of the Lake Dianne Apartments. Furthermore, Exhibit 9F demonstrates that Project operation, including noise associated with mechanical and landscaping equipment, vehicles, outdoor and recreational uses, and trash and recycling services, would not increase ambient noise levels at the nearest
sensitive receptors by more than 5 dBA, and thus would not result in significant noise impacts, including to the closest residence of the Lake Dianne Apartments.

City Council 18 – 334 10/3/2023
Resolution No. 2023-xx

Further, the Project would also implement Mitigation
Measures MM-OZ 4.9-1 through MM-OZ 4.9-7 of the
Certified EIR to protect residential receptors and to minimize construction and operational noise and vibration levels.

Thus, the Project would not result in any new or increased significant impacts related to substantial temporary or permanent increase in noise and vibration beyond impacts already identified in the Certified EIR.
c. The appellant contends that the Certified EIR fails to adequately characterize ambient noise conditions.

First, this comment essentially challenges the adequacy of the Certified EIR analysis by making allegations about how the ambient noise measurements were taken. However, any challenge to the Certified EIR is untimely. The Notice of Determination was filed with the County Clerk and posted on March 23, 2007, and the statute of limitations closed in April 2007, and any challenge to the Certified EIR must have
been filed before then.

Second, this comment does not present any evidence, let alone substantial evidence, that the Project would result in any new or more significant impacts than analyzed in the Certified EIR or that new mitigation is required. Nonetheless, in June 2023, DKA Planning took short-term noise
measurements near the Project site to determine the current ambient noise conditions near the four nearest sensitive receptors: Cabrillo Park, 2001 E. 4th Street, the southeast corner of 4th Street and Cabrillo Park Drive, and 618 Sherry Lane. The residence at 724 N. Parkcenter within the Lake Dianne Apartments is assumed to have the same ambient
noise conditions as Cabrillo Park given its immediate
proximity to Cabrillo Park and similarity in surrounding uses.

Noise measurements were taken on a weekday afternoon
using a Quest Technologies Sound Examiner SE-400 Meter
that complies with the American National Standards Institute (ANSI) and International Electrotechnical Commission (IEC) for general environmental measurement instrumentation. In the absence of a protocol for establishing ambient noise levels for construction analyses, 15-minute measurements were used to characterize typical noise levels during hours when construction is likely to occur. No construction will occur at night. As the major source of ambient noise in the area (traffic) was stable, 15-minute durations were deemed to be sufficient to characterize ambient noise levels.

City Council 18 – 335 10/3/2023
Resolution No. 2023-xx

d. The appellant contends that the Certified EIR’s significance threshold is inadequate.

First, this comment essentially challenges the adequacy of the Certified EIR analysis by making allegations about the significance thresholds used. However, any challenge to the Certified EIR is untimely. The Notice of Determination was filed with the County Clerk and posted on March 23, 2007 and the statute of limitations closed in April 2007, and any challenge to the Certified EIR must have been filed before then.

Second, this comment does not present any evidence, let alone substantial evidence, that the Project would result in any new or more significant impacts than analyzed in the Certified EIR or that new mitigation is required.

Nonetheless, Exhibit 9F, as part of the Project staff report, analyzes both the Project’s noise impacts, both construction and operation. The analysis utilizes the same significance threshold as the Certified EIR, a 5 dBA over ambient
threshold for construction impacts and a 5 dBA over ambient threshold for operational impacts.

Regarding construction, the Project would comply with
SAMC Section 18-314 and construction activities would be limited to the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday, and would be prohibited on Sundays and federal holidays. Exhibit 9F demonstrates that construction of the Project would not increase ambient noise levels at the nearest sensitive receptors by more than 5 dBA, and thus would not result significant noise impacts, including to the closest residence of the Lake Dianne Apartments.

Regarding operation, Exhibit 9F demonstrates that Project operation, including noise associated with mechanical and landscaping equipment, vehicles, outdoor and recreational uses, and trash and recycling services, would not increase ambient noise levels at the nearest sensitive receptors by more than 5 dBA, and thus would not result in significant noise impacts, including to the closest residence of the Lake Dianne Apartments. Additionally, the Project would
implement Mitigation Measures MM-OZ 4.9-1 through MMOZ 4.9-7 of the Certified EIR to protect residential receptors and to minimize construction and operational noise and
vibration levels. Thus, the Project would not result in any new or increased significant impacts related to substantial City Council 18 – 336 10/3/2023
Resolution No. 2023-xx

temporary or permanent increase in noise and vibration
beyond impacts already identified in the Certified EIR. e. The appellant contends that the Certified EIR’s construction noise analysis and mitigation measures must be revised.

First, this comment essentially challenges the adequacy of the Certified EIR analysis by making allegations about the significance conclusions and mitigation measures. However, any challenge to the Certified EIR is untimely. The Notice of Determination was filed with the County Clerk and posted on March 23, 2007 and the statute of limitations closed in April 2007, and any challenge to the Certified EIR must have
been filed before then.

Second, this comment does not present any evidence, let alone substantial evidence, that the Project would result in any new or more significant impacts than analyzed in the Certified EIR or that new mitigation is required. Further, the Project’s ability to implement the Certified EIR mitigation measures demonstrates that the measures are not vague
and impossible to enforce. In fact the mitigation measures cited by this comment are standard best management
practices that are regularly implemented in development projects and will be adopted as mandatory project conditions of approval. Thus, the Project would not result in any new or increased significant impacts related to substantial
temporary or permanent increase in noise and vibration
beyond impacts already identified in the Certified EIR. f. The appellant contends that the Certified EIR’s operation noise analysis underestimates the Project’s impacts.

This comment essentially challenges the adequacy of the Certified EIR analysis by making allegations about the
operational noise impact analysis. However, any challenge to the Certified EIR is untimely. The Notice of Determination was filed with the County Clerk and posted on March 23, 2007 and the statute of limitations closed in April 2007, and any challenge to the Certified EIR must have been filed before then.

Further, this comment does not present any evidence, let alone substantial evidence, that the Project would result in any new or more significant impacts than analyzed in the Certified EIR or that new mitigation is required. As
described in Exhibit 9F, as part of the Project staff report, City Council 18 – 337 10/3/2023
Resolution No. 2023-xx

noise impacts from rooftop mechanical equipment on nearby sensitive receptors would be negligible. First, most modern heat pumps are relatively quiet, with sound ratings of up to 60 decibels, equivalent to normal human conversation.

Second, there would be no line-of-sight from these rooftop units to the sensitive receptors. Because the sensitive uses near the Project Site are one- to three-stories in height, there would be no sound path from the mechanical equipment to receptors that would be 20 to 45 feet lower than the roof of the Project. Third, the presence of the Project’s roof edge creates an effective noise barrier that further reduces noise levels from rooftop HVAC units by 8 dBA or more. A parapet would further shield sensitive receptors near the Project Site.

These design elements would be helpful in managing noise.

For the townhomes, outdoor mechanical equipment for
heating and cooling for each residence would likely be
located on the ground level of each unit. This could include a ground-mounted heat pump that would generate noise
during both heating and cooling sessions while air
conditioners operate during cooling cycles. This equipment would include a number of sound sources, including
compressors, condenser fans, supply fans, return fans, and exhaust fans. These units could be rated to generate a
sound power between 51 and 76 dBA. Any off-site sensitive receptors would not experience elevated noise levels without a direct line-of-sight to these units. Given their location near each residence, any sound path from these units would be attenuated by the presence of the townhomes and structures in the Project, as well as the distance to off-site receptors (i.e., Cabrillo Park to the north, Lake Dianne Apartments to the northeast). As a result, noise from HVAC units would negligibly elevate ambient noise levels, far less than the 5 dBA CNEL threshold of significance for operational impacts.

Regarding potential impacts related to composite outdoor uses, Exhibit 9F explains that the primary use of these spaces would be for human conversation, which would
produce negligible noise increases. There are no amplified noise sources proposed at the Project. Vocal intensity
increases about 0.38 dB for every 1.0 dB increase in noise levels above 55 dB. For example, the sound of a human
voice at 60 dB would produce a noise level of 39 dB at ten feet, which would not elevate ambient noise levels at any of the analyzed sensitive receptors by more than 0.2 dBA Leq.

Moreover, noise levels from human speech would attenuate rapidly with greater distance, resulting in a 33 dB noise level at twenty feet, and 27 dB at 40 feet. Table 9 in Exhibit 9F City Council 18 – 338 10/3/2023
Resolution No. 2023-xx

demonstrates that Project operation, including noise
associated with outdoor and recreational uses, would not increase ambient noise levels, and therefore would not result in significant noise impacts.

Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission’s decision, and the appeal, hereby finds and determines that the Planning Commission’s decision was not made in error, that the Planning Commission’s decision was not an abuse of discretion by the Planning Commission and that the Planning Commission’s decision was supported by substantial evidence in the record.

Section 3. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed-Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR) (SCH No. 2006031041). The 2007 EIR and 2018 SEIR anticipated potential development of 5,551 residential units, 963,000 square feet of commercial development, and 690,000 of office development. The 2007 EIR and 2018 SEIR analyzed impacts related to aesthetics, agriculture/forestry, air quality, biology, cultural resources, geology/soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population/housing, public services, transportation/traffic, tribal cultural resources and utilities. The EIR and SEIR concluded that there would be significant and unavoidable impacts associated with air quality, noise, and transportation/traffic, and mitigation measures were developed and recorded through an approved Mitigation Monitoring and Reporting Program (MMRP). As required by the MMRP, a traffic impact analysis was prepared for this project by Linscott, Law and Greenspan, Engineers (LLG). The analysis evaluated the existing operating conditions at 25 intersections, estimated the trip generation potential of the project, and forecasted future near-term and long-term operating conditions without the proposed project. Based on the analysis, off-site improvements are required at various intersections and at difference timeframes, as identified in the traffic analysis, which the Project will comply with.

The previously prepared 2007 EIR and 2018 SEIR adequately described the Project’s environmental setting, significant impacts and alternatives, and mitigation measures related to each impact. There are no substantial changes with respect to circumstances under which the Project is undertaken that will require major revisions to the EIR. There is no new information of substantial importance and there are no new environmental impact or mitigation measures needed. All applicable mitigation measures applied to the previously prepared 2007 EIR and 2018 SEIR will be applied to this project.

Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, City Council 18 – 339 10/3/2023
Resolution No. 2023-xx

equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 5. The City Council of the City of Santa Ana hereby denies Appeal Application Nos. 2023-02 and 2023-03, thereby upholding the Planning Commission’s approval of Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243), with modified conditions of approval to require the applicant to coordinate with the Public Works Agency to develop a traffic-calming strategy when the project reaches 70-percent and 95-percent occupancy, and requiring the applicant to implement such strategy when feasible and appropriate as determined by the City. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated October 3, 2023, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. [This space intentionally left blank]
[Signatures on the following page]
City Council 18 – 340 10/3/2023
Resolution No. 2023-xx

ADOPTED this ____ day of ___________, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 18 – 341 10/3/2023
Resolution No. 2023-xx

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2023.

Date: ________________ ____________________________________ Clerk of the Council
City Council 18 – 342 10/3/2023

PARKING STUDY AND PARKING MANAGEMENT PLAN

CABRILLO TOWN CENTER MIXED-USE PROJECT
Santa Ana, California
December 9, 2022
City Council 18 – 343 10/3/2023
December 9, 2022
Grant Williams
FRH Realty
5355 Mira Sorrento Place, Suite 100
Carlsbad, CA 92121
LLG Reference: 2.22.4531.1
Subject: Parking Study and Parking Management Plan for the Cabrillo Town Center Mixed-Use Project
Santa Ana, California
Dear Mr. Williams:

As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Parking Study and Parking Management Plan for Cabrillo Town Center Mixed-Used Project (hereinafter referred to as Project) in the City of Santa Ana, California. The Cabrillo Town Center Project is a planned mixed-use residential apartment project consisting of 507 residential apartment/townhome units with up to 17,200 square-feet (SF) of retail/commercial space, plus an additional 6,100 SF of commercial floor area allocated to leasing/co-work space. The Project site is a 8.97±-acre rectangularshaped parcel of land within the Metro East Mixed-Use (MEMU) Overlay Zone that is generally located north of Fourth Street and east of Cabrillo Park Drive in the City of Santa Ana, California
This Parking Management Plan (PMP) has been prepared in response to City of Santa Ana requirements for the proposed Project to ensure adequate parking for all Project residents, tenants, employees and guests. This PMP is intended to be used to ensure that the Project’s parking supply, based on parking information published in the City of Santa Ana Metro East Mixed-Use (MEMU) Overlay Zone, Chapter 4.0 Development Standards, Section 4.8 Parking and Access, (A)(2) Village Center District (Section 4.8(A)(2), will be sufficient to accommodate the Project’s actual parking demand. In addition, per City comments, the PMP should identify how stalls are assigned, gates are managed, method of access (keycard, access codes) for residents, guests, employees, and public. Further, the PMP should incorporate the requirements published in Section 4.8(B)(2) of the MEMU, and also the requirements of Section 4.8(B)(4) of the MEMU.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 344 10/3/2023
Grant Williams
December 9, 2022

PARKING GOALS

1. Meet or exceed City minimum requirements for total parking spaces.

2. Provide all resident and guest parking spaces onsite.

3. Provide flexible onsite parking opportunities for retail/commercial and resident parking that respect both commercial tenants and guest parking needs.

4. Enact policies that promote parking efficiencies and effective communication between Property Management, commercial tenants and project residents.

5. Enact policies of enforcement that are sufficiently flexible to meet current and changing parking demands.

PROJECT DESCRIPTION AND MULTIMODAL SETTING
Existing Development
The Project site is a 8.97±-acre rectangular-shaped parcel of land within the Metro East Mixed-Use (MEMU) Overlay Zone that is generally located north of Fourth Street and east of Cabrillo Park Drive in the City of Santa Ana, California. The Project site has an existing zoning of Professional (P) and is identified with a “Village Center District” designation in the MEMU Overlay Zone. The subject property is currently developed with four (4) three-story office buildings with a total floor area of 173,025 square-feet (SF) of floor area and approximately 617 surface parking spaces.

The northern half of the Project site, addressed at 515 – 525 Cabrillo Park Drive, is developed with two (2) three-story office buildings with a total floor area of 92,115 SF, whereas the southern half, addressed at 1907 – 1971 E. Fourth Street, is developed with two (2) three-story office buildings with a total floor area of 80,910 SF.

Vehicular access to the Project site is currently provided via two (2) right-turn only driveways on Fourth Street, one (1) right-turn only driveway on Cabrillo Park Drive, and a full access driveway located opposite Park Court Place at Cabrillo Park Drive; No cross vehicular access is now provided with the adjacent commercial property to the east. See Figure 1-1, a Vicinity Map that illustrates the general location of the Project and surrounding street system. Figure 2-1 is an existing aerial photograph of the Project site.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 345 10/3/2023
Grant Williams
December 9, 2022

Proposed Project
The proposed Project will include the development of up to 507 residential apartment/townhomes units with a total of 1,025 parking spaces. Site “A” is proposed as five-story apartment podium with up 449 apartment homes consisting of 23 studio units, 264 one-bedroom units, 148 two-bedroom units, and 14 two-bedroom/livework units, and 17,200 SF of retail/commercial floor area that consists of 5,800 SF of ground floor retail space and 11,400 SF of live/work commercial/office space. Onsite facilities for Site “A an additional 6,100 SF of leasing office and co-work space as well as resident amenities. Parking for Site “A” will be provided via a six-level parking structure with a total of 898 parking spaces. Of the proposed 898 spaces, 90 spaces are proposed to be allocated for resident guest and retail/commercial parking needs, with the remaining 808 spaces allocated for resident parking. In addition, although not counted as a part of the Site “A’s” parking supply, an additional 23 onstreet parking spaces will be provided on Park Court Place.

Site “B” is proposed as residential townhome community consisting of three-story townhomes with a total of 58 units and parking supply of 127 spaces consisting of 116 resident garage spaces and 11 open surface parking for use by resident guest. Onsite facilities/amenities of the Site “B includes open space/courtyards. Although not counted as a part of the Project’s parking supply, an additional 23 on-street parking spaces will be provided on Park Court Place.

Table 1-1 provides a summary of the proposed Project components, whereas Table 1- 2 provides a summary of the parking spaces provided within the proposed apartments parking structure, by level and type. Figure 2-2 presents the proposed Site Plan, prepared by AO Architects, dated 11/10/2022.

Project’s Pedestrian Connections
Pedestrian circulation would be provided via existing public sidewalks along Fourth Street and Cabrillo Park Drive which will connect to the project site. The project will protect the existing sidewalk along project frontage, and if necessary, repair or reconstruct sidewalks along the project frontage per the City’s request. The existing sidewalk system within the project vicinity provides direct connectivity to the existing retail/commercial development located along major throughfares.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 346 10/3/2023
Grant Williams
December 9, 2022

Project’s Proximity to Public Transit
Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Four (4) OCTA bus routes operate within the vicinity of the project site on First Street, 4th Street, 17th Street, and Tustin Avenue, which consists of the following:
. OCTA Route 60: The major routes of travel include 17th Street and Tustin Avenue. Nearest to the project site are bus stops located on 17th Street at Cabrillo Park Drive in the northwest and southwest corners. Route 60 operates on approximate 20-minute headways during weekdays and 15-minute headways on weekends.
. OCTA Route 64: The major route of travel is First Street. Nearest to the project site are bus stops located on First Street at Cabrillo Park Drive in the southeast and northwest corners. Route 64 operates on approximate 15-minute headways on the weekdays and 20-minutes on the weekends.
. OCTA Route 71: The major route of travel is Tustin Avenue. Nearest to the project site are bus stops located on Tustin Avenue at 4th Street in the northeast and southwest corners. Route 71 operates on approximate 50-minute headways on the weekdays and 45-minute headways on the weekends.
. OCTA Route 463: The major route of travel is 4th Street. Nearest to the project site are bus stops located on 4th Street at Cabrillo Park Drive in the northeast and southeast corners. Route 463 operates on approximate 25-minute headways on the weekdays and no bus service on the weekends.

Figure 3-2 graphically illustrates the transit routes of OCTA within the vicinity of the project. Figure 3-3 identifies the locations of the existing bus stops in proximity to the Project site.

Project’s Proximity to Bicycle Facilities
The City of Santa Ana promotes bicycling as a means of mobility and a way in which to improve the quality of life within its community. The Bikeway Master Plan recognizes the needs of bicycle users and aims to create a complete and safe bicycle network throughout the City. Currently, not many bicycle facilities exist in the study area. However, review of Figure 3-4, which presents the City’s Bikeway Master Plan, shows that a Class I bike path is proposed to be built along Tustin Avenue within the vicinity of the Project.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 347 10/3/2023
Grant Williams
December 9, 2022

PARKING DEMAND ANALYSIS
Parking Requirements per MEMU Requirements
To determine the number of parking spaces required to support the proposed Project, the parking requirement was calculated based on parking information published in the City of Santa Ana Metro East Mixed-Use Overlay Zone, Chapter 4.0 Development Standards, Section 4.8 Parking and Access, (A)(2) Village Center District (Section

4.8(A)(2). The following parking ratio was used to determine the required parking:
. Section 4.8(A)(2)(c): Mixed-use developments with less than 10 percent of the gross floor area devoted to commercial activity: a minimum of 2.0 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses.
. Section 4.8(A)(2)(d): Mixed-use developments with 10 percent or greater of the gross floor area devoted to commercial activity: Any development proposal that devotes 10 percent or more of the development’s gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses shall be established.

Given the proposed Project’s commercial floor area, which totals 17,200 SF, equates to less than 10 percent of the Project’s total gross floor area, the Project would require

2.0 spaces per residential unit or live/work unit, inclusive of guest parking and any nonresidential uses.

Table 2 presents the MEMU parking requirements for the Project. Review of the upper half of Table 2 identifies that the Project’s proposed 449 apartment homes component would require 898 spaces. With a proposed parking supply of 898 parking spaces, the City’s MEMU parking requirement for this Project component is satisfied.

It should be noted that the retail/commercial and resident guest supply consists of 90 spaces located on the ground floor and subterranean level of the parking structure which will be ungated.

Review of the lower half of Table 2 identifies that for the Project’s proposed 58 unit townhome development, a parking requirement of 116 spaces is required (2.0 spaces per unit x 58 units). With a proposed parking supply of 127 spaces, this Project component has an 11-space parking surplus when compared to the City’s MEMU parking requirements.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 348 10/3/2023
Grant Williams
December 9, 2022

However, knowing that the retail/commercial and residential guest component of the Project are expected to share spaces and would have peaks that occur at different times of the day a shared parking assessment has been considered. The shared parking approach would be a part of the Project’s PMP to ensure adequate parking is maintained for all users of the Project.

It is noted that although not counted as a part of the Project’s parking supply, an additional 23 on-street parking spaces will be provided on Park Court Place, thus effectively increasing the Project’s overall surplus to 34 spaces.

PARKING MANAGEMENT PLAN (PMP)
The Parking Management Plan should incorporate the requirements published in Section 4.8(B)(2) of the MEMU, and also the requirements of Section 4.8(B)(4) of the MEMU as summarized below:
. 4.8(B)(2). All residential units shall be provided a minimum of one (1) assigned space per unit.
. 4.8(B)(4). Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced.

As such, to ensure adequate parking is provided for both tenants, employees and guests of the Project, it is recommended that when the Property Owner and/or Property Management Company deems it necessary, the following key Parking Management Strategies be implemented by the Property Owner and/or Property Management Company.

PMP Measures
Specific PMP measures are described below, and were developed based on the following objectives and will be implemented through signage and by on-site management:

Objectives:
• The PMP should restrict residents from parking in the guest spaces. • The PMP should restrict guests from parking in the reserved resident spaces.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 349 10/3/2023
Grant Williams
December 9, 2022

• The PMP should require guests to park in designated guest spaces. • The PMP should restrict vehicles from exceeding the time restriction on the short term parking, if any is proposed.
• The PMP should allow for the use of proposed “short-term/time restricted” parking spaces allocated retail and leasing use for use by residents and resident guests after business hours, if necessary.
• The PMP should help develop the framework for a detailed parking agreements between the leasing office and the tenants
Retail/Commercial Component

1. The Property Owner/Property Management Company will implement a reciprocal/shared parking program to ensure the pool of parking for the retail/commercial component and guest of the residential component is available to be “shared”. The pool of parking spaces to be allocated for resident guest and retail/commercial use is proposed to be provided on Subterranean Level and Level 1 of the apartment parking structure in compliance of Section 4.8(B)(4) of the MEMU.

2. The Property Owner/Property Management Company will work with tenants of the Project’s retail/commercial component to implement an employee parking program, with the goal of providing convenient and accessible shopping experience for the customers of the retail/commercial uses and to leave the most desirable parking spaces within the parking structure for use by customers. The location of designated employee parking spaces will be developed in collaboration between Property Owner/Property Management Company and the tenants. The employee parking spaces will be identified with a white or yellow circle, and/or signage. It is noted that these spaces will be open for customer use.

3. The Property Owner/Property Management Company will work with tenants of the Project’s retail/commercial component to identify the need for “short term/time restricted spaces” on an as need basis, dependent on the needs of the proposed retail and/or commercial/office use, These short term spaces will most likely be designated on the ground floor (Level 1) of the Site A parking structure.

The short-term spaces may be used for service retail-type users as well as be designated for prospective resident tenants. The number and location of spaces will be determined by Property Owner/Property Management Company and the potential tenants.

4. Retail/commercial customers or visitor of the tenants of apartment mixed-use component of the Project will be able to park, on a first come first serve basis, on the 23 on-street parking spaces along Park Court Place.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 350 10/3/2023
Grant Williams
December 9, 2022

Residential Component

5. The Property Owner/Property Management Company shall assign one (1) parking space to every unit for the Project’s 449 unit apartment component per Section

4.8(B)(2) of the MEMU. Additional spaces may be assigned to any unit that requests additional assigned spaces dependent on the number of bedrooms provided within said unit. The Property Owner/Property Management Company shall determine the allocation of parking spaces for resident tenants and location of guest parking spaces, inclusive of spaces designated and signed for prospective resident tenants. Resident may not park more than two (2) vehicles in the complex unless authorized by the Project Owner/Project Management Company.

6. Residents will be provided a transponder or similar device (fob or key card, etc.) for remote access to the gated residential parking area within the Project’s 449 unit apartment component. As shown in the Project site plan, Level 1 of the parking structure will have two residential gates to access the upper levels of the garage.

7. The Property Owner/Homeowner’s Association shall require residents of the 58- unit townhomes component to use their garage to park their vehicle. Recognizing that garages are sometimes used for storage, it will be the resident’s responsibility to ensure that a resident’s vehicle can park in the garage with the door closed. No boats or RV’s are allowed. Resident vehicles not parking in their garage space will be towed.

8. Pending the requirements of the Property Owner/Homeowner’s Association Company, resident vehicles may be allowed to parked temporary outside their garages. However, if a temporary valid permit is not obtained from the Property Owner/Property Management Company and is not properly displayed, the vehicle may be towed at the owners’ expense. The eleven (11) open spaces located within the townhomes component of the Project should be made available to accommodate townhome resident guests parking needs. Resident guests of the townhomes component of the Project will be able to park, on a first come first serve basis, within eleven (11) parking space of the townhome site.

9. Vehicles lacking current registration will not be issued a permit. Vehicles that have lapsed registration will be towed by the Property Owner/Property Management Company or Homeowner’s Association. The storage of inoperable or unregistered vehicles is prohibited.

10. Every resident will be required to register their vehicle. The registered owner must be a lease holding resident. No permits will be issued to non-lease holders, N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 351 10/3/2023
Grant Williams
December 9, 2022

or vehicles not registered to a lease holder. This registration will be updated annually at the time of recertification.

11. Vehicles may not occupy unassigned spaces for more than twenty-four (24) hours, without contacting the leasing office in advance. Violators are subject to towing at the vehicle owner’s expense.

12. If you obtain a new vehicle, you must provide new registration, and will be given a new permit (transferring permits is not permissible).

13. Violation of the PMP strategies contained herein may result in the towing of the vehicle at the vehicle owner’s expense.

14. The enforcement of resident and resident guest parking on-site parking requirements summarized herein will be handled by the Property Owner/Property Management Company or the Homeowner’s Association to ensure compliance.

Retail/Commercial & Residential Component

15. Relative to the 23 curbside parking spaces located on Park Court Place, the Property Owner/Property Management Company will work with the City of Santa Ana on time-restrictive signage for these spaces. No overnight parking should be allowed on these spaces and parking should be limited to no more than 2-hours during the period of 8:00 AM to 7:00 PM daily. The PMP may consider limiting resident and/or resident guest parking to after 5:00 PM daily. Given the on-street parking spaces are within the public right-of-way, the installation of the necessary signing and striping improvements will be subject to the review and approval of the City of Santa Ana. Further yet, the enforcement of parking restrictions these public parking spaces would be the responsibility of the City of Santa Ana.

16. Resident guests of the apartment homes component of the Project will be able to park, on a first come first serve basis, within the 90 spaces allocated within the apartment’s parking structure or 23 on-street parking spaces along Park Court Place. Resident and/or Resident Guest parking overnight will require prior approval by Property Owner/Property Management Company and a permit.

17. The parking conditions for the Project will be reviewed/monitored on an annual basis by the Property Owner/Property Management Company and Homeowner’s Association and appropriate actions detailed above will be taken to ensure that the necessary PMP measures are being implemented.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 352 10/3/2023
Grant Williams
December 9, 2022

Through this monitoring and cooperation with the residents and tenants as a result of the annual review/monitoring, a partnership will be formed to ensure that residential tenants and retail employees and Management Company personnel on the property work together to ensure adequate parking is available.

SHARED PARKING ANALYSIS
To validate the adequacy of the proposed retail/commercial parking supply in combination with the residential guest component a shared parking analysis has been prepared based on the utilization profile of each included land use component. The following section calculates the parking requirements for Project based on the shared parking methodology outlined in ULI Shared Parking, 3rd Edition.

The specific tenancy mix of the Project provides an opportunity to share parking spaces based on the utilization profile of each included land use component. The parking ratios identified above have been used directly for incorporation into a shared parking analysis consistent with the methodology outlined in the Urban Land Institute (ULI) and published in Shared Parking, 3rd Edition. Based on the results of this shared parking assessment, the adequacy of the Project’s retail/commercial component and resident guest parking supply of 90 spaces can be determined.

Key inputs in the shared parking analysis for each land use include:
. Peak parking demand by land use for visitors and employees. . Adjustments for alternative modes of transportation, if applicable. . Adjustment for internal capture (captive versus non-captive parking demand), if applicable.
. Hourly variations of parking demand.
. Weekday versus weekend adjustment factors
. Monthly adjustment factors to account for variations of parking demand over the year.

For this analysis, a conservative 10% parking adjustment to account for (1) “walkin/internal capture” trips attributable to synergy between uses within the Project and adjacent residential uses, and (2) alternative modes of travel (i.e. carpool, vanpool, transit, bicycle, pedestrian) were utilized to provide a conservative parking demand forecast for the proposed Project. For the Project’s Live/Work component, it is assumed that 50% of the employee parking needs are attributed to the residents who would occupy these units. These adjustments are representative of the interaction between the Project’ retail and residential component and as well as the existing uses in the vicinity of the Project site.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 353 10/3/2023
Grant Williams
December 9, 2022

Tables 3 and 4 present the overall weekday and weekend parking demand profiles for the retail/commercial and residential guest components of the Project based on the shared parking methodology. Columns (1) through (3) of these tables present the parking accumulation characteristics and parking demand of the proposed uses for the hours of 6:00 AM to midnight. Columns (4) through (5) presents the expected joint-use parking demand for the Center on an hourly basis and further presents the hourly parking surplus/deficiency for the proposed Project compared to the parking supply of 90 spaces. Both tables highlight the forecast peak parking demand for the retail/commercial center component of the Project during the morning peak hour (shown in
in ).
), afternoon peak period (shown in ) and evening peak hour (shown Based on our experience, the shared parking approach summarized in Tables 3 and 4 are believed to be the most appropriate in evaluating the parking supply-demand relationships for Project. The results in these tables are the focus of this parking investigation and recommendations.

Shared Parking Results
Review of Tables 3 and 4 indicates that the future full occupancy weekday peak retail/commercial and residential guest parking demands will occur at 7:00 PM with a peak demand of 81 spaces. Based on the proposed retail/commercial and residential guest parking supply of 90 spaces, the peak demand hours on a weekday will result in a surplus of 9 spaces. On a weekend, a peak parking demand will occur at 7:00 PM and 8:00 PM with peak demands of 79 spaces resulting in a surplus of 11 spaces.

Appendix A contains the detailed weekday and weekend shared parking worksheets.

Figures 4-1 and 4-2 graphically illustrate the weekday and weekend hourly parking demand forecast for the shared parking component, respectively. Each of the anticipated land use component/tenant mix and its corresponding hourly Shared Parking demand for various mixes of uses, which were presented in Tables 3 and 4, are depicted in these two figures relative to a proposed parking supply of 90 spaces. A review of these figures indicates that the Project’s parking supply for the retail/commercial and resident guest of 90 spaces will adequately accommodate the weekday and weekend hourly shared parking demand

CONCLUSIONS
Based on the above, it is concluded that adequate parking will be provided to satisfy the parking demand for residents, guests and employees of the Cabrillo Town Center Mixed-Use Project. Nevertheless, to ensure adequate parking is provided for all users of the Project, the Property Owner and/or Property Management Company, if they N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 354 10/3/2023
Grant Williams
December 9, 2022

deem it necessary, would implement and enforce the appropriate Parking Management Strategy recommended in this Parking Management Plan, to ensure that accessible and convenient parking is available for all users at all times.

In summary, the proposed Project provides more than adequate parking to accommodate the needs of both the retail/commercial users and residential users. The proposed PMP measures would help ensure these adequacies for all. * * * * * * * * * * *
We appreciate the opportunity to provide this analysis for FRH Realty and the City of Santa Ana. Should you have any questions, please call us at 949.825.6175.

Respectively submitted,
Linscott, Law & Greenspan, Engineers
Richard E. Barretto, P.E.

Principal
Attachments
cc: Shane Green, P.E., Senior Transportation Engineer
N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 355 10/3/2023
City Council 18 – 356 10/3/2023
City Council 18 – 357 10/3/2023
City Council 18 – 358 10/3/2023
City Council 18 – 359 10/3/2023
City Council 18 – 360 10/3/2023
City Council 18 – 361 10/3/2023
City Council 18 – 362 10/3/2023
City Council 18 – 363 10/3/2023
TABLE 1-1
PROJECT DEVELOPMENT SUMMARY1

CABRILLO TOWN CENTER MIXED-USED, SANTA ANA
Land Use / Project Description
Cabrillo Town Center Mixed-Use
Project Development Totals
 Site A: 5-Story Wrap
o
o
o
o
Studio Units 23 Units (5.1%)
264 Units (58.8%)
148 Units (33.0%)
14 Units (3.1%)
449 Units
1 Bedroom Units
2 Bedroom Units
Live-Work / 2 Bedroom Units
Total Apartment Units:


Site A: Commercial
o
o
Retail
Live/Work Commercial (shopkeeper)
5,800 SF
11,400 SF
17,200 SF
58 units
Total Commercial Space:

Site B: 3-Story Townhomes
o Total Residential Units: 507 Units
Parking Supply
 Site A – Parking Structure
o
o
Resident Parking
Retail/Commercial/Guest Parking
808 spaces
90 spaces
Site A Parking Supply: 898 spaces
 Site B
o
o
Resident - two-car Garage per unit
Resident/Guest – Open Parking
116 spaces
11 spaces
Site B Parking Supply:

Total Parking Supply:
127 spaces
1,025 spaces
On-Street (Park Court Place) 2 23 spaces
1 2
Source: Architects Orange, 11/10/2022.

On-street spaces shown to be provided are not for “exclusive use” of the Project, but would be available for use to accommodate resident guest demand and/or short-term parking demand associated with Project’s retail/commercial component.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 364 10/3/2023
TABLE 1-2
PROJECT APARTMENTS PARKING SUMMARY3

CABRILLO TOWN CENTER MIXED-USED, SANTA ANA

RESIDENT

PARKING

RESIDENT GUEST/

RETAIL & COMMERCIAL PARKING
Handicap
Accessible
Electric
Vehicle
Handicap
Accessible
Electric
Level Vehicle
Sub-T
Standard
-
Standard Total
- 43
-
- 43
33 -
- -
9 -
Level 1
Level 2
Level 3
Level 4
Level 5
Level 6
Level 6.75
39 - 5 86
113
113
114
114
123
89 6 17
17 17
17 -
- 136
136
136
136
136
89 6 - - -
5 - - -
5 - -
-
-
- - -
- - - - -
705 22
90 68 76 5 9
Subtotal
Total
808 898
3 Source: Architects Orange, 11/10/2022.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 365 10/3/2023
TABLE 2
METRO EAST MIXED-USE PARKING STANDARD4

CABRILLO TOWN CENTER MIXED-USED, SANTA ANA
Spaces
Required Parking Ratio5
Land Use / Project Description Size
Cabrillo Town Center Apartments
o
o
o
o
Studio Units 23 DU
264 DU
148 DU
14 DU

2.0 space per Unit, inclusive of guest parking

2.0 space per Unit, inclusive of guest parking

2.0 space per Unit, inclusive of guest parking

2.0 space per Unit, inclusive of guest parking
46 528
296
28 One (1) Bedroom Units
Two (2) Bedroom Units
Live/Work (2-Bedroom) Units
Total 449 units 898
898
898
+0
A. Total Residential Parking Code Requirement:

B. Proposed Residential Parking Supply:

C. Residential Parking Surplus/Deficiency (+/-) [Row B – Row A]:

D. Residential Use Code Composite Parking Demand Ratio (sp/du) [Row A ÷ total DU] Cabrillo Town Center Retail Commercial

2.0 o
o
Retail 5,800 SF
11,400 SF
17,200 SF
--
--
--
--
0 Live/Work Office/Commercial
Total
E. Total Commercial Parking Code Requirement:

F. Proposed Commercial Parking Supply:
0 0
G. Commercial Parking Surplus/Deficiency (+/-) [Row F – Row E]: 0 Cabrillo Town Center Towmhomes
o
o
o
Two (2) Bedroom Units
Three (3) Bedroom Units
Four (4) Bedroom) Units
26 DU
20 DU
12 DU
58 units

2.0 space per Unit, inclusive of guest parking

2.0 space per Unit, inclusive of guest parking

2.0 space per Unit, inclusive of guest parking
52 40
24 Total 116
116
127
+11

2.0 H. Total Residential Parking Code Requirement:

I. Proposed Residential Parking Supply:

J. Residential Parking Surplus/Deficiency (+/-) [Row I – Row H]:

K. Residential Use Code Composite Parking Demand Ratio (sp/du) [Row H ÷ total DU] 4 5
Source: City of Santa Ana Metro East Mixed-Use Overlay Zone, Chapter 4.0 Development Standards, Section 4.8 Parking and Access Mixed-use developments with less than 10 percent of the gross floor area devoted to commercial activity: a minimum of 2.0 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 366 10/3/2023
TABLE 3
WEEKDAY SHARED PARKING DEMAND SUMMARY [1]

CABRILLO TOWN CENTER MIXED-USED, SANTA ANA
Office/Commercial Land Use Retail Residential Guest (Live/Work) Size
Pkg Rate[2]
Gross

5.800 KSF

5.0 /KSF
29 Spc.

11.400 KSF

3.0 /KSF
34 Spc.
449 DU

0.15 /DU [3]
67 Spc.

Comparison w/
Parking Supply
Spaces Shared
Parking
Demand
2 90 Spaces
Number of Number of Number of Surplus
Time of Day
6:00 AM
7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
Spaces
1 Spaces
1 Spaces
0 (Deficiency)
88 79
65 54
44 42
41 40
37 41
44 36
30 9
2 3 6 11
4 9 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
25 8 16
19 17
13 14
18 16
13 10
4 36
15 19
24 24
23 21
21 21
22 20
18 11
5 46
48 49
50 53
49 46
54 60
3 81
1 77 13
20 27
42 61
1 70
0 63
2 0 48
0 0 29
= Green highlted represents morning peak parking demand hour = Blue highlighted represents afternoon peak parking demand hour = YellowBOLD highlighed represents overall/evening peak parking demand hour Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking,"Third Edition, 2020. [2] Parking rates for all land uses based on City code. [3] Guest parking requirement is calclated at 0.15 spaces/unit to establish the baseline resident guest parking need which is consistent with the ULI shared parking ratios.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 367 10/3/2023
TABLE 4
WEEKEND SHARED PARKING DEMAND SUMMARY [1]

CABRILLO TOWN CENTER MIXED-USED, SANTA ANA
Office/Commercial Land Use Retail Residential Guest (Live/Work) Size
Pkg Rate[2]
Gross

5.800 KSF
5 /KSF

11.400 KSF
3 /KSF
449 DU

0.15 /DU [3]
67 Spc.

Comparison w/
29 Spc. 34 Spc. Parking Supply
Spaces Shared
Parking
Demand
1 90 Spaces
Number of Number of Number of Surplus
Time of Day
6:00 AM
7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
Spaces
1 Spaces Spaces
0 (Deficiency)
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 89
75 69
61 57
51 50
50 50
51 52
44 34
11 11
15 21
38 59
2 12
12 12
12 12
12 12
12 12
12 24
36 60
60 60
60 49
31 15
8 21
16 19
25 26
27 27
26 25
22 20
19 19
15 9
29 33
39 40
40 40
39 38
46 56
79 79
75 69
3 52
0 31
= Green highlted represents morning peak parking demand hour = Blue highlighted represents afternoon peak parking demand hour = YellowBOLD highlighed represents overall/evening peak parking demand hour Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking,"Third Edition, 2020. [2] Parking rates for all land uses based on City code. [3] Guest parking requirement is calclated at 0.15 spaces/unit to establish the baseline resident guest parking need which is consistent with the ULI shared parking ratios.

N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 Cabrillo Town Center Parking Study & Parking Management Plan 12-09-2022.docx City Council 18 – 368 10/3/2023

APPENDIX A

ULI PARKING CALCULATION WORKSHEETS BASED
ON 3RD EDITION OF SHARED PARKING
LINSCOTT, LAW & GREENSPAN, engineers
N:\4500\2224531 - Fairfield Cabrillo Town Center, Santa Ana\Parking & PMP\4531 pmp Dividers.doc City Council 18 – 369 10/3/2023 Appendix A

SHOPPING CENTER (TYPICAL DAYS)

WEEKDAY SHARED PARKING DEMAND ANALYSIS
[1]
Land Use Shopping Center (Typical Days)
Size 5.800 KSF
Pkg Rate[2] 5 /KSF
Guest Parking Demand Employee Parking Demand Shared Parking Demand 29 Total Spaces
Mode Adjust
Non-Captive Ratio
Gross

0.95 0.95

1.00 1.00
23 Guest Spc. 6 Emp. Spc.

