The URL can be used to link to this page

Home My WebLink About FULL PACKET_2005-02-07 Icp 1/31/05 ORDINANCE NO. NS-2674 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SECTION 1-8 OF THE SANTA ANA MUNICIPAL CODE TO GRANT THE CITY ATTORNEY DISCRETION TO PROSECUTE CRIMINAL VIOLATIONS OF THE CODE AS MISDEMEANORS OR INFRACTIONS THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Currently, except where otherwise noted, all criminal violations of the Santa Ana Municipal Code are prosecuted as misdemeanors. The Council desires to give the City Attorney discretion to determine whether violations of the Santa Ana Municipal Code should be criminally prosecuted as misdemeanors or infractions. B. All provisions of the Santa Ana Municipal Code that are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 1-8 of the Santa Ana Municipal Code is hereby amended to grant the City Attorney discretion to prosecute a violation of the Code as a misdemeanor or an infraction, such that it reads as follows: Sec. 1-8. Violations - General penalty; continuing violations; adjudging fines and imprisonment; alternative enforcement. Unless otherwise specifically stated in this Code, it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code and where no specific penalty is provided therefore in this Code, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. However, any such violation constituting a misdemeanor under this Code may, at the 11 A-1 Ordinance No. NS-XXX Page 1 of 3 discretion of the City Attorney, be prosecuted as an infraction. Each day any violation of any provision of this Code shall continue shall constitute a separate offense. As an alternative enforcement method, violations of this Code may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of sections 1-21.1 through 1-21.9 shall not prevent the use of other methods of enforcement or abatement as provided by this Code. Such methods include but are not limited to criminal and civil actions. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney Ordinance No. NS-XXX Page 2 of 3 11 A-2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2674 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A-3 Ordinance No. NS-XXX Page 3 of 3 11A-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2004 \" 'P- t2~~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file. DISCUSSION In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January I, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: Type of investments; Date of maturity; Par and dollar amounts invested in each security; Weighted average maturity of the investments; Market value as of the date of the report; Source of the market value information; and Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2004. 19C-1 Quarterly Report of Investments As of December 31, 2004 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~t\.t<'\t'~~r-~ \\.~ft.. Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2004 EXHIBIT 1 19C-3 - C ca CD ~~ cEcao <(CDE~ S ~ E cC::Jr; cacaCl)... CI):EoCD .c '0.20 E ~o~B .- ~ 0 CD 000..0 a.. u :i I- > o ...,. co 0) a ~ ;11; ;;; ~ ~ N N N N .s~ en .... ,.,:::> ..... c::i1l u:; g ~ ffi N en E Ql I- '" .... ll) '" "!. '0.9 ex; ~ ~ 0> g ~o ex) u; c:i ..0 c:i . :e ~ '" '<t o lL ~~a;~~r:::~ ~~ M ~ m c:i ~ ;J; "f"" ID ..- ('I') ci ci a:i ct'f cD OJ ~ m ;r; In ci 00- a:i N '" '<t.... "'Ql Ql:::> "'- ...... ::i1l> a; g M c:i u:; ~ ~- N .... ci ctJ- '" o 0 ll) '" N '<t M cD a> en '" co co ...,.~ 00 g CD ~~ .... .... ~ a:i ('.1- '<t .... i~a;gggg Q.- ('I) d d d 0 ~;ngggg ooo~O)-ai 00 ~ b; ~ 00 000- 00- M '" '<t.... J!l I: Gl E - rn ~ .5 <Il U) ~ Ui .~ .t: U) 0 ~ :J -guoai ~ ~ ~ ~ c . C ::::J ~ lil 8. R Ui C5 5 .~ ~ Cii u 0 Eg-(;'(;'<Il c> a.. c: c: .g. c:'iU8,8,(i5 :g, 'i:! <( <( ~ ~ ~ ~ ~ ijl <.) E CIl CIl .. .98~~~ '<t '<t N ~ on 'It CD N N Q) 'It ... ... CO 'It ~ o o o c:i o ... ,.. Q) ~ CO <>> ; o CD ... CD ,.. ..r CD CD N' ;:Ii o CD ... ... CO M ... II) <>> o 11). ... CD ... o 'It o CD o N d N N ~ N '<t ll) on co ll) N N N '<t ll) on co ll) N N N '<t ll) on co ll) N Ul J!l <:: I: o Gl 16 .5 a rn ~ ~ .5 Q) 'It ... ... co 'It Q) o ...: Q) CO') ..; CO') o M CD ... CO co cD o N <>> N ... M CD ... CO') Q) .,; II) o ..; Q) o ..; CD ... J!l I: Gl E - rn Gl > .5 Cl:!2 ~,~ -g ~ ai.s "" c .r:; '0 s:. '2 ~ ~ III :a s:..8~O w III :ll~ ~ ~ o ~f9C-4 Cl I: '6 I: W s:. - I: o ::IE "if!. (J) ... co o ,.. 0 r...: N N ..... 0 <0 II) r.OtD It) II) N ... iii 'It ... ... CO') ... ~! E Gl o Gl C I: Gl ... o :l :i a; iii 0:: m '0 ~.! m ~ ~ ~ Gl ~ C C) ':,Q ~ l! 0 :; ~ ~ U -< w - ~Q; iii Ol .c E ~.9 CQ)O 0:0.>0:: "0 III lii ~~Ill J!l III I: <:: iJ' ,2 Ol c: c: EOl=> U) 0)10 Gl<( > _ Ul ,5 ~ ,~ "OEc: Ol Q. Ol O..QUl OQ)Ui Q. iii _2 III "0 Ul & ~ ~~l1 ~ '~ "E >-E~ 2 ~ Ul ~ c..> ~ oOlu al:5Ol -o-g~ lii III Ol _ III :::> :>.c:0 .~ <( :5 o III "0 a. 1: Ol ~ ~.~ Eo~ 8l~~ >um .= Q) f/) ~ :5 g <( J!i :2 ~ ~ 5- IllEQ; enU)~ o ~ (ij ~,5 :::!: Oel!? Q)b~ :5~~ .c :::> Ul ~g:o flg~ c-02 ~ 5l ~ Q.IllO ~1ll:C o g- c:"O~ .- .g Ui ,!!1 Ol III -oa.m C:OlO III c: :>. ~'Elii 10 Q. Ol co ~ 'E en .!!! (ij -g:5.o ~,~ i ~::;"C "0 0 III :>. E en g ,~ .S: Q) VJ c: 5J' -Olx ,2 ...... rocc E~~ 2 a. "- .S: ~ 2 ~a;~U) ':; al OlE :::> go::Ol~ ~ ~'5 ~ ~CC"_ _ ::3 Q) f/) E .... Ol iiiE~3: UlO:::>>- ,~ U :g z "CQ)ccc 0:58.-0 o"Oxl: ~c:OlIll o III "0 III a. b ~ 'E ~O~2 ~Ol-g~ 1-:5..oU <(a. enu o u ,2 ~ o a. NO 00 C"!ui ~ Q) w> ~8. 0:: Q) ~o:: en i a. I u. 0:: ~ ::;: a. N ~ (jj :;::; :::> (!) o o Ul '0 c: l! u.. I/) - c::: CD E - n:I I/) C Q) <( ~ n:I-o C Q) n:le; CI) 0 ....0.. o >-..J :!::o 00 a.. -0 c::: :J U- -o~ c:::o :Jo U-N >- ,c~ I/)M - ... c::: Q) Q)'c E E -I/) Q) (J Q) Q) ~o 0>- t-=E en :::> >-1;j .3~ ~.! '~g 1;j ~ 0'" _<D ~.., I- >- ... Ql C:1;j ~o:: :::> o ~ ~I- 00 _<D ~.., I- > ~ !I ~ ~ ~I ~ o 0 '<t '<t '<I: '<I: Ql :::> fti > II ~ CO ~ en g cO ~ ll) ll) CO CO C'i"': '<t (") '<t .... ricD ~ ~ Ql :::> ~ :;; lL Ql :::> fti > '" o o III Ql Ql '" fti ~C <> ~ lL ... Ql :::> en .!!! 'U: ... c: Ql E t;j Ql > .E III "'C C ::;, u.. - c c>> E 'Iii c>> > .E >. CJ c c>> Cl <l: iii CJ o ..J lL iii ::J U m 8 cO ~ ll) ll) CO CO N""': '<t (") '<t .... ricO ~ 0; ~ cO ~ It') ll) CO CO N""": '<t '" '<t .... ~- ~ (") '" o 0 o 0 ~ ~ o e ~ '<t o 0 "0 "0 " " ::l ::l U. u. 1: 1: III III E E 1ii U) ~ ~ .E .E ~ ~ " " Ql Ql JfJf Cii Cii <> <> o 0 ...J ...J ~ ~ o 0 u. u. ~ ~ ~ ~ o 0 u. u. ~ ~ ;j!; Mlli: ll) ll) o 0 o 0 N C:! ~ .... N 0 N N o 0 ~ ~I ~ ~ ~I ~ N N N o 0 (") CO (") (") N N - Q) ..; - Itl o Q) - o '" 8 8 c:i c:i ~ 0 ,tf cD .... '<t Ol ..... ID - Q) ..; - Itl o Q) - o .., o 0 o 0 c:i 0 o 0 o 0 00 o ll) ~ f'--_ - Q) ..; ;;; o Q) - o .., en (") CO CO cO ..0 N N CO It') ~ Li) .... '<t ~ r--._ Ql Cl l! Ql ~ 'tl c: CO fti '0 :D :::> Ul ;g '<t o 8 N N o (3 t! t! N N ~ ~ 0.. lr o o lL <l: o ~ lL I- lr o 0 w 0 ...J 0 W W ...J ...J ~ ~ W lr Z <l: W :x: " (f) 'Iii o (J - ~ U III i:5 ... c>> Co l'lI Q. iii 'Cj ... c>> ~ o (.) CO ll) CO CO (") (") o 0 ~ '<t .... o .... lL lL :x: 0 Ol en ll) CO Ol Ol ~ <<.; ~ ~ ~ ~ ~ ~ ~ m ~ ~ w ~ ~ ~ ~ 0 ~ ~ ~ ~ m f'--~~~f'--~~~~~mf'--~vf'--~~~~~~ g 8 g 8 8 8 8 8 8 8 8 8 g 888 g 8 8 g 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ a ~ ~ ~ o ~ ~ ~ ~ eco N ~ ~ N 0 ~ N N e ~ ~ ~ ~ ~ 8 8 N ~ 0 ~ 0 ~ 0 0 ~ 8 0 8 ~ 0 0 0 c 0 ~ o M 0 N 8 m 0 N W 0 ~ 0 0 MOO 0 0 ~ ~ 0 ~ ~ 8 0 ~ ~ ~ a ~ ~ ~ ~ ~ N ~ 0 ~ ~ ~ ~ 0 N ~ ~ N N N N N N N N M ~ N N M N N N M M !~~*~~~~~~~~!~~~~~~~~ o 0 000 ~ 0 ~ 0 0 000 0 0 0 0 0 ~ 0 0 ~ ~ 8 8 ~ ~ ~ ~ 8 8 ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ 0 N M ~ N N N N N M M N M ~ N N M N N N M M o o Q .., ClI. - N ... <Ii ~ 8 g g 8 8 g g g g g g g g g g g ~ g M ci ci c:i c:i ci c:i ci c:i ci c:i c:i c:i c:i ci c:i c:i cO ci &1_(0 a; ~~ g ~ ~ ~ ~ co c;; r2 ~ ~_~_~_~ ~ o~~m~~m~~~~gg~m~m~m ~m~~mmm~mmm~~mm~~m~ o 0 o 0 c:i c:i ll) co N~ 00_ o a; 0_ m~ o o .. o o o It) .... <Ii 8 g 8 g g g 8 g 8 8 8 8 g 888 g 8 8 g g c:i c:i c:i c:i ci ci c:i ci ci ci ci ci ci c:i ci c:i c:i c:i c:i c:i ci o 000 0 000 0 000 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000000000 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 000 ~~~~~~~~~~~~~~~~~m~~~ N ... ;i - o N ... <Ii 8 888 8 8 8 li: g 888 8 8 8 8 8 8 8 8 8 g 8 g g g g g ~ ~ g ~ g g ~ g g g g g ~ g o ~ 0 moo 0 0 W 0 00 0 0 ~ 0 000 0 ~ 0 ~~g~ggg~~g~ggmgggggmg ~m~~q~~~m~m~~m~~~m~mo N N N Ql Cl co ; ~ 'tl c: co fti '0 :D :::> Ul ~ ~ ~ ~ ~ M ~ M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 8 g 8 8 8 g g 888 8 8 8 g 8 8 8 888 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c c c c c c c c c c c c c c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i i i i i i i i i i i i i i i i i ~ ~ ~ 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u. u. u. :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: :x: m ~ ~ ~ ~ m ~ ~ ~ ~ m ~ ~ m ~ ~ ~ ~ m ~ ~ ~ m m m m ~ m m m m ~ m m m m m m m ~ m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. III Ql :::; ';: ::;, CJ c>> (I) c o Co ::;, o (J >. CJ c c>> : ~~~2l~~~~~~~(3~3~8x~~g~ ~ ~~~~~~~en~~~~~~~~~~~~~ ~9~-6~~~~~~~~~~~~~~~~~ ~ ~ ~ ~ co ~ ~ T"" o ~ ~ g ~ g 0 ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ o ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ m N N N N o 0 0 0 ~ ~ ~ <l:c...88 ~()~.o c..> ;ri ~ .2 at :E &&. 1::: ~ &! fr.. CJ) u: ILl ~ P;. u: N CIl Cl ra ll. CI) - C Q) E - CI) Q) > C "C ~ o o a. "C~ Co ::Jo u.N >- ,c""," Cl)M - ... C Q) Q)'c E E - Q) CI) CJ Q) Q) i;o ...J o o a. "C C ::J U. 0>- I-:t: en :::> >-1U ~::e ~I~ g 8 8 8 g 8 g 8 8 g 8 g 8 g 8 8 g 8 ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~T""~~~~~~fa~;;~~~~~ o 0 T"" ~- ~ 0 0 ~ 0 0 0 ~ 0 0 0 0 0 N ~ ~ ~ M m N ~ N M ~ m N M M M ~ ~~~~~~~~~~~~~~~~~ ~.2! '$ g 1U ::e 0'" _CD ::e'" I- > m en co C") MOO ll) 0 0 0 Mom ("l') ll) 0 ~~'I ~~. ~ 0 ~ ~ ~ g ~ ~ g ~ ~ ~ ~ ~ ~ ~ M ~ N M M ~ M N N N M N M N M M N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ! ~I ~ 000 0 0 0 0 ll) 0 0 0 0 0 0 0 0 0 0 ~ ~ 8 8 ~ ~ 8 ~ ~ ~ ll) g ~ ~ ~ ~ ~ ~ N ~ M M M ~ M N N N M N M N N N N M 0" _ CD ::e'" I- > "'Ql 1:... ~&! :::> o Ql :::> iO > 'tij ~ co ::e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 o 0 0 0 0 0 0 0 000 0 0 0 0 000 ~ ci ci ci ci ci ci ci ci ci ci ci ci ci W ci ci ci v M M co co m M co 0 N N 0 co ~ ~ co M ~ ~oo~~~~o-~ci~~~~~~~~~~~ W~ WI WI ~ 0 m ~ m m co m m co ~ m m ~~mm~o~m~qmqqm~qmm N Ql :::> ~ :;; lL o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g g g g g g g g g g g g g g g g g g o 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 000000000000000000 o 0 0 000 0 0 0 000 0 0 0 0 0 0 ll)~~~~oqqqoqoqq~oqq N NNh NN N~ .. :::> iO > '" o o III o 0 000 0 0 0 0 0 0 0 0 ll) 0 0 0 0 o 0 0 ll) ll) 0 0 0 0 0 0 ll) 0 ~ 0 0 0 0 ci 0 ci N ,...: ci 0 0 Lri 0 c:i ~ c:i M c:i c:i c:i c:i ~ 8 8 ~ ~ g g g ~ 8 8 ~ 8 ~ ~ 8 8 8 Noo~mooomOO~ON~OOO moo m moo 0 moo ~ 0 m ~ ~ 0 0 ~~~mm~~q~~~~~m~~q~ " " en iO 2c ~ ::l lL g g g g g 8 8 g g g g g 8 g g g g g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ o ~ ~ 0 0 0 0 0 0 ~ 0 0 0 0 0 .... .. :::> en !! ci ci ci ci ci ci ci U U 0 0 0 0 0 Q) Q) Q) Q) Q) Q) Q) C) C) C) C) C) C) C) co co as as co as as ~~~~~fffffff c c c c c c c c c c c c as co as co co co co co co co co as o 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I I I I I I I I I I I Z ~ ~ ~ m ~ ~ ~ ~ ~ e Q) Q) ~ ~ Q) Q) Q) Q) Q) Q) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 15 a; 15 16 15 Z Z Z Z Z ~ ~ ~ ~ ~ ~~~~~ ~ ~ ~ ~ ~ ci ci ci ci ci ci o 0 000 0 UJ UJ UJ UJ UJ UJ ~ ~ ~ ~ ~ ~ en r::>> en en r::>> r::>> ~ ~ ~ ~ ~ ~ m e ~ ~ Q) Q) "0 "0 "0 Ql " " ~ ~ ~ 'It ... I: .. E 1ii Ql > .E III ! 'C: ::::r u CIl II) C o Q. ::::r o CJ >- u c CIl ~~~cog;1l;~~~g~~ ~ ~~~~~~~~~~ "i MMMMMNNNNN U. C;; C;; C;; C;; C;; C;; C;; C;; (;; M l:=~~~~~CDi ~ '" ~ ::e ::e ::e ~ Iri >< >< ~ en en en ~ ~ ~ ~ CD I() 1.0 I() CD CD N N M M ("') M M M 01101gC:Ef 01 01 ~ ~ ~ ~ ~ ~ ~ m 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ m m ~ ~ ~ ~ ~ S ~ ~ ~ ~ ~ ~ ~ lL iii ::l o 1.0 ~ ~ ~ 0 I() ~ N N ~ ~ ~ ~ 1.0 ~ ~ M ~ CD CD r:: ~ ~ 1.0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ goo 0 0 0 0 0 0 000 ~~~~~~~~~~~~ ~ ~ ~ 0 ~ 0 S ~ 0 0 ~ 0 o CD ~ N 0 ~ ~ 0 M ~ m 0 ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ en ~ CD ~ 0 ~ m 0 N N N ~ ~ ~ 0 ~ 1.0 0 ~ ~ ~ w ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 1.0 000 000 0 0 0 0 m m en M 0 ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 N ~ N I() q N N N N N N N N .. .., ..; '" co 'i .... <Ii "" o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 N 0 g g g g g g g g g g ~ g 1.0 N ~ ~ ~ wow M ~ ~ 0 m~f~~ ~-~~o{~~~C;; ~-~ en m~m m_Otm_m m atm~m m_ NN N N N .. .. 0) .. .. o ,... en <Ii "" 8 8 g 8 8 g 8 8 8 g 8 8 g g g g g g g g g g g g o 0 000 0 0 0 0 0 0 0 o-o~ooo-o-oooo~oio o 0 0 0 0 0 0 0 0 0 ~ 0 ~_~_o~~~~~_~_o~~~m ~ '" <'! - CI:l CD <Ii '" CI:l <Ii "" o 0 N ~ o 0 ~ to ll'i Lri ai ui en ~ m m ~ ~ o. '<to .q- ~ C;; ~ Ol Ol Ol Ol. N N~ o N M ~ 0 M 1.0 0 o N M CD 0 M M 0 o ~ M ui c:i cO cO 0 ~m~~::~~~~ g~g~im~~ mm~enmmm_mm~ N- N N Ql Cl E Ql ~ "C I: co iO '0 :2i :::> 1Il .q- ~ ~ ~ ~ ~ .q- v ~ o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ a 000 M N e ~ 0 (3 m m ~ m N N ~ 000 0 ~ ~ ~ ~ '<t '<t '<t g g g N N N (3 t:: (5 N ~ N N ~ _ ~ 0 o o " Cl '" ~ ~ ~ ~ ~ ~ ~ ~ C) c c c c c c c c ~ co as co co co co co co 0 m III m III III III III m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 000 U 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ E E E ~ ~ ~ ~ ~ ~ ~ ~ ~ m m mOO 0 0 0 0 000 ~ ~ ~ I I I I I I I I I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q) Q) Q) Q) Q) Q) ~ ~ ~ ~ ~ ~ E E '" " Ql ~ i i m 1Il (I) ~~~~~~ ~~~~~~ Q) Q) Q) Q) Q) Q) ~~~~~~ III CIl :; 'C: ::::r u CIl II) - c ::::r o u U III C >- u c CIl ~ ~ d d ~ ~ H: ~ ~o 00 ~o OI ><('" ~ '" M '" ll) ll) ll) ll) ll) ll) ll) ll) .... ~ C;;Mc;;ffl~~ffl~~fflffl~ &f ~~~~~~~~~~~~ ~ g ~ g ~ ~ ~ ~ ~ ~ ~ ~ o 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ <([Ltjg II) 0 '" .,.; 00 :;; a; '0> .2 0..1:: :E &&. t: ~~ ~ (f) u: u.1 n:: e:.. u: .., Gl en l'lI D. en - C Q) E - en Q) > C "C ~ o o a.. "C~ Co ::10 U-N >- ,C""'" enM - ... C Q) Q),C E E - Q) en 0 Q) Q) ~C ..J o o a.. "C C ::I U- 0>- t;~ >--.u 13:E >-Gl ...... .~~ -.u :E ~g!~~~~~ ; ~ w ~ ~ ~ ~ ~ ~ N ~ ~ ~ 01~ 8 N '" ~ o ~ 8 g g 8 8 g g 8 8 8 8 8 ~ ~ ~ ~ 2j as ~ g S5 fa ~ ~ s; ~~~~~~~~~~~~~ ~ ll) :g 080 N N N (D (D M o 0 N ~ (D in 000 0'" _lD :EC'l I- > ~I~ ~I~ o 0 0 0 0 0 000 ~ ~ ~ wow ~ ~ ~ ~ ~ ~ ~ ~ M W ~ w N N N N N N o N m w ~ M ~ ~ ~ g g w ~ M ~ m M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N ~.. ".. ..... .... .... .... 00 _lD :EC'l I- > w w ~ 0 W M V 0 M m m w w w m w ~ ~ ~ (; ~ N ~ ~ ~ ~ ~ ~ M ~ m ~ N N N N N N ~ N N N N ... Gl C... Gl .. :::D:: :::> o o 0 0 0 0 0 m LO co r-- (0 LO q CQ I'--: ~ ;::j ~ Gl :::> 0; > ti -t!: co ::E g g 8 8 8 8 g 8 8 g 8 8 8 888 g 8 8 8 8 8 LO 0 co ~ M MOO 0 co r-- o(gf~a;~~!j~~mm ~mmm~~~:Otm~ o 0 o 0 ci c:i o 0 (")~ "'Ct. m co 0> 0>_ NN o 0 0 0 o 0 0 0 ci ci ci ci 000 0 "'Ct co N ('I") r--. r---- 0 ,....~ co f'o- m <.c m.Otm~} Gl :::> 0; > .... co lL o 0 0 0 000 000 000 0 000 o 0 0 0 000 0 0 0 000 0 0 0 0 ci ci ci ci ci ci ci ci ci ci ci ci ~ ci 8 ci 8 8 8 8 8 8 8 g 8 8 888 0 8 0 g 0 88g8g88888888~8g8 O~qqOLOOOOqoooooqo ~ ~ririON riririNN ri ~ Gl :::> 0; > '" o o III ~ ~ ~ ; g ~ g g 8 ~ ~ g ~ ~ ~ ~ g N N cO ~ d N ci c:i Lri cD N Lri cO u) N ai Lri ~ g ~ g ~ r- ~ ~ ~.~ ~ ~.~ ~ (; m ~ ~m~~~~~~mgg~~i~m~ m m m m m.v en co atm m m m.OtOtm m ~ NMNm NNN N Gl Ql en 0; ~c e :::> lL v v v v v v "It' "'Ct V V V V V V V V V g g g g g g g g g g g g g g g g g ~ ~ ~_o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g g M ~ 0') m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 ~ 0 0 0 ~ ~ ~ ~ lii :::> en .!a ci ci ci ci ci ci ci ci ci u U U 0 0 U 0 0 U ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 m m m m m m m m m ~ 0 ~ ~ 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 ~ ~ :E ~ ~ ~ :E :E ~ c c c c c c c c c ~ ~ m ~ m ~ m m m o 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ E E E E E E E E E ~ ~ ~ ~ ~ I I I I I I I I I Z Z Z Z Z ~ m ~ ~ m ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ m m ~ m ~ m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ Q; Gl -c -c Ql Gl ~ ~ c.i (.) 0 0 0 0 (.) 0 o 0 0 000 0 0 en en en en en fA en en ~ ~ ~ ~ ~ ~ ~ ~ en en en en en en en en ~ ~ ~ ~ ~ ~ ~ ~ 1; a; 1; Z Z Z 1i! Ql -c Gl ~ 'II: C Gl E 1ii Gl > .!: III ! ';: ::::I l.l Gl (/) - C ::::I o l.l l.l III C >. l.l C Gl en ~ ~~~~~~~~~~ :G O')m 0')0')0') 0')0) 0') Ol 00 aJ ~~~~~~~~~~ u.. C;; C;; C;; C;; C;; C;; C;; C;; C;; C;; &l~~cl:l!z)!:Q ~ ~ en lil ~ ~ ~ 00 00 00 00 00 00 00 1.0 I,() I,() 1.0 I,() II) II) '9C-7~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ; f2 ~ CD ~ ('l') ('l') ('l') ('l') ('l') o 0 0 0 0 "l""" ~ ~ ~ ~ lL iii :J o ~I~ .... o o fii ~ co o ~I~ ~l~ ~ CC! .. N o:i C'l -.t. .... lD ... N .... ll) '<t oj CO CO ri .... ~ o .. g o en :; (') ... o o ci o o en CO ~ ~ .... ci .... .... (') .... It! N ... CO '<t < III N 0> 0> ~ co .... en o III Q.. ';: U) ~ :Ii ::::I 0 III (') l'lI ~ l!! N .... 0; lD C'l C'l <{ c... ~ 8 ~ UN.,.; U ~ ~ .Q at :E ~&. 1:: ~~ tr. (f) u: u.1 Q: ~ u: o co N N en ~ N '" -.t oj co co (') ... .... lD ... ~ lD N ~ o lD .... o .. c:i .. .. en co .... .... co ..; .... '" <Ii o "'. .... lD ~ co ~ ;g C'l ui C'l .... ... en ;,; co <Ii ~ o lD .... Gl Cl co lii > c( "'C C co 0; '0 :E :::> III Gl Cl co lii ~ "'C C co :l c Gl E 1ii Gl > .!: 0; '0 I- ~ :::> en co Gl .= VI :i .... '<t o ~ <( 0.. N 0 0 0 "" rn (,) N .,; CIl 0 " ~ (,) . " Cl "'> III ,2 15.t: 0.. :E " 0 ~ Co t::: E " 0 >-~ 0.. (/J u: LLI ~ ~ 010 0 0 u: _Ul 0 0 :E'" 0 0 l- e e > 00 0 0 _Ul 0 0 :E'" 0 0 l- e e > "'Ql e... ~~ :::> 0 Ql '" en .... N N :::> '" '<t N .... .... j;j Il"i ....: oj N N > " Ol N ;jl; ;jl; 0 '<t. Gi cD ai C;; iii iii ... '" co co co :;; 0 '<t 10 10 :E N N N In - r:: Q) E - In ~ Q) 0 Ql '" Ol .... N N '" > 0 :::> '" '<t N .... .... 0 r:: N ~ Il"i ....: oj N N ....: " en N ;jl; ;jl; '" 0 '<I: ", "C or- ... cD ai C;; iii iii ~ ~ J: ("') 0 '" co co co 0 0 '<t 10 10 0 0 In ~ 1XI N N N ..; C'IS Q) Ul 0 () ~ a.. ,C E ...J Q) (.) 0 Q) 0 0 ., ., '" '" '" Ql Ql :l en j;j 0 0 0 Cl Cl a.. '" 0 0 0 co ~ e .s::; C ~ ~ ~ ~ Ql 0 Ql E "C :; ~ " ~ ~ ~ 'Iii r:: a. ~ .c Ql ::s 0 0 0 " > e en .E LL co co j;j 0 " j;j e '0 '0 co :Ii " :::> l- e III co .c en <:: co 0 0 '2 j;j ::J '0 '6 I- Ql c'3 co '" li! ., 0 0 -0 055 .~ ., u.. E E '" <( <( <:: ... '0 '0 <( Ql ... ... '" :::> <:: <:: 1: en '" co co .!!! al 1XI CI) 'II: 1: co fD .... .... Ql .... .... E ;;; ;;; 'Iii N '" Ql C;; C;; CI) > .E '<t '<t CI) ~ u.. III ..:.: C III co '" ED .... .... .5 .... .... ;;; ;;; lL .c N fD iii III C;; C;; III ::J III '<t :! CI) u (.) ~ u.. 19C-8 .... CI) ~ 0:: .... CD zS VI~ C::JO ...JI..O W....N ::I: >-- .eM CI) tn ... W~CD -C,c .... CD E 0:: E CD ~_U o VI CD W~C CI) c - ::I: CI) <( o CD ::I I/) .!! >- ,c "C ~ o en CD ::I I/) .!! >- ,c "C CD C. ::I o ... C) ~~ en :::> >-'Iii 2l::l! ~$ .~~ 'Iii ::l! ::!;ll) ~~ ~~ "'Gl <:... GlCO 1:0:: :::> U Gl Q) 1Il 0; ~C e :::> c.. Gl :::> OJ > li ... .... co ::l! Gl :::> OJ > .... co lL Gl :::> OJ > ... o o al .... Gl :::> en !! - 1: Gl S en Gl > .5 lL in ::J U <( 1/1 Gl 'C Gl en Q) CO Q) ..... <( u. <( en Qj ::I 1/1 .!!!. >- U C Gl C) <( .... C Gl E Q, o Gi > Gl "CI Gl a::: III C <( J9 c III en Qj oS 1/1 ::I ... I- ~I~ LOco,....tOmD C\lM...,.LOCC......COC>> g8gg80000000000 ~~~~~~~~~~~~~~~ QooQoQQooQoQooQ (J) 0; en 0) CD C) C) Oi en (J) CD en Oi m en 000000000000000 ~~~~~$~g~g~w~a; N U) en M_......_~-~~-M~-~-~~-~~ M ('I') CO') M (X) N N C\I N 0> 00 co M en ""'I~"" gggg~ggggo~8~~~ _ cD cD cO cO cOr...:,...;,...: r...:r...:......:r...:,....:r...:,....: ex) co co co ('f') co co co co N N m (0 N ""I CD aaoo.q-ooaONMM"ltLOI.O co co co co co m m en m m m m m m (J) wcOu:icOcricricricriu>cOcOcDcOcOcO : 000000000000000 Lt) LO II) Lt) l.O Lt) LO LO I,() LO LO LO It) It) lO -c- NNNNNNNNNNN ,....: ,....: ,....: ,....: ,....: ,...; r...: ,....: r...: r...: ,...: ,....: ,....: ,....: ,....: gg~gr;~g~~roMcog oo""':c:iOWu-)C'\iWNaONNMcO ~~~_g!;t~~Ng~~~~g~ cO r-: co- 0- ,...: L6 0- ,.....- cD ci ~ cO ('f')- It)- ~~~c:;~~~~~~~~S5~Si '" '" '" ~ ..; = = ..; ... ~ ... 000000000000000 000000000000000 odoooooociciooc:ioo o 0 000 000 0 0 0 0 a 0 0 000000000000000 ci ci 0 0- ui 0- 0- 0- Lti 10- Il)- 11)- ci Lri Ll'i ~~g~~~~~~~~[O~~t: = = o = = .,; ... ... ... ~~~~~~~~oo~~o~~~ o~g~~~~~~g~~~~~ 'O!:t co ,.... ,.... 0) 0_ C\I ...,. ...... 0) ...,. 0) co ('l") ".. I,{)- co- ......- 00- 'O!:t- ..- C\I- ('l")- ai ci N M 0- ,....- 0)- ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ = .... o ~ 00 ..; 00 en ... Gl Cl I!! Gl > < 'C <: co .l!l <: Gl S en Gl > .5 <<<<<<<<<<<<<<< ! ~~~~~~~~~~~~~~~ ~ O)O)~~O)~~m~~CJ)O)m~m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 0 ~ ~ ~ .~ .~ .~ .~ .~ .~ Q) .~ .~ .~ .~ .~ .!!! .~ .~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ)IJ) "C"C"C"O"C"C"C"C"'C"C"C"C"'O"O"C C ~ C C ~ C C ~ ~ c ~ ~ c c ~ o 0 0 0 000 000 0 0 0 0 0 al al al al al al al al al al al al al al al ~~~~~~~~~~~~~~~ <<<<<<<<<<<<<<< x x x x x x x x x x x x x x x ~~~~~~~~~~~~~~~ 000000000000 000000000000 000000000000 ~~C:!C:!C:!C:!C:!~C:!~~~ C;oooooooo~~~ N N N N N N N N N N ('I ".. ..- ..- ..- ..- Gl Cl I!! Gl > < 'C <: co 000 000 000 ~~~ 000 N N N ~ ~ ~ ! ~ :::> IJ) ~~~~gg~g~gg~~~~ 000000000000000 co 00 00 00 00 0) 00 0) 0) 00 00 00 0) co co Ul 'C l: o m fti c. 'u 'c ~ :& ll) CD 00 ..... ~ IJ)IJ) u.u. ll) ll) '" '" 00 o 0 co co ,.... co m 0 C\I ('l") ...,. I,{) co ,.... 000 ..- ~~~~~~~~~~~~~ u.u.u.u.u.u.u.u.u.u.u.u.u. Lt) Lt) Lt) I() Lt) I,{) tl) tl) I,{) U') I() 1.0 tl) mmmmmmmmmmmmm 0000000000000 ~f9C:9 co '" 0000000 co ex) OJ co co co co en 00 .... ,.; .... = = ,..: CD = en .0 ... ~ ..; = = ..; :2 ... = = o = = .,; .... ... ... = .... o ~ 00 '<t- oo en ... In 1/1 Gl 'C Gl en Q) CO c>> ..... <( u. <( U) Qj ::I 1/1 .!!!. I-() ~<( I- .2 ~ o 0.. NO 00 c\!f,(j ~ :5 cD > ~8. e:: .. ~e:: C/) o Cl I W- e:: ~ Cl Cl 18 iri o 8 ~ co q; 1ii Cl c: :J e:: N 41 Cl Cll Q. l- e/) :J a:: I- Q) Z$'lt c!lO ...J,-O Wl-~ :J:~M ~.l!llu -c.c !:: Q) E a:: E Q) :J'" (,) () Ul Q) W~c e/) C - - :J: e/) <( () 02:- 1-.;: en :::> >-... .. .. e~ 2:-.21 .;: .. :::>e ... .. ~ ~:g >'" ~~ "'Ql C... Ql .. to:: :::> U ., $ III CO ~e e :::> c.. Ql :::> iii > ~ .. ~ Ql :::> iii > .... .. lL Ql :::> iii > ... o o III .... Ql :::> en .!!! 'II: C Ql S en Ql > .E lL in :::) U ~~~~~~~~~~~~m~<olo NCD"''''_....-NNNMMM-.i-.i.n~ ~ LOCO......COa>O NM.q-""...... COO) (0 88gggC;oooooooao ~~~~~~~r:::!~~f:'::!~~~~ oQooooQoQocQoQQ ~g~~ggggggggggg ~ t::: ~ ~ ~ g ~ ~ ~ ~ rg ~ ~ CD C;I~"'. co......roCODQ"'"" NNL()U) v. cD cO cO cD r...: .....: ,...: r...: ,.....: ,...: ,...: ,...: ,...: <ri cO LOCOMCOON",,""WCOo>comlOt::: Ig::. g~~~~ma~a~~coO).....u; cO to cO cO u:i w .....: ,....: r....: ,...: .....: .....: r...: cO cO 000000000000000 OOOOCOC:OC:OCOOOCOC:OOOLOO NNNNMMM('I')(")MMLOlO......lO ,.....: r...: r...: r...: r...: ,...: r...: r....: r...: r...: r...: r...: r....: cO r...: 01.000><0<0 o......oco~a c::iMoo;;n-.i gV~~O_N g~g-~-w~- 0>_ .......... en 'II"""' NN-NN-C"'i o ll) 0.... ..0 cO ~. 0; N1 '" '<t M- M ~MC;;~~~~ cDMLri.ot:::NM ~~~~(J)_N"'" .......-aiCO-r--:'II"""'MaJ- ~o;~~:gu;~ MMW<<ir-:r----IL)- 000000000000000 000000000000000 aoooooooociaooao 000000000000000 000000000000000 o ..0 0 ..0 I.t)- ari 0 I()- ..0 0- Lr)- ..0 1.0- ci 0- gLt)~~ffi~~~~o;NSJN~~ N N ('.r N- N N- M M ~f M v- -.qR ..0 14')- ..q: ~ ~ ~ t::: ~ ;:: o~..o~~~ CO_ ..... M ....... ....,. ("') ;g~~~~ ONMlO......m NN-NNN-C\f N~~~:;~~ cONMLOcOM""': ~~~~_g.....~co cD ""':-";oeti N 8~;g~ (f'f .....- ~- ll'i ll'i o N cO LO CD .... "'- co~ .... CO ll'i ~- r::: ; '<t .... M- ('1')- 000000 000000 000000 ~~~~~~ OOO~~O NNN~~N 0000 0000 0000 ~ ~ ~ ~ o 000 NNNN ~ ~ ~ 00000 00000 00000 ~~~~~ ~~~~~ >- (,) C Q) Cl <( ... C Q) E Q. o Qj > Q) 'C Q) a:: C'lI C <( S C C'lI e/) Gi $ Ul :l '- I- aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ mmmmmmmmmmmmmmm CX) CX) CX) CX) co co co CX) co CX) co co co co co mmm~mm~~mm~~~mm ~ ~ ~ 0 0 ~ 0 ~ 0 ~ 0 ~ ~ 0 0 m m m ~ m m m m m m m m m m m '~ "~ "~ Q; '~ "~ "~ '~ '~ ":ij .~ ":ij ':ij ':ij "~ en en en en en en en en en en en en en en en "C"C"C"O"C"C"C"C"C"C"C"C"C"C"C c C c c c c c c c c c c c c c o 0 0 0 0 0 0 0 0 0 0 0 000 aJaJaJaJaJaJaJaJaJaJaJaJaJaJaJ ~~~~~~~~~~~~~~~ <<<<<<<<<<<<<<< ~~~~~~~~~~~~~~~ ~~~~~~g;n~f2~~~~~ 000000000000000 000000000000000 to CO CO en en to to to IX) CO to to IX) CO CO Ul "C c: o lD ~ r--. CO m ~ NNNNN aJ aJ aJ aJ aJ WWWWW II) II) II) II) LO m m m en m 00000 g1se~1 ~~~~~~~N~:! ca NNNNNNNNNN c.aJaJaJaJaJaJaJaJaJaJ 'u ~~~~~~~~~~ .c gg~gg~gggg :i ~~~~ ~~~g c; c; CO ll) ... to- oci ... o Q ... ... ..; ... o o Q o o iii en en N 1ft ~ ..; ... ... <Ii V .... t. Ql Dl l'! Ql > <( " c .. ! :::> en c; .., ..; 1ft en en ... en en ClO ... ... to- oci ... o o ... ... ..; ... o o Q o o iii en en N 1ft ... ... ..; ... ... <Ii '<t to- t. Ql Dl l'! Ql ~ " c .. J!l c Ql oS en Ql > .E ~ I- () Ul Q) '':: Q) e/) en co en .... <( II. <( e/) Gi :l Ul .!!! >- (,) C Q) Cl <( ... C Q) E Q. o Qj > Q) 'C Q) a:: C'lI C <( S C C'lI e/) Gi $ Ul :l '- I- ('I') to M m 'lilt m 'lilt ~Or--.('I')OCOM NCOm('l')_r--._~~ LO cor--. IX)mo gggggoo ~~~~~~~ eOOOOQO m05050505m05 0000000 ~~~a;~~i co cD cD cD cD cD cD r--. c>> 0 r--. M co ...,. ~~ffir:::~~~ cD cD cD cD cD cOcO 0000000 LOI.t)LOI.t)LOI.t)LO N N N .....: r--.: .....: ,...: ,...: r--.: .....: 001X)~~0"'" 1.t)0M~.....om NOo)M(f")OO ~Mg~~r--.gC;; ;~-~-~-~g~ ~~LOI.t)COr--.r--. 0000000 0000000 0000000 0000000 0000000 I.t)-OLO-I.t)-LI'iO-Lri ~~;n~ffl~ffi ~~co~~~g ~~~~~O~ N ~_ M N m ;1;- a; ~- :2 ~- ~ 'lilt I.t) It) r--. N"cn W ~ 0000000 0000000 0000000 ~~~~~~~ OOOOOOQ NNNNNNN ~ ~ ~ ...... t.lUUt.lt.lUU mmc>>mmmm to a) CO c:o c:o a) c:o mmc>>mmmm ~ ~ ~ U) 0 0 0 Ql .!!! ,~ '".,''' "~ Q) m en en en en "C"C"C"C c: c c c o 0 0 0 aJ aJ aJ aJ o 0 0 0 ..Q..Q..Q..Q < < < < >< >< >< >< ~~~~ en III III Ql Ql Ql "~ "~ '~ en en en "C "C "C C C C 000 aJ aJ aJ ~~~ <<< ~~~ ~w~~:;~~ 0000000 0000000 en CO to CO CX) IX) IX) Ul "C c: o lD iij c. 'u .c ::::J ::E LO <or--. co 0) 0...... 00000 0000000 UUUUUUU WWWWWWW LOLOU')IJ')LOLOI.t) mmmmmmm 0000000 0000000 COCX)CX)tOOOCX)OO f-01:i8 ~ < N '" f- .2 ~ o Q. ~ ~ at " 0 tl rJl 6' o LL1 a: ~ o o 11l ~ 8 ~ ;; iU 16 o <:: :J a: C') GI Cl ns a.. I- CI) ::l 0:: I- Q) Z.$. C2g irll-~ J:~M ~S~ -C.c !:: Q) E 0:: E Q) ::l'" U U II) Q) w~c CI) c J:- CI) <( u ~~ en:::> ~fti e~ l:.2l .~ 2{ 'l;j ~ ~~ >'" ~~ "'Gl C... GlCO to:: :::> U "$ '" '" ~e e :J a.. Gl :::> iii > 1i ~ co ~ Gl :::> iii > .... co lL Gl :::> iii > ... o o CD .... Gl :::> en .!!l "" ... C Gl E 'lii Gl > .E lL in :;) U g~g~CD~a; CO__lOClONCOOl Nct"J-M-ri..q--~...j N C") ""I:t ll) co r--. CX) en 00000000 ~~~~f:::!~~~ OOOeCOQO mmmmCDmcnQ) 00000000 1.000 0) CO<O("') 0) col::a:. mgo~g~(!;1t'> cO r...: ,....: ,...: ,....: ,....: ,....: cO ~ ~ S1 ~ ~ ~ ~ ~I~ cOcOwwcOwcci<O - 00000000 LOLOlOlOI.OLOlOU') NNNNNNNf'--. ,...: ,....: ,...: .....: ,...: ,....: ,....: cO OlO__OMoao Of'--.MLOCOLOlOLt) Lri cO ci N ar) ,....: N ,....: ro~~o;~~~ rigfffim-tc; g;t r-.... r--. CD M_ N_ lO CO_ CO_ 00000000 00000000 00000000 00000000 00000000 ci an- u-i 0- ci ci 0- ci 'CtmLONC>>CO""ltN r--.f'oo...COmmO N.. ~s;~~~m~N ;~~~~~~~ Ncoar--.MMr--. riciN-O-NIl')-aiai CONOOlONmr---1O f'..CXJcomO_O_T"""_N_ 000000 000000 000000 ~~~~~~ oaoo~o (:;j (:;j (:;j (:;j N (:;j ~ UUUUUUUU o>mo>mO)O)O)m roco co CClCOCX) coco mmcnmmmmm ~ >- U C Q) en <( ... c Q) E c.. o Gi > Q) "C Q) 0:: t'II C <( S C t'II CI) a; .$ II) j ... I- en '" '" (1) .~ Q) .~ Q> .~ c/)c/)c/) " " " c c c 000 CD CD CD ~~~ <(<(<( ~~~ U) (I) UJ en en Q) Q) .9:! .~ Q) .~ ':5 CD (1) .~ C/)C/)C/)C/)C/) '0"0"0"'0"0 C c: c: c c: 00000 CDCDllJCDCD .?L~~~~ <(<(<(<(<( ~ ~ ~ ~ ~ I- I- I- I- I- ,...... CD m 0 ,.... N M ...,. (0(0 W 1'-""""""""""""" 00000000 00000000 COCOOOClOCll)(QClOClO 1/1 "tI C ~ ~~V~~f'..com Ci 00000000 c.UUUUUUUU 'u ~~~~~~~~ "2 g~gggggg i ~~~~g~gg W\Ul ll) 00 '" N I,()- M" 00 o 0 o 0 t::!t::! 00 (:;j (:;j ~ ~ en .., ai on en ..; Ul en ..; ~ o o d o o iii .., CO!. ~ ~ .... 00 ...: '<t .... ..; en en, ~ ~ Gl CI l'! Gl > < " c co I :::> l/) Ul 00 N ..; o N en ..; on N 00 ..; en .., ai on en ..; Ul en ..; ~ o o d o o iii .., CO!. ~ ~ .... 00 ...: .., .... ..; en "l. ~ ~ Gl CI l'! Gl ~ "Cl C co J!I c Gl S en Gl > .E ~ I- Q) a; .$ j l/) 19t- f w II) Q) 'C CI) CI) en ClO en .... <( u.. <( CI) ~~~~g~~g~~~U;~C;; N <D en C')_ """_ 0 'lilt co ,.... LO co N <0 en NN-N"MM-M'lIlt-.'lIlt- LO<Of"o-COenO NC')'lIltLl)<Df"o-CO 88888000000000 t::!t::!t::!t::!~t::!~~~~~t::!~~ o~o~ooC;oQC;oooo menmenmmmmenmmmmm 00000000000000 CX)l,()coC'),....f"o-Nf"o-enOenf"o-C')en ~~~C;;g~~~~~N~'lIlt~ wwww~~~~~~~~~~ ~~~~~~~g~~~g~~ WWWWcOWcOW~~~~~~ o 0 0 0 0 0 0 0 000 0 0 0 I,() I,() LO I,() LO 1.0 1.0 1.0 LO I,() 1.0 I,() 1.0 LO N N N N C') C') C') ~ C') M ~ M M C') ~~~~~~~~~~~~~~ ~~~~g(t<<i~~~g~ NMO,....OONcriMNO~ U;~~~~~~~~~~~g ggf~~~sfg~~fo ~-g~~f I,() <0 f"o- f"o- co en en 0_"'" ,....~CO_f"o-~ '" co co ~ N N .... oi (X)- ~ '" ~ '" NN 00000000000000 00000000000000 o ci 0 ci 0 ci 0 ci ci ci ci ci ci ci 00000000000000 00000000000000 I,()- ari ..0 0- ci I,()- ..0 1.0- 1.0- ..0 0- ..0 LO- ..0 ~ ~ ~ i!. g ~ ~ o~~_~~~~ ~~U;_ f"o-I.OLOf"o-<oenM'lIltNOLOO",,"f"o- <oenf"o-O<O~'lIltNl'-enf"o-NN"'lt ~~tig~~~~~ffi~~~~ ~- ~- d ~- ~ ~ ~- ~ ~- <D_ ~ 1.0- ~ ~ (X)Men"'ltOI'-'lIltNOoenO,....M I,() <0 co f"o- co CX) en 0_"'" N_e\t'lllt~LO~<D_ 00000 00000 00000 ~~~~~ 00000 (:;j(:;j(:;j(:;j(:;j ,.... ,.... ,.... ,.... 000 000 000 ~ ~ ~ 00 C (:;j(:;j(:;j ~ ~ 000000 000000 000000 ~~~~S~ 000000 (:;j (:;j (:;j (:;j (:;j (:;j ,.... ,.... ,.... ,.... ,.... ,.... WWWWWWWWWWWWWW en en en en en en en en en en en en en en coco(X)CX)cocoCX)(X)CX)(X)CX)coCX)co en en en en en en en m en en en en en en ~ ~ >- U C Q) en <( ... c Q) E c.. o Gi > Q) "C ~ t'II C <( S C t'II CI) en en en U) .~ .~ .~ .~ C/)C/)C/)C/) "'0"0"'0"0 c: c: c: c: o 0 0 0 llJllJCDllJ ~~~~ <( <( <( <( x x x x ~~~~ U) U) U) U) .~ .~ .~ .~ C/)C/)C/)C/) "0 "0 "0 "0 C c: c: c: o 0 0 0 llJCDllJllJ ~~~~ <(<(<(<( x x x X <<Ii <<Ii <<Ii <<Ii I- I- I- I- en U) U) U) CI) en .Q:! Q) Q) .~ .~ (l) ~~~~~~ "0 "O"O"C"O"O C c: c: c: c: c: o 0 0 0 0 0 llJ CD llJ aJ aJ llJ ~~~~~~ <(<(<(<(<(<( ~~~I-~I-~~ I- I- I- I- r:::~~~;x;~~~~~~~~g 00000000000000 00000000000000 CX) co co CX) co CD CD co co co co co co co 1/1 "tI C o m Iii c. .u .2 :J ~ I.OWf"o-coeno NM"'ltI.O(Of"o-CO ~ ~ ~ ~ ~ Lb Lb Lb J, Lb Lb J, Lb J, >< >< >< >< >< >< >< >< >< >< >< >< >< >< eeeeeeeeeeeeee I.OLOLO I.OLO 101.0 LOIO 1.0 LO 101.010 en en en m en en m en en en en en m CD 00000000000000 00000000000000 co co co co co co co co co co co co co co f-O~8 ~<(~.o f- .2 ~ o 0.. ~ ~ <Ci > at: " 0 ~ g. ,.,ex: en El Cl I "- ex: !!o o o :8 en o "' 8 fi5 o Qj 15 o C :J ex: O.i::' WI_ - ~ ~ \- ~I- ll)1~ I- 0 N 8 "It 0 I- .;: ll) '" '" ~ ~ en <( N .,; Gl '" '" '" a:: Cl en:::> 1.0- M M ,....- ,..: :;: Iii "' >-'l;j I- eD > ll.. 2l::e ,2 a.t:: '" '<t ~ Q) 0 .i::'S ;; N 0: C- o E Q) .;: .. ~ N 0 ,.,0: :::>e ;;; en 'l;j ;; ~ ll.. 6" ::e m <0 c 0 0 u.' I! 0 19 I~ 0: ~ ll) '<t I~ '" 0 0 ~ 0 !!0- w 0 en ll) '<t ~ '" '<t '" N 0 '<t "! "It "! .... c ...: ..: cO ~ cO c ~ 0 ll) I! U> 10 co I~ "It '" I~ .... I! W 0 en ~ en 0 ;l; '" en '" '" "! > ...: cD cO ~ cO 1:.21 0 0 0 0 0 0 ll) ~ '" '<t Ql .. '<t '<t "! .... to:: ...: cO cO :::> U Ql co ll) ~ 0 co 00 00 '<t "It ll) ll) :::> co U> U> 0 ~ ~ ~ '" '" '" '" ii cO oft ~ c::i ;;; - - cO ~ cO cD > '" - 0 '" '" '<t .... ... W en en 0 '" '" '" '" '" co 00 ~ N III III c>> ci tii ~ ..j ..t W ::t ::t '" N - '" en '<t ~ co 0 0 0 0 .. N tii ~ N N ci 0 ::e - - l- t/) ::::) It: I- Gl z.e~ ergo ..J,-o wl-N :I:~M ffi s lii -e.c !::: Gl E It: E Gl ::::)... u U 1Il Gl w~e t/) e :i:- t/) <( u OJ .l!l VJ '" ~e e :::> lL Ql :::> ii > .... .. lL Ql :::> ii > ... o o 1lI .... Ql :::> en .!!! 'It ... C Ql S en Ql > .5 lL ii) ::) u o o c::i o o ll'i o co. o o c::i o o o- N - ~ o o ci o o o ~ <Ii - ll) .... ..q: '" N M '" co. N "It ci N "It ,.: N '" <Ii - N "It ci N "It ,.: N '" ~ o o o ~ ;; N Ql Cl E Ql ~ "C C .. I :::> III Ql Cl E Ql > c( "C c .. .t1 c Ql S en Ql > .5 E o I- UJ '" co '" >- u e Gl Cl <( ... e Gl E c. o a; > Gl '0 Gl It: ca e <( ,fl e ca t/) Qj .e 1Il ::J '- I- VJ .!!! Q; U) "0 C o lD U .Q <( x ~ ;;; o o co <( 1Il Gl 'L: Gl t/) CD en en ..... ", "0 c: o lD l1. o U Qj ::J 1Il .!!! '" "ii J.J c. X 'u ~ 'c g,l :l ::::E ;; co o co ON g M 0'" m- ci '" N ~. co o co o ~ g M o '" m- ci '" N ~ co '" '" 00 00 ~~ Q a '<t ~ 00 >- e ca c. E o u ... 1Il 2 l- e '- .e 1Il ~ >- z m Qj .e 1Il ::J '- I- c c :::> :::> u.. u.. EE Cl C> ::!: ::!: .<:: .<:: VJ VJ '" .. uu ~~ :::> :::> en VJ '" .. ~ ~ 1-1- VJ VJ :::> :::> >.>. e ~ e e '" 0 '" 0 go co co J!l c: :l o U u <( tl ..lO: '- "' ::::E g: g t' ~ ~ c: U) U) 9C:1 00 "! - '" '" ~ o N 00 ~ - '" '" tii - o N Ql Cl E Ql > c( "C c .. ~ .c :::> III 00 ~ - '" '" tii - o N 00 "! - '" '" tii - o N Ql Cl E Ql ~ "C C .. .t1 c Ql S en Ql > .5 ~ :s '0 :I: - .5 E '0 <( Gl .~ '0 l1. ca e <( ,fl e ca t/) Qj ::J 1Il .!!! '<t '" cO '<t '" '<t '" cO '<t '" '<t o o ~ ;; m o >- c '" c. E o u >- e ca c. E o u ... 1Il ::J '- l- e '- J!! III ~ >- z m Qj J!! III ::J '- I- VJ :::> .= E .l!l ~ > Z lD J!l c: :l o U u <( - Gl ..lO: ... "' ::::E .... o ~ o co .... o >- ;; Gl co c: U) o > ::::E U) "It '" ~ '" ~ '" cD ... 00 ..t en o ~ ll) '" cO .... co ..j '" o ci "It '" ~ '" ll) '" cO .... co '<to 0> o ci ~ '" cD .... 00 ..t en o ~ Ql Cl E Ql > c( "C c .. E .s .c :::> U) '" o o ~ ~ o Ql Cl E Ql > c( "C C .. I :::> III al 'E :.:::i VJ 1) :::> "0 e a. 1ii '0 c '" c u: c.!) <( '<t ;; o co :ll 0; o CJ a '<t ;; o co U) > U) 8 ~ o i1i 1ii c c: :J 0: It) ~~ .., ~I- ~I- ~I- I-U ~ 8 III e ~<( N ui - ~ Cl en:::> ..: I- al "' >-... u;; > .. .. D.. e~ ,2 o.t:: ~ Q) 0 ~S I>: a. E Q) ~~ 0 ",I>: D.. en .. 0' ::!! 0 "" I I! 0 19 e 0 19 I>: :!: ll) e 0 e !!:. co .., co ~ .... ... .... ~ '" ... ": '" "! '" 0 .,; 0 ~ 0 ... 0 I! ~ .... I ... ~ .... I ~ co .., '<t '<t ~ ~ '" Ul ": '" "! "! .,; - - - - "'Gl 0 0 0 c... co .... .... Gl" ": '" '" cD: :::> U Gl en '" en en 0 e e ;n - :::> Ul '" en en N N N ... iij .. ....: ..: ..: M ..; ..; N N N N ll) ... ... r:::. N 0 e e ... ~ iii ,..: ..: ..: ,..: ..: en '" ... ... .... ... e ....- .... .... co Ul .. C ~ - Gl en '" en en 0 e e ;n - :::> Ul '" en en N N N ... iij .. ....: ..: ..: M ..; ..; N N N N ll) ... ... r:::. .... N 0 e e ... .. iii ,..: ..: ..: ,..: ..: lL en '" ... ... .... ... e ....- ~ .... co Ul ~ - - I- en ::> 0:: I- III Z III - V Gl en '" en en 0 e e - III 0 :::> Ul '" en en N N N ;n ... C ::::I 0 iij .. ....: ..: ..: M ..; ..; N N N N ll) ... ... r:::. wI- ... N 0 e e ... J: >-.... 0 iii ,..: ..: ..: ,..: ..: .c M 0 en '" ... ... .... ... m e ....- .... .... co Ul ffiJ!!lii c - - -c.c !:: III E 0:: E III ::>-u () III III w~C en c Q) $ Gl '<t Gl Gl '" Gl Gl '<t Gl i:- <II '" en 0 en en 0 en en 0 en '" e f 0 f f 0 f f 0 f .s:: ~ ~ ~ en e Gl Gl Gl Gl Gl Gl <( :::> ~ ;; ~ > ;; > > ;; ~ (,J lL ~ c( ~ c( c( ~ 'g 'g 'g 'g 'g 'g c 0 c c c c 0 c .. .. .. .. .. .. .l!l ! .l!l ! .l!l ! c c C Gl Gl Gl 5 E E en :::> i :::> UJ :::> Gl III III Gl III > > > .E .E .E ~ ~ ~ I- <II I- :::> a: ~ :::> ~ ~ (/) .. :::> :::> ~ (/) <II '" .. I- ~ ~ 0 l- I- ~ ~ ~ >- '" >- .... u.. >- Gl C .!!J. C ~ C ~ :::> CIS CIS Q) CIS Gl en ID ~ al 'g .!!! M Q, Q, Q, Gl 0 E E u.. E u.. -e- O 0 <( 0 () (,J III (,J =- a.. - III - III - ... III III III c - ::::I U ::::I '':: ::::I Gl III ... CIS ... III ... 5 0:: I- 0. I- en I- en ~ C '<t C C co en ll) Gl J!l 0 J!l '" c J!l 0 > ... ;; 'Iii ... 0 CIO ... ;; .E S r:: S r:: 0 en S r:: (,J co :::IE co co III ::J ::J .... ::J 0 III 0 III 0 ~ CIS ~ CIS ~ CIS ~ C U C u C u ~ u u u <( <( <( c( <( c( J!I >- j J!I >- j J!I >- - '" z z Z III 0 0 c ID ... c ID c ID ..II:: ~ .... ... CIS "' CIS "' CIS "' en iIi ~ '<t en iIi ~ co en iIi ~ ll) 0 III 0 S '" S 0 iIi - >- ;; iIi ~ 0 iIi >- ;; iO lL III 0 in ::::I III r:: co ::::I III co ::::I III III co 1il III ::::I 0 III III ::::I r:: en ::::I r:: en 0 ::J ... > ... 0 > III ... 0 >- u .!!1 I- ~ 1~ -~3 ~ .!!1 ~ c en en I- en :J I>: ~I- ~\- l- t) N 0 CQ ~~ ~ 0 0 en <C N .,; Gl 0:: ;;: 16 01 en:::> I- >-... ftI .... .2 '" > Q. e:::lii 15.t:: ~.2l ~ ~ ~ 'C .. 0 ~a: :::>e Q. en 'Iii 0 :::Iii 0 U. I 0 a: ~ ll) Cl 0 0 I~ Cl OICl cl ~ co ... co 0 ... .... ... ... ll) '" "! ~ 0 "! ~ U! "! ": 0 - N - ~ - 0 ~ 0 ~ .... N I ... ... ....1... .... 0 co '" .... ... ... '<t . . '" '" "! ~ ~ "! "! ~ U! "! ": ~ - "'Gl 0 0 0 0 c... co 0 .... ll) Gl" ~ 0 ~ ": t;lt: N :::> U Gl - en 0 en en co ... ... co :::> II) ll) ... ... en en en ll) iV -:. ai 0 ~ ~ cO cD cD ,..: > 0; en ~ ~ ... ... ... Gi ,.: co. ... ... ai iii :8 ~ ... en ~ ~ ll) II) ... ~ ~ - - .. ai iii iii - :::Iii Gl ;;; en 0 en en co ... ... co :::> ~ ll) ... ... en en en ll) iV -:. ai 0 ai ~ cO cD cD ,..: > 0; - en en ~ .... ... ... ... ~ - .. ,.: ai ... ... ai iii iii lL ... en ~ en ll) II) ll) ... ~ - ~ -. - ai iii iii - - l- f/) ::J a:: I- CI> Z S ..... Gl - en 0 en en co ... ... co III 0 :::> II) ll) ... ... en en en ll) C ::::I 0 ~ -:. ai 0 ~ ai cO cD cD ,..: ...J ... N 0; - en ~ en W I- ... ... ... ... - :J: >-.... 0 ,.: ai ... ... ai iii :8 .Q M 0 ... en ~ en ll) II) ... - ~. - - ~i.! ... ID ai iii iii - CI> j:: c: .Q CI> E 0:: E CI> ::J+' U U III CI> W ~ C f/) c: Ql .l!l Gl '" '" Gl Gl '" Gl Gl '" i:- '" .. Cl 0 0 Cl Cl 0 Cl Cl 0 '" f 0 0 f f 0 f f 0 .c e ~ ~ ~ ~ f/) e Gl Gl Gl Gl Gl <{ ~ Iii M ~ ~ > ~ ;; :::> ~ :::> en III en III en Gl Gl Gl > > > .5 .5 .5 S ~ ~ 0 l- I- I- '" :::> ii: <=- <=- <=- <=- :::> :::> :::> :::> en '" '" '" '" .. '" '" II! Gl II! II! l- t=: l- I- 0 ." ." ." E' >- .l!l .l!l 'C .l!l >- .. .... ~ ~ c: ~ U. Gl c: c: :::> III Gl Ql 0 Gl III .!!J. ~ ." III ." ~ en Q. Gl Ql <{ Q. .!!! E u. u. > u. M E III 0 CI> 0 0 a:: 0 III U N U * CI> +' CD Cl +' ... 'E: III G) c: III c ::::I G) ::::I Gl CI> ... .... :c ... S f/) I- <{ c: I- en G) N '" co ;; Gl c: J!l 0 0 LL .l!l 0 ::::I c: > CO ... 0 0 Q. 0 .... ... .l!l ;; .5 G) S c 0 0 C 0 CI> S c .... ::l co co CI> +' ::l co a:: ::l co III 0 'C III 0 III 0 :8 III CI> U ::::I U III CI> U c: 3: 'j ... c: 3: Oi u U U 0 <{ e( l- e( <{ e( .l!I > - ~ t4 - .l!I > - "' Z Gl c: ~ z ~ 0 ..llI: 0 c: III ::::I ::J c: III ~ III .... 