Spaces
Time % Of Peak Jan
Spaces
0 Feb
Spaces
0 Mar
Spaces
0 Apr
Spaces
0 May
Spaces
0 Jun
Spaces
0 Jul
Spaces
0 Aug
Spaces
0 Sep
Spaces
0 Oct
Spaces
0 Nov
Spaces
0 Dec
Spaces
0 L. Dec % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Spaces
1 Jan
Spaces
1 Feb
Spaces
1 Mar
Spaces
1 Apr
Spaces
1 May
Spaces
1 Jun
Spaces
1 Jul
Spaces
1 Aug
Spaces
1 Sep
Spaces
1 Oct
Spaces
1 Nov
Spaces
1 Dec
Spaces
1 L. Dec
Spaces
1 of Day Peak [3] Spaces Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM
7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
1%
5%
0 1
0 1
9% 1
1 1
2 4
5 5
5 5
5 5
5 5
5 5
3 2
1 0
1 1
1 1
3 3
3 3
3 3
3 3
3 3
3 2
1 1
0 1
1 1
1 3
4 4
4 4
4 4
4 4
4 4
2 1
1 0
1 1
1 2
3 4
4 4
4 4
4 4
4 4
4 2
2 1
0 1
1 1
2 3
4 4
4 4
4 4
4 4
4 4
2 2
1 0
1 1
1 2
3 4
4 4
4 4
4 4
4 4
4 2
2 1
0 1
1 1
2 3
4 4
4 4
4 4
4 4
4 4
2 2
1 0
1 1
1 2
3 4
4 4
4 4
4 4
4 4
4 2
2 1
0 1
1 1
2 3
4 4
4 4
4 4
4 4
4 4
2 2
1 0
1 1
1 2
3 4
4 4
4 4
4 4
4 4
4 2
2 1
0 1
1 1
2 3
4 4
4 4
4 4
4 4
4 4
2 2
1 0
1 1
1 2
3 4
4 4
4 4
4 4
4 4
4 3
2 1
0 1
1 1
2 4
5 5
5 5
5 5
5 5
5 5
3 2
1 0
1 1
1 2
4 5
5 5
5 5
5 5
5 5
5 3
2 1
0 1 1 1 1 1 1 1 1 1 1 1 1 14%
23%
41%
68%
86%
90%
90%
90%
90%
90%
90%
90%
90%
81%
54%
36%
18%
0%
2 2 2 2 2 2 2 2 2 2 2 2 2 2
14%
32%
54%
68%
90%
90%
86%
77%
77%
77%
81%
72%
59%
41%
14%
5%
3 2 2 2 2 2 2 2 2 2 2 2 3 2 4 3 3 3 3 3 3 3 3 3 3 3 4 3 6 4 4 4 4 5 5 4 5 4 4 5 6 5 8 5 5 6 6 7 7 6 7 6 6 7 8 7 11 14
19 19
18 16
16 16
17 15
13 8
6 7 8 7 8 8 8 8 7 7 8 11
14 19
19 18
16 16
16 17
15 13
8 9 15
19 24
24 23
21 21
21 22
20 18
11 5
9 10
13 16
16 15
14 14
14 14
13 12
7 11
14 17
17 17
15 15
15 16
15 13
8 10
14 17
17 16
15 15
15 15
14 12
7 11
14 18
18 17
16 16
16 16
15 13
8 11
14 18
18 17
16 16
16 16
15 13
8 11
14 17
17 17
15 15
15 16
15 13
8 11
15 18
18 17
16 16
16 17
15 13
8 10
14 17
17 16
15 15
15 15
14 12
7 10
14 17
17 16
15 15
15 16
15 13
8 11
15 18
18 18
16 16
16 17
16 14
9 15
19 24
24 23
21 21
21 22
20 18
11 5
13 17
21 21
20 19
19 19
20 18
16 10
4 9 9 10
13 13
13 11
11 11
12 11
9 10
13 13
12 11
11 11
11 10
8 10
14 14
13 12
12 12
12 11
9 10
14 14
13 12
12 12
12 11
9 10
13 13
13 11
11 11
12 11
9 11
14 14
13 12
12 12
13 11
9 10
13 13
12 11
11 11
11 10
8 10
13 13
12 11
11 11
12 11
9 11
14 14
14 12
12 12
13 12
10 6
12 16
16 15
14 14
14 15
13 11
7 12
14 14
14 13
13 13
13 12
10 7
11 11
11 10
10 10
10 9
12 12
11 10
10 10
10 9
7 8
5 5 6 5 6 6 6 6 5 6
3 2 2 2 2 2 2 2 2 2 2 2 3 2 3 3 4 4 4 4 4 4 4 4 4
1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 0% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 370 10/3/2023
Appendix A

SHOPPING CENTER (TYPICAL DAYS)
WEEKEND SHARED PARKING DEMAND ANALYSIS [1]
Land Use Shopping Center (Typical Days)
Size 5.800 KSF
Pkg Rate[2] 5 /KSF
Guest Parking Demand Employee Parking Demand Shared Parking Demand 29 Total Spaces
Mode Adjust
Non-Captive Ratio
Gross

0.95 0.95

1.00 1.00
23 Guest Spc. 6 Emp. Spc.

Spaces
Time % Of Peak Jan
Spaces
0 Feb
Spaces
0 Mar
Spaces
0 Apr
Spaces
0 May
Spaces
0 Jun
Spaces
0 Jul
Spaces
0 Aug
Spaces
0 Sep
Spaces
0 Oct
Spaces
0 Nov
Spaces
0 Dec
Spaces
0 L. Dec % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Spaces
1 Jan
Spaces
1 Feb
Spaces
1 Mar
Spaces
1 Apr
Spaces
1 May
Spaces
1 Jun
Spaces
1 Jul
Spaces
1 Aug
Spaces
1 Sep
Spaces
1 Oct
Spaces
1 Nov
Spaces
1 Dec
Spaces
1 L. Dec
Spaces
1 of Day Peak [3] Spaces Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM
7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
1%
5%
0 0
1 10%
15%
40%
75%
85%
95%
100%
100%
100%
100%
100%
95%
85%
80%
75%
65%
45%
15%
0%
1 1
2 5
5 6
6 6
6 6
6 6
5 5
5 4
3 1
0 1
1 1
3 3
4 4
4 4
4 4
4 3
3 3
3 2
1 0
1 1
1 4
4 4
4 4
4 4
4 4
4 4
4 3
2 1
0 1
1 2
4 4
5 5
5 5
5 5
5 4
4 4
3 2
1 0
1 1
2 4
4 5
5 5
5 5
5 5
4 4
4 3
2 1
0 1
1 2
4 4
5 5
5 5
5 5
5 4
4 4
3 2
1 0
1 1
2 4
4 5
5 5
5 5
5 5
4 4
4 3
2 1
0 1
1 2
4 4
5 5
5 5
5 5
5 4
4 4
3 2
1 0
1 1
2 4
4 5
5 5
5 5
5 5
4 4
4 3
2 1
0 1
1 2
4 4
5 5
5 5
5 5
5 4
4 4
3 2
1 0
1 1
2 4
4 5
5 5
5 5
5 5
4 4
4 3
2 1
0 1
1 2
4 4
5 5
5 5
5 5
5 4
4 4
3 3
1 0
1 1
2 5
5 6
6 6
6 6
6 6
5 5
5 4
3 1
0 1
1 2
5 5
6 6
6 6
6 6
6 5
5 5
4 3
1 0
1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2
30%
50%
70%
90%
95%
100%
100%
95%
90%
80%
75%
70%
65%
50%
30%
10%
0%
6 4 4 4 4 5 5 4 5 4 4 5 6 5 8 5 5 6 6 7 7 6 7 6 6 7 8 7 11 14
19 20
21 21
20 19
16 15
14 14
11 6
6 7 8 7 8 8 8 8 7 7 8 11
14 19
20 21
21 20
19 16
15 14
14 11
6 9 16
19 25
26 27
27 26
25 22
20 19
19 15
9 9 11
13 16
16 17
17 16
16 14
13 13
12 10
6 12
14 18
19 20
20 19
18 16
15 14
13 11
6 11
14 18
18 19
19 18
18 16
14 14
13 10
6 12
14 19
19 20
20 19
19 17
15 14
14 11
7 12
14 19
19 20
20 19
19 17
15 14
14 11
7 12
14 18
19 20
20 19
18 16
15 14
13 11
6 12
15 19
19 20
20 19
19 17
15 15
14 11
7 11
14 18
18 19
19 18
18 16
14 14
13 10
6 11
14 18
19 19
19 19
18 16
15 14
13 10
6 12
15 19
20 21
21 20
19 17
16 15
14 11
8 16
19 25
26 27
27 26
25 22
20 19
19 15
9 14
17 22
23 24
24 23
22 20
18 17
17 13
8 9 9 10
13 14
15 15
14 13
11 11
10 9
10 13
13 14
14 13
13 11
10 10
9 10
14 14
15 15
14 14
12 11
10 10
8 10
14 14
15 15
14 14
12 11
10 10
8 10
13 14
15 15
14 13
11 11
10 9
11 14
14 15
15 14
14 12
11 11
10 8
10 13
13 14
14 13
13 11
10 10
9 10
13 14
14 14
14 13
11 11
10 9
11 14
15 16
16 15
14 12
12 11
10 8
12 16
17 18
18 17
16 14
13 12
12 9
12 15
16 16
16 16
15 14
12 12
11 9
11 12
12 12
12 11
10 9
12 12
13 13
12 12
10 9
9 9
8 8
6 7 8 7 8 7 7
4 4 4 4 5 5 4 5 4 4 5 5 6
2 1 1 1 1 1 1 1 1 1 1 1 2 2 3 2 2 2 2 2 2 2 2 2 2 2 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 371 10/3/2023
Appendix A
OFFICE

WEEKDAY SHARED PARKING DEMAND
ANALYSIS [1]
Land Use Office
Size 11.400 KSF
Pkg Rate[2] 3 /KSF
Guest Parking
Demand
Employee Parking
Demand
Shared Parking
Demand
34 Total Spaces
Mode Adjust
Non-Captive
Ratio
Gross

1.00 1.00

1.00 0.50
3 Guest Spc. 31 Emp. Spc. Spaces
Time % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec of Day Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM 7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
0%
1%
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 3
1 0
1 3
1 0
0 0
0 0
0 0
0 0
0 0
1 2
3 1
0 1
3 1
0 0
0 0
0 0
0 0
0 0
0 1
2 2
1 0
1 2
1 0
0 0
0 0
0 0
0 0
3%
15%
50%
90%
100%
100%
85%
85%
95%
95%
85%
60%
25%
15%
5%
1 3
1 3
1 3
1 3
1 3
1 3
1 3
0 2
0 2
1 3
1 3
1 3
1 3
0 2
1 3
1 3
1 3
1 3
1 3
1 3
1 3
0 2
0 2
1 3
1 3
1 3
1 3
0 2
20%
60%
100%
45%
15%
45%
95%
45%
15%
10%
5%
8 8 8 8 8 8 8 8 8 8 8 8 8 6 9 9 9 9 9 9 9 9 9 9 9 9 9 7 14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
13 15
15 12
12 14
14 12
9 13
15 15
12 12
14 14
12 9
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
14 16
16 13
13 15
15 13
10 4
11 12
12 10
10 12
12 10
8 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 15
18 16
12 13
17 15
12 9
15 18
16 12
13 17
15 12
9 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 16
19 17
13 14
18 16
13 10
4 13
14 13
10 11
14 13
10 8
4 4 3 4 4 3
2% 3 3 3 3 3 3 3 2 2 3 3 3 3 2 3 3 3 3 3 3 3 2 2 3 3 3 3 2 1% 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0% 3% 1 1 1 1 1 1 1 0 0 1 1 1 1 0 1 1 1 1 1 1 1 0 0 1 1 1 1 0 0% 1% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 372 10/3/2023
Appendix A
OFFICE

WEEKEND SHARED PARKING DEMAND
ANALYSIS [1]
Land Use Office
Size 11.400 KSF
Pkg Rate[2] 3 /KSF
Guest Parking
Demand
Employee Parking
Demand
Shared Parking
Demand
34 Total Spaces
Mode Adjust
Non-Captive
Ratio
Gross

1.00 1.00

1.00 0.50
3 Guest Spc. 31 Emp. Spc. Spaces
Time % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec of Day Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM 7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
0%
2%
6%
8%
9%
10%
9%
8%
6%
4%
2%
1%
1%
0%
0%
0%
0%
0%
0%
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0%
2%
6%
8%
9%
10%
9%
8%
6%
4%
2%
1%
1%
0%
0%
0%
0%
0%
0%
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
0 1
1 1
1 1
1 1
0 0
0 0
0 0
0 0
0 0
0 0
1 1
1 1
1 1
1 0
0 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
0 1
1 1
1 1
1 1
0 0
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
0 1
1 1
1 1
1 1
0 0
0 0
0 0
0 0
0 0
0 0
1 1
1 1
1 1
1 0
0 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
1 1
1 2
2 2
1 1
1 1
0 0
0 0
0 0
0 0
0 1
1 1
2 2
2 1
1 1
1 0
0 0
0 0
0 0
0 0
0 1
1 1
1 1
1 1
0 0
0 0
0 0
0 0
0 0
Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 373 10/3/2023
Appendix
A

RESIDENTIAL
WEEKDAY SHARED PARKING DEMAND (Studio)
ANALYSIS [1]
Land Use Residential
(Studio)
Size 449 DU
Pkg Rate[2]0.15 /DU
Guest Parking DemandReserved Parking DemandResident Parking DemandShared Parking Demand 67 Total Spaces
Mode Adjust
Non-Captive Ratio
Gross

0.90 1.00

1.00 1.00

1.00 1.00
67 Guest
Spc.
0 Reserv
Spc.
0 Resid. Spaces Spc.

Time % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec % Of Peak [3]
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
# Of % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec of Day Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces
Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM 7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
0% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
90%
76%
64%
52%
48%
43%
38%
38%
38%
38%
43%
48%
57%
67%
76%
81%
90%
92%
95%
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
10%
19%
19%
19%
19%
19%
19%
19%
19%
19%
38%
57%
95%
95%
95%
95%
76%
48%
6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 11
11 11
11 11
11 11
11 11
21 32
55 55
55 55
44 27
11 11
11 11
11 11
11 11
11 21
32 55
55 55
55 44
27 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 11
11 11
11 11
11 11
11 11
21 32
55 55
55 55
44 27
11 11
11 11
11 11
11 11
11 21
32 55
55 55
55 44
27 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
12 12
12 12
12 12
12 12
12 23
34 58
58 58
58 46
29 12
12 12
12 12
12 12
12 12
23 34
58 58
58 58
46 29
Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 374 10/3/2023
Appendix
A

RESIDENTIAL
WEEKEND SHARED PARKING DEMAND (Studio)
ANALYSIS [1]
Land Use Residential
(Studio)
Size 449 DU
Pkg Rate[2]

0.15 /DU
Guest Parking DemandReserved Parking DemandResident Parking DemandShared Parking Demand 67 Total Spaces
Mode Adjust
Non-Captive Ratio
Gross

0.90 1.00

1.00 1.00

1.00 1.00
67 Guest
Spc.
0 Reserv
Spc.
0 Resid. Spaces Spc.

Time % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec % Of Peak [3]
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
# Of % Of Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L. Dec of Day Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces
Spaces Peak [3] Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces Spaces 6:00 AM 7:00 AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
0%
20%
20%
20%
20%
20%
20%
20%
20%
20%
20%
40%
60%
100%
100%
100%
100%
80%
50%
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
100%
95%
88%
80%
75%
70%
68%
65%
65%
68%
71%
74%
77%
80%
83%
86%
89%
92%
100%
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
11 11
11 11
11 11
11 11
11 11
23 34
57 57
57 57
46 29
11 11
11 11
11 11
11 11
11 11
23 34
57 57
57 57
46 29
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
11 11
11 11
11 11
11 11
11 11
23 34
57 57
57 57
46 29
11 11
11 11
11 11
11 11
11 11
23 34
57 57
57 57
46 29
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
12 12
12 12
12 12
12 12
12 12
24 36
60 60
60 60
49 31
Notes:
[1] Source: ULI - Urban Land Institute "Shared Parking," Third Edition, 2020.
[2] Parking rates for all land uses based on City code. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual.

City Council 18 – 375 10/3/2023
FRH Realty LLC
22179.00 Santa Ana, CA April 2023
___________________________________________________________________________________ Executive Summary
To: FRH Realty LLC
From: The Concord Group
Date: April 13, 2023
Re: Market Assessment and Economic, Fiscal, and Retail Impact Analyses for a Mixed-Use Development in Santa Ana, California (Cabrillo Town Center) Background:

We understand FRH Realty LLC (“FRH”) is pursuing the development of a 507-unit community (449 rental, including 12 live/work units, and 58 for-sale) plus 6,000 square feet of retail located at Cabrillo Park and 4th Streets in Santa Ana, California. As you prepare submittals to the City of Santa Ana, The Concord Group (“TCG”) prepared a third-party confirmation of the rent/revenue levels for the product offerings as well as calculated the primary fiscal and economic benefit to the City of Santa Ana from the development of the sites.

Response to Peer Review:
• The study was peer reviewed by Economic & Planning Systems, Inc. (“EPS”) and their comments were taken into account.

Key Findings:
• Due to the mixed-use environment and strong access and visibility, TCG concludes the rental apartments, for-sale townhomes and ground floor retail are well positioned within the market.
• Given the proposed land-use mix and rent/pricing assumptions provided by FRH, TCG projects the overall assessed value upon stabilization to be $286 million • Over the course of the 28-year analyzed period, 3-year construction followed by a 25- year operating forecast, The Subject Site will have a positive fiscal and economic impact on the City of Santa Ana generating $8.3 million in net new revenues. • The project will generate 1,266 new direct jobs over the 3-year construction period and 21 direct jobs from on-going operations after completion of the development. • A total of 1,913 total temporary jobs including direct, indirect, and induced jobs will be created during the 3-year construction period and 32 total direct, indirect, and induced permanent jobs from operations.
• The city of Santa Ana will also receive an additional $15.5 million in revenue for permits and fees to develop on the Subject Site
• Currently, the Subject Site is generating approximately $250K in recurring revenue, the proposed development will increase recurring revenue to $368K per year on a net revenue basis
City Council 18 – 376 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Key Findings (cont.):
• Redevelopment of the Site from commercial uses will not negatively affect the local neighborhood as the market performance suggest an oversupplied commercial zone, and given the vacant space surrounding the Site gives the opportunity to relocate within the local neighborhood
Site Overview and Market Areas:
• The Project is located in Santa Ana, California on the corner of Cabrillo Park Dr and 4th Street, adjacent to the I-5 freeway, a regional connector of Southern California. The Project is close in proximity to the I-55.
• The proposed land uses offered include residential apartments, for-sale townhomes, and ground floor retail.
• The Site is located on an 8.98-acre parcel planned over a 3-year construction period anticipated to be 2023 through 2026. The breakdown of the anticipated development program at buildout consists of the following:
o 449 residential apartment units including 12 live/work units containing 9.000 SF of commercial space (898 parking stalls)
o 58 for-sale townhome units (130 parking stalls)
o 6,000 square feet of ground floor retail
• The Competitive Market Area (“CMA”) represents the geographic source of competitive supply and is defined by the cities of Santa Ana, Costa Mesa, Irvine, Orange, and Tustin.

Pricing Confirmation:

TCG evaluated the sponsor development scenario provided by FRH to evaluate the market rent/price potential for each land use including: 449 rental apartment units, 6,000 square feet of ground floor retail, and 58 for-sale townhome units. The following tables and figures breakdown the sponsor program to confirm if the current sponsor rents/prices are feasible in the Market.

Rental Apartments
• The subject Site is positioned in-line with top-of -market comparables in Orange on a nominal basis including new comparables, Aura Apartments and Vita Apartments. The Site’s mixed-use orientation merits the positioning, although the Site’s location is slightly inferior. The subject site is positioned at a premium to older Santa Ana and Tustin product due to a newer vintage but positioned at a discount to new comparables located in downtown Santa Ana due to an inferior location. TCG confirms the planned rents for the Site are well positioned in the Market.

City Council 18 – 377 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Planned Program
Bed / Unit Mix Unit Base Rent Unit Mix
Floorplan Bath Num. Share Size $ S/SF
Studios 7%
1BR/1BA-STUDIO-S 0 / 1.0 32 7% 600 $2,320 $3.87 1-Beds 59% 1BR/1BA-A1 1 / 1.0 80 18% 700 $2,550 $3.64 2-Beds 34%
1BR/1BA-A2 1 / 1.0 99 22% 730 $2,625 $3.60 3-Beds 0%
1BR/1BA-A3 1 / 1.0 85 19% 780 $2,725 $3.49
2BR/2BA-B1 2 / 2.0 36 8% 1,000 $3,225 $3.23
2BR/2BA-B2 2 / 2.0 60 13% 1,065 $3,395 $3.19
2BR/2BA-B3 2 / 2.0 45 10% 1,090 $3,475 $3.19
2BR/2.5BA-B4-LW 2 / 2.5 12 3% 1,460 $3,895 $2.67
Total / Average: 449 100% 847 $2,879 $3.40
$2,000
$2,250
$2,500
$2,750
$3,000
$3,250
$3,500
$3,750
$4,000
$4,250
$4,500
$4,750
$5,000
$5,250
$5,500
$5,750
$6,000
400 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 Base Rent
Unit Size
Broadstone Archive (2020, 83%) Broadstone Arden (2019, 91%) Broadstone Atlas (2022, 1%) 888 On Main (2021, 86%) The Marke (2014, 96%) 580 Anton (2018, 92%) Baker Block (2018, 99%) Amalfi (2014, 98%) Rancho Alisal (1986, 98%) El Paseo (1987, 94%) Aura Apartments (2022, 4%) Vita Apartments (2022, 29%) AMLI Uptown Orange (2016, 98%) Planned Program Color = Submarket
Red = Santa Ana
Blue = Costa Mesa
Green = Irvine
Orange = Orange
Pink = Tustin
Broadstone Atlas
580 Anton
Rancho Alisal
Aura Apartments
Vita Apartments
City Council 18 – 378 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Ground Floor Retail
• Subject Site rents are in-line with top of market rents in Santa Ana, with a slight discount to downtown Santa Ana lease rates. TCG confirms $36/SF/Yr. is justified. $36.00
$5 $10 $15 $20 $25 $30 $35 $40 $45 $50 $55 $60
Cabrillo Town Center Sponsor Rents
1945 E 17th St
1640 E 1st St
102 W 2nd St
2321 E 4th St
1703 E 17th St
613 E Santa Ana Blvd
431 N Tustin Ave
Round Table Pizza
1601 W 17th St
1935 E 17th St
2031 E 1st St
301-307 N Main St

AVAILABLE LEASES

EXECUTED LEASES
City Council 18 – 379 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
For-Sale Townhomes
• The Subject Site is positioned at a slight discount to the Parker One townhomes in Orange due to a slightly inferior location. TCG confirms the sponsor prices are well positioned in the Market.

Sponsor Program - Townhomes
Bed / Unit Mix Unit Base Price
Floorplan Bath # % Size (SF) $ $/SF Unit Mix
Plan 1 2/2.5 2 / 2.5 6 10% 1,450 $739,900 $510 1 Bed 0% Plan 2 2/2.5 2 / 2.5 6 10% 1,460 $744,900 $510 2 Bed 45% Plan 3 2+Den/3.5 2 / 3.5 14 24% 1,700 $779,900 $459 3 Bed 34% Plan 4 3/3.5 3 / 3.5 20 34% 1,780 $819,900 $461 4 Bed 21% Plan 4X 3/3.5 3 / 3.5 0 0% 1,820 $829,900 $456
Plan 5 4/3.5 4 / 3.5 12 21% 1,900 $879,900 $463
Total / Average: 58 100% 1,718 $806,624 $471
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
$1,100,000
$1,200,000
$1,300,000
$1,400,000
$1,500,000
$1,600,000
$1,700,000
$1,800,000
$1,900,000
$2,000,000
1,000 1,200 1,400 1,600 1,800 2,000 2,200 2,400
Unit Price
Unit Size
Sponsor Program - 3 Story Townhomes ParkerOne (TH, 74 units) The Landing at Tustin Legacy (TH, --- units) The Terraces (Condo, 153 units) CMA - Townhome L3M CMA - SFD L3M Color = Location
Red = CMA
Yellow = Outside CMA
Grey = CMA Resales L3M (Detached)
Purple = CMA Resales L3M
(Attached)
ParkerOne (TH)
CMA TH Resales L3M
The Terraces (Condos)
City Council 18 – 380 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Fiscal Impact Findings:

Based on a total construction budget of $249 million, TCG projects the City of Santa Ana’s recurring revenues to be approximately $22.8 million over the next 25 years after build-out. The net present value of the cumulative tax revenue over the same period at a 4% annual discount rate is $12.3 million. Total City expenditures over the next 25 years after build-out are expected to be $14.5 million ($7.8 million in 2022 dollars) resulting in net new revenues of $8.3 million ($4.5 in 2022 dollars).

Employment Impacts:

Based on an analysis utilizing Rims II multipliers for Orange County, TCG estimates the employment opportunities for this Project amount to approximately 21 permanent direct jobs.

Additionally, 1,913 temporary direct construction jobs will be available during the construction term of the Project.

Table 1: Fiscal Impact Projection Summary: Construction Period + 25-Year Recurring Tax Forecast 25-Year Recurring
Revenue Category Total NPV (4%)
Property Taxes $10,452,020 $5,517,384
Prop Tax In- Lie of VLF (1) $4,574,958 $2,421,372
Utility User $3,210,515 $1,724,753
Resi Derived Sale Tax $3,838,764 $2,260,786
Retail Sales Tax $717,990 $432,038
Total City Revenues $22,794,248 $12,311,124
Less City Expenses $14,543,691 $7,773,266
Net New Revenues $8,250,556 $4,537,858
City Council 18 – 381 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Fiscal Impact Analysis:

The Project will provide benefits to the City of Santa Ana in the form of site-specific tax revenues generated by the proposed development. In this study, we project “Net New Revenues.” Net new revenue is defined as recurring tax revenues to the City or County projected by the Project, less any expenditures generated from the site.

The following analysis of the Project-generated revenue is categorized by the following revenue and expenditure sources:
• Property Tax
• Motor Vehicle License Fee and Property Tax In-Lieu
• Utility User Tax
• Residential Derived Sales Tax
• Retail Sales Tax
• Residential Derived City Expenditures

City Council 18 – 382 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
FISCAL IMPACT SUMMARY:

This section presents a summary of our 28-year projections followed by a more detailed description of each component revenue analyzed. The net new tax revenue presented in all fiscal impact revenue projections begins with Construction Year One, “CY1” in 2023, lasting 3-years, ending in 2025. This is followed by a 25-year operating forecast from 2026 through 2050.

Total net new revenues to the City over the 3-year construction period plus the 25-year projection period amount to $22.8 million ($12.3 million in 2022 dollars).

Table 2 provides a summary by revenue source of the total net new revenues for the City and County over both the 3-year construction period and the 28-year projection period. The analysis utilizes current market conditions, as provided by FRH, and escalated at a 2% inflation rate. FRH may consider utilizing updated market analyses upon the future construction of the Project to have a more current assessment on the market-driven values.

Table 2: Fiscal Impact Projections
Construction Period + 25-Year Recurring Tax Forecast
Phasing Property Tax Utility User Resi-Derived Retail Gross City Net Year Year Property Tax In-Lieu of VLF Tax Sales Tax Sales Tax City Revenue Expenditures New Total Proforma 2022 $0 $0 $0 $0 $0 $0 $0 $0
CY1 2023 $0 $0 $0 $0 $0 $0 $0 $0
CY2 2024 $0 $0 $0 $0 $0 $0 $0 $0
CY3 2025 $0 $0 $0 $0 $0 $0 $0 $0
1 2026 $108,613 $47,541 $100,234 $198,938 $37,209 $492,534 $454,060 $38,474 2 2027 $339,999 $148,821 $102,238 $202,916 $37,953 $831,928 $463,142 $368,786 3 2028 $346,799 $151,798 $104,283 $206,975 $38,712 $848,566 $472,404 $376,162 4 2029 $353,735 $154,834 $106,369 $168,891 $31,589 $815,418 $481,853 $333,565 5 2030 $360,810 $157,930 $108,496 $172,269 $32,221 $831,726 $491,490 $340,236 6 2031 $368,026 $161,089 $110,666 $175,714 $32,865 $848,360 $501,319 $347,041 7 2032 $375,387 $164,311 $112,879 $179,229 $33,522 $865,328 $511,346 $353,982 8 2033 $382,894 $167,597 $115,137 $182,813 $34,193 $882,634 $521,573 $361,061 9 2034 $390,552 $170,949 $117,440 $186,470 $34,877 $900,287 $532,004 $368,283 10 2035 $398,363 $174,368 $119,789 $190,199 $35,574 $918,293 $542,644 $375,648 11 2036 $406,330 $177,855 $122,184 $194,003 $36,286 $936,658 $553,497 $383,161 12 2037 $414,457 $181,412 $124,628 $197,883 $37,011 $955,392 $564,567 $390,825 13 2038 $422,746 $185,040 $127,121 $201,841 $37,752 $974,499 $575,858 $398,641 14 2039 $431,201 $188,741 $129,663 $102,939 $19,253 $871,797 $587,376 $284,422 15 2040 $439,825 $192,516 $132,256 $104,998 $19,638 $889,233 $599,123 $290,110 16 2041 $448,622 $196,366 $134,901 $107,097 $20,031 $907,018 $611,106 $295,912 17 2042 $457,594 $200,294 $137,599 $109,239 $20,432 $925,158 $623,328 $301,831 18 2043 $466,746 $204,300 $140,351 $111,424 $20,840 $943,662 $635,794 $307,867 19 2044 $476,081 $208,386 $143,158 $113,653 $21,257 $962,535 $648,510 $314,025 20 2045 $485,603 $212,553 $146,022 $115,926 $21,682 $981,785 $661,480 $320,305 21 2046 $495,315 $216,804 $148,942 $118,244 $22,116 $1,001,421 $674,710 $326,711 22 2047 $505,221 $221,140 $151,921 $120,609 $22,558 $1,021,450 $688,204 $333,245 23 2048 $515,325 $225,563 $154,959 $123,021 $23,009 $1,041,879 $701,968 $339,910 24 2049 $525,632 $230,075 $158,058 $125,482 $23,470 $1,062,716 $716,008 $346,709 25 2050 $536,144 $234,676 $161,220 $127,991 $23,939 $1,083,970 $730,328 $353,643 Grand Total: $10,452,020 $4,574,958 $3,210,515 $3,838,764 $717,990 $22,794,248 $14,543,691 $8,250,556 NPV: 4.0% $5,517,384 $2,421,372 $1,724,753 $2,260,786 $432,038 $12,311,124 $7,773,266 $4,549,161 Escalation: 2% 2% 2% 2% 2% 2% 2% 2%
Source: City of Santa Ana, TCG, FRH
City Council 18 – 383 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023

PROPERTY TAX
The City receives a portion of the ad valorem property taxes to pay for municipal services.

According to the City of Santa Ana property taxes within the Project is approximately 11 percent of the one percent property tax levy. The County receives 13.1 percent of the one percent property tax levy. The estimated property taxes were based on the FRH Proforma assumptions provided to TCG in March 2022. TCG, using FRH proforma assumptions, estimates that the total value of the development after full build out and stabilized occupancy would be approximately $286 million by end of year 2.

Based on the total Project value at stabilization upon 2027, TCG estimates that the City is expected to receive approximately $340K in property tax revenues annually. Assuming no resale and the existing maximum Proposition 13 inflation rate of two percent annually, we project that total property tax revenues to the City would total $10.5 million over the construction period and 28-year projection period, or $5.5 million in 2022 dollars. For a more detailed projection, see Appendix 1.

PROPERTY TAX IN-LIEU OF MOTOR VEHICLE LICENSES FEES
Established in 1935, the Motor Vehicle License Fee (“VLF”) was essentially a tax on vehicle ownership. The State of California (“State”) collects VLF annually when vehicles are registered and was historically allocated to cities and counties based on a statutory formula.

In 2004, during the State’s budget crisis, about 90 percent of each city’s VLF revenue was replaced with property tax revenue, and cities in particular began to receive an allocation of property tax from the Educational Revenue Augmentation Fund (“ERAF”) in an amount equal to what they would have received in VLF under an older VLF allocation formula. Under current law, the property tax in-lieu of VLF revenue increases based on assessed value growth in a jurisdiction, thus estimated revenues are based on changes in assessed value created by the Project.

While the amount of property tax in lieu varies from city to city under the current apportionment methodology, for Santa Ana, the formula to calculate VLF revenue can be simplified to 5.2 percent of the one percent of the City’s total assessed value. Based on projected assessed values, the Project would generate approximately $149K in established property tax in-lieu of VLF revenues at build-out as depicted in Table 3.

Over the 28-year forecast, we project the cumulative property tax in-lieu of VLF from the Project to be $4.6 million (or $2.4 million in 2022 dollars) For a more detailed projection, see Appendix 2.

City Council 18 – 384 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023

UTILITY USER TAX
The City of Santa Ana assesses a utility user tax of 5.5 percent on electricity, gas, water, and telephone revenues generated in the City. Utility costs were estimated by TCG based on prior review of utility costs. Assumed annual utility expenditures consist of Gas at $295, water at $590, electric at $1,476, and phone at $959. Based on these assumptions, TCG estimates the utility use tax revenues generated by the development to be approximately $3.2 million ($1.7 in 2022 dollars) For a more detailed projection, see Appendix 3.

Table 4: Utility User Tax Revenue
Energy Expenditures per Houshold $3,321
Number of Households 507
Total Residential Energy Expenses $1,683,644
Santa Ana Tax Rate 5.5%
Cumulative TOT $3,210,515
Cumulative TOT, 2022 Dollars $1,713,508
ADR and Occupancy from Mountain View Proforma
TOT rate from City of Chula Vista
Table 3: Property Tax Revenue
Dollars
Proposed Project Total Assessed Value $286,194,565
City Property Tax Rate 11.0%
Proposed Tax Revenue (2027) $339,999
28-Year Revenue $10,452,020
28-Year Revenue (2022 Dollars) $5,506,139
Property Tax In-Lieu of Motor Licenses Fees
Proposed Project Total Assessed Value $286,194,565
Proposed Property In-Lieu of VLF (2027) $148,821
28-Year Revenue $4,574,958
28-Year Revenue (2022 Dollars) $2,410,127
Assessed Value from FRH, assuming 4.25% cap rate
Property Tax rates from City of Santa Ana
City Council 18 – 385 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023

RESIDENT-DERIVED SALES TAX
The additional residential households produced by the Project are expected to result in increased sales for retailers and restaurants. Within a 5-mile radius of the site, ESRI estimates households’ expenditures based on taxable and non-taxable sales. TCG estimates approximately $29,000 per household. Due to proximity to other retail centers in neighboring cities, TCG projects 50% of shopping will be done within the Santa Ana city limits. In 2018, Santa Ana residents approved a local transaction and use tax in the City, increasing the sales tax from 7.75% to 9.25% until 2029 and then to 8.75% until 2039, when the additional tax will expire. The resident-Derived Sales Tax Revenues are projected to be $3.8 million, or $1.8 million in 2022 dollars. For a more detailed projection, see Appendix 4.

RETAIL SALES TAX
The development will include 6,000 square feet of ground floor retail space. Conservatively, TCG projects approximately $250 of sales annually per square feet, resulting in $1.38 million dollars in retail sales. Due to the local transaction and use tax described above, sales tax increases from 7.75% to 9.25% until 2029 and then to 8.75% until 2039, when the additional tax will expire. The Sales Tax Revenues from the development are projected to be $718K, or $328K in 2022 dollars. For a more detailed projection, see Appendix 5.

Table 5: Resi-Derived Sales Tax Revenue
Resi-Derived
City Department Revenue
Taxable Household Expenditures (50%) $14,500
Number fo Households 507
Estimated Transactions within Santa Ana $262,232,611
City share of Sales Tax 1.00%
2022-2028 Measure X Inc. Tax Rate 1.50%
2029-2039 Measure X Inc. Tax Rate 1.00%
Cumulative TOT $3,838,764
Cumulative TOT, 2022 Dollars $1,785,614
Table 6: Retail Sales Tax
Tax Rate Dollars
Sales Revenue (2022) $1,375,000
Cumulative Sales Generated $47,672,111
Cumulative Sales Generated (2022 Dollars) $25,442,648
City share of Sales Tax 1.00%
2022-2028 Measure X Inc. Tax Rate 1.50%
2029-2039 Measure X Inc. Tax Rate 1.00%
Cumulative TOT $717,990
Cumulative TOT, 2022 Dollars $328,002
Retail Sales assume $250 per square feet
City Council 18 – 386 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023

CITY EXPENDITURES
Based on the assumptions: a studio would house 1.2 residents, one-bedroom unit would house 1.75 residents, two-bedroom unit would house 3 residents, three-bedroom would house 4.25 residents, and four-bedroom units would house 5 residents, TCG concluded the average household size of the property to be 2.35 persons.

Based on US Census data approximately 6.5% of Santa Ana residents work within the City, which results in the City of Santa Ana is servicing these residents 100% of the time. 35% of Santa Ana residents work outside the City, assuming a 9am to 5pm job, Santa Ana is servicing these residents 73% of the time. The remaining population can be assumed to be serviced by the City 100% of the time as well, Accounting for all residents and their estimated time spent in the City of Santa Ana, TCG estimated that the project will generate a daily population of 1,108 persons.

The Santa Ana budget consists of fixed costs and variable costs. The variable costs will increase or decrease based on the city’s population, for example, the city will need additional fire department resources for additional city population. The table below highlights variable costs in the city budget and how the additional households will affect the variable categories.

TCG estimates and additional $419K of additional resources needed to satisfy the additional population projected from the project. The project will add an additional $15.0 million in costs over the next 28 years, or $7.9 million in 2022 dollars. For a more detailed projection, see Appendix 6.

Table 7: Expenditures
Current City Project Derived Total City Percent
City Department Expenditures City Expenditures Expenditures Increase City Manager's Office $2,774,200 $2,774,200 0.00%
City Council $569,280 $569,280 0.00%
Clerk of the Councils Office $1,470,790 $490 $1,471,280 0.03% City Attorney's Office $2,955,140 $2,955,140 0.00%
Human Resources $3,455,190 $3,430 $3,458,620 0.10%
Finance Department $10,416,490 $4,165 $10,420,655 0.04% Library $5,864,340 $5,864,340 0.00%
Parks, Recreation and Community Services $23,289,740 $19,357 $23,309,097 0.08% Police Department $141,082,500 $245,024 $141,327,524 0.17% Fire Department $51,618,690 $122,512 $51,741,202 0.24%
Planning & Building Agency $15,535,280 $24,502 $15,559,782 0.16% Public Works Agency $15,711,070 $15,711,070 0.00%
Community Development Agency $3,898,130 $3,898,130 0.00% Museum Fund $1,474,030 $1,474,030 0.00%
General Non-Dep $49,206,780 $49,206,780 0.00%
Interfund Transfers $24,173,510 $24,173,510 0.00%
Cumulative Expenditures $353,495,160 $419,482 $353,914,642 0.12% City Council 18 – 387 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
ECONOMIC IMPACT ANALYSIS:

METHODOLOGY:

The economic impact analysis utilized Rims II multipliers to estimate the employment and economic output impacts of the Project by using the corresponding industry multiplier to calculate the direct, indirect, and induced effects of developing the Project. To estimate the Project’s economic impact during the construction phase (construction impacts), TCG multiplied the construction industry multiplier by the construction cost of each product type to segment the employment and economic output. During the construction period, the Project is expected to produce 1,266 direct jobs and a total of 1,913 jobs including indirect and induced jobs. The Project will also produce an economic output of $444 million from the construction of the Project.

In order to measure the permanent employment and economic impacts of the Project we must estimate the impacts from ongoing business operations after construction is complete. Using the corresponding Rims II multipliers for industry sectors regarding hotel and apartment/condominium operations TCG was able to estimate 21 direct employees will be generated from ongoing operations and a total of 32 total employees including indirect and induced employees. An estimated $8.7 million of economic output will be generated from ongoing operating expenses on a yearly basis (2022 dollars).

Table 8: Employment and Economic Outputs: Construction and Permanent Costs Apartments/Retail Townhomes Total
Construction Costs $220,759,544 $28,118,222 $248,877,766 Operating Expenses $4,523,798 $4,523,798
Note: Based on proforma assumptions, 2021 dollars
Construction Impacts Direct Indirect Induced Total
Employment 1,266 323 323 1,913
Apartments 1,123 287 287 1,696
Townhomes 143 37 37 216
Economic Output $248,877,766 $97,734,299 $97,734,299 $444,346,363 Apartments $220,759,544 $86,692,273 $86,692,273 $394,144,090 Townhomes $28,118,222 $11,042,026 $11,042,026 $50,202,274 Permanent Impacts
New Employment 21 6 6 32
Apartments 21 6 6 32
Townhomes 0 0 0 0
Economic Output $4,523,798 $2,064,661 $2,064,661 $8,653,121 Apartments $4,523,798 $2,064,661 $2,064,661 $8,653,121
Townhomes $0 $0 $0 $0
Source: Rims II Multipliers for Orange County
City Council 18 – 388 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
COMMUNITY SERVICE RETAIL ANALYSIS:

Background:

The city of Santa Ana requires a “Community Service Commercial Retail & Service Diversity Impact Analysis” to ensure availability and diversity of commercial retail and service uses in Santa Ana as part of the development proposal. To meet this objective TCG will analyze the current tenant typologies of the proposed Site to analyze any lost services to the community and look at alternative options for the local neighborhood.

Key Conclusions:

The redevelopment of the existing Site of 4 commercial buildings into a 507 residential community with 6,000 sf of retail will not negatively affect Santa Ana or the local community by underserving the population of essential services and retail for the following reasons:
1) The site is currently underutilized and is not fully optimizing its potential.

The development Site currently includes 4 buildings encompassing 48 suites available for lease.

Of the 48 suites, 13 are currently vacant, or approximately 27% of the existing spaces. There is a significant portion of the existing space that is underutilized suggesting an imbalance the supply vs demand dynamics where either there is too much supply of suburban office space or a lack of demand for local neighborhood services. The table below illustrates the breakdown:

Key Conclusions (continued):

Industry Count %
Legal Services 7 15%
Financial Services 6 13%
Healthcare 4 8%
Rehabilitation Center 3 6%
Educational Services 2 4%
Non-Profit 2 4%
Business Services 1 2%
Government 1 2%
Alternative Healthcare 1 2%
Mortgage Lender 1 2%
Private Investigator 1 2%
Professional Business
Services 1 2%
Real Estate 1 2%
Real Estate Services 1 2%
Recruiting Agency 1 2%
SoCal Services 1 2%
Technology 1 2%
VACANT 13 27%
Total 48 100%
City Council 18 – 389 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
2) Within a 0.25-mile radius there is a significant number of commercial tenants that offer the same services to the local community as the current Site’s tenants.

The existing Site is primarily comprised of tenants that offer legal, financial, or healthcare services which total 17 of the 48 suites, or roughly 36%. In the 0.25-mile radius there are at least 71 commercial spaces offering financial, legal, or healthcare services, equaling approximately 64% of commercial space. Please see the appendix 7 for a breakdown of all tenants.

There are local options for the more specialized commercial tenants within a reasonable distance/drive time from the Site. At the Site there are a small number of specialized tenants that may be of more importance to the local community: the rehabilitation center, “Phoenix House”, and the healthcare facility “Planned Parenthood”. While important to the local community, there are other locations nearby for both services within a reasonable distance. “Phoenix House” has a location 1.2 miles away (4-minute drive) located on Santa Ana Blvd right off the I-5 freeway and “Planned Parenthood” has a location 1.2 miles away (4-minute drive) off 17th Street and Linwood
Industry Count %
Financial Services 30 27%
Legal Services 23 21%
Healthcare 18 16%
Business Services 10 9%
Nonclassifiable Estab 4 4%
Real Estate Agent 4 4%
Engineering 3 3%
Educational Services 2 2%
Membership
Organizations 2 2%
Services, NEC 2 2%
Recruiting Agency 1 1%
Alternative Healthcare 1 1%
Construction 1 1%
Business Consulting 1 1%
Architectural Services 1 1%
Government 1 1%
Eating Places 1 1%
Misc Retail Stores 1 1%
Business Associations 1 1%
Religious Organizations 1 1%
Air Transportation,
Scheduled 1 1%
Elec Appliances/Tv/Radios 1 1%
Total 110 100%
City Council 18 – 390 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Key Conclusions (continued):
3) There is a broader supply vs demand imbalance of the local market in a 0.25-mile radius of the Site.

Within the 0.25-mile radius of the Site there is 1,464,600 square feet of commercial space that exists, of the existing space there is 235,000 square feet of space that is available for lease or vacant. The local market for commercial space is not performing strongly with a 17% vacancy rate, suggestive of a supply vs demand imbalance.
4) Given the vacant space in the local neighborhood, there are ample options for essential tenants to relocate to a nearby space.

Given the ample amount of vacant space in the 0.25-mile radius of the site, commercial tenants currently located at the Site have the opportunity to relocate within the local neighborhood without affecting their client base, or the local population having to change their services. The available spaces are similar in vintage and have similar lease rates to the existing Site. 5) Local neighborhood retail does not exist onsite, and is rare within the 0.25 radius of the Site
The Site and the 0.25-mile radius does not currently have any retail serving space. Delivering 6,000 square feet of retail space aimed at targeting coffee shops, restaurants, or small markets can enhance the local neighborhood and provide not only the new residents but the existing residents with much needed retail services.

City Council 18 – 391 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
APPENDIX:

Appendix 1 : Property Taxes
Assess Value Forecast Property Tax Forecast
Phasing Condo Apartment Retail Total Total Prop. Tax City Share Year Year Value Value Value Value 1.08% 11.00%
Proforma 2022
CY1 2023 $0 $0 $0 $0 $0 $0
CY2 2024 $0 $0 $0 $0 $0 $0
CY3 2025 $0 $0 $0 $0 $0 $0
1 2026 $24,129,096 $64,286,511 $3,009,600 $91,425,207 $987,392 $108,613 2 2027 $48,740,774 $234,383,999 $3,069,792 $286,194,565 $3,090,901 $339,999 3 2028 $49,715,589 $239,071,679 $3,131,188 $291,918,456 $3,152,719 $346,799 4 2029 $50,709,901 $243,853,113 $3,193,812 $297,756,825 $3,215,774 $353,735 5 2030 $51,724,099 $248,730,175 $3,257,688 $303,711,962 $3,280,089 $360,810 6 2031 $52,758,581 $253,704,778 $3,322,842 $309,786,201 $3,345,691 $368,026 7 2032 $53,813,753 $258,778,874 $3,389,298 $315,981,925 $3,412,605 $375,387 8 2033 $54,890,028 $263,954,451 $3,457,084 $322,301,564 $3,480,857 $382,894 9 2034 $55,987,828 $269,233,540 $3,526,226 $328,747,595 $3,550,474 $390,552 10 2035 $57,107,585 $274,618,211 $3,596,751 $335,322,547 $3,621,484 $398,363 11 2036 $58,249,737 $280,110,575 $3,668,686 $342,028,998 $3,693,913 $406,330 12 2037 $59,414,731 $285,712,787 $3,742,059 $348,869,578 $3,767,791 $414,457 13 2038 $60,603,026 $291,427,043 $3,816,901 $355,846,969 $3,843,147 $422,746 14 2039 $61,815,087 $297,255,584 $3,893,239 $362,963,909 $3,920,010 $431,201 15 2040 $63,051,388 $303,200,695 $3,971,103 $370,223,187 $3,998,410 $439,825 16 2041 $64,312,416 $309,264,709 $4,050,525 $377,627,651 $4,078,379 $448,622 17 2042 $65,598,664 $315,450,003 $4,131,536 $385,180,204 $4,159,946 $457,594 18 2043 $66,910,638 $321,759,003 $4,214,167 $392,883,808 $4,243,145 $466,746 19 2044 $68,248,850 $328,194,183 $4,298,450 $400,741,484 $4,328,008 $476,081 20 2045 $69,613,827 $334,758,067 $4,384,419 $408,756,314 $4,414,568 $485,603 21 2046 $71,006,104 $341,453,228 $4,472,107 $416,931,440 $4,502,860 $495,315 22 2047 $72,426,226 $348,282,293 $4,561,549 $425,270,069 $4,592,917 $505,221 23 2048 $73,874,751 $355,247,939 $4,652,780 $433,775,470 $4,684,775 $515,325 24 2049 $75,352,246 $362,352,898 $4,745,836 $442,450,979 $4,778,471 $525,632 25 2050 $76,859,291 $369,599,956 $4,840,753 $451,299,999 $4,874,040 $536,144 Grand Total: $95,018,367 $10,452,020
NPV: 4% $50,055,345 $5,506,139
Escalation 2% 2% 2%
Source: Assessed value from FRH, assumes 5% cap rate; Property Tax rates from City of Santa Ana Cap of 4%
City Council 18 – 392 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 2 : Property Taxes In-Lieu of VLF
New InPhasing Cumulative Lieu VLF
Year Year New Construction 0.0520%
Proforma 2022 0
CY1 2023 $0 $0
CY2 2024 $0 $0
CY3 2025 $0 $0
1 2026 $91,425,207 $47,541
2 2027 $286,194,565 $148,821
3 2028 $291,918,456 $151,798
4 2029 $297,756,825 $154,834
5 2030 $303,711,962 $157,930
6 2031 $309,786,201 $161,089
7 2032 $315,981,925 $164,311
8 2033 $322,301,564 $167,597
9 2034 $328,747,595 $170,949
10 2035 $335,322,547 $174,368
11 2036 $342,028,998 $177,855
12 2037 $348,869,578 $181,412
13 2038 $355,846,969 $185,040
14 2039 $362,963,909 $188,741
15 2040 $370,223,187 $192,516
16 2041 $377,627,651 $196,366
17 2042 $385,180,204 $200,294
18 2043 $392,883,808 $204,300
19 2044 $400,741,484 $208,386
20 2045 $408,756,314 $212,553
21 2046 $416,931,440 $216,804
22 2047 $425,270,069 $221,140
23 2048 $433,775,470 $225,563
24 2049 $442,450,979 $230,075
25 2050 $451,299,999 $234,676
Grand Total: $4,574,958
NPV: 4% $2,410,127
Escalation: 2%
Source: Assessed value from FRH, assumes 4.25% cap rate; Property Tax rates from City of Santa Ana City Council 18 – 393 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 3: Utility Usage Appendix
Utility Tax
Phasing Energey Cost Total Energy Cost Revenue
Year Year Per Household 507 Households 5.5%
Proforma 2022 $3,321 $1,683,644 $92,600
CY1 2023 $0 $0 $0
CY2 2024 $0 $0 $0
CY3 2025 $0 $0 $0
1 2026 $3,595 $1,822,431 $100,234
2 2027 $3,666 $1,858,879 $102,238
3 2028 $3,740 $1,896,057 $104,283
4 2029 $3,815 $1,933,978 $106,369
5 2030 $3,891 $1,972,658 $108,496
6 2031 $3,969 $2,012,111 $110,666
7 2032 $4,048 $2,052,353 $112,879
8 2033 $4,129 $2,093,400 $115,137
9 2034 $4,212 $2,135,268 $117,440
10 2035 $4,296 $2,177,973 $119,789
11 2036 $4,382 $2,221,533 $122,184
12 2037 $4,469 $2,265,963 $124,628
13 2038 $4,559 $2,311,283 $127,121
14 2039 $4,650 $2,357,508 $129,663
15 2040 $4,743 $2,404,659 $132,256
16 2041 $4,838 $2,452,752 $134,901
17 2042 $4,935 $2,501,807 $137,599
18 2043 $5,033 $2,551,843 $140,351
19 2044 $5,134 $2,602,880 $143,158
20 2045 $5,237 $2,654,937 $146,022
21 2046 $5,341 $2,708,036 $148,942
22 2047 $5,448 $2,762,197 $151,921
23 2048 $5,557 $2,817,441 $154,959
24 2049 $5,668 $2,873,790 $158,058
25 2050 $5,782 $2,931,265 $161,220
Grand Total: $118,455 $60,056,646 $3,210,515
NPV: 4% $1,713,508
Escalation from 2021 2% 2%
(1) Gas at $295, Water at $590, eletric at $1,476, phone at $959 annually City Council 18 – 394 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 3: Utility Usage Appendix
Utility Tax
Phasing Energey Cost Total Energy Cost Revenue
Year Year Per Household 507 Households 5.5%
Proforma 2022 $3,321 $1,683,644 $92,600
CY1 2023 $0 $0 $0
CY2 2024 $0 $0 $0
CY3 2025 $0 $0 $0
1 2026 $3,595 $1,822,431 $100,234
2 2027 $3,666 $1,858,879 $102,238
3 2028 $3,740 $1,896,057 $104,283
4 2029 $3,815 $1,933,978 $106,369
5 2030 $3,891 $1,972,658 $108,496
6 2031 $3,969 $2,012,111 $110,666
7 2032 $4,048 $2,052,353 $112,879
8 2033 $4,129 $2,093,400 $115,137
9 2034 $4,212 $2,135,268 $117,440
10 2035 $4,296 $2,177,973 $119,789
11 2036 $4,382 $2,221,533 $122,184
12 2037 $4,469 $2,265,963 $124,628
13 2038 $4,559 $2,311,283 $127,121
14 2039 $4,650 $2,357,508 $129,663
15 2040 $4,743 $2,404,659 $132,256
16 2041 $4,838 $2,452,752 $134,901
17 2042 $4,935 $2,501,807 $137,599
18 2043 $5,033 $2,551,843 $140,351
19 2044 $5,134 $2,602,880 $143,158
20 2045 $5,237 $2,654,937 $146,022
21 2046 $5,341 $2,708,036 $148,942
22 2047 $5,448 $2,762,197 $151,921
23 2048 $5,557 $2,817,441 $154,959
24 2049 $5,668 $2,873,790 $158,058
25 2050 $5,782 $2,931,265 $161,220
Grand Total: $118,455 $60,056,646 $3,210,515
NPV: 4% $1,713,508
Escalation from 2022 2% 2%
(1) Gas at $295, Water at $590, eletric at $1,476, phone at $959 annually City Council 18 – 395 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023 Appendix 4: Residential-Derived Sales Tax Sales Tax Sales Tax Sales Tax Total Resident Phasing Taxable Expenditures Total Energy Cost Revenue Measure X Revenue Measure X Revenue Derived Sales Tax Year Year Per Household 507 Households 1.0% 1.5% 1.0% Revenue Proforma 2022 $14,500 $7,351,500 $73,515 $110,273 $1,103 $184,890 CY1 2023 $0 $0 $0 $0 $0 CY2 2024 $0 $0 $0 $0 $0 CY3 2025 $0 $0 $0 $0 $0 1 2026 $15,695 $7,957,500 $79,575 $119,363 $198,9382 2027 $16,009 $8,116,650 $81,167 $121,750 $202,9163 2028 $16,329 $8,278,983 $82,790 $124,185 $206,9754 2029 $16,656 $8,444,563 $84,446 $0 $84,446 $168,8915 2030 $16,989 $8,613,454 $86,135 $0 $86,135 $172,2696 2031 $17,329 $8,785,723 $87,857 $0 $87,857 $175,7147 2032 $17,675 $8,961,437 $89,614 $0 $89,614 $179,2298 2033 $18,029 $9,140,666 $91,407 $0 $91,407 $182,8139 2034 $18,390 $9,323,480 $93,235 $0 $93,235 $186,470 10 2035 $18,757 $9,509,949 $95,099 $0 $95,099 $190,19911 2036 $19,132 $9,700,148 $97,001 $0 $97,001 $194,00312 2037 $19,515 $9,894,151 $98,942 $0 $98,942 $197,88313 2038 $19,905 $10,092,034 $100,920 $0 $100,920 $201,84114 2039 $20,304 $10,293,875 $102,939 $0 $102,93915 2040 $20,710 $10,499,752 $104,998 $0 $104,99816 2041 $21,124 $10,709,747 $107,097 $0 $107,09717 2042 $21,546 $10,923,942 $109,239 $0 $109,23918 2043 $21,977 $11,142,421 $111,424 $0 $111,42419 2044 $22,417 $11,365,270 $113,653 $0 $113,65320 2045 $22,865 $11,592,575 $115,926 $0 $115,926 21 2046 $23,322 $11,824,426 $118,244 $0 $118,24422 2047 $23,789 $12,060,915 $120,609 $0 $120,60923 2048 $24,265 $12,302,133 $123,021 $0 $123,02124 2049 $24,750 $12,548,176 $125,482 $0 $125,482 25 2050 $25,245 $12,799,139 $127,991 $0 $127,991
Grand Total: $517,224 $262,232,611 $2,548,811 $365,297 $924,656 $3,838,764 NPV: 4% $1,063,705 $300,303 $780,962 $1,785,614
Escalation from 2022 2% 2%
City Council 18 – 396 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 5: Retail Sales Tax
Sales Tax Sales Tax Sales Tax
Phasing Estimated Revenue Measure X Revenue Measure X Revenue Sales Tax Year Year Sales (1) 1.00% 1.50% 1.00% Revenue
Proforma 2022 $1,375,000 $13,750 $20,625 $13,750 $48,125 CY1 2023 $0 $0 $0 $0
CY2 2024 $0 $0 $0 $0
CY3 2025 $0 $0 $0 $0
1 2026 $1,488,344 $14,883 $22,325 $37,209
2 2027 $1,518,111 $15,181 $22,772 $37,953
3 2028 $1,548,473 $15,485 $23,227 $38,712
4 2029 $1,579,443 $15,794 $0 $15,794 $31,589
5 2030 $1,611,032 $16,110 $0 $16,110 $32,221
6 2031 $1,643,252 $16,433 $0 $16,433 $32,865
7 2032 $1,676,117 $16,761 $0 $16,761 $33,522
8 2033 $1,709,640 $17,096 $0 $17,096 $34,193
9 2034 $1,743,832 $17,438 $0 $17,438 $34,877
10 2035 $1,778,709 $17,787 $0 $17,787 $35,574
11 2036 $1,814,283 $18,143 $0 $18,143 $36,286
12 2037 $1,850,569 $18,506 $0 $18,506 $37,011
13 2038 $1,887,580 $18,876 $0 $18,876 $37,752
14 2039 $1,925,332 $19,253 $0 $0 $19,253
15 2040 $1,963,839 $19,638 $0 $0 $19,638
16 2041 $2,003,115 $20,031 $0 $0 $20,031
17 2042 $2,043,178 $20,432 $0 $0 $20,432
18 2043 $2,084,041 $20,840 $0 $0 $20,840
19 2044 $2,125,722 $21,257 $0 $0 $21,257
20 2045 $2,168,236 $21,682 $0 $0 $21,682
21 2046 $2,211,601 $22,116 $0 $0 $22,116
22 2047 $2,255,833 $22,558 $0 $0 $22,558
23 2048 $2,300,950 $23,009 $0 $0 $23,009
24 2049 $2,346,969 $23,470 $0 $0 $23,470
25 2050 $2,393,908 $23,939 $0 $0 $23,939
Grand Total: $47,672,111 $490,471 $68,324 $172,945 $717,990 NPV: 4% $25,442,648 $257,917 $56,214 $146,085 $328,002
Escalation 2%
(1) $250 revenue per square foot
Sales Tax information from City of Santa Ana
City Council 18 – 397 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 6: City Expenitures
Phasing Project Derived
Year Year City Expenditures
Proforma 2022 $419,482
CY1 2023 $0
CY2 2024 $0
CY3 2025 $0
1 2026 $454,060
2 2027 $463,142
3 2028 $472,404
4 2029 $481,853
5 2030 $491,490
6 2031 $501,319
7 2032 $511,346
8 2033 $521,573
9 2034 $532,004
10 2035 $542,644
11 2036 $553,497
12 2037 $564,567
13 2038 $575,858
14 2039 $587,376
15 2040 $599,123
16 2041 $611,106
17 2042 $623,328
18 2043 $635,794
19 2044 $648,510
20 2045 $661,480
21 2046 $674,710
22 2047 $688,204
23 2048 $701,968
24 2049 $716,008
25 2050 $730,328
Grand Total: $14,963,173
NPV: 4% $7,866,829
Escalation from 2022 2%
City Council 18 – 398 10/3/2023
The Concord Group
FRH Realty LLC
22179.01 Santa Ana, CA April 2023
Appendix 7:

Existing Site Tenants:

Bldg Tenant Industry
515 Regain, INC. Business Management Services
515 Barnes Accountancy Financial Services
515 Bancorp Familiar Financial Services
525 Benefit Equity Financial Services
1901 Colton Capital Corp Financial Services
1971 Mortgage Service Providers Holdings Financial Services 1971 Tom North and North Murray Associates Financial Services 525 National Traffic Safety Institute Government
525 Child Guidance Center Healthcare
525 Child Guidance Center Healthcare
1901 Michael H. Lowenstein, MD Healthcare
1971 OC Association of Mental Health Healthcare
1971 Planned Parenthood Healthcare
1971 Gaston Alvarez Healthcare
1971 Conrad Portillo - O.C. Hypnosis Center Healthcare
515 Coleman Chavez & Associates Legal Services
515 Varon St. Clair & Jelenksy Legal Services
515 Complex Legal Services Legal Services
525 Pagter and Perry Isaacson Legal Services
525 Richard D. Pesota Legal Services
1901 BWA Law Group Legal Services
1971 Wall, McCormick Baroldi & Dugan Legal Services
1971 Security Mortgage Lenders Mortgage Lender
1901 OneOC Non-Profit
1971 OC Community Associations Institute Non-Profit
525 Knowles & Vacca Private Investigator
1971 Joyce Altman Interpreters Professional Business Services 525 OC Multi-Housing Service Real Estate
515 New Century Realtors Corp, Real Estate Services
1901 Professional Staffing & Marketing Recruiting Agency 515 Mark S. Wagner, MD Rehabilitation Center
525 Phoenix House Orange County Rehabilitation Center
1901 Phoenix House OC Rehabilitation Center
515 Children's Bureau of SoCal SoCal Services
525 Berex Technology
515 VACANT VACANT
515 VACANT VACANT
515 VACANT VACANT
525 VACANT VACANT
525 VACANT VACANT
1901 VACANT VACANT
1901 VACANT VACANT
1901 VACANT VACANT
1971 VACANT VACANT
1971 VACANT VACANT
1971 VACANT VACANT
1971 VACANT VACANT
1971 VACANT VACANT
City Council 18 – 399 10/3/2023
CHAPTER 4 Mitigation Monitoring and
Reporting Program

4.1 INTRODUCTION
The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of potentially significant environmental impacts associated with project development. The Final Environmental Impact Report (Final EIR) for the proposed Metro East Mixed Use Overlay Zone EIR (State Clearinghouse No.2006031041) located within the City of Santa Ana (City), includes program and project-specific mitigation measures to reduce the potential environmental effects of the Overlay Zone, as well as the First and Cabrillo Towers Project.

Monitoring of the implementation of adopted mitigation measures is required by Public Resources Code Section 21081.6. The Final EIR for the proposed project provides a list of mitigation measures, and describes the process whereby the mitigation measures would be monitored. Following certification of the Final EIR and approval of this Mitigation Monitoring Program (MMP) by the City, the mitigation measures included in the Final EIR would be monitored as described in this MMP. It should be noted that because this EIR contained program- and project-level components, two separate MMP tables are presented as part of this MMP for the Overlay Zone and for the First and Cabrillo Towers project.

4.2 PURPOSE
The purpose of the proposed Overlay Zone EIR MMP is to ensure compliance with all mitigation measures to mitigate or avoid potentially significant adverse environmental impacts resulting from the proposed project that were identified in the Final EIR. Implementation of this MMP shall be accomplished by the City of Santa Ana. Mitigation measures will be implemented (1) as part of design development of the project, (2) during project construction, or (3) as part of project operations.

4.3 RESPONSIBILITIES AND DUTIES
In general, monitoring will consist of demonstrating that mitigation measures were implemented, and that the responsible unit monitored the implementation of the measures. The responsible unit for determining compliance with all mitigation measures will be the City. Monitoring will consist of determining whether
„ The specific issues identified in the mitigation measures were considered in the design development phase
„ Construction contracts included the provisions specified in the mitigation measures „ The required actions specified in the mitigation measures occurred prior to or during construction „ Ongoing administrative activities included the provisions identified in the mitigation measures Metro East Mixed Use Overlay Zone (Volume III) 4-1 City Council 18 – 400 10/3/2023 Chapter 4 Mitigation Monitoring and Reporting Program
Any concerns between monitors and construction personnel shall be addressed by the City of Santa Ana, Planning Department.

4.4 LIST OF MITIGATION MEASURES
As mentioned above, due to the program- and project-level components of this EIR, the MMP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the Overlay Zone and their method of implementation are listed in Table 4-1. The mitigation measures, which include several mitigation measures from the program-level component, that pertain to the First and Cabrillo Towers project are listed in Table 4-2. All project-specific mitigation measures included in the Final EIR for this project would be monitored as described above.

The mitigation monitoring matrix on the following pages is formatted to parallel the format of the Executive Summary table contained in the Final EIR. The matrix identifies the required mitigation measures, the time frame for monitoring, and the responsible monitoring agencies.

It should be noted that the mitigation measures from Volume I that are contained within Table 4-2 have been modified slightly so as to directly apply to the First and Cabrillo Towers project. The content and action required by each mitigation measure have not been modified. 4-2 City of Santa Ana City Council 18 – 401 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Aes thetics
Impact 4.1-3: Implementation of MM-OZ 4.1-1 Proposed new structures shall be designed to maximize the use of Planning and Project Applica nt
During Project
the proposed project would result textured or other non-reflective exterior surfaces and non-reflective glass. Building Age ncy De s ign and in new sources of increased
daytime glare.

Construction
Impact 4.1-4: Implementation of MM-OZ 4.1-2 All exterior lighting and advertising (including signage) shall be Planning and the proposed project would result directed onto the specific location intended for illumination (e.g., parking lots, Building Age ncy in new sources of increased drive wa ys , and wa lkwa ys ) and shielded away from adjacent properties and public Project
Applica nt
During Project
De s ign and
Construction
nighttime light. rights-of-way to minimize light spillover onto adjacent areas.

MM-OZ 4.1-3 Prior to issuance of a Site Development Permit for each specific Planning and development project, the applicant shall submit a lighting plan to the City of Santa Building Age ncy An a for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects . The plan shall s pecifically incorporate the following design features:

Project
Applica nt
Prior to Issuance of
Site Development
Permit
ƒ All projects shall incorporate project design features to s hie ld light and/or glare from vehicles entering or exiting parking lots and structures that fa ce sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate offsite sensitive uses.

All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City’s Municipal Code.

Impact 4.1-5: Implementation of MM-OZ 4.1-4 Prior to issuance of a building permit each project shall be required Planning and the proposed project could result to perform a shade and shadow analysis that demonstrates that the project will not Building Age ncy Project
Applica nt
Prior to Issuance of
a Building Permit
in a substantial increase in result in significant impacts according to the following criteria. Shadowing impacts shade/shadows over sensitive in the Overlay Zone are considered significant whe n shadows would be cast upon uses. potentially sensitive uses during a substantial portion (greater than 50 percent) of the ma in daylight hours (9:00 a.m. to 3:00 p.m. during the fall, winter, and spring seasons, and 9:00 a.m. to 5:00 p.m. [daylight savings time] during the s umme r season). Light sensitive uses are those that depend upon light for their operation (e.g., solar panels) or for which solar access is essential for their function (e.g., Metro East Mixed Use Overlay Zone (Volume III) 4-3
City Council 18 – 402 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming swimming pools). Light-sensitive uses also include public parks, residences, and routinely useable outdoor spaces associated with residences (e.g., yards).

Air Quality
Impact 4.2-3: Construction and MM-OZ 4.2-1 Tras h receptacles within the Overlay Zone will be required to have Planning and operation of the proposed project lids that enable convenient collection and loading and will be emptied on a regular Building Age ncy would not create objectionable basis, in compliance with City of Santa Ana regulations for the collection of solid Project
Applica nt
During Operation
odors affecting
number of people.
a substantial waste.

Impact 4.2-4: Construction MM-OZ 4.2-2 The developer shall require by contract specifications that all diesel- Planning and Project Prior to activities associated with the powered equipment used would be retrofitted with after-treatment products (e.g., Building Age ncy proposed project would exceed engine catalysts and other technologies a va ila ble at the time construction Applica nt Construction
South Coast Air Quality commences) whe n construction activities commence. Contract specifications shall Management District Standards be included in the proposed project construction documents, which shall be for VOC and NOX, and would approved by the City of Santa Ana Planning and Building Agency staff. result in a projected air quality
violation. This is considered a
potentially significant impact.

Compliance with the identified
MM-OZ 4.2-3 The developer shall require by contract specifications that all heavy- Planning and duty diesel-powered equipment operating and refueling at the project site would Building Age ncy use low-NOX diesel fuel to the extent that it is readily a va ila ble and cost effective (up to 125 percent of the cost of California Air Resources Board dies el) in the South Coast Air Bas in 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.

Project
Applica nt
Prior to
Construction
project requirement and
implementation of mitigation
measures MM-OZ 4.2 2 through
MM-OZ 4.2 16 would reduce this
impact, but not to a less-thansignificant le ve l. Therefore, this impact would be considered
significant and unavoidable.

MM-OZ 4.2-4 The developer shall require by contract specifications that alternative Planning and fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, Building Age ncy and unleaded gasoline) would be utilized to the extent fe a s ible in the South Coast Air Bas in 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.

Project
Applica nt
Prior to
Construction
4-4 City of Santa Ana
City Council 18 – 403 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming MM-OZ 4.2-5 The developer shall require by contract specifications that Planning and construction equipment engines will be maintained in good condition and in proper Building Age ncy 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 Age ncy s ta ff.

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-6 The developer shall require by contract specifications that Planning and construction-related equipment, including heavy-duty equipment, motor vehicles, Building Age ncy and portable equipment, shall be turned off whe n 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.

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-7 The developer shall require by contract specifications that Planning and construction operations rely on the electricity infrastructure surrounding the Building Age ncy construction site rather than electrical generators powered by internal combustion engines to the extent feas ible. 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.

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

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-9 The developer shall require by contract specifications that temporary Planning and traffic controls are provided, such as a flagperson, during all phases of Building construction to maintain smooth traffic flow. Contract specifications shall be Agency/Public included in the proposed project construction documents, which shall be approved Works by the City of Santa Ana Planning and Building Agency staff.

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-10 The developer shall require by contract specifications that Planning and construction activities that a ffe ct traffic flow on the arterial system be scheduled to Building off-peak hours (10 A.M. to 4 P.M.). Contract specifications shall be included in the Agency/Public proposed project construction documents, which shall be approved by the City of Works Santa Ana Planning and Building Agency staff.

Project
Applica nt
Prior to
Construction
Metro East Mixed Use Overlay Zone (Volume III) 4-5
City Council 18 – 404 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming MM-OZ 4.2-11 The developer shall require by contract specifications that Planning and dedicated on-site and off-site left-turn lanes on truck hauling routes be utilized for Building movement of construction trucks and equipment on site and off site to the extent Agency/Public fe a s ible during construction activities. Contract specifications shall be included in Works the proposed project construction documents, which shall be approved by the City of Santa Ana .

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-12 Upon issuance of building or grading permits, whichever is issued Planning and earliest; notification shall be ma ile d to owners and occupants of all developed land Building Age ncy 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 lia is on and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with a ll 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.

Project
Applica nt
Upon Issuance of
Building or Grading
Permits
MM-OZ 4.2-13 As required by South Coast Air Quality Management District Rule Planning and 403—Fugitive Dus t, all construction activities that are capable of generating Building Age ncy 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 the following:

Project
Applica nt
During Grading,
Construction and
Project
Implementation
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
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
Wa te ring of exposed surfaces three times daily
Wa te ring 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
4-6 City of Santa Ana
City Council 18 – 405 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming ƒ 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 whe re vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip MM-OZ 4.2-14 The developer shall require by contract specifications that the Planning and architectural coating (paint and primer) products used would have a VOC rating of Building Age ncy 100 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa Ana Planning and Building Agency staff.

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-15 The developer shall require by contract specifications that materials Planning and that do not require painting be used during construction to the extent feas ible. Building Age ncy Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa An a Planning and Building Agency staff.

Project
Applica nt
Prior to
Construction
MM-OZ 4.2-16 The developer shall require by contract specifications that pre- Planning and painted construction materials be used to the extent feas ible. Contract Building Age ncy specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa Ana Planning and Building Agency staff.

Project
Applica nt
Prior to
Construction
Biological Resources
Impact 4.3-1: Implementation of MM-OZ 4.3-1 To ensure that avian species of concern, protected migratory Planning and the proposed project would not species (e.g., MBTA) , or raptors species are not injured or disturbed by Building result in a potential reduction in construction in the vicinity of nesting habitat, the project applicant shall implement Age ncy/CDFG nesting opportunities for resident the following measures:

Project
Applica nt
Prior to and during
Construction
and migratory avian species of
special concern.

1. Whe n feas ible, a ll tree removal shall occur between Augus t 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage ha wks from nesting in the vicinity of an upcoming construction area. This period may be modified with the authorization of the DFG; or if it is not fe a s ible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and Augus t 30, all trees within 350 feet of any grading or earthmoving Metro East Mixed Use Overlay Zone (Volume III) 4-7
City Council 18 – 406 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming activity shall be surveyed for active raptor nests by a qualified biologist no more than 30 days prior to disturbance. If active raptor nests are found, and the site is within 350 feet of potential construction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined by the City in consultation with CDFG.

2. No construction vehicles shall be permitted within restricted areas (i.e., raptor protection zones), unless directly related to the management or protection of the legally protected species.

3. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still a live , the developer shall contact CDFG and, subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s).

4. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after Augus t 30th, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist.

Cultural Resources
Impact 4.4-1: Redevelopment of MM-OZ 4.4-1 The City of Santa Ana shall require as part of the environmental Planning and sites within the Overlay Zone review of development projects within the Overlay Zone that impacts to potentially Building Age ncy could result in the demolition or significant historic resources be considered. If any existing structures on a major modification of historically- proposed development site are at or approaching 50+ years of age at the time of aged structures which have not CEQA re vie w, the City shall consult with a qualified historian as to the potential yet been evaluated to determine significance of the structure and develop mitigation measures as necessary. their significance as defined by
Project
Applica nt
During
environmental
review of future
projects
Section 15064.5 of the CEQA
Guidelines, and this would be
considered a significant impact.
4-8 City of Santa Ana
City Council 18 – 407 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Impact 4.4-2: Implementation of MM-OZ 4.4-2 Due to the lack of cultural resource studies for the project site and in Planning and the proposed project has the order to avoid damaging any unidentified cultural resources, a qualified Building Age ncy potential to cause a substantial archaeologist should be retained to monitor any significant ground-disturbing adverse change in the significance activities in undeveloped areas within the Overlay Zone, and any deep (10’ or of an archaeological resource deeper) ground-disturbing activities in all areas of the Overlay Zone. pursuant to Section 15064.5 of the
Project
Applica nt
During
Construction
MM-OZ 4.4-3 In the event that archeological resources are unearthed during Planning and project subsurface activities, a ll earth-disturbing work within a 200-meter radius Building Age ncy must be temporarily suspended or redirected until an archeologist has evaluated the nature and significance of the find. Afte r the find has been appropriately mitigated, work in the area may resume.

Project
Applica nt
During
Construction
CEQA Guidelines, and this would
be considered a significant impact.

Impact 4.4-3: Implementation of MM-OZ 4.4-4 In the event that paleontological resources are unearthed during Planning and the proposed project has the subsurface construction activities, all earth-disturbing work within a 100-meter Building Age ncy potential to directly or indirectly radius of the find must be temporarily suspended or redirected until a destroy a unique paleontological paleontologist has evaluated the nature and significance of the find. Afte r the find resource or site, or unique has been appropriately mitigate d, work in the area may resume. geologic feature and this would be
Project
Applica nt
During
Construction
considered a significant impact.

Impact 4.4-4: Construction MM-OZ 4.4-5 If human remains are unearthed, State He a lth and Safety Code Planning and Project During activities under the proposed Section 7050.5 require that no further disturbance shall occur until the County Building project could result in the coroner has made the necessary findings as to origin and disposition pursuant to Age ncy/NAHC disturbance of human remains Public Resources Code Section 5097.98. If the remains are determined to be of interred outside of formal Native Ame rica n descent, the coroner has 24 hours to notify the Native Ame rica n Applica nt Construction
cemeteries. Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native Ame rica n, who will then serve as consultant on how to proceed with the remains.

Metro East Mixed Use Overlay Zone (Volume III) 4-9
City Council 18 – 408 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Geology and Soils
Impact 4.5-1: Implementation of MM-OZ 4.5-1 During project-specific building design of future development in the Planning and the proposed Overlay Zone could Overlay Zone, site-specific geotechnical studies shall be conducted under the Building Age ncy expose people or structures to direct supervision of a California Registered Engineering Geologist or licensed potential substantial adverse geotechnical engineer to assess detailed s eis mic, geological, soil, and effects , including the risk of loss, groundwater conditions at each construction site and develop recommendations to injury, or death involving strong prevent or abate any identified hazards. The report shall specify foundation Project
Applica nt
Prior to Issuance of
Permits/During
Project De s ign
s eis mic groundshaking. recommendations to ensure issues associated with underlying soils are addressed. Construction of the project shall comply with all recommendations in the geotechnical report. The study shall follow applicable recommendations of C DMG Special Publication 117 whe re applicable and shall include, but not necessarily be limited to
ƒ Determination of the locations of any suspected fault traces and anticipated ground acceleration at the building site
ƒ Potential for displacement caused by seismically induced shaking, liquefaction, differential soil settlement, expansive and compressible s oils , or other earth movements or soil constraints
ƒ Evaluation of depth to groundwater
Impact 4.5-5: Future development MM-OZ 4.5-2 Developers within the Overlay Zone shall conduct expansion index Planning and under the proposed Overlay Zone tests in accordance with UBC Standard 18-2 prior to project construction. The Building Age ncy could be located on expansive design of structural elements of future projects shall include recommendations set Project
Applica nt
Prior to Project
Construction
soil. forth by the expansion index tests.

Hazards and Hazardous Materials
Impact 4.6-2: Implementation of MM-OZ 4.6-1 For future residential uses that are developed under the Overlay Planning and the proposed project could result Zone within 500 feet of an existing fre e wa y, a health risk assessment (HRA) for Building Age ncy in the exposure of future residents diesel exhaust shall be prepared. Recommendations contained within the HRA in the Overlay Zone to diesel shall be implemented in project design.

Project
Applica nt
Prior to Issuance of
Permits/During
Project De s ign
exhaust emis s ions , which could
pose a significant hazard.
4-10 City of Santa Ana
City Council 18 – 409 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Impact
activities

4.6-3:
associated
Construction MM-OZ 4.6-2 Prior to the issuance of grading permits on any project site, the site Planning and with developer(s) s ha ll: Building Age ncy
Project
Applica nt
Prior to Issuance of
Grading Permits
implementation of the proposed
Overlay Zone could result in the
release of hazardous materials to
ƒ
ƒ
ƒ
Investigate the project site to determine whether it or immediately adjacent areas have a record of hazardous material contamination via the preparation of a preliminary environmental site assessment (ES A), which shall be submitted to the City for re vie w. If contamination is found the report shall characterize the site according to the nature and extent of contamination that is present before development activities precede at that site.

If contamination is determined to be on site, 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.
the environment through
reasonably foreseeable upset and
accident conditions.

If remediation is required as identified by the local oversight agency, it shall be accomplished in a manner that reduces risk to below applicable standards and shall be completed prior to issuance of any occupancy permits.

MM-OZ 4.6-3 In the event that previously unknown or unidentified soil and/or Planning and groundwater contamination that could present a threat to human health or the Building Age ncy environment is encountered during construction of the proposed project, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Ris k Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, postdevelopment maintenance or access limitations, or some combination thereof.

Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., City of Santa Ana Fire Department). If needed, a Site He a lth and Safety Plan that meets Occupational Safety and He a lth Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area.

Project
Applica nt
During construction
Metro East Mixed Use Overlay Zone (Volume III) 4-11
City Council 18 – 410 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Impact 4.6-7: Implementation of MM-OZ 4.6-4 For development of structures that exceed 200 feet in height above Planning and the proposed project could result ground level at a development site, Applica nts shall file a Notice of Proposed Building Agency / in a safety hazard for people Construction or Alte ra tion with the FAA (FAA Form 7460-1). Following the FAA’s F AA/ ALUC residing or working in the project Aeronautical Study of the project, projects must comply with conditions of approval Project
Applica nt
Prior to
Construction
area. imposed or recommended by the F AA. Subsequent to the FAA findings, the City shall refer the project to the Airport La nd Use Commission (ALUC) for Orange County for consistency analysis.

Impact 4.6-8: Implementation of MM-OZ 4.6-5 Prior to initiation of construction activities, any development within Public Works the Overlay Zone could interfere the Overlay Zone shall have a completed traffic control plan, prepared by the with an adopted emergency developer that will be implemented during construction activities. This may include, response plan or emergency but is not limited to, the maintenance of at least one unobstructed lane in both Project
Applica nt
Prior to/During
Construction
evacuation plan. directions on surrounding roadways. At any time only a single lane is a va ila ble , the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes.

MM-OZ 4.6-6 The City Planning Department shall consult with the Santa An a Planning and Police Department and the Santa Ana Fire Department to disclose temporary Building closures and alternative travel routes in order to ensure adequate access for Agency/Police emergency vehicles whe n construction of future projects would result in temporary Dept./Fire De pt. land or roadway closures.

Planning and
Building Age ncy Construction
Prior to/During
MM-OZ 4.6-7 The Santa Ana Fire Department, in consultation with other Fire Dept./Police applicable City Departments (e.g., Police), shall update their Emergency Dept./Planning and Preparedness Plan prior to occupancy of the first project developed under the Building Age ncy Overlay Zone, to address potential for accidental release of hazardous materials that may be used, stored, and/or transported in association with operation of project implementation.

Fire Department Prior to occupancy
of the first project
developed under
the Overlay Zone
4-12 City of Santa Ana
City Council 18 – 411 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Hydrology and Water Quality
Impact 4.7-1: Implementation of MM-OZ 4.7-1 In order to comply with the 2003 DAMP , future development projects Public Works the proposed Overlay Zone would in the Overlay Zone shall prepare Storm Dra in Plans, Stormwater Pollution Project
Applica nt
Prior to Issuance of
Permits
not violate water quality Prevention Plans (SWPPP), and Water Quality Management Plans (WQMP ) standards, waste discharge, or conforming to the current National Pollution Discharge Elimination System otherwise substantially degrade (NPDES) requirements, prepared by a Licens ed Civil Engineer or Environmental water quality. Engineer, shall be submitted to the Department of Public Works for review and approval.
a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development.