0 .. .... ftI ftI III ftI f/) Qj :IE N '" U Qj :IE co f/) Qj :IE ;; 13 S 0 0 S 0 S Qj ~ 0 0 Qj ~ 0 Qj ~ ;; i1i lL 0 0 0 in ::::I III C co co ::::I III C co ::::I III C co 10 III ::::I 0 III CIl III 2 0 CIl III ::::I 0 CIl 0 :) ... > > > ... > .!!! I- :E 19C-1~ :E .!!! :E c u CIl CIl CIl I- CIl " 0:: I- <..> N 8 0 ,... ~€ en <( N '" Q) a::: ~ ~ Cl en:::> I- ,.,... <D > 1lI .... .2 iit ll.. e:l: ~ " 0 C<: 0. 1:$ E Q) 0 ,.,C<: .~g ll.. rn 1;; 0 :I: 0 ",I C<: ~ ll) C> C> e:. <D on on 0 I- '" 'Ot; 'Ot; 0 > ... ... ~ 0 C> 0 <D ~ ... '" 'Ot; ... "'Ql C... Ql .. cO:: :::> U Ql co co :::> on on ii r..: r..: > 1; i!: .. :I: .... U) ::) a:: .... Gl z.!~ -lIlo 92~ w"" J:~~ ffl J!l ~ -c.c !:: Gl E a::.5 Gl ::) III (,) () Gl Gl w>C U) c - - J: U) <( () Ql co :::> on 1i ,...: > ... o o III Ql Ql Ql en 10 D) ~C1 [! ~ Ql rr ~ 'C C .. ~ ~ :::> III .... Ql :::> en .!!! 'II: ... C Ql S en Ql > .5 lL iii ::l U :g :g ,...: ,...: co on r..: Ql Cl f Ql > c( 'C C .. J!l c Ql S en Ql > .5 ~ I- 19C-15 ill gj 8 ~ o iIi iii o c: " C<: 19C-16 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT RENEWAL FOR CHEMICALS - SOIL, PLANT, AND WATER TREATMENT (SPEC. NO. 02-128) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For QfijtL CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Western Farm Service for soil, plant and water treatment chemicals for a one-year period in an annual amount not to exceed $79,654. DISCUSSION The Parks, Recreation and Community Services Agency requires herbicides and pesticides to control and eradicate weeds and insects in the City's parks. Chemicals are also required to maintain the various public swimming pools and water fountains throughout the City. The chemicals are purchased through the Central Stores warehouse for distribution to the agencies. The contracts for chemicals are designed to provide quality products at significant savings based on quantity pricing. On January 6, 2003, the City Council awarded contracts for soil, plant, and water treatment chemicals to Western Farm Service, a Santa Ana vendor, United Horticultural Supply and Kim-Kinetics Laboratories for a two-year period, with provision for two one-year renewals. Western Farm Service has performed satisfactorily during the past contract period. The vendor has agreed to renew the contract, and request only a minimal price increase. Staff recommends the first renewal of the contract with Western Farm Service. Verdicon, Inc., formerly United Horticultural Supply, can no longer provide all of their contract items and Kim- Kinetics Laboratories has not performed satisfactorily during the past contract period. As such, staff does not recommend renewing the contracts with Verdicon and Kim-Kinetics Laboratories. New bids for the contract items supplied by Verdicon and Kim-Kinetics Laboratories will be solicited. 22A-1 CS 383 .t'"rClIlC.L::;cV \.:1UL..LC.L.L"''''' /"" I Contract Renewal for Chemicals - Soil, Plant, and Water Treatment (Spec. No. 02-128) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object codes 6361, 6371 and 6391) . -" . \.,~ ~\\~ ~~\\~ A. ') ~..~ Francisco-Gutierrez Executive Director f0 Finance and Management Services Agency <JrFG/WO/02-128-R.2:li 22A-2 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR ROCK, SAND, AND AGGREGATE BASE (SPEC. NO. 02-158) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ( 12fiJ;;L CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with West Coast Sand & Gravel for rock, sand and aggregate base material for a one-year period in an annual amount not to exceed $26,000. DISCUSSION The Public Works Agency performs maintenance and repair of the City's water infrastructure. In order to perform these duties, the agency requires an assortment of road materials. Rock, sand, and aggregate base materials are used as backfill when repairing any asphalted surface. On January 21, 2003, the City Council awarded a contract to West Coast Sand & Gravel for a one-year period with provision for three one-year renewals. West Coast Sand & Gravel continues to maintain the lowest prices available, although requesting an average price increase of 14 percent. The vendor has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 228-1 CS 383 Contract Renewal for Rock, Sand, and Aggregate Base (Spec. No. 02-158) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the Public Works Sewer Services, Water Systems Maintenance, and Water Construction accounts (account nos. 56-575-6391, 64-575-6391 and 66-578-6633) . ~t2 APPROVED AS TO FUNDS AND ACCOUNTS: es G. Ross ecutive Director Public Works Agency ~ JGR/WO/02-158R2.9:li '::\~\'~~~t.":> ~~""'J Franci~co G~tierrez GJ Executlve Dlrector f" Finance & Mgmt. Services Agency 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTRACT RENEWAL FOR STREET SWEEPER PARTS (SPEC. NO. 03-009) ,~ ,'l.t . !24ir;;L CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Nixon-Egli Equipment Company for street sweeper parts and sweeper repairs, for a one -year period in an annual amount not to exceed $45,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of 11 street sweepers. Sweeper parts are replaced in order to maintain sweeper safety and effectiveness. An inventory of sweeper parts is maintained at Fleet Maintenance for immediate availability. Repairs on street sweepers are contracted out to manufacturer-authorized repair shops based on the work schedule of Fleet Maintenance. On February 18, 2003, the City Council awarded a contract to Nixon-Egli Equipment Company for a one-year period, with provision for two one- year renewals. Nixon-Egli Equipment Company has requested a minimum of 10 percent increase in pricing as a result of a 40 percent-plus increase in the price of steel. The vendor has performed satisfactorily during the past contract period and staff recommends the final renewal of the contract. 22C-1 CS. 383 Contract Renewal for Street Sweeper Parts (Spec. No. 03-009) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the Fleet Maintenance Other Contractual Services account (account no. 75-111-6291) and the Fleet Maintenance Operating Materials and Supplies account (account no. 75-111-6391). ~~~ \..~6' ~~ ~ ~ ~~.. ~ Francisco Gutierrez 1:. ( Executive Director TN Finance and Management Services Agency ~FG/KM/03-009R2.2:li 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT AWARD FOR PAINTING OF FIRE FACILITIES (SPEC. NO. 04-137) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ l2Aa CONTINUED TO --- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Hi Tech Painting, Inc. for the painting of eight fire stations in an amount not to exceed $43,080. DISCUSSION As part of a routine maintenance schedule, Fire Station nos. 2, 3, 4, 5, 6, 7, 8 and 10, and the Fire Administration Building require interior and exterior painting. As the facilities are in use 24 hours per day, interior painting is required more frequently. The exterior painting is necessary to repair and prevent damage due to normal exposure to the elements. Painting the stations will improve their appearance and help in maintaining clean, attractive facilities. The notice inviting bids was advertised on October 20 & 22, bids were solicited. A summary of the bid invitations received is as follows: 2004, and and bids 8 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 4 Bids received Bids were received and opened on November 17, bid received from Hi-Tech Painting, Inc. specification. 2004 (Exhibit 1). is responsive to The the 220-1 CS. :l83 Contract Award for Painting of Fire Facilities (Spec. No. 04-137) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in Fire Maintenance, Other Contractual Services account (account no. 11-327-6621). ~PM ;BPj04-137.3:li 220-2 APPROVED AS TO FUNDS AND ACCOUNTS: '"\~'-~t' \.'~tr'"..l ~ ~ A~ Q ~ Francisco Gutierrez C Executive Director r~ Finance & Mgmt. Services Agency ABSTRACT OF BIDS CONTRACT AWARD FOR PAINTING OF FIRE STATIONS (Spec. 04-137) Vendor Hi Tech Solorio Inc. Tony's Service First, Painting, Inc. Painting Inc. Location Lakewood Orange Seal Beach Tustin St. 2 $ 4,200.00 $ 3,800.00 $ 2,500,00 $ 3,475,00 St. 3 $ 4,650,00 $ 9,400.00 $ 9,800.00 $ 14,500.00 St. 4 $ 8,460,00 $ 21,100,00 $ 28,500.00 $ 21,900,00 St. 5 $ 4,850.00 $ 7,900.00 $ 6,850.00 $ 18,150,00 St. 6 $ 5,910.00 $ 10,000.00 $ 8,500,00 $ 21,600.00 St. 7 $ 5,010.00 $ 9,900.00 $ 7,500,00 $ 12,200.00 St. 8 $ 4,800.00 $ 8,900,00 $ 9,400,00 $ 9,750,00 St. 10 $ 5,200.00 $ 6,900,00 $ 7,500.00 $ 8,550,00 Total Cost $ 43,080.00 $ 77,900,00 $ 80,550,00 $ 110,125.00 Exhibit 1 220-3 1 220-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: CONTRACT AWARD FOR MIDSIZE PASSENGER VEHICLES (SPEC. NO. 04-151) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For jl . f2Aa- CONTINUED TO ----- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Bob Stall Chevrolet for the purchase of two midsize passenger vehicles in the amount of $33,402.50. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Various City departments utilize midsize passenger vehicles to perform routine business. Due to the larger interior design of the Chevrolet Impala, it is selected as the City's current standard for a midsize vehicle. The Public Works Agency's Roadway Maintenance Department and New Construction use passenger vehicles for supervisors in their daily job responsibilities. Due to age, mileage and condition, two 1994 Dodge Intrepids have been approved for replacement in the current fiscal year. The notice inviting bids was advertised on December 8 and 10, 2004, and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 4 Bids received 22E-1 CS 383 Contract Award for Midsize Passenger Vehicles (Spec. No. 04-151) February 7, 2005 Page 2 Bids were receivedJ opened on January 10, 2005, and evaluated 1) . The bid from Bob Stall Chevrolet is responsive specifications and meets the City's requirements. (Exhibit to the FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). '~\:(\~~~r- ~ 't~~--.. Franci~co G~tierrez "f-tJ Executlve Dlrector 1 Finance and Management Services Agency tf' FG/KM/04-151. 2: Ii 22E-2 ABSTRACT OF BIDS CONTRACT AWARD MIDSIZE PASSENGER VEHICLES (SPEC. 04-151) Vendor BOB STALL CHEVROLET Location La Mesa CA Terms Net 30 Vehicle 2 Vans Sales Tax Tire Fee $15,500.00 $31,000.00 $ 2,402.50 incl. Total $33,402.50 DELIVERY 60-75 days Vehicle Impala Chevrolet 2005 SUMMARY OF BID AWARD: TOTAL AWARD IN THE AMOUNT OF: LAKE CHEVROLET MAURICE J. SOPP & SON Lake Elsinore Huntington Park Net 30 Net 30 $15,525.00 $31,050.00 $ 2,406.38 $ 15.00 $15,845.00 $31,690.00 $ 2,455.97 incl. $33,471.38 $34,145.97 80-90 days 60 days Chevrolet 1WF19 2005 1WF19 Impala Chevrolet 2005 BOB STALL CHEVROLET $33,402.50 EXHIBIT 1 22E-3 WEST COVINA MOTORS, INC. d/b/a Clippinger West Covina Net 30 $16,420.00 $32,840.00 $ 2,545.10 $ 5.00 $35,390.10 100 days Impala Chevrolet 2005 22E-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: CONTRACT AWARD FOR TRUCKS WITH UTILITY BODIES (SPEC. NO. 04-152) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For v V' {l;j1 t2.- CITY MANAGER CONTINUED TO -'" FILE NUMBER RECOMMENDED ACTION 1. Reject the bid from Fairway Ford as nonresponsive to the specification. 2 . Award a contract to Maurice J. Sopp and Son for the purchase of three trucks with utility bodies in the amount of $89,543.48. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. various City departments utilize midsize pickup trucks with utility bodies to perform routine business. The Public Works Agency's Roadway Cleaning crews and Sewer Services crews use trucks with utility bodies to secure and transport tools and equipment to the job sites. Due to age, mileage in excess of 85,000 miles, and general condition, two 1995 Chevrolet trucks and one 1996 Chevrolet truck have been approved for replacement in the current fiscal year. The notice inviting bids was advertised on December 8 and 10, bids were solicited. A summary of the bid invitations received is as follows: 2004, and and bids 15 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 4 Bids received 22F-1 CS 383 Contract Award for Trucks with Utility Bodies (Spec. No. 04-152) February 7, 2005 Page 2 Bids were received, opened on January 10, 2005 (Exhibit 1). The bid received from Fairway Ford did not meet the truck wheelbase capacity and is therefore nonresponsive. The bid received from Bob Stall Chevrolet is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). ~~~~;~J:'","~ ~~~ Franci~co G,:tierrez 1lJ Executlve Dlrector Finance and Management Services Agency ~FG/KM/04-152.2:li 22F-2 ABSTRACT OF BIDS CONTRACT AWARD TRUCKS WITH UTILITY BODIES (SPEC. 04-152) vendor MAURICE J. SOPP & SON BURCH FORD VICTOR BUICK - GMC TRUCK Location Huntington Park La Habra Corona Terms Net 30 Net 30 Net 20 days Less $300 ea. Vehicles 58220 - Reg cab 58208 - Ext cab 58547 - Reg cab $27,128.00 $33,000.00 $22,975.00 $28,610.00 $34,683.00 $24,094.00 Sub-total $83,103.00 $85,347.00 $87,387.00 Sales Tax $ 6,440.48 $ 6,614.39 $ 6,772.49 Tire Fee incl. incl. $ 26.25 Total $89,543.48 $91,961.39 $94,185.74 Terms offered $( 900.00) GRAND TOTAL $89,543.48 $91,961.39 $93,285.74 DELIVERY 120 days not quoted 60-90 days Vehicle CC25903 & CC25953 Chevrolet 2005 F250 Ford 2005 TC25903 & TC25953 GMC 2005 SUMMARY OF BID AWARD: TOTAL AWARD IN THE AMOUNT OF: MAURICE J. SOPP AND SON $89,543.48 EXHIBIT 1 22F-3 22F-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR A 4X4 UTILITY VEHICLE (SPEC. NO. 04-153) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~cZ.--- CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Burch Ford for the purchase of one 4x4 utility vehicle in the amount of $23,427.70. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. The Parks, Recreation and Community Services Agency's Park Maintenance Division uses utility vehicles to transport staff and tools to local parks to perform routine business. Due to age and condition, one 1996 Chevrolet Blazer has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on December 8 and 10, 2004, and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 4 Bids received Bids were received, opened on January 13, 2005 and evaluated (Exhibit 1) . The bid from Burch Ford is responsive to the specifications and meets the City's requirements. 22G-1 CS 383 Contract Award for a 4x4 Utility Vehicle (Spec. No. 04-153) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). ~~~~~~~ ~'~':-;;kJ Franci~co G~tierrez ~f Executlve Dlrector r~ Finance and Management Services Agency ~FG/KM/04-153.2:li 22G-2 ABSTRACT OF BIDS CONTRACT AWARD 4 x 4 UTILITY VEHICLE (SPEC. 04-153) Vendor Burch Ford Location La Habra Terms Net 30 Vehicle $21,738.00 Sales Tax $ 1,684.70 Tire Fee $ 5.00 Sub Total $23,427.70 Term disc. Grand Total $23,427.70 DELIVERY 30-45 days Vehicle Ford Explorer 2005 SUMMARY OF BID AWARD: TOTAL AWARD IN THE AMOUNT OF: W. Covina Motors d/b/a Clippinger Chevrolet West Covina Net 30 $23,312.00 $ 1,806.68 $ 5.00 $25,123.68 $25,123.68 100 days Chevrolet Trailblazer 2005 BURCH FORD $23,427.70 EXHIBIT 1 22G-3 Lake Chevrolet Lake Elsinore Net 30 $23,381. 00 $ 1,812.03 $ 5.00 $25,198.03 $25,198.03 80-90 days Chevrolet CT15506 2005 Victor Buick - GMC Truck Corona $500 in 20 Days , Net 30 $24,255.08 $ 1,879.77 $ 8.75 $26,143.60 $ (500.00) $25,643.60 45-60 days GMC TT15506 2005 22G-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR POWERED AIR-PURIFYING RESPIRATORS AND ACCESSORIES (SPEC. NO. 04-155) a~~;;-- APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to All Star Fire Equipment Inc. for the purchase of powered air-purifying respirators and accessories in the amount of $42,608.44. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness. The Fire Department requires powered air-purifying respirators (PAPR) to allow firefighters and first responders to work safely in contaminated environments that may result from acts of terrorism. The PAPR is a powered air-purifying respirator that uses a blower to force ambient atmosphere through air-purifying canisters to the user's facepiece. In hostile or extended-wear situations, the PAPR's fanning effect helps keep the facepiece from fogging, while eliminating the addi tional pulmonary stress associated with a non-powered respirator. The PAPR provides a constant airflow and cooling/fanning effect over the entire usage period and the lightweight design extends user wear times in humid or hot environments. 22H-1 CS_ 383 Contract Award for Powered Air-Purifying Respirators and Accessories (Spec. No. 04-155) February 7, 2005 Page 2 The notice inviting bids and bids were solicited. received is as follows: was advertised on December 15 and 17, 2004, A summary of the bid invitations and bids 7 Invitations For Bid mailed 3 Bids received Bids were received and opened on January 5, 2005 received from Allstar Fire Equipment Inc. is specification and meets the City's requirements. (Exhibit 1). responsive The bid to the FISCAL IMPACT Funds are available in the Office of Emergency Services, Urban Areas Security Initiative Grant Operating Materials and Supplies account (account no. 125-320-6391). /,.,..."--.."...,,. / "i l/ \. APPROVED AS TO FUNDS AND ACCOUNTS: P F ~~I'hr....J ~~. Francisco Gutierrez~ Executive Director fv Finance & Mgmt. Services Agency O/04-155.3:li 22H-2 ABSTRACT FOR BIDS - 04-155 POWERED AIR-PURIFYING RESPIRATORS (PAPR) AND ACCESSORIES BIDDER: ALLSTAR FIRE EQUIPMENT INC. TERMS: LOC: NET 30 ARCADIA, CA POWERED AIR- PURIFYING RESPIRATOR: $32,241.00 ACCESSORIES: $ 7,302.80 7.75% TAX: $ 3,064.64 TOTAL: $42,608.44 BIDDER: FISHER SCIENTIFIC COMPANY LLC TERMS: LOC: NET 30 PITTSBURGH, PA POWERED AIR- PURIFYING RESPIRATOR: $32,715.00 ACCESSORIES: $ 7,416.00 7.75% TAX: $ 3,110.15 TOTAL: $43,241.15 BIDDER: HAGEMEYER TERMS: NET 30 LOC: TORRANCE, CA POWERED AIR- PURIFYING RESPIRATOR: $36,806.40 ACCESSORIES: $ 8,353.28 7.75% TAX: $ 3,499.88 TOTAL: $48,659.56 SUMMARY OF BID AWARD: TOTAL AWARD AMOUNT NOT TO EXCEED: ALL STAR FIRE EQUIPMENT INC. $42,608.44 EXHIBIT 1 22H-3 22H-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCil MEETING DATE: FEBRUARY 7, 2005 CLERK OF COUNCil USE ONLY: TITLE: CONTRACT AWARD FOR TRAFFIC SIGNAL LED LAMPS (SPEC. NO. 05-005) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 1/ {l;;;a.. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Jam Services, Inc., under the County of Sacramento's contract, for the purchase of traffic signal LED lamps in the amount of $130,809. DISCUSSION The California Energy Commission recently adopted energy efficiency standards that require the power consumption of all traffic signal lamps to be equal to or less than 25 watts. The red and green traffic signals in the City were converted to energy efficient LED lamps in 2001. The eight inch yellow traffic signals and pedestrian signals are still using regular lamps, with power consumptions of 65 and 28 watts. The City will reduce energy costs by an estimated $5,000 per year, after the signals are converted to LED lamps. The County of Sacramento's contract with Jam Services, Inc. was awarded as a result of open, competitive bidding, and allows other governmental agencies to purchase the traffic signal LED lamps as specified, and at the same price. 221-1 CS 383 Contract Award for Traffic Signal LED Lamps (Spec. No. 05-005) February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the General Fund Traffic Signal Maintenance and Repair Improvements account and Office of Safety Grant Pedestrian Safety Machinery and Equipment account (account nos. 11-621-6271 and 165-338- 6641) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~~~rJ=> \\..~~ Francisco Gutierrez /.f Executive Director rw Finance & Mgmt. Services Agency ~ JGRjWOj05-005.9:li 221-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCil USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED CONTRACT AWARD FOR POINSETTIA STREET, WASHINGTON AVENUE AND SANTIAGO STREET SANITARY SEWER IMPROVEMENTS (PROJECT 3501) o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to M.G. Construction, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $344, 104 for construction of Poinsettia Street, Washington Avenue, and Santiago Street Sewer Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $461,400. DISCUSSION The existing sewer mains on Poinsettia Street, Washington Avenue, and Santiago Street were built in the 1920's (Exhibit 1). These sewer mains have exceeded their expected life and are deteriorated and undersized. This proj ect will provide for installation of sewer mains, laterals, manholes, and cleanouts. Once completed, the project will increase the capacity of the sewer system as well as eliminate the maintenance problems associated with older and deteriorated sewer mains. The Notice Inviting Bids was advertised on November 3 and 5, 2004 and bids were opened on December 21, 2004. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 2 Contractors requesting bidding documents: 22 Bids received: 9 Bids received from Santa Ana Contractors: 0 23A-1 Poinsettia Street, Washington Avenue, And Santiago Street Sanitary Sewer Improvements Project No. 3501 February 7, 2005 Page 2 NAME OF BIDDER 1. M.G. Construction 2. Dominguez General Engineering Contractor 3. SRD Engineering 4. Excel Paving Company 5. Andrew Papac and Sons 6. Garcia Juarez Construction, Inc. 7. Ross A. Guy & Son Inc. 8. Savala Construction Co. 9. GCI Construction, Inc. CITY BID AMOUNT $344,104.00 Arcadia Rosemead Anaheim Long Beach South EI Monte $369,545.00 $399,388.00 $436,028.00 $439,375.00 Brea Fallbrook Irvine Costa Mesa $448,535.00 $473,072.00 $481,583.38 $598,791.00 A total of nine bids were received and all were responsive. The lowest bid was submitted by M.G. Construction, for $344,104, which is above the Engineer's estimate of $340,035. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, Environmental Review Nos. 2002-403 and 2002-406 have been completed and a Negative Declaration has been filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $461,400 for the project (Exhibit 2). Funds are available in the Sewer Connection Fee Fund (account no. 55-532-6631). J~ ~~-- Executive Director Public Works Agency K:\Construction\RFCA-draft\3501 50 WD APPROVED AS TO FUNDS AND ACCOUNTS: "'~~\f'J.~J' L-' ~.~.. _ ... p Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 23A-2 SANTA ANA , PW A t , , PU!X _s AGENt, CLARA PROJECT LOCATION NOT TO SCALE EXHIBIT 1 City Council Agenda Date February 7,2005 Title: PROJECT 3501 POINSETIlA STREET, WASHINGTON AVENUE, AND SANTIAGO STREET SANITARY E R IMPROVEMENTS ~ NTS FUNDING ANALYSIS PROJECT 3501 POINSETTIA STREET, WASHINGTON AVENUE, AND SANTIAGO STREET SANITARY SEWER IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $344,104 15,286 40,000 27,600 34,410 TOTAL ESTIMATED CONSTRUCTION COSTS $461, 400 Exhibit 2 23A-4 CITY COUNCIL MEETING DATE: ~ ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: AGREEMENT TO PROVIDE LEGAL SERVICES WITH LIEBERT, CASSIDY WHITMORE APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~. CITY MANAGER CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Liebert, Cassidy Whitmore with a maximum hourly rate of $240.00 to provide legal services related to the Quintero Personnel Board case. DISCUSSION While the City Attorney's Office provides the vast majority of its legal services and representation though staff counsel, from time to time it is necessary to contract for services through outside counsel. Aspects of the pending Quintero Personnel matter present one of those situations. This matter is a rehearing before the Santa Ana Personnel Board of the termination of an employee whose initial termination was overturned by the 4th District Court of Appeals. Briefly, the Court of Appeal ruled that the relationship between the Assistant City Attorney who prosecuted the original termination in front of the Santa Ana Personnel Board and the Board was such that there was the appearance of possible bias by the Board in favor of the City and against Mr. Quintero. In order to short circuit the anticipated same argument being made by counsel for Quintero relative to the re-hearing, and possible prolonged litigation coinciding therewith, the decision was made to retain an outside counsel completely unaffiliated with the City and the City Attorneys' Office. This is a one-time retention made specifically relevant to the facts of this matter due to the Appellate Court ruling. 25A-1 Agreement with Liebert, Cassidy Whitmore February 7, 2005 Page 2 Peter Brown is a Partner at Liebert Cassidy Whitmore, an emploYment law firm that provides legal representation and litigation services to public entities and private employers throughout California. Peter Brown has been involved in all areas of the firm's practice since 1989, representing cities, counties, special districts, and school and community college districts in litigation, administrative proceedings, negotiations and grievances. FISCAL IMPACT Funds are budgeted and available in the Personnel Services account (account no. 80-180-6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~\'~~A.' \sb-\-> Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: AGREEMENT PARALEGAL SERVICES WITH BEAUCHAMP ENTERPRISES, INC. t2t?Ja CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 SI Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ( FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Beauchamp Enterprises, Inc. with a maximum hourly rate of $40 for paralegal services. DISCUSSION The City Attorney's Office provides a variety of legal services including the representation of the City and its officials in judicial proceedings. This is primarily done through full-time staff including paralegals. Occasionally, unforeseen circumstances and increases in active caseload require supplemental staff. In 2003, the Office contracted with the outsource firm Special Counsel for a litigation paralegal to assist in a wide variety of litigation including eminent domain. The contract paralegal has notified the City that he is leaving Special Counsel and forming his own agency, Beauchamp Enterprises, but the City Attorney's Office wishes to maintain Mr. Beauchamp's services. Moving the contract to Beauchamp Enterprises will save the City as much as $10,400 annually. 258-1 Agreement with Beauchamp Enterprises, Inc. February 7, 2005 Page 2 FISCAL IMPACT Funds are budgeted and available in the Personnel Services account (account no. 80-180-6191) and Public Works account (account no. 11-031- 6251) . APPROVED AS TO FUNDS AND ACCOUNTS: ':\~ ~ Francisco Gutierrez Executive Director Finance & Management Services Agency 258-2 CITY COUNCil MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCil USE ONLY: FEBROARY 7, 2005 APPROVED TITLE: AMEND & RENEW AGREEMENT WITH ARAMAlU{ CORRECTIONAL SERVICES, INC. FOR INMATE FOOD SERVICES o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For i ~ CITY AGER CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the service agreement with Aramark Correctional Services, Inc. for an additional amount not to exceed $100,000. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the service agreement with Aramark Correctional Services, Inc., to provide inmate food and commissary service for the Santa Ana Police Department and Jail in an amount not to exceed $1,069,138. DISCOSSION In January 2002, Council approved a three-year agreement with Aramark Correctional Services, Inc., for food services at the Santa Ana Jail. This food service includes daily meals for all inmates, inmate commissary service, and operation of the staff cafeteria in the Police Administration Building. This existing agreement expired in January 2005. During the third year of this agreement with Aramark, the Jail established new inmate housing contractual agreements that increased the estimated inmate population. The increased inmate population has generated additional jail revenues. However, the higher inmate population and the increase in catering services provided by Aramark to other City departments exceeded the anticipated cost of food services by $100,000 during the third year. The Police Department staff recommends a one-year renewal of the agreement with Aramark through January 2006 in an amount not to exceed $1,069,138. The increased agreement amount reflects the higher inmate population and an increase in the rate per meal from $1.88 to $1.939. Under the terms of the original agreement, the price per meal may be adjusted annually in relation to the cost of living standards. Staff believes the renewal will provide consistency and efficiency in the function of the Department's food services operations. 25C-1 Inmate Food Services February 7, 2005 Page 2 FISCAL IMPACT Funds for the amendment to the existing agreement are available in the Inmate Welfare Fund's Contractual Services Account (account no. 023-349- 6291). Funds in the amount of $424,641 for the first five months of the renewal agreement are available in the Police Department, Jail Contractual Services Account (account no. 011-349-6291). Funds for the last seven months of the agreement will be included in the FY 05-06 budget. The payment for commissary service will be paid from the Inmate Commissary Trust Fund (account no. 98-01-3611-349), which is derived from inmate deposits. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Paul M. Walters Chief of Police Police Department ~N"\,~t". ~.A") ~ A:- " ~ Francisco Gutierrez ~ ~ Executive Director Finance & Mgmt. Services Agency 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT TO AGREEMENT WITH COUNTY OF ORANGE AND CHILDREN'S BUREAU FOR FAMILY RESOURCE CENTER SERVICES tt/ ~~ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with the County of Orange and Children's Bureau to enhance childcare services at the Corbin Family Resource Center. 2. Approve an appropriation adjustment to recognize $13,172 in County of Orange Families and Communities Together grant funds in revenue account (account no. 169-01-5361-500) and appropriate funds into the Families and Communities Together program expenditure account (account no. 169-266-various). DISCUSSION At its February 18, 2003 meeting, the City Council adopted a resolution authorizing participation in the County of Orange Families and Communities Together (FaCT) program. The FaCT Program operates out of the Corbin Family Resource Center and provides services promoting safe and stable families to at-risk-youth and families with children ages birth through 18 years. The Corbin Family Resource Center proposal was funded for a total of $210,937. Parks, Recreation and Community Services received $49,125 of the total grant award to provide day care services at Corbin. This agreement amendment will provide an additional $13,172 to fund two part-time staff and include funding for training and program supplies. 250-1 Amendment to Agreement with County of Orange and Children's Bureau February 7, 2005 Page 2 FISCAL IMPACT An appropriation adjustment is required to recognize $13,172 in County of Orange Families and Corrununi ties Together grant funds in revenue account (account no. 169-01-5361-500) and appropriate funds into the Families and Corrununities Together program expenditure account (account no. 169-266- var ious) . APPROVED AS TO FUNDS AND ACCOUNTS: J1e ?/C~~ ~~~.~~.~~ Francisco Gutierrez Executive Director Finance & Management tif Gerardo Mouet, Executive Director Parks, Recreation and Corrununity Services Agency Svcs. Agency 250-2 /" REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT WITH COUNTY OF ORANGE SOCIAL SERVICES AGENCY FOR THE WORK EXPERIENCE PROGRAM Vi- (2Ja(2~ CITY MA AGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $54,690 in additional revenues from the County of Orange Social Services Agency for the Santa Ana Work Experience Program operated at the Santa Ana W/O/R/K Center. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an Amendment to the Agreement with the County of Orange to administer the Calworks Work Experience Program. DISCUSSION On May 17, 2004, City Council approved a $265,000 contract with the County of Orange Social Services Agency (SSA) to provide emploYment services through two programs - the Community Service Program and a Work Experience Program to assist CalWORKs clients in obtaining job skills. This amendment will allow the W/O/R/K Center to serve an additional ten CalWORKs participants through the Work Experience (WEX) program. This program is a wage subsidy program, designed to provide a planned, structured learning experience to program participants with the ultimate goal of transitioning them into non-subsidized emploYment. 25E-1 Amendment with County of Orange Social Services Agency for the Work Experience Program February 7, 2005 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Orange County SSA WEX account (account no. 124-322-various). APPROVED AS TO FUNDS AND ACCOUNTS: C. Wliitaker Executive Director Community Development Agency ':\: "t'\~ ~ ~l' ,--> \\ ~ ~ CL Franci~co G~tierrez fJ Executlve Dlrector Finance & Management Services Agency PCW/CDL/mlr H:\Actions\2005CC\AmendAgreeCoorangesocservAgencyworkExpProg 2-7-05 25E-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES' INTERNATIONAL UNION, CHAPTER 1939, LOCAL 347, AFL-CIO. APPROVED D As Recommended D As Amended D Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution D Set Public Hearing For ~ ~, CIT MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare, and authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Service Employees' International Union, Local 347, AFL-CIO, regarding wages, hours and other terms and conditions of employment. DISCUSSION The City and the Service Employees' International Union (SEIU), Local 347, AFL-CIO, recently completed contract negotiations, resulting in a four-year Memorandum of Understanding. This new Memorandum of Understanding will expire on June 30, 2008. Key new negotiated elements of this Memorandum of Understanding include: 1. Term: A four-year term, from July 1, 2004 through June 30, 2008. 2. Salary Increase: July 1, 2004 = 0% July 1, 2005 = 0% July 1, 2006 = Up to 4.5% with a minimum increase of 3.5% July 1, 2007 = Up to 4.5% with a minimum increase of 3.5% 3. Medical Contributions: Effective February 1, 2005 and for the remainder of the agreement, the City's medical contribution will be equal to the CalPERS Other Southern California monthly Health Maintenance Organization (HMO) rates for Kaiser Permanente. 25F-1 Agreement with the Service Employees' International Union February 7, 2005 Page 2 January 1, 2006 January 1, 2007 = $70/month rate) = $aa/month $90/month (current 4. Dental Premium Contributions: January 1, 2005 5. Medical Subsidy plan: Effective as soon as practicable and in each contract year after that, City will contribute 0.1%, 0.1%, 0.1%, and 0.2%, respectively, to the Medical Retirement Subsidy Plan based on payroll of that year. 6. Vision Plan : Effective as soon as practicable the City will administer a non-participatory vision plan through payroll deduction. 7. Longevity Vacation: Effective July 1, 2005, City will permit cash-out of up to forty hours per year of an employee's current year's longevity vacation allocation. a. Bereavement Leave: Whenever travel over 500 miles is required an employee may use up to two additional days charged to Personnel Necessity Leave when approved. 9. Layoff and Sub-Contracting: Amend language to provide advance notice whenever City plans to layoff or when contracting out affects employees, to provide opportunity to discuss and exchange information. 10. Compensatory Time off: Amend language to require before taking compensatory time cannot be taken within off such overtime. reasonable time off the year, notice and if to pay- 11. Bilingual Pay: To be increased $25/month for employees designated as primary bilingual. 12. Certifications: Reopen contract in third year to discuss compensation issues for certifications for specific classifications. 13. Notary Publics: Provide forty dollar per month subsidy to employees required to be Notary Publics. 14. Parking: Convene union/management committee to develop requirements for parking based on seniority for bargaining unit members. 25F-2 Agreement with the Service Employees' International Union February 7, 2005 Page 3 15. Work Week Schedule: 9/80 workweek schedule to be authorized with department head approval. 16. Retirement: Reopen contract in fourth year of contract to discuss retirement issues. FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171). Estimated total cost for the first year of the Agreement is $225,809. APPROVED AS TO FUNDS AND ACCOUNTS: LZ_ Enriqu . A~a I Execu 'e Di e~t~r Personnel Se ~s Department ':\~\.~t'J...::> ~~oJ.~ Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-3 25F-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENTS FOR ON-CALL ENGINEERING AND LANDSCAPING SERVICES CONTINUED TO FILE NUMBER ECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with Willdan, Boyle Engineering, and Harris & Associates for engineering, architectural and landscaping services in the amount not to exceed $200,000 for each firm. DISCUSSION Staff has solicited proposals for engineering and landscaping services. These services are required to augment City staff to complete the design of street rehabilitation, park and facility improvement projects in a timely manner. Qualified firms were contacted and nine firms submitted proposals. These proposals were reviewed by a review committee comprised of personnel from City Agencies. The ratings for the top five firms are as follows: FIRM RATING 1. Willdan 2. Boyle 3. Harris & Associates 4. Van Dell & Associates 5. ORB 88 85 85 82 81 The fee rate schedules for these firms were compared. The rates are consistent, reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rates, it is recommended that the firms of Willdan, Boyle Engineering, and Harris & Associates Corporation be retained for the required services. 