The plan shall incorporate all necessary Best Management Practices (BMPs ) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows , and for nuisance flows during construction.
b. A WQMP shall be prepared, maintained, and updated as needed to s atis fy the requirements of the adopted NP DES program. The plan shall incorporate water quality measures for all improved phases of the project. c Location of the BMP s shall not be within the public right-of-way.

Impact 4.7-4: Future development MM-OZ 4.7-2 Prior to issuance of grading permits, future development projects in Public Works in the Overlay Zone could alter the the Overlay Zone shall submit a Hydrology and Hydraulic Study to the Public existing drainage pattern and Works Department for review and approval. If existing facilities are not adequate to potentially result in increased handle runoff that may be generated by the proposed development, then the downstream flooding through the applicant shall propose fe a s ible remedies to assure that adequate drainage addition of impervious surfaces, or facilities will be available prior to issuance of occupancy permits. The applicant exceeding the capacity of existing may propose storm drain improvements to be constructed in order to meet project or planned stormwater drainage needs. If necessary storm drain upgrades cannot be implemented prior to Project
Applica nt
Prior to Issuance of
Grading Permits
systems. issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post-construction runoff does not exceed pre-development quantities.

Metro East Mixed Use Overlay Zone (Volume III) 4-13
City Council 18 – 412 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Nois e
Impact 4.9-1: Construction MM OZ 4.9-1 Construction activities shall be limited to the following general Planning and Project During activities associated with the restrictions. In the event that there is a conflict between the City of Santa Ana Building Age ncy proposed project would generate Municipa l Code and the City of Tustin Municipa l Code, the more restrictive noise le ve ls that exceed the noise measures shall be applied:

Applica nt Construction
standards established by the City
of Santa Ana Municipal Code.
ƒ All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. ƒ All construction activity within 200 feet of the City of Tustin Border shall be conducted in accordance with Section 4617(e) of the City of Tustin Municipa l Code.

MMOZ 4.9-2 The project applicant shall require by contract specifications that the Planning and following construction best management practices (BMPs ) be implemented by Building Age ncy contractors to reduce construction noise leve ls :

Project
Applica nt
Prior to Issuance of
Grading Permit
ƒ Two weeks prior to the commencement of construction, notification must be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. ƒ
ƒ
ƒ
ƒ
Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.

Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, whe re feas ible.

Schedule high noise-producing activities between the hours of 8:00 A. M. and 5:00 P.M. to minimize disruption on sensitive uses.

Implement noise attenuation measures to the extent feas ible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationaryconstruction noise sources.
ƒ
ƒ
Use electric a ir compressors and s imila r powe r tools rather than diesel equipment, whe re feas ible.

Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off whe n not in use for more than 30 minutes.
ƒ Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City 4-14 City of Santa Ana
City Council 18 – 413 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
ƒ Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance of a grading permit.

MM OZ 4.9-3 The project applicant shall require by contract specifications that Planning and construction staging areas along with the operation of earthmoving equipment Building Age ncy within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance of a grading permit.

Project
Applica nt
Prior to Issuance of
Grading Permit
MM OZ 4.9-4 The project applicant shall require by contract specifications that Planning and heavily loaded trucks used during construction would be routed away from Building Age ncy residential streets to the extent feas ible. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance ofa grading permit.

Project
Applica nt
Prior to Issuance of
Grading Permit
Impact 4.9-2: Operation of the MM OZ 4.9-5 Whe re future residential uses would be construction in areas Planning and proposed project could expose exposed to noise le ve ls greater than 60 dBA CNEL, prior to issuance of building Building Age ncy noise-sensitive land uses to noise permits, building plans shall reflect the construction of noise barriers around patios le ve ls that exceed the standards and balconies. The barriers shall be constructed of materials that provide a surface established by the City of Santa density of at least four pounds per square foot and shall be continuous, without Project
Applica nt
Prior to Issuance of
Building Permits
An a General Plan. gaps or gates. The height of the barriers shall be sufficient to reduce the exterior noise le ve ls to a CNEL of 65 dBA or less, and shall be determined by a qualified acousticalconsultant as part of the final engineering design of the project.

MM OZ 4.9-6 Prior to issuance of building permits, building plans shall specify the Planning and S TC rating of windows and doors for a ll residential land uses. Window and door Building Age ncy ratings shall be sufficient to reduce the interior noise leve l to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project.

Project
Applica nt
Prior to Issuance of
Building Permits
MM OZ 4.9-7 The developer shall provide proper shielding for all new HVAC Planning and s ys tems used by the proposed residential and mixed use buildings to achieve an Building Age ncy attenuation of 15 dBA at 50 feet from the equipment.

Project
Applica nt
During Project
De s ign and
Construction
Metro East Mixed Use Overlay Zone (Volume III) 4-15
City Council 18 – 414 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Public Services
Impact 4.11-3: Operation of the MM-OZ 4.11-1 Individual project developers shall pay school impact fees prior to Planning and Project Applica nt
Prior to Issuance of
proposed project would require the issuance of occupancy permits. Occupancy Permits new or physically altered facilities
Building Age ncy
to accommodate additional
students in Tustin Unified School
District (TUSD) schools. This is
considered a potentially significant
impact.

Transportation/Traffic
Impact 4.12-6: The proposed MM-OZ 4.12-1 As part of the project, the City of Santa Ana and the project Public Works project would not conflict with sponsors shall work with the transit providers to implement various transit-related adopted policies, plans, or measures to improve and expand bus system service within the Overlay Zone. programs supporting alternative These measures may include, but are not limited to, the following:
transportation.

Public Works During
implementation of
the project
ƒ
ƒ
ƒ
ƒ
Adding bus stops to the Overlay Zone along existing and proposed roadways Changing bus service headways to respond to increased demand Changing bus service destinations to respond to changing demand Adding local shuttle service for employees and patrons of the Overlay Zone The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project-related trips:
ƒ Bus Stop Locations—Re loca tion of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations.
ƒ
ƒ
Da ys of Operation—Th e City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees.

Headway—Th e City should work with OCTA to review route headways to determine if it would be appropriate to reduce them to accommodate transit riders within the Overlay Zone.
4-16 City of Santa Ana
City Council 18 – 415 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming Impact 4.12-7: Implementation of MM-OZ 4.12-2 Future development within the proposed Overlay Zone shall Public Works the proposed project would cause prepare separate traffic studies, specific to the individual projects that are an increase in traffic which is proposed. The traffic studies for future projects shall be prepared by a qualified substantial in relation to the traffic engineer of the City’s choosing. Further, and as determined by the traffic existing traffic load and capacity of studies, the above identified improvement measures shall be implemented as a Project
Applica nt
Prior to Issuance of
Building Permits
the street system. condition of the proposed development, either through the direct construction of improvements by the project applicant or through payment ofa fee, as required by the program detailed in MM-OZ 4.12-4.

MM-OZ 4.12-3 The City of Santa Ana Planning Department, in cooperation with Planning and the Department of Public Works , shall monitor the traffic signals within the Overlay Building Zone Study Are a once every five years to ensure that traffic signal timing is Agency/Public Planning and
Building
Agency/Public
Works
Ongoing
optimized. Works
MM-OZ 4.12-4 The City of Santa Ana shall institute a program for systematic Planning and mitigation of impacts as development proceeds within the Overlay Zone to ensure Building mitigation of the individual improvements. The program shall prescribe the method Agency/Public of participation in the mitigation program by individual projects and guide the timely Works implementation of the mitigation measures. The program should include the following elements:

Planning and
Building
Agency/Public
Works
During
Implementation of
Project
ƒ A funding and improvement program should be established to identify financial resources adequate to construct all identified mitigation measures in a timely basis.
ƒ The program should allow for acquisition of entire properties including business relocation whe re necessary to construct mitigation measures. Funds derived from sale of surplus acquired properties should be returned to the program.
ƒ All properties that redevelop within the Overlay Zone should participate in the program on a fa ir share per new development trip basis. The fa ir share should be based upon the total cost of all identified mitigation measures, divided by the peak hour trip generation increase forecast. This rate per peak hour trip should be imposed upon the incremental traffic growth for any new development within the Overlay Zone.
ƒ
ƒ
The program should include resources to conduct preliminary engineering studies to complete alignment studies and project specific environmental clearances for Tustin Ave nue at 17th Street and at 4th Street.

The program should raise funds from full development of the Overlay Zone to Metro East Mixed Use Overlay Zone (Volume III) 4-17
City Council 18 – 416 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming fund all identified mitigation measures.
ƒ
ƒ
The program should monitor phasing development of the Overlay Zone and defer or eliminate improvements if the densities permitted in the Overlay Zone are not occurring.

Program phasing should be monitored through preparation of specific project traffic impact studies for any project that is expected to include more than 100 dwelling units or 100,000 square feet of non-residential development. Traffic impact studies should use traffic generation rates that are deemed to be most appropriate for the actual development proposed.
ƒ
ƒ
The program should initiate project development to assure timely completion of the improvements identified to be needed for the First and Cabrillo Towe rs project by 2010 or as soon after as practically feasible.

Properties within Santa An a and within one-half mile of the Overlay Zone that redevelop to result in higher traffic generation should also participate in the program to insure equity.
ƒ
ƒ
The program should provide for full construction of projects outside of Santa Ana , if the Overlay Zone will create a traffic impact based upon the CMP .

The program should provide fa ir share contribution to construction costs of other improvements outside of the Overlay Zone if they are identified in this traffic study but they are not impacted as defined by the CMP . ƒ The fa ir share contribution would presume participation by other developments outside of the City of Santa Ana (generally within the City of Tustin) in proportion to traffic growth at the affected sites.
ƒ
ƒ
Traffic impact studies for future projects shall be prepared by a qualified traffic engineer approved or retained by the City.

The City may elect to implement appropriate mitigation measures as a condition of approval of the proposed developments, whe re appropriate. All or part of the costs of these improvements may be considered to be a negotiated credit toward the program, howe ve r the Program must be administered in a manner that assures that it can fund necessary improvements to maintain adequate level of service at all intersections within this study. If funding of priority improve me nts cannot be assured, credit for construction of lower priority improvements may not be assured or ma y be postponed until more Program funds are a va ila ble .
ƒ Traffic studies for future developments within the Overlay Zone must also use 4-18 City of Santa Ana
City Council 18 – 417 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-1 Mitigation Monitoring Program for the Metro East Mixed Use Overlay Zone Component Implementing
Impacts MitigationMeasures MonitoringParty Party MitigationTiming trip generation rates which are specific for these projects and are approved by the City. The traffic consultant preparing traffic studies for specific projects in the Overlay Zone must use City-approved trip generation rates specific to these projects. These studies are subject to City review.

Utilities and Service Systems
Impact 4.13-4: Implementation of MM-OZ 4.13-1 The developer is required to undertake a site-specific sewer Public the Me tro East Mixe d Use Overlay evaluation, including flow monitoring and modeling, ma y be required as part of the Works/Orange Project
Applica nt
During De s ign and
Prior to
Zone could require the project design to determine the adequacy of the existing sewer pipe capacity in the County Sanitation Implementation of the proposed
project
construction of new or expanded affected project area line s . wastewater conveyance systems,
District
the construction of which would
not cause significant
environmental effects.

Impact 4.13-8: Implementation of MM-OZ 4.13-2 The project shall implement energy conservation measures (such Planning and the Overlay Zone could increase as energy-efficient lighting and micro processor controlled HVAC equipment) to Building Age ncy the demand for electricity and gas, reduce the demand for electricity and natural gas. The energy conservation but would not require or result in measures shall be subject to modification as new technologies are developed or if the construction of new energy current technology becomes obsolete through replacement.

Project
Applica nt
Prior to Issuance of
Building Permits
production
facilities, the construction of which
could cause significant
environmental impact.
or transmission
a
Metro East Mixed Use Overlay Zone (Volume III) 4-19
City Council 18 – 418 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming Aes thetics
Impact 4.1-3: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would result
in new sources of increased
daytime glare.

MM-OZ 4.1-1 Proposed new structures shall be designed to maximize the use of Planning and Project Applica nt During Project textured or other non-reflective exterior surfaces and non-reflective glass. Building Age ncy De s ign and Construction
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.1-4: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would result
in new sources of increased
nighttime light.

MM-OZ 4.1-2 All exterior lighting and advertising (including signage) shall be Planning and directed onto the specific location intended for illumination (e.g., parking lots, Building Age ncy drive wa ys , and wa lkwa ys ) and shielded away from adjacent properties and public rights-of-way to minimize light spillover onto adjacent areas.

Project Applica nt During De s ign and
Construction
MM-OZ 4.1-3 Prior to issuance of a permit, the applicant shall submit a lighting Planning and plan to the City of Santa Ana for review and approval. The plan shall specify the Building Age ncy lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects . The plan shall specifically incorporate the following design features:

Project Applica nt Prior to Issuance of
Site Development
Permit
ƒ De s ign features to s hie ld light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off-site sensitive uses. ƒ De s ign features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City’s Municipal Code.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Air Quality
Impact 4.2-5: Construction and Applicable Overlay Zone Mitigation Measures:
operation of the proposed project MM-OZ 4.2-1 Tras h receptacles within the project area will be required to have lids Planning and that enable convenient collection and loading and will be emptied on a regular Building Age ncy basis, in compliance with City of Santa Ana regulations for the collection of solid Project Applica nt During Operation
would not create objectionable
odors affecting substantial a
4-20 City of Santa Ana
City Council 18 – 419 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming number of people. waste.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.2-6: Construction Applicable Overlay Zone Mitigation Measures:
activities associated with the
proposed project would exceed
MM-OZ 4.2-2 The developer shall require by contract specifications that all diesel- Planning and Project Applica nt Prior to powered equipment used would be retrofitted with after-treatment products (e.g., Building Age ncy Construction engine catalysts and other technologies a va ila ble at the time construction commences) whe n 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.

South Coast Air Quality
Management District Standards
for VOC and NOX, and would
result in a projected a ir quality
violation. This is considered a
potentially s ignificant impact. MM-OZ 4.2-3 The developer shall require by contract specifications that all heavy- Planning and duty diesel-powered equipment operating and refueling at the project site would Building Age ncy 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 dies el) in the South Coast Air Bas in 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.

Project Applica nt Prior to
Construction
MM-OZ 4.2-4 The developer shall require by contract specifications that alternative Planning and fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, Building Age ncy and unleaded gasoline) would be utilized to the extent fe a s ible in the South Coast Air Bas in 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.

Project Applica nt Prior to
Construction
MM-OZ 4.2-5 The developer shall require by contract specifications that Planning and construction equipment engines will be maintained in good condition and in proper Building Age ncy 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 Age ncy s ta ff.

Project Applica nt Prior to
Construction
MM-OZ 4.2-6 The developer shall require by contract specifications that Planning and construction-related equipment, including heavy-duty equipment, motor vehicles, Building Age ncy and portable equipment, shall be turned off whe n not in use for more than five Project Applica nt Prior to
Construction
Metro East Mixed Use Overlay Zone (Volume III) 4-21
City Council 18 – 420 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming 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.

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

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

Project Applica nt Prior to
Construction
MM-OZ 4.2-9 The developer shall require by contract specifications that temporary Planning and traffic controls are provided, such as a fla g person, during all phases of Building construction to maintain smooth traffic flow. Contract specifications shall be Agency/Public included in the proposed project construction documents, which shall be approved Works by the City of Santa Ana Planning and Building Agency staff.

Project Applica nt Prior to
Construction
MM-OZ 4.2-10 The developer shall require by contract specifications that Planning and construction activities that a ffe ct traffic flow on the arterial system be scheduled to Building off-peak hours (10 A. M. to 4 P.M.). Contract specifications shall be included in the Agency/Public proposed project construction documents, which shall be approved by the City of Works Santa Ana Planning and Building Agency staff.

Project Applica nt 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 cons truction trucks and equipment on site and off site to the extent fe a s ible during construction activities. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa An a Planning and Building Agency staff.

Planning and
Building
Agency/Public
Works
Project Applica nt Prior to
Construction
MM-OZ 4.2-12 Upon issuance of building or grading permits, whichever is issued Planning and earliest; notification shall be ma ile d to owners and occupants of all developed land Building Age ncy 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 Project Applica nt Upon Issuance of
Building or Grading
Permits
4-22 City of Santa Ana
City Council 18 – 421 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming include the identification and contact number for a community lia is on and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with a ll 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.

MM-OZ 4.2-13 As required by South Coast Air Quality Management District Rule Planning and 403—Fugitive Dus t, all construction activities that are capable of generating Building Age ncy 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 the following:

Project Applica nt During grading,
construction and
project
Implementation
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
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
Wa te ring of exposed surfaces three times daily
Wa te ring 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
ƒ
ƒ
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 whe re vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip MM-OZ 4.2-14 The developer shall require by contract specifications that the Planning and architectural coating (paint and primer) products used would have a VOC rating of Building Age ncy 100 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa Ana Planning and Building Agency staff.

Project Applica nt Prior to
Construction
Metro East Mixed Use Overlay Zone (Volume III) 4-23
City Council 18 – 422 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming MM-OZ 4.2-15 The developer shall require by contract specifications that materials Planning and that do not require painting be used during construction to the extent feas ible. Building Age ncy Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa An a Planning and Building Agency staff.

Project Applica nt Prior to
Construction
MM-OZ 4.2-16 The developer shall require by contract specifications that pre- Planning and painted construction materials be used to the extent feas ible. Contract Building Age ncy specifications shall be included in the proposed project construction documents, which shall be re vie we d and approved by the City of Santa Ana Planning and Building Agency staff.

Project Applica nt Prior to
Construction
Project-Specific Mitigation Measures:

No additional feasible mitigation is a va ila ble .

Biological Resources
Impact 4.3-1: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would not Planning and
Building Agency /
CDFG
MM-OZ 4.3-1 To ensure that avian species of concern, protected migratory Project Applica nt Prior to and during result in a potential reduction in
nesting opportunities for resident
and migratory avian species of
special concern.

Project
Construction
species (e.g., MBTA) , or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures:

1. Whe n feas ible, all tree removal shall occur between Augus t 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage ha wks from nesting in the vicinity of an upcoming construction area. This period may be modified with the authorization of the DFG; or if it is not fe a s ible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and Augus t 30, all trees within 350 feet of any grading or earthmoving activity shall be surveyed for active raptor nests bya qualified biologist no more than 30 days prior to disturbance. If active raptor nests are found, and the site is within 350 feet of potentialconstruction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area.

The appropriate buffer shall be determined by the City in consultation with CDFG.

2. No construction vehicles shall be permitted within restricted areas (i.e., raptor 4-24 City of Santa Ana
City Council 18 – 423 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming protection zones), unless directly related to the management or protection of the legally protected species.

3. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still alive, the developer shall contact CDFG and, subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s).

4. Ifa legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after Augus t 30th, or until the adults and young of the year are no longer dependent on the nest site as determined bya qualified biologist.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Cultural Resources
Impact 4.4-1: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project has the MM-OZ 4.4-2 Due to the lack of cultural resource studies for the project site and in Planning and Project Applica nt During Construction potential to cause a substantial
adverse change in the significance
of an archaeological resource
pursuant to Section 15064.5 of the
CEQAGuidelines.
order to avoid damaging any unidentified cultural resources, a qualified Building Age ncy archaeologist should be retained to monitor any significant ground-disturbing activities in undeveloped areas within the Overlay Zone, and any deep (10’ or deeper) ground-disturbing activities in all areas of the Overlay Zone.

MM-OZ 4.4-3 In the event that archeological resources are unearthed during Planning and project subsurface activities, a ll earth-disturbing work within a 100-meter radius Building Age ncy must be temporarily suspended or redirected until an archeologist has evaluated the nature and significance of the find. Afte r the find has been appropriately mitigated, work in the area may resume.

Project Applica nt During
Construction
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.4-2: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project has the MM-OZ 4.4-4 In the event that paleontological resources are unearthed during Planning and Project Applica nt During Construction potential to directly or indirectly
destroy a unique paleontological
resource or site, or unique
geologic feature.
subsurface construction activities, all earth-disturbing work within a 100-meter Building Age ncy radius of the find must be temporarily suspended or redirected until a paleontologist has evaluated the nature and significance of the find. Afte r the find has been appropriately mitigate d, work in the area may resume.

Metro East Mixed Use Overlay Zone (Volume III) 4-25
City Council 18 – 424 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.4-3: Construction Applicable Overlay Zone Mitigation Measures:
activities under the proposed
project could result in the
disturbance of human remains
interred outside of formal
cemeteries.

MM-OZ 4.4-5 If human remains are unearthed, State He a lth and Safety Code Planning and Project Applica nt During Section 7050.5 require that no further disturbance shall occur until the County Building Construction coroner has made the necessary findings as to origin and disposition pursuant to Age ncy/NAHC Public Resources Code Section 5097.98. If the remains are determined to be of Native Ame rica n descent, the coroner has 24 hours to notify the Native Ame rica n Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native Ame rica n, who will then serve as consultant on how to proceed with the remains.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Geology and Soils
Impact 4.5-1: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project could expose MM-OZ 4.5-1 A site-specific geotechnical study shall be conducted under the Planning and Project Applica nt Prior to Issuance of Grading people and/or structures to
potentially substantial adverse
effects resulting from strong
s eis mic groundshaking.
direct supervision of a California Registered Engineering Geologist or licensed Building Age ncy geotechnical engineer to assess detailed s eis mic, geological, soil, and groundwater conditions and develop recommendations to prevent or abate any identified hazards. The report shall specify foundation recommendations to ensure issues associated with underlying soils are addressed. Construction of the project shall comply with a ll recommendations in the geotechnical report. The study shall follow applicable recommendations of C DMG Special Publication 117 whe re applicable and shall include, but not necessarily be limited to the following:

Permit/During
Project De s ign
ƒ Determination of the locations of any suspected fault traces and anticipated ground acceleration at the building site
ƒ Potential for displacement caused by seismically induced shaking, liquefaction, differential soil settlement, expansive and compressible s oils , or other earth movements or soil constraints
ƒ Evaluation of depth to groundwater
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.
4-26 City of Santa Ana
City Council 18 – 425 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming Impact 4.5-5: The proposed Applicable Overlay Zone Mitigation Measures:
development could be located on
expansive soil.

MM-OZ 4.5-2 The developer shall conduct expansion index tests in accordance Planning and with UBC Standard 18-2 prior to project construction. The design of structural Building Age ncy elements shall include recommendations set forth by the expansion index tests.

Project Applica nt Prior to Project
Construction
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Hazards and Hazardous Materials
Impact 4.6-2: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would not MM-OZ 4.6-1 A health risk assessment (HRA) for diesel exhaust shall be Planning and prepared. Recommendations contained within the HRA shall be implemented in Building Age ncy project design.

Project Applica nt Prior to Issuance of
Permits/During result in the exposure of future
residents to diesel exhaust
emis s ions , which could pose a
significant hazard.

Project De s ign
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.6-3: Construction and Applicable Overlay Zone Mitigation Measures:
operation of the proposed project MM-OZ 4.6-3 In the event that previously unknown or unidentified soil and/or Planning and Project Applica nt During Construction could expose construction workers
or the public to significant health
and safety hazards through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials
into the environment.
groundwater contamination that could present a threat to human health or the Building Age ncy environment is encountered during construction of the proposed project, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Ris k Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, postdevelopment maintenance or access limitations, or some combination thereof.

Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., City of Santa Ana Fire Department). If needed, a Site He a lth and Safety Plan that meets Occupational Safety and He a lth Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Metro East Mixed Use Overlay Zone (Volume III) 4-27
City Council 18 – 426 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming Impact 4.6-5: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project could result MM-OZ 4.6-4 The applicant shall file a Notice of Proposed Construction or Planning and Project Applica nt Project to be re vie we d by ALUC in a safety hazard for people
residing or working in the project
area.

Alte ra tion with the F AA (FAA Form 7460-1). Following the FAA’s Ae rona utica l Building Age ncy Study of the project, the project must comply with conditions of approval imposed / F AA/ ALUC or recommended by the F AA. Subsequent to the FAA findings , the City shall refer the project to the Airport La nd Use Commission (ALUC) for Orange County for consistency analysis.
between Planning
Commission and
City Council
meetings to
discuss project and
EIR.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.6-6: Construction of the Applicable Overlay Zone Mitigation Measures:
proposed project could interfere MM-OZ 4.6-5 Prior to initiation of construction activities, the project shall have a Public Works Project Applica nt Prior to/During with an adopted emergency Construction
response plan or emergency
evacuation plan.
completed traffic control plan, prepared by the developer, which will be implemented during construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roa dwa ys . At any time only a single lane is a va ila ble , the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes.

MM-OZ 4.6-6 The City Planning Division shall consult with the Santa Ana Police Planning and Department and the Santa An a Fire Department to disclose temporary closures Building and alternative travel routes in order to ensure adequate access for emergency Agency/Police vehicles whe n construction of future projects would result in temporary land or Dept./Fire De pt. roadway closures.

Planning and
Building Age ncy
Prior to/During
Construction
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Hydrology and Water Quality
Impact 4.7-1: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would not
violate water quality standards,
waste discharge, or otherwise
MM-OZ 4.7-1 In order to comply with the 2003 DAMP , a Storm Dra in Plan, a Public Works Project Applica nt Prior to issuance of Stormwater Pollution Prevention Plan (SWPPP), and a Water Quality Management permits Plan (WQMP ) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a Licens ed Civil Engineer or substantially degrade water 4-28 City of Santa Ana
City Council 18 – 427 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming quality. Environmental Engineer, shall be submitted to the Department of Public Works for review and approval.
(a) A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development.

The plan shall incorporate all necessary Best Management Practices (BMPs ) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows , and for nuisance flows during construction.
(b) A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NP DES program. The plan shall incorporate water quality measures for all improved phases of the project. (c) Location of the BMP s shall not be within the public right-of-way.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.7-4: Development of the Applicable Overlay Zone Mitigation Meas ures from:
proposed project could alter the MM-OZ 4.7-2 Prior to issuance of grading permits, the project applicant shall Public Works Project Applica nt Prior to Issuance of Grading Permits existing drainage pattern and
potentially result in increased
downstream flooding through the
addition of impervious surfaces, or
exceeding the capacity of existing
or planned stormwater drainage
systems.
submit a Hydrology and Hydraulic Study to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose fe a s ible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post-construction runoff does not exceed pre-development quantities.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Nois e
Impact 4.9-1 Construction Applicable Overlay Zone Mitigation Measures:
activities associated with the
proposed project would generate
noise le ve ls that exceed the noise
Planning and
Building Age ncy
Project Applica nt During
Construction
MM-OZ 4.9-1 Construction activities shall be limited to the following general restrictions:

Metro East Mixed Use Overlay Zone (Volume III) 4-29
City Council 18 – 428 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming standards established by the City
of Santa An a Nois e Regulations.
ƒ All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code.

MM-OZ 4.9-2 The project applicant shall require by contract specifications that the Planning and following construction best management practices (BMPs ) be implemented by Building Age ncy contractors to reduce construction noise leve ls :

Project Applica nt Prior to Issuance of
Grading Permit
ƒ Two weeks prior to the commencement of construction, notification must be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. ƒ
ƒ
ƒ
ƒ
Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.

Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, whe re feas ible.

Schedule high noise-producing activities between the hours of 8:00 A.M. and 5:00 P.M. to minimize disruption on sensitive uses.

Implement noise attenuation measures to the extent feas ible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationaryconstruction noise sources.
ƒ
ƒ
Use electric air compressors and s imila r powe r tools rather than diesel equipment, whe re feas ible.

Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off whe n not in use for more than 30 minutes.
ƒ Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
ƒ Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance of a grading permit.

MM-OZ 4.9-3 The project applicant shall require by contract specifications that Planning and construction staging areas along with the operation of earthmoving equipment Building Age ncy within the project area would be located as far away from vibration and noise Project Applica nt Prior to Issuance of
Grading Permit
4-30 City of Santa Ana
City Council 18 – 429 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance of a grading permit.

MM-OZ 4.9-4 The project applicant shall require by contract specifications that Planning and heavily loaded trucks used during construction would be routed away from Building Age ncy residential streets to the extent feas ible. Contract specifications shall be included in the proposed project construction documents, which shall be re vie we d by the City prior to issuance ofa grading permit.

Project Applica nt Prior to Issuance of
Grading Permit
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Impact 4.9-2: Operation of the Applicable Overlay Zone Mitigation Measures:
proposed project would not MM-OZ 4.9-5 Whe re future residential uses would be construction in areas Planning and Project Applica nt Prior to Issuance of Building Permits expose residents on site to noise
le ve ls that exceed the standards
established by the City of Santa
Ana .
exposed to noise le ve ls greater than 60 dBA CNEL, prior to issuance of building Building Age ncy permits, building plans shall reflect the construction of noise barriers around patios and balconies. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous, without gaps or gates. The height of the barriers shall be sufficient to reduce the exterior noise le ve ls to a CNEL of 65 dBA or less, and shall be determined by a qualified acousticalconsultant as part of the final engineering design of the project.

MM-OZ 4.9-6 Prior to issuance of building permits, building plans shall specify the Planning and S TC rating of windows and doors for a ll residential land uses. Window and door Building Age ncy ratings shall be sufficient to reduce the interior noise leve l to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project.

Project Applica nt Prior to Issuance of
Building Permits
MM-OZ 4.9-7 The developer shall provide proper shielding for all new HVAC Planning and s ys tems used by the proposed residential and mixed use buildings to achieve an Building Age ncy attenuation of 15 dBA at 50 feet from the equipment.

Project Applica nt During Project
De s ign and
Construction
Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Metro East Mixed Use Overlay Zone (Volume III) 4-31
City Council 18 – 430 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming Public Services
Impact 4.11-3: Operation of the Applicable Overlay Zone Mitigation Measures:
proposed project would require
new or physically altered facilities
to accommodate additional
MM-OZ 4.11-1 Individual project developers shall pay school impact fees prior to Planning and Project Applica nt Prior to Issuance of the issuance of occupancy permits. Building Age ncy Occupancy Permits students in Tustin Unified School
District (TUSD) schools. Project-Specific Mitigation Meas ures No a dditiona l mitiga tion is required.

Transportation/Traffic
Impact 4.12-1: Implementation of Applicable Overlay Zone Mitigation Measures:
the proposed project would cause MM-OZ 4.12-2 Future development within the proposed Overlay Zone shall Public Works prepare separate traffic studies, specific to the individual projects that are proposed. The traffic studies for future projects shall be prepared by a qualified traffic engineer of the City’s choosing. Further, and as determined by the traffic studies, the above identified improvement measures shall be implemented as a condition of the proposed development, either through the direct construction of improvements by the project applicant or through payment ofa fee, as required by the program detailed in MM-OZ 4.12-4.

Project Applica nt Prior to Issuance of
Building Permits an increase in traffic which is
substantial in relation to the
existing traffic load and capacity of
the street system.

MM-OZ 4.12-4 The City of Santa Ana shall institute a program for systematic Planning and mitigation of impacts as development proceeds within the Overlay Zone to ensure Building mitigation of the individual improvements. The program shall prescribe the method Agency/Public of participation in the mitigation program by individual projects and guide the timely Works implementation of the mitigation measures. The program should include the following elements:

Planning and
Building
Agency/Public
Works
During
Implementation of
Project
ƒ A funding and improvement program should be established to identify financial resources adequate to construct all identified mitigation measures in a timely basis.
ƒ The program should allow for acquisition of entire properties including business relocation whe re necessary to construct mitigation measures. Funds derived from sale of surplus acquired properties should be returned to the program.
ƒ All properties that redevelop within the Overlay Zone should participate in the program on a fa ir share per new development trip basis. The fa ir share should be based upon the total cost of all identified mitigation measures, divided by the 4-32 City of Santa Ana
City Council 18 – 431 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming peak hour trip generation increase forecast. This rate per peak hour trip should be imposed upon the incremental traffic growth for any new development within the Overlay Zone.
ƒ The program should include resources to conduct preliminary engineering studies to complete alignment studies and project specific environmental clearances for Tustin Ave nue at 17th Street and at 4th Street. ƒ
ƒ
The program should raise funds from full development of the Overlay Zone to fund all identified mitigation measures.

The program should monitor phasing development of the Overlay Zone and defer or eliminate improvements if the densities permitted in the Overlay Zone are not occurring.
ƒ Program phasing should be monitored through preparation of specific project traffic impact studies for any project that is expected to include more than 100 dwelling units or 100,000 square feet of non-residential development. Traffic impact studies should use traffic generation rates that are deemed to be most appropriate for the actual development proposed.
ƒ
ƒ
The program should initiate project development to assure timely completion of the improvements identified to be needed for the First and Cabrillo Towe rs project by 2010 or as soon after as practically feasible.

Properties within Santa An a and within one-half mile of the Overlay Zone that redevelop to result in higher traffic generation should also participate in the program to insure equity.
ƒ
ƒ
The program should provide for full construction of projects outside of Santa Ana , if the Overlay Zone will create a traffic impact based upon the CMP .

The program should provide fa ir share contribution to construction costs of other improvements outside of the Overlay Zone if they are identified in this traffic study but they are not impacted as defined by the CMP . ƒ The fa ir share contribution would presume participation by other developments outside of the City of Santa Ana (generally within the City of Tustin) in proportion to traffic growth at the affected sites.
ƒ
ƒ
Traffic impact studies for future projects shall be prepared by a qualified traffic engineer approved or retained by the City.

The City may elect to implement appropriate mitigation measures as a condition of approval of the proposed developments, whe re appropriate. All or part of the costs of these improvements may be considered to be a negotiated Metro East Mixed Use Overlay Zone (Volume III) 4-33
City Council 18 – 432 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming credit toward the program, howe ve r the Program must be administered in a manner that assures that it can fund necessary improvements to maintain adequate level of service at all intersections within this study. If funding of priority improve me nts cannot be assured, credit for construction of lower priority improvements may not be assured or ma y be postponed until more Program funds are a va ila ble .
ƒ Traffic studies for future developments within the Overlay Zone must also use trip generation rates which are specific for these projects and are approved by the City. The traffic consultant preparing traffic studies for specific projects in the Overlay Zone must use City-approved trip generation rates specific to these projects. These studies are subject to City review.

Project-Specific Mitigation Measures:

MM 4.12-1 The project applicant shall make a fa ir share contribution for the Public Works construction of an eastbound right turn lane (approximately 300 feet in length) at the intersection of Fourth Street at SR-55 Southbound Ramps prior to the issuance of grading permits.

Project Applica nt Prior to Issuance of
the first Certificate
of Occupancy
MM 4.12-2 The project applicant shall make a fa ir share contribution for the construction ofa raised median or other means such as diverter islands to prevent eastbound and westbound le ft turns and through movements at the intersection of Sixth Street at Tustin Ave nue prior to the issuance of grading permits.

Public Works Project Applica nt Prior to Issuance of
the first Certificate
of Occupancy
Impact 4.12-8: The proposed Applicable Overlay Zone Mitigation Measures:
project would not conflict with MM-OZ 4.12-1 As part of the project, the City of Santa Ana and the project Public Works sponsors shall work with the transit providers to implement various transit-related measures to improve and expand bus system service within the Overlay Zone.

These measures may include, but are not limited to, the following:

Public Works During
Implementation of
the Project
adopted policies, plans, or
programs supporting alternative
transportation.
ƒ
ƒ
ƒ
ƒ
Adding bus stops to the Overlay Zone along existing and proposed roadways Changing bus service headways to respond to increased demand Changing bus service destinations to respond to changing demand Adding local shuttle service for employees and patrons of the Overlay Zone The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project-related trips:
ƒ Bus Stop Locations—Re loca tion of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations.
4-34 City of Santa Ana
City Council 18 – 433 10/3/2023
Chapter 4 Mitigation Monitoring and Reporting Program
Table 4-2 Mitigation Monitoring Program for the First and Cabrillo Towers Project Impacts MitigationMeasures MonitoringParty ImplementingParty MitigationTiming ƒ Da ys of Operation—Th e City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees.

Headway—Th e City should work with OCTA to review route headways to determine if it would be appropriate to reduce them to accommodate transit riders within the Overlay Zone.

Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required
Utilities and Service Systems
Impact 4.13-4: Implementation of Applicable Overlay Zone Mitigation Measures:
the Me tro East Mixe d use Overlay No mitigation is required Public Works Project Applica nt Prior to issuance of Zone Building Permits could require the
construction of new or expanded
wastewater conveyance systems, Project-Specific Mitigation Measures:
the construction of which would MM 4.13-4 A6-inch building lateral shall be installed on-site for the purposes of not cause significant conveying wastewater flows from the proposed project to the existing OCSD environmental effects. conveyance system.

Impact 4.13-8: Implementation of Applicable Overlay Zone Mitigation Measures:
the First and Cabrillo Towe r could Planning and
Building Age ncy
Project Applica nt Prior to Issuance of
Building Permits
MM-OZ 4.13-2 The project shall implement energy conservation measures (such increase the demand for
electricity, but would not require or
result in the construction of new
energy production or transmission
facilities, the construction of which
as energy-efficient lighting and micro processor controlled HVAC equipment) to reduce the demand for electricity and natural gas. The energy conservation measures shall be subject to modification as new technologies are developed or if current technology becomes obsolete through replacement. could cause
environmental impact.
a significant Project-Specific Mitigation Measures:

No a dditiona l mitiga tion is required.

Metro East Mixed Use Overlay Zone (Volume III) 4-35
City Council 18 – 434 10/3/2023

TECHNICAL MEMORANDUM

1. INTRODUCTION
Project Title: Cabrillo Town Center
Project Location: 1901, 1971 E. 4th Street and 515, 525 N. Cabrillo Park Drive Santa Ana, CA 92705
Lead Agency:

Applicant:

City of Santa Ana Planning Division
20 Civic Center Plaza
Santa Ana, CA 92701
Fairfield
5355 Mira Sorrento Place, Suite 100
San Diego, CA 92121
Prepared By: CAJA Environmental Services, LLC
9410 Topanga Canyon Boulevard, Suite 101
Chatsworth, CA 91311
The purposes of this Technical Memorandum are to assess the consistency of the Project’s proposed development plan with the development assumptions for the Project Site in the environmental impact report (EIR) that was prepared in 2006 and certified by the City of Santa Ana (the “City”) in 2007 for City of Santa Ana Metro East Mixed Use (MEMU) Overlay Zone (the “Overlay Zone”), which is hereinafter referred to as the “Certified EIR.” This Technical Memorandum assesses whether the environmental impacts of the Project fall within the extent of the environmental impacts disclosed in the Certified EIR or whether the Project would result in new or increase significant impacts beyond those disclosed in the Certified EIR in accordance with CEQA Guidelines Section 15168(c), which sets forth criteria to use a program EIR for “later activities” within the scope of a program EIR.

According to CEQA Guidelines Section 15168(c)(2), “[w]hether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR.” As discussed in detail below, the impacts of the Project fall within the scope of the impacts disclosed in the Certified EIR. For these reasons, no additional CEQA review is required for the Project.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 1 18 – 435 10/3/2023

1.1 Overlay Zone
The description of the Overlay Zone below is from Chapter 3 (Project Description) of the Certified EIR.

The Overlay Zone included the following primary elements:
•
•
•
A potential increase in City population of 11,102 residents.

A potential increase in the number of available residences within City limits by 5,551 units.

The potential development of 1,275,440 gross square feet of commercial (retail and service) space, as well as 3,410,507 gross square feet of office space. This corresponds to a potential net increase of approximately 963,000 square feet of commercial space and 690,000 square feet of office space beyond existing conditions.

The Certified EIR notes that the above development scenario is in accordance with the intended mix of uses as envisioned by the City, in accordance with the Overlay Zone requirements and restrictions explained therein. The project description for the Metro East Mixed Use Overlay Zone EIR provides detailed information regarding (1) development standards by district within the Overlay Zone, (2) residential development and City population, and (3) parking and circulation.

The Overlay Zone allows for mixed-use development with an emphasis on residential, commercial, and office uses.

Development Standards by District within the Overlay Zone The Overlay Zone allows development to occur per the following district designations:
•
•
•
•
Neighborhood Transitional
Village Center
Active Urban
Office
Neighborhood Transitional
The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent highintensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in the Overlay Zone, development in this district is limited to residential, live/work, or office uses.

These uses may combine office on the ground floor with residential above or in freestanding single-use buildings on the same site at between two and three (2–3) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single-family residential area to the north.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 2 18 – 436 10/3/2023
Active Urban
The Active Urban District is intended as the location for well-designed high-rise mixed-use developments in a highly urbanized environment that capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana Freeway (Interstate 5) and Costa Mesa (State Route 55), and two major arterials (First and Fourth Streets and Tustin Avenue), as well as its proximity of the Santa Ana Depot. Development in this District is envisioned to reflect signature architecture that reinforces the identity and character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential uses within one vertical mixed use-building with commercial on the ground floor and office or residential on the upper floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity-enhanced environment that provides numerous open space opportunities within this urban environment for the enjoyment of residents, employees, and visitors, and to promote pedestrian connections between this District and the Village Center as well as Cabrillo Park located north of the Overlay Zone.

Village Center
The Village Center District is intended to serve as the focal point and central gathering place within the Overlay Zone in well-designed highly connected development sites and public spaces.