25G-1 Agreements for On-Call Engineering and Landscaping Services February 7, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contracts will have a limit of $200,000 for each firm. Funds to pay for the design engineering and landscaping services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: :;;?~Rt( James G. Ross Executive Director Public Works Agency ~ '_,.,.' t\ ' r...... . ~'" "'.-"\.)..-"_;~A .~A J " " "- Francisco Gutierrez ;( J Executive Director f Finance & Mgmt. Services Agency 25G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: PURCHASE AGREEMENT FOR THE JERONIMO AND GUADALUPE CHAVEZ PROPERTY LOCATED AT 1246 w. WALNUT STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Jeronimo and Guadalupe Chavez for the purchase of 1246 W. Walnut Street, in the amount of $452,000. DISCUSSION The Bristol Corridor Specific Plan, approved by the City Council in 1992, includes street improvements on Bristol Street from Pine Street to Third Street. These improvements include widening the street from two to three lanes in each direction, and the addition of a second left-turn, a right turn lane, and bus turn-outs in north and southbound directions. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Other benefits of the project include the addition of landscaped medians and parkways, the conversion of overhead utility lines to underground, and the addition of a storm drain system. The construction of these improvements is estimated to begin in the fall of 2006. To accommodate the widening, it is necessary to acquire the subject property located at 1252 and 1252~ W. Second Street (Exhibit 1). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 25H-1 Purchase Agreement with Jeronimo and Guadalupe Chavez February 7, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ James G. Ross Executive Director Public Works Agency :{ \\t\. ~t'--,~ 1 '. ~~,~ ~. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency /' p, 25H-2 r '"" - PROPERTY LOCATION ~ .J \. ) I.. ) I.. ) N.T,S, 1 ST ST. ""' c ~ ~ r r - r~ I i , ~ 9 ~ i:l " rm ~ , i !' ~ ~ III ~ " ~ ~ ~ ~ ~ ~ ~ 19 ~ g ~ -' ~ I ~ ~~~~il~~8 I~i~ ~t~ ~!!3 .... ~~~ WALNUT ST. / --..... III I I · I ~~ ~ I , Z1II "I-;"" 2Z2 t-m- ~ ~ ~ ~ ~ ~ ~19 ~ g ~ ""' i , ~ 9 ~ ~ 3 ~ ~ ~ ~ ; ~ ~ 8 PINE ST, J(JI .lIl2 J(JI ~ J(JI t-= JOO t-=.." w.." JOOen"" > en JIO JDl/ JIO JDl/ <(JDl/ 0:: Z'" JH ::s JlJ JH U J/J <( JIfJ 0.. JIT JIfJ o::JIT lL.JIT 0 ... w"" u"" "'0.."" 0.. <( ... en'" 0..... ... ... W... <<0 J: ... <<0 ... .. ." .lIl2' ~ ~ ~ ~ JOO t-= .." en~ ~~~19~g~ JIO J/J JH ....J f---- o J/l1-J2J t~~~~~~il;~8 en ... 0:: CHESTNUT AVE. ... co~~ ~ ~ ~ ~ ~ ~ 19 ~ g ~ .. <<0 .., - .. .. "'" ... \ .J \ .. \... \ ..\ \'" .J \ :\ ~ ~"l MYRTLE ST, , r----, ~ - <21 t ~ ~ ~~~~~~~8 ~r "'\( ( EXHIBIT 1 ..) !~ ~ ~ \... r SANTA ANA 'PWA ' , , \..... PUBLIC IORlS ACEht' City Council Title: Agenda Date February 7,2005 PURCHASE AGREEMENT FOR THE JERONIMO AND GUADALUPE CHAVEZ PROPERTY LOCATED AT 1246 WALNUT STREET (PROJECT 1819) -~.. - ,,"'. .-"" ~ 25H-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT WITH JOHNSON FRANK FOR ON-CALL AERIAL MAPPING AND SURVEYING SERVICES CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Johnson Frank for as- needed aerial mapping and surveying services in the amount not to exceed $200,000. DISCUSSION Staff has solicited proposals for as-needed aerial mapping and surveying services. The aerial mapping is required for most street improvement projects to identify existing topography and general drainage patterns. The final aerial map serves as a base to engineering drawings. For final design projects, survey elevations are required to accurately record existing street elevations to assure that the proposed street grades and cross-sections are designed in conformance to City of Santa Ana's design standards. Qualified firms were contacted and four firms submitted proposals. These proposals were evaluated by a review committee to compare the quality of personnel, client satisfaction and rate schedules. The following is an average of their final scores: FIRM RATING 1. Johnson Frank 2. DMI 3. Norris Repke 4. Penco 83 81 79 73 Based on their rating, staff recommends the firm of Johnson Frank be retained for the required services in the not-to-exceed amount of $200,000. 251-1 Agreement for On-Call Aerial Mapping and Surveying Services February 7, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contract will have a limit of $200,000. Funds to pay for the aerial mapping and surveying services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Ja:20FP~ Executive Director Public Works Agency , . ~~ ~ . . :--... ~ . _... \ - :t-\\i::...,~ .j. .::::J:'.A , ...1.) k ~ - - Francisco Gutierrez -t:tJ Executive Director 1 Finance & Mgmt. Services Agency 251-2 CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION FEBRUARY 7, 2005 TITLE: AGREEMENT WITH THE POLICE MANAGEMENT ASSOCIATION APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare, and authorize the City Manager and Clerk of the Council to execute an agreement with the Police Management Association regarding wages, hours and other terms and conditions of emploYment. DISCUSSION The City and the Police Management Association (PMA) recently completed contract negotiations, resulting in a new, four-year agreement, since the previous Memorandum of Understanding expired on June 30, 2004. Key elements of this Agreement include: 1. Term: A four-year term, from July 1, 2004 through June 30, 2008. Salary Increase: July 1, 2004 0% (me too) July 1, 2005 0% (me too) July 1, 2006 Up to 4.5% (me too) July 1, 2007 Up to 4.5% (me too) 2. Medical Premium Contributions: Effective March 1, 2005, the City shall contribute toward medical premiums an amount consistent with the rates then in effect for the "employee only" tier and "family" tier, respectively, of the California Kaiser Permanente Health Maintenance Organization Plan. Employees enrolled in more expensive plans will be required to pay the difference in premium rates. 3. Retirement Reopener: Effective July 1, 2006, discuss the feasibility of an enhanced retirement formula for non-sworn. 25J-1 Agreement with the Police Management Association February 7, 2005 Page 2 4. Dental Premium Contributions: March 1, 2005 = $80/month (family) January 1, 2006 = $90/month (family) January 1, 2007 = $100/month (family) January 1, 2008 = $110/month (family) January 1, 2005 = Maintain 100% of "employee only" rate 5. Retiree Medical Insurance: July 1, 2006 = additional City contribution of .5%. 6. Include Career Development Pay: Effective July 1, 2005 = Employees may earn Career Development Pay for completion of the following programs: 2.5% for PERF Senior Management Insti~ute for Police 2.5% for West Point Leadership Program 5% for FBI National Academy 5% for California Command College Employees are limited to no more than 7.5% total for completion of any of the above referenced programs. 7. PERS: Maintain existing PERS cost sharing language (1.42%) for safety members for term of Agreement. If the City's rate drops below 1.42%, agree to reopen discussions. 8. Vacation Cash Option: July 1, 2005 = Forty (40) hours cash conversion option of either longevity vacation or regular vacation. 9. Non-Sworn Classification/Compensation Study: Effective as practicable following Council approval of this Agreement, shall conduct an internal study. soon as the City 10. Sick Leave: Effective January 1, 2005 = Increase sick leave accumulation hours by four hundred (400) hours. Additional hours to be only for use and not for cashout at retirement or resignation. 11. Work Week Schedule : Effective July 1, alternative 4/10 workweek schedule for Commanders. 2006 = managers Reopen other to discuss than Watch 12. Attendance: Effective with Council approval = Occasional absences less than two (2) hours need not be recorded. 13. "Working" Title Changes: Effective with Council approval = Police Captains may use the working title of "Deputy Police Chief" and Lieutenants may use the working title of "Police Commander" on an unofficial basis. 25J-2 Agreement with the Police Management Association February 7, 2005 Page 3 14. Retirement Health Savings Program: Effective July 1, 2006 = The City shall establish a voluntary program for employees to contribute unused sick leave, vacation, or other employee benefits on a pre-tax basis in conj unction with implementation of a flexible benefit plan or other tax exempt program. FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary and Career Development Incentives accounts (Object Code 6111) and Benefits accounts (Object Code 6171) Estimated total cost for the first year of this Agreement is $1,246. APPROVED AS TO FUNDS AND ACCOUNTS: &t/~ )aQ~- Enrlq~ J. /Alv'!t' Execu i ve ,bix:.e!'ctor Pers~el ~'e'~vices Department ':\~ ~ Francisco Gutierrez Executive Director r~ Finance & Management Services Agency 25J-3 25J-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 7, 2005 TITLE: ADELPHIA COMMUNICATIONS FRANCHISE EXTENSION CLERK OF COUNCIL USE ONLY: APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ,y MrZ CONTINUED TO ./ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving the Seventh Amendment to Cable Television Franchise Agreement and authorizing the City Manager and Clerk of the Council to execute this agreement. DISCUSSION The City's current extension with Adelphia will expire on February 20, 2005. The City and Adelphia have been in substantive negotiations over the past six months; however, both sides agree that additional time is necessary to finalize the provisions of the contract. Additionally, the Adelphia bankruptcy proceedings have complicated the process. The subject 120-day extension will allow additional time to permit a thorough renewal process. During the extension, all existing cable services will remain in place, and staff will continue to monitor and document Adelphia's performance. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo R. Moue Executive Direc or Parks, Recreat'on and Community Services 25K-1 RESOLUTION NO. 2005-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SEVENTH AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ADELPHIA CABLEVISION OF SANTA ANA, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. That certain Seventh Amendment to Cable Television Franchise Agreement, in the form presented to this meeting, is hereby approved. Section 2. The City Manager is authorized and directed to execute said Seventh Amendment on behalf of the City, and the City Clerk is directed to attest thereto, Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Council members 12097-0002\784596v2,doc -1- 25K-2 ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-008 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 12097-0002\ 784596v2,doc Clerk of the Council City of Santa Ana -2- 25K-3 SEVENTH AMENDMENT TO CABLE TELEVISION FRANCHISE AGREEMENT THIS SEVENTH AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT, effective as of the date specified below in Section 5, is entered into by the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("Grantor"), and Adelphia Cablevision of Santa Ana, LLC, dba Adelphia Cable Communications, a Delaware Limited Liability Company ("Grantee"). RECITALS: A. Grantee currently operates and maintains a cable television system in the City of Santa Ana under the authority of Sections 1300 et seq. of the Santa Ana City Charter, former Article II of Chapter 15 of the Santa Ana Municipal Code (now uncodified), entitled "Community Antenna Television Systems," former Article III of Chapter 15 of the Santa Ana Municipal Code (now uncodified), entitled "Cable Television Subscriber Protection," and Ordinance No, NS-1628, as adopted on May 3, 1982, which granted a nonexclusive franchise to Group W Cable, Inc., a New York corporation. The terms of that nonexclusive franchise were set forth in that certain agreement dated June 21, 1982, entitled "An Agreement between the City of Santa Ana and Group W Cable, Inc. to Use the Streets and Public Ways within the City of Santa Ana for the Operation of a Cable Television System for Fifteen Years under Certain Terms and Conditions and Fixing an Effective Date." This Agreement was later modified by a First Amendment to Agreement dated February 7, 1983, by a Second Amendment to Agreement dated December 28,1984, by a Third Amendment to Franchise Agreement dated March 6,1989, by a Fourth Amendment to Cable Television Franchise Agreement dated June 12,2002, by a Fifth Amendment to Cable Television Franchise Agreement dated February 18, 2003, and by a Sixth Amendment to Cable Television Franchise Agreement dated August 2, 2004. B. Under the provisions of paragraph (d) of Section 13 of the Third Amendment to Franchise Agreement dated March 6, 1989, the City consented to the transfer of the cable television franchise from Group W Cable, Inc. to Comcast Cablevision of Santa Ana, Inc., a Delaware corporation. C. By letter dated January 31, 1997, and in accordance with Section 2.1 ("Grant") of the Agreement, as amended by the Second Amendment to Agreement dated December 28, 1984, the Grantee's predecessor-in-interest exercised its option to extend the initial IS-year term of the franchise for an additional five years by giving written notice by certified mail to the Grantor's City Manager. The Agreement, as previously extended by the Sixth Amendment, is now scheduled to terminate at midnight on February 20,2005. D. In a transaction that was consummated on December 31,2000, Comcast Cablevision of Santa Ana, Inc, was converted to a Delaware limited liability company, and all of the ownership interests in Comcast Cablevision of Santa Ana, LLC were transferred by its parent corporation, Comcast Cablevision Corporation of California, to a wholly-owned subsidiary of the ultimate parent corporation, Adelphia Communications Corporation. This transaction, which 12097-0002\784594v3.doc 1 25K-4 involved a change of control, did not require the prior consent of the Grantor under Section 1300 of the Santa Ana City Charter. E. On February 15,2001, a Certificate of Amendment to Certificate of Formation was filed by Comcast Cablevision of Santa Ana, LLC with the Delaware Secretary of State. This Certificate of Amendment changed the name of Comcast Cablevision of Santa Ana, LLC to Adelphia Cablevision of Santa Ana, LLC. F. On June 25,2002, Grantee, as well as its parent company (Adelphia Communications Corporation) and various affiliated entities, filed voluntary petitions to reorganize under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York. The debtors are currently operating their respective businesses as debtors-in-possession and have the right to enter into this Seventh Amendment in the ordinary course of business. G, Grantor and Grantee desire to enter into this Seventh Amendment for the purpose of extending their respective rights and obligations under the Agreement for an additional period of time, not to exceed three months from its current termination date of February 20, 2005. THE PARTIES AGREE AS FOLLOWS: Section 1. Section 2.4 ("Duration") of Section 2 ("Grant of Franchise") of the Agreement is amended in its entirety to read as follows: "2.4 Duration. Notwithstanding any provisions to the contrary set forth in this Agreement, the term ofthe franchise is extended for an additional period of time not to exceed three months from its current expiration date of February 20,2005. The franchise will terminate upon the first to occur of (i) the effective date of an agreement renewing the Cable Television Franchise Agreement; or (ii) midnight on May 20, 2005. Renewal, if any, will be in accordance with then applicable law." Section 2. Except as modified in this Seventh Amendment, either expressly or by necessary implication, the terms and conditions of the Agreement remain in full force and effect. Both parties reserve all rights under applicable provisions of the Cable Act, including Sections 626 and 635. Nothing herein shall be deemed or construed as a waiver, release, or surrender of any right that either party may have under the Cable Act or any other applicable law. Section 3. Grantee's execution of this Seventh Amendment will not constitute either an assumption or a rejection by Grantee of the Agreement, nor a waiver of Grantee's rights under Section 365 ofthe U.S. Bankruptcy Code (11 U.S,C, 9365). Section 4. This Seventh Amendment will be legally binding upon the Grantor and Grantee from its "Effective Date," as specified in Section 5 below, and upon any assignee or transferee of the Agreement that may hereafter be authorized by the Grantor, or by the U.S. Bankruptcy Court, or both. 12097-0002\784594 v3 .doc 2 25K-5 Section 5. It is the intention of the parties that the Grantee will first execute this Seventh Amendment and then submit it to the Grantor. The Grantor's City Clerk will insert the execution date in all counterparts of this Seventh Amendment, attest to the execution of those counterparts by a duly authorized officer of the Grantor, and transmit one fully executed counterpart to the Grantee. The "Effective Date" is the date on which this Seventh Amendment is signed on behalf of the Grantor. TO EFFECTUATE THIS SEVENTH AMENDMENT, each of the parties has caused this Seventh Amendment to be signed by its duly authorized representative as of the date set forth below each authorized signature. ATTEST: "GRANTOR" CITY OF SANTA ANA City Clerk APPROVED AS TO FORM: By: City Manager Date: City Attorney "GRANTEE" ADELPHIA CABLEVISION OF SANTA ANA, LLC, a Delaware limited liability company, dba ADELPHIA CABLE COMMUNICATIONS By: UCA, LLC, a Delaware limited liability company, its sole member, By: ACC Operations, Inc., a Delaware corporation, its sole member, By: Title: Date: APPROVED AS TO FORM: Corporate Counsel 12097-0002\ 784594v3,doc 3 25K-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: VARIANCE NO. 2004-06 FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS AT 2100 SOUTH BRISTOL STREET, SUITES B, C AND D - STERLING EQUIPMENT COMPANY, y~PLI= t24J1Z~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2004-06 as conditioned. PLANNING COMMISSION ACTION On January 10, 2005, the Planning Commission adopted a resolution approving Variance No. 2004-06 as conditioned by a vote of 6:0 to allow the expansion of an existing coin laundry facility at 2100 South Bristol Street, Suites B, C and D (Exhibit A). The Planning Commission added a condition to add a full-time attendant on the premises. FISCAL IMPACT There is no fiscal impact associated with this action. )1.) Stephen G. Hardi Executive Director Planning & Building Agency VC:rb vc\reports\va04-06.cc 31A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JANUARY 10, 2005 TITLE: PUBLIC HEARING - VARIANCE NO. 2004-06 FILED BY STERLING EQUIPMENT COMPANY FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS AT 2100 SOUTH BRISTOL STREET, SUITES B, C AND D APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Verny Carvaj al .$)~}M' Executive ~ctor ~nning Manager RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-055 2. Adopt a resolution approving Variance No. 2004-06 as conditioned. DISCUSSION Request of Applicant The applicant, Sterling Equipment, is requesting approval of a parking variance to allow the expansion of an existing coin laundry facility at 2100 South Bristol Street, Suites B, C and D. Property Description The property is approximately .28 acres in size and is situated on the southwest corner of Saint Gertrude Place and Bristol Street. The property is located within the Bristol Corridor Specific Plan (SP-1) zoning district and has a General Plan land use designation of General Commercial (GC). The property is located within an integrated development site that consists of eight buildings encompassing approximately 111,357 square feet of retail, restaurant and medical uses. The laundromat is within an existing multi-tenant retail building totaling 6,000 square feet. As part of an integrated development, the center has a total of 575 parking spaces. Surrounding land uses include multi-family residential to the north, commercial to the south and east, and multi-family residential to the west (Exhibits 1 and 2) . EXHIBIT A 31A-2 Variance No. 2004-06 January 10, 2005 Page 2 Project Description The applicant proposes to expand an existing coin-laundry facility currently operating in Suite B of the retail building into Suites C and D. The existing 1,260 square foot tenant area, which contains 34 washers and 15 dryers, will be increased to 3,060 square feet in order to increase the available services of the existing coin laundry use. The proj ect will require tenant improvements within the existing buildings in order to create a larger tenant suite with a total of 46 washing machines and 24 dryers. Since the original coin laundromat was approved without the benefit of a conditional use permit, the expansion of the facility requires full compliance with current coin laundromat standards (Exhibits 3 and 4) . Analysis of the Issues The applicant is requesting approval of a variance from Section 41-1350 to allow a reduction in required parking for the expanded laundromat. Based on the City's code requirements, a total of 624 parking spaces are required for the retail center including the proposed coin laundry expansion. A deficiency of 49 parking spaces is anticipated, equivalent to a seven percent reduction. The standards adopted for laundromats in 1995 included a change in the parking requirement for this use from five spaces per 1,000 square feet of area to six spaces per 1,000 square feet of area. Since the available parking supply for the proposed laundromat expansion does not meet this requirement, the applicant is seeking a variance from the code. In order to analyze whether or not the existing parking count would be adequate enough to support the proposed expansion, a parking analysis was prepared by Kunzman Associates, a traffic engineering firm, for the project. The study, using the Urban Land Institute (ULI) shared parking methodology, concluded that sufficient on-site parking is available to serve the existing uses and the proposed Laundromat expansion. Further, the parking consultant performed parking lot counts for the existing center and applied the retail parking requirement to the vacant spaces. This analysis also determined that sufficient parking will be provided on the site (Exhibit 5) . The Shared Parking Analysis for the 2100 South Bristol Street Shopping Center was intended to provide an analysis of the parking demand based on the different activity patterns and uses within the center. It reviewed the City's parking requirement for coin laundromats and proposed an alternative demand based on other parking generation factors and/or actual 31A-3 Variance No. 2004-06 January 10, 2005 Page 3 parking usage. Two methodologies were used while conducting the parking analysis. The first methodology was the Urban Land Institute (ULI) shared parking concept and the second combined actual parking lot counts for the existing land uses plus the vacant land uses per the actual code requirements. Both methodologies concluded that sufficient parking was provided to meet the peak parking demands of the shopping center. The study found that the existing 575 parking stalls available at the shopping center are sufficient to accommodate future parking demand. The number of parking spaces provided is 575, while the maximum number of parking spaces expected to be occupied is 352. A total of 38 percent of the parking spaces were proj ected to be unoccupied with maximum demand based on all uses. The conditional use permit for this project was considered separately at a Zoning Administrator hearing held on December 22, 2004. This conditional use permit is the subject of a separate Planning Commission action agendized for this meeting. The full details related to the conditional use permit are contained in that staff report. The final approval of the conditional use permit is contingent upon the approval of this parking variance. In summary, the issuance of a variance will allow a proj ect that will benefit the community by providing an increased level of service to individuals who live and work in the area. Additionally, the expansion of an existing laundromat use will facilitate revitalization of South Bristol Street. As a result, based on the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, approval is recommended for Variance No. 2004-06 as conditioned (Exhibits 6 and 7) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration Environmental Review No. 2003-055 has been prepared for this proj ect (Exhibit 8). The Negative Declaration was available for public review from June 21st through July 10th, 2004 with no comments received. The mitigation monitoring program is contained as a condition of approval and has been attached as Exhibit 8 in this report. .~~ ~? Verny Carvajal Associate Planner u~ VC:JM vc\reports\va04-06,pc 31A-4 ~ R1 lJ~ ~ ~tJl:j tJ tJl:JrntJl:J t , -~ A1 ~. ",~':A~l ~: ' -, =-p';'~ R1 R1 00 ~ ~ ~- 0 ~ ~ DO r.iRK~ ~ ~ 0 R1 ; R1 ('~. j.~R_Bl i - R1 Rl- ~ ~ Rl- w If R1 "C5 PRO~ ffiPRD~~ j Jq , ",AI. \ ~ -l........sT '-- '--1k-' ~. ; Rl-PRD 1\ R1 ) 0 Ii; _ [ Rl _ \\@ . ~IR2,... Rl \r\~ru \1 B ~1 Sf'" BR -. STANOAEW ~\ CARLTON PI. fA ~ \' Rl NPl Rl Rl ~ R1 Sf ~ . R I Rl Rl ~ ~ _ LI R1 R1 Sfi:! ;;:~: ~ 0 0 ~ ~ l~ I ijii GLENWOOD PL. !~~J~~ R1 R1 -- """R1"" ~ -==- > = ~ R1 R1 R1C1l ~A< R1 R1 R1 R1 R1 ~ j R1 r--~~ o R1 ~ll ~ 3 o Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 R1 ll~ _ ~ T. ERT R1 Rl Rl R1 R1 ~ ~ I R1 R1 I ~c , s I R1 R1 if - R1 R1 R1 R1 R1 R1 sf] ,~ R1 ~:::::--- I R1 I R1 Rl ~ " PI. R1 R3 ".M'.,. llil;; - R2~ I \\ \ \ I - ~ ~ PRoJG SITE R1 R3 ,'" ~ _ ~ R1 R1 '~f SD-2f "L'" I C2t -.~-----~- ,1, ~1~, R1 I < R188 R1 R1 _ R1. R1 . R1 '" ~I) R1 Rl Rl RJ C2 ~I 1- R1 l- AV C4 en R1 -' (""jiim:v f2 en a; en - Rl o 11 R1 ~ R1 ~ R1 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM_ COMMERCIALJMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL ~ L-- i I R1 ""-::::R Rl ~ ~~71 0~WARNER AV_ I~ ~ '/ ~ R1/~R1 ~I ~ ~~: ." @ roE~~r Rl Rl R1 c'" ~ ~ R1 R 1 ..., 'U( ~ ~ 1. = 1000 FEET P LAN N N G o C2 1-0--......43. 1 R2-PRD ~ I~"-:"'~\ " I, II I,\.../~' ,- 8 ~ R1 ~ ~ C2 R3 3 Rl R1 R3 R' R1 VA 04-6 COIN LAUNDROMAT 2100 SOUTH BRISTOL STREET SUITE B, C, AND D AND C4 EI ~-I""-\- CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT B U I L 0 EXHIBIT 1 31A-5 N G R1 R1 '-- - '-- '- r-- r-- R1 R1 R1 '-- ~ Rl R2 R3 R1 ~ 8ij R1 BB~ -- 1 R1 R1 R1 R2 I R1 l- I R1 o ~G R1[ R1 R1 R M1 o R1 ~Rl ~ SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A rPi' - = 500 FEET AGE N C Y . ~ M U L T / F M / L Y RE /DENT/AL IA r9{' t- W W M U L T / F M/ Y R E / D NT/ A L a: t- -.J -.J en <( <( - - f- f- <:: <:: ST. GERTRUDE PLACE Q Q - - CJ) CJ) -.J lJ.J lJ.J ~ FAST ct ct ~ V A C A N T FOOD 9 RESTAURANT f2 ct :>- -.J ~ ~ f::: -.J <( S - ~ f- <:: SHOPPING ..J lJ.J 0 Q C E N T E R t- - en CJ) ~ lJ.J ct m VA 04-6 COIN LAUNDROMAT 2100 SOUTH BRISTOL STREET SUITE B, C, AND D PLANNING AND BUILDING AGE N C Y - EXHIBIT 2 31A-6 I I I I I Ij ,.i' .~ It j J _-1-_ <~ . :Li; t <:f . i )) d ~ '" ~.Ai I .j I I I I r l~ 1 f" J n D J J 1 J i. 1 }- "' ~~ ~s~ 3~~ t; i E:;~ ~ ~~i I:i i:< :qn f ~ ~ ~ ~ '-.J Ji CJ ~ ~ L ~ ~ :l ~~ <~ >-i'; ~;p; - 1 J I I I I I I I I ~ I III I III ; III I ..J ~ I ~1I 1 I 8fl J I ~~ I I I I I I I I >-' z <( Il' ~ >- III il!~ :x~ ~~ }- II. \.l ::> ..J 1 [)+tjffit[] ~ ~ .tfWl+l1Ln ~ U .rrrrrrru - ~ L GtHtttt[ ~ .' ~ t~ .1" MH-tt-[] ~ F H I r fll I 1..1 I I n 'T ...--;.-_ I I :"'~,'IIC !ffl~7 ~OOz:'1 .J.:llJ.~IJJGa 1 t \: : II OIl I , I , I I 1, :L ! I JI 4\' I l ~~~~~~~~~~~~ t~~~~~~~~~\~~~ 1~~~~~~~\~~~ i ~~~~~~~~~~\~~~ ~\~~\~~~~~~~ , J "" ~I OIl ..Ji 81 Ill' iii' III I , I , I , I I I I I I , I I I t: I - -j I I I I ~~ I ~ ~ i ~~. I~~% I Illnu~~I: I t i ~i ~ n ~! ; ~ II I' .." II I ~ ~ i!i 0 ::q * * ~I g ; i 'I SIf !lllU H II! gill I ~ ~ ~ 0 ," . .' ~ 'I : ~. ;; 8~ I!~IU HI ~ ill II~' i ~ !Wl!~I,1 ~<~ I: t.,,1 w il5 i r,' i ~ 5 Iii ~~3. ! a 5 i~ ~ ~ ~ I ~ - 3 III Q",. Ii 8:, ~ ;s ~ ~. Mil~! II I II ~,., } , I I I ~ , z~ :5~ lL~ ~! Ci5 C)' z i= (/) x .w J( .~/,,,, ~~N~"''' -(J ~ f- = U ::: .@I w ~ II l- e I , ~h ~ ~ -il I . U It ~ < .. If .. N .. -~ I" ,~ e I 'i.....~ z , 5i :; ~ I !!! 01 N f- g W -T-T-T-T-T-T-T-T-T-T-T-' I V') U I I.J ,1.1.11.1.1,111 I ~ ~ Cli lei 10 10 ICl 10 ,0 10 JO 10 10 11:1 I ~ -~-~-~-~-~-~-~-~-~-~-~-~ 1 w > e 0 ~ (;l , i I ~ "f '" I INnU l~J 0 I w ~ [.I-r-r-I-}r-r-}}}L! ,;! I ~ ===~=======================---------= 1 e -1 iJ 5 rTTTTTTTTTTT.~.~ 01 , e ~ e , t': I t!x..l!.J!..l!x.J!.J!--.i!.J!X...L I _ t I , ~ -1 · t""' '" 1-~1 e I ........ '"J I ~~1=~===--------=--==--=---------===== I L~j 'I r:TTTTTTTTTTT~~ I l! ..J.! ..La.J! ...l! .J! .J! .J! ...l! owl!.J!.J! I . I I 0 ; ~ i ii.j I , n; I -T-T-T-T-T-T-T-T-T-T-T-' 01 .. a: Cli : ci : cli : d : ci : 0: ci : ci : Q : ci : Iii : ~ -~-~-~-~-~_~_~_L_~_~_L_~ I S I Q. ~~ 1 Cl z i~ I 0 ~ ill ...J e 5 , 1 CD I~ n; 1 c w ; Ul I ~ 01 ~ i~ Q. =~ _=.J I~ ~~ .0-.09 i~ ~ -L1Q 0 jj 'I , ~ I. I~ 11 I" 0 -I I , 5~ ~ , I 01 I 1 e 01 1 , 51 I !'!l I I 0 I. z , u! 01 0 ~ e iii , 1 ~ L z I ~ 1:\ I ~ r-T-T-T- "- 11, 1.1.1 I >- 10 10 I ell 101 IX: Il ,..__4-_..L._..L._...l._J [,1- r-r-I- I-I-I.} r- I-I- 1- 1- J I 0 ~' I ci I 8 z 0 i=-:j ill ~}}}}}}}}}}I-}}J I ~ t , :5 n; A I 0 .. -T-T-T-T-T-T-T-T-' 01 w ~~--r-~~-r- ~ tu' Cli : Ii : ci : a : a : ci : ci : ci : ci : Ilillill:liil.l. _L_...l._..L._L_L_L_..L._L_J '--l-....I.........I.........I.........I..... I ~ ~ w 1 ll. I c;> ..J ~ Z ~ ;11~ I 5 en 0 U ~tS e I ..J 0 5 n; ii~. I CD w ~f Cl ~ I z ~~ ;:: ll. 01 en 0 iii a: _=.J ll. .0-.09 ~l~d @ KUNZMAN ASSOCIATES TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING November 8, 2004 Mr. Sean Phillips STERLING EQUIPMENT COMPANY 11816 Western Avenue Stanton, CA 90680 Dear Mr. Phillips: We are pleased to present this parking analysis of the 2100 South Bristol Street, Suites B, C, and D coin laundry project in the City of Santa Ana. This report summarizes our methodology, analysis and findings. We trust that the findings, which are summarized in the front of the report will be of immediate as well as continuing value to you and the City of Santa Ana in evaluating the project. Two methodologies be used while conducting this parking analysis. The first methodology used is the Urban Land Institute's, (ULI) shared parking and methodology two combines parking lot counts for the existing land uses plus the vacant land uses parked at the City of Santa Ana parking code. Figure 1 shows the site location and Figure 2 shows the site plan including parking spaces. FINDINGS 1, Current number of parking spaces provided at the shopping center is 575, and that number of parking spaces will be available after the expansion. 2. Methodology one concludes that the maximum parking demand of 562 parking spaces is less than the number of parking spaces provided, and that the 575 spaces provided are sufficient to accommodate anticipated parking at shopping center. 3, Methodology two concludes that the maximum parking demand of 352 parking spaces is less than the number of parking spaces provided, and that the 575 spaces provided are sufficient to accommodate anticipated parking at shopping center. 1111 TOWN & COUNTRY ROAD, SUITE 34 . ORANGE, CA 92868-4667 TELEPHONE: (714) 973-8383 . FACSIMILE: (714) 973-8821 E-MAIL: MAIL @ TRAFFIC-ENGINEER.COM . WEB: WWW.TRAFF1C-ENG1NEER.COM !11\~ 4. Using the two methodologies it is concluded that there is sufficient parking provided. 5, The two methodologies results vary substantially. The reason is that the actual parking demand as measured in methodology two is substantially lower than the City's parking code combined with the Urban Land Institute's .shared parking calculation, Every development has different clientele, different stores, and the clientele has different socioeconomic characteristics. In this case, there is probably more walk in traffic than average and the car occupancy is probably higher than average, both of which reduce the number of parking spaces needed. By surveying the actual peak parking demand for the occupied land uses, essentially real time data was collected versus calculating a peak hypothetical parking demand. MethodolOQV One 1. Based on calculations in this report, a maximum parking demand of 533 parking spaces will occur on weekdays at 7:00 PM, and a maximum parking demand of 562 parking spaces will occur on Saturday from 1 :00 PM, Methodoloav Two 1. Based on calculations in this report, a maximum number of parking spaces needed is 352 parking spaces. METHODOLOGY ONE (SHARED PARKING CONCEPTl We are pleased to present this shared parking analysis of the 2100 South Bristol Street, Suites B, C, and D coin laundry project in the City of Santa Ana. This report summarizes our methodology, analysis and findings. We trust that the findings, which are summarized below will be of immediate as well as continuing value to you and the City of Santa Ana in evaluating the project. Findinas 1. The land uses include retail, restaurant, doctor/medical, and coin laundry. 2. Based on the City of Santa Ana parking code, 624 parking spaces are required. 3. Current number of parking spaces provided at the shopping center is 575. 4. The retail parking demand peaks mid afternoon on both weekdays and weekends. The restaurant parking demand peaks at lunch and in the evening on both weekdays and weekends. The doctor/medical parking demand peaks mid 31&10 afternoon on both weekdays and weekends. The coin laundry parking demand peaks mid afternoon on both weekdays and weekends, 5. Because the peak parking demands for the various land uses are non- coincidental, there is substantial opportunity for shared parking to occur. 6, Based on calculations in this report, a maximum parking demand of 533 parking spaces will occur on weekdays at 7:00 PM, and a maximum parking demand of 562 parking spaces will occur on Saturday from 1 :00 PM. Proposed Parkina This traffic study is for the 2100 South Bristol Street, Suites B, C, and D coin laundry. The shopping center contains approximately 91,522 square feet of retail, 11,765 square feet of restaurant, 2,550 square feet of doctor/medical, and 5,520 square feet of coin laundry. Parkina Code The City of Santa Ana parking code requirements are listed in Table 1, Based on the parking code, a total of 624 parking spaces will be needed if all land uses simultaneously generated their maximum parking demands. Shared Parkina This parking analysis utilizes what is known as the shared parking concept. The Urban Land Institute (ULI) recommends a procedure for calculating shared parking. The ULI recommended procedure is utilized in this analysis, The idea of a shared parking analysis is that if the various land uses have peak parking demands at different points in time, or on different days of the week, then the number of spaces required is not the sum of the parking requirements for each land use, but rather less. If the peak demands for the various land uses are non-coincidental, then there is an opportunity for sharing of parking. To determine the degree to which shared parking can occur, the cumulative hourly parking demand of the land uses is calculated at all points in time throughout the day for both weekdays and weekends. With the parking demand. known by hour and day, then the maximum peak parking demand during a seven day week can be determined. The maximum expected parking demand during the seven day week is then used as a basis for determining the number of parking spaces needed. The retail parking demand peaks mid afternoon on both weekdays and weekends, The restaurant parking demand peaks at lunch and in the evening on both weekdays and weekends. The doctor/medical parking demand peaks mid afternoon on both weekdays and weekends. The coin laundry parking demand peaks mid afternoon on both weekdays and weekends. Because the peak demands for the various land uses are 31A.r11 non-coincidental, there is substantial opportunity for sharing of parking, To determine the degree to which sharing of parking can occur, the cumulative parking demand of the land uses has been calculated at all points in time throughout the day for both weekdays and Saturday, Table 2 shows the expected peak parking demand of the land uses for both weekdays and Saturday. Examination of Table 2 shows when each of the land use's parking demand peaks, and then shows when the cumulative parking demand peaks for all uses combined. For weekdays the maximum parking accumulation occurs at 7:00 PM and is 533 parking spaces, For Saturday the maximum parking occurs from 1 :00 PM and is 562 parking spaces. The percentage information for the various land uses in Table 2 was estimated by Kunzman Associates after discussion with City Staff members Vincent Fregoso and Verny Carvajal. The percentage information shows how much of the maximum parking demand occurs in anyone hour. The parking space demands in Table 2 were calculated by multiplying the percentages by hour times the peak parking demand for each land use, and then summing over the various land uses to determine the cumulative parking demand by hour of day. As can be seen from the above discussion, 562 parking spaces are needed to satisfy the parking demand at all points of time in the week. The current number of parking spaces provided at the shopping center is 575. METHODOLOGY TWO (MAXIMUM OBSERVED PLUS PARKING CODE FOR VACANCIES AND EXPANDED USES Kunzman Associates has been asked to conduct this parking analysis for the 2100 South Bristol Street shopping center to determine if adequate parking spaces are provided for the project site. The shopping center currently provides a total of 575 parking spaces. Figure 2 illustrates the shopping center site plan. The coin laundry is an existing store that will be expanded to have a total of 3,000 square feet. In addition, 21,814 square feet of retail is currently unoccupied within the shopping center, This report summarizes our methodology, analysis and findings. We trust that the findings, which are summarized in the front of the report, will be of immediate as well as continuing value to you and the City of Santa Ana in evaluating the projects parking. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. 31"4'12 Findinas 1. The project site is located at 2100 South Bristol Street, Suites B, C, and D in the City of Santa Ana. The coin laundry is an existing store that will be expanded to have a total of 3,000 square feet. In addition, 21,814 square feet of retail is currently unoccupied within the shopping center. 2, The maximum number of occupied parking spaces today at the shopping center is 225 parked vehicles on Saturday between 1 :00 PM to 1: 15 PM. (see Table 6). Three days were counted and this is the peak parking demand, 3. The shopping center currently provides a total of 575 parking spaces, 4. Based upon the City of Santa Ana Parking Code requirements, the proposed coin laundry use will require 3,000/167 or 18 parking spaces. The unoccupied retail stores will require 21,814/200 or 109 parking spaces. The total additional parking spaces needed at the shopping center above the existing Saturday peak parking demand is 127 parking spaces. 5, The weekend (Saturday) peak parking demand is expected to be a total parking demand of 352 (225+18+109) parking spaces for the entire shopping center. Parkina Code The City of Santa Ana Parking Code requirements are included within Appendix B. The coin laundry is an existing store that will be expanded to have a total of 3,000 square feet. In addition, 21,814 square feet of retail is currently unoccupied. Based upon the City Parking Code requirements, a total of 1 parking space for each 167 square feet of floor space is required for the proposed coin laundry use and 1 parking space for each 200 square feet of floor space is required for the unoccupied retail stores, The City Parking Code requirements indicate that the proposed coin laundry use will require 3,000/167 or 18 parking spaces. The unoccupied retail stores will require 21,814/200 or 109 parking spaces. The total additional parking spaces needed at the shopping center above the existing Saturday peak parking demand is 127 parking spaces, Future Land Uses Table 3 exhibits the future land uses for the 2100 South Bristol Street shopping center and the parking required per the City Parking Code. The Parking Code calculations assume that the shopping center is one hundred percent occupied for all land uses, The amount of required parking spaces per the City of Santa Ana Parking Code is 624 parking spaces, 31~413 Parkina Survey To quantify the existing parking demand for the 2100 South Bristol Street shopping center, a parking survey was conducted on three different days. The existing parking demand was determined by surveying the existing facility at 15-minute intervals on Saturday (January 10, 2004) from 10:00 AM to 3:00 PM, Tuesday (January 13,2004), and Wednesday (January 14, 2004) -from 5:00 PM to 8:00 PM. In addition, the shopping center parking lot was divided into four (4) parking zones as shown on Figure 3, Normally, weekend parking is higher than weekday parking at shopping centers. The existing parking surveys are shown in Tables 4 to 6, As indicated in Table 4, the maximum number of occupied parking spaces at the shopping center is 225 parked vehicles on Saturday from 1 :00 PM to 1: 15 PM. The maximum number of occupied parking spaces on a Tuesday was 190 parked vehicles from 6:30 PM to 6:45 PM (see Table 5), and 170 parked vehicles were counted on a Wednesday from 7:00 PM to 7: 15 PM (see Table 6), Anticipated Actual Maximum Parkina Demand for Future Shoppina Center Table 7 exhibits the existing actual parking demand, plus the Parking Code demand for the unoccupied 21,814 square feet of retail, plus the Parking Code required for the 3,000 square feet of coin laundry proposed for the shopping center. The future Parking Code calculation assumes that the shopping center is one hundred percent occupied. The maximum number of occupied parking spaces today at the shopping center is 225 parked vehicles on Saturday from 1 :00 PM to 1: 15 PM. The 21,814 square feet of retail at 1 parking space per 200 square feet of floor space requires 109 parking spaces. The 3,000 square feet of coin laundry at 1 parking space per 167 square feet of floor space requires 18 parking spaces. The weekend (Saturday) peak parking demand is expected to be a total parking demand of 352 (225+18+109) parking spaces for the entire shopping center. The total amount of parking spaces needed is 352 parking spaces, Conclusions The existing on-site parking is sufficient at 2100 South Bristol Street shopping center to accommodate future parking demand, based upon the parking survey analysis. The number of parking spaces provided is 575, and the maximum number of parking spaces expected to be occupied is 352 parking spaces. A total of 38 percent of the parking spaces are projected to be empty in the shopping center when the maximum parking occurs. 31A4'14 It has been a pleasure to serve your needs on this project. Should you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMAN ASSOCIATES QJ P-j)JA Carl Ballard Senior Associate #2906b 31"415 KUNZMAN ASSOCIATES AA/~ ~a-v-. William Kunzman, P,E. Principal Professional Registration Expiration Date 3-15-2004 Table 1 Future Shopping Center Parking Required Per Code Required Parking Code Parking Land Use Quantity Units 1 Requirements2 Spaces Retail 91 ,522 TSF 5/1,000 458 - Restaurant 11 ,765 TSF 10/1,000 118 Doctor/Medical 2,550 TSF 6/1,000 15 Coin Laundry 5,520 TSF 6/1,000 33 Total 111,357 TSF 624 1 TSF = Thousand Square Feet 2 See Appendix B. 31A:T16 Table 2 Cumulative Parking Demand by Hour and Day Retail Restaurant Medical OIIice Coin Laundry Maximum Space Maximum Space Maximum Space Maximum Space Demand = 458 Demand = 118 Demand = 15 Demand = 35 Total Percent of Parking Percent of Parking Percent of Parking Percent of Parking Parking Hour of Maximum Spaces Maximum Spaces Maximum Spaces Maximum Spaces Spaces Day Demand Needed Demand Needed Demand Needed Demand Needed Needed Weekday 6:00 AM 0 0 0 0 0 0 0 0 0 7:00 AM 10 46 5 6 10 2 20 7 60 8:00 AM 20 92 5 6 90 14 40 14 125 9:00 AM 40 183 10 12 90 14 60 21 230 10:00 AM 70 321 20 24 90 14 70 25 382 11:00 AM 80 366 30 35 90 14 60 21 436 NOON 90 412 70 83 60 9 50 18 521 1:00 PM 90 412 70 83 60 9 50 18 521 2:00 PM 90 412 60 71 90 14 60 21 518 3:00 PM 90 412 60 71 100 15 70 25 523 4:00 PM 80 366 50 59 100 15 70 25 465 5:00 PM 80 366 70 83 90 14 60 21 484 6:00 PM 80 366 90 106 80 12 60 21 506 7:00 PM 80 366 100 118 90 14 100 35 533 . 8:00 PM 80 366 100 118 80 12 100 35 531 9:00 PM 60 275 100 118 60 9 80 28 430 10:00 PM 30 137 90 106 30 5 30 11 259 11:00 PM 20 92 70 83 10 2 10 1 177 MIDNIGHT 0 0 50 59 0 0 0 0 59 Saturday 6:00 AM 0 0 0 0 0 0 0 0 0 7:00 AM 5 23 5 6 5 1 20 7 37 8:00 AM 5 23 5 6 5 1 40 14 44 9:00 AM 20 92 10 12 5 1 60 21 125 10:00 AM 50 229 10 12 50 8 70 25 273 11:00 AM 80 366 40 47 60 9 60 21 444 NOON 90 412 70 83 50 8 40 14 516 1:00 PM 100 458 70 83 50 8 40 14 562 . 2:00 PM 100 458 60 71 70 11 50 18 557 3:00 PM 100 458 50 59 80 12 70 25 554 4:00 PM 90 412 50 59 80 12 70 25 508 5:00 PM 80 366 60 71 70 11 60 21 469 6:00 PM 70 321 90 106 60 9 60 21 457 7:00 PM 60 275 100 118 60 9 100 35 437 8:00 PM 50 229 100 118 60 9 100 35 391 9:00 PM 40 183 100 118 40 6 80 28 335 10:00 PM 40 183 100 118 40 6 30 11 318 11:00 PM 10 46 90 106 10 2 10 4 157 MIDNIGHT 0 0 70 83 0 0 0 0 83 The highest weekday demand is 565. The highest weekend demand is 561. . = Peak Parking Demand 31~417 Table 3 Future Shopping Center Parking Required Per Code Required Parking Code Parking Land Use Quantity Units 1 Requirements2 Spaces Retail 91,522 TSF 5/1,000 458 Restaurant 11 ,765 TSF 10/1,000 118 Doctor/Medical 2,550 TSF 6/1 ,000 15 Coin Laundry 5,520 TSF 6/1,000 33 Total 111 ,357 TSF 624 1 TSF = Thousand Square Feet 2 See Appendix B. 3~~418 Table 4 Saturday (January 10, 2004) Parking Count Number of Parked Vehicles Parking Parking Parking Parking Time Period Zone A Zone B Zone C Zone 0 Total Parking Spaces Available 159 179 157 80 575 10:00 AM - 10:15 AM 41 61 60 6 168 10:15 AM - 10:30 AM 42 64 62 7 175 10:30 AM - 10:45 AM 44 58 61 8 171 10:45 AM - 11 :00 AM 50 62 68 4 184 11:00 AM - 11:15 AM 51 64 70 3 188 11:15 AM -11:30 AM 49 63 71 3 186 11 :30 AM - 11 :45 AM 52 66 74 1 193 11 :45 AM - 12:00 NOON 55 67 72 1 195 12:00 NOON - 12:15 PM 56 70 74 0 200 12:15 PM -12:30 PM 53 79 75 0 207 12:30 PM - 12:45 PM 54 86 74 0 214 12:45 PM -1:00 PM 57 84 76 0 217 1:00 PM -1:15 PM 65 83 77 0 225 * 1:15 PM - 1:30 PM 69 79 70 0 218 1:30 PM -1:45 PM 71 72 71 1 215 1 :45 PM - 2:00 PM 64 69 73 1 207 2:00 PM - 2:15 PM 51 66 71 1 189 2:15 PM - 2:30 PM 54 73 70 1 198 2:30 PM - 2:45 PM 55 82 68 1 206 2:45 PM - 3:00 PM 57 81 70 1 209 * = Maximum number of occupied parking spaces. 3~~419 Table 5 Tuesday (January 13, 2004) Parking Count Number of Parked Vehicles Parkfng Parking Parking Parking Time Period Zone A Zone B Zone C Zone 0 Total Parking Spaces Available 159 179 157 80 575 5:00 PM - 5:15 PM 51 59 42 0 152 5:15 PM - 5:30 PM 54 67 47 0 168 5:30 PM - 5:45 PM 56 85 2 1 144 5:45 PM - 6:00 PM 59 73 47 0 179 6:00 PM - 6:15 PM 53 62 43 0 158 6:15 PM - 6:30 PM 55 69 45 0 169 6:30 PM - 6:45 PM 52 86 52 0 190 * 6:45 PM - 7:00 PM 55 83 49 0 187 7:00 PM - 7:15 PM 62 84 42 0 188 7:15 PM -7:30 PM 56 82 41 0 179 7:30 PM - 7:45 PM 48 83 48 0 179 7:45 PM - 8:00 PM 46 81 46 0 173 * = Maximum number of occupied parking spaces. 3jA'420 Table 6 Wednesday (January 14, 2004) Parking Count Number of Parked Vehicles Parking Parking Parking Parking Time Period Zone A Zone B Zone C Zone 0 Total Parking Spaces Available 159 179 157 80 575 5:00 PM - 5:15 PM 57 59 48 0 164 5:15 PM - 5:30 PM 56 57 50 0 163 5:30 PM - 5:45 PM 59 56 54 0 169 5:45 PM - 6:00 PM 57 51 52 0 160 6:00 PM - 6:15 PM 53 53 57 1 164 6:15 PM - 6:30 PM 49 58 58 1 166 6:30 PM - 6:45 PM 50 61 54 0 165 6:45 PM - 7:00 PM 48 60 60 0 168 7:00 PM - 7:15 PM 45 63 62 0 170* 7:15 PM - 7:30 PM 47 60 55 0 162 7:30 PM - 7:45 PM 42 57 53 0 152 7:45 PM - 8:00 PM 41 55 49 0 145 * = Maximum number of occupied parking spaces. 3 ~~421 Table 7 Maximum Expected Peak Parking Demand Parking Required Code Parking Land Use Quantity Units1 Requirements2 Spaces Currently Occupied 86,543 TSF 225 Land Uses Actual Maximum Parking Demand3 Unoccupied Retail 21,814 TSF 5/1,000 109 Coin Laundry 3,000 TSF 6/1 ,000 18 Total 111,357 TSF 352 1 Determined by surveying existing shopping center. Maximum existing demand is 225 parking spaces on Saturday between 1 :00 PM to 1:15 PM. (see Table 2) 31~422 Variance No. 2004-06 January 10, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The South Bristol Commercial center is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Kunzman Associates, Traffic Engineers, has determined that sufficient parking will be provided for the proj ect during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. B. That the granting of a variance is necessary for the preservation and enjoYment of one or more substantial property rights. The granting of the variance will preserve the tenant's ability to provide a much-needed upgrade to an otherwise outdated and undersized laundromat tenant space. The tenant will bring the existing and proposed tenant areas up to current laundromat standards. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposal is an existing use that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 3~~!2~ Variance No. 2004-06 January 10, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the coin laundry expansion are in conformance with City development standards for laundromat uses and is consistent with the General Commercial (GC) General Plan land use designation. 31A-24 VARIANCE 2004-06 JANUARY 10, 2005 PAGE 1 OF 1 Conditions for Approval Variance No. 2004-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 03-55. Mitigation Measures 2. Construction plans for the proposed project shall reflect that Best Management Practices would be employed for all exterior construction activities. 3. Prior to issuance of building permit, the proposed project shall pay Sewer Connection fees to the City of Santa Ana Public Works Agency and the Orange County Sanitation District. !ffll!is MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNClLMEMBERS Claudia C. Alvarez Lisa B ist Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 www.sanla-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Sterling Coin Laundry Expansion Project Description: The proposed project is a request for a conditional use permit to allow for the expansion of an existing coin operated Laundromat facility and a request for a variance to reduce the required amount of onsite parking. Project Location: 2100 South Bristol Street Project Number: ER 2003-55 Public Review Period: 6-21-2004 to 7-10-2004 Hearing Date: 7-14-2004 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 7-10-2004. Please direct your comments to: Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA,92702. If you have any questions or would like any additional information, please contact Vemy Carvajal at (714) 667-2700. RHCB\lnotice\er 3~~286 CS 606-2 MA YOR Miguel A. Pulido MA YOR PRO TEM Breit E. Franklin COUNClLMEMBERS Claudia C. Alvarez Lisa B ist Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20l P.O. BOX 1988 . Santa Ana. California 92702 www.santa-ana.org :V:11i&rr~~'~' ''(r-:r';;:l1~~m1? lil~ ~f.~'~l/ '-~;j.t;, f( tUlt~~~~U~ :;t~~~~~:~t~.~ .~~. _ ~""-l,::...:lIJtl~~< Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 2003-55 Applicant: Sterling Equipment Company, 1816 Western Avenue, Stanton, CA Project Location I Address: 2100 South Bristol Street Project Title I Description: Sterling Laundry Facility Expansion/ The proposed project is a request for a conditional use permit to allow for the expansion of an existing coin operated Laundromat facility and a request for a variance to reduce the required amount of onsite parking. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: !)A^~ Environmental Coordinator Date: t!(>-! 2a5 I / This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 31Ar27 CS 606-2 Initial Study/Mitigated Negative Declaration ER 2003-55 Proposed Project The proposed project is a request for a conditional use permit to allow for the expansion of an existing coin operated Laundromat facility and a request for a variance for a reduction on the onsite parking requirements. Setting The project site is approximately .28-acres in size and is situated on the southwest corner of St. Gertrude Place and Bristol Street. Presently, located on the project site is an existing 6,000 square foot multi-tenant retail building. The project site is surrounded by multiple family land uses to the north, commercial retail to the south and east and multiple family land uses to the west. The project site is situated within the Bristol Corridor Specific Plan and as a General Plan designation of General Commercial. The existing building is portion of an existing retail shopping center. A total of 575 parking spaces are currently provided at the center. Proposed Project The proposed project involves the expansion of an existing coin-laundry facility. The existing 1,260 square foot tenant area would be increased to a total of 3,060 square feet. The project would require tenant improvements within the building to create a larger area for the proposed expansion of the existing laundry facility. A total of 46 washing machines and 25 dryers would be provided in the expanded laundry facility. No additions or modifications would occur to the exterior of the existing building. In accordance with the City's parking requirements, with the proposed project a total of 624 parking spaces would be required in the existing retail shopping center. The project is proposing a total of 575 parking spaces. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the 1 31A~28 analysis and findings provided in the City of Santa Ana General Plan Land Use Element EIR. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element EIR, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? No Impact The project site is included within the Bristol Corridor Specific Plan and subject to the design guidelines provided in the specific plan. The proposed project would not involve any modifications to the exterior of the existing building. Therefore, implementation of the proposed project would not degrade the existing visual character of the project site or the surrounding area. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impac t The project site is currently improved with existing on- street lighting. Implementation of the proposed project 2 31Atr29 would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? c. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Far.mland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population 3 31A~O and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth proj ections in the General Plan. The proposed project would be considered to be consistent with the regional and local growth projections and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Less Than Significant Impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. Table 1 EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-ter.m Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational 4 31~1 emissions generated by the proposed project are consistent with the air pollutant emissions projected within the General Plan Land Use Element EIR. Implementation of the proposed project would not result in additional air pollutant emissions that would exceed air pollutant emission projections evaluated within the General Plan Land Use Element EIR. Short-ter.m constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and excavation phases. The majority of the construction operations for the proposed project would be interior tenant improvements. A minimal amount of exterior work would occur. Less than significant short-term air quality impacts would be associated with implementation of the proposed project. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact The proposed project would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact 5 31A~32 Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term or short-term air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed proj ect would not generate significant objectionable odors to the public. The majority of the construction operations for the project would be interior tenant improvements. Less than significant construction-related odor impacts would occur. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, through habitat modifications, on any as a candidate, sensitive or special local or regional plans, policies or the California Department of Fish and and Wildlife Services? either directly or species identified status species in regulations or by game or u.S. Fish B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General 6 31A!r33 Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the Santa Ana Local Register of Structures and the Federal Register of Structures, there are no historically significant located on the project site. Historical Historical structures B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique pa1eontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. No Impact According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. Additionally, the project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be low. VI. GEOLOGY/SOILS A-I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impac t According to the Seismic Hazard Zone Map, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone for fault surface rupture hazard. The surface 7 31A!r34 traces of any active or potentially active faults are not known to pass directly through or extend towards the project site. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project is considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of O. 30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed project. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the project site is considered to have low potential for liquefaction hazard impacts. The proposed project involves modifications to the interior of an existing building. Implementation of the proposed proj ect would not increase the risk for liquefaction impacts. Additionally, the 8 3~~35 proposed proj ect standards of the Uniform Building hazard impacts to would be subj ect to the seismic safety Uniform Building Code. Compliance with the Code would reduce potential liquefaction a level considered less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element ErR, there are no landslide planes or slopes on the proj ect site. Therefore, implementation of the proj ect would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impac t Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would not require excavation and grading activities. Therefore, implementation of the proposed project would not result in erosion and sedimentation impacts to onsite and offsite drainage facilities. c. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element ErR the proposed proj ect does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata 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? 9 3~~36 No Impact According to the City's General Plan Land Use Element EIR the project site consists of Chino Silty Clay Drained Soils that have moderate shrink/swell potential, high potential for corrosion of uncoated steel and low potential for corrosion of concrete. Implementation of the proposed project would not require any grading or excavation activities and therefore would not be subject to geotechnical constraints on the project site. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impac t The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emi t hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact The operation of the proposed project would not involve the routine transportation, handling or storage of large quantities of hazardous materials or waste or the emission of hazardous emissions. The long-term operation and construction operations associated with the proposed project could potentially involve the handling of incidental amounts of hazardous materials, such as solvents, oils, and paints. The proposed project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations regarding the handling and storage of hazardous materials would reduce potential hazardous 10 3~Am37 material safety impacts to a level that is considered less than significant. c. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact The project site is currently improved. According to the Santa Ana Fire Department the project site is not a hazardous waste site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone or clear zone. The project site is located within a FAA Notification Area. According to FAA criteria, obstructions to air navigation could Occur if a structure is at least 500 feet high. Additionally, obstructions could occur if structures are 200 feet higher than the ground elevation of the of the runway and within 3 miles of the airport, 300 feet or more at 4 miles, 400 feet or higher at 5 miles and 500 feet or higher at 6 miles or more. The proposed project is a single story building that would not exceed the height criteria established by the FAA. Implementation of the proposed project would pose a hazard to people working or residing within the project area. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? 11 311A~38 I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already ~paired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The primary source of water quality pollutants associated with the operation and construction of the proposed project would be from nuisance flows. Nuisance flows are defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. To minimize the potential for nuisance flow impacts during construction operations Best Management Practices would be employed to minimize potential construction-related water quality impacts. Mitigation Measure · Construction plans for the proposed project shall reflect that Best Management Practices would be employed for all exterior construction activities. · Prior to issuance of a building permit the proposed project shall pay Sewer Connection fees to the City of 12 3iAm39 Santa Ana Public Works Agency and the Orange County Sanitation District. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact Construction operations for the proposed project would not require de-watering activities. The long-term operation of the proposed project would not have any impact on groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased ~pervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would introduce additional amounts of impervious surfaces onto the project site. Existing rates of surface water runoff would not increase. Based on preliminary analysis of drainage conditions and facilities on the project site and surrounding area, the City's Public Works Department has 13 31A~AO indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact According to the Flood Rate Insurance Map 0602320257H, the project site is located within Flood Zone X and not subject to 100-year flood risks. Implementation of the proposed project would not increase the risk of flooding. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? Less Than Significant Impact The majority of the construction operations for the proposed project would be interior tenant improvements. Construction activities would not involve any earthwork operations that would uncover soils that would facilitate potential soil erosion. Additionally, the potential for construction operations to degrade storm water runoff would be minimal. IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed project would not physically divide any established community, in that no existing residential uses are located on the project site. The proposed project would 14 3~1 be compatible with other existing land uses in the area. No adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally permitted in the City's Zoning Ordinance. Implementation of the proposed project would not be in conflict with any planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element EIR there are no areas in Santa Ana designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general 15 3~AA2 plan or noise ordinance, or applicable standards of other agencies. c. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact According to the City's General Plan Land Use Element EIR, the project site would not be impacted with high levels of noise. Additionally, there is no sensitive land use receptors located within the immediate vicinity of the project site. The proposed project would not emit noise levels in excess of City standards, nor would employees be subject to excessive noise levels. Implementation of the proposed project would not result in a substantial permanent increase in ambient noise levels within the project area vicinity. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact The proposed project would require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. However, construction activities and construction equipment staging operations associated with the proposed project could potentially result in a short-term increase in ambient noise levels. To minimize potential construction-related noise impacts to a level considered less than significant, the project would be required to comply with City's Noise Ordinance. The Noise Ordinance would limit construction activity 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would 16 3~~3 the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts 17 3~4 The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, the proposed project would be subject to the development and performance standards in Section 41-199 of the Zoning Ordinance regarding the operation of laundromat facilities. Schools: Less Than Significant Impact The project site is included within the boundaries of the Santa Ana Unified School District. The proposed project involves the construction and operation of a laundromat facility. Implementation of the proposed project would not generate project-specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in the School District. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the construction and operation of a laundromat facility. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 18 3~~45 No Impact The proposed project involves the construction and operation of a laundromat facility. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. xv. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project involves the construction and operation of a single-story laundromat facility. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature No Impact 19 3~~46 Implementation of the proposed project would not increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. F. Result in inadequate parking capacity Less Than Significant Impact Based on the City's Parking Code a total of 624 parking spaces would be to meet the parking demands of the existing center, currently vacant building area within the center and the proposed laundry facility. Presently, the existing commercial shopping center is providing a total of 575 parking spaces, a shortage of 49 parking spaces. To support the request for a parking variance, a parking demand survey was prepared, to document the parking demands of the existing commercial shopping center. The parking survey was conducted on three different days, at 15-minute intervals. The survey concluded that a total of 352 parking spaces would be needed to meet the parking demands of the existing shopping center, the proposed laundry facility and the currently vacant building area in the center. According to the parking survey, the existing 575 parking spaces at the shopping center would more than meet the actual parking demand for the center, the proposed laundry facility and the current vacant building area. No adverse parking impacts would be associated with approval of the proposed project. G. Conflict with adopted policies supporting alternative transportation No Impact 20 ~1~47 The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the deter.mination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and/or the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project would be required to provide appropriate sewer connection fees with the city of Santa Ana and the Orange County Sanitation District. The proposed project would not significantly increase the demand for additional wastewater facilities. C. Require or result in the construction of new stor.m water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within a currently developed commercial center with improved drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. 21 3i~8 D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed project would not significantly increase the demand for water service over current levels water demand within the project area. The proposed project is consistent with the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. The proposed project would be subject to connection fees for commercial clothes washing machines. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which would reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate 22 31A~49 important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or historic structures in that no fish, wildlife populations or historic structures are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The project's incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact The proposed project involves the expansion of an existing Laundromat facility. The project would not have any direct or indirect adverse impacts on human beings. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 23 31A~60 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, June 2004 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320257H City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map XX. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 24 3tA~1 ~~fA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Sterling Coin Laundry Expansion II. Project Numbers: ER 2003-55 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: 2100 South Bristol Street Environmental Determination On the basis of this initial evaluation, I find that: A. D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. -d Although the proposed project could have a significant effect on the environment, there will not be a significant r-- effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more Sign~O previously discussed. A SUBSEQUENT EIR shall be prepared. ~~-/ SignThY\~-18 Printed Name June 15. 2004 Date db\Env Form CEOA Chklst Page 1 of 1 31A~52 ~~~A Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impacf' answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impacf' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 D frf B. Damage scenic resources, including but not limited 0 0 D % to, trees, rock outpourings and historic buildings within a state highway? c. Substantially degrade the existing visual character ~ or quality of the site and its surroundings? 0 0 D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views ~ in the area? 0 0 D db\Env Form CECA Chklst J ATTACHMENT B 31A~3 Page 1 of 12 ~~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland. ) D D D D D D D D D K )1 ~ III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? db\Env Form CEQA Chklst ATTACHMENT B 31A~4 D D D D D D D D D ~ M ~ ~ D D D Page 2 of 12 ~~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, 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 regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? v. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? c. Directly or indirectly disturb or destroy a unique paleontogical resource or site? db\Env Form CEQA Chklst A IT ACHMENT B 3~~5 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact # o o o o o o o No Impact o HI }If At' ~ J{f Af A Page 3 of 12 ~~fA Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those 0 0 0 ~ interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial 0 0 0 0 adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as 0 0 0 fr{ delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 0 0 ~ 0 3. Seismic-related ground failure, including 0 D 0 liquefaction? 4. Landslides? D D D k( B. Would the project result in substantial soil erosion D D 0 ~ or the loss of topsoil? C. Would the project result in the loss of a unique 0 D D ~ geologic feature? D. Is the project located on strata or soil that is D D D ~ 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? E. Where sewers are not available for the disposal of D 0 0 rX wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? dblEnv Form CECA Chklst ATTACHMENT B 3i~6 Page 4 of 12 ~~fA Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the D D ~ D environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or D D ~ D acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of D D D ~ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan D D ~ D or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water D tx D 0 quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or D D D J{ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? db\Env Form CEQA Chklst ATTACHMENT B 31A~7 Page 5 of 12 arr~AfA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Fonn CEOA Chklst ATTACHMENT B 3iAm58 Potentially Significant Impact D D D D D D D o D D Potentially Significant Unless Mitigation Incorporated D D 9( D D D y D D D Less Than Significant Impact D D D D D D D 'y( ~ D No Impact ~ ~ D ~ ~ if D D D J{ Page 6 of 12 arr~fA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? o N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? o O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? o P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? o Q. Have a potentially significant adverse impact on groundwater quality? o R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? o S. Impact aquatic, wetland, or riparian habitat? o IX. Land Use and Planning- Would the project: A. Physically divide an established community? 0 Conflict with any applicable land use plan, policy, 0 or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? B. C. Conflict with any applicable habitat conservation plan 0 or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? o Issues & Supporting Information Sources db\Env Form CEOA Chklst Potentially Significant Impact ATTACHMENT B 31Am59 o ~ ~ ~ o )t ~ o o o o Potentially Significant Unless o o o o o o o o X o o Less Than Significant Impact K o o o x o o ~ o J( ^ No Impact Page 7 of 12 ~~fA Environmental Checklist For CEQA Compliance XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources dblEnv Form CECA Chklst A IT ACHMENT B 3~Jb60 o o o D D D D D Potentially Significant Impact Mitigation Incorporated D D o o o D o o Potentially Significant Unless ?{ ~ ~ )C[ o o o o Less Than Significant Impact o o o o ~ Pi. ~ K No Impact Page 8 of 12 an~fA Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Issues & Supporting Information Sources db\Env Form CECA Chklsl ATTACHMENT B 31Am61 o o o o o o o o o Potentially Significant Impact Mitigation Incorporated o o o o o o o o o Potentially Significant Unless ~ o o o o o o o J( Less Than Significant Impact o o o o o o ~ A o No Impact Page 9 of 12 an~fA Environmental Checklist For CEQA Compliance B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources db\Env Form CEOA Chklst ATTACHMENT B 31Ae62 D D D D D D D D D D D Potentially Significant Impact Mitigation Incorporated D D D D D D D D o o o Potentially Significant Unless ~ o o o ~ o ~ p( ~ )( % Less Than Significant Impact o f( ft( ~ o K o o o D o No Impact Page 10 of 12 arr~fA Environmental Checklist For CEQA Compliance F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst ATTACHMENT B 3~Ae63 Mitigation Incorporated o ~ o o o ~ o o o x o o o x o o o o ){ o Page 11 of12 KO -1/20/05 RESOLUTION NO. 2005-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-06 FOR A REDUCTION IN OFF-STREET PARKING REQUIREMENTS AT 2100 SOUTH BRISTOL STREET, SUITES B, C, AND D BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance 2004-06, for a reduction in the off-street parking requirements at 2100 South Bristol Street, Suites B, C, and D to allow for expansion of an existing coin laundry facility. B. Variance No. 2004-06 came before the Planning Commission on January 10, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2004-06 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The South Bristol Commercial center is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Kunzman Associates, Traffic Engineers, has determined that sufficient parking will be provided for the project during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. 31A-64 Resolution No. 2004-02 Page 1 of 4 The granting of the variance will preserve the tenant's ability to provide a much-needed upgrade to an otherwise outdated and undersized laundromat tenant space. The tenant will bring the existing and proposed tenant areas up to current laundromat standards. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposal is an existing use that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the coin laundry expansion are in conformance with City development standards for laundromat uses and is consistent with the General Commercial (GC) General Plan land use designation. . D. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration Environmental Review No. 2003-055 has been prepared for this project. The Negative Declaration was available for public review from June 21st through July 10th, 2004 with no comments received. The mitigation monitoring program is contained as a condition of approval. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2004-06 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 10th day of January, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 31A-65 Resolution No. 2004-02 Page 2 of 4 Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No.2005-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 10, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31A-66 Resolution No. 2004-02 Page 3 of 4 Conditions for Approval for Variance No. 2004-06 Variance No. 2004-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 03- 55. 2. The facility shall provide a full-time attendant. Mitiaation Measures 3. Construction plans for the proposed project shall reflect that Best Management Practices would be employed for all exterior construction activities. 4. Prior to issuance of building permit, the proposed project shall pay Sewer Connection fees to the City of Santa Ana Public Works Agency and the Orange County Sanitation District. Exhibit "A" 31A-67 31A-68 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2004-33 TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATION FACILITY AT 3308 WEST WARNER AVENUE - CINGULAR WlRELESS'~LI~ r~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2004-33 as conditioned. PLANNING COMMISSION ACTION On January 10, 2005, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2004-33 as conditioned by a vote of 5:1 (Cribb opposing) to allow a 60-foot tall major wireless communication facility at 3308 West Warner Avenue (Exhibit A). The Planning Commission approved the item as conditioned with the exception of the proposed light fixture. FISCAL IMPACT There is no fiscal impact associated with this action. s1/!::1 }f:i~ng Executive Director Planning & Building Agency VC:rb vc\reports\cup04-33.cc 31 B-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JANUARY 10, 2005 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2004-33 FILED BY CINGULAR WIRELESS TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATION FACILITY AT 3308 WEST WARNER AVENUE APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Verny Carvaj al ..fP~. 7'1 Executive Irector ~ Plan'niilg Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2004-33 as conditioned. DISCUSSION Request of Applicant MMI Titan, Inc., on behalf of Cingular Wireless, is requesting approval of Conditional Use Permit No. 2004-33 in order to allow a 60-foot tall major wireless communication facility to be located at 3308 West Warner Avenue. Section 41-198.3(b) of the Santa Ana Municipal Code (SAMC) requires a conditional use permit for major wireless facilities. Property Description The property is approximately 1.53 acres in size and is located on the south side of Warner Avenue between Susan Street and the Union Pacific Railroad line. The site is located within the Light Industrial (M1) zoning district with a corresponding General Plan land use designation of Industrial (IND) (Exhibits 1 and 2). The property consists of one existing 20,000 square foot industrial warehouse building and one inactive 104-foot high major wireless facility and associated equipment (Exhibit 3) . Project Description Cingular Wireless proposes to lease approximately 175 square feet of area towards the rear of the property along the westerly property line and immediately adj acent to the railroad right -of -way. The proposed maj or EXHIBIT A 31 B-2 Conditional Use Permit No. 2004-33 January 10, 2005 Page 2 wireless telecommunication facility involves a major modification of the existing facility. Specifically, the existing pole will be reduced by 40 feet and will no longer utilize the existing antenna array. As an alternative, the pole will consist of three antenna panels concealed within a transparent cylindrical sleeve and will have the appearance of a light standard. Additionally, the existing 14-foot tall equipment enclosure will be utilized to house the house equipment cabinets and associated equipment (Exhibits 4 and 5) . Analysis of the Issues Pursuant to Section 41-198.4 and 41-198.5 of the Santa Ana Municipal Code (SAMC), which was adopted in July of 1998, two review criteria are used in analyzing major wireless communication facilities. The first criterion, site improvements, involves landscaping around the facility, installation of decorative fencing and the construction of a solid wall adjacent to any residential use. Cingular's seven equipment cabinets will be located on a concrete pad within an existing equipment shelter adjacent to the proposed slim-line pole with a 14-foot high block enclosure to surround the equipment area. The proposal also involves the installation of five shrubs at the base of the existing pole. There is an existing six-foot high chain link fence between the existing equipment and the southern wall of the existing building that will be replaced with a six-foot high CMU wall in order to screen the rear of the building. No additional block wall is proposed since residential uses are not found in the immediate area. Excess parking is available immediately adjacent to the facility, which allows for ease of service to the equipment and structure. The other component in reviewing major wireless facilities is development criteria, such as screening and site selection. Screening criteria requires a monopole facility to blend into the surrounding environment or stealth, while site selection encourages cellular providers to explore options such as roof-mounted facilities prior to opting for a freestanding facility. The applicant has complied with the screening criteria, as the proposed service will consist of a stealth light standard. This structure will blend in with the existing industrial developments and add additional security lighting to the building's surroundings. The applicant has explored other avenues in addition to a monopole structure, such as co-locating cellular service on the nearby monopole. Since the existing 104-foot high monopole is no 31 B-3 Conditional Use Permit No. 2004-33 January 10, 2005 Page 3 longer in compliance with the wireless ordinance, the applicant has decided to re-use the existing site and alter the existing pole to comply with current code. Additionally, the applicant has provided coverage maps and technical reports to justify the need for a 60-foot tall facility as the intent of the pole is to improve caller coverage and increase call capacity. The proposed stealth wireless facility will benefit the immediate community by assisting in closing service gaps and providing additional calling capacity for Cingular Wireless in order to offer high quality coverage to residents and businesses in the City of Santa Ana. Further, the proposed cellular facility has been designed to be in complete compliance with the Wireless Communications Facility Ordinance and to mitigate adverse impacts that may be associated with a 60-foot high slim-line monopole. As a result, it is recommended that the Planning Commission approve Conditional Use Permit No. 2004-33 as conditioned (Exhibits 6 and 7) . CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the recommendation is exempt from further review. This Class 31 exemption allows for minor alterations to existing facilities. Categorical Exemption Environmental Review No. 03-96 will be filed for this project. ~ . ~~- Verny Carvajal Associate Planner U0 Vince Fregos Senior Planner VC:JM vc\reports\cup04-33.pc 318-4 M1 M1 .J lD a: o lD a: < I SEGERSTROM AV. M1 M2 M2 M1 ~ M1 FR~ Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAIJMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL M1 ~ w ~ _ ---1610-5'- u_ ~. CENTENNIAL AD M1 CAST R T. M1 HARVARD ST. M1 M1 M1 >' . ~ M1 M1 M1 M1 M1 M1 M1 AOAMSST. M1 M1 " ==,,~t-'~\::.'~;-=' 'I II R4 II ' tl :t...-----::, Jj~/~r..---- ':::::=:::::;: ~~- t Rl-PRO Al M1 f M1 M1 M1 GAR A1 CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A CUP 04-33 CINGULAR WIRELESS 3308 WEST WARNER AVENUE A r9{' 1" = 1000 FEET P LAN N N G AND - = 500 FEET B U L D EXHIBIT 1 318-5 N G AGE N C Y a ~ INDUSTRIAL INDUSTRIAL ..... ~ 0: i- CI) ::::> Cl <: INDUSTRIAL .-: (/) ~ ~TRIAL d) G~UE. ~" "" INDUST I A L I- W W a: I- INDUST I A L (/) INDUSTRIAL Z <C (/) ::) (/) CENTRAL AV. CUP 04-33 CINGULAR WIRELESS 3308 WEST WARNER AVENUE PLANNING AND BUILDING AGE N C Y EXHIBIT 2 318-6 A #{' PROPERTY UN:;:j / -"~ // / ~ i- ~EXISTING CHAI/\ " /- '- ~ GATE / ~ /+ I + / + / + /+ ~EXISTING CHAINlINK FENCE / EXISTING DIRT PA"'NG ~/ + +/+ x / ~EXISTlNG CHAINLlNK ./ i- f FENCE WI BARB WIRE i-./' x i-/ I /i-/ x i- ~i-/ -c~u~ !\. '1 D - - /EXlSTING ASPHAlT PA"'NG / /' CUP 04-33 EXHIBIT 3 31 B-7 ~ ~ ~ ~ ~ tI) z < tI) ~ tI) EXIST. METRICOM PANEL ANTENNAS,(INACTlVE) TO BE REMOVED EXISTING MONOPOLE TO BE MODIFIED TO ACCOMMODATE PROPOSED ANTENNAS AS SHOWN I II II ~: I I PROPOSED FRP ANTENNA RADOME, PAINTED TO MATCH EXIST. POLE ELEV. 60.00' T.O. PROPOSED PANEL ANTENNA EXIST. TAPERED STEEL MONOPOLE TO BE MODIFIED AS REQUIRED PROPOSED LIGHT FIXTURE, PER ELECTRICAL ELE. 30.00' .0. PROPOSE EXIST. EQUIPMENT SHELTER EXISTING CHAINLlNK FENCE TO BE REMOVED AND REPLACE WITH PROPOSED 6' HIGH CMU WALL, PER STRUCTURAL PROPOSED AlC UNIT EXIST. A/C UNIT TO BE REPLACED 14.00' 1ST. EQUIP. SHELTER PROPOSED CL GATE WISLATS REV. 00.00' EXIST. MONOPOLE BASE EXIST. ACCESS DOOR PROPOSED CINGULAR LUG BOX CLIP .Q4-33 31fblH81T 4 . o I :..- Ct:: . ~ O...J 10 '0. ""Z ~ I- ::> o w co o I- W ...J o 0.. ~ tf) x w : o I :..- <ot . o I io f a: w > o ...J W i:: '-" . o I ':.t o . o I :..- It) . o I '0 co .. ' . Pl'"Oject Name: . r- o o 7:::- -. ::J ()Q rn ~ (I) r+ Santa Ana 3308 Warner Ave. Santa Ana, CA 92704 CUP1>>4-A _ EXtftbfN Prepared for: ^ cingular LAX-SC-139-0 I-P3 Conditional Use Permit No. 2004-33 January 10, 2005 Page 1 of 2 Findings of Fact A. Will the proposed use provide contribute to the general well community? a service being of or facility which will the neighborhood or the The proposed 60-foot tall cellular facility at 3308 Warner Avenue will provide enhanced service for customers of Cingular Wireless in the southwest portion of Santa Ana. Additionally, the monopole will aid in reducing the gaps in cellular service to its users especially for those users traveling on Warner Avenue, a maj or arterial, and in the surrounding industrial areas. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. The proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear of an industrial building and proposed reduction in overall height, it is not expected to create any adverse economic impacts for the surrounding properties. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to be with the regulations and conditions identified for a major wireless facility. in compl iance in Chapter 41 CUP 04-33 1f~1f b Conditional Use Permit No. 2004-33 January 10, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan designation. 318-11 JANUARY 10, 2005 PAGE 1 OF2 Conditions for Approval Conditional Use Permit No. 2004-33 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 03-24). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The permit applicant recognizes that the frequencies used by the cellular facility located at 3308 West Warner Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to CUP 04-33 3'~~172 JANUARY 10,2005 PAGE20F2 the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS) . Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 4. At all times, the permit applicant shall not prevent City of Santa Ana from having adequate spectrum capacity on City's 800 MHz radio frequency. 5. Before activating its facility, the permit applicant will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 6. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 7. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continui ty on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 8. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 9. The permit applicant shall provide a coverage and cell site location map for each facility proposed. 318-13 KO -1/20/05 RESOLUTION NO. 2005-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-33 TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATION FACILITY AT 3308 WEST WARNER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2004-33 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 10, 2005. B. Conditional Use Permit No. 2004-33 has been filed with the City of Santa Ana seeking to allow a 60-foot high wireless communication facility at 3308 West Warner Avenue. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 60-foot tall cellular facility at 3308 Warner Avenue will provide enhanced service for customers of Cingular Wireless in the southwest portion of Santa Ana. Additionally, the monopole will aid in reducing the gaps in cellular service to its users especially for those users traveling on Warner Avenue, a major arterial, and in the surrounding industrial areas. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? 31 8-14 Resolution No. 2005-03 Page 1 of 3 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. The proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear of an industrial building and proposed reduction in overall height, it is not expected to create any adverse economic impacts for the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan designation. 2. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the recommendation is exempt from further review. This Class 31 exemption allows for minor alterations to existing facilities. Categorical Exemption Environmental Review No. 03-96 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-33 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated January 10, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 318-15 Resolution No. 2005-03 Page 2 of 3 ADOPTED this 10th day of January, 2005 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle (5) NOES: Commissioners: Cribb (1) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 10, 2005. Date: Planning Commission Secretary City of Santa Ana 318-16 Resolution No. 2005-03 Page 3 of 3 Conditions for ADDroval for Conditional Use Permit No. 2004-33 Conditional Use Permit No. 2004-33 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below Drior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 03- 24). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The permit applicant recognizes that the frequencies used by the cellular facility located at 3308 West Warner Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 4. At all times, the permit applicant shall not prevent City of Santa Ana from having adequate spectrum capacity on City's 800 MHz radio frequency. EXHIBIT "A" pa~e11~f_217 5. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 6. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 7. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 8. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 9. The permit applicant shall provide a coverage and cell site location map for each facility proposed. EXHIBIT "Au Paje 2 of 2 ~1 8-18 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: FINANCING RELATED TO VEHICLE LICENSE FEES APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I .~. /---- ) .. . u~ ;1(2~~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution authorizing the execution of a Joint Exercise of Powers Agreement related to the California Statewide Communities Development Authority. 2. Adopt a resolution authorizing the execution of a purchase and sale agreement for the City of Santa Ana Vehicle License Fee receivables from the State of California and approving all related documents and actions. DISCUSSION Over the past 14 years, the State's approach to addressing its own fiscal crisis has resulted in a decrease of over $117 million in city revenues such as vehicle license fees (VLF), property taxes, and mandated reimbursements. During FY 03-04, in an attempt to reduce its deficit by $1.2 billion, the State redirected three months of VLF paYments from cities and counties to fund other State obligations. The impact of this action was a reduction of $5.9 million to the City of Santa Ana. Due to subsequent State and local government budget negotiations, the State agreed to reimburse the cities and counties by making a lump sum payment on August 15, 2006. Additionally, the legislature enacted a bill which permits the local agencies to declare the amount loss by this action as a receivable which may be sold, less capitalized interest and issuance costs, in order to accelerate the receipt of the funds. The State would remain liable for all paYments to the new owners of the receivable. With its financial crisis not yet resolved, there remain doubts that the State will honor the repayment to cities and counties by August 2006. The sale of the receivable mitigates the risk to the city and establishes the amount as debt for the State in the financial marketplace. 55A-1 Financing Related to Vehicle License Fees February 7, 2005 Page 2 The California Statewide Communities Development Authority (CSCDA) has developed a program whereby the Authority issues bonds in order to purchase VLF receivables from cities and counties. The CSCDA program enables local governments to sell their VLF receivable for a minimum sale price of 90.86 of its value. Currently, 137 cities and counties in California have expressed an interest in participating in this program. For the City of Santa Ana, the maximum cost of issuance, including capitalized interest costs, credit enhancement and fees, will be $539,830 which will result in a minimum return of $5.36 million. If at the time of sale the market permits a higher sale price, the city will receive a higher amount. In order to participate in this program, the City must join CSCDA by adopting the subject resolution for a Joint Exercise of Powers Agreement and the resolution for the purchase and sale agreement. FISCAL IMPACT As the maximum cost of issuance for the City of Santa Ana's participation in this program is $539,830, approval of the recommended actions will generate an estimated $5.36 million in revenues that will be dedicated to addressing the projected budget deficit in the 2005-2006 year. Funds from this transaction will be deposited in general fund revenue account (account no. 011-01-5321-02). ~~~~~) ~..~ Francisco Gutierrez Executive Director Finance & Management Services Agency GS/RC 55A-2 (JWF, 1/26/05) RESOLUTION NO. 2005-009 A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY THEREWITH. 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. The City of Santa Ana, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated as of June 1, 1988 (the "Agreement"); and B. There is now before this City Council the form of the Agreement; and C. The City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and D. The Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; Section 2. The Agreement is hereby approved and the Mayor or the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager and City Attorney. Section 3. The Mayor, the City Manager, the Clerk of the Council and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. RESOLUTION No. 2005- PAGE 1 OF 3 55A-3 Section 4. The Clerk of the Council shall forward a certified copy of this Resolution and an originally executed Agreement to: Angie Sessions Orrick, Herrington & Sutcliffe LLP 400 Capital Mall, Suite 3000 Sacramento, Califomia 95814 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers RESOLUTION No. 2005- PAGE 2 OF 3 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution NO.2005-009 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: RESOLUTION No. 2005- PAGE 3 OF 3 Clerk of the Council City of Santa Ana 55A-5 (JWF, 1/26/05) RESOLUTION NO. 2005-010 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 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. Certain public agencies within the State of California (the "State") are entitled to receive certain payments payable by the State to each such local agency on or before August 15, 2006, in connection with vehicle license fees pursuant to Section 10754.11 of the California Revenue and Taxation Code ("VLF Gap Repayments"); B. The City of Santa Ana (the "Seller") is entitled to and has determined to sell all right, title and interest of the Seller in and to the "VLF Receivable", as defined in Section 6585(i) of the California Government Code (the "VLF Receivable"), namely, the right to payment of moneys due or to become due to the Seller out of funds payable in connection with vehicle license fees to a local agency pursuant to Section 1 0754.11 of the California Revenue and Taxation Code; C. The California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Authority"), has been authorized pursuant to Section 6588(w) of the California Government Code to purchase the VLF Receivable; D. The Authority desires to purchase the VLF Receivable and the Seller desires to sell the VLF Receivable pursuant to a purchase and sale agreement by and between the Seller and the Authority in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; RESOLUTION No. 2005- PAGE 1 oF4 55A-6 E. In order to finance the purchase price of the VLF Receivable from the Seller and the purchase price of other VLF Receivables from other local agencies, the Authority will issue its taxable and tax-exempt notes (the "Notes") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Notes will be payable solely from the proceeds of the VLF Receivable and such other VLF Receivables; F. The Seller acknowledges that the Authority will grant a security interest in the VLF Receivable to the Trustee and any credit enhancer to secure payment of the Notes; and G. A portion of the proceeds of the Notes will be used by the Authority to, among other things, pay the purchase price of the VLF Receivable; H. The Seller will use the proceeds received from the sale of the VLF Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Santa Ana hereby resolves as follows: Section 2. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 3. The Seller hereby authorizes the sale of the VLF Receivable to the Authority for a price no less than the Minimum Purchase Price set forth in Appendix A. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in substantially the form presented to this meeting, with such changes therein, deletions therefrom and additions thereto, as such Authorized Officer shall approve, which approval shall be conclusively evidenced by the execution and delivery of the Sale Agreement. Section 4. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller notifying the State of the sale of the VLF Receivable and instructing the disbursement pursuant to Section 6588.5(c) of California Government Code of the VLF Receivable to the Trustee, on behalf of the Authority. Section 5. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to one or more tax certificates, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Notes, and such RESOLUTION No. 2005- PAGE 2 OF 4 55A-7 other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 6. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the VLF Receivable or the issuance of the Notes, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 7. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the VLF Receivable to the Authority pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney RESOLUTION No. 2005- PAGE 3 OF 4 55A-8 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-010 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: RESOLUTION No. 2005- PAGE4oF4 Clerk of the Council City of Santa Ana 55A-9 Minimum Purchase Price: Authorized Officers: RESOLUTION No. 2005- PAGE 5 OF 4 APPENDIX A CITY OF SANTA ANA An amount equal to or greater than $5,363,732.72 (the" Minimum Purchase Price"). City Manager Assistant City Manager Executive Director Finance and Management Services City Attorney Any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee 55A-1 0 CITY COUNCIL MEETING DATE: . ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 APPROVED TITLE: ADOPT A RESOLUTUION AMENDING CITY RESOLUTION 98-088 TO UPDATE THE RECORDS RETENTION SCHEDULE MAINTAINED BY THE POLICE ~AND FIRE EPARTMENTS fi _/:L ITV MANAGER o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a Resolution amending City Resolution 98-088 to update the records retention schedule to include audio and video tape recordings maintained by the Police and Fire Departments. DISCUSSION In December 1998, the City Council adopted Resolution No. 98-088, establishing a records retention policy and schedule for each of the Ci ty' s agencies. The adoption of this resolution amendment will revise the language to include the intent of the City to maintain the audio recordings for a six-month period in accordance with Tort Claim filing requirements. Additionally the amendment will include the intent of the City to maintain videotaping for a period of one-year. FISCAL IMPACT There is no fiscal impact associated with this a '\ ( .j \ i'\ . ~. -i~~ Paul M. Walters Chief of Police Police Department . 558-1 pc: 11/19/04 RESOLUTION NO. 2005-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CITY RESOLUTION NO. 98-088 TO UPDATE THE RECORDS RETENTION SCHEDULE TO INCLUDE AUDIO AND VIDEO TAPE RECORDINGS MAINTAINED BY THE POLICE AND FIRE DEPARTMENTS 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. Except for records less than two years old and certain other, specified records, Government Code section 34090 authorizes the head of city departments to cease retaining records, documents, instruments, books or paper under his or her charge, without keeping a copy thereof, with the approval of City Council and the written approval of the City Attorney. B. On or about December 21, 1998, the City Council adopted Resolution No. 98- 088, establishing a records retention policy and records retention schedule for each of the City's agencies. C. Government Code section 34090.6 allows the head of a department of a city to destroy recordings of routine video monitoring after one year and after 100 days may destroy recordings of telephone and radio communications maintained by the department. It is the intent of the City to maintain the audio recordings for six months in accordance with the Tort Claim filing requirement. D. Definitions: "Recordings of telephone and radio communications" means the routine daily taping and recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the department. "Routine video monitoring" means videotaping by a video or electronic imaging system designed to record the regular and ongoing operations of the departments, including mobile in-car video systems, jail observation and monitoring systems, and building security taping systems. "Department" includes a public safety communications center operated by the city. 558-2 Section 2. Exhibit I to this resolution is hereby added to Exhibit I to Resolution No. 98-088. Section 3. Except for this single addition, Resolution No. 98-088 shall remain in full force and effect. Section 4. This Resolution shall take effect immediately and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 558-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-011 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 558-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ FEBRUARY 7, 2005 TITLE: VARIANCE NO. 2004-07 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR ORIGINAL MIKE'S RESTAURANT AT 100 SOUTH MAIN STREET - CARIBOU INDUSTRIES, APPLICANT Otufl1a," C Y MANAGER APPROVED D As Recommended D As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution denying Variance No. 2004-07 (A1, A2, A3) for Sign No. 1 to disallow a sign not located on a primary elevation, installed higher than 20 feet on building and containing slogans; (G1, G2, G3) for Sign No. 8 to disallow a sign in excess of one per building elevation, to disallow a sign containing slogans and designed as a prohibited cabinet sign; and (I) for Sign No. 10 to disallow a sign above the roofline. 2. Adopt a resolution approving Variance No. 2004-07 (B) to allow one changeable copy sign for Sign Nos. 2 and 3; (C1, C2, C3) for Sign No. 4 to allow a sign exceeding maximum size of 50 square feet, to allow the painted wall sign above the ground level of the building and to allow a sign containing a slogan; (D1) to allow the projecting sign to extend more than four feet, (D2) to allow animated lights and (D3) to allow a sign exceeding maximum of five words for Sign No.5; (E) for Sign No. 6 to allow a cabinet sign; (F) for Sign No. 7 to allow a sign containing a slogan; and (H) for Sign No. 9 to allow a monument sign containing in excess of the allowed eight items of information as conditioned. DISCUSSION On January 18, 2005, the City Council held a public hearing on the sign variances for Original Mike's restaurant. After extensive discussions of the issues, the City Council directed staff to prepare findings and conditions in support of the applicant's request to allow the "good cookin, good livin, good eat in" slogan on four signs. As a result, the findings and conditions of approval have been revised to address the approval of the slogan. 55C-1 Variance No. 2004-07 February 7, 2005 Page 2 The approval of the variances as recommended will allow the applicant to construct a total of six signs on the various building elevations, with the Original Mike's slogan permitted on three painted signs and the projecting sign. The City Council's and Planning Commission's actions on the variances have been included in Exhibit 1. FISCAL IMPACT There is no fiscal impact associated with this action. ~Jl"'t Ste hen G. ~':::J;.ng Executive Director Planning & Building Agency VF:rb vf\reports\va04-07.02070S.cc 55C-2 0) 0) 0) ~ ~ ~ ~ ~ 0) ~ > > > > >- >- c: e e e e e e e e e c: c: c: e c: 0) a. a. a. a. 0) 0) 0) a. 0) 0 a. a. a. a. 0 00 a. 0 <( <(<( <(<(<(<( <( <( <( - t/) 0) ~ E c: ~ c: ~ CU 0 CO 0) ::J_ 0) "0 .~ 0) "0 .~ "0 t/) 0) Q) ~ Q) Q) c;: a'+"- ~ ~ Q) ~ u Q) LOa E ::J E >< _C\l .0 r.... Q) ~ Q) o c: "0 Q) r.... Q)"O 0 ::J Q) cu ~ a. Q) Q)- .8 ~ a. -~15 Nor; 15 CU .- - .Q "0 CU t/) r.... g 0 c: ~ E~ cu c: Q) "0 ~ CU ~ c: - c: c: _ >- Q) 0 ::JO) 0 CU E CUO"E ~ w E:E c: 0) r.... o c: 0 E "0 Ox "0 - CD - t/) t/) 0 Q) ...I ~ Ci5 a. -t/)_C: In CUQ) t/)oC:"i c: t/) c: c: 0 Q) .~ E= 1:EB 0) - c: - Q)~ a. t! 'Ci) c: 0) c: 0- E CU 15 t/)-m ~t/)~~ ~ .- c: cu t/) E Q) - t/)or...._o. c: ~ a. "OC:c:::J't)"O Q) ::J ..-~::J~.Qo Q).-.- CU c: Q) c: -m >- CU S .- Q) '+"- t/) >- B c:"O - .Q) ~ c: :0 _>t/).o>c: c: "E 0)= t/) 0 CU Q) c: Q) Q) CU Q)'- .9> ::E ><.-::J Q) I,;,. C:'- ::E 0 WCl).oC:::a._CI) U c::: OGSC:::UO'O CI) ::::) 't"" tn ... ... - - - - - - m tn ..- ('I) C\l..- "- ('I) ('I) "- ('I) ('I) - - - - - - - ::t W - - - - - - - - >< ::::) "0 Q) "0 .0"0 Q) Q) CU Q) Q) "0 ~ - - - - - - - w a ('I) ('I) LO ('1)('1) ~<b<b<b ('I) ('I) ('I) ('1)('1) C\l ('I) W <0 <0 <0 <0<0 <0 <0 <0 <0<0 <0 <0 0:: co co O? O?O? O?O?O?O? O? C9 O? O?O? co C9 I I I W ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- 0 v v v vv vvvv v v v vv v v ~ D:: ~ ('I) ..-C\l ('I)..-C\l('l) ..- C\l('l) ~ <( m UU UOOO W u.. C> C>C> :r: or; or; or; - 1;) 1;) 1;) '0 ~ t:= t:= - t/) U~ 0 0 ::J CU CU Q) Q) 0 W W 3: 3: 3: 'Ci) z z CI) z Q) 0) - :0 - Q) c: CU c: Q) Q) cu Q) cu 13 c: cu c: E '8 3: 0) 3: Q) :0 3: :0 ::J c: 0 oe- CU CU c: 0::: ~U U U 0 U a. ~ ..- i v LO <0 "- co 0> 0 ..- C\l 55C-3 KO - 2/1/05 RESOLUTION NO. 2005-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-07 (B) TO ALLOW ONE CHANGEABLE COPY SIGN AS CONDITIONED FOR SIGN NOS. 2 AND 3; (C1, C2, C3) TO ALLOW THE PAINTED WALL SIGN ABOVE THE GROUND LEVEL OF THE BUILDING AS CONDITIONED FOR SIGN NO. 4; (01) TO ALLOW THE PROJECTING SIGN TO EXTEND MORE THAN FOUR FEET, (02) TO ALLOW ANIMATED LIGHTS, AND (03) TO ALLOW A SIGN EXCEEDING MAXIMUM OF FIVE WORDS FOR SIGN NO.5; AND (E) FOR SIGN NO.6 TO ALLOW A CABINET SIGN; (F) FOR SIGN NO.7 TO ALLOW A SIGN CONTAINING A SLOGAN; AND (H) FOR SIGN NO.9 TO ALLOW A MONUMENT SIGN CONTAINING IN EXCESS OF THE ALLOWED EIGHT ITEMS OF INFORMATION AS CONDITIONED AND DENYING VARIANCE NO. 2004-07 (A1, A2, A3) FOR SIGN NO.1; (G1, G2, G3) FOR SIGN NO.8; AND (I) FOR SIGN NO. 10 FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET 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. Applicant is requesting approval of Seventeen (17) variances from the Santa Ana Municipal Code (SAMC) in order to allow a total of 10 wall, projecting, roof and changeable copy signs at Original Mike's Restaurant located at 100 South Main Street. B. The Signs proposed by the applicant, and the necessary variances include: 1. Sign 1: A 49 square foot painted wall sign (Original Mike's) on the north elevation. Sign NO.1 is an existing, unpermitted painted wall sign on the north elevation. Variances are needed to allow the sign on an exterior wall not used by the restaurant, to allow the sign to be placed higher than 20 feet on the building, and to allow the restaurant slogan on the sign. 2. Sign 2: A 60 square foot changeable copy sign (Event Calendar) on the north elevation. The Sign Code permits changeable copy signs provided they are incorporated into a marquee, which is defined as a permanent projection extending from the building. Restaurants and banquet facilities throughout 55C-4 Resolution No. 2005-xx Page 1 of 8 Resolution No. 2005-xx Page 2 of 8 the City are limited to the identification of the business name, not changeable copy signs. 3. Sign 3: A 60 square foot changeable copy sign (Coming Events) on the north elevation. The Sign Code permits changeable copy signs provided they are incorporated into a marquee, which is defined as a permanent projection extending from the building. Restaurants and banquet facilities throughout the City are limited to the identification of the business name, not changeable copy signs. i. Sign 3 along with Sign 2 has been modified to be a projecting Marquee sign, as such the variances for Sign 3 have been eliminated, the number reference remains for tracking purposes. 4. Sign 4: A 473 square foot painted wall sign (Original Mike's) on the south elevation. Sign NO.4 requires variances to allow a 473 square foot secondary wall sign, to allow the business slogan on the sign, and to allow the sign to be placed higher than 20 feet on the building. Sign 5: A 35 square foot projecting sign (Original Mike's) on the east elevation. Sign No.5 requires variances to project more than four feet from the building, to use incandescent lighting and to allow the business slogan on the sign. 5. 6. Sign 6: A 16 square foot cabinet sign (Art Studio) on the east elevation. This sign requires a variance to allow the installation of a cabinet sign on the building. 7. Sign 7: A 49 square foot painted wall sign (Original Mike's) on the west elevation. A variance is needed to allow the restaurant slogan on the sign. 8. Sign 8: A 40 square foot cabinet sign (Original Mike's) on the west elevation. Variances are needed to allow a cabinet sign, to allow the restaurant slogan on the sign and to allow more than one wall sign on the same elevation. 9. Sign 9: A 27 square foot monument sign (Original Mike's) painted on the wall on the northwest corner of the site. A variance is necessary to allow the restaurant slogan on the sign 10. Sign 10: A 672 square foot roof sign (existing billboard) on the north portion of the building. Sign NO.1 0 is the larger of two billboards on the premises, a 672 square foot structure located on the northern section of the restaurant roof. Since the billboard is intended to include signage advertising Original Mike's, the billboard is now 55C-5 considered to be a roof sign. Since roof signs are not permitted by Code, a variance is needed for this sign. C. Variance No. 2004-07came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 23, 2004. 