The District will provide a high level of neighborhood identity and activity through its central location and its emphasis on creating a vibrant, attractive, and highly-interconnected pedestrian environment. Opportunities will be provided for shopping, dining, recreation, entertainment, and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and commercial services, or opportunities for leisure walking within the Village Center.

This District will provide commercial, office, and residential uses in the same building or on the same site in mid-rise buildings of between four and ten (4–10) stories in settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the District.

Office
The Office District contains existing low- to high-rise office development along Tustin Avenue and adjacent to Interstate Freeway. These properties were in place prior to the establishment of the Overlay Zone and will retain their exclusive office zoning in order to promote and maintain a healthy balance between office, commercial, and residential land uses within the Overlay Zone.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 3 18 – 437 10/3/2023
Parking and Circulation
Under the Overlay Zone, several improvements/modifications to the existing roadway network may occur. These improvements are designed to enhance the existing circulation of vehicular and pedestrian traffic in the area. The location of the Overlay Zone between Interstate 5 and State Route 55 necessitates the provision of an adequate street network to handle the increased traffic volumes that would occur under this project. Three additional street segments may potentially be constructed during the implementation of the Overlay Zone in conjunction with re-use of the properties under a private development scenario. The first would involve the connection of Sixth Street to Park Court Place from Parkcenter Drive westward to Cabrillo Park Drive. The second segment would extend Golden Circle Drive northward to connect with the proposed extension of Sixth Street. The third and final segment would extend Parkcenter Drive at Fourth Street southward to First Street. In addition, an alleyway with pedestrian improvements may be constructed from Cabrillo Park Drive to the proposed extension of Parkcenter Drive, between First and Fourth Streets.

Additional Amenities
In addition to the street network improvements, the City is proposing the installation of numerous additional street trees and pedestrian-scale streetlights. Additional streetlights would be restricted to the proposed street segments. Additional street trees would be provided along all roadway segments (proposed and existing) within the Overlay Zone to enhance the residential/aesthetic character of the area.

Residential Development and City Population
the Overlay Zone is dominated by office and commercial facilities. Under the Overlay Zone, residential uses would be introduced into an area that is devoid of any residential structures. In total, up to 5,551 residential units would be constructed should the overlay zone reach full buildout.

A household size ratio in the range of 1.8 persons per household (pph) is consistent with the sales/rental experience of downtown-oriented mixed-use development in other similar cities (e.g., Pasadena, Burbank, Long Beach). Sales, rental, and marketing experience of downtown developers in other cities with higher density mixed-use development projects comparable to that expected in the Overlay Zone suggest that residents of these areas are predominantly singles, young couples, and empty-nesters, but rarely families with children. The experience of comparable developments suggests that the average medium-high density mixed-use residential unit is occupied by one or two individuals. As such, for the purposes of the analysis in this EIR, a conservative household size estimate of 2.0 pph is considered an appropriate and accurate prediction of the future demographics of the Overlay Zone. Buildout of the Overlay Zone would result in a potential population increase of 11,102 residents.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 4 18 – 438 10/3/2023
In addition, implementation of the Overlay Zone would include improvement/widening of existing sidewalks and certain existing roadways within the Overlay Zone.

General Plan Amendment
The General Plan was amended concurrently with the adoption of the Overlay Zone to include a new land use designation, Metro East Mixed Use (MEMU), which replaced the existing Professional and Administrative Office PAO) designation. The General Plan Amendment accomplished two primary objectives of the Overlay Zone: (1) to allow residential uses in order to facilitate mixed-use development, and (2) to increase the development intensity permitted within the Overlay Zone. These changes achieved the active, highly-amenitized urban village environment envisioned within the Overlay Zone. Specifically, the Land Use Element Policy Plan, which includes the Land Use Map and Development Intensity Standards, was amended to include the MEMU designation. In addition, text was added to the Land Use Implementation Section of the Land Use Element to discuss the general provisions of the MEMU designation including its purpose and objectives as well as the land uses envisioned within each of the four districts of the Overlay Zone: Neighborhood Transitional, Village Center, Active Urban, and Office.

The General Plan Amendment changed the land use designation of properties within the Overlay Zone. However, uses specified under the PAO designation are included in the MEMU designation in addition to a variety of additional non-residential uses, including, but not limited to uses such as hotels, health clubs, studios, and art galleries. The MEMU designation permits these land uses subject to a development proposal’s compliance with required provisions specified in the Overlay Zone.

Proposed Zoning
The Zoning Code and Zoning Map for the Overlay Zone was amended concurrently with the adoption of the Overlay Zone to include a mixed-use overlay zone to be offered in addition to the existing zoning for that area. Any issue not specifically covered in the Overlay Zone is subject to the provisions of the underlying zoning district specified in Chapter 41 of the Santa Ana Municipal Code. Interpretations may be made by the applicable review authority if not specifically covered in the City’s existing regulations. As proposed, property owners will have the option to develop to the provisions of the Overlay Zone at their discretion. They may also choose to develop to the existing underlying zone.

BUILDOUT OF THE OVERLAY ZONE
The City envisions the potential buildout of a mixed-use community within the Overlay Zone by 2030. The City anticipates that buildout of the Overlay Zone would occur at a rate of approximately 5 percent per year.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 5 18 – 439 10/3/2023

1.2 PROJECT DESCRIPTION

1.2.1 Project Location
The 8.97-acre (390,657-square-foot) Project Site is located in the City at 1901, 1971 E. 4th Street and 515, 525 N. Cabrillo Park Drive. The Project Site location is shown in Figures 1 and 2. The Project Site is bounded by Cabrillo Park on the north, 4th Street on the south, commercial development on the east, and Cabrillo Park Drive on the west. Regional access to the Project Site is provided by Interstate 5 located approximately 750 feet west of the Project Site.

1.2.2 Existing Conditions
The Project Site is zoned P-Professional and is identified with a “Village Center District” designation in the Metro East Mixed Use (MEMU) Overlay Zone (the “Overlay Zone”). The land use designation for the Project Site is GP-DC-3, 3.0. The Project Site is currently developed with four three-story office buildings with a total floor area of 173,025 square feet of floor area and approximately 617 surface parking spaces.

1.2.3 Surrounding Land Uses
The Project Site is located in an urbanized area of the City. The greater Project Site area is largely developed with a mix of commercial and residential development.

1.3 DESCRIPTION OF THE PROJECT

1.3.1 Project Overview
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space. Project plans are shown in Figures 3 through

31. The Project Site would be separated into two distinct areas by a roadway (Parkcourt Place), which would traverse the site east/west. The southern portion of the Project Site (Parcel 1) would be developed with a five-story mixed-use building arranged around an internal parking structure and one subterranean level that includes residential storage. This building would include 449 apartment units and 26,800 square feet of ground-floor commercial uses, which could include retail, office, and shopkeeper uses. The northern portion of the Project Site (Parcel 2) would be developed with 58 townhomes in eight, three-story (37 feet and 1 inch in height) buildings arranged around a central open space area. Each townhome would include two, three, or four bedrooms, a parking garage, and private outdoor space.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 6 18 – 440 10/3/2023
0 80 160
Scale (Feet)
Figure 3
Overall Site Plan
Source: AO Architects, 2023. City Council 18 – 441 10/3/2023 0 100 200
Scale (Feet)
Figure 4
Open Space Plan Parcel 1
Source: AO Architects, 2023. City Council 18 – 442 10/3/2023 0 40 80
Scale (Feet)
Figure 5
Open Space Plan Parcel 2
Source: Schematic Design, 2023. City Council 18 – 443 10/3/2023 Figure 6
Townhome Perspective 1
Source: Schematic Design, 2023. City Council 18 – 444 10/3/2023 Figure 7
Townhome Perspective 2
Source: Schematic Design, 2023. City Council 18 – 445 10/3/2023 Figure 8
Townhome Perspective 3
Source: Schematic Design, 2023. City Council 18 – 446 10/3/2023 0 30 60
Scale (Feet)
Figure 9
Building Plan - Sub-T Floor
Source: AO Architects, 2023. City Council 18 – 447 10/3/2023 0 30 60
Scale (Feet)
Figure 10
Building Plans - First Floor
Source: AO Architects, 2023. City Council 18 – 448 10/3/2023 0 30 60
Scale (Feet)
Figure 11
Building Plans - Second Floor
Source: AO Architects, 2023. City Council 18 – 449 10/3/2023 0 30 60
Scale (Feet)
Figure 12
Building Plans - Third and Fifth Floors
Source: AO Architects, 2023. City Council 18 – 450 10/3/2023 0 30 60
Scale (Feet)
Figure 13
Building Plans - Sixth Floor
Source: AO Architects, 2023. City Council 18 – 451 10/3/2023 0 30 60
Scale (Feet)
Figure 14
Building Plans - Seventh Floor
Source: AO Architects, 2023. City Council 18 – 452 10/3/2023 Figure 15
Elevations - South, West and Southwest
Source: AO Architects, 2023. City Council 18 – 453 10/3/2023 Figure 16
Elevations - North, East and Northeast
Source: AO Architects, 2023. City Council 18 – 454 10/3/2023 Figure 17
Perspectives - Apartments
Source: AO Architects, 2023. City Council 18 – 455 10/3/2023 Figure 18
Perspectives - Apartments + Townhomes
Source: AO Architects, 2023. City Council 18 – 456 10/3/2023 Figure 19
Perspectives - Apartments + Townhomes
Source: AO Architects, 2023. City Council 18 – 457 10/3/2023 Figure 20
Materials and Color Board - Apartments
Source: AO Architects, 2023. City Council 18 – 458 10/3/2023 0 50 100
Scale (Feet)
Figure 21
Conceptual Landscape Plan
Source: MJS Landscape Architecture, 2023. City Council 18 – 459 10/3/2023 0 50 100
Scale (Feet)
Figure 22
Conceptual Landscape Plan - Apartments
Source: MJS Landscape Architecture, 2023. City Council 18 – 460 10/3/2023 0 50 100
Scale (Feet)
Figure 23
Conceptual Landscape Plan - Townhomes
Source: MJS Landscape Architecture, 2023. City Council 18 – 461 10/3/2023 0 50 100
Scale (Feet)
Figure 24
Town Center Plaza
Source: MJS Landscape Architecture, 2023. City Council 18 – 462 10/3/2023 0 50 100
Scale (Feet)
Figure 25
Shopkeepers Plaza
Source: MJS Landscape Architecture, 2023. City Council 18 – 463 10/3/2023 0 50 100
Scale (Feet)
Figure 26
“The Backyards” Plans
Source: MJS Landscape Architecture, 2023. City Council 18 – 464 10/3/2023 0 50 100
Scale (Feet)
Figure 27
Entertainment Courtyard Plan
Source: MJS Landscape Architecture, 2023. City Council 18 – 465 10/3/2023 0 50 100
Scale (Feet)
Figure 28
Apartment Pool Courtyard Plan
Source: MJS Landscape Architecture, 2023. City Council 18 – 466 10/3/2023 Figure 29
6th Level Rooftop Entertainment Terrace
Source: MJS Landscape Architecture, 2023. City Council 18 – 467 10/3/2023 Figure 30
Townhome Pool Courtyard
Source: MJS Landscape Architecture, 2023. City Council 18 – 468 10/3/2023 Figure 31
Landscape Imagery
Source: MJS Landscape Architecture, 2023. City Council 18 – 469 10/3/2023 2 39

LOS ANGELES
COUNTY

SAN BERNARDINO
COUNTY
Monrovia
210 Azusa
Rancho
210 Cucamonga
Pasadena Arcadia 66 San Dimas
Baldwin Park
West Covina
60 10 Pomona Ontario
Monterey Pk
Montebello
Walnut 60
City of
Industry
Chino
Diamond Bar
605 83
Whittier 15 LOS ANGELES
COUNTY
Brea
Chino
Hills Santa Fe
Springs Downey
90 Yorba Corona
5 Fullerton Linda
91 Bellflower 91
Lakewood
57 Cerritos RIVERSIDE
Villa Park COUNTY 241
Anaheim
39 55
Orange PROJECT
LOCATION Los Alamitos
Long
Beach
22 Tustin 261
Santa Ana
55 Huntington 5
Beach
ORANGE
COUNTY
Pacific
Ocean
133 405 Irvine 241
Costa Mesa
0 5 10
Miles
0 500 1000
Scale (Feet)
Legend
Figure 1
Regional Location Map Project Site
Source: Google Maps 2023. City Council 18 – 470 10/3/2023

PARKCOURT PL
4THST
0 50 100
Scale (Feet)
Legend
Figure 2
Aerial Photo of the Project Site Project Site
Source: Google Maps 2023. City Council 18 – 471 10/3/2023 A breakdown in the types of residential units is provided in Table 1.

Table 1
Residential Unit Breakdown
Unit Type Number
Parcel 1
Studio
1 Bedroom
2 Bedroom
Shopkeeper
23 262
145
19 Subtotal
Total
449
507
Source: AO Architects, March 16, 2023.

1.3.2 Open Space
The open space requirements for the Project are outlined in Table 2. As shown, the Project would be required to provide a minimum of 50,990 square feet of private/common open space and 39,066 square feet of publicly accessible open space. The Project’s open space components are shown in Tables 3, 4, and 5, and the Project’s compliance with all open space requirements is shown in Table 6. As shown, the Project would provide a total of 33,572 square feet of private open space and 76,187 square feet of common open space (a total of 109,759 square feet), exceeding the amount required by 58,769 square feet. The Project would also provide 47,810, exceeding the amount of required by 8,744 square feet.

Table 2
Open Space Requirements
Site Area: Use Category Project Standard Required
sf
Private & Common Open Space
Parcel 1: Apartments & Shopkeeper
Parcel 1: Commercial
449 units
26,800 sf
90 sf/unit
10% of total
Commercial Area
90 sf/unit
40,410
1,340
Parcel 2: Townhomes 58 units 5,200
Total 50,990
Publicly Accessible Open Space
Parcels 1
Parcel 2
119,278 sf
271,379 sf
10% of Lot Area
10% of Lot Area
Total
27,138
11,928
39,066
sf = square feet
Source: AO Architects, March 16, 2023.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 38 18 – 472 10/3/2023
Table 3
Private Open Space Provided
Unit Type Unit Deck Area Number of units Total Area
(sf) (sf)
Parcel 1
S1
A1
A2
A3
A4
A5
A6
B1
0 23
9 0
54 486
58 53
55 54
58 53
58 61
0 115
63 33
35 7
13 96
36 1
2 1
1 14
6,670
3,339
1,815
1,890
406
689
B3
B6
5,568
2,196
0 116
58 SK1
SK2
SK3
SK4
SK5
58 58
61 61
61 854
Subtotal 24,148
Parcel 2
Plan 1
Plan 2
Plan 3
Plan 4
Plan 5
158
141
109
208
162
6 6
948
846
14 20
12 Subtotal
Total
1,526
4,160
1,944
9,424
33,572
sf = square feet
Source: AO Architects, March 16, 2023.

Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
City Council 39 18 – 473 10/3/2023
Table 4
Common Open Space Provided
Area Type Total Area
(sf)
Parcel 1
Courtyard A – Apartment Pool
Courtyard B – Entertainment
Courtyard C – The “Backyards”
Courtyard D – The “Backyards”
Roof Terrace
Fitness
Lounge
Clubroom
11,851
6,311
4,994
5,642
9,500
2,410
1,656
1,655
Subtotal 44,019
Parcel 2
Townhome pool Courtyard
Pool Amenity Building
8,934
580
Subtotal 9,514
Total 76,187
sf = square feet
Source: AO Architects, March 16, 2023.

Table 5
Publicity Accessible Open Space
Area Type Total Area Required
(sf)
Town Center Plaza
Shopkeeper Plaza
Co-Work+Shopkeeper Along Cabrillo Park Drive
Parkcourt Place
Paseo
15,927
4,253
3,756
14,091
9,783
Total 47,810
sf =square feet
Source: AO Architects, March 16, 2023.

Cabrillo Town Center
Technical Memorandum
40 City of Santa Ana
August 2023
City Council 18 – 474 10/3/2023
Table 6
Total Open Space
Total Area
Required
(sf)
Type Total Area Provided
(sf)
Private & Common Open Space 50,990 109,759
(58,769 more than required)
Publicly Accessible Open Space 39,066 47,810
(8,744 more than required)
sf = square feet
Source: AO Architects, March 16, 2023.

1.3.3 Parking
The Project’s parking requirements are shown in Table 7. As shown in Table 8, the Project would provide a total of 1,014 vehicle spaces, which would include 116 spaces in Parcel 1 and 898 spaces (including 898 residential spaces and 90 nonresidential spaces) in Parcel 2. The Project would also provide 23 on-street parallel parking spaces along the new roadway (Parkcourt Place) separating Parcels 1 and 2.

Table 7
Parking Requirements
Unit Type
Studios
1 bedroom
2 bedroom
Shopkeeper
Number of Units Ratio Per Unit Required Spaces
Parcel 1
23 262
145
19 2.0

2.0 2.0

2.0 46
524
290
38 Subtotal 898
Parcel 2
2 bedroom
3 bedroom
4 bedroom
12 34
12 2.0

2.0 2.0
24 68
24 Subtotal 116
Total 1,014
Source: AO Architects, March 16, 2023.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 41 18 – 475 10/3/2023
Table 8
Parking Provided
Unit Type
Studios
1 bedroom
2 bedroom
Shopkeeper
Number of Units Ratio Per Unit Required Spaces
Parcel 1
23 262
145
19 2.0

2.0 2.0

2.0 46
524
290
38 Subtotal 898
Parcel 2
2 bedroom
3 bedroom
4 bedroom
12 34
12 2.2

2.2 2.2
26 75
26 Subtotal 127
Total 1,025
Source: AO Architects, March 16, 2023.

1.3.6 Estimated Construction Schedule
The Project’s construction phase would occur over an estimated 36-month period. The estimated construction schedule is shown in Table 9.

Table 9
Construction Schedule Assumptions
Phase
Demolition
Duration Notes
Removal of 6,000 tons of demolition debris in 10-cubic yard capacity trucks, hauled up to 20 miles to the Olinda Alpha Landfill.

Months 1-2
Month 3 (one
week)
Grubbing and removal of trees, plants, landscaping, weeds over a 64,000 square-foot area
Approximately 400 cubic yards of soil hauled 20 miles to Olinda Alpha Landfill in 14-cubic yard capacity trucks.

Trenching for utilities, including gas, water, electricity, and telecommunications.

Flatwork, including paving of driveways and walkways
Footings and foundation work (e.g., pouring concrete pads), framing, welding; installing mechanical, electrical, and plumbing. Floor assembly, cabinetry and carpentry, elevator installations, low voltage systems, trash management.

Application of interior and exterior coatings and sealants.

Site Preparation
Grading Months 3-5
Trenching
Paving
Months 6-8
Months 9-11
Building Construction Months 12-36
Architectural Coatings Months 33-36
Source: Fairfield and DKA Planning, 2023.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 42 18 – 476 10/3/2023

1.5 REQUESTED DISCRETIONARY APPROVALS
The Applicant is seeking the following discretionary approvals from the City:
•
•
Site Plan Review No. 2023-01
Tentative Tract Map No. 2023-03
Other approvals and permits from the Department of Building and Safety and other municipal agencies would be required for Project construction actions including, but not limited to demolition, excavation, shoring, grading, foundation, building, and tree removal.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
City Council 43 18 – 477 10/3/2023

2. REGULATORY FRAMEWORK

2.1 CEQA Guidelines Section 15168 – Program EIR

2.1.1 CEQA Guidelines Section 15168 Overview and Requirements CEQA Guidelines Section 15168(a) defines a program EIR as:
[A]n EIR which may be prepared on a series of actions that can be characterized as one large project and are related either:
(1) Geographically,
(2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.

CEQA Guidelines Section 15168(c) sets forth criteria to use a program EIR for “later activities.” Specifically, CEQA Guidelines Section 15168(c) states the following:
(c) Use with Later Activities. Later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration.

That later analysis may tier from the program EIR a provided in Section 15152. (2) If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.

Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR.
(3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into later activities in the program.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
44 City Council 18 – 478 10/3/2023
(4) Where the later activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the program EIR.

2.1.2 Applicability of CEQA Guidelines Section 15168 to the Project The Certified EIR meets the definition under Guidelines Section 15168(a) because the Certified EIR analyzed the potential impacts associated with the Overlay Zone, which is a generally applicable plan containing rules, regulations and other general criteria governing a specified geographically contained area. The Certified EIR fully analyzed the potential environmental effects associated with the City’s adoption of the Overlay and subsequent foreseeable development within the Overlay Zone. As discussed below, the Project is fully consistent with the Overlay Zone and within the scope of the Certified EIR.

The Project Site is located in the Village Center District of the Overlay Zone. Uses allowed in the Village Center District include a mix of commercial, office, and residential in mid-rise buildings of between 4 and 10 stories in a setting that provides open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the Village Center District. The Project meets this description by including development of the Project Site with a mixed-use development including up to 507 residential dwelling units (including apartments, live/work units, and townhomes), approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space in accordance with the Development Standards outlined in Table 1 in the Project Description of the Draft EIR portion of the Certified EIR.

As shown in Figure 3, the Project Site would be separated into two distinct areas by a roadway (Parkcourt Place), which would traverse the site east/west. The northern portion of the Project Site would be developed with eight, three-story (37 feet and 1 inch in height) buildings with 58 townhomes arranged around a central open space area. Each townhome would include two, three, or four bedrooms, a parking garage, and private outdoor space. The southern portion of the Project Site would be developed with a five-story mixed-use building arranged around an internal parking structure and one subterranean level that includes residential storage. This building would include 449 apartment units and 26,800 square feet of ground-floor commercial uses, which could include retail, office, and shopkeeper, and would also surround a central open space area. The Project also includes development of pedestrian infrastructure to connect the Project to adjacent land uses. As demonstrated here, the Project would be consistent with the allowable development under the Overlay Zone.

Finally, as demonstrated in Section 4 of this technical memorandum, all applicable mitigation measures from the Certified EIR would be implemented by the Project, and each of the applicable mitigation measures would also be made conditions of approval for the Project.

The analysis contained in Section 3 of this technical memorandum demonstrates that pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, there are no Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
45 City Council 18 – 479 10/3/2023
substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe significant impacts, and there is no new information of substantial importance that has become available that would result in new or more severe significant impacts.

Thus, pursuant to PRC Section 21166 and CEQA Guidelines Section 15162, no subsequent EIR would be required for the Project. Based on the analysis herein and the Certified EIR and the whole of the record, under CEQA Guidelines Section 15168, the Project is within the scope of the Housing Element Update and the Certified EIR adequately described the activity for purposes of CEQA.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
46 City Council 18 – 480 10/3/2023

3. Revisions to Appendix G of the CEQA Guidelines

3.1 Introduction
The most recent comprehensive revisions to the CEQA Guidelines adopted by the California Natural Resources Agency became effective on December 28, 2018, after the preparation and certification of the Certified EIR. The revisions to the CEQA Guidelines were adopted largely to create efficiencies and to align the CEQA Guidelines with California appellate court and Supreme Court decisions, including changes to Appendix G.

Appendix G of the CEQA Guidelines contains a sample initial study format. The purpose of an initial study is to assist lead agencies in determining whether a project may cause a significant impact on the environment. To help guide that determination, Appendix G asks a series of questions in the form of a checklist regarding a range of environmental resources and potential impacts.

When the Appendix G checklist was originally developed, it contained only a handful of questions.

Over time, the list of questions has grown in response to increasing awareness of the effects of development on the environment. Currently, the sample checklist contains 89 questions divided into 20 categories of potential impacts.

3.2 Modifications to Appendix G of the CEQA Guidelines
The most recent comprehensive revisions to Appendix G were adopted largely to reduce redundancy, provide additional clarity, and align Appendix G with California appellate court and Supreme Court decisions and changes to the Public Resources Code. An overview of the modifications to Appendix G is provided below by environmental topic. Based on the discussion below, while Appendix G was modified, the modified Appendix G questions that would apply to the Project have been addressed within the Certified EIR.

3.2.1 Aesthetics
The Appendix G modifications include updates to aesthetics analysis and provide distinct checklist questions for public views and consistency with zoning regulations governing scenic views, depending upon whether the project is within a non-urbanized or urbanized area. All of the checklist questions as presented in the updated Appendix G checklist are addressed in Section

4.1, Aesthetics, of the Draft EIR.

3.2.2 Agriculture and Forestry Resources
These checklist questions were not updated as part of the modifications and are responded to in the Initial Study that preceded the Draft EIR and is included in Appendix A of the Draft EIR portion of the Certified EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
47 City Council 18 – 481 10/3/2023

3.2.3 Air Quality
These checklist questions were modified to delete Checklist Question III.b regarding violation of air quality standards and to modify the question regarding odors. All of the checklist questions as presented in the updated Appendix G checklist are addressed in Section 4.2, Air Quality, of the Draft EIR portion of the Certified EIR.

3.2.4 Biological Resources
Checklist Question IV.c was modified to remove the reference to Section 404 of the Clean Water Act. This modification does not affect the analysis of biological resources provided in Section 4.3, Biological Resources, of the Draft EIR portion of the Certified EIR.

3.2.5 Cultural Resources
These modifications consisted of a minor word change to Checklist Question V.a and moving Checklist Question V.c from the cultural resources subsection to the geology subsection of Appendix G. Impacts on cultural resources are addressed in Section 4.4, Cultural Resources, of the Draft EIR portion of the Certified EIR.

3.2.6 Energy
The modifications included creating a separate subsection for energy and also incorporating language from Appendix F of the CEQA Guidelines. These added checklist questions have already been addressed in Section 4.13, Utilities and Service Systems, of the Draft EIR portion of the Certified EIR.

3.2.7 Geology and Soils
These checklist questions were modified to focus on both the direct and indirect impacts associated with geology and soils and to move the analysis of paleontological resources to this topic (from the cultural resources section). Impacts on geology and soils are fully addressed in Section 4.5, Geology and Soils, of the Draft EIR portion of the Certified EIR. Further, impacts with respect to paleontological resources are addressed in Section 4.4, Cultural Resources, of the Draft EIR portion of the Certified EIR.

3.2.8 Greenhouse Gas Emissions
This topic was not included in the 2006 CEQA Guidelines, and therefore the Certified EIR did not include analysis of greenhouse gas (GHG) emissions. However, both the existence and potential impacts of carbon dioxide and other GHG emissions from fossil fuel combustion and other activities were known and understood at the time the Certified EIR was certified. Therefore, potential GHG impacts do not constitute new information that would require a subsequent EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
48 City Council 18 – 482 10/3/2023
Despite being omitted from the Certified EIR, an analysis of potential impacts related to the Project’s GHG emissions is included in this document.

3.2.9 Hazards and Hazardous Materials
These checklist questions were revised to delete Checklist Question VIII.f regarding safety hazards associated with proximity to a private airstrip and to clarify that Checklist Question VIII.g (formerly Checklist Question VIII.h) includes both direct or indirect impacts associated with wildland fires. All of the checklist questions as presented in the updated Appendix G checklist are addressed in Section 4.6, Hazards and Hazardous Materials, of the Draft EIR portion of the Certified EIR.

3.2.10 Hydrology and Water Quality
These checklist questions were revised to provide clarification and eliminate redundancy. All of the topics addressed in these checklist questions, including those related to water quality, groundwater, flooding, and flood hazards, are thoroughly addressed in Section 4.7, Hydrology and Water Quality, of the Draft EIR portion of the Certified EIR.

3.2.11 Land Use and Planning
Checklist Question X.a (introduce new land uses that would result in conflicts of use) was removed prior to the 2018 revisions. Checklist Question X.c was revised to focus on conflicts with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Checklist Question X.d was deleted, as it addressed habitat conservation plans, which are already addressed under the biological resources checklist questions. An analysis of the Project’s consistency with land use plans, policies, and regulations is provided in Section 4.8, Land Use and Planning, of the Draft EIR portion of the Certified EIR.

3.2.12 Mineral Resources
These checklist questions were not updated as part of the modifications and are responded to in the Initial Study that preceded the Draft EIR and is included in Appendix A of the Draft EIR portion of the Certified EIR.

3.2.13 Noise
Checklist Questions XII.a and XII.b were revised to focus on impacts associated with the generation of noise and vibration noise levels. In addition, Checklist Questions XII.c, XII.d, and XII.f were deleted, as they were redundant, and Checklist Question XII.e was revised accordingly.

The topics associated with these modified questions are fully addressed in Section 4.9, Noise, of the Draft EIR portion of the Certified EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
49 City Council 18 – 483 10/3/2023

3.2.14 Population and Housing
Checklist Question XIII.a was clarified to focus on potential impacts associated with unplanned growth, and Checklist Questions XIII.b and XIII.c were combined. The topics in these modified questions are fully addressed in Section 4.10, Population, Housing, and Employment, of the Draft EIR portion of the Certified EIR.

3.2.15 Public Services
These checklist questions were not updated as part of the modifications and are responded to in Sections 4.11, Public Services, of the Draft EIR portion of the Certified EIR.

3.2.16 Recreation
These questions were not updated as part of the modifications and are responded to in Section

4.11, Public Services, of the Draft EIR portion of the Certified EIR.

3.2.17 Transportation
Checklist Questions XVI.a (level of service [LOS] analysis), XVI.b (CMP analysis), XVI.c (air traffic patterns), and XVI.f (parking) were deleted. None of these issues are addressed for the Project in this document. The LOS analysis was replaced with a vehicle miles traveled (VMT) analysis to address consistency with CEQA Guidelines Section 15064.3(b). Although a VMT analysis was not required under the 2006 CEQA Guidelines, impacts associated with VMT were known of and understood at the time the Certified EIR was certified and therefore do not constitute new information. Despite being omitted from the Certified EIR, and the lead agency’s decision to evaluate transportation impact consistency based on LOS, an analysis of the Project’s VMT impacts is included in this document in response to public comments received for informational purposes only. Further, the former Checklist Question XVI.d (now Checklist Question XVI.c) was revised to add “geometric” for clarity. With the exception of VMT, all of the topics addressed in these questions were addressed in Section 4.12, Transportation and Traffic, of the Draft EIR.

3.2.18 Tribal Cultural Resources
Assembly Bill (AB) 52 went into effect on July 1, 2015, and requires that for a project for which a Notice of Preparation (NOP) for a Draft EIR was filed on or after July 1, 2015, the lead agency is required to consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if: (1) the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area; and (2) the tribe requests consultation, prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project. The NOP for the Certified EIR was released on March 10, 2006, and as such, the lead agency was not required to comply with the requirements of AB 52. The Final Certified EIR was released in 2007, and thus, did not include responses to the updated Appendix G questions related to tribal cultural resources.

Although AB 52 consultation was not required for the Certified EIR, the potential impacts related Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
50 City Council 18 – 484 10/3/2023
to tribal resources were known and understood at the time the Certified EIR was certified. Despite being omitted from the Certified EIR, an analysis of the Project’s impacts on tribal resources is included in this document. Per Public Resources Code 21080.3.1, AB 52 tribal consultation is only required prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Because the Project relies on the Certified EIR, no negative declaration, mitigated negative declaration, or environmental impact report will be released.

Therefore, AB 52 tribal consultation is not required for the Project.

3.2.19 Utilities and Service Systems
These checklist questions were revised to reduce redundancy. Specifically, Checklist Question XVIII.a was eliminated, as wastewater treatment was already addressed in former Checklist Question XVIII.e (now Checklist Question XVIII.c). In addition, former Checklist Questions XVIII.b and XVIII.c were combined to address all infrastructure types in one question (now Checklist Question XVIII.a) and to include the addition of telecommunications. Former Checklist Question XVIII.d regarding water supply was also updated to clarify that the analysis of water supply should include reasonably foreseeable future development during normal, dry and multiple dry years.

Former Checklist Questions XVIII.f and XVIII.g regarding solid waste impacts were also clarified.

With the exception of telecommunications, all of the topics addressed in these questions were addressed in Section 4.13, Utilities and Service Systems, of the Draft EIR portion of the Certified EIR.

3.2.20 Wildfire
New Checklist Question XX. Wildfire pertains to projects that are located in, or near, state responsibility areas or lands classified as very high fire hazard severity zones. The Project Site is not located in or near state responsibility areas, nor is the Project Site located in a City-designated Very High Fire Hazard Severity Zone. Therefore, these questions are not applicable to the Project.

However, this topic was addressed in Section 4.6, Hazards and Hazardous Materials, of the Draft EIR portion of the Certified EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
51 City Council 18 – 485 10/3/2023

4. ENVIRONMENTAL IMPACT ANALYSIS
The information below addresses each of the environmental issues that were previously analyzed in the Certified EIR issue area for the purpose of describing how the Project is within the scope of the Overlay Zone that was analyzed in the Certified EIR, would not result in any new significant impacts, and would not increase the severity of the significant impacts identified in the Certified EIR.

Consistent with CEQA Guidelines Section 15168(c)(4), a modified Environmental Checklist Form was used to compare the anticipated environmental effects of the Project with those analyzed and disclosed in the Certified EIR and to review whether any of the conditions set forth in PRC 21166 or CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR have been triggered. This analysis provides the following information as to each of the impact thresholds analyzed in each of the impact categories:

Impact Determination in the EIR. This column sets forth the impact determination made in the Certified EIR for each impact threshold.

Any Substantial Changes Involving New Significant Impacts or a Substantial Increase in the Severity of Significant Impacts? Pursuant to Section 15162(a)(1) of the CEQA Guidelines, this column indicates whether the changes represented by the Project will result in new significant impacts that have not already been considered and mitigated by the measures in the Certified EIR or a substantial increase in the severity of a previously identified impact.

Any Substantially Changed Circumstances Involving New Significant Impacts or a Substantial Increase in the Severity of Significant Impacts? Pursuant to Section 15162(a)(2) of the CEQA Guidelines, this column indicates whether there have been substantial changes to the circumstances under which the Project is undertaken (e.g., changes to the Project Site or vicinity) that have occurred subsequent to the preparation of the Certified EIR, which would result in the Project having a new significant environmental impact or a substantial increase in the severity of a previously identified impact.

Any New Information of Substantial Importance? Pursuant to Section 15162(a)(3)(A-D) of the CEQA Guidelines, this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified, shows that: (A) the Project will have one or more significant effects not discussed in the Certified EIR; or (B) that significant effects previously examined will be substantially more severe than shown in the Certified EIR; or (C) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) that mitigation measures or alternatives, which are considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but the project Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
52 City Council 18 – 486 10/3/2023
proponents decline to adopt the mitigation measure or alternative. New studies completed as part of this environmental review are attached to this technical memorandum or are on file with the Planning Department.

Mitigation Measures Addressing Impacts. Pursuant to Section 15162(a)(3) of the CEQA Guidelines, this column indicates whether the prior environmental document provides mitigation measures to address effects in the related impact category. In some cases, the mitigations have already been implemented.

Discussion and Mitigation Sections. A discussion of the elements of the checklist is provided under each environmental category in order to clarify and provide support for the answers. The discussion provides information about the particular environmental issue, how the Project relates to the issue, and the status of any mitigation that may be required or that has already been implemented. Applicable mitigation measures from the Certified EIR that apply to the Project are listed under each environmental category.

Conclusions. A discussion of the conclusion relating to the analysis is contained in each section.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
53 City Council 18 – 487 10/3/2023

4.1 Aesthetics
Any Substantially
Changed
Any Substantial
Changes Involving
New Significant
Impacts or
Circumstances
Involving New
Significant Impact
or Substantially
Determination Substantially More More Severe
Any New
Information of
Substantial
Importance?
Project
Incorporates
Mitigation
Impact
Issues (and supporting
Information Sources) in EIR Severe Impacts? Impacts? Measure(s)? AESTHETICS: Except as provided in
Public Resources Code Section
21099, would the project:
(a) Have a substantial adverse effect
on a scenic vista?
Less Than
Significant No
No
No
No
No
No
No
No
(b) Substantially damage scenic
resources, including, but not
limited to, trees, rock No Impact outcroppings, and historic buildings within a state scenic
highway?
(c) In non-urbanized area,
substantially degrade the existing
visual character or quality of
public views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage
point). If the project is in an
urbanized area, would the project
conflict with applicable zoning
and other regulations governing
scenic quality?
Less Than
Significant No
No
No
No
No
No
No
(d) Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
Less Than
Significant with
Mitigation
Yes

4.1.1 Impact Determination in the EIR
Scenic Resources
The Certified EIR stated, the City does not have any State- or County-designated scenic highways, nor are there any state- or County-designated scenic highways located nearby.

Although First and Fourth Streets are designated as local scenic corridors, these are addressed below under Scenic Resources. Consequently, implementation of the Overlay Zone would not substantially damage scenic resources within a State scenic highway, and no significant impacts would occur.

Scenic Vista
The Certified EIR stated that for purposes of this analysis, “scenic resources” can include natural open spaces, topographic formations, and landscapes. Many people associate natural landforms and landscapes with scenic resources, such as oak woodlands, lakes, rivers, streams, and some historical areas. Scenic resources can also include urban open spaces and the built environment.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
54 City Council 18 – 488 10/3/2023
Examples of these would include parks, trails, pathways, nature centers, archaeological, historical resources, and architectural features. With respect to the Overlay Zone area, First Street and Fourth Street qualify as scenic resources under this definition due to their local designation as major city entries within the Scenic Corridors Element of the City’s General Plan.

The Overlay Zone seeks to provide an integrated and revitalized urban area and would guide the future development and improvements of the Overlay Zone area through implementation of the associated development standards. Development under the Overlay Zone would introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid-rise to high-rise office environment.

The majority of the Overlay Zone is developed. However, the Overlay Zone would establish the framework for a new development pattern in the area through the re-use and revitalization of existing uses. Implementation of the Overlay Zone would serve to guide future development in the Overlay Zone such that the physical design of the proposed uses would enhance the visual character and quality of the area.

The Overlay Zone is divided into four distinct districts: the Neighborhood Transitional District, the Village Center District, the Active Urban District, and the Office District. These four districts would contain varying mixtures of building heights and aesthetic characteristics to create a vibrant urban mixed-use area in the heavily traveled eastern entryway of the City. New structures could range in height from one or two stories, up to 20+ stories. Future development within the Overlay Zone would provide an effective new gateway into the City and could provide a prominent skyline of taller buildings. Both visual attributes would help signify a new, distinctive identity for the City. The varying heights and massing of new buildings would provide a distinctive skyline with planar changes that would create visual interest in the area. The inclusion of ground-floor commercial space at strategic locations, as well as a highly-integrated pedestrian system throughout the Overlay Zone area would also create an internal physical and visual connection for pedestrians with adjacent mixed-use buildings, where one does not exist.

Existing views of the Overlay Zone are primarily available from adjacent commercial and office uses, as well as from portions of First Street, Fourth Street, Interstate 5, State Route 55, and Tustin Avenue. Limited views of the Overlay Zone are available from the residential uses to the north. The existing views of the area could be significantly altered with the introduction of revitalized development. Views of the project site from the I-5, SR-55, and First and Fourth Streets would be most significantly altered, as the Overlay Zone area as a whole is most visible when traveling along these routes.

Sensitive receptors located near the Overlay Zone area include residences adjacent to the northern boundary of the Overlay Zone area, north of Sixth Street. Under the Overlay Zone, the Neighborhood Transitional District would frame the northern boundary of the Overlay Zone area, and the scale and design of buildings in this area would reflect the relationship to the adjacent residential uses. Specifically, this district is intended to provide opportunities for low-intensity development that acts as a transition between single-family residential uses to the north and the Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
55 City Council 18 – 489 10/3/2023
adjacent high-intensity Active Urban District and Village Center to the south. Designated for the lowest scale and the lowest intensity of uses in the Overlay Zone, development in this district is limited to residential, live/work, or office uses, generally between two and three stories in height.

New development in this area would be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to adjacent single family residential areas.

In addition to new buildings, implementation of the Overlay Zone could also include the extension of some roads that would provide more views of the area, which are not currently available.

Specifically, the Overlay Zone would extend Circle Center Drive to the north, which would intersect with the new extension of Park Court Place (from Cabrillo Park Drive to Parkcenter Drive). In addition, Parkcenter Drive would extend south of Fourth Street to the intersection of First Street, and a new roadway between First and Fourth Streets would extend from Cabrillo Park Drive to Parkcenter Drive. With the incorporation of these street extensions, new views could be afforded of the Overlay Zone for motorists and pedestrians because the bridging of these streets would minimize the existing visual and physical barriers between the proposed districts.

Although future development would incorporate a range of architectural styles, building heights, and massing, the Overlay Zone would provide a visual entryway of the City from multiple locations, including along First and Fourth Streets, as well as from the I-5 and SR-55 freeways. Specifically, a new skyline of varying building forms and heights would be created along these major thoroughfares by the new development and would not degrade views from adjacent roadways or uses. Under the Overlay Zone, the new design guidelines are intended to create a unified identity within the area, with buildings that are compatible in scale, design, character, quality, and style.

While some portions of the Overlay Zone area are more visually prominent than others due to location of streets and existing view corridors, development standards of the Overlay Zone would ensure that each future development project includes appropriate site planning, unique architecture, high-quality building materials, extensive indoor and outdoor amenities and first-rate public improvements. Essentially, the Overlay Zone would ensure that form, height, and treatment of buildings would reinforce the prominence and role of major urban spaces and streets. Thus, although future development would include high-rise buildings, the height, bulk, architecture, and/or signage would not degrade the visual unity of the area.