1. On August 23, 2004, the Planning Commission continued the matter to September 27,2004. 2. On September 27,2004, the Planning Commission referred the variance regarding changeable copy signage to the Historic Resources Commission for direction on treating the openings on the north elevation. 3. On October 7, 2004 the Historic Resources Commission provided direction on treating the openings on the north elevation to the Planning Commission. 4. On November 22, 2004, after considering the comments from the Historic Resources Commission and analyzing the revised sign program, the Planning Commission approved five and denied twelve variances for Original Mike's Restaurant subject to the deletion, addition and modification of three conditions. 5. At its November 22, 2004 meeting by a vote of 4:2 (Mondo and Sinclair opposed, De La Torre absent) voted to adopt a resolution: i. Denying Variance No. 2004-07 (A 1) for Sign NO.1 ii. Denying Variance No. 2004-07 (A2) for Sign No.1 iii. Denying Variance No. 2004-07 (A3) for Sign NO.1 iv. Approving Variance No. 2004-07 (8) to allow one changeable copy sign as conditioned for Signs 2 and 3 v. Denying Variance No. 2004-07 (C1) for Sign NO.4 vi. Approving Variance No. 2004-07 (C2) to allow the painted wall sign above the ground level of the building as conditioned for Sign NO.4 vii. Denying Variance No. 2004-07 (C3) for Sign NO.4 viii. Approving Variance No. 2004-07 (01) to allow the projecting sign to extend more than four feet as conditioned for Sign NO.5 55C-6 Resolution No. 2005-xx Page 3 of 8 ix. Approving Variance No. 2004-07 (02) for Sign No.5 x. Denying Variance No. 2004-07 (03) for Sign NO.5 xi. Approving Variance No. 2004-07 (E) for Sign NO.6 xii. Denying Variance No. 2004-07 (F) for Sign NO.7 xiii. Denying Variance No. 2004-07 (G1) for Sign No.8 xiv. Denying Variance No. 2004-07 (G2) for Sign No.8 xv. Denying Variance No. 2004-07 (G3) for Sign NO.8 xvi. Denying Variance No. 2004-07 (H) for Sign NO.9 xvii. Denying Variance No. 2004-07 (I) for Sign No. 10 D. On December 20, 2004, the City Council set this matter for public hearing. On January 18, 2005 this matter came before the City Council for a duly noticed de novo public hearing. By a vote of 5:2 (Christy and Solario, No) the City Council directed staff to prepare findings, and conditions memorializing the Council's decision. E. The City Council determines that for Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned for sign Nos. 2 and 3; (C1, C2, C3) to allow the painted wall sign above the ground level of the building as conditioned for sign No.4; (01) to allow the projecting sign to extend more than four feet, (02) to allow animated lights, and (03) to allow a sign exceeding maximum of five words for sign No.5; and (E) for sign NO.6 to allow a cabinet sign; (F) for sign No.7 to allow a sign containing a slogan; and (H) for sign No.9 to allow a monument sign containing in excess of the allowed eight items of information, the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist that necessitate a variance for the changeable copy sign, projecting sign, Art Studios cabinet signage, sign slogans and the painted wall sign on the south elevation. The changeable copy sign will assist in advertising events planned at the restaurant/banquet facility Resolution No. 2005-xx Page 4 of 8 55C-7 that were approved by a prior City action. The painted wall sign with the restaurant slogan above the ground floor of the building, the cabinet sign and the projecting sign are types of signs that were common business identification methods found on other historic buildings. The installation of this signage will allow Original Mike's the ability to use the property in a manner that is consistent with similar uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for the changeable copy sign, projecting sign, cabinet sign, painted wall sign on the south elevation and the restaurant slogan will allow the enjoyment of property rights. The location of the building, at a major City intersection and at the gateway to the Downtown/Artists Village, warrants the installation of unique, aesthetically pleasing signage for the restaurant. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The changeable copy, projecting, cabinet, painted wall sign on the south elevation and signage with the restaurant slogan will not be detrimental to the surrounding area as a condition of approval has been added that will assist in minimizing the visual clutter found on structures with multiple signs. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) allows signage in conjunction with restaurant uses in the land use designation. F. The Planning Commission determines that for Variance No. 2004-07 (A 1, A2, A3) for sign No.1; (G1, G2, G3) for sign No.8; and (I) for sign No. 10 the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at 55C-8 Resolution No. 2005-xx Page 5 of 8 variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates several sign variances for the restaurant. The building is situated at a major City intersection with unobstructed views to the building. Further, the building is located on two property lines, which provides direct visual access to the building. Finally, other similar projects have installed signage that is in compliance with the Sign Code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance to allow additional wall signage on the north and west elevations is not necessary to preserve property rights as the tenant will still maintain the ability to modify the signage to meet City codes and allow identification of the business. Further, the building's location at two major intersections, in conjunction with the approved variances, allows sufficient signage for the restaurant. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of sign variances may be detrimental to the area by allowing excessive and large signage on the building that may contribute to adverse aesthetic impacts along the corridor. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) allows signage in conjunction with restaurant uses in the land use designation. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 04-188 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby: Resolution No. 2005-xx Page 6 of 8 55C-9 1. Approves Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned for sign Nos. 2 and 3; (C1, C2, C3) to allow the painted wall sign above the ground level of the building as conditioned for sign No.4; (01) to allow the projecting sign to extend more than four feet, (02) to allow animated lights, and (03) to allow a sign exceeding maximum of five words for sign No.5; and (E) for sign No.6 to allow a cabinet sign; (F) for sign No. 7 to allow a sign containing a slogan; and (H) for sign No. 9 to allow a monument sign containing in excess of the allowed eight items of information as conditioned. The Conditions are attached hereto as Exhibit A and incorporated herein as though fully set forth. 2. Denies Variance No. 2004-07 (A1, A2, A3) for Sign No.1; (G1, G2, G3) for Sign No.8; and (I) for Sign No.1 O. 3. This decision is based upon the evidence submitted at the abovesaid hearings, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. 4. Attached hereto and incorporated as though fully set forth herein is Exhibit B, a matrix summarizing the signs, the variances and the action taken by City Council. ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers 55C-1 0 Resolution No. 2005-xx Page 7 of 8 NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-012 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005-xx Page 8 of 8 Clerk of the Council City of Santa Ana 55C-11 Conditions for Approval for Variance No. 2004-07 Variance No. 2004-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. The proposed title block on the changeable copy sign shall be limited to a maximum of five items of information. 2. Submit detailed plans of the marquee sign to the Planning Manager for review and approval. B. Public Works Aaencv 1 . An encroachment agreement between the City and the property owner to allow the projecting sign to encroach over Main Street (Sign No.5) and marquee sign over First Street (Signs No.2 and 3) must be submitted prior to issuance of a building permit for the signs. Exhibit "A" 55C-12 55C-13 VARIANCE SUMMARY TABLE A1 41-863 (a) Sign not located on a rima elevation Sign installed higher Deny 1 Wall North A2 41-863 (d)( 1 ) than 20 feet on buildin A3 41-863 (e)(3) Restaurant slogan not Deny permitted 2 Changeable Only permitted on aM North B 41-865 (d) Approve ~ Copy t21 Marquee C1 41-863 (b )(2) Exceeds maximum Approve size of 50 s uare feet C2 41-863 (d)(1) Sign installed higher Approve 4 Wall South than 20 feet on buildin C3 41-863 (e)(3) Restaurant slogan not Approve ermitted 01 41-864 (c)(4) Projects more than 4 Approve feet from the wall 5 Projecting East 02 Incandescent lighting Approve rohibited 03 Sign exceeds Approve maximum of 5 words 6 Cabinet East E 41-863 (e)(7) Cabinet signs not Approve allowed 7 Wall West F 41-863 (e)(3) Restaurant slogan not Approve ermitted G1 41-863 (a) Only 1 sign permitted Deny er buildin elevation 8 Cabinet West G2 41-863 (e)(3) Restaurant slogan not Deny ermitted G3 41-863 (e)(7) Cabinet signs not Deny allowed NWC of Development only, not 9 Monument site H 41-862 (d)(3) to exceed 8 items of Approve information 10 Roof Roof 41-863 (d)(3) Signs not permitted Deny above roofline Exhibit "B" 55C-14 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: RESOLUTIONS PERTAINING TO UNAFFILIATED CONFIDENTIAL AND UNREPRESENTED MANAGEMENT EMPLOYEES. APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For .v flp{;aA---~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a Resolution regarding salary and benefits for Unaffiliated Confidential classifications of employment. 2. Adopt a Resolution regarding salary and benefits for unrepresented management classifications of employment. DISCUSSION In conj unction with approval of a four-year agreement with the Service Employees International Union (SEIU), this action will also provide for the same compensation and employee benefit increases for the Unaffiliated Confidential (UC) employees. The UC employees are those assigned to perform work directly involved in confidential budget and employer-employee relation activities. This would include Executive Assistants, some Executive Secretaries, and positions in the Personnel Services Agency and City Attorney's Office. In addition, this action will provide compensation and employee benefit enhancements to unrepresented management employees. These positions include all of the Executive Directors of the City. Specifically, the City Council will approve the same salary and other compensation increases as provided to SEIU effective July 1, 2004. The subject action will also provide these unrepresented managers with benefit enhancements comparable to those approved for SEIU-represented employees, unless otherwise specified herein. These benefits will include, but will not be limited to, medical, dental, vision, bereavement leave, and longevity vacation cash- out. 550-1 Resolution for Unrepresented Confidential and Management Employees February 7, 2005 Page 2 FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~ ~~.~ Francisco Gutierrez Executive Director Finance & Management Services Agency Enrique Alva I Executi / DirectOr Personnel sei~es Department 550-2 RESOLUTION NO. 2005-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE BASIC CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNAFFILIATED CONFIDENTIAL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for officers and employees of the City of Santa Ana. C. On December 21, 1987 the City Council passed and adopted Resolution No. 87-94, amending Resolution No. 82-110 to establish a basic compensation plan for classifications of employment designated as Unaffiliated Confidential (DC), and to set forth certain levels of salaries and benefits for theses classifications. D. It is the City's desire that Unaffiliated Confidential employees shall continue to be subject to the same changes in provisions pertaining to salary step advancement and shall continue to receive the same retirement, health and other benefits based on similar conditions as provided to Service Employees' International Union Local 347 full-time represented employees. E. The City of Santa Ana and Santa Ana City Employees, Chapter 1939/Service Employees' International Union Local 347, AFL-CIO (SEIU) have negotiated a Memorandum of Understanding (MOU) to provide certain adjustments in wages, benefits and other terms and conditions of employment for SEIU full-time represented employees during Fiscal Years 2004-05, 2005-06, 2006-07 and 2007-08. F. With the adoption of this Memorandum of Understanding with SEIU, it is the City's desire to: 1. Adjust the base salaries of Unaffiliated Confidential classifications by the same percentage, on the same dates and in the same manner as provided SEIU full- time represented classifications, during the four year period July 1, 2004 through June 30, 2008, as shown below: 1 550-3 July 1, 2004: 0% (No increase) July 1, 2005: 0% (No increase) July 1, 2006: Minimum increase of3.5%, not to exceed 4.5% July 1, 2007: Minimum increase of3.5%, not to exceed 4.5% 2. Continue to treat Unaffiliated Confidential classifications as subject to the same basic classification and compensation plan provisions and their application as SEIU full-time represented classifications. 3. Continue to provide full-time Unaffiliated Confidential employees with the same health and retirement benefits and benefit changes, based on similar conditions, as provided to SEIU full-time represented employees, and continue to provide full-time Unaffiliated Confidential employees with several additional benefits not provided to SEIU full-time represented employees. G. It is now desired to amend Council Resolution No. 82-110 to effect these objectives. Section 2. That Section 3 of Resolution No. 82-110 Assignment of Classes of Employment to Salary Rate Ranges as amended, is hereby further amended by assigning the following classifications to the salary rate ranges, on the effective dates, as next hereinafter set out: 6 Step Salary Rate Range No. Effective: Unaffiliated Confidential Classification Title 7/1/04 (annual $ min-max) 7/1/05 7/1/06 7/1/07 Council Services Secretary (DC) 545 (35760-45636) 545 * ** Executive Assistant (DC) 601 (46980-60024) 601 * ** Executive Secretary to the Police Chief (UC) 576 (41604-53112) 576 * ** Legal Management Assistant (Exempt) (UC) 653 (60612-77352) 653 * ** Legal Office Assistant (UC) 500 (28692-36624) 500 * ** Legal Secretary (UC) 544 (35580-45408) 544 * ** Liability Claims Coordinator (UC) 634 (55212-70512) 634 * ** Liability Claims Processor (UC) 549 (36480-46560) 549 * ** Loss Control Analyst (UC) 609 (48888-62412) 609 * ** Loss Control Office Specialist (UC) 549 (36480-46560) 549 * ** Loss Control Technician (UC) 598 (46332-59160) 598 * ** Management Aide (UC) 598 (46332-59160) 598 * ** Management Analyst (UC) 624 (52584-67152) 624 * ** 2 550-4 Management Assistant (Exempt) (DC) 624 (52584-67152) 624 6 Step Salary Rate Range No. Effective: * ** Unaffiliated Confidential Classification Title 7/1/04 (annual $ min-max) 7/1/05 7/1/06 7/1/07 Outreach Program Coordinator (UC) 653 (60612-77352) 653 * ** Paralegal (Exempt) (DC) 579 (42228-53916) 579 * ** Payroll Assistant (UC) 578 (42012-53640) 578 * ** Personnel Analyst (DC) 609 (48888-62412) 609 * ** Personnel Executive Secretary (UC) 566 (39624-50580) 566 * ** Personnel Secretary (UC) 545 (35760-45636) 545 * ** Personnel Service Receptionist (UC) 527 (32760-41808) 527 * ** Personnel Services Specialist (UC) 537 (34404-43896) 537 * ** Personnel Technician (UC) 578 (42012-53640) 578 * ** Police Personnel Services Specialist (DC) 558 (38112-48648) 558 * ** Secretary to the City Manager (UC) 622 (52068-66504) 622 * ** Senior Legal Office Assistant (UC) 527 (32760-41808) 527 * ** Senior Legal Secretary (UC) 566 (39624-50580) 566 * ** Senior Management Analyst (DC) 653 (60612-77352) 653 * ** Senior Management Assistant (Exempt) (DC) 653 (60612-77352) 653 * ** Senior Personnel Analyst (UC) 653 (60612-77352) 653 * ** Senior Personnel Receptionist (UC) 545 (35760-45636) 545 * ** Senior Personnel Services Specialist (UC) 558 (38112-48648) 558 * ** Senior Personnel Technician (DC) 598 (46332-59160) 598 * ** Senior Workers' Compensation Claims Assistant (UC) 573 (40980-52320) 573 * ** Senior Workers' Compensation Claims Examiner (UC) 628 (53640-68472) 628 * ** Training Coordinator (UC) 653 (60612-77352) 653 * ** Workers' Compensation Claims Assistant (UC) 549 (36480-46560) 549 * ** Workers' Compensation Claims Examiner (UC) 598 (46332-59160) 598 * ** * Effective July 1,2006, classifications designated as Unaffiliated Confidential (DC) will receive a salary increase not less than seven salary rate ranges (approximately three and one-half percent (3.5%)), and not to exceed nine salary rate ranges (approximately four and one-half percent (4.5%)), the same as the increase provided for full-time classifications represented by SEIU. ** Effective July 1,2007, classifications designated as Unaffiliated Confidential (DC) will receive a salary increase not less than seven salary rate ranges (approximately three and one-half percent (3.5%)), and not to exceed nine salary rate ranges (approximately four and one-half percent (4.5%)), the same as the increase provided for full-time classifications represented by 3 550-5 SEIU. Section 3. That Section 12 of Resolution No. 82-110 Employee Benefits for Full-Time Civil Service Confidential Employees as amended, is hereby further amended to read as follows: "Section 12. Employee Benefits for Full-Time Civil Service Confidential Employees. Each full-time civil service employee in a classification of employment designated in Section 3 ofthis Resolution as Unaffiliated Confidential (UC), shall continue to receive as additional compensation, any and all employee benefits provided to SEIU full-time represented employees on or after July 1,2004, except as modified as follows: A. Deferred Compensation. An amount equal to one percent (1 %) of the base semi-monthly pay rate being paid each affected employee is deemed to be deferred compensation and shall be contributed into the City's deferred compensation plan by the City on behalf of each affected employee. The amounts contributed by the City under this provision shall be subject to the general terms and conditions of the City of Santa Ana Deferred Compensation Plan, and subject, further, to the conditions that the employee shall have no vested rights in the amounts contributed by the City until termination of employment with the City and that the City will pay the total amount of contributions plus any earnings to the employee upon termination, resignation, retirement, dismissal or death. B. Disability Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for coverage under the same long-term disability insurance plan it maintains for management officers and employees of the City. C. Tuition Reimbursement. Confidential employees shall continue to be eligible to participate in the existing Training and Education Assistance Program provided for all regular, full- time employees ofthe City; except, however, reimbursement for eligible employees shall be one hundred percent (100%) of tuition and registration costs up to a maximum of two thousand dollars ($2,000) per year in accordance with the provisions of that Program. D. Parking. Confidential Employees shall not be subject to any requirements for parking based on seniority, scheduled to be developed by a SEIU joint labor management committee for SEIU bargaining unit members. E. Other Compensation Plan Changes. 1. General. Unless specified otherwise above, full-time Unaffiliated Confidential employees will be subject to the same compensation plan provisions, including, but not limited to, advancement and reduction in salary steps; bilingual pay; applicable assignment/incentive pay; overtime work; holidays; vacation, bereavement and other leaves of absence; longevity vacation cash out; employee insurance, including medical, dental and life insurance; access to participate in City's Vision Plan; 4 550-6 retirement; residency requirements; medical retirement subsidy plan; and work week schedule, as provided or will be provided to SEIU full-time represented employees on or after July 1, 2004. 2. Z-Rating. A "Z-rate" is a special salary rate established by the City Manager which allows an employee who has voluntarily demoted, or has been reclassified for non disciplinary reasons, to be paid at a rate of pay higher than that assigned to his or her reclassified position title for a specified transition time period. Section 4. That Section 13 of Resolution No. 82-110 Other Confidential Employee Rights and Privileges as amended, is hereby amended to read as follows: "Section 13. Other Confidential Employee Rights and Privileges. Each employee in a classification of employment designated in Section 3 of this Resolution as Unaffiliated Confidential (UC), shall continued to enjoy the same rights and privileges to which they were entitled as of June 30, 2004." Section 5: That except as amended by this Resolution, all other provisions of Resolution No. 82- 110, as amended, shall remain in full force and effect. Section 6: That this Resolution shall be operative, unless specified otherwise above, from and after its date of adoption. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 5 550-7 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-013 to be the original resolution adopted by the City Council ofthe City of Santa Ana on Date: Clerk of the Council City of Santa Ana 6 550-8 RESOLUTION NO. 2005 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X ofthe City Charter ofthe City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066 re- establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Executive and Middle Management. C. The City Council has amended Resolution No. 91-066 on numerous occasions since its adoption. D. On December 17, 2001, the City Council passed and adopted Resolution No. 2001- 089 which amends Resolution No. 91-066 to provide that the salary rate for the unrepresented Executive Management classification of Fire Chief shall be increased to provide the same percentage increase as is provided to members of the Fire Management Association. E. The City of Santa Ana and the Santa Ana Management Association (SAMA) representing employees in classifications designated as represented Middle Management and Administrative Management, have negotiated a Memorandum of Understanding (MOU) to provide certain adjustments in salaries, benefits and other terms and conditions of employment for SAMA represented employees during Fiscal Years 2004-05, 2005-06,2006-07 and 2007-08. F. With the adoption of this Memorandum of Understanding, it is the City's desire to: 1. With the exception ofthe classification of Fire Chief, adjust the base salaries assigned to unrepresented Executive Management classifications by the same percentage, on the same dates and in the same manner as provided SAMA represented management classifications, during the four year period July 1, 2004 through June 30, 2008, as shown below: 1 550-9 July 1, 2004: 0% (No increase) July 1, 2005: 0% (No increase) July 1, 2006: Minimum increase of3.5%, not to exceed 4.5% July 1,2007: Minimum increase of3.5%, not to exceed 4.5% 2. Continue to provide the unrepresented Executive Management classification of Fire Chief with the same percentage salary increase(s) as are or as will be provided to members of the Fire Management Association. 3. Except as provided in Resolution No. 91-066, and as provided in subsequent amendments thereto, continue to treat unrepresented Executive Management classifications as subject to the same basic classification and compensation plan provisions and their application as SAMA represented classifications assigned to a 15-step salary rate range. 4. Continue to provided unrepresented Executive Management and Middle Management officers and employees with the same retirement, health and other benefit changes, based on similar conditions, as provided to SAMA represented management employees, and continue to provide unrepresented Executive Management officers employees with several benefits not provided SAMA represented management employees. G. It is now desired to amend Council Resolution No. 91-066 to effect these objectives. Section 2. That Resolution No. 91-066, as amended, is hereby further amended as follows: A. That Section 2. Schedule of Salaries, as amended, is hereby further amended to read as follows: "Section 2. Schedule of Salaries. "A. Two separate schedules showing salary rate ranges for classifications of employment designated as unrepresented Executive Management (EM) and unrepresented Middle Management (MM), are attached hereto and made a part hereof as though set forth in full herein. The schedule for unrepresented Executive Management classifications and unrepresented Middle Management classifications, and their respective effective dates are listed as follows: 2 550-10 Salary Schedule Unrepresented Cate2:ory of Emplovment No. Effective Date Executive Management (EM) EM-05 EM -06 EM-07 EM -08 7/1/04 7/1/05 7/1/06 * 7/1/07 ** Middle Management (MM) MM -05 MM-06 MM-07 MM-08 7/1/04 7/1/05 7/1/06 * 7/1/07 ** * Effective July 1, 2006, the salary matrices showing monthly pay ranges and steps in effect on June 30, 2006 assigned to classifications of employment designated as unrepresented Executive Management (EM) and unrepresented Middle Management (MM) will be increased by no less than three and one-half percent (3.5%), and by no more than four and one-half percent (4.5%), the same increase as that provided for classifications represented by SAMA. The resulting new salary matrices will be developed as set forth above and will be shown as Salary Schedules EM-07 and MM-07. * * Effective July 1, 2007, the salary matrices showing monthly pay ranges and steps in effect on June 30, 2007 assigned to classifications of employment designated as unrepresented Executive Management (EM) and unrepresented Middle Management (MM) will be increased by no less than three and one-half percent (3.5%), and by no more than four and one-half percent (4.5%), the same increase as that provided for classifications represented by SAMA. The resulting new salary matrices will be developed as set forth above and will be shown as Salary Schedules EM-08 and MM-08." "B. Each unrepresented Executive and Middle Management salary schedule contains numerous salary rate ranges, each range comprised of fifteen (15) separate rates of pay shown in monthly amounts. The respective rate ranges are identified by a two digit number preceded by the capital letters "EM" for Executive Management and "MM" for Middle management. The separate rates of payor steps within each salary rate range are identified by the numbers "1" through "15" inclusive, with Step "1" being the lowest or minimum rate of the range, Step "8" the middle or midpoint rate ofthe range, and Step' "15" being the highest or maximum rate." 3 550-11 B. That Section 3A. Designation of Management Classifications and Assignment of such Classifications to Salary Rate Ranges shall be amended to read as follows: "A. Unrepresented Executive Management Classifications Classification Title 15 Step Salary Rate Range Effective 7/1/04 through 6/30/05 Assistant City Manager (EM) Executive Director of Community Development (EM) Executive Director, External Affairs (EM) Executive Director of Finance and Management Services (EM) Executive Director of Personnel Services (EM) Executive Director of Planning and Building (EM) Executive Director of Public Works (EM) Executive Director of Parks, Recreation and Community Services (EM) Library Director (EM) Fire Chief (EM) Police Chief (EM) EM -37 EM-31 EM-24 EM-32 EM-30 EM-37 EM-33 EM-31 EM-28 EM-34* EM-38 * Note: Effective July 1, 2002, and in future years, the salary rate for the classification of Fire Chief shall be increased to provide the same percentage increase, on the same effective date, as is provided to members of the Fire Management Association." C. That Section 4. Special Salary Compensation Provisions as amended, shall be further amended to read as follows: "Section 4. Special Compensation Plan Provisions. 4.1 Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or other language designated by the City Manager will be paid a monthly pay differential of forty dollars ($40) above his or her then current base monthly salary step. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid a monthly differential of one hundred seventy-five dollars ($175) above his or her then current base monthly salary step." 4.2. Terminal Classifications. The capitalized letter "T" shown within parenthesis [i.e, (T)] next to a classification title signifies a position classification that has been designated as "terminal" by formal City Council action and, as such, will be deleted 4 550-12 from this classification and compensation plan for unrepresented Executive and Middle-Management classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal. 4.3 Compensation Plan Changes for Unrepresented Executive Management and Middle Management Classifications. Unless specified otherwise herein, unrepresented Executive Management and Middle Management officers and employees will be subject to the same changes in compensation plan provisions, including but not limited to, bilingual pay; sick leave maximum accrual; bereavement leave; holidays; longevity vacation cash out; medical and dental insurance; access to participate in City's Vision Plan; retirement; residency requirements; medical retirement subsidy plan; and work week schedule, as provided or will be provided to SAMA represented Middle Management employees assigned to a 15-step salary rate range on or after July 1,2004." D. That a new Section 8 shall be added to read as follows: "Section 8. Other Unrepresented Executive Management and Emplovee Rights and Privileges. Each employee in a classification of employment designated in Section 3A of this Resolution as unrepresented Executive Management (EM), shall continue to enjoy the same rights and privileges to which they were entitled as of June 30, 2004." Section 3. That except as amended by this Resolution, all other provisions of Resolution No. 91- 066, as amended, shall remain in full force and effect. Section 4. That this Resolution shall be operative, unless specified otherwise above, from and after its date of adoption. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 5 550-13 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-014 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 6 550-14 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2004-05 AND TENTATIVE TRACT MAP NO. 2004-07 (COUNTY MAP NO. 16775) FOR A NEW RESIDENTIAL SUBDIVISION AT 419 SOUTH NEWHOPE STREET - BRANDYWINE "HOMES' APpn ~ ~ ~~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Amendment Application No. 2004-05. 2. Adopt a resolution approving Tentative Tract Map No. 2004-07 (County Map No. 16775) as conditioned. PLANNING COMMISSION ACTION On January 24, 2005, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2004-05 and adopt a resolution approving Tentative Tract Map No. 2004-07 (County Map No. 16775) as conditioned by a vote of 6:0 (Leo absent) to change the zoning designation and to allow a subdivision to construct eight single- family residences at 419 South Newhope Street (Exhibit A). A condition was added by the Planning Commission to require Plan 1 B be redesigned to include architectural features that are authentic to the Craftsman style subject to approval of the Planning Manager. FISCAL IMPACT There is no fiscal impact associated with this action. Iidh~~' St phen G. Ha ing Executive Director Planning & Building Agency AN:rb an\plancomm\aa04-05ttm04-07.cc 75A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JANUARY 24, 2005 TITLE: PUBLIC HEARING - FILED BY BRANDYWINE HOMES FOR AMENDMENT APPLICATION NO. 2004-05 AND TENTATIVE TRACT MAP NO. 2004-07 (COUNTY MAP NO. 16775) FOR A NEW RESIDENTIAL SUBDIVISION AT 419 SOUTH NEWHOPE STREET Prepared by Ann Hsin-An Ni ~~~2~Clor APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO i3L~ Planning Manager RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2004-05. 2. Adopt a resolution approving Tentative Tract Map No. 2004-07 (County Map No. 16775) as conditioned. DISCUSSION Request of Applicant Brandywine Development is requesting approval of an amendment application to change the zoning designation from Two-Family Residence (R2) to Single- Family Residence (Rl) and a tentative tract map to allow a subdivision to construct eight single-family residences at 419 South Newhope Street. Property Description The property is located in the Two-Family Residence (R2) zoning district and has a General Plan land use designation of Low-Medium Density Residential at eleven dwelling units per acre (LMR11). This site is surrounded by duplexes to the east, multi - family residential units to the south, and single-family residences to the west and north (Exhibits 1 and 2) . The subject property is approximately 1.67 acres in size. The property is flat, rectangular in shape and is currently vacant. The property is located on the east side of Newhope Street between First and Camille Streets. EXHIBIT A 75A-2 Amendment Applicant No. 2004-05 Tentative Tract Map No. 2004-07 January 24, 2005 Page 2 Project Description The current zoning classification for the subject property is Two-Family Residence (R2). A zone change to Single-Family Residence (Rl) is required to make the proj ect consistent with the density proposed at seven dwelling units per acre. The proposed Single-Family Residence (Rl) zoning district will be consistent with the LMRll General Plan land use designation (Exhibit 3). The proposed project involves the construction of eight new single-family residences. The lot sizes range from 6,074 square feet to 7,346 square feet. Three different floor plans are proposed for this project. Plan 1 includes 2,233 square feet of living area with three bedrooms and a den. Plan 2 includes 2,395 square feet of living area with three bedrooms and a den. Plan 3 includes 2,521 square feet of area with four bedrooms and a den. All three floor plans have three full bathrooms, an interior laundry room, a center island in the kitchen, separate tub and shower in the master bathroom, a walk-in closet in the master bedroom and a fireplace in the living room and family room. Access to the proposed project will be provided from Mountain View Street. A two-car attached garage and two tandem spaces in the driveway will be provided for each unit. The architectural style proposed for this project is contemporary with some Craftsman and Mediterranean influences. The exterior material proposed includes tile roof, stucco, precast concrete stone veneer, and decorati ve window surrounds. Arched windows and porches are features used on the elevations to characterize the Mediterranean architectural style. Additionally, siding and porches with square columns are features used on the elevations to characterize the Craftsman Bungalow styles (Exhibits 4 through 13) . Analysis of the Issues The property has been historically vacant primarily due to the location of the parcel and lack of access to an arterial street. Because of the limited lot size and location, it is not practical to achieve a viable and quality design for a multi-family residential development. The current zoning designation for this property is Two-Family Residence (R2). This zoning, which has been in place over 20 years, is consistent 75A-3 Amendment Applicant No. 2004-05 Tentative Tract Map No. 2004-07 January 24, 2005 Page 3 with the Low-Medium Density Residential (eleven dwelling units per acre) general plan land use designation. However, the density proposed for this project is at seven dwelling units per acre, a rezoning to Single- Family Residence (Rl) is recommended. The proposed Single-Family Residence (Rl) zoning district will be consistent with the LMRll General Plan land use designation. One of the goals in the City's Housing Element encourages the maintenance, preservation and upgrade of existing residential neighborhoods to provide a supply of sound housing stock. The proposed zone change will allow the construction of eight new single-family dwelling units on a vacant lot which will encourage the rehabilitation of existing housing in the area. A tentative tract map is proposed to subdivide the existing 1.67-acre si te into eight parcels. The subdivision has been reviewed and is in conformance with the City's subdivision regulations as well as the California Subdivision Map Act. The individual parcels meet the provisions of the zoning code with respect to minimum lot size and frontage. The proposed subdivision is consistent with the Low-Medium Density Residential land use designation and all other elements of the General Plan. In an effort to inform the adj acent property owners of this proj ect, public hearing notices was distributed to property owners within 300- foot radius of this property. Additionally, the Riverview West Neighborhood Association was contacted and they found the proposed single-family development to be compatible with the existing residential neighborhood. In summary, the proposed Single-Family Residence (Rl) zoning district is consistent with the General Plan land use designation of Low-Medium Density Residential (LMRll) as well as the Housing Element to promote a range of suitable housing stock and preserve the integrity and character of neighborhoods. As a result, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2004-05 and Tentative Tract Map No. 2004-07 (County Map No. 16775) as conditioned (Exhibits 14 and 15) . 