The addition of open space, and landscape and streetscape improvements throughout the Overlay Zone would also improve the aesthetics of the overall area and create a pedestrianfriendly environment that could include widened sidewalks, bike paths, street trees, and street furniture. Thus, the Overlay Zone would provide the area with a set of improvement and development standards that enhance the current level of aesthetics associated with the area.

Upon its adoption, future development in the Overlay Zone area would be guided by and be in conformance with the development standards of the Overlay Zone, which would result in new buildings with common architectural design and that would be compatible in scale, mass, and density.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
56 City Council 18 – 490 10/3/2023
As mentioned previously, the Overlay Zone area currently consists of a variety of low-scale office and commercial structures, with the exception of limited vacant parcels and a few newer structures in the western portion of the area (e.g., the Xerox Building). Although long-term visual characteristics of the Overlay Zone area would be altered with development under the Overlay Zone, it would visually enhance the area and provide the City with a distinctive entryway identity.

Further, the intensification of the Overlay Zone is consistent with the City’s intent of the Major Development Area, which calls for high intensity, high-quality projects.

Project implementation would also create contiguous landscaped pedestrian areas throughout the area in order to promote active street life. Thus, although views of the Overlay Zone area would be modified, the Overlay Zone would not degrade the existing visual character or quality of the site and its surrounding. Rather, development under the Overlay Zone would contribute to the image of and add to the aesthetic quality of the City of Santa Ana. As such, development under the Overlay Zone would not degrade the existing visual quality of the area or obstruct key existing views and/or vistas in the vicinity. This impact was determined to be less than significant.

Visual Character
Construction
The Certified EIR stated that although construction activities would take place primarily within the Overlay Zone, these visual impacts could affect surrounding land uses to the south and east.

Automobiles traveling along Tustin Avenue, Sixth Street, and the I-5 and SR-55 freeways could have short-term views of the Overlay Zone during construction activities. In addition, motorists and pedestrians in the vicinity of intersections at which roadway improvements would occur would have views of construction associated with project improvements. However, these visual conditions would be temporary visual distractions typically associated with construction activities and commonly encountered in developed areas. In addition, the City’s building codes require screening and pedestrian protection for sidewalks during construction activities. Therefore, this short-term impact was determined to be less than significant.

Operation
The Overlay Zone would facilitate development of a high-quality urban village consisting of residential, office, commercial, service, and entertainment uses within a community of street and sidewalk-facing individual buildings on urban blocks separated by streets, sidewalks, pedestrian paseos, and courtyards. Underutilized areas would be redeveloped with an integrated design intended to foster architectural quality and variety, community connections, landscape buffers, and pedestrian-oriented uses. A variety of massing and forms would be encouraged to introduce variety at the ground plane and skyline of the Overlay Zone area.

The overall scale and massing of development would transition from the one- to two-story scale of the existing residential community to the north to a higher intensity adjacent to the I-5, located west and south of the Overlay Zone. To create a varied skyline and enhance the form of the Overlay Zone area, taller buildings and distinct tower elements that rise from a lower base of three Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
57 City Council 18 – 491 10/3/2023
stories and higher would be encouraged within the Active Urban district. Per the general design principals provided for the Overlay Zone, development on sites throughout the Overlay Zone would encourage connections and linkages to other sites in the Overlay Zone area and surrounding community amenities, while individual building typologies and unit designs would facilitate pedestrian activity and visual connectivity with surrounding development through active sidewalks. To establish interaction between the properties and reinforce the long-term development of the Overlay Zone area as a pedestrian-friendly mixed-use urban village, community- and neighborhood-serving commercial uses would be permitted along Fourth Street and Cabrillo Park Drive in the area specifically designated to establish a pedestrian linkage between First and Fourth Street. These linkages would be enhanced throughout the district by a strong emphasis to provide on-site publicly accessible open spaces and amenities. To further establish human scale and interest and a sense of urban variety and liveliness, architectural diversity with regard to unit types, building types, massing, forms and styles would be strongly encouraged.

One of the primary intents of the Overlay Zone is to guide new development that enhances the overall image of the Overlay Zone area as an exciting destination for visitors and residents.

Pedestrian activity would be encouraged, and new development would include public open spaces and increased or improved landscaping. Urban design concepts include small urban plazas, street closing for special events, upgrading alleys as paseos, and dedicating portions of wide sidewalks for social and recreational uses. All new development is expected to be sensitive to existing places and character in the Overlay Zone and surrounding area. In addition, as discussed above under Scenic Vistas, the Overlay Zone includes a gateway and entries concept to further define entries to and definition of, the Overlay Zone area.

The incorporation of new landscaping within the Overlay Zone would provide an additional visual enhancement to the Santa Ana area. New landscaping will occur as new developments are implemented throughout the Overlay Zone and serve to soften and buffer views of the proposed structures. New landscaping features would include potted plants, mature trees, turf surfaces, outdoor furniture, decorative lighting, and other amenities intended to add variety and contribute to a sense of human scale. Plantings would include both new, mature specimen trees, and relocated trees.

Other design guidelines and requirements in the Overlay Zone will help ensure maximum compatibility of design, minimization of light and glare, promote pedestrian-friendly entries and uses, and promote the use of compatible exterior materials. In general, the new development projects that would be introduced would serve to improve the aesthetic character of the Overlay Zone given the architectural design guidelines required for the new developments, the use of design elements, such as landscaped view corridors, and walkways; and the new landscape features to be implemented. Additionally, supporting infrastructure, such as telecommunications equipment and utility lines, will be appropriately screened from view or placed underground.

In general, implementation of the Overlay Zone would enhance the visual character of the area through the guidelines and standards described above. Although future development could result Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
58 City Council 18 – 492 10/3/2023
in taller buildings in certain districts compared to existing uses, the overall changes that are proposed would be designed to create visually attractive and compatible uses. Additionally, future development would be required to adhere to policies identified in the City’s General Plan Elements, as identified in the Regulatory Framework. Consequently, future development under the Overlay Zone would improve the existing visual character, and this impact was determined to be less than significant.

Light and Glare
Daytime Glare
Implementation of the Overlay Zone, which entails development of commercial, residential, and office uses, could affect daytime views from adjacent sensitive land uses, such as residential neighborhoods located to the north along Sixth Street, to the west along Elk Street, and to the southeast of the Overlay Zone.

Future development under the proposed Overlay Zone will create new sources of light and glare in the Overlay Zone. The Overlay Zone will result in greater intensity and density of development over that which exists, resulting in a greater potential for light and glare impacts. Artificial lighting will accompany all new development, including exterior lighting for parking lots, signs, walkways, and interior lighting which could be visible outside. Thus, some areas may experience an increase in lighting with future development. High-intensity structures will also cause spillover light to adjacent lots. Glare from reflective surfaces will occur with developments that use mirrors, bright lights, and other reflective surfaces for building facades.

Generally, light poles and exterior lighting which spillover to adjacent properties may be considered adverse if these properties are considered light-sensitive uses, such as residential homes, hospitals, or nursing homes. In addition, driveway design, which directs vehicle headlights into sensitive land uses, could have adverse impacts. The use of reflective surfaces and facades on buildings could also create glare impacts on motorists driving along the surrounding streets.

Avoidance of these design features can reduce adverse light and glare impacts.

While daytime glare is currently at a minimum in the Overlay Zone, glare could be produced by the increased amount of surface area of the proposed commercial and retail structures, which could reflect or concentrate sunlight and result in a potentially significant impact. However, implementation of design features required by Mitigation Measure MM-OZ 4.1-1, including the use of non-reflective textured surfaces on building exteriors, as well as avoidance of the use of reflective glass, will ensure no significant impacts to off-site uses resulting from daytime glare from new development will occur.

Ambient Light
Implementation of the Overlay Zone would result in the redevelopment, intensification, and reuse of existing office or commercial uses, as well as development of limited vacant parcels. Nighttime lighting would be included in future project development in a variety of forms including: security Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
59 City Council 18 – 493 10/3/2023
lighting; street and parking area lighting; interior lighting for commercial, retail stores/restaurants and residential uses; as well as increased vehicle headlights due to the intensified uses in the Overlay Zone. It should be noted that no high-intensity lighting (e.g., sports field lighting) is currently anticipated within the Overlay Zone. Although the St. Jeanne De Lestonnac School has a sports field, this land use is not located within the Overlay Zone. Due to the urbanized nature of the surrounding area, a significant amount of ambient nighttime light currently exists, reducing the views of stars and affecting views of the nighttime sky. Thus, the increase in nighttime light that would occur under the Overlay Zone would not significantly affect nighttime views of the sky (ability to see stars) because such views are already limited in city settings. Therefore, the impact related to ambient nighttime light was determined to be less than significant.

Spillover Light
New development in the Overlay Zone would introduce new and potentially substantial sources of nighttime lighting. Lighting would be used to highlight architectural elements, landscaping, and building tenant and project signage. In addition, security and safety lighting would be provided in parking areas, service passages, and common areas utilized by employees and visitors during and after commercial operating hours. Further, because minimal nighttime traffic is present in the Overlay Zone, increased vehicular traffic could result in more opportunities for vehicular headlights to affect surrounding residences.

The increase in the Overlay Zone lighting could potentially affect adjacent uses if new buildings were developed next to existing sensitive uses (i.e., residential uses) that do not experience impacts from existing lighting sources or if tall buildings included significant neon lighting or lighted signs. The nearest residential neighborhood is located immediately adjacent to the northern boundary of the Overlay Zone. As discussed above in Impact 4.1-1, the Neighborhood Transitional District would frame the northern boundary of the Overlay Zone area, and the scale and design of buildings in this area would reflect the relationship to the adjacent residential uses.

Building heights would range between two- and three- stories, and development in this area would be specifically designed to provide an appropriate interface with high levels of landscaping and design features to minimize impacts to the adjacent residential area to the north.

The Overlay Zone would provide outdoor lighting standards that aim to prevent impacts on surrounding residential uses. Although the Overlay Zone would provide outdoor light standards, future development could create light pollution disturbances which do not exist. Depending on the location and design specifications of lighting on future buildings, lighting could present a potentially significant Implementation of Mitigation Measures MM-OZ 4.1-2 and MM-OZ 4.1-3 will ensure these lighting impacts will be less than significant.

Shade/Shadow
The current low-rise buildings within the Overlay Zone create limited shade and shadow patterns that are contained within close proximity to each low- to mid-rise building. In the Overlay Zone Active Urban District, shadows cast by existing on-site development are more extensive. Future development of new multi-story buildings in the Overlay Zone may create new sources of shading Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
60 City Council 18 – 494 10/3/2023
that could impact shadow-sensitive uses in the vicinities of the new development sites. Due to the programmatic nature of this EIR, specific project-level design plans (including building heights, positioning, and dimensions) were not available at the time the Certified EIR was prepared, and a complete assessment of shade and shadow impacts of proposed development under the Overlay Zone was not possible. In the future when specific development projects are proposed within the Overlay Zone, project design plans will be developed and subject to project-level CEQA review. The project-level design plans will be evaluated, as necessary, to determine the extent of potential shade and shadow impacts upon adjacent shadow-sensitive uses. Typically, a variety of criteria are used to determine the significance of a shadow impact, including the following:
•
•
•
•
•
•
•
Affected land use (criticality of direct sunlight for the use) Duration (hours per day in shadow)
Time of day (critical time period for direct sunlight)
Season (time of year use would be shadowed)
Extent (percentage of use that would be shadowed)
Type (solid or dappled shadow)
Preexisting condition (shadow condition due to existing buildings, landscaping, or other features)
With these criteria as a basis for shadow impact analysis, Mitigation Measure MM-OZ 4.1-4 shall be applied to future development in the Overlay Zone.

Therefore, future development would be required to adhere to the significance criteria for shade and shadow impacts identified in Mitigation Measure MM-OZ 4.1-4. To ensure that future projects comply with these standards, development would require individual shade and shadow analyses, as identified above, and compliance would be further ensured by Mitigation Measure MM-OZ 4.1- 3, which requires the applicant to submit a lighting plan to the Planning Division for review and approval. Therefore, because future development in the Overlay Zone would be required to adhere to significance criteria for shade and shadow impacts, this impact was determined to be less than significant.

Mitigation Measures
MM-OZ 4.1-1 Proposed new structures shall be designed to maximize the use of textured or other non-reflective exterior surfaces and non-reflective glass.

MM-OZ 4.1-2 All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights-ofway to minimize light spillover onto adjacent areas.

MM-OZ 4.1-3 Prior to issuance of a Site Development Permit for each specific development project, the applicant shall submit a lighting plan to the City of Santa Ana for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
61 City Council 18 – 495 10/3/2023
adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following design features:
• All projects shall incorporate project design features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off-site sensitive uses All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City’s Municipal Code.
•
MM-OZ 4.1-4 Prior to issuance of a building permit each project shall be required to perform a shade and shadow analysis that demonstrates that the project will not result in significant impacts according to the following criteria. Shadowing impacts in the Overlay Zone are considered significant when shadows would be cast upon potentially sensitive uses during a substantial portion (greater than 50 percent) of the main daylight hours (9:00 a.m. to 3:00 p.m. during the fall, winter, and spring seasons, and 9:00 a.m. to 5:00 p.m. [daylight savings time] during the summer season). Light-sensitive uses are those that depend upon light for their operation (e.g., solar panels) or for which solar access is essential for their function (e.g., swimming pools). Light-sensitive uses also include public parks, residences, and routinely useable outdoor spaces associated with residences (e.g., yards).

4.1.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope, including height, considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. As demonstrated below, the Project would incorporate the applicable mitigation measures identified in the Certified EIR and would not result in any new or increased significant aesthetics impacts beyond those already identified in the Certified EIR.

Replacing development at the Project Site, a majority of which is a parking lot, with a mixed-use development constructed with high-quality materials and containing publicly accessible open Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
62 City Council 18 – 496 10/3/2023
space would improve the visual character of the Project Site. The City has conducted a Site Plan Review of the Project to confirm that the Project complies with all zoning and development standards of the Overlay Zone. The City has made the following findings:

Finding 1: That the proposed development plan is consistent with and will further the objectives that are outlined in Section 1.2 for the MEMU.

Project Compliance: The Project will create a new mixed-use development within close proximity to office buildings, Cabrillo Park, Mabury Park, and less than two miles from Downtown Santa Ana, that provides additional opportunities to live, work, and play. The Project includes two distinct market-rate housing product types, including a townhouse development and mixed-use residential development. Each townhouse building will be three-stories in height, while the mixeduse building will be five stories with ground floor commercial/retail and residential units on upper floors, wrapped around a 6.5-level parking structure.

The height of the buildings will blend in with the heights of the nearby office buildings, which range from single-story, three-story and eight-story buildings. The Project will be built to California Building Code standards, which include energy and water conservation measures and will improve pedestrian mobility by providing new sidewalks and parkways along Fourth Street and Parkcourt Place. In addition, the publicly accessible linear park along Parkcourt Place will serve as a link to the Cabrillo Park to the north. Each residential unit will have storage opportunities for personal bicycles.

Additionally, public transit bus service is provided in the Project Site area by the Orange County Transportation Authority (OCTA). Four OCTA bus routes operate within the vicinity of the Project Site on First Street, Fourth Street, Seventeenth Street, and Tustin Avenue, which consists of the following: OCTA routes 60, 64, 71, and 463.

The commercial space has been designed with retail floor heights of approximately 20 feet with storefronts that will be visible from Fourth Street and Cabrillo Park Drive. In addition, the commercial space links directly to an on-site public plaza at the corner of Fourth Street and Cabrillo Park Drive which will include outdoor dining opportunities, decorative hardscape, specimen trees and plantings, umbrellas, seating and lawn games. In addition, the ground floor residential units along Parkcourt Place will have doors and patios with direct access to the street to help activate the street.

Finding 2: That the proposed development plan is consistent with the development standards specified in section 4 of the MEMU.

Project Compliance: The Project is consistent with the development standards specified in Section 4 of the MEMU including land use, height, minimum development site area, building frontages, publicly accessible open space, private/common open space, building setbacks, and parking and access. The Project is a mixed-use development that has been well designed to fit within the Village Center District. Further, the access and egress for the Project has been Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
63 City Council 18 – 497 10/3/2023
thoroughly review by the Public works Agency for compliance with all applicable development standards.

Finding 3: The proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU.

Project Compliance: The Project is consistent with the development standards specified in Section 5 of the MEMU. The building is designed with a high-quality design that includes varied massing, changes in form, and comprises high-quality materials including a light sand stucco exterior, fiber cement panel siding, metal railings, aluminum storefronts, brick veneer, metal canopies, and high-quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.). During the development review process, City staff provided extensive design comments, which resulted in higher-quality building materials, an increase in the commercial square footage, and building elevations that are architecturally detailed and designed to be pedestrian-oriented.

The commercial storefronts are enhanced with cornices and metal canopies and the primary access to the commercial uses will be from Fourth Street and Cabrillo Park Drive. The Project promotes pedestrian activity with landscaping and publicly accessible open space.

Finding 4: That the land uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU.

Project Compliance: The Project is consistent with the development standards specified in Section 7 of the MEMU. The Project has been designed to ensure compatibility between the residential and non-residential uses on site. The commercial uses have separate entrances from the residential uses, and the parking management plan will manage parking between the residential and non-residential uses. On-site lighting will be consistent with Chapter 8 of the Santa Ana Municipal Code.

The Project would implement the mitigation measures identified in the Certified EIR. MM-OZ 4.4- 1, which requires maximum use of non-reflective materials, will minimize potential glare. In compliance with Mitigation Measure MM-OZ 4.1-3, the Applicant will prepare a lighting plan that demonstrates the Project will minimize potential impacts related spillover light. Thus, the Project would not result in any new or increased significant impacts related to light and glare beyond impacts already identified in the Certified EIR.

4.1.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to the aesthetic or visual environment have occurred since certification of the Certified EIR, and no substantial new scenic resources have been identified within the vicinity of the Project Site that would result in new or more severe significant environmental impacts.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
64 City Council 18 – 498 10/3/2023

4.1.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to visual or aesthetic resources that would result in new or more severe significant environmental impacts.

4.1.5 EIR’s Mitigation Measures Addressing Impact
The Project would implement Mitigation Measures MM-OZ 4.1-1, MM-OZ 4.1-2, MM-OZ 4.1-3, and MM-OZ 4.1-4.

4.1.6 Conclusion
Based on the above, no new significant aesthetics impacts or a substantial increase in previously identified aesthetic impacts would occur as a result of the Project. Therefore, the Project does not meet the conditions for a subsequent or supplemental EIR pursuant to PRC Section 21166 and CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
65 City Council 18 – 499 10/3/2023

4.2 Agriculture and Forestry Resources
Any Substantially
Changed
Any Substantial Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Changes Involving
New Significant
Impacts or
Any New
Information of
Substantial
Importance?
Project
Impact Incorporates
Mitigation
Measure(s)?
Issues (and supporting
Information Sources)
Determination Substantially More
in EIR Severe Impacts? Impacts?

AGRICULTURE AND FORESTRY
RESOURCES: Would the
project:
(a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of
the California Resources
Agency, to nonNo Impact No
No
No
No
No
No
No
No
agricultural use?
(b) Conflict with existing
zoning for agricultural
use, or a Williamson Act
contract?
No Impact
(c) Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code Section
12220(g)), timberland (as
defined by Public No Impact No No No No
Resources Code 4526),
or timberland zoned
Timberland Production
(as defined by
Government Code
Section 51104(g))?
(d) Result in the loss of forest
land or conversion of
forest land to non-forest
use?
No Impact
No Impact
No
No
No
No
No
No
No
No
(e) Involve other changes in
the existing environment
which, due to their
location or nature, could
result in conversion of
Farmland, to nonagricultural use or
conversion of forest land
to non-forest use?

4.2.1 Impact Determination in the EIR
The Certified EIR stated that the Overlay Zone would not result in any impacts related to agricultural resources, because there are not agricultural or forest land located within the Overlay Zone area.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
66 City Council 18 – 500 10/3/2023
Mitigation Measures
None required.

4.2.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
There still is no agricultural or forest land located within the Overlay Zone area, including the Project Site. The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. Thus, the Project would not result in any new or increased significant impacts related to agricultural resources beyond impacts already identified in the Certified EIR.

4.2.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to agriculture and forestry resources have occurred and no new agricultural or forestry resources have been identified within the vicinity of the Project since certification of the Certified EIR that would result in new or more severe significant environmental impacts.

4.2.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to agricultural or forestry resources that would result in new or more severe significant impacts.

4.2.5 EIR’s Mitigation Measures Addressing Impact
None identified and none required.

4.2.6 Conclusion
Based on the above, no new significant impacts or a substantial increase in the severity of previously identified impacts to agricultural or forestry resources would occur as a result of the Project. Therefore, the Project does not meet the conditions for a subsequent or supplemental EIR pursuant to PRC Section 21166 and CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
67 City Council 18 – 501 10/3/2023

4.3 Air Quality
Any Substantially
Changed
Any Substantial
Changes Involving
New Significant
Impacts or
Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Any New
Information of
Substantial
Importance?
Project
Incorporates
Mitigation
Impact
Issues (and supporting
Information Sources)
Determination Substantially More
in EIR Severe Impacts? Impacts? Measure(s)?
AIR QUALITY: Would the
project:
(a) Conflict with or
obstruct Less Than
Significant implementation of
the applicable air
quality plan?
No No
No
No
No
No
(b) Result in a
cumulatively
considerable net
increase of any
criteria pollutant for
which the project
region is nonSignificant and
Unavoidable No Yes
attainment under an
applicable federal or
state ambient air
quality standard?
(c) Expose sensitive
receptors to Less Than
Significant No
No
No
No
No
No
No substantial pollutant
concentrations?
(d) Result in other
emissions (such as
those leading to
odors) adversely
affecting a
Less Than
Significant With
Mitigation
Yes
substantial number
of people?

3.3.1 Impact Determination in the EIR
AQMP Consistency
The Certified EIR stated that the 2003 Air Quality Management Plan (AQMP), which was applicable at the time the Certified EIR was certified, was prepared to accommodate growth, to reduce the high levels of pollutants within the areas under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and to return clean air to the region. Projects that are considered to be consistent with the AQMP would not interfere with attainment, because this growth is included in the projections used to formulate the AQMP. Therefore, projects, uses, and activities that are consistent with the applicable assumptions used in the development of the AQMP would not jeopardize attainment of the air quality levels identified in the AQMP, even if they exceed the SCAQMD’s recommended daily emissions thresholds.

Projects that are consistent with the projections of employment and population forecasts identified in the Growth Management Chapter of SCAG’s 1996 Regional Comprehensive Plan and Guide Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
68 City Council 18 – 502 10/3/2023
(RCPG) are considered consistent with the AQMP growth projections. This is because the Growth Management Chapter of the 1996 RCPG forms the basis of the land use and transportation control portions of the AQMP. Implementation of the Overlay Zone would introduce new residential housing which would directly induce population growth within the Overlay Zone. As a result, the Overlay Zone would result in an estimated direct population increase of 11,102 residents. Population projections for the City assumed a population increase of 16,905 residents between the years 2005 and 2030. As implementation of the Overlay Zone would result in increased population that is within that projected for the City, the proposed residential development would not result in an exceedance by the City for either SCAG or General Plan population projections because SCAG’s regional growth forecasts are based upon, among other things, land uses specified in city general plans. As the AQMP is based on SCAG growth projections, the Overlay Zone would be consistent with the AQMP population growth projections.

SCAG projections indicate an increase of up to 13,394 employees in the City from 2005-2030.

The Overlay Zone could generate up to 2,343 employment positions and would not substantially affect the employment forecasts within the City. By generating approximately 2,343 long-term employment positions, the Overlay Zone would contribute only an incremental portion to this growth in employment. Therefore, the employment that would be generated by implementation of the Overlay Zone has been accounted for in previous growth projections, and the Overlay Zone would not result in any increase in employment not accounted for in the General Plan. The employment growth resulting from the Overlay Zone would be consistent with SCAG’s employment forecasts for the City. Therefore, the Overlay Zone would be consistent with the AQMP employment forecasts for Los Angeles County.

Based on the consistency of the Overlay Zone with the existing SCAG population and employment projections and the AQMP forecasts, as discussed above, the Overlay Zone would not impair implementation of the AQMP, and this impact was determined to be less than significant. No mitigation measures were required.

Cumulatively Considerable Net Increase in Criteria Pollutant Construction
As stated in the Certified EIR, implementation of the Overlay Zone would likely generate emissions of volatile organic compounds (VOC) and nitrogen oxide (NOx) that exceed established SCAQMD thresholds. Further environmental review will be required as on a site-specific basis to make a determination of contribution of air emissions from individual projects.

If a site-specific review of the future development projects occurring within the Overlay Zone identifies potentially significant air quality impacts associated with construction activities, Mitigation Measures MM- OZ 4.2-2 through MM-OZ 4.2-16 would be implemented to reduce these emissions. While implementation of Mitigation Measures MM-OZ 4.2-2 through MM-OZ 4.2-16 would reduce construction-related emissions, they may not reduce these emissions to levels below the SCAQMD thresholds for each individual development project, as the amount of Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
69 City Council 18 – 503 10/3/2023
emissions generated for each project would vary depending on its size, the land area that would need to be disturbed during construction, and the length of the construction schedule. Under these conditions, no further feasible mitigation measures are available and this impact would be considered significant and unavoidable. The City will make site-specific determinations of significance during the review of these individual development projects to determine which projects for which construction emissions may exceed significance thresholds.

For the purpose of analysis in this EIR, a programmatic level of analysis is provided for the proposed development under the Overlay Zone. The Overlay Zone would develop 5,400 residential units, a total of 1.1 million square feet of commercial space, and 1.7 million square feet of office uses by the year 2030. As the Overlay Zone has the potential to exceed SCAQMD’s recommended thresholds of significance and results in short-term air quality impacts, the impact of the Overlay Zone is anticipated to be significant. Mitigation Measures MM-OZ 4.2-2 through MM-OZ 4.2-13 shall be implemented where appropriate.

In addition, emission levels of VOCs, which are a precursor for ozone, would likely exceed SCAQMD significance thresholds during the application of architectural coatings (paint and primer) for the Overlay Zone. In order to reduce the VOC emissions levels associated with architectural coatings, Mitigation Measures MM-OZ 4.2-14 through MM-OZ 4.2-16.

However, because construction emissions for an individual project typically exceed the SCAQMD’s recommended thresholds of significance and results in short-term air quality impacts, the impact of the Overlay Zone, which takes into consideration the construction emissions generated from all of the development proposed under the Overlay Zone, were determined to be significant and unavoidable.

Operation
The Certified EIR stated that operational emissions generated by both stationary and mobile sources would result from normal day-to-day activities on the project site after occupation.

Stationary, area source emissions would be generated by the consumption of natural gas for space and water heating devices, and the operation of landscape maintenance equipment. Mobile emissions would be generated by the motor vehicles traveling to and from the Overlay Zone.

The analysis of daily operational emissions from the Overlay Zone has been prepared utilizing the URBEMIS 2002 computer model recommended by the SCAQMD. In terms of operational emissions, the Overlay Zone would incorporate certain features in its design that would help reduce the operational emissions that would otherwise be generated by the Overlay Zone. These design features include the following:
•
•
Street lighting to provide safety along pedestrian routes Shade trees to shade sidewalks to encourage use by pedestrians The Overlay Zone’s design features would encourage pedestrian activity, which would reduce the emissions from the operation of motor vehicles by project employees and residents.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
70 City Council 18 – 504 10/3/2023
Operation of the Overlay Zone would generate emissions that exceed the thresholds of significance recommended by the SCAQMD for VOC, NO , CO, and particulate matter 10 (PM ). x 10 The exceedance of the SCAQMD thresholds for these four criteria pollutants is primarily due to the increase in motor vehicles traveling to and from the project site. As no feasible mitigation is available to reduce these emissions, this impact was determined to be significant and unavoidable.

Expose Sensitive Receptors
The Certified EIR stated that as was done to assess existing carbon monoxide (CO) concentrations, the simplified CALINE4 screening procedure was used to predict future CO concentrations. CO concentrations were calculated 20 intersections evaluated in the traffic report (included in its entirety as Appendix H to the Draft EIR portion of the Certified EIR) that is expected to operate at LOS E or F (unacceptable levels) at project buildout. Intersections operating at LOS E or F typically generate high CO concentrations that could exceed the federal or state 1-hour and 8-hour standards and are analyzed at project buildout to show the maximum effect of implementation of the Overlay Zone on ambient CO concentrations. Future CO concentrations near these intersections would not exceed the national 35.0 ppm and state 20.0 ppm 1-hour ambient air quality standards or the national or state 9.0 ppm 8-hour ambient air quality standards when the Overlay Zone is fully implemented in 2030. Therefore, sensitive receptors located in close proximity to these intersections would not be exposed to substantial pollutant concentrations, and the potential impacts of the Overlay Zone were determined to be less than significant. No mitigation is required. It should be noted that projected CO concentrations shown in the Certified EIR are lower than the baseline CO concentrations due to anticipated improvements in vehicle emission rates projected for the future by the California Air Resources Board (CARB).

Odors
The Certified EIR stated that construction activities do not usually emit offensive odors. Although construction activities occurring in association with the Overlay Zone could generate airborne odors associated with the operation of construction vehicles (i.e., diesel exhaust) and the application of interior and exterior architectural coatings, these emissions would only occur during daytime hours, would generally be restricted to the immediate vicinity of the construction site and activity, and would not affect a substantial number of people.

Potential operational airborne odors could result from cooking activities associated with the new residential units and restaurants. These odors would be similar to existing residential and restaurant uses in the vicinity and would be confined to the immediate vicinity of the Overlay Zone.

Restaurants are also typically required to have ventilation systems that avoid substantial adverse odor impacts. The other potential source of odors would be new trash receptacles within the Overlay Zone. Implementation of Mitigation Measure MM-OZ 4.2-1 would ensure the Overlay Zone would not create substantial objectionable odors, and this impact was determined to be less than significant.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
71 City Council 18 – 505 10/3/2023
Mitigation Measures
MM-OZ 4.2-1 Trash receptacles within the Overlay Zone will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste.

MM-OZ 4.2-2 The developer shall require by contract specifications that all diesel-powered equipment used would be retrofitted with after-treatment 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.

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.

MM-OZ 4.2-4 The developer shall require by contract specifications that alternative fuel 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.

MM-OZ 4.2-5
MM-OZ 4.2-6
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.

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 30 minutes.

Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
72 City Council 18 – 506 10/3/2023
construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff.

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.

MM-OZ 4.2-8
MM-OZ 4.2-9
MM-OZ 4.2-10
MM-OZ 4.2-11
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.

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.

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.

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.

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 Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
73 City Council 18 – 507 10/3/2023
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.

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 the following:
• 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 all unpaved haul roads three times daily
Covering all stockpiles 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
MM-OZ 4.2-14
MM-OZ 4.2-15
MM-OZ 4.2-16
The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 125 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.

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.

The developer shall require by contract specifications that pre-painted 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.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
74 City Council 18 – 508 10/3/2023

4.3.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. As demonstrated below, the Project would incorporate the applicable mitigation measures identified in the Certified EIR and would not result in any new or increased significant air quality impacts beyond those already identified in the Certified EIR.

The analysis of the Project’s air quality impacts presented below is based on the technical Air Quality Report included as Attachment A.

AQMP Consistency
Since preparation of the Certified EIR in 2006, the AQMP has been updated. Below is a discussion of the Project’s consistency with the 2022 AQMP.

As discussed below, the Project’s air quality emissions would not exceed any state or federal standards. Therefore, the Project would not increase the frequency or severity of an existing violation or cause or contribute to new violations for these pollutants. As the Project would not exceed any of the state and federal standards, the Project would also not delay timely attainment of air quality standards or interim emission reductions specified in the AQMP.

With respect to the determination of consistency with AQMP growth assumptions, the projections in the AQMP for achieving air quality goals are based on assumptions in SCAG’s 2020-2045 RTP/SCS regarding population, housing, and growth trends. Determining whether or not a project exceeds the assumptions reflected in the AQMP involves the evaluation of three criteria: (1) consistency with applicable population, housing, and employment growth projections; (2) project Mitigation Measures; and (3) appropriate incorporation of AQMP land use planning strategies.

The following discussion provides an analysis with respect to each of these three criteria. • Is the project consistent with the population, housing, and employment growth projections upon which AQMP forecasted emission levels are based? A project is consistent with the AQMP, in part, if it is consistent with the population, housing, and employment assumptions that were used in the development of the AQMP, which are based on SCAG’s 2020-2045 RTP/SCS.

SCAG’s 2020-2045 RTP/SCS provides socioeconomic forecast projections of regional population Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
75 City Council 18 – 509 10/3/2023
growth. The population, housing, and employment forecasts, which are adopted by SCAG’s Regional Council, are based on local plans and policies applicable to the specific area; these are used by SCAG in all phases of implementation and review. The 2020-2045 RTP/SCS accommodates 360,100 persons; 80,100 households; and 172,400 jobs in the City by 2045.

Based on SCAG’s average 2020 persons-per-household rate for the City of 4.6 persons per household, the Project would add a net residential population of approximately 2,334 people to the Project Site based on the 507 dwelling units proposed.1 The Project’s residential population would represent approximately 11.7 percent of the forecast population growth between 2020 and 2045.

Development of the Project also would result in the removal of about 542 on-site jobs based on the 173,025 square feet of general office uses.2 Thus, the Project’s estimated employment impact would not help produce job growth that exceeds the capacity that is accommodated in the 2022 AQMP. As a result, the Project would be consistent with the projections in the AQMP. • Does the project implement feasible air quality mitigation measures? As discussed below, the Project would not result in any significant air quality impacts and thus, would not require mitigation. In addition, the Project would incorporate the applicable mitigation measures contained in the Certified EIR and would comply with all applicable regulatory standards as required by SCAQMD. Furthermore, with compliance with the regulatory requirements identified above, no significant air quality impacts would occur. As such, the proposed Project meets this AQMP consistency criterion. • To what extent is project development consistent with the land use policies set forth in the AQMP?
With regard to land use developments such as the Project, the AQMP’s air quality policies focus on the reduction of vehicle trips and VMT. The Project would implement all applicable land use policies and measures within the AQMP. Further, the Project would be designed and constructed to support and promote environmental sustainability. The Project represents an infill development within an existing urbanized area that would concentrate more housing and population within a high quality transit area (HQTA). “Green” principles are incorporated throughout the Project to comply with the Green Building Code and the California Green Building Standards Code (CALGreen) through energy conservation, water conservation, and waste reduction features. The air quality plan applicable to the Project area is the 2022 AQMP, the current management plan for progression toward compliance with State and federal clean air requirements. The Project 1 2
Southern California Association of Governments; Final Connect SoCal Demographics and Growth Forecast by Jurisdiction; https://scag.ca.gov/sites/main/files/fileattachments/0903fconnectsocal_demographics-and-growth-forecast.pdf?1606001579.

Prepared by The Natelson Company, Inc. for the Southern California Association of Governments, Employment Density Study Summary Report; October 2001. Assumes 319 square feet average per general office (low-rise) employee.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
76 City Council 18 – 510 10/3/2023
would be required to comply with all regulatory measures set forth by the SCAQMD.

Implementation of the Project would not interfere with air pollution control measures listed in the 2022 AQMP. In addition, as demonstrated in the following analyses, the Project would not result in significant emissions that would jeopardize regional or localized air quality standards.

The Project Site is classified as “District Center” (Medium High DC-3) in the General Plan, a classification that allows mixed-use residential, retail, and commercial development at a 3:1 Floor Area Ratio such as that proposed by the Project.3 As such, the 2020-2045 RTP/SCS’ assumptions about growth in the City accommodate population, housing, and job growth on the Project Site.

As a result, the Project would be consistent with the growth assumptions in the City’s General Plan. Because the AQMP accommodates growth forecasts from local General Plans, the emissions associated with this Project are accounted for and mitigated in the region’s air quality attainment plans. The air quality impacts of development on the Project Site are accommodated in the region’s emissions inventory for the 2020-2045 RTP/SCS and 2022 AQMP. Therefore, the Project would be consistent with the 2022 AQMP, and no new or increased significant impacts would occur beyond the AQMP consistency impacts already identified in the Certified EIR.

Cumulatively Considerable Net Increase in Criteria Pollutant The Project would contribute to local and regional air pollutant emissions during its construction (short-term) and operations (long-term). However, as discussed in the following analysis, construction and operations of the Project would not result in exceedances of SCAQMD daily thresholds for project-specific impacts that could subsequently cause cumulatively considerable increases in emissions of pollutants for which the Basin is designated as non-attainment.

Construction Emissions
Construction of the Project is anticipated to take approximately 36 months. During this time, a variety of heavy-duty diesel-powered vehicles and equipment would be operated on-site.

Demolition of the existing site improvements would likely require an excavator, as well as a loader, bulldozer, or another similar grading vehicle. Grading for the Project would require similar vehicles. During the demolition and excavation phases, haul trucks would be utilized to transport demolished materials and cut soils to a nearby landfill. The building construction phase could require vehicles such as a forklift and a crane or truck-mounted crane. Table 9 summarizes the potential construction schedule that was used to model the Project’s air quality impacts.

As shown in Table 10, the Project’s regional and localized construction-related pollutant emissions would not exceed SCAQMD’s applicable significance thresholds. Additionally, the Project would be required to implement applicable mitigation measures from the Certified EIR that would further reduce the Project’s emission, which would not exceed SCAQMD’s thresholds.

South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer 4 Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, 2002.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
77 City Council 18 – 511 10/3/2023
Therefore, no new or increased significant impacts would occur beyond the construction emissions impacts already identified in the Certified EIR.

Table 10
Regional and Localized Project Construction Emissions
Emissions in lbs per day

VOC NOX

38.6 29.8

15.5 15.7

38.6 100
No
CO

34.9 44.1

42.3 46.7

46.7 550
No
SOx

0.1 0.1

0.1 PM10

10.0 8.3
PM2.5

5.6 2.6

2.2 2024
2025
2026
2027

3.8 3.3

2.9 63.2

8.2 0.1 9.6 2.5
Maximum Regional Total 63.2 0.1
150
No

10.0 150
No

5.6 Regional Threshold 75 55
Exceed Threshold? No No
Maximum Localized Total 57.5 33.0
183
No

21.7 1,253
No

0.1 N/A
N/A

4.1 13

1.8 Localized Threshold 7
Exceed Threshold?
N/A
N/A No No
The construction dates are used for the modeling of air quality emissions in the CalEEMod software. If construction activities commence later than what is assumed in the environmental analysis, the actual emissions would be lower than analyzed because of the increasing penetration of newer equipment with lower certified emission levels. Assumes implementation of SCAQMD Rule 403 (Fugitive Dust Emissions).

Source: DKA Planning, 2023 based on CalEEMod 2022.1.1.14 model runs. LST analyses based on fiveacre site with 25-meter distances to receptors in Central Orange County source receptor area. Estimates reflect the peak summer or winter season, whichever is higher. Totals may not add up due to rounding.

Modeling sheets included in Attachment A.

Operational Emissions
As shown in Table 11, the Project’s regional and localized operational-related pollutant emissions would not exceed SCAQMD’s applicable significance thresholds. Therefore, no new or increased significant impacts would occur beyond the operational emissions impacts already identified in the Certified EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
78 City Council 18 – 512 10/3/2023
Table 11
Regional and Localized Operational Emissions
Emissions in lbs per day Emissions Source
Area Sources
VOC NOx CO SOx PM10 PM2.5

0.6 45.2 <0.1 0.1 0.1 28.6
Energy Sources 1.7

6.3 0.8

74.9 (71.4)

49.6 <0.1

0.2 0.1

19.6 (13.5)

6.3 0.1

5.1 0.1
Mobile Sources 8.5
Less Existing Emissions (12.3) (7.0)

1.6 (0.2)
<0.1
(3.6)
Net Regional Total 24.9 1.6
Regional Significance Threshold 55 55 550 150 150 55
Exceed Threshold? No No No No No No
Net Localized Total 28.7 2.3 46.0 <0.1 0.2 0.2
Localized Significance Threshold
Exceed Threshold?
N/A 183 1,253 N/A 3 2
N/A No No N/A No No
LST analyses based on five-acre site with 25-meter distances to receptors in Central Orange County SRA.

Source: DKA Planning, 2023, based on CalEEMod 2022.1.1.14 model runs (refer to Attachment A).

Totals reflect the summer season maximum and may not add up due to rounding.

Expose Sensitive Receptors
Sensitive receptors in the vicinity of the Project Site include the following:
•
•
•
•
Cabrillo Park, 1820 East Fruit Street; directly north of the Project Site.

Residences, 724 North Parkcenter Drive; 80 feet northeast of the Project Site Residences, 618 Sherry Lane; 400 feet west of the Project Site.

Residences, 1901 East First Street; 450 feet south of the Project Site.

Construction Emissions
Construction of the Project could expose sensitive receptors to substantial pollutant concentrations if maximum daily emissions of regulated pollutants generated by sources located on and/or near the Project Site exceeded the applicable localized significance threshold (LST) values, or if construction activities generated significant emissions of TACs that could result in carcinogenic risks or noncarcinogenic hazards exceeding the SCAQMD Air Quality Significance Thresholds of 10 excess cancers per million or non-carcinogenic Hazard Index greater than 1.0, respectively. As discussed above, the LST values were derived by the SCAQMD for the criteria pollutants NO , CO, PM , and X 10 PM2.5 to prevent the occurrence of concentrations exceeding the air quality standards at sensitive receptor locations based on proximity and construction site size.