75A-4 Amendment Applicant No. 2004-05 Tentative Tract Map No. 2004-07 January 24, 2005 Page 4 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-191 will be filed for this project. ~ Ann Hsin-An Ni Associate Planner AN:JM an\plancomrn\aa04-05ttm04-07.012405.pc 75A-5 JR2 IR21 R' ~.;;-.~ I~i.~' 0 // R~ I ~~11 / I R1 UR1~ li:iiiVE'~(f2 ."J- I~ R1 A. .}. ROOSEVELT AE ~ :: I ii I' II II I SP- R~..J ~ R1 ~. ~ Rl I Rl ~ " I_IL_'!.....!I_~I_J 2 R2 .,. < " R4-PRO ~ r -, r -, 1- , r -y-, M:T 6THST I c," It: R " I II I II II j ,I 1_)1_)1 "_)1_) ~2~D. C5 R1 Rl Rl Rl ': ____I",!~--- '" --stHST1190T - ~~~;~ l1'IR?1 15TH~~ 1'-0.; R1 1~.1 -2$5'- IR~I II~~ !JC1 1 C1 R3 Al ~IR21 1 R2 "!'l:~ "J ii /:J~ Al I Rl~ IPRO : i ;= R2;' Al . E I SO" : _1o='__]1EI- ...""J~I · II Ir---,j=-,= ~:-'==~:I .B2;!'f!!l_~____r R1 R2~""'''' ~ -38:: . . I Il. -~..:..._--=- I' I 11__-' II I I~/-- r---,I IR2PRO .....__JI . ~11111 - 11-- I' I'R2-11 ,r--,IA1I, ==jU"""11 11R2.PRDlil, " - r----. ''''.1> I, .)1 JI A1 "PRO" J 1__->: I' 3 " " '" "",.1 · SP Rl ~i - If"r-----i: jl_rJL !..-_-_~I_'ll~ R2 Rl Rl .....""----'1 ___-"___________ ,_ "_.1 ~_ 2- ~3RD I~ }FR' "l~:;:=l=--=:=:::::.-=--=--=--;' c,l-lI-II-,r~ ~ "",~- I !~R4.PRo1~ ----~/-\\;---~I---' I -" 'I .. "" i _,, I' ,'_________.J: 0 " II II I' ~ II R2=IJ ,r:J A1 II I, (_---,~===' Rl Cl ,',' )'_--"---------', ,I, !! !! I' Al II PRO " II JI II I . Ill::;"'Tl .... -- ..J I I 11:.l_--:-~ ~l L- \'.// II /~ ~ SP 2 %}I ~C2'''--n '''I'''''~r C2 :: C2 ~~~ I = '=1 : ~- ------C.,"'=-- --::/' - Rl Cl ! ~I R2-PRD ~ II i. ~. PRO 2 , ". -,-__ __ ';..._._-::r.. FIRST ST. --'-- - _.L- ,--l ,'- ~- ---- I,-- ... ~5 WU'U c" IL~'1~ ......"'" "'" C5 II ,.. C5 'C2~ C2 I,-:~ IrC21-:~ I II" I, I 't. I I i~ I ,;,':., ~~=~,l ~ C2 ""~\~ ~ - i ol-'~ Ml ~ SO-32 R2 :':: :':, R1 ,..: R2-PRO :~1I1,. .:.. '"" \ ~ R2 'I,,,,, Ml '--- I I' II " ,. 00 -;:=, __ I a: R1 R1 C2 -~~~ I' II " " .J !:;J I :! 1'- \ D ~ ~ I ': II ': ". SP- m ---,- M1 ,~ 'n= I ~ '-- I,:--='~==::!=l:. 2 a: -.-Jg 'r-:'---,'~ I--.::;:j <>-F R3-""" ' 50-34 :;:-==\;,===, 'L M1 I. 0 W I RI ,'& I 11 R1 .--\,. ,_.., 'X=- I, Ir=======. m ~ I,'-__:::Q InJ:: " 1 i R3 '-" I' 1\ :' :Lnnn...!' ~ · ~ R2 1..J.l " ':1 I r-------. I R1 I II ~l R1 __ n_n _j: K<!.:.-l1RIil1=~1 l,=-======I. SP-2 i;~Jli~~J. ~~ ':n.----dN-''iI"--:~-:;:r ,r 'r Ir ~r Ir I , r R2 -1'------;/- >----,",'= L- 21ffilR2 5 ~ __ I PROJECT' I' II ,I d '"" ~TTEI ~v I~-----~"'" 1\ Ii . ---:-I ! II II II I,! AMll R1 ,I' II----,~" R4 0 R2 R2 ~. I A1,lj SITEc_=_JI-_~I-_JI-_JI-::..J, ...r"...... ~L.,..(l31-j I!..._II__--",'" 0 Z ~-::..-::..-~-::..=. Ir Ir Ir ,r I,SP- R2 1 If ------" .2 ,,~, m':'" II II " I' " 2 Alo I~----I ...--- POSEY':T. --A1 ~____-c=== " ,I " " I' " " !J .::::::: 11lO' I II I l .J t ..J l ..J l _ .J l J t J.I ~ C ~ --' R2 ~ l ~/.:-:-=-~-::.~J~----=;, """'-Tf3O>'--oj Ij1R2 v! ~ ~ ~~I , WATK"""WAV AC10J,v~i- 21 /1-:--'\" ~__II .. ~Al Al A~C~2"-E~ST' R2 R2 r., 11 b 1,---- R2 j" R1 Rl R" I R4 i ~ 8 A AV. ~ ~ I \ ':.. _ _;'1 : I A 1 Cl _ 53715' 0 : 15 l "'loC J i z ~-"l\rlnFN AV. -=.:. 3 :i ,I o ~D-:1 2 R1 1 0 R1i!R1 R1 R ~ ~ ~ ~ ! ~ . :: -, R1 BOBtJ ~" R1 d -.;, I; ~ AV R1 I ~o C!:Wi: ~~ J~j ~ --- R ~ ~ R1 ~ < 9~ cAR1PfR1lifR1l R1 ,l:J~ ~ I=-- SPT i = R2 SP- 2 ~ [lPJJJ~ R2 R2 ~~ R2. PRO ~ ..1tL ...1E:L @:L -'.=...-, _.~ ~ ! ~ SP-2 il::::ii: SP-2 H~;V \~"'R~Fi~:T::: -""-1 ~ \ ~ SP-2 W> R1 UGHTAV. - 1 ~ o ~ R1 A08ERTS DR l-- u KENT R I I j . rF-----= i SP-2 ! +-- .,. R1 ~DR Rl R1 R1 R1 ~R1 \'i./ ~ -----,0 R1 R1 I -!:miUv o r ~ R1 il R1 ~ R1 kl SP-' ~j' R1 R1 M~~ '--- R1 ~ " 'I '- I~ J! I' I' ". " II " Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP A AA 04-51TM 04-7 BRANDYWINE HOMES 419 SOUTH NEWHOPE STREET R2 -f~ d R2 ern R2 C= R2 L--- o SP-2 R1 R1 R1 I I 1 II r I R1 R1 R1 ~ #{' 1" = 1000 FEET - = 500 FEET P LAN N N G AND B U L D EXHIBIT 1 75A-6 N G A G ENe Y A P LAN N -.J M U L T I FAMILY RESIDENTIAL ~ W I- W a: ;z: ~ en lJJ M U L T I FAMILY RESIDENTIAL 0 V) M U L T I FAMILY RESIDENTIAL 0: ---------- -.J :E u.. :>--.J :::!$ lJJ il':~ il':~ il':~ >:9 -0 -0 -.J ~~ sla -.Jla :EO: ~o: ~ ;z: CAMILLE V) w Q. 0 M L FAMILY J: 3: w o. C. F. C. D. Z MULTI FAMILY RESIDENTIAL 20' DRAINAGE EASEMENT (------- I- ~I ~I ~I ~I ;1 ~I ~I ~I VACANT LOT AA 04-SrrM 04-7 BRANDYWINE HOMES 419 SOUTH NEWHOPE STREET A rPf' N G AND B U L D N G AGE N C Y EXHIBIT 2 75A-7 R3-PRO R 2 R2 R2 R2 R 1 R 1 R 2 R 1 R 3 A R2 R3 R2 SO - 3 4 L__. WELFLEET I~ --j' ~ ~R21--P-R-O Ol-L ~ 1 rW 10 c I:::E ~ r ~ W w a: ~ en R3 R2-PRO R2 R2 20' DRAINAGE EASEMENT ...(------- <: ~I I.u ~I R2 R2 R2 R2 R2 R2 CAMILLE ~I ~I -.: ~I ~I I I A - 1 w a. o :J: 3: w z R2 R2 R2 R2 R2 R2 R2 R2 o. C. F. C. D. A - 1 AA 04-5/TM 04-7 BRANDYWINE HOMES 419 SOUTH NEWHOPE STREET IA #{' GENERAL PLAN: LMR II ZONING: R2 to R1 P LAN N AGE N C Y N G AND B U L D N G EXHIBIT 3 75A-8 "[~l~~ u~ __ ,- ~~ Ou "'0 0- ~_ -:If:.t_ - if ~ i;! ~ nl ~ Ii; i 10 ~ Ii: Ili~ ~ li!;w ~ ;J ~; i IiI: ! I::~i; ! ~I~! 1!~!U!ii~~hb ~ ~;~h;n;Ulni 9t-lt,it~S I^Wl lJ--:! r-, r- I ; i_llil I I 1 ~ I ~~II~ I Ii ; I I I ~ I~::i e ~ ~ ~ II ~ h~;oi' . 15~ : i ~ ~ f ~ ~ U~i1I~~ ~ f~ I " j : 101 lIS i ~~~:~ i lIS 1!I ! lid III :hlS ~~ ,,~ ~ ~ ~ : ~ e ~~! *;!lI~ I~ ;i i : ~ i1 ~ I ~ I ~ ~lIi~ ~ I~ t! ~ I ~ ! II~~ ;Ii ~ I-il~";= ~III t ~ i i I : I! i i I;!~il ~~ d ~ ~ ~ : : !! .." ! ~ ~d _; "I . I I · 18 I i I i 12 *;. I ;. n- - II ; ~~ ~" /1 01 I I .." ~I .;" II- . w ~- ~ II! I" III :2 0 ;1 * ~~ *1 ~II I ] " ~ 18 M Ii *: I w 2: III' III ";, · 'II ~ D I -J 0 . I . 'I II I · 'I Q iCe :J Q- *Ih II *Ir II . .- U ~, ill II h!" i~1 I h! 'Ij c~ n Cj ;q! aJ Iii II!! ~ 1;8 III!! '-' hi I ~ .1 ;;: *. ~.I 'j ~.":oo,~~ --':'^-=~~ -=-:::: == =- _ _ ___ _ _ __ { =~~~::~~~~~~-:~--~ ,,~"~" ~ IW"'" "'- ~, "I (~Al.W<lJ-)'IO) ~'i!'<\';lIJ\I~a'JII(JJ ===~=========~ Ii I 'Jl I 'Ii mmllll, ~ :i o ii ~ ! i~ ~: II II! mmiiljjjui Q :J Cl lit ! I I ! ilhli I 'illl !I . " I ill 11:1 '';'''''u, iI I .' rl il If , '!, Iii'" II." i.ill.!i! . !:j Ilb!!l Ii! in W1<:~n ! '1 " Ii. ,.5 'i' I"'~a ~II i!i!h, II! ii~l;!ll" 1'1 ii.lll Ii.:' .,ji!lll i~i ~:~;U: :U! . b::11l m_-J -~-4- -~ :-:=01.<3 DVdl - ~- - =-- -=- --=- ~ - =-= =-=- - :r---.:.---------~~ , F ~ :A1~:-~ --==;:~-=- ~~;;-;;=;;~;;; -~ - ~- AA 04-5/TM 04-7 1rl~9 4 ,o~ r', " ~ ":'ill "'-:f--- oct.. ~... U '= ~ "r ::rLlo:: ,n f-- ') ~ ~I >- iI1 ~I f:= <!: (l f--' zl w f- ~II ~ ~ ~ 3- ~I f: ~II. SOl ! ! ~ I . Pll I ~~ III11 ~g Kl~ J ~< ;1 ~1Il fl "J I ~= ~ .)1 i!~ ~ ~!H I,. Ii." I lu-' rs: 10 l; 1C) j )~, "- II il ~ i .d,~. r; i'f " '~ ! '~ i~ ~~ ~ ~ u~ !t <) I IPI ~ I ill ~ ~i I~ ~ ~~~ ~ ~~ as @I. . ~o U 0 f q ~H; ~ ~ ~aB .00'001 ~ i~ ~ ~;~~ ""'" ~~ - --- ~ as f ~ ~"' ~ h~n ~ s: .~ '" II ~~~ , ~~ '. ,llil , ~I~!d (JJ ~ ,:J Z ~ o C 2: o (J ~ 2: j::: (JJ X UJ .. <( > ~ . ! ! ! ! ! ! . . . . . . . . . . . . ~!~ . . . . . . - . - - . . . " . . . . ~! i ~ ~ . ~ . , . . ~ ~~ ~ ~~ ~~~I~~ It; i IL I t i ~ i ; i i II I f!!p i ~ u if U II II Ii Ii If If Ii h II If II If if U!j h I~ . i ;; 'l ~ .. j l'- e . 0" J 7")... > 9' rrT l5 ~ .... ~ . .,. .,. i -' " .. l l :>. ~ '2' t :. S ,;: ., " Z ., .. ~ .. i ] -j ~ n ...,,, ,< .'1 - I'- - _ ;;;;: =-.;;;-=... -=---..:;;-~..;;;-.;;;-..;;---=-"'"":.,;;'~..== n__~~~ ~ J.I_ --==1---- swnlNIWOONOO DNI.lSIX3 AA 04-5/TM 04-7 EXHIBIT 5 75A-10 OS8~8S9?~L SOLES y:) 'YNYYlNYS SZ~ H39NI03 '3 ~08~ Z 3SYHd 011 S30VllOO VNV V~NVS 4 ~ m ~ l ~aa ~Q~H ~ ~ ~m~ ~ :i NVld H001:! ~ NVld III C:C: c:c:c: 00 cicio = "'''' "''''''' :il=1 "'<ON 8 _0 f;:l~~ N II. '" III 0 '"0 ~ o~ 0"- ~ :I "-0 w z "OJ: (J ~o """"u "'u w,"'" " "'w '"""0 ;;:'" "",,"- ....-.~li .0-." .t-,II '- 000 ,- I i "t ~~ ~ I ~id?, ~ i~ ~ ~ ' t=ili " ~s- IC:l I:.~ [@]n-.J ~ ",,'? --~~ ~ \ I J : a I I .. I I I I I i:; o .JE:lL. f ~ a n z~ ![;;j , @l]ffiJ ~ -'= )O-r . I~.=:- .~ . ---- ..~ I~ I;' .. I!! I~ !ill ) --.,-, n_+--j I I I I I I I I I I I I I I ------------, I rJ I I I I I I I I I I I I I I I I I I I I I I Co I ____________...1 L______ AA 04-51TM 04-7 f~~l ~ ~ ~ .-; ~ J~ ~ c ~ z OSU-lIS!l'"1'~.L SO.L~ y:) 'YN\' Y.1NYS S~~ lIaONloa 'a ~ou ~ asYHd 011 S39VllOO VNVV~NYS ..v.. SNOI~V^313 ~ NVld .-= i H ~ ~.~It i ~ Um ~ AA 04-SrrM 04-7 ~~!12 ~ .... ~ .., ... !~~ c~ OS8~~1>~L SOLU Y:I 'YNY Y1NYS Sl:~ H:lElNIO:l ':I ~ou l::ISYHd 011 S30V.u.OO VNV VJ.NVS ..B.. SNOIJ.VJ\313 ~ NV1d .,-: tH ~ ~~~ . ~ ~a{~t~ J ~ UJn~ .r .n fil.',. ~ ~. (' ~ f'! ... C is' I M ~ OSR-lIS!Hi'~L SOLU Y:l 'YNV nNYS Si:~ ~aoNlaa 'a ~08~ i: aBYHd 011 S30V.llOO VNVV~NVS NVld H001.::1 ~ NVld ~ ~ 'P' J:~ ~ ~ .'-.~ .Ol-,'l ............ ......... cidd III """ en i en"'.... ~~rQ '" ... III 5 w "''' ::I j"U .... ....0 . .."'''- "'-.Ii ~ 'flr~. ~ ~p [@] I~ [@] $" :I~ I I I I I I I I I I I I I ~ir;-l('!' I i I I \(,] ) ~ H 'j iQ J] I~ 't;i "'~ @l]EE1J ~~'. _~I~. ~~ -~!. =...~. , I!~ i. ) --~--T-' ~----+-I I , I , I I I I I I I I I I , I r, '-' rl I I I I I I I , I , I , ~~~~~~~~~~~~~~~~~~, , r" , , I ~DD~ , I ", I _______________~J AA 04-5ITM 04-7 E,gJ{!14 ~u SOLEI y:) 'VNV YJ.NYS 5Z~ 1139NI03 '3 ~08~ E 3SVHd 011 S30Vl.lOO VNV V.1NVS ..v.. SNOI.1V^313 Z NYld ~ [I AA 04-51TM 04-7 7!~~1% ~. . '- ~. ~ ~ N ~ 15' OSR-8S9-"~L SOLZ8 v:) '\'NY Y.1.HYS S1:~ H3ONIC3 '3 ~08~ r; 3SYHd ::>11 S39YllO::> YNY Yl.NYS ..8.. SNOIl.YJ\313 Z NYld [I ~<-: l H h~!ii ~ 'aM ~ ~ UJn~ a I") ~ ~ j ~ ~ 1S' AA 04-5ITM 04-7 E~i_~6 OSI~8S9""U. IlOLl:6 Y.l "IN't 'tiN'tS sn H3aN103 '3 ~08~ l: 3SYHd :>11 S39" llO:> "N" ''.IN''S CD o I I I I I I I ~I; i i&l'.' I ..!Q I I _________J .. i~ ~~~- --jijl QJ I I I I I I I I I I rBt-1l JgjIQ I I I I ~ 1 I 1 I I I I I I I ~ NVld H001::1 t NV1d ~ ~ ~ ...~ I 5li a IQn~ ~ ~ UU3 ~ i a ~ h~ t:tt~ 1--... j L a= g ... 110 Q Z o U III . ~:;; ~~ a I e j L a= o o ... 110 l- I ~_E 7l~~11t O!i8Z"8S9"li'U SOLZ6 Y:l 'VNY VJ.HYS Sin HaONloa 'a ~08~ Z aSVHd 011 S30V1.100 VNV VJ.NVS ..v. NOIJ.VA313 & NVld ~g~~18 d !I f1:~,\, ~"1 z o j: ~ III ... III ... z i 110 ~ ~ z o j: ~ III ... III III a ;; ... z: ClI i Tentative Tract Map No. 2004-07 January 24, 2005 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, improvements are consistent with the Low use designation of the General Plan and with all other elements of the General specific plans. and its design and Density Residential land are otherwise consistent Plan and any applicable The proposed subdivision will result in eight single-family residential units in conformance with the density for this land use designation. B. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to all provisions of the R-l zoning district with respect to lot size, frontage and setbacks. C. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the single-family development as proposed since the property will be located within the Single-Family Residential (Rl) zoning district and has a General Plan land use designation of Low Medium Density Residential at eleven dwelling units per acre (LMRll) . Additionally, the site is surrounded by duplexes to the east, multi-family residential units to the south, and single-family residences to the west and north. D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The proj ect site is located in an urbanized area, and there are no known fish or wildlife populations existing on the proj ect site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. EXHIBIT 14 75A-19 Tentative Tract Map No. 2004-07 January 24, 2005 Page 2 of 2 E. The design or improvements of the proposed proj ect will not cause serious public health problems. The proposed subdivision is not anticipated to have any detrimental effects upon the general public. Each property will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 04-70. F. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed proj ect will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. 75A-20 JANUARY 24, 2005 PAGE 1 OF4 Conditions for Approval Tentative Tract Map No. 2004-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. The proj ect shall remain in compliance with Site Plan Review DP No. 2004-70 including floor plans, interior amenities and building materials. 2. A six-foot high block wall is required for Lot 5 where the back yard abuts the street to assist in privacy and noise attenuation. The block wall shall be constructed of decorative masonry material with contrasting trim cap. 3. A six-foot construction fencing with screen shall be provided along the perimeter of this property during construction. 4. Covenants, Conditions and Restrictions (CC&Rs) are required prior to final map approval addressing operational standards, common area maintenance, drainage, architecture, parking and circulation. The CC&Rs shall be recorded with the final map. 5. Two copies of the recorded final tract map and CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 6. The tentative tract map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. EXHIBIT 15 75A-21 JANUARY 24, 2005 PAGE20F4 7. After proj ect occupancy, landscaping is to be maintained in accordance wi th the landscape plan approved for the proj ect . This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 15. Prior to issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adj acent street. The plan is to include existing and proposed elevations adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 16. The geotechnical recommendations identified in the preliminary Soil and Foundation Report prepared by H&T Soils testing, February 2004, shall be incorporated into plans and specifications. 75A-22 JANUARY 24, 2005 PAGE30F4 17. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 18. Prior to the issuance of building permits, the project applicant shall be responsible for the construction of on-site storm drain systems. 19. The proposed project is subject to Drainage Area I Assessment Fee. 20. Grading plans and building plans for the proposed project shall reflect that the lowest finish floor elevation of any structure shall be one foot above the highest adjacent grade for the AO-l zone and at least as high as the depth number specified for the AE Zone on the flood insurance rate map. All elevations must be referenced to the National Geodetic Vertical Datum. Reference should be made to the Flood Plain Management Ordinance for complete requirements, Santa Ana Municipal Code, Chapter 7. 21. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall not take place between the hours of 8: 00 p. m. and 7: 00 a. m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 22. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. 23. All construction equipment shall be properly maintained and tuned to minimize noise emissions. 24. All equipment shall be fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed. 25. Stockpiling and vehicle staging areas shall be located away from existing residential uses. 26. The name and telephone number of a contact person shall be posted on-site. 27. Construction shall be subject to any and all provisions set forth by the City of Santa Ana Planning Department. 75A-23 JANUARY 24, 2005 PAGE40F4 28. Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a fee payment between the developer and the Garden Grove School District to offset school facility impacts. 75A-24 ORDINANCE NO. NS-2675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 419 SOUTH NEWHOPE STREET FROM TWO-FAMILY RESIDENCE (R2) TO SINGLE- FAMILY RESIDENCE (R1) (AA NO. 2004-05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2002-05 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 419 South Newhope Street from Two-Family Residence (R2) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 24, 2005, on Amendment Application No. 2004-05 and Tentative Tract Map No. 2004-07 and determined by a vote of 6:0 (Leo absent) that Amendment Application No. 2004-05 is consistent with the General Plan. Specifically, Goal 2 of the Housing Element which states to "maintain, preserve and revitalize residential neighborhoods and support quality housing for all economic groups within the community" and additionally the proposed Single-Family Residence (R1) zoning district will be consistent with the General Plan land use designation, Low-Medium Density Residential at eleven dwelling units per acre (LMR11). C. Amendment Application No. 2004-05 and Tentative Tract Map No. 2004-07 came before the City Council for a duly noticed public hearing on February 7, 2005, and at that time considered all testimony, written and oral. D. Amendment Application No. 2004-05 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. This project is exempt from further 75A-25 review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-191 will be filed for this project Section 3. The real property located at 419 South Newhope Street is hereby reclassified from Two-Family Residence (R2) to Single-Family Residence (R 1 ). Amended Sectional District Map number 16-5-10, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee D. Odette Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-26 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2675 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-27 .-5-,J 19-5-10 + '''] ! Iii] ] ~. Q, I J FIRST I !! II ST. jl ~- L-.J I C5 ~ 50-32 R21 I I I~-~I IIC2i-- I: II ::: II:: II I Ii:: :i: if::~!;:j ~ ~L______~ ------- I I Ir C2 Rl Ml Rl i~2T~frD-:: R3 '-II 1'-11 II : L~J: ~~_I: ===-=--~1 -~~ --~; ~) o :::l W R2 MCFADDEN AVE. >-' II Ul w II "- II 0 0 :I: II ~ II w Rl IIRl ~ II Rl ~ ~ GBB ~ Rl AV ~ 0 ~ Rl Rl Rl Rl 8 Rl Rl Rl Rl Rl Cil limits -.; -r -r II I 21-5-10 EDINGER AVE. 9-5-10) l.!2::i-10 + 1505.10 5p. 2 c:i ~ m [ · 1[1 1"-11-- II 'I II ~ I I, II II !! I I__-=_r ~l ~... r____J r----J.. , ..---- I q I" 11 c.' I I I, II II II I '- __Il__ JI_ __ _11_ _ JL_ _I 1505-10 L1IACAV - + 21-5-10 1 (22--5-10 Zoning District ADOPTED BY RESOLUTION NO. 5186 BY lHE SANTA ANA PLANNING COMMISION PART OF ORDINANCE NO. NS-394 ADOPTED BY lHE SANTA ANA CITY COUNCil, AUGUST 17, 1959. Al -B Cl Cl-MO C2 C3 G3-A C4 C5 CR GENERAl AGRICULTURAl PARKING MODIFICATION COMMUNITY COMMERCIAL COMMUNITY COMMERCiAl-MUSEUM DISTRICT GENERAl COMMERCIAL CENTRAl BUSINESS CENTRAl BUSINESS-ARTISTS' VILLAGE PLANNED SHOPPING CENTER ARTERiAl COMMERCIAL COMMERCIAL RESIDENTiAl Rl SINGLE-FAMilY RESIDENCE RI-4000 SMALL LOT SINGLE FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTiAl ESTATE SO SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CSM GC Ml M2 MO o P PCD PO PRO SOUTH MAIN STREET COMMERCiAl DISTRICT GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRiAl MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED DEVELOPMENT PLANNED RESIDENTiAl DEVELOPMENT RES. I A.A./ ANX. NO. A.A.744 A.A.7'lill A.A.7ge A.A.833 A.A.838 A.A. 7ee A.A 896 A.A. 927 A.A.930 A.A.9$ A.A.940 A.A.953 AA. Qe6 A.A.99lI AA. 1001 A.A.1023 A.A.1054 A.A. 10151 A.A. ClO-04 ORD./RES.NO. NS-1320 Ns..1Qi NS-1.wo NS-1534 NS-1549 NS-1553 NS-1760 NS-1NO NS-1793 NS-1819 NS-1821 NS-1847 NS-1881 NS-1948 NS-l9S04 NS-2003 NS-2155 NS-2222 NS-2458 ADOPTED DATE 9-20-7e 6-19-78 8-21-78 7-7-60 2-16-88 ....... 3-20-89 1-21-92 5-16-94 12-18-00 APPPROVED RES. I AA / ANX. NO. 5194 5232 52IT 5330 5710 5755 5n4 5783 NS.769 NS-776 NS-833 NS-847 Ns.a52 N5-912 NS-1127 NS-1129 NS-1182 NS-1193 NS-1284 1-+65 1-18-65 12-~ 5-16-66 &-H16 2.1~ 7.17-72 &-7-72 5-7-73 12-17-73 12-&-75 ORD. / RES. NO. NS-39l5 N5-409 NS-422 NS-Mj3 ADOPTED DATE 9-&-5; 1o.s-SO 12-21-59 6-&-60 APPPRQVED PREPARED BY THE PLANNING DIVISION SCALE IN FEET '000 60- MINIMUM FRONTAGE -6000 MINIMUM LOT AREA Latest Revision Date: B-16-04b THIS MAP IS THE OFFICIAL SECTIONAl. DISTRICT MAPOFTHE CITY OF SANTANU... 1-5 AUTHORIZED BY CITY COUNC" RESOLUTION NO. 74-163, DATED 11-18-74, I HEAEBY ATTEST THAT THIS MAP IS A mUE copy OF THE ORIGINAl SECTIONAl DISTRICT ::~ ~ING a BUI..Dt4G AGENCY CertificaaD.lI SEPTEMBER 10. 1982 5830 509. 5~ l5a25 ..,.. 007ll CITY OF SANTA ANA CALIFORNIA EXHIB KO - 1/28/05 RESOLUTION NO. 2005-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2004-07 AS CONDITIONED FOR THE PROPERTY LOCATED AT 419 SOUTH NEWHOPE STREET (COUNTY MAP NO. 16775) 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. Tentative Tract Map No. 2004-07 seeking to divide the existing 1.67-acre site into eight parcels at 419 Newhope Street came before the City Council of the City of Santa Ana for a duly noticed public hearing on February 7,2005. At that time the City Council considered all testimony, written and oral. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 24, 2005, on Amendment Application No. 2004- 05 and Tentative Tract Map No. 2004-07 and determined by a vote of 6:0 (Leo absent) that the City Council approve Tentative Tract Map No. 2004- 07 as conditioned. C. The City Council of the City of Santa Ana determines that the following findings have qeen established: i. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision will result in eight single-family residential units in conformance with the density for this land use designation. ii. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to all provisions of the R-1 zoning district with respect to lot size, frontage and setbacks. 75A-29 Resolution No. 2005-XXX Page 1 of 3 Hi. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the single-family development as proposed since the property will be located within the Single-Family Residential (R1) zoning district and has a General Plan land use designation of Low Medium Density Residential at eleven dwelling units per acre (LMR11). Additionally, the site is surrounded by duplexes to the east, multi-family residential units to the south, and single-family residences to the west and north. iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. v. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision is not anticipated to have any detrimental effects upon the general public. Each property will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 04-70. vi. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. B. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-191 will be filed for this project. Resolution No. 2005-XXX Page 2 of 3 75A-30 C. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Tentative Tract Map No. 2004-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Odette Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-015 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-31 Resolution No. 2005-XXX Page 3 of 3 Conditions for Approval for Tentative Parcel Map No. 2004-07 Tentative Tract Map No. 2004-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 2004-70 including floor plans, interior amenities and building materials. 2. A six-foot high block wall is required for Lot 5 where the back yard abuts the street to assist in privacy and noise attenuation. The block wall shall be constructed of decorative masonry material with contrasting trim cap. 3. A six-foot construction fencing with screen shall be provided along the perimeter of this property during construction. 4. Covenants, Conditions and Restrictions (CC&Rs) are required prior to final map approval addressing operational standards, common area maintenance, drainage, architecture, parking and circulation. The CC&Rs shall be recorded with the final map. 5. Two copies of the recorded final tract map and CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 6. The tentative tract map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 7. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This EXHIBIT "A" Page 1 of 3 75A-32 shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 15. Prior to issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 16. The geotechnical recommendations identified in the preliminary Soil and Foundation Report prepared by H& T Soils testing, February 2004, shall be incorporated into plans and specifications. 17. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. EXHIBIT "A" Page 2 of 3 75A-33 18. Prior to the issuance of building permits, the project applicant shall be responsible for the construction of on-site storm drain systems. 19. The proposed project is subject to Drainage Area I Assessment Fee. 20. Grading plans and building plans for the proposed project shall reflect that the lowest finish floor elevation of any structure shall be one foot above the highest adjacent grade for the AO-1 zone and at least as high as the depth number specified for the AE Zone on the flood insurance rate map. All elevations must be referenced to the National Geodetic Vertical Datum. Reference should be made to the Flood Plain Management Ordinance for complete requirements, Santa Ana Municipal Code, Chapter 7. 21. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 22. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. 23. All construction equipment shall be properly maintained and tuned to minimize noise emissions. 24. All equipment shall be fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed. 25. Stockpiling and vehicle staging areas shall be located away from existing residential uses. 26. The name and telephone number of a contact person shall be posted on-site. 27. Construction shall be subject to any and all provisions set forth by the City of Santa Ana Planning Department. 28. Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a fee payment between the developer and the Garden Grove School District to offset school facility impacts. EXHIBIT "A" Page 3 of 3 75A-34 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET - TRANSACTION FINANCI~)ORPORATION, APPLICANT ~ bI~~<{Jaa~~-- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt a resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. PLANNING COMMISSION ACTION Recommended that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt a resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 758-1 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 7, 2005 Page 2 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. At its December 13, 2004 meeting the Planning Commission adopted a resolution approving the actions above as conditioned by a vote of 6: 1 (Sinclair opposed) to allow a mixed use development within the Specific Development No. 59 (SD-59) zoning district at 2775 North Main Street. DISCUSSION To facilitate the City Place development proposal, a series of actions are necessary. Those actions include Environmental Impact Report, Zoning Ordinance Amendment, Development Agreement, Conditional Use Permit, Vesting Tentative Tract Map and Site Plan Review. Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this proj ect . The environmental issues analyzed in the EIR include aesthetics, air quality, cultural resources, land use, hazardous materials, hydrology/water quality, noise, traffic and circulation, public services and utility services. The environmental impact report has identified a significant and unavoidable impact to air quality and traffic. No feasible mitigation measures are available to reduce the effect. Accordingly, a Statement of Overriding Considerations will be needed in order to approve the project. All other potential impacts associated with the project were determined to be less than significant or were provided with mitigation to reduce impacts to a level considered less than significant. Zoning Ordinance Amendment In 1993, a specific development zone (SD-59) was approved on the site to accommodate an extremely intense mixed-use project. The entitlement included a 22 and 32-story office tower, 19-story residential tower (216 units), hotel, parking structure, restaurants, health club, retail space, cinemas and live theater, and attached residences (64 units). The total project gross square footage was 1,964,770 with parking to accommodate 5,464 spaces. 758-2 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 7, 2005 Page 3 The specific development plan proposed for City Place incorporates the intent of the previous entitled project without the high-density residences or intensity of commercial space. The specific development text lays out criteria for the review of the project. Due to the lower scale and intensity of the proposed project, the development of the site is in many ways different than that previously approved and therefore requires an amendment to the current SD-59. Development Agreement The development agreement establishes development intensity, density, permitted uses and standards for the term of the agreement. In exchange for the City vesting the standards and changing allowable intensity, the development agreement requires certain public benefits. The main points of the agreement include the term, residential high-rise consideration, public art, Inclusionary Housing fee, Santiago Park Improvement fee, In- lieu park fee, CC&R's (Conditions, Covenants and Restrictions) and Cultural In-lieu fee. Conditional Use Permit A conditional use permit has been requested to allow the live-work component of the proj ect . Should the Zoning Ordinance Amendment be approved, a conditional use permit will be required for any proposed live-work project within SD-59 zoning district. The live-work component is envisioned to create an urban element while providing a transition between the commercial uses and residential living. As the overall plan is proposed, the live-work component is encouraged to link the components and accentuate the District Center urban character. Vesting Tentative Tract Map A vesting tentative tract map is requested to allow the subdivision of land and future residential condominiums. The vesting nature of the map ensures that the standards to be applied to the project will be those adopted with the approval of the map. Site Plan Review Santa Ana Municipal Code requires approval of all plans development area to ensure the project is in conformity development standards. The proj ect as designed is in standards within the zoning ordinance amendment and applicable development standards. within a specific with the specific keeping wi th the with all other 758-3 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 7, 2005 Page 4 The Planning Commission, after conducting public hearings on October 25, 2004 and December 13, 2004, added the following changes to the recommended conditions of approval and mitigation measures: A) Require the use of unit pavers in areas primarily designated for pedestrian use. B) Amend Page 19 of Specific Development to prohibit parking and storage of boats, trailers and recreational vehicles on site. C) Amend Page 28 of Specific Development to prohibit use of opaque/painted glass in retail uses so as to maintain transparency and the pedestrian orientation of the project. D) Place a restriction on the use of the cultural in-lieu fees towards development or construction of a theater. E) Add a mitigation measure to change the hours of construction to 7:30 a.m. to - 4:30 p.m. Monday through Saturday. F) Require an In-lieu park fee to be paid by the developer and used wi thin the northeast quadrant of the city and keep park fees within Santiago Park. G) Require a crosswalk and associated traffic signal at Crescent and Memory Lane leading towards Santiago Park. All conditions of approval are outlined in the attached staff report (Exhibit A) . FISCAL IMPACT The project, with approval of the development agreement, will provide a positive fiscal impact to the city. The fees anticipated are as follows: · Cultural in-lieu fee - $400,000 · Inclusionary Housing Fee - $3,000 per unit (estimated $723,000) · Santiago Park Improvement Fee $1.64 per usable square foot (estimated $776,000) · In-lieu Park Fee - $35.50 per square foot or an estimated $1.79 million (This fee would be offset, or reduced by the Santiago Park Improvement Fee, resulting in a net in-lieu park fee of $1.01 million) 4CA.J~' Stephen G. Har 1ng Executive Director Planning & Building Agency SK:rb sk\reports\city place.02070S.cc 758-4 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET Prepared by Sergio Klotz /~~. Executive Direcf>~ RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~g Manager 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2 . Adopt an ordinance approving Zoning Ordinance Amendment Nq. 2004 - 06. 3. Adopt a resolution approving Development Agreement No. 2004-a4. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. DISCUSSION On October 25, 2004, the Planning Commission held a public hearing regarding numerous entitlement actions to facilitate the City Place mixed use development proposal. At the conclusion of the hearing, the Commission continued the project and directed staff to clarify a list of items while allowing the public review period for the Draft Environmental Impact report to conclude. EXHIBIT A 758-5 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 2 For reference and review is the original staff report dated October 25, 2004 (Exhibit 12), responses to Planning Commission comments, staff modifications and the following revised documents: Specific Development 59, Development Agreement 2004-04 and Conditions of Approval. In addition, the public comments received on the Draft Environmental Impact Report and written responses to those comments have been included. The applicant has also supplemented its submittal with an architectural booklet dated December 6, 2004 Exhibit 13 and a matrix (Exhibit 14) outlining changes from the architectural booklet dated August 23, 2004 that the applicant submitted for the Commission's review in the last study session concerning the project. The applicant has provided a copy of the project's development schedule (Exhibit 15). Planning Commission Comments In response to the Planning Commission's October 25, 2004 hearing, staff has summarized the Commission comments in the list below. The underlined areas identify issues or section numbers raised by the Planning Commission followed by staff responses. . Specific Development Zone: Page 4, Item 1. b. Allowed Staff concurs that office uses active commercial center as proposed SD has been revised to uses include general offices. would not be appropriate in an envisioned. Therefore, the prohibit these uses. Page 5, Item 1. d. Cafes and restaurants. Staff strengthening the provision by requiring that restaurants incorporate sit-down dining areas and service. These changes have been incorporated into recommends cafes and full table the SD. Page 8, Item A. 6. Conditional use permit requirement for parking structures. This item is included to accommodate potential future parking needs. Though no parking structure is proposed at present, a future high-rise residential tower may require one. Requiring a conditional use permit for such a future parking structures will enable Planning Commission and City Council to review it in its context and either approve, conditionally approve or delay the proposal. 758-6 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 3 Page 13, Item 7. a. Plaza and Fountain Design. Clarify the number of pedestrian level water features. The SD has been revised to require six water features for the retail area and seven water features for the residential area. Page 14, e. Clarify decorative paving treatments. Staff has conferred with John Kaliski, the city's consulting urban designer who concurred that the use of stamped decorative asphalt at drive approaches and intersections is an appropriate material to denote a sense of arrival to the project and to clarify pedestrian linkages. Page 17, Item 1. c. Clarify setbacks along Memory Lane. The applicant has clarified that while areas of the building may be at a minimum distance from the right-of-way, the entry doors will be setback a greater distance. Further, there will be a transition from the public space to semi-private space to the front door of each unit. The narrow setback condition along a segment of Building E will utilize appropriate landscape and architectural treatments to address potential graffiti and aesthetic concerns. The applicant has provided a setback plan wi thin the architectural booklet dated December 6, 2004 (Exhibit 13). Page 18, Items 2 and 3. Aggregate open space. This item from the original SD is recommended to be removed because it added confusion by implying that unbuilt areas of the site should be constructed as open space. The staff report has been revised accordingly. Page 19, Item F. 5. Expand prohibition limited recreational vehicles. Language is recommended to to read boats, recreational vehicles, trailers, storage area prohibited on-site. to parking be revised or similar Pages 44-48. Clarify whether signage requirements apply to the lofts? Yes, they do. The provisions outlined within the signage section require the submittal of a sign program. The signage section as outlined will allow flexibility in the sign program. Although it is not envisioned that all loft units will utilize fully-public commercial spaces, those that do will be allowed business name recognition. 758-7 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 4 Are there limitations on the number or location of kiosks? Page 6, Item 5. a. identifies the maximum number of kiosks at five. . Development Agreement: Please add the referenced exhibits. Exhibits A, B, C, D, E and F are attached to the Development Agreement. . Conditions of Approval: Commercially permitted uses should mirror recently approved Santiago Lofts project. Conditions reflect those approved for the Santiago Lofts project. The interior building amenity package should be submitted and approved prior to building permits. Language has been added to Condition A.6. of both the tentative tract map and conditional use permit to include prior to issuance of building permits. CC&Rs should require professional management of the Homeowners Association to maintain the high quality of the project. The Conditional Use Permit (Condition 12) and Tentative Tract Map (Condition 2) have been modified to address the comment. Staff Comments on Applicant's Responses Certain items within the applicant's October 25, 2004 booklet differed from its August 2004 booklet. Accordingly, the applicant has submitted a matrix (Exhibit 14) outlining differences and the reason for the changes. Staff has reviewed the matrix and offers the following comments: 1. ) Retail Center. Staff and City's consulting urban designer concur that the change in roof material from clay tile to tile does not reflect a change in quality or appearance. 