As shown in Table 10, during construction of the Project, maximum daily localized unmitigated emissions of NO , CO, PM , and PM from sources on the Project Site would remain far below 2 10 2.5 each of the respective LST values. Daily localized emissions would not exceed any of the Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
79 City Council 18 – 513 10/3/2023
localized standards for receptors that are within 25 meters of the Project’s construction activities.

Additionally, the Project would be required to implement applicable mitigation measures from the Certified EIR that would further reduce the Project’s emission, which would not exceed SCAQMD’s thresholds. Therefore, based on SCAQMD guidance, localized emissions of criteria pollutants would not have the potential to expose sensitive receptors to substantial concentrations that would present a public health concern.

The primary toxic air contaminant TAC that would be generated by construction activities is diesel particulate matter (PM), which would be released from the exhaust stacks of construction equipment.

The construction emissions modeling conservatively assumed that all equipment present on the Project Site would be operating simultaneously throughout most of the day, while in all likelihood this would rarely be the case. Average daily emissions of diesel PM would be less than one pound per day throughout the course of Project construction. Therefore, the magnitude of daily diesel PM emissions, would not be sufficient to result in substantial pollutant concentrations at off-site locations nearby.

Furthermore, according to SCAQMD methodology, health risks from carcinogenic air toxics are usually described in terms of individual cancer risk. “Individual Cancer Risk” is the likelihood that a person exposed to concentrations of TACs over a 30-year period will contract cancer based on the use of standard risk-assessment methodology. The entire duration of construction activities associated with implementation of the Project is anticipated to be approximately 36 months, and the magnitude of daily diesel PM emissions will vary over this time period. No residual emissions and corresponding individual cancer risk are anticipated after construction. Because there is such a shortterm exposure period, construction TAC emissions would result in a less than significant impact. Thus, construction of the Project would not expose sensitive receptors to substantial diesel PM concentrations. Therefore, no new or increased significant impacts would occur beyond the air quality impacts already identified in the Certified EIR.

Operational Emissions
The Project Site would be redeveloped with multi-family residences, retail, and office uses, land uses that are not typically associated with TAC emissions. Typical sources of acutely and chronically hazardous TACs include industrial manufacturing processes (e.g., chrome plating, electrical manufacturing, petroleum refinery). The Project would not include these types of potential industrial manufacturing process sources. It is expected that quantities of hazardous TACs generated on-site (e.g., cleaning solvents, paints, landscape pesticides) for the types of proposed land uses would be below thresholds warranting further study under California Accidental Release Program.

When considering potential air quality impacts under CEQA, consideration is given to the location of sensitive receptors within close proximity of land uses that emit TACs. CARB has published and adopted the Air Quality and Land Use Handbook: A Community Health Perspective, which provides recommendations regarding the siting of new sensitive land uses near potential sources of air toxic emissions (e.g., freeways, distribution centers, rail yards, ports, refineries, chrome plating facilities, dry cleaners, and gasoline dispensing facilities). The SCAQMD adopted similar recommendations in its Guidance Document for Addressing Air Quality Issues in General Plans Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
80 City Council 18 – 514 10/3/2023
and Local Planning. Together, the CARB and SCAQMD guidelines recommend siting distances for both the development of sensitive land uses in proximity to TAC sources and the addition of new TAC sources in proximity to existing sensitive land uses.

The primary sources of potential air toxics associated with Project operations include diesel PM from delivery trucks (e.g., truck traffic on local streets and idling on adjacent streets) and to a lesser extent, facility operations (e.g., natural gas-fired boilers). However, these activities and the land uses associated with the Project, are not considered land uses that generate substantial TAC emissions. It should be noted that the SCAQMD recommends that health risk assessments (HRAs) be conducted for substantial individual sources of diesel PM (e.g., truck stops and warehouse distribution facilities that generate more than 100 trucks per day or more than 40 trucks with operating transport refrigeration units) and has provided guidance for analyzing mobile source diesel emissions.4 Based on this guidance, the Project would not include these types of land uses and is not considered to be a substantial source of DPM warranting a refined HRA since daily truck trips to the Project Site would not exceed 100 trucks per day or more than 40 trucks with operating transport refrigeration units. Further, Mitigation Measure MM-OZ 4.6-1 of the Certified EIR requires that an HRA for diesel exhaust be prepared for future residential uses that are developed within the Overlay Zone and within 500 feet of an existing freeway. However, the Project Site is more than 500 feet from the nearest freeway, and as such, Mitigation Measure MM-OZ 4.6-1 does not apply to the Project. In addition, the CARB-mandated airborne toxic control measures (ATCM) limit diesel-fueled commercial vehicles (delivery trucks) to idle for no more than five minutes at any given time, which would further limit diesel particulate emissions.

As the Project would not contain substantial TAC sources and is consistent with the CARB and SCAQMD guidelines, the Project would not result in the exposure of off-site sensitive receptors to carcinogenic or toxic air contaminants that exceed the maximum incremental cancer risk of 10 in one million or an acute or chronic hazard index of 1.0, and potential TAC impacts would be less than significant.

While long-term operations of the Project would add traffic to local roads that produces off-site emissions, these would not result in exceedances of CO air quality standards at roadways in the area due to three key factors. First, CO hotspots are extremely rare and only occur in the presence of unusual atmospheric conditions and extremely cold conditions, neither of which applies to this Project Site area. Second, auto-related emissions of CO continue to decline because of advances in fuel combustion technology in the vehicle fleet. Finally, the Project would not contribute to the levels of congestion that would be needed to produce emissions concentrations needed to trigger a CO hotspot, as it would add 875 vehicle trips to the local roadway network on weekdays when the development could be leased and operational in 2027.5 However, peak hour vehicle travel would generally reduce from existing conditions, as traffic to and from Project Site would reduce by 50 trips and zero trips during the A.M. and P.M. peak hours, respectively.6 This would represent South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer 4 Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis, 2002. 5 Linscott Law & Greenspan, Memorandum: Vehicle Miles Traveled Assessment for the Proposed Cabrillo Town Center Mixed-Use Project; June 27, 2023.

Ibid. 6
Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
81 City Council 18 – 515 10/3/2023
a reduction in peak hour traffic, which would benefit arterials like Fourth Street between Tustin Avenue and Cabrillo Park Drive, which carry 23,828 vehicles during a weekday.7 This would help reduce any potential that traffic volumes would generate CO exceedances of the ambient air quality standard.8
Finally, the Project would not result in any substantial emissions of TACs during the construction or operations phase. During the construction phase, the primary air quality impacts would be associated with the combustion of diesel fuels, which produce exhaust-related particulate matter that is considered a toxic air contaminant by CARB based on chronic exposure to these emissions.9 However, construction activities would not produce chronic, long-term exposure to diesel particulate matter. During long-term project operations, the Project does not include typical sources of acutely and chronically hazardous TACs such as industrial manufacturing processes and automotive repair facilities. As a result, the Project would not create substantial concentrations of TACs.

In addition, the SCAQMD recommends that health risk assessments be conducted for substantial sources of diesel particulate emissions (e.g., truck stops and warehouse distribution facilities) and has provided guidance for analyzing mobile source diesel emissions.10 The Project would not generate a substantial number of truck trips. Based on the limited activity of TAC sources, the Project would not warrant the need for a health risk assessment associated with on-site activities.

Thus, the Project’s operational activities would not expose sensitive receptors to excessive emissions. Therefore, the Project would not result in any new or increased significant air quality impacts beyond those already identified in the Certified EIR.

Odors
The Project would not result in activities that create objectionable odors. The Project is a mixeduse development that would not include any activities typically associated with unpleasant odors and local nuisances (e.g., rendering facilities, dry cleaners). SCAQMD regulations that govern nuisances (i.e., Rule 402, Nuisances) would regulate any occasional odors associated with residences. Additionally, the Project would implement Mitigation Measure MM-OZ 4.2-1 from the 7 City of Santa. Ana GIS Open Data portal, accessed July 26, 2023. 2015 traffic counts adjusted by a one percent adjustment to reflect ambient traffic growth. https://gis-santaana.opendata.arcgis.com/datasets/927f0b948fcf400eaf1c13d35239a7b1/explore?location=33.74925 6%2C-117.838786%2C17.62
South Coast Air Quality Management District; 2003 AQMP. As discussed in the 2003 AQMP, the 1992 CO Plan included a CO hotspot analysis at four intersections in the peak A.M. and P.M. time periods, including Long Beach Boulevard and Imperial Highway (Lynwood), Wilshire Boulevard and Veteran Avenue (Westwood), Sunset Boulevard and Highland Avenue (Hollywood), and La Cienega Boulevard and Century Boulevard (Inglewood). The busiest intersection was Wilshire and Veteran, used by 100,000 vehicles per day. The 2003 AQMP estimated a 4.6 ppm one-hour concentration at this intersection, which meant that an exceedance (20 ppm) would not occur until daily traffic exceeded more than 400,000 vehicles per day.
8 9 California Office of Environmental Health Hazard Assessment. Health Effects of Diesel Exhaust. www. http://oehha.ca.gov/public_info/facts/dieselfacts.html
South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions, December 2002. 10 Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
82 City Council 18 – 516 10/3/2023
Certified EIR, which requires compliance with the City’s solid waste regulations. The Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Therefore, the Project would not result in any new or increased significant odor impacts beyond those already identified in the Certified EIR.

Conclusion
As demonstrated above, the Project’s air quality impacts would be less than significant.

Additionally, the Project would be required to implement mitigation measures from the Certified EIR that would further reduce the Project’s emission, which would not exceed SCAQMD’s thresholds. Therefore, the Project would not result in new or increased significant impacts beyond those already identified in the Certified EIR.

4.3.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to air quality have occurred and no substantial pollutant emissions or concentrations have been identified within the vicinity of the Project Site since certification of the Certified EIR that would result in new or more severe significant environmental impacts.

4.3.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to air quality that would result in new or more severe significant environmental impacts.

4.3.5 EIR’s Mitigation Measures Addressing Impacts
The Project would implement Mitigation Measures MM-OZ 4.2-1 through MM-OZ 4.2-16 from the Certified EIR.

4.3.6 Conclusion
Based on the above, no new significant impacts or a substantial increase in previously identified impacts on air quality would occur as a result of the Project. Therefore, the impacts to air quality do not meet the standards for a subsequent or supplemental EIR pursuant to PRC Section 21166 and CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
83 City Council 18 – 517 10/3/2023

4.4 Biological Resources
Any Substantially
Changed
Any Substantial
Changes Involving
New Significant
Impacts or
Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Any New
Information of
Substantial
Importance?
Project
Incorporates
Mitigation
Impact
Issues (and supporting
Information Sources)
Determination Substantially More
in EIR Severe Impacts? Impacts? Measure(s)?
BIOLOGICAL RESOURCES: Would
the project:
(a) Have a substantial
adverse effect, either
directly or through
habitat modifications,
on any species
identified as a
candidate, sensitive, or
special status species
in local or regional
plans, policies, or
Less Than
Significant With
Mitigation
No No No Yes
regulations, or by the
California Department
of Fish and Wildlife or
U.S. Fish and Wildlife
Service?
(b) Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations, or
by the California
Department of Fish and
Wildlife or U.S. Fish
and Wildlife Service?
No Impact
No Impact
No Impact
No
No
No
No
No
No
No
No
No
No
No
No
(c) Have a substantial
adverse effect on state
or federally-protected
wetlands, (including,
but not limited to,
marsh, vernal pool,
coastal, etc.) through
direct removal, filling,
hydrological
interruption, or other
means?
(d) Interfere substantially
with the movement of
any native resident or
migratory fish or wildlife
species or with
established native
resident or migratory
wildlife corridors, or
impede the use of
native wildlife nursery
sites?
(e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a
tree preservation policy
or ordinance?
No Impact
No Impact
No
No
No
No
No
No
No
No
(f) Conflict with the
provisions of an
adopted Habitat
Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
84 City Council 18 – 518 10/3/2023
Any Substantially
Changed
Any Substantial
Changes Involving
New Significant
Impacts or
Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Any New
Information of
Substantial
Importance?
Project
Incorporates
Mitigation
Impact
Issues (and supporting
Information Sources)
Determination Substantially More
in EIR Severe Impacts? Impacts? Measure(s)?
Conservation Plan,
Natural Community
Conservation Plan, or
other approved local,
regional, or state
habitat conservation
plan?

4.4.1 Impact Determination in the EIR
Substantial Adverse Effect on Special Status Species
The Certified EIR stated that no endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to occur or were found within the Overlay Zone area. Therefore, there are no impacts to specialstatus species associated with implementation of the Overlay Zone, either directly or indirectly.

However, migratory avian species that may use portions of the Overlay Zone for nesting during the breeding season are protected under the MBTA. Construction- related activities, that may include, but are not necessarily limited to, building demolition and/or relocation, grading, materials laydown, access and infrastructure improvements, and building construction, could result in the disturbance of nesting migratory species covered under the MBTA. The most identifiable potential direct impact to migratory species would involve the removal of vegetation (esp. trees) within the Overlay Zone. Although no identifiable habitats exist within the Overlay Zone, this does not preclude the presence of migratory species nesting among the existing landscape vegetation. At this time, the precise number of trees that would be removed or the number of trees that could be indirectly impacted by construction activities, are not known. However, as mentioned above, the MBTA provides for the protection of migratory birds, including the non-permitted take of migratory birds. Implementation of Mitigation Measure MM-OZ 4.3-1 would reduce this potentially significant impact to a less than significant level by ensuring that surveys for MBTA species are performed during the appropriate time of year and, if necessary, construction buffer zones are established to protect nesting MBTA species.

Substantial Adverse Effect on Riparian Habitat or Sensitive Community The Certified EIR stated that the Overlay Zone and surrounding areas are completely developed and/or disturbed. No riparian habitat or other sensitive natural communities are located in these areas. Therefore, no impacts to riparian habitat or other sensitive natural communities would occur.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
85 City Council 18 – 519 10/3/2023
Substantial Adverse Effect on Wetlands
The Certified EIR stated that the Overlay Zone is not in proximity to, nor does it contain, wetland habitat or a blueline stream. Therefore, development within the Overlay Zone would have no impact on federally protected wetlands, as defined by Section 404 of the Clean Water Act.

Substantially Interfere with Migratory Movement
The Certified EIR stated that development within the Overlay Zone would not substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. The Overlay Zone and surrounding areas are completely developed and/or disturbed. The Overlay Zone is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. There is no impact.

Conflict with Tree Preservation Ordinance
The Certified EIR stated that the City recognizes that it is located in an urban setting and has tailored the goals of its conservation element accordingly. To obtain its goals, the City has established objectives that focus on the preservation of open space and cultural resources and protecting the public’s health and welfare. The Overlay Zone does not contain cultural resources, nor is it zoned open space, and as such, the Overlay Zone does not conflict with any local policies or ordinances protecting biological resources. The City’s conservation element encourages establishment of mixed-use districts, and the overall visual enhancement of the City, both of which will occur within the Overlay Zone. There is no impact.

Conflict with Habitat Conservation Plan/Natural Community Conservation Plan The Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/NCP) can be met through observing previously established laws and regulations (i.e., the Federal Endangered Species Act and the California Endangered Species Act). If a take is unavoidable, then the payment of mitigation fees will be made to the proper non-profit organization. There is no impact.

Mitigation Measures
MM-OZ 4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures:

1. When feasible, all tree removal shall occur between August 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage hawks from nesting in the vicinity of an upcoming construction area. This period may be modified Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
86 City Council 18 – 520 10/3/2023
with the authorization of the DFG; or if it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 350 feet of any grading or earthmoving activity shall be surveyed for active raptor nests by a qualified biologist no more than 30 days prior to disturbance.

If active raptor nests are found, and the site is within 350 feet of potential construction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined by the City in consultation with CDFG.

2. No construction vehicles shall be permitted within restricted areas (i.e., raptor protection zones), unless directly related to the management or protection of the legally protected species.

3. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still alive, the developer shall contact CDFG and subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s).

4. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30th, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist.

4.4.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone, and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. The Project would not remove any trees identified on the City’s list of Designated Tree Species.11 The Project would incorporate MM-OZ 4.3-1 identified in the Certified EIR to minimize impacts related to migratory/nesting species, and accordingly, would not result in any new or increased significant biological impacts beyond those already identified in the Certified EIR.
11 City of Santa Ana Designated Tree Species Materis,
https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/03/Designated-Tree-SpeciesGuide.pdf.

Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
87 City Council 18 – 521 10/3/2023
Mitigation Measures
The Project would implement Mitigation Measure MM-OZ 4.3-1 from the Certified EIR.

4.4.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to biological resources have occurred and no substantial new biological resources have been identified within the vicinity of the Project since the certification of the Certified EIR that would result in new or more severe significant environmental impacts.

4.4.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to biological resources that would result in new or more severe significant environmental impacts.

4.4.5 Mitigation Measures Addressing Impact
The project would implement Mitigation Measure MM-OZ 4.3-1 from the Certified EIR.

4.4.6 Conclusion
Based on the above, no new significant impacts to biological resources or a substantial increase Project. Therefore, the adoption of the Project does not meet the conditions for a subsequent or supplemental EIR pursuant to CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
88 City Council 18 – 522 10/3/2023

3.5 Cultural Resources
Any Substantial Any Substantially
Changes
Involving New
Significant
Impacts or
Changed
Circumstances
Involving New
Significant Impact Any New Project
Impact
Determination
in EIR
Substantially
More Severe
Impacts?
or Substantially Information of Incorporates
Issues (and supporting
Information Sources)
More Severe
Impacts?
Substantial
Importance? Measure(s)?
Mitigation
CULTURAL RESOURCES: Would the
project:
(a) Cause a substantial adverse
change in the significance of a
historical resource pursuant to
CEQA Guidelines §15064.5?
Less Than
Significant With
Mitigation
No No No Yes
(b) Cause a substantial adverse
change in the significance of
an archaeological resource
pursuant to CEQA Guidelines
§15064.5?
Less Than
Significant With
Mitigation
No
No
No
No
No
No
Yes
Yes
Less Than
Significant With
Mitigation
(c) Disturb any human remains,
including those interred
outside of formal cemeteries?

4.5.1 Impact Determination in the EIR
Historic Resources
The Certified EIR stated that there are no documented significant historical resources (i.e., buildings, structures, landmarks, or historic districts) within the Overlay Zone, although five historically significant structures occur within ½-mile of the Overlay Zone boundaries. Therefore, impacts to existing formally- documented historic resources would be less than significant, as no direct impacts would occur to any historic structures. Potential indirect impacts could occur to those structures located outside of the Overlay Zone in the form of shade/shadow impacts. Refer to Section 4.1 for a description of shade/shadow impacts.

However, it is expected that multiple structures within the Overlay Zone are currently 50+ years of age or will be 50+ years of age in the future when actual redevelopment projects may be proposed. As such, redevelopment of sites within the Overlay Zone could result in the demolition or major modification of historically-aged structures which have not yet been evaluated to determine their cultural and/or architectural significance. Because of the site-specific nature of the historically-aged structures in relation to potential (not yet defined) future redevelopment, it is difficult to determine if actual adverse impacts will occur. Such impacts can only be determined once project sites have been chosen, development projects are designed, and affected 50+ yearold structures in the vicinity of the Overlay Zone footprints are formally evaluated to determine their cultural significance.

If it is determined in the future that any existing historically-aged (50+ years old) structures in the Overlay Zone have cultural significance, and proposed future development would ultimately affect Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
89 City Council 18 – 523 10/3/2023
those structures, then potentially significant impacts would occur. Implementation of Mitigation Measure MM-OZ 4.4-1 will ensure that no significant impacts on historical resources would occur.

Archaeological Resources
The Certified EIR stated that no known archaeological resources exist within the Overlay Zone, but archaeological resources have been documented within and near the City of Santa Ana. In addition, the Overlay Zone has already been subject to extensive disruption from previous development and may contain artificial fill materials. As such, any archaeological resources which may have existed within the Overlay Zone have likely been disturbed. While not expected, the remote potential exists that construction activities associated with ground disturbance within the Overlay Zone may unearth undocumented archaeological resources. However, implementation of Mitigation Measures MM-OZ 4.4-2 and MM-OZ 4.4-3 will ensure that no significant on archaeological resources would occur.

Human Remains
The Certified EIR stated that no formal cemeteries are known to have occupied any portion of the Overlay Zone, so any human remains encountered would likely come from archaeological or historical archaeological contexts. Human burials, in addition to being potential archaeological resources, have specific provisions for treatment in Section 5097 of the California Public Resources Code (PRC) and Sections 7050.5, 7051, and 7054 of the California Health and Safety Code (HSC). Because no know archaeological sites are present in the Overlay Zone area and the area is underlain by disturbed soils, the presence of human remains is remote. However, if remains are encountered, disturbing these remains could violate PRC and HSC provisions, as well as destroy the resource. Implementation of Mitigation Measure MM-OZ 4.4-5 will ensure that this impact will be less than significant by ensuring appropriate examination, treatment, and protection of human remains, if any are discovered.

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

MM-OZ 4.4-2 Due to the lack of cultural resource studies for the project site and in order to avoid damaging any unidentified cultural resources, a qualified archaeologist should be retained to monitor any significant ground-disturbing activities in undeveloped areas within the Overlay Zone, and any deep (10’ or deeper) ground-disturbing activities in all areas of the Overlay Zone.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
90 City Council 18 – 524 10/3/2023
MM-OZ 4.4-3
MM-OZ 4.4-5
In the event that archeological resources are unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius must be temporarily suspended or redirected until an archeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume.

If human remains are unearthed, State Health and Safety Code Section 7050.5 require 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 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native American, who will then serve as consultant on how to proceed with the remains.

4.5.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone, and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. As discussed below, the Project will incorporate mitigation measures to minimize impacts related to cultural resources would be less than significant, and accordingly, would not result in any new or increased significant impacts to cultural resources beyond those already identified in the Certified EIR.

Historic Resources
The Certified EIR concluded that redevelopment of sites within the Overlay Zone could result in the demolition or major modification of historically-aged structures which have not yet been evaluated to determine their significance as defined by Section 15064.5 of the CEQA Guidelines, and this was considered a significant impact. The Project Site contains four structures construction between 1971 and 1978, only one of which is over 50 years (the office building located at 1971 East 4th Street). In compliance with MM-OZ 4.4-1, a Historic Resources Assessment was prepared for the Project by LSA, dated July 2022 (refer to Attachment B). The assessment included archival research, outreach to local historical groups, a field survey, and a written analysis. The purpose of the assessment is to provide the City with the necessary information and analysis to determine, as mandated by CEQA, whether the Project would cause substantial adverse changes to any historical resources that may exist in or around the Project Site area. In order to identify and evaluate such resources, LSA conducted historical background research and carried out an intensive-level field survey.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
91 City Council 18 – 525 10/3/2023
As a result of the research and field survey, the commercial building at 1971 East 4th Street does not appear to be historically significant under either the California Register of Historical Resources (California Register) or City of Santa Ana criteria. The building is therefore not a significant historical resource as defined by CEQA. The building is part of an approximately 8-acre development, Town Center Plaza, that includes four buildings with a cohesive design aesthetic.

However, the development as a whole is less than 50 years old, with the exception of the building at 1971 East 4th Street, and none of the buildings are exceptional examples of a particular style.

Thus, the Project would not directly or indirectly impact a historic resource and would not result in any new or increased significant impacts related to historic resources beyond impacts already identified in the Certified EIR.

Archaeological Resources
The Certified EIR concluded that implementation of the Overlay Zone has the potential to directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature and this would be considered a significant impact, and compliance with the identified mitigation measure would reduce this impact to less than significant. The Project would include excavation beyond 10 feet below ground surface and would be required to implement Mitigation Measures MM-OZ

4.4-2 and MM-OZ 4.4-3, requiring construction monitoring by a qualified archeologist and certain actions in the event that a potential resource is encountered during Project construction. Thus, the Project would not result in any new or increased significant impacts related to archaeological resources beyond impacts already identified in the Certified EIR.

Human Remains
The Certified EIR concluded that construction activities under the Overlay Zone could result in the disturbance of human remains interred outside of formal cemeteries. The Project would include excavation and would be required to implement Mitigation Measure MM-OZ 4.4-4, which prescribes certain actions in the event human remains are encountered during Project construction. Thus, the Project would not result in any new or increased significant impacts related to human remains beyond impacts already identified in the Certified EIR.

Mitigation Measures
The Project would implement Mitigation MM-OZ 4.4-1 through MM-OZ 4.4-4 from the Certified EIR.

4.5.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to cultural resources have occurred and no substantial new cultural resources have been identified within the vicinity of the Project since the certification of the Certified EIR that would result in new or more severe significant environmental impacts.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
92 City Council 18 – 526 10/3/2023

4.5.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to cultural resources that would result in new or more severe significant environmental impacts.

4.5.5 Mitigation Measures Addressing Impact
The Project would implement Mitigation MM-OZ 4.4-2 through MM-OZ 4.4-4 from the Certified EIR.

4.5.6 Conclusion
Based on the above, no new significant impacts to cultural resources or a substantial increase in previously identified cultural resource impacts would occur as a result of the Project. Therefore, the adoption of the Project does not meet the conditions for a subsequent or supplemental EIR pursuant to PRC Section 21166 CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
93 City Council 18 – 527 10/3/2023

4.6 Energy
Any Substantial Any Substantially
Changes
Involving New
Significant
Impacts or
Substantially
More Severe
Impacts?
Changed
Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Any New
Information of
Substantial
Importance?
Project
Incorporates
Mitigation
Impact
Determination
in EIR
Issues (and supporting
Information Sources) Impacts? Measure(s)?
ENERGY: Would the project:
(a) Result in potentially
significant environmental
impact due to wasteful,
inefficient, or Less Than
unnecessary Significant No
No
No
No
No
No
Yes
No
consumption of energy
resources, during project
construction or
With Mitigation
operation?
(b) Conflict with or obstruct a
state or local plan for
renewable energy or
energy efficiency?
Less Than
Significant

4.6.1 Impact Determination in the EIR
Wasteful, Inefficient, or Unnecessary Consumption of Energy/Conflict with or Obstruct Plan for Renewable Energy or Energy Efficiency
The Certified EIR stated that on peak days, the increase in demand from implementation of future development under the Overlay Zone would contribute to electricity supply and delivery constraints. However, all future development would be constructed in compliance with Title 24 energy efficiency standards.

By the time future development would be constructed under the Overlay Zone, it is expected that some steps outlined in the California Energy Commission (CEC) action plan will have been implemented to alleviate energy constraints. If these constraints do remain, they could be addressed through “rolling blackouts,” which are limited to specific geographic areas for a period of hours. Further, if energy constraints remain, they are a reflection of the broad energy supply issues experienced by California as a whole, and not unique to the demands of the development in the City.

Further, the CEC licensed two additional power plants in 2001 that were anticipated to provide California with electrical energy supply capacity and the ability to meet peak load demand in excess of forecasts of regional energy supplies. Consequently, although the Overlay Zone would result in an increased electricity demand in the City, additional energy demands resulting from the Overlay Zone would be adequately met by current and planned infrastructure during most of the year. Further, development under the Overlay Zone would be required to comply with the Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
94 City Council 18 – 528 10/3/2023
energy conservation measures contained in Title 24, which would reduce the amount of energy needed for the operation of any buildings constructed as a part of the Overlay Zone.

Additionally, the current electrical demand of the Overlay Zone is within the capacity limitations of the electrical facilities serving the City. Excluding any unforeseen problems, existing distribution resources have the ability to serve all existing customer loads in accordance with its rules and tariffs. The projected electrical demand of the Overlay Zone area and for build-out under the Overlay Zone is expected to be within Southern California Edison’s (SCE) current 10-year load forecasts. Though SCE’s total system demand is expected to continue to increase annually, excluding any unforeseen problems, SCE’s plans for new distribution resources would be adequate to serve all existing and new customer loads throughout the next decade. SCE does not expect that utilities deregulation will affect service to the Overlay Zone area. However, to reduce any potential impacts associated with build out of the Overlay Zone, SCE recommends the use of energy-efficient and high-performance design for nonresidential and residential building design and construction.

The Southern California Gas Company (SCGC) declares itself a “reactive” utility and will provide natural gas as customers request its services. SCGC has also indicated that an adequate supply of natural gas is currently available to serve additional development, and that the natural gas level of service provided to the City would not be impaired by buildout under the Overlay Zone. Any expansion of service necessitated by implementation of the Overlay Zone would be in accordance with SCGC’s policies and extension rules on file with the California Public Utilities Commission at the time contractual agreements are made.

Although the Overlay Zone would result in the energy demand increases in demand noted above, an adequate energy supply is anticipated to be available, as the electrical and gas supplies and infrastructure to support demand are provided as needed by SCE and SCGC. Therefore, the Overlay Zone would not substantially increase demands beyond the available supply. In case of electricity, the cost associated with relocating the facilities, if required shall be borne by the developer. The developer will also be required to make contractual arrangements with SCGC prior to initiation of construction for the gas. Prior to the issuance of grading permits, the project developer shall coordinate with SCE/SCGC to determine the exact location of all underground and overhead electrical/gas facilities. All electrical/gas facilities and associated structures left on the site shall be protected from damage. Grading plans should reflect the undergrounding of utility lines serving the Overlay Zone.

The project-generated demand for electricity and natural gas would be negligible in the context of overall demand within the City of Santa Ana and the state and thus is not anticipated to require substantial upgrades or expansion of existing energy systems. Though the project would not increase the energy demand significantly, mitigation measures are suggested to promote conservation of energy to further reduce the impact.

It was determined that implementation of Mitigation Measure MM-OZ 4.13-2 will foster efficient energy use and ensure that energy impacts will be less than significant.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
95 City Council 18 – 529 10/3/2023
Mitigation Measures
MM-OZ 4.13-2 The project shall implement energy conservation measures (such as energyefficient lighting and micro-processor-controlled HVAC equipment) to reduce the demand for electricity and natural gas. The energy conservation measures shall be subject to modification as new technologies are developed or if current technology becomes obsolete through replacement.

4.6.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
Wasteful, Inefficient, or Unnecessary Consumption of Energy/Conflict with or Obstruct Plan for Renewable Energy or Energy Efficiency
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone, and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. Therefore, the Project’s energy consumption has been accounted for in the Certified EIR.

The Certified EIR concluded that implementation of the Overlay Zone could increase the demand for electricity and gas. However, the Project would implement Mitigation Measure MM-OZ 4.13- 2 from the Certified EIR, requiring energy conservation measures. Further, the Project will comply with CalGreen and Title 24 energy efficiency standards and requirements and other state and local regulations that reduce the Project’s energy use. The current 2022 CalGreen requirements impose greater sustainability requirements and green features, including solar and electric vehicle mandates than were in place at the time the City adopted the Certified EIR in 2006.Thus, the Project would not result in any new or increased significant impacts related to energy beyond impacts already identified in the Certified EIR.

Mitigation Measures
The Project would implement Mitigation Measure MM-OZ 4.13-2 from the Certified EIR.

4.6.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to energy use and resources have occurred since the certification of the Certified EIR that would result in new or more severe significant environmental impacts.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
96 City Council 18 – 530 10/3/2023

4.6.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to energy that would result in new or more severe significant environmental impacts.

4.6.5 Mitigation Measures Addressing Impact
The Project would implement Mitigation Measure MM-OZ 4.13-2 from the Certified EIR.

4.6.6 Conclusion
Based on the above, no new significant impacts to energy or a substantial increase in previously identified energy impacts would occur as a result of the Project. Therefore, the adoption of the Project does not meet the conditions for a subsequent or supplemental EIR pursuant to PRC Section 21166 and CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
97 City Council 18 – 531 10/3/2023

4.7 Geology and Soils
Any
Substantially
Changed
Circumstances
Involving New
Significant
Impacts or
Any Substantial
Changes
Involving New
Significant
Impacts or Any New Project
Impact
Determination
in EIR
Substantially
More Severe
Impacts?
Substantially
More Severe
Impacts?
Information of Incorporates
Issues (and supporting Information
Sources)
Substantial Mitigation
Importance? Measure(s)?
GEOLOGY AND SOILS: Would the
project:
(a) Directly or indirectly cause
potential substantial adverse
effects, including the risk or
loss, injury or death
involving:
(i) Rupture of a known
earthquake fault, as delineated
on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State
Geologist for the area or based
on other substantial evidence
of a known fault?
No Impact No
No
No
No
No
No
No
Less Than
Significant With
Mitigation
(ii)Strong seismic ground
shaking?
Yes
Less Than
Significant with
Mitigation
(iii) Seismic-related ground
failure, including liquefaction?
No
No
No
No
No
No
No
No
No
Yes
(iv) Landslides? No Impact No
(b) Result in substantial soil
erosion or the loss of
topsoil?
Less Than
Significant No
(c) Be located on a geologic
unit or soil that is unstable,
or that would become
unstable as a result of the
project, and potentially
result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or
collapse?
Less Than
Significant No
No
No
No
No
No
No
(d) Be located on expansive
soil, as defined in Table 18-
1-B of the Uniform Building
Code (1994), creating
Less Than
Significant with
Mitigation
Yes
substantial direct or indirect
risks to life or property?
(e) Have soils incapable of
adequately supporting the
use of septic tanks or
alternative wastewater No Impact
Less Than
No
No
No
No
No
No
No
disposal systems where
sewers are not available for
the disposal of wastewater?
(f) Directly or indirectly destroy Significant With
a unique paleontological Mitigation
Yes
Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
98 City Council 18 – 532 10/3/2023
Any
Substantially
Changed
Circumstances
Involving New
Significant
Impacts or
Any Substantial
Changes
Involving New
Significant
Impacts or Any New Project
Impact
Determination
in EIR
Substantially
More Severe
Impacts?
Substantially
More Severe
Impacts?
Information of Incorporates
Issues (and supporting Information
Sources)
Substantial Mitigation
Importance? Measure(s)?
resource or site or unique
geologic feature?

4.7.1 Impact Determination in the EIR
Alquist-Priolo Earthquake Fault Zone
The Certified EIR stated that there are no active faults, or currently mapped Earthquake Fault Zone State Special Study Zones (formerly known as Alquist-Priolo Zones) within the Overlay Zone that would cause a fault rupture. The Overlay Zone is also not located within any currently mapped Seismic Hazard Zone, where a site-specific investigation to determine the location of any faults would be required. The Overlay Zone would have no impact associated with exposing people or structures to rupture of a known earthquake fault, and no impacts would occur.

Strong Seismic Ground Shaking
The Certified EIR stated that the Overlay Zone is located in close proximity to two major fault zones, including the Newport- Inglewood fault zone and the Whittier-Elsinore fault zone, each with the potential to cause moderate to large earthquakes that would cause ground shaking in Santa Ana and nearby communities. Consequently, the Overlay Zone would expose on-site structures and people to substantial seismic hazards if an intense earthquake occurred along any of the major faults in the area. Active and potentially active faults in the Santa Ana area are capable of producing seismic shaking at the project site. Additionally, it is anticipated that the project site would experience ground acceleration caused by small and moderate magnitude earthquakes on distant active faults.

In order to reduce the risks associated with seismically induced groundshaking, it is necessary to take the location and type of subsurface materials into consideration when designing or retrofitting foundations and structures for a particular project site. Because the Overlay Zone site is in Seismic Zone 4, as is most of Southern California, structures are required to be designed in accordance with applicable parameters of the current California Building Code (CBC). Specific engineering design and construction measures as required by CBC for the construction of new buildings and/or structures would be implemented to anticipate and avoid the potential for adverse impacts to human life and property caused by seismically induced groundshaking. In addition, adherence to Mitigation Measure MM-OZ 4.5-1 would further ensure that site-specific construction measures would be implemented to reduce any additional geotechnical hazards, including groundshaking.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
99 City Council 18 – 533 10/3/2023
Following the proper design guidelines and construction measures outlined in the CBC and as required by Mitigation Measure MM-OZ 4.5-1 would reduce this risk to a less-than-significant level.

Liquefaction
The Certified EIR stated that the Overlay Zone is located in a low potential liquefaction hazard area as identified in the City’s Seismic Safety Element of the General Plan. Despite being in a low hazard area for liquefaction, the City requires compliance with the CBC and all provisions related to construction and design guidelines which prevent injury or other adverse effects potentially caused by liquefaction. Among the provisions of the CBC that would be implemented by the Overlay Zone would be the conformance of all proposed facilities at the project site to the seismicresistant design standards designated for Seismic Zone 4, and the incorporation of additional seismic-resistant earthwork and construction design criteria as recommended by project-specific geotechnical reports with implementation of Mitigation Measure MM-OZ 4.5-1. Adherence by the proposed development structures to CBC guidelines and geotechnical reports would ensure that proper foundations would be designed to safeguard against the potential risks associated with liquefaction. This impact was determined to be less than significant.

Erosion/Loss of Topsoil
The Certified EIR state that topsoil is the uppermost layer of soil, usually the top 6 to 8 inches. It has the highest concentration of organic matter and microorganisms and is where most biological soil activity occurs. Plants generally concentrate their roots in, and obtain most of their nutrients from, this layer. Topsoil erosion is of concern when the topsoil layer is blown or washed away, which makes plant life or agricultural production impossible. Much of the Overlay Zone is built out and topsoil erosion is, thus, not an issue for the majority of the area. However, there are limited undeveloped areas that could be affected by loss of topsoil if developed.

Future development under the Overlay Zone could involve the demolition of existing structures, followed by grading and excavation activities prior to the construction of new development. The uncovered on-site soil would be exposed to erosional processes during these phases of construction. However, operational activities such as the addition of paved and landscaped areas would, over the long term, decrease the potential for erosion, particularly on the existing limited undeveloped sites, because less exposed soil would exist in the Overlay Zone.

Specific erosion impacts would depend largely on the areas affected and the length of time soils are subject to conditions that would be affected by erosion processes. All demolition and construction activities within the City would be required to comply with CBC Chapter 70 standards, which would ensure implementation of appropriate measures during grading activities to reduce soil erosion. In addition, all construction activities would comply with Chapter 33 of the CBC, which regulates excavation activities and the construction of foundations, and Chapter 33 of the CBC, which regulates grading activities, including drainage and erosion control.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
100 City Council 18 – 534 10/3/2023
Further, all new development would also be subject to regional and local regulations pertaining to construction activities. Specifically, development that is greater than 5 acres would be required to comply with the provisions of the General Construction Activity Stormwater Permit adopted by the State Water Resources Control Board (SWRCB), which would require the employment of Best Management Practices (BMPs) to limit the extent of eroded materials from a construction site. All development that is between 1 and 5 acres would be required to comply with the provisions of the NPDES Phase II regulations concerning the discharge of eroded materials and pollutants from construction sites.

Compliance with the CBC and the NPDES permits would minimize effects from erosion and ensure consistency with the Regional Water Quality Control Board (RWQCB) Water Quality Control Plan. In view of these regulations, it was determined that implementation of the Overlay Zone will have a less than significant impact associated with soil erosion or topsoil. No mitigation is required.

Geologic Unit/Soil Stability
The Certified EIR stated that the project site and surrounding area are relatively flat, making the possibility for landslides extremely remote. Consequently, there is no potential for landslides to occur on or near the Overlay Zone site as a result of the proposed development. The Overlay Zone would have no impact associated with exposing people or structures to landslides, and no impacts would occur.

Using unsuitable soils would have the potential to create future lateral spreading, subsidence, or collapse problems leading to building settlement and/or utility line disruption. When weak soils are re-engineered specifically for stability prior to use, these potential effects can be reduced or eliminated. An acceptable degree of soil stability would be achieved for expansive, liquefactionprone, and compressible soils by the incorporation of soil treatment programs (replacement, grouting, compaction, drainage control, etc.) in the excavation and construction plans to address site-specific soil conditions. A site-specific evaluation of ions is required by Mitigation Measure MM-OZ 4.5-1 and must contain recommendations for ground preparation and earthwork specific to the site, that become an integral part of the construction design.

As part of the construction permitting process, future developers in the Overlay Zone would be required to prepare geotechnical reports to identify potentially unsuitable soil conditions including liquefaction, subsidence, and collapse. The evaluations must be conducted by registered soil professionals, and measures to eliminate inappropriate soil conditions must be applied, depending on the soil conditions. Adherence to Mitigation Measure MM-OZ 4.5-1 as well as specified design provisions in the CBC would ensure the maximum practicable protection available for users of buildings and infrastructure and associated trenches, slopes, and foundations. This impact was determined to be less than significant.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
101 City Council 18 – 535 10/3/2023
Expansive Soil
The Certified EIR stated that the Overlay Zone is greater than 200 acres in size, and as such, does not contain uniform soil types throughout the Overlay Zone area. In addition, because implementation of the Overlay Zone does not identify specific development projects within the Overlay Zone, it would be inconclusive to classify the entire Overlay Zone as having a particular expansive soil potential because different soil types have varying degrees of expansion potential.

Consequently, additional tests should be conducted at each future project site to determine the expansion potential of the near surface materials that may influence the structural elements of the projects. Final design recommendations should be based on the results of those tests. It was determined that with implementation of Mitigation Measure MM-OZ 4.5-2, appropriate construction standards will ensure that impact of expansive soils on future development will be less than significant.

Septic Tanks
The Certified EIR stated that the City is almost entirely built out with established utility services and new development would not require the use of septic tanks. For this reason, it was determined that there will be no impact related to the capacity of soils to support septic tanks or other alternative wastewater disposal systems.

Paleontological Resources
The Certified EIR stated that the Overlay Zone area is not known to contain documented paleontological resources. Plant and animal fossils are typically found within sedimentary rock deposits. Given the geology of the Overlay Zone area, it is unlikely that unknown paleontological resources would exist within the Overlay Zone. In addition, the Overlay Zone area has already been subject to extensive ground disturbance and development. Any superficial paleontological resources that could have existed at one time have likely been previously unearthed by past development activities. While not anticipated, the remote potential remains for intact paleontological resources to exist at deep levels. It was determined that implementation of Mitigation Measure MM-OZ 4.4-4 will reduce any potential impacts to less-than-significant levels.

Mitigation Measures
MM-OZ 4.5-1 During project-specific building design of future development in the Overlay Zone, site-specific geotechnical studies shall be conducted under the direct supervision of a California Registered Engineering Geologist or licensed geotechnical engineer to assess detailed seismic, geological, soil, and groundwater conditions at each construction site and develop recommendations to prevent or abate any identified hazards. The report shall specify foundation recommendations to ensure issues associated with underlying soils are addressed. Construction of the project shall comply with all recommendations in the geotechnical report. The study shall follow Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
102 City Council 18 – 536 10/3/2023
applicable of CDMG Special Publication 117 where applicable and shall include, but not necessarily be limited to
• Determination of the locations of any suspected fault traces and anticipated ground acceleration at the building site
• Potential for displacement caused by seismically induced shaking, liquefaction, differential soil settlement, expansive and compressible soils, or other earth movements or soil constraints
• Evaluation of depth to groundwater
MM-OZ 4.5-2
MM-OZ 4.4-4
Developers within the Overlay Zone shall conduct expansion index tests in accordance with UBC Standard 18-2 prior to project construction. The design of structural elements of future projects shall include recommendations set forth by the expansion index tests.

In the event that paleontological resources are unearthed during subsurface construction activities, all earth-disturbing work within a 100-meter radius of the find must be temporarily suspended or redirected until a paleontologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume.

4.7.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
The Project includes the demolition and removal of all existing improvements from the Project Site and development of the site with a mixed-use development including up to 507 residential dwelling units, approximately 26,800 square feet of commercial uses, and associated parking, utility infrastructure, landscaping, and open space, all of which is allowed under the Overlay Zone, and is consistent with the Overlay Zone standards. The Project does not include any development that would extend beyond the building envelope considered in the Certified EIR, and no changes are proposed to the Overlay Zone to accommodate the Project. As discussed below, the Project would incorporate mitigation measures to minimize impacts related to geology and soils would be less than significant, and accordingly, would not result in any new or increased significant impacts beyond those already identified in the Certified EIR.

Alquist-Priolo Earthquake Fault Zone
The Certified EIR concluded that there are no Alquist-Priolo Zones within the Overlay Zone that would cause a fault rupture. The Overlay Zone is also not located within any currently mapped Seismic Hazard Zone, where a site-specific investigation to determine the location of any faults would be required. The Project Site is still not located in either an Alquist-Priolo or a Seismic Hazard Zone. Thus, the Project would not result in any new or increased significant impacts related to being located in such a Zone beyond impacts already identified in the Certified EIR.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
103 City Council 18 – 537 10/3/2023
Strong Seismic Ground Shaking
The Certified EIR concluded that implementation of the Overlay Zone could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic groundshaking. However, implementation of Mitigation Measure MM-OZ

4.5-1 would reduce this to a less-than-significant level. In compliance with Mitigation Measure MM-OZ 4.5-1, a Supplemental Geotechnical Investigation Report has been prepared for the Project by LGC Valley, Inc., dated December 16, 2021 (refer to Attachment C). The report includes preliminary development standards that are specific to the Project and its potential to endure seismic groundshaking to ensure no significant impacts related to seismic groundshaking would occur. Thus, the Project would not result in any new or increased significant impacts related to being located in a fault zone beyond impacts already identified in the Certified EIR.

Liquefaction
The Certified EIR concluded that implementation of the Overlay Zone could expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving seismic-related ground failure, including liquefaction. However, implementation of Mitigation Measure MM-OZ 4.5-1 would reduce this impact to a less-than-significant level. In compliance with Mitigation Measure MM-OZ 4.5-1, a Supplemental Geotechnical Investigation Report has been prepared for the Project by LGC Valley, Inc., dated December 16, 2021 (refer to Attachment C). The report noted that some soils at the Project Site are susceptible to liquefaction.

The report includes preliminary development standards that are specific to the Project to ensure no significant impacts related to liquefaction would occur. Thus, the Project would not result in any new or increased significant impacts related to liquefaction beyond impacts already identified in the Certified EIR.

Erosion/Loss of Topsoil
The Certified EIR concluded that implementation of the Overlay Zone could result in soil erosion and the loss of topsoil. However, compliance with applicable regulations would ensure that this impact remains less than significant. The Project would be required to comply with the same regulatory standards outlined in the Certified EIR that would ensure no significant impacts related to erosion/loss of topsoil would occur. Thus, the Project would not result in any new or increased significant impacts related to erosion/loss of topsoil beyond impacts already identified in the Certified EIR.

Geologic Unit/Soil Stability
The Certified EIR concluded that implementation of the Overlay Zone could subject people and structures to hazards associated with lateral spreading, subsidence, or collapse. However, adherence to MM-OZ 4.5-1 and the CBC would ensure that this impact would be less than significant. In compliance with Mitigation Measure MM-OZ 4.5-1, a Supplemental Geotechnical Investigation Report has been prepared for the Project by LGC Valley, Inc., dated December 16, 2021 (refer to Attachment C). The report noted that soils at the Project Site are not subject to Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
104 City Council 18 – 538 10/3/2023
hydro-consolidation settlement, but the normal settlement that occurs from placing a building on top of soil would occur. The report includes preliminary development standards that are specific to the Project to ensure no significant impacts related to geologic unit/soil instability would occur.

Thus, the Project would not result in any new or increased significant impacts related to geologic unit/soil instability beyond impacts already identified in the Certified EIR.

Expansive Soil
The Certified EIR concluded that future development under the Overlay Zone could be located on expansive soil. However, implementation of Mitigation Measure MM-OZ 4.5-2 would reduce this impact to a less-than-significant level. In compliance with Mitigation Measure MM-OZ 4.5-2, testing for expansive soils was conducted as part of the Supplemental Geotechnical Investigation Report prepared for the Project by LGC Valley, Inc., dated December 16, 2021 (refer to Attachment C). The report noted that some soils at the Project Site have high expansive potential.

The report includes preliminary development standards that are specific to the Project to ensure that no significant impacts related to expansive soil would occur. Thus, the Project would not result in any new or increased significant impacts related to expansive beyond impacts already identified in the Certified EIR.

Septic Tanks
The Certified EIR concluded that new development would connect to the existing sewer system and would not use septic tanks. No impacts would occur. The Project would connect to the City’s existing sewer system and would not require the use of septic tanks or alternative wastewater disposal systems. Thus, the Project would not result in any new or increased significant impacts related to expansive soils beyond impacts already identified in the Certified EIR.

Paleontological Resources
The Certified EIR concluded that implementation of the Overlay Zone has the potential to directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature, and this impact would be less than significant with implementation of Mitigation Measure MM-OZ 4.4-4.

The Project would include excavation beyond 10 feet below ground surface and would be required to implement Mitigation Measure MM-OZ 4.4-4 from the Certified EIR, requiring certain actions in the event that a potential resource is encountered during Project construction. Thus, the Project would not result in any new or increased significant impacts related to paleontological resources beyond impacts already identified in the Certified EIR.

4.7.3 Any substantial changes in circumstances involving new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
No substantial changes in the circumstances related to geology and soils have occurred and no areas that are susceptible to geology and soil impacts have been identified within the vicinity of the Project Site since the certification of the Certified EIR that would result in new or more severe significant environmental impacts.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
105 City Council 18 – 539 10/3/2023

4.7.4 Any new information of substantial importance that demonstrates that the Project would result in new significant impacts or substantial increase in the severity of significant impacts?
There is no new information of substantial importance that has become available relative to geology and soils that would result in new or more severe significant environmental impacts.

4.7.5 Mitigation Measures Addressing Impacts
The Project would implement Mitigation Measures MM-OZ 4.5-1, MM-OZ 4.5-2, and MM-OZ 4.4- 4 from the Certified EIR

4.7.6 Conclusion
Based on the above, no new significant geology and soils impacts or a substantial increase in previously identified geology and soils impacts would occur as a result of the Project. Therefore, the impacts to geology and soils do not meet the standards for a subsequent or supplemental EIR pursuant to Public Resources Code Section 21166 or CEQA Guidelines Section 15162.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
106 City Council 18 – 540 10/3/2023

4.8 Greenhouse Gas Emissions
Any Substantial Any Substantially
Changes
Involving New
Significant
Impacts or
Substantially
More Severe
Impacts?
Changed
Circumstances
Involving New
Significant Impact
or Substantially
More Severe
Any New
Information of Incorporates
Substantial
Importance?
Project
Impact
Issues (and supporting
Information Sources)
Determination
in EIR
Mitigation
Impacts? Measure(s)?
GREENHOUSE GAS EMISSIONS:

Would the project:
(a) Generate greenhouse
gas emissions, either
directly or indirectly, that
may have a significant
impact on the
NA
NA
NA
NA
NA
NA
NA
NA
No
No
environment?
(b) Conflict with an
applicable plan, policy or
regulation adopted for the
purpose of reducing the
emissions of greenhouse
gases?

4.8.1 Impact Determination in the EIR
Generate GHG emissions/Consistency with Plans, Policies, and Regulations The topic of GHG Emissions impacts was not included in the 2007 CEQA Guidelines, and as such, was not included in the Certified EIR’s analysis of the Overlay Zone’s potential impacts.

Since the approval of the Certified EIR, international agreements, as well as federal and state laws and regulations, have been adopted to reduce GHG emissions. However, recent California case law confirms that changes in the CEQA Guidelines only apply prospectively to CEQA documents that have not yet been circulated for public review and not to CEQA documents that rely on previously certified EIRs that complied with applicable CEQA requirements when publicly reviewed. The court in Olen Properties Corp. v. City of Newport Beach (2023) 93 Cal.App.5th 270 recognized that impacts known of and understood at the time the EIR was certified do not constitute new information that would trigger recirculation. Both the existence of carbon dioxide and other greenhouse gases from fossil fuel combustion and other activities were known at the time the Certified EIR was approved. California is a recognized leader in reducing GHG emissions and addressing climate change, and has enacted scores of legal requirements mandating reductions in fossil fuel use for electricity generation, adopting fuel and fleet standards to reduce GHG emissions from the transportation sector, improve energy and water efficiency and conservation in buildings and landscaping, and require GHG emissions reductions from virtually all economic sectors from agriculture, to manufacturing, to oil production, to waste management.

Mitigation Measures
Not applicable.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
107 City Council 18 – 541 10/3/2023

4.8.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR?
As stated above, the topic of GHG Emissions impacts was not included in the 2007 CEQA Guidelines but is included in the current version of the CEQA Guidelines. Since the approval of the Certified EIR, international agreements, as well as federal and state laws and regulations, have been adopted to reduce GHG emissions. However, both the existence of carbon dioxide and other GHG emissions from fossil fuel combustion and other activities were known at the time the Certified EIR was approved. Therefore, a GHG analysis is not required for the Project.

Nevertheless, a detailed analysis of the Project’s GHG emissions impacts is included in Attachment D of this document. As summarized below, the Project would not result in any significant impacts related to GHG emissions.

Methodology
CEQA Guidelines Section 15064.4(a) assists lead agencies in determining the significance of the impacts of GHG emissions, giving them discretion to determine whether to assess impacts quantitatively or qualitatively. It calls for a good-faith effort to describe and calculate emissions.

This emissions inventory also demonstrates the reduction in a project’s incremental contribution of GHG emissions that results from regulations and requirements adopted as implementation efforts for these plans for the reduction or mitigation of GHG emissions. As such, it provides further justification that a project is consistent with plans adopted for the purpose of reducing and/or mitigating GHG emissions by a project and over time. The significance of a project’s GHG emissions impacts is not based on the amount of GHG emissions resulting from that project.

The City, SCAQMD, Office of Planning and Research (OPR), CARB, California Air Pollution Control Officers Association (CAPCOA), and other applicable agencies have not adopted a numerical threshold of significance for assessing impacts related to GHG emissions. As a result, the methodology for evaluating a project’s impacts related to GHG emissions focuses on its consistency with statewide, regional, and local plans adopted for the purpose of reducing and/or mitigating GHG emissions.

The analysis also calculates the amount of GHG emissions from the Project using recommended air quality models. The primary purpose of quantifying the Project’s GHG emissions is to satisfy CEQA Guidelines Section 15064.4(a). The estimated emissions inventory is also used to determine if there would be a reduction in the Project’s incremental contribution of GHG emissions because of compliance with regulations requirements adopted to implement plans for reducing or mitigating GHG emissions. However, the significance of the Project’s GHG emissions is not based on the amount of emissions from the Project as there is no adopted quantified threshold supported by substantial evidence.

Attachment D of this document contains a detailed explanation of the methodology underlying this analysis.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
108 City Council 18 – 542 10/3/2023
Project Emissions
In support of the consistency analysis below that describes the Project’s compliance with, or exceedance of performance-based standards included in the regulations and policies outlined in the applicable portions of the 2022 Scoping Plan, the 2020-2045 RTP/SCS, and the City’s Climate Action Plan (CAP), quantitative calculations are provided below.

The Project would generate direct and indirect GHG emissions as a result of different types of emissions sources, including the following:
• Construction: emissions associated with demolition of the existing uses, grading, and construction-related equipment and vehicular activity;
•
•
Area source: emissions associated with landscape equipment; Energy source (building operations): emissions associated with electricity and natural gas use for space heating and cooling, water heating, energy consumption, and lighting; • Stationary source: emissions associated with stationary equipment (e.g., emergency generators);
•
•
Mobile source: emissions associated with vehicles accessing the Project Site; Solid Waste: emissions associated with the decomposition of the waste, which generates methane based on the total amount of degradable organic carbon; and • Water/Wastewater: emissions associated with energy used to pump, convey, deliver, and treat water.

Construction Emissions
Project construction is anticipated to be completed in 2027 with occupancy the same year. The GHG emissions associated with construction of the Project were calculated for each year of construction activity. Construction of the Project is estimated to generate a total of 3,523 MTCO2e (refer to Table 12). As recommended by the SCAQMD, the total GHG construction emissions were amortized over the 30-year lifetime of the Project (i.e., total construction GHG emissions were divided by 30 to determine an annual construction emissions estimate that can be added to the Project’s operational emissions) in order to determine the Project’s annual GHG emissions inventory. This results in annual Project construction emissions of 117 MTCO2e.

Table 12
Combined Construction-Related Emissions (MTCO2e)
Year MTCO2e
a
2024 293
2025
2026
2027
773
1,517
940
Total 3,523
Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
109 City Council 18 – 543 10/3/2023
Amortized Over 30 Years 117
a CO2e was calculated using CalEEMod version 2022.1.1.14. Refer to Attachment D.

Source: DKA Planning, 2023.

Operation
Area Source Emissions
Area source emissions were calculated using the CalEEMod emissions inventory model, which includes landscape maintenance equipment, use of consumer products, and other everyday sources. As shown in Table 13, the Project would result in 19 MTCO2e per year from area sources.

Table 13
Annual GHG Emissions Summary (Buildout)a
(metric tons of carbon dioxide equivalent [MTCO2e])
Year MTCO2
a
Areab 19
Energyc (electricity and natural gas)
Mobile
Solid Wasted
Water/Wastewatere
Refrigerants
908
3,355
186
53 1
Construction 117
Total Emissions 4,639
CO2e was calculated using CalEEMod. a
b Area source emissions are from landscape equipment and other operational equipment only; hearths omitted.
c
d
e
Energy source emissions are based on CalEEMod default electricity and natural gas usage rates.

Solid waste emissions are calculated based on CalEEMod default solid waste generation rates.

Water/Wastewater emissions are calculated based on CalEEMod default water consumption rates.

Source: DKA Planning, 2023. Refer to Attachment D.

Electricity and Natural Gas Generation Emissions
GHG emissions are emitted because of activities in buildings when electricity and natural gas are used as energy sources. Combustion of any type of fuel emits CO2 and other GHG emissions directly into the atmosphere. When electricity is used in a building, the electricity generation typically takes place off-site at the power plant; electricity use in a building generally causes emissions in an indirect manner.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
110 City Council 18 – 544 10/3/2023
Electricity and natural gas emissions were calculated for the Project using the CalEEMod emissions inventory model, which multiplies an estimate of the energy usage by applicable emissions factors chosen by the utility company. GHG emissions from electricity use are directly dependent on the electricity utility provider. In this case, GHG emissions intensity factors for SCE were selected in CalEEMod. The carbon intensity (pounds per megawatt an hour [lbs/MWh]) for electricity generation was calculated for the Project buildout year based on SCE projections. A straight-line interpolation was performed to estimate the SCE carbon intensity factor for the Project buildout year. SCE’s carbon intensity projections also consider SB 350 RPS requirements for renewable energy.

This approach is conservative, given the 2018 chaptering of SB 100 (De Leon), which requires electricity providers to provide renewable energy for at least 60 percent of their delivered power by 2030 and 100 percent use of renewable energy and zero-carbon resources by 2045. SB 100 also increases existing renewable energy targets, called Renewables Portfolio Standard (RPS), to 44 percent by 2024 and 52 percent by 2027.

The 2022 Title 24 standards contain more substantial energy efficiency requirements for new construction, emphasizing the importance of building design and construction flexibility to establish performance standards that substantially reduce energy consumption for water hating, lighting, and insulation for attics and walls.

Energy use in buildings is divided into energy consumed by the built environment and energy consumed by uses that are independent of the construction of the building, such as in plug-in appliances. CalEEMod calculates energy use from systems covered by Title 24 (e.g., HVAC system, water heating system, and lighting system); energy use from lighting; and energy use from office equipment, appliances, plug-ins, and other sources not covered by Title 24 or lighting.

CalEEMod electricity and natural gas usage rates are based on the CEC-sponsored California Commercial End-Use Survey (CEUS) and the California Residential Appliance Saturation Survey (RASS) studies. The data are specific for climate zones; therefore, Zone 11 was selected for the Project Site based on the zip code tool.

As shown in Table 13, Project GHG emissions from electricity and natural gas usage would result in a total of 908 MTCO2e per year.

Mobile Source Emissions
Mobile-source emissions were calculated using the SCAQMD-recommended CalEEMod emissions inventory model. CalEEMod calculates the emissions associated with on-road mobile sources associated with residents, employees, visitors, and delivery vehicles visiting the Project Site based on the number of daily trips generated and VMT. Mobile source operational GHG emissions were calculated using CalEEMod and are based on the Project's VMT analysis.

The Project represents an infill development within an urbanized area that would concentrate mixed residential and commercial uses within an HQTA. The Project Site is in a dense mixeduse corridor with proximity to two OCTA local bus lines and the Metrolink Santa Ana station to the west. The Project would also incorporate characteristics that would reduce trips and VMT as Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
111 City Council 18 – 545 10/3/2023
compared to standard ITE trip generation rates. The Project characteristics listed below are consistent with the CAPCOA guidance document, Quantifying Greenhouse Gas Mitigation Measures, which provides emission reduction values for transportation related design techniques.

These techniques would reduce vehicle trips and VMT associated with the Project relative to the standard ITE trip generation rates, which would result in a comparable reduction in VMT and associated GHG emissions. Techniques applicable to the Project include the following (a brief description of the Project's relevance to the measure is also provided):

CAPCOA Measure LUT-1 - Increase Density: Increased density, measured in terms of persons, jobs, or dwelling units per unit area, reduces emissions associated with transportation as it reduces the distance people travel for work or services and provides a foundation for the implementation of other strategies, such as enhanced transit services.

CAPCOA Measure LUT-3 - Increase Diversity of Urban and Suburban Developments (Mixed-Use): The Project would introduce new uses on the Project Site, including new residences and retail uses. The increases in land use diversity on the Project Site would reduce vehicle trips and VMT by encouraging visitors to walk and use non-automotive forms of transportation (i.e., public transit, biking), which would result in corresponding reductions in transportation-related emissions.

CAPCOA Measure LUT-4 - Increase Destination Accessibility: The Project Site is in a dense corridor, which is easily accessible by public transportation. Access to multiple destinations, and commercial and retail uses in proximity to the Project Site would reduce vehicle trips and VMT compared to the statewide average and encourage walking and non-automotive forms of transportation and would result in corresponding reductions in transportation-related emissions because of the Project.

CAPCOA Measure LUT-5 - Increase Transit Accessibility: The Project would be located near two OCTA bus routes and the Metrolink Santa Ana station. The Project would also provide bicycle parking spaces to encourage utilization of alternative modes of transportation.

CAPCOA Measure LUT-9 - Improve Design of Development: The Project would enhance the pedestrian and bicycle environment through an attractive open space component and improved sidewalk and streetscape, which would enhance walkability in the Project vicinity. The Project would also locate a development with a high level of street access, which improves street accessibility and connectivity.

CAPCOA Measure SDT-2 - Traffic Calming Measures: Providing traffic calming measures encourages people to walk or bike instead of using a vehicle. This mode shift results in a decrease in VMT. Streets within a half mile of the Project Site are equipped with sidewalks, and several of the intersections include marked crosswalks and/or countdown signal timers that calm traffic.

CalEEMod calculates VMT based on the type of land use, trip purpose, and trip type percentages for each land use subtype in the project (primary, diverted, and pass-by). As shown in Table 13, the Project GHG emissions from mobile sources would result in a total of 3,355 MTCO2e per Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
112 City Council 18 – 546 10/3/2023
year. This estimate reflects reductions attributable to the Project's characteristics (e.g., infill project near transit that supports multi-modal transportation options), as described above.

Solid Waste Generation Emissions
Emissions related to solid waste were calculated using the CalEEMod emissions inventory model, which multiplies an estimate of the waste generated by applicable emissions factors provided in Section 2.4 of the USEPA’s AP-42, Compilation of Air Pollutant Emission Factors. CalEEMod solid waste generation rates for each applicable land use were selected for this analysis. As shown in Table 13, the Project scenario is expected to result in a total of 186 MTCO2e per year from solid waste that accounts for a 50-percent recycling/diversion rate.12 Water Usage and Wastewater Generation Emissions
GHG emissions are related to the energy used to convey, treat, and distribute water, and treat wastewater. Thus, these emissions are generally indirect emissions from the production of electricity to power these systems. Three processes are necessary to supply potable water; these include (1) supply and conveyance of the water from the source; (2) treatment of the water to potable standards; and (3) distribution of the water to individual users. After use, energy is used as the wastewater is treated and reused as reclaimed water.

Emissions related to water usage and wastewater generation were calculated for the Project using the CalEEMod emissions inventory model, which multiplies an estimate of the water usage by the applicable energy intensity factor to determine the embodied energy necessary to supply potable water. GHG emissions are then calculated based on the amount of electricity consumed multiplied by the GHG emissions intensity factors for the utility provider. In this case, embodied energy for Southern California supplied water and GHG emissions intensity factors for SCE were selected in CalEEMod. Water usage rates were calculated consistent with the requirements under the 2022 California Plumbing Code (which is based on the 2021 Uniform Plumbing Code), 2022 CALGreen, and reflect an approximately 20-percent reduction as compared to the base demand.

As shown in Table 13, Project GHG emissions from water/wastewater usage would result in a total of 53 MTCO2e per year, which reflects a 20-percent reduction in water/wastewater emissions consistent with building code requirements as compared to the Project without sustainability features related to water conservation.

Refrigerants
Emissions related to cooling structures and refrigeration needs were calculated using the CalEEMod emissions inventory model. As shown in Table 13, the Project scenario is expected to result in a total of one MTCO2e per year from use of refrigerants that used HFCs and have high GWP values.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
113 City Council 18 – 547 10/3/2023
Combined Construction and Operational Emissions
As shown in Table 13, when taking into consideration implementation of project design features, including the requirements set forth in the City’s Green Building Code and the full implementation of current state mandates, the GHG emissions for the Project would equal 117 MTCO2e annually (as amortized over 30 years) during construction.

Consistency with Applicable Plans and Policies
The discussion below describes the extent to which the Project is consistent with or exceeds the performance-based standards included in the regulations outlined in the 2022 Climate Change Scoping Plan, the 2020-2045 RTP/SCS, and the City’s CAP. As discussed below, the Project would be substantially consistent with all applicable plans, policies, and regulations related to reduction of GHG emissions. This consistency analysis is provided for informational purposes only given that, although GHG emissions impacts were known and recognized when the City adopted the Certified EIR, these GHG emissions reduction plans and policies did not exist at that time.

Statewide: 2022 Climate Change Scoping Plan
The goal to reduce GHG emissions to 1990 levels by 2020 (Executive Order S-3-05) was codified by the Legislature as the 2006 Global Warming Solutions Act (AB 32). In 2008, CARB approved a Climate Change Scoping Plan as required by AB 32 that has been updated over time to reflect updated strategies. In addition, SB 32 was approved in 2016, calling for deeper GHG emissions reductions by 2030. The 2022 Climate Change Scoping Plan addresses the 2030 horizon but also addresses the objective of carbon neutrality by 2045 and has a range of GHG emissions reduction actions that include direct regulations, alternative compliance mechanisms, monetary and nonmonetary incentives, voluntary actions, market-based mechanisms such as a cap-and-trade system, and an AB 32 implementation fee to fund the program. The following discussion demonstrates how the pertinent reduction actions relate to and reduce project-related GHG emissions.

Table 14 evaluates the Project’s consistency with applicable reduction actions/strategies by emissions source category outlined in the 2022 Climate Change Scoping Plan Update. When compared to SB 32, the Project would be substantially consistent with its objectives and the GHG reduction-related actions and strategies of the 2022 Scoping Plan. Table 14 confirms that the Project is consistent with the Scoping Plan’s focus on increasing renewable energy use, putting more electric cars on the road, and improving energy efficiency. Although a number of these strategies are currently promulgated, some have not yet been formally proposed or adopted. It is expected that these measures or similar actions to reduce GHG emissions will be adopted as required to achieve statewide GHG emissions targets.

Independent studies confirm CARB’s determination that the state’s existing and proposed regulatory framework will put the state on a pathway to reduce its GHG emissions level to 40 percent below 1990 levels by 2030, and to 85 percent below 1990 levels by 2045 to meet carbon neutrality objectives if additional appropriate reduction measures are adopted. Even though these studies did not provide an exact regulatory and technological roadmap to achieve the 2030 and Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
114 City Council 18 – 548 10/3/2023
2050 goals, they demonstrated that various combinations of policies could allow the statewide emissions level to remain very low through 2045, suggesting that the combination of new technologies and other regulations not analyzed in the studies could allow the state to meet the 2045 target.

Cabrillo Town Center City of Santa Ana
Technical Memorandum August 2023
115 City Council 18 – 549 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies Statutes, Executive Orders, Other Direction Project Consistency Analysis No Conflict. The Project
represents an infill development
within an urbanized area that would
concentrate new residences and
jobs within an HQTA and reduce
per capita VMT and GHG
emissions. The Project would be
consistent with SB 375 and its VMT
reduction goals, as well as the
GHG emissions and transportation
goals of the 2020-2045 RTP/SCS.

No Conflict. Emissions from
vehicle engines from the Project
would be regulated by State
regulations governing technology
and cleaner emissions.

VMT per capita reduced 25%
below 2019 levels by 2030, and
30% below 2019 levels by
2045
Smart
Vehicle
Traveled (VMT)
Growth /
SB 375: Reduce demand for fossil
transportation fuels and GHG Miles
EO N-79-20: Reduce demand for fossil
transportation fuels and GHGs and improve
air quality.

In November 2022, the Advanced Clean Cars
II regulations took effect, setting ZEV and
plug-in hybrid vehicle sales requirements for
model years 2026 to 2035 (ZEV program)
Light-duty
(LDV) Zero Emission
Vehicles (ZEVs)
Vehicle 100% of Light Duty Vehicle
sales are ZEV by 2035
and increasingly stringent emission
standards (LEV program) to ensure
automakers phase out sales of internal
combustion engine vehicles.

EO N-79-20: Reduce demand for fossil
transportation fuels and GHGs and improve
air quality.

No Conflict. While the Project
would not generate substantial
medium- and heavy-duty truck
traffic, it would not impede the
advancement of cleaner trucks
over time.
100% of medium-duty CARB’s Advanced Clean Truck Regulation accelerates the transition of zero-emission
medium- and heavy-duty vehicles from 2024
to 2035.
(MDV)/HDV sales are ZEV by
2040 (AB 74 University of Truck ZEVs California Institute of Transportation Studies [ITS]
report) CARB also adopted the Innovative Clean
Transit measure in 2018 that requires all
public transit agencies to transition to zero
emission fleets.

Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
116 City Council 18 – 550 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies Statutes, Executive Orders, Other Direction Project Consistency Analysis No Conflict. This strategy focuses
on industry availability of clean fuel
alternatives over time. The Project
would not impede the advancement
of a cleaner aviation industry over
time.
20% of aviation fuel demand is
met by electricity (batteries) or
hydrogen (fuel cells) in 2045.

Sustainable aviation fuel meets
most or the rest of the aviation
fuel demand that has not
CARB focuses on reducing emissions from
ground support equipment and airport transit
vehicles. It is also working with national and
international entities to tighten aircraft
emission standards.

Aviation
AB 197: direct emissions reductions for
sources covered by the AB 32 Inventory already transitioned to hydrogen or batteries.

AB 197: direct emissions reductions for sources No Conflict. While the Project 2020 OGV At-Berth regulation fully implemented, with most
Ocean-going Vessels OGVs utilizing shore power by
covered by the AB 32 Inventory would not directly impact trade or OGVs, it would not impede the
In 2015, Executive Order B-32-15 called. For a advancement of a cleaner on- or less polluting freight transport system that off-shore sources over time. addressed OGVs, transport refrigeration units,
(OGVs) 2027. 25% of OGVs utilize
hydrogen fuel cell electric
technology by 2045. and clean trucks.

Executive Order N-79-20: Reduce demand for No Conflict. While the Project petroleum fuels and GHGs and improve air would not directly impact trade or quality. AB 197: direct emissions reductions for port operations, it would not impede 100% of cargo handling equipment is zero-emission by
2037. 100% of drayage trucks
are zero emission by 2035.
sources covered by the AB 32 Inventory. the advancement of a cleaner onPort Operations shore sources over time.

In 2015, Executive Order B-32-15 called. For a
less polluting freight transport system that
addressed OGVs, transport refrigeration units,
and clean trucks.

No Conflict. While the Project
would not directly impact freight or
passenger rail, it would not impede
the advancement of a cleaner
locomotives over time.
100% of passenger and other
locomotive sales are ZEV by
2030. 100% of line haul
and locomotive sales are ZEV by
2035. Line haul and passenger
rail rely primarily on hydrogen
fuel cell technology, and others
primarily utilize electricity.

AB 197: direct emissions reductions for sources
covered by the AB 32 Inventory
Freight
Passenger rail In 2015, Executive Order B-32-15 called. For a less polluting freight transport system that
addressed OGVs, transport refrigeration units,
and clean trucks.

The Project’s land uses would not
include freight transportation or
warehousing that would be subject
to the California Sustainable
Freight Action Plan. Therefore, the
Project would not interfere or
Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
117 City Council 18 – 551 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies Statutes, Executive Orders, Other Direction Project Consistency Analysis impede the implementation of the
Sustainable Freight Action Plan.

No Conflict. While the Project
would not directly impact oil Reduce oil and gas extraction operations in line with
petroleum demand by 2045.

Oil and
Extraction
Gas AB 197: direct emissions reductions for sources extraction, it would help reduce covered by the AB 32 Inventory demand for petroleum products from energy, area, and mobile
sources.

No Conflict. While the Project
would not directly impact oil
extraction, it would help reduce
demand for petroleum products
that require refining.

CCS on majority of operations
by 2030, beginning in 2028
Production reduced in line with
petroleum demand.

AB 197: direct emissions reductions for sources
covered by the AB 32 Inventory Petroleum Refining
Sector GHG target of 38
MMTCO2e in 2030 and 30
MMTCO2e in 2035. Retail
sales load coverage 20
No Conflict. The Project would not
directly impact the sources of
electricity generation. SB 350 and SB 100: Reduce GHGs and improve air quality. AB 197: direct emissions
reductions for sources covered by the AB 32
Inventory
Electricity Generation gigawatts (GW) of offshore
wind by 2045. Meet increased
demand for electrification
without new fossil gas-fired
resources.

No Conflict. The Project would
incorporate appliances that are
consistent with Title 24 and Green
All
beginning 2026 (residential)
New Residential and and 2029 (commercial), AB 197: direct emissions reductions for sources electric appliances
Building requirements and Commercial Buildings contributing to 6 million heat covered by the AB 32 Inventory consistent with the reduction of residential and commercial energy
use.
pumps installed statewide by
2030.
80% of appliance sales are
electric by 2030 and 100% of
appliance sales are electric by
2035. Appliances are replaced
at end of life such that by 2030
there are 3 million all-electric
and electric-ready homes—
No Conflict. The Project would
comply with Title 24 and Green
Building requirements
construction and any future retrofit
or appliance replacement
requirements.
during Existing Residential
Buildings
AB 197: direct emissions reductions for sources
covered by the AB 32 Inventory
Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
118 City Council 18 – 552 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies Statutes, Executive Orders, Other Direction Project Consistency Analysis and by 2035, 7 million homes—
as well as contributing to 6
million heat pumps installed
statewide by 2030.
80% of appliance sales are
electric by 2030, and 100% of
appliance sales are electric by
2045. Appliances are replaced
at end of life, contributing to 6
million heat pumps installed
statewide by 2030.

No Conflict. While the Project is
not an existing commercial
development, it would not interfere
with any future requirements to
retrofit commercial appliances.

Existing Commercial
Buildings
AB 197: direct emissions reductions for sources
covered by the AB 32 Inventory

7.5% of energy demand No Conflict. The Project would not electrified
indirectly by 2030; 75% by
2045
directly and/or AB 197: direct emissions reductions for sources directly impact sources of energy covered by the AB 32 Inventory for food production. Food Products AB 197: direct emissions reductions for sources No Conflict. The Project would not 25% of energy demand electrified by 2030 and 75%
electrified by 2045
Construction
Equipment
covered by the AB 32 Inventory impact the production and availability of electrified
construction equipment.

Electrify 0% of boilers by 2030 AB 197: direct emissions reductions for sources No Conflict. The Project would not and 100% of boilers by 2045.

Hydrogen for 25% of process
heat by 2035 and 100% by
2045 Electrify 100% of other
energy demand by 2045.
covered by the AB 32 Inventory directly impact the sources of energy for boilers. Chemicals and Allied
Products; Pulp and
Paper
CCS on 40% of operations by
2035 and on all facilities by
SB 596: Reduce demand for fossil energy, No Conflict. The Project would not process emissions, and GHGs, and improve air directly impact the sources of Stone, Clay, Glass, and Cement 2045 Process emissions quality. energy for stone, clay, glass, and reduced through alternative
materials and CCS
AB 197: direct emissions reductions for sources cement facilities. covered by the AB 32 Inventory
No Conflict. The Project would not
directly impact the sources of
energy for industrial facilities.

Other
Manufacturing
Industrial 0% energy demand electrified AB 197: direct emissions reductions for sources by 2030 and 50% by 2045 covered by the AB 32 Inventory
Facilities retire by 2040.

AB 197: direct emissions reductions for sources No Conflict. The Project would not Combined Heat and Power covered by the AB 32 Inventory affect facilities that produced heat and power.

Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
119 City Council 18 – 553 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector
Agriculture
Actions and Strategies
25% energy demand
electrified by 2030 and 75% by
2045
Statutes, Executive Orders, Other Direction
AB 197: direct emissions reductions for sources No Conflict. The Project would not covered by the AB 32 Inventory
Project Consistency Analysis
Energy affect directly agricultural sources
of energy. Use
AB 197: direct emissions reductions for sources No Conflict. This regulatory covered by the AB 32 Inventory program applies to fuel suppliers, not directly to land use
In November 2022, the Advanced Clean Cars II development. GHG emissions regulations took effect, setting low emission related to vehicular travel standards for transportation. associated with the Project would benefit from this regulation
because fuel used by Projectrelated vehicles would be required to comply with the LCFS. Mobile
source GHG emissions estimates
were calculated using CalEEMod
that includes implementation of the
LCFS into mobile source emission
factors. The current LCFS targets a
20% reduction in CI from a 2010
baseline by 2030.

Biomass supply is used to
Low Carbon Fuels for produce conventional and
Transportation advanced biofuels, as well as
hydrogen.

GHG emissions generated by
Project-related vehicular travel
would benefit from the Advanced
Clean Cars Program.

SB 350: The Clean Energy and Pollution No Conflict. The Project would Reduction Act of 2015 increases the standards comply with this this action/strategy of the California RPS program by requiring that being located within the Southern the amount of electricity generated and sold to California Edison (SCE) and retail customers per year from eligible Southern California Gas (SCG) renewable energy resources be increased to service areas and would comply 50 percent by 2030. Required measures with CalGreen and Title 24 energy include increasing RPS to 50 percent of retail efficiency standards. SCE must sales by 2030, establishing annual targets for generate electricity that would In 2030s biomethane blended
in
hydrogen blended in fossil gas
Low Carbon Fuels for pipeline at 7% energy (~20%
pipeline Renewable
Buildings
Industry
and by volume), ramping up
between 2030 and 2040 In
2030s, dedicated hydrogen
pipelines constructed to serve
certain industrial clusters statewide energy efficiency that achieve a increase renewable energy cumulative doubling of statewide energy resources to 33 percent by 2020 Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
120 City Council 18 – 554 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies Statutes, Executive Orders, Other Direction Project Consistency Analysis efficiency savings in electricity and natural gas and 50 percent by 2030. As SCE end uses by 2030. would provide electricity service to
the Project Site, by 2030 the
SB 100: The California Renewables Portfolio Project would use electricity Standard Program (2018) requires retail sellers consistent with the requirements of to procure renewable energy that is at least 50 SB 350. With regard to gas service, percent by December 31, 2026 and 60 percent SCG has committed to achieving by December 31, 2030. It requires local publicly net zero GHG emissions in its owned electric utilities to procure a minimum operations and delivery of gas by quantity of electricity from renewable energy 2045. This would be accomplished resources of 44 percent of retail sales by with clean fuels and hydrogen December 31, 2024 and 60 percent by technology, renewable natural gas, December 31, 2030. and hydrogen blends.

As required under SB 350, doubling
of the energy efficiency savings
from retail customers by 2030
would primarily rely on the existing
suite of building energy efficiency
standards under CCR Title 24, Part
6 (consistency with this regulation
is discussed below) and utilitysponsored programs such as rebates for high-efficiency
appliances, HVAC systems, and
insulation.

Increase landfill and dairy
digester methane capture.

Some alternative manure
management deployed for
SB 1383 (2016) requires CARB to set 2030 No Conflict. This program applies emission reduction targets of 40 percent for to State regulators looking to methane and hydrofluorocarbons and 50 reduce methane emissions from percent black carbon emissions below 2013 landfill and dairy facilities and is not levels. The Project would comply with the directly related to development of CARB SLCP Reduction Strategy by using the Project. However, the Project HVAC equipment with lower GWP refrigerants. would not interfere or impede efforts to reduce such pollutants.
smaller dairies Moderate Non-combustion
Methane Emissions adoption of enteric strategies
by 2030 Divert 75% of organic
waste from landfills by 2025.

Oil and gas fugitive methane
emissions reduced 50% by
2030 and further reductions as
Cabrillo Town Center
Technical Memorandum
City of Santa Ana
August 2023
121 City Council 18 – 555 10/3/2023
Table 14
Consistency Analysis—2022 Climate Change Scoping Plan
Sector Actions and Strategies
infrastructure components
Statutes, Executive Orders, Other Direction Project Consistency Analysis retire in line with reduced fossil
gas demand
SB 605 (2014) directed CARB to develop a No Conflict. This program applies comprehensive Short-Lived Climate Pollutant to State regulators looking to Low
High GWP Potential introduced
Emissions electrification
GWP refrigerants
building
increases,
(SLCP) strategy. reduce high GWP refrigerants and
is not directly related to
development of the Project.

However, the Project would not
interfere or impede efforts to
reduce such pollutants.
as
mitigating HFC emissions
Conserve 30% of the state’s
NWL and coastal waters by
2030. Implement near- and
No Conflict. This program applies
to State regulators governing
Natural and Working Lands and is
not directly related to development
of the Project. However, the Project
would not interfere or impede
implementation of the Integrated
Natural and Working Lands
Implementation Plan, EO N-82-20,
SB 27, or SB 1386.
long-term actions to EO N-82-20 and SB 27: CARB to include an NWL target in the Scoping Plan. AB 1757:

Establish targets for carbon sequestration and
nature-based climate solutions.
accelerate natural removal of
carbon and build climate
Natural and Working resilience in our forests,
Lands wetlands, urban greenspaces,
agricultural soils, and land
conservation activities in ways
that serve all communities—
and in particular low-income,
SB 1386: NWL are an important strategy in
meeting GHG reduction goals.
disadvantaged, and
vulnerable communities.