758-8 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 5 2. ) Landscaping. Staff and City's consulting urban designer concur that the change in the use of all terra cotta planter pots to both terra cotta for smaller pots and pre-cast for large pots does not reflect a change in quality or appearance. 3.) P-2. Exterior Materials. · The change in the use of a sand finish does not reflect a change in quality or appearance. For maintenance purposes, the use of a sand finish is encouraged. Sand finish is known to crack less than smooth finish. · Staff and the City's consulting urban designer concur that the use of Trex siding raises maintenance concerns. The Hardiplank horizontal siding will provide a similar architectural finish without the potential maintenance problems. P-2. Interior Materials. · Staff recommends that the applicant be required to provide a specification list for the kitchen appliances, which will require the General Electric Monogram Series appliances or equivalent. Condition No. 6 of the conditional use permit and tentative tract map has been added to address this issue. · Staff recommends that all kitchen cabinets be of a stain grade hard wood. Condition No. 6 of the conditional use permit and tentative tract map has been added to address this issue. 4.) P-1. Exterior Materials. · Staff and City's consulting urban designer concur that a change to a 10/15 sand finish will not significantly differ from a 20/30 finish. However a condition has been added to require material samples. · The use of Ledgerstone or an equivalent natural material is recommended throughout the project. Staff recommends the use of natural stone within the areas noted for use of Ledgerstone. A condition has been added to require material samples. · The use of composite materials is not recommended in lieu of a metal material. A condition has been added to require material samples. 758-9 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 6 Interior Materials and Amenities. . Staff and City's consulting urban designer concur that a change to industry standard textures for interior walls and ceilings does not reflect a quality change. A condition has been added to require material samples. · It is recommended by staff that units designed to accommodate stacked washers and dryers be required to include a stacked washer and dryer appliance as an amenity. The rationale for this requirement is that the stacked washer/dryer configuration is designed to save space but is otherwise a less desirable arrangement. New owners may also be less likely to own a stacked washer/dryer appliance. Tentative Tract Map Condition 25 has been added to require material samples. · Staff recommends that the applicant be required to provide a specification list for the kitchen appliances, which list will require the General Electric Monogram Series appliances or equivalent. Condition No. 6 of the conditional use permit and tentative tract map has been added to address this issue. 5.) P-3. Exterior Materials. · Staff and the City's consulting urban designer concur that a change to a 10/15 sand finish will not significantly differ from a 20/30 finish. However a condition has been added to require material samples. · A change to eight inch sand blasted concrete block is not recommended, but rather the textured sand blasted four inch high concrete block at raised patios. Tentative Tract Map Condition 15 has been added to require material samples. · The use of composite materials is not recommended in lieu of a metal material. Tentative Tract Map Condition 15 has been added to require material samples. Interior Materials and Amenities. · Staff and City's consulting urban designer concur that a change to industry standard textures for interior walls and ceilings does not reflect a quality change. A condition has been added to require material samples. 758-10 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 7 . It is recommended by staff that units designed to accommodate stacked washers and dryers be required to include a stacked washer and dryer appliance as an amenity. The rationale for this requirement is that the stacked washer/dryer configuration is designed to save space but is otherwise a less desirable arrangement. New owners may also be less likely to own a stacked washer/dryer appliance. Conditional Use Permit, Condition 22 has been added. Provide details of the pedestrian walkways. The applicant has provided a plan within the architectural booklet dated December 6, 2004 indicating the pedestrian linkages throughout the project. Clarify the pavement material and width of walkway through the commercial parking area. The walkway is approximately 8-10 feet wide with additional landscaping along either side. Stamped asphalt will be utilized throughout the walkway. Sensitivity to existing adjacent parking structure to the north should be addressed. The applicant has provided a plan within the architectural booklet indicating the treatment along this segment of the development site. In order to accommodate plant material that can mature to screen the adjacent structure, a minimum five feet clear width planter is needed. A condition has been added to address this issue. Development Plans: Identify trash enclosures. Enclosures have been noted on the plans in compliance with such regulations, including appropriate screening. Dead end aisles within the residential component. Although the development components have been designed to address pedestrian circulation throughout, vehicular circulation has been limited. Dead end aisle conditions are proposed at locations where only assigned parking will exist. Adequate turning movements have been contemplated in this design. 758-11 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 8 Drive aisles lack landscaping. The applicant has addressed this item within the booklet dated December 6, 2004. Between garage openings, plant material such as a 'Climbing Rose' and 'Yew Pine' will be installed to add texture and soften these areas. Additionally, Tentative Tract Map, Condition 18 has been added to require a trellis or architectural feature to better articulate the alley facades and provide a framework to support the plant material. How is the parking provided for the Loft component? Parking will be provided in the form of garages and open guest spaces within the rear area of the lofts. Significant on-street parking will also be available along the crescent shaped street. Crosswalks along the crescent shaped street should be provided. The applicant will be working with the Public Works Agency on potential crosswalk opportunities. Appropriate locations will provide decorative pavement, signing and will allow for minimum sight distance per Public Works Agency standards. Loft units have primary view of a parking lot; how is this to be screened? The applicant has noted on the plans the planting of 24-inch box trees along each side of the crescent shaped road. The architectural booklet dated December 6, 2004 illustrates a section of the lofts along the crescent shaped road. Are bedrooms allowed on the ground level for the lofts? A condition similar to that imposed on the Santiago Lofts project is included in the conditional use permit (Condition No. 11). No opaque or painted glass should be used in the retail component, so as not to detract from the pedestrian oriented design. Tentative Tract Map, Condition 17 has been added to prohibit opaque or painted glass in the retail component. 758-12 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 9 Clarify location of skylights in provided a plan within the December 6, 2004 indicating the units. The skylights will not level. the Lofts. The applicant has architectural booklet dated use of skylights within four be visible from the street How do the single-car garages work? The applicant is prepared to discuss the logistics and operation of the single car garages. Two single car garages are provided to some of the units. One of these one-car garages will have direct access to the living units, while the remainder will be connected via a pedestrian link. Santiago Avenue should remain closed. Avenue is not contemplated. Opening of Santiago The entry plaza at Main Street and the crescent shaped street needs to promote a greater sense of pedestrian activity. The applicant is prepared to discuss the design and details for the corner space, recognizing the importance of creating a sense of arrival and architectural statement. Will the roll up doors be motorized? The applicant has indicated that buyers of the Loft units will have an option of motorized or non-motorized rolling doors as an architectural opening into the unit. Staff concurs with the option. Private balconies appear to be across from one another limiting unit privacy. The applicant is prepared to discuss the balcony location and relationship to privacy. The south elevation of Building E should be designed to address graffiti. The plans provide appropriate landscape and architectural elements, including vines, to deter graffiti. What will be the design at the terminus of the fire access lane at Lawson Way? The applicant will be asked to submit a detail outlining the design of the fire access entry location. It is anticipated that the design will include a raised curb along the street, hardscape and a decorative barrier. A condition has been added. 758-13 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 10 Additional Staff Comments In addition to the items listed above, staff recommends further changes or conditions of approval as noted below. These changes and conditions relate to further proj ect review by staff and the City's consulting urban designer. Specific Development Zone . Page 4, Item 1. c. The uses allowed in the commercial component have been revised to those appropriate in an active commercial center as envisioned. · Page 5, Item 5.a. A maximum of five outdoor sales kiosks or carts are recommended. The size and location of each Kiosk or cart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. · Page 7, Conditionally Permitted Uses, Item A.5. Language has been added to allow uses similar to coffee houses an opportunity to apply for a conditional use permit. Requiring a conditional use permit will enable Planning Commission and City Council to review such uses in their context and either approve, conditionally approve or deny the proposal. · Page 8, Item E.l. Language has been added to clarify only Certified Farmers Markets are allowed. · Page 8, Uses Not Permitted. Language has been added to clarify that uses not specifically listed as being permitted or conditionally permitted are prohibited. . Page 12, commercial footage. Item 4 .A. a. i., Parking. Changes to the total allowable square footages, absorbing the live theater square . Page 12, Item 4.A.a.ii. Parking. clarify that any additional square current parking standard. Language has been added to footages shall meet the City's 758-14 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 11 . Page 15, Item 8.a. Public Art. Language has been added to submittal and approval of a comprehensive plan prior issuance of certificate of occupancy. require to the . Page 15. Item B. CC&Rs. Language has been added for clarity. · Page 17, Item l.c. Language in the SD has been changed to reflect noted setbacks contained within the architectural booklet dated December 6, 2004. . Page 41, Parcels. Item A. Temporary Landscape Adjacent Language has been added for clarity. to Undeveloped · Page 43, Item 12. Language has been added to identify the location of the compatible landscape material across from Santiago Park. Development Agreement · 5.3. Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a 125-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex. Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first building permit for the Project. The City agrees to use this fee for the promotion and encouragement of cultural events and activities designed to serve the citizens of Santa Ana. · Prior to Owner seeking issuance of a building permit for the final 43 residential units in the proj ect (excluding from this count units within the Residential Tower Study Area (Exhibit F)), or for any residential unit located within the Residential Tower Study Area (Exhibit F hereto) (hereafter collectively referred to as the "Hold Back Units"), Owner shall have first obtained validly issued building permits for one hundred percent (100%) of the commercial component of the Project. Prior to seeking a certificate of occupancy for any of the Hold Back Units, Owner shall have completed all improvements, including site improvements and excluding only tenant improvements, for one 100 percent of the commercial component of the Project. 758-15 ErR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 12 Conditions of Approval · Add to Tentative Tract Map and Conditional Use Permit - All garages shall provide insulated garage doors with automatic opener and transmitter. · Condition 6 of both the Tentative Tract Map and Conditional Use Permit have been modified to require submittal of the interior amenity package prior to issuance of building permits. Further, the condition outlines minimum appliance and material grades. · Amend Conditional Use Permit (Condition 2) and add to Tentative Tract Map language clarifying the location for shopping cart electronic device to be the retail area including the surface parking area. . Conditional Use Permit (Condition been added to ensure the use of homeowners association. 12) . Additional language professional management of has the . Tentative Tract Map (Condition 2). Additional added to ensure the use of professional homeowners association. language has been management of the · Conditional Use Permit (Condition 4). Language has been included to allow flexibility in building construction by adding the use of either wood or steel construction. · Conditional Use Permit, (Condition 7). taking into account one-car garages. Language has been added · Conditional Use Permit, (Condition 8) Language has been added to specify the number of units, designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. Based on the design and layout of the site, these units have been identified to most likely provide commercial business used by the public. · Tentative Tract Map Condition 15 has been added to require submittal of exterior building amenities, materials and finishes. 758-16 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 13 . Tentative Tract Map, Condition 16 foot clear width planter along accommodate adequate tree planting parking structure. has been added requiring a five the northern property line to in order to screen the adjacent · Tentative Tract Map, Condition 17 has been added requiring the use of clear glass within the retail component. · Tentative Tract Map, Condition 23 has been added addressing landscaping along the alley facades and provide a framework to support plant material in the residential components. · Tentative Tract Map, Condition 24 has been added requiring submittal for review a plan outlining the design of the terminus of the fire access lane. CEQA Compliance At the time of the October 25, 2004 Planning Commission hearing, the draft Environmental Impact Report was available for public review and comment. The public review period closed on November 29, 2004. Exhibit 16 is a compilation of comments received on the environmental document, evaluation and response to comments on environmental issues. Each of the public agencies and interested parties that commented on the draft EIR will be provided a response to their comments. Addi tionally, Exhibit 17 provides a traffic volume comparison analyzing the affects by replacing the black box theater with retail uses. SK:JM sk\reports\city place.121304.pc 758-17 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: OCTOBER 25, 2004 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET Prepared by Sergio Klotz 4;L~€A . Executl I recto r APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ing Manager RECOMMENDED ACTION Receive and file the public comments for Draft Environmental Impact Report No. 2004-01. Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004- 06. 3. Adopt a resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06. 6. Adopt a resolution approving Site Plan Review No. 2004-05. DISCUSSION Request of Applicant Mr. Bob Bisno with Transaction Financial Corporation is requesting approval of various entitlement actions for a proposed mixed use project, including certification of the environmental impact report, zoning ordinance amendment, a development agreement, conditional use permit, f5~1 tl t 4j, . "'.~.. EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 2 vesting tentative tract map and site plan review. The proposed project consists of both a commercial and residential component. The commercial segment will provide approximately 57,700 square feet in a variety of sit-down restaurants, retail and theater space. The residential segment will provide 73 live-work lofts and 168 townhouses. Several actions are required to entitle the project: a) the project was identified to have a potential adverse impact and therefore required an environmental impact report; b) a zoning ordinance amendment is necessary to amend the Specific Development No. 59 zoning standards; c) a development agreement defining the terms and nature of development; d) a conditional use permit is required to allow a live-work proj ect; e) a vesting tract map is requested to allow the subdivision of the existing property into seven lots with three of the lots for residential condominium purposes; and f) the project location within SD-59 requires approval of the site plan. Property Description The development site is approximately 17.7 acres at the northeast corner of Main Street and Memory Lane. The proj ect site extends from Main Street on the west to Lawson Way on the east and from Memory Lane on the south to the city border on the north. The subject site is located within Specific Development No. 59 (SD-59) zoning district and has a General Plan Land Use designation of District Center (DC), which permits commercial and residential development. Surrounding land uses include the Main Place Mall and offices to the west; Santiago Park, offices and parking structure to the south; a senior residential development, and offices to the east; and retail, offices and parking structure to the north (Exhibits 1 and 2) . Project Description The City Place land use, planning and design provide a mixture of uses within a common setting. It stresses a people oriented environment where pedestrian and automobile traffic can co-exist on-site to create an experience of urban activity in a safe and high quality setting. The project has been designed with the commercial component oriented to the west end of the site and the residential component on the east. The site has been aligned to allow the development to have a greater presence along all of the frontage streets. The location of the buildings along Main Street, a commercial corridor, provides a link to the corridor and a visual connection to the mall. 758-19 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 3 Vehicular access to the site will occur along Main Street, Memory Lane and Lawson Way. Loading areas have been provided within the commercial area including a service loading area for Building E (Market E) allowing adequate circulation on-site and architectural integration. The commercial component includes approximately 57,700 square feet of building area, which is oriented towards Main Street and Memory Lane. The uses contained within the commercial area will include sit-down restaurants, retail and live theater. The live-work loft component will extend from Main Street to the north along a curved private roadway to Memory Lane. Seventy-three live-work units are provided ranging in size from approximately 1,496 to 1,771 square feet (Exhibit 3). Vehicular access to the site will occur along Main Street and Memory Lane. Each unit will have an attached two-car garage. The average parking spaces allotted per unit is 2.6. The design of the loft units provides large storefronts, pedestrian level windows, zero setbacks and a height that is consistent in mass, scale and rhythm with other structures in the area. The exterior treatment of concrete paving, aluminum windows and roll up door, cement and metal offers a blend of finishes that are complementary to the immediate area. The townhouse component will provide two designs: The Courtyards and The Park. Both the Courtyard and Park designs provide residential units within a courtyard, with all front doors facing the open area. Access to the townhomes will primarily be from Lawson Way with secondary access from the internal private roadway. The Courtyard will consist of 98 townhomes on 3.94 acres. These units are primarily located at the northeast corner of the development site. The unit si2:es range from 1,050 to 1,789 square feet consisting of 78 two- bedroom units and 20 three-bedroom. Two-car garages with direct access to the living space will be provided for each unit. The average parking spaces allotted per unit is 2.4. The exterior finishes will include stone, metal roof, awnings and railing and stucco. The Park will provide 70 townhomes on 3.13 acres. These units are located along the southeastern portion of the site. The units range in size from 1,740 to 2,570 square feet consisting of 22 three-bedroom units and 48 758-20 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 4 four-bedroom units. Two-car garages space will be provided for each unit. per unit is 2.4. with direct access to the living The average parking spaces allotted Analysis of the Issues Environmental Impact Re~ort The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR include aesthetics, air quality, cultural resources, land use, hazardous materials, hydrology/water quality, noise, traffic and circulation, public services and utility services. A draft EIR (DEIR) is intended to inform public decision makers, responsible and trustee agencies, and the general public of the potential effects of the proposed project (Exhibit 4). On July 5, 2004 a Notice of Preparation (NOP) was circulated for the preparation of Draft Environmental Impact Report No. 2004-01. In accordance with CEQA, a draft EIR is being circulated for review and comment by the public, local, regional and state agencies, and interested parties on October 15, 2004 for a 45-day review period. One of the purposes of the Planning Commission's actions is to obtain input from interested members of the public on the DEIR submitted at this hearing. The DEIR has determined that implementation of the project would result in unavoidable adverse impacts to air quality and traffic. All other potential impacts associated with the project were determined to be less than significant or were provided with mitigation to reduce impacts to a level considered less than significant. The City, after the 45-day review period has ended on the draft EIR, will evaluate the comments on environmental issues received from persons or agencies. In accordance with CEQA, each of the publ ic agencies and interested parties that comment on the draft EIR will be provided a response to their comments. Within the DEIR is the Mitigation Monitoring Program for the project. In addition, the Findings of Fact and Statement of Overriding Considerations have been included (Exhibit 5) . 758-21 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 5 The environmental impact report has identified a significant and unavoidable impact to air quality and traffic. No feasible mitigation measures are available to reduce the effect. A statement of overriding consideration will be needed should Environmental Impact Report 2004-01 be certified. Zoning Ordinance Amendment In 1993, a specific development zone (SD-59) was approved on the site to accommodate an extremely intense mixed-use project. The entitlement included a 22 and 32-story office tower, 19-story residential tower (216 units), hotel, parking structure, restaurants, health club, retail space, cinemas and live theater and attached residences (64 units). The total project gross square footage was 1,964,770 with parking to accommodate 5,464 spaces. The specific development district is a customized zoning classification used for unique and/or mixed-use projects. The specific development plan proposed for City Place incorporates the intent of the previous entitled project without the high-density residences or intensity of commercial space (Exhibit 6). The specific development text lays out cri teria for the review of the proj ect. Due to the lower scale and intensi ty of the proposed proj ect, the development of the site is in many ways different than that previously approved and therefore requires an amendment to the current SD-59. The following highlights those changes: Land uses A variety of commercial uses will continue to be permitted with an emphasis on sit-down eating establishments, retail and a live theater. A change to those permitted will be to require Building E to be occupied by a minimum 25,000 square foot tenant in order to accommodate an appropriate sized market. Additionally, prohibited uses would include schools, clinics, take-out only food uses and drive-through facilities. Those uses allowed by way of a conditional use permit include any establishment operating between midnight and 5: 00 a. m. , a live-work communi ty, uses wishing to sell for on or off premise consumption of alcoholic beverages, banquet facilities and a residential model complex. 758-22 ErR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 6 Building Height The maximum building height will proposed, a maximum of 50 feet. levels above a garage. be adj usted to mirror the proj ect as The tallest structure contains three Setbacks Buildings have been placed closer to sidewalks to allow a greater presence reflecting the urban design of the proj ect, which emphasizes pedestrian oriented spaces. The setbacks will continue to address building placement and allow appropriate landscaping and hardscape wi thin those areas. The use of decorative stone or pavement, trees, lighting, fountains, artwork, etc. will be located in the setback, as well as throughout the site. Main Street will provide an average setback of 19.5 feet and a minimum of 8 feet; Memory Lane will provide an average of 11 feet 8 inches and minimum of 1 foot; Lawson Way will provide an average of 18 feet and a minimum of 5 feet; and the internal crescent-shaped road will provide a 15 feet setback from curb face. Open Space The open space established within SD-59 requires a minimum of 35 percent of the aggregate gross area of the site used for residential purposes to open space. The project as proposed provides 59 percent of the residential site to open space. In concert with the attached single family residences envisioned in the original development scheme, the open space requirement reflected a suburban standard of 225 square feet per unit for ground level private open space plus 90 square feet of private open space in the form of a balcony. The urban scale project proposed within the City Place design reflects a lesser open space calculation relying on greater utilization of the larger open space on site, the commercial component and Santiago Park. The on- si te park is approximately .34 square feet, which in itself represents approximately 60 square feet per unit. The average private open spaces for the Courtyard units are 50 square feet; the Park units are 60 square feet; and the Lofts are 50 square feet. 758-23 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 7 Development Agreement The development agreement is a legal contract between the developer and the City defining the terms and nature of development. The term of the agreement is eight and one-half years. It establishes development intensity, density, permitted uses and standards for the term of the agreement. In exchange for the City vesting the standards and changing allowable intensity, the development agreement requires certain public benefits (Exhibit 7). The main points of the agreement as proposed by staff are: 1. Term: The term of the development agreement is 8~ years. 2. High Rise Residential: The developer is required to building residential, for-sale, high rise tower(s) developer does not proceed wi th such a proposal the approvals in this development agreement are vested. consider If the underlying 3 . Public Art: Public art amounting to is required. This is expected requirement of $272,500. .5% of construction valuation to amount to a public art 4. Inclusionary Housing Fee: An dwelling unit is required. generate $723,000. inclusionary housing fee of $3,000 per As 241 units are proposed, this would 5. Santiago Park Improvement Fee: The developer is required to pay the City a special fee of $1.64 per usable square foot of commercial and residential development to be used for capital improvements at Santiago Park. This is expected to amount to a fee of approximately $776,000. 6. In-Lieu Park Fee: The developer is required to pay the City an in- lieu park fee of $35.50 per square foot of required parkland dedication. This is expected to amount to a fee of approximately $1.79 million. This fee would be offset, or reduced by the Santiago Park Improvement Fee, resulting in a net in-lieu park fee of $1.01 million. 7. Black Box Theater: The developer is required to construct a "black box" theater. 758-24 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 8 8. Conditions, Covenants & Restrictions: The developer is required to prepare and record CC&Rs to cover the live/work units similar to those CC&Rs required of the Olson and Santiago Street live/work loft projects. These requirements limit the number of residents in each unit, require owner occupancy, and restrict commercial uses within the live/work units. Conditional Use Permit A conditional use permit has been requested to allow the live-work component of the project. Should Zoning Ordinance Amendment No. 2004-06 be approved, a conditional use permit will be required for any proposed live-work project within SD-59 zoning district. The live-work component is envisioned to create an urban element while providing a transition between the commercial uses and residential living. As the overall plan is proposed, the live-work component is encouraged to link the components and accentuate the District Center urban character. The live-work units have been designed in a manner that is harmonious in scale and character wi th existing and proposed development, contributes posi ti vely to the surrounding commercial and residential areas, has a net community benefit and enhances the quality of life by providing a development in keeping with the standards for live-work communities. The live-work units will front on and extend from Main Street along a curved private roadway to Memory Lane. Each unit will be approximately 1,496 to 1,771 square feet in size and has been designed in a loft style, three stories in height. The project has been designed to meet or exceed the development requirements for live-work communities within the city's downtown. Vesting Tentative Tract Map The proposed vesting tract map for this project satisfies two objectives. First, it subdivides the existing parcel into seven parcels suitable for development. The parcels created allow the development of the commercial and residential components of the mixed-use project. The second objective is to create condominium subdivisions for each housing type. The condominium subdivision is necessary to provide for- sale units. This encourages home ownership. 758-25 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 9 The vesting nature of the map ensures that the standards to be applied to the project will be those adopted with the approval of the map. The map is designed to be in compliance with the applicable development standards found in Chapter 34 and the Specific Development document. Site Plan Review Santa Ana Municipal code requires a review by Planning Commission of all plans within a specific development area to ensure the project is in conformity with the specific development standards. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development zone. The proposed project is in compliance with all applicable development standards including the General Plan, Municipal Code and the City Place Specific Development Plan (SD-59), as amended. Additionally, the proposal is in keeping with the surrounding area and will improve the desirability of investment in the City. Finally, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. The City Place development project will enhance and provide a positive improvement to the north Main Street districts through the development of a significant vacant parcel of land at Main Street and Memory Lane. The development of this site with high quality design, materials and finishes, the inclusion of a public art and plazas, and the creation of a physical and visual link along the Main Street commercial corridor and the Main Place Mall will help in energizing and strengthening this northern gateway area. The project will reinforce an active, vibrant urban lifestyle envisioned within the District Center designation of the General Plan. Additionally, the project will be of direct benefit to the community by providing additional housing and service opportunities in the City. The project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development project. 758-26 EIR No. 2004-01; ZOA NO. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 10 As a result, it is recommended that the Planning Commission recommend that the City Council certify Environmental Impact Report No. 2004-01, and approve Zoning Ordinance Amendment No. 2004-06, Development Agreement No. 2004-04, Conditional Use Permit No. 2004-28, Vesting Tentative Tract Map No. 2004-06 and Site Plan Review 2004-05 pursuant to the findings and conditions attached (Exhibits 8, 9, 10 and 11) . SK:JM sk\reports\City Place.l02504.pc 758-27 C j t Y o Ora 9 a ~. .\ ruLJl IL- LA VETA AV. Ii R1 R4 AV. <R4 ! I [jj A1 R1 R1 R1 R1 R1 R1 R1 R1 R1 ~ R1 R1 R1 A1 GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE C1.MD COMM. COMMERCIALJMUSEUM DISTRICT Me MILITARY OPERATIONS R4 SUBURBAN APARTMENTS C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL ESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFIC DEVELOPMENT C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNED SHOPPING CENTER PRO PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL A ZOA 04-6/EIR 04-1/DA 04-4 CUP 04-28/SPR 04-5NESTING TTM 04-6 ROBERT SISNO 2775 NORTH MAIN STREET A rff{' - = 500 FEET l' = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 758-28 N G AGE N C Y I- W W a: I- en .... .... <( ::; Lu U <( .... ~ <: <( ::; OFFICE MAIN PL. DR. A OFFICE RESTAURANT COMMERCIAL OFFICE >= == z o en ~ AND PARKING STRUCTURE COMMERCIAL ORANGE CITY LIMITS z cc ::E COMMERCIAL ------ SENIOR CARE FACILITY II PARK ~ - - _...... PARK SANTIAGO "'\ \ n OFFICE AND PARKING STRUCTURE ZOA 04-6/EIR 04-1/DA 04-4 CUP 04-28/SPR 04-5NESTING TIM 04-6 ROBERT BISNO 2775 NORTH MAIN STREET PLANNING AND BUILDING EXHIBIT 2 758-29 fA ${' AGE N C Y nllll'll" 1111 3111 S13:Jjl1I311f 11111 l,'llllhl 1'111 III! \ J 111 'I 11 <':1111111111 IOIIjllll11lj IJldlJilld 'u '1"'" J 'sor.iI I 11111 "1"1"" I ape N E11l11 j70/IH/O~ -l'lfilIV'JSnS NOI.L:)'If AtJ'lfNOI.13tJ:::>SIO - M31^3tJ N'lfld 311S 'lfINtJO::lIl'\f:::> ''lfN'If 'lflN'lfS 3N'lfl AtJOV\l3V\1 '1I133tJ1S NI'lfV\l lS3M 3:::>'lfld All:::> "' % .. <( !;{ o Cl z is -' 5 111 ~ a. f .~ h -~-- ~~ - 0 , , ~ o f- t) W ...., o a:: a. I 15 ~ ~ ~ z ~ z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \!. ~ u. ~ z 00 < g ~ ~ ~ ~ ~ ~ ; ~ ~ ~ 2 ~ ~ ~ ti w o ~ a:: a. Cl z 52 a:: <( a. -' <( i= z w o ii5 w a:: ~ < '" '" :> 00 " z ;z '" < 0- ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ Ih ~~ ~ ~<S.;~ ~ ~n ~; ~ ~ ~ ~ - ~~ i ~ J.l:1 ~ ~~~ ;~ i I~i i: ~ ~(; ~~~ t ~~ ~~:R ~ i\~ i~.~ i~ ' ~- ~~ ~ - ~ ~~ i~ I; ~ ~~ hi ~i ~ ~ jl; ~ II~~ ~~ 3 ~o~ 8e~~ ;~ g: ;u~ if " Nm~g~~~L~ ~ ~iQOl~ !;'~I~ ~~u:u:.u:u:u:~u: u:u:u:u:~~. ~~~i~~~~ ~i~~~ ....:...:'O-...:N~t;:; ~=~Nt;:; ;=-;=-;:::- zzz ,H~ ,,~ ~~~::J~~t1i t?:;;t;~~Lfi~ wwwwW::t< !;!;!;!;!;t::..~ <muooow ~~~~g~~g alallDlDGlGlall- ~ o i'j ~ '" 0- " Z ~ ;t ~ ~ '" iil " z ;z '" ;t ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ 6 ~- !" ~~ ~ ,,~ ~ di ~ u~ ~- ..LI' !;i :1:- ;! l~ i~~ ~" g~~ ~~-~ ~i~ ~! U~ ~~ ~ ~ ~ h~ h ~ ~I!i~ ,,~ ~ z i~ s" ~ I$~ H ::! ~ 5 8 !" .e "g : I~i ii ~ ;h ~i ~ ~ ~ ..,c ~~. ~ ~:iWI-:i! V}I-- if t- ~~~~~ ,m~sm 00 <' ~ w ~~_L:S ~ u,u)u.;~~> ~~.i~~~ g~gg~~ ~ ~ ~~ ~ I ~ . "I; ~ ~ ~ ~ $!I ~ ~~~~ ~~!~ a:::a::::E~ o~ ~~ ~~ @'uD:: ~Ww ~~~ ow' ~~~ ~~~ ww~ ~ I ~ ~ ~ ~ :> 0 i'j ~ if ~ " ~ Z ~ ~ ;t ~ ~ '" w z iil ~ ~ " ~ Z ~ ~ ;Z ~ ~ ~ '" ~ ~ ;t ;; ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~~ ~~ ~~ ~~ ~ ~~ ~8 ~8 .~ ~11 8 ~ 8 11 11 ~~ ~2 ~~ ~n~ n~ o~ ~~ ;:~ ;:~ ;:~ ii:~ ii:~ i:~ ~ ii:~ ~ ~ ~ ~ ~ ~ ~ ~ Ii d d ~~ d ~i ~hi t;~ ~~ I/) I/) I/) I/) I/) I/) I/) I/) W W W W W W W W >- >- >- >- >- >- >- >- '" '" '" '" '" '" '" J: J: J: J: J: J: Z J: :> :> ;; ;; :> :> :> :> ~ N ')' ~ ')' ,. '" <( " <II <II '" '" I/) I/) W W ::; ::; 0 0 J: ~ J: Z Z <( <II U C W ;: U. ;: ci ~ ci ci ci 0 g 0 l- I- 9 9 c c ')' '" -' -' ri. <II <II <II <II <II 0.. ri. ~ <( ::!; ::!; ~ ~ 5 ~~ ~ t) u:: ~ gd~ :5 t) >- t) ~ i a. ~ a ~~ t) o ~ o ~~ ~ g~ z o i= t) => a:: f- Ul Z o t) ~m ~~I ~ ;; ~ ~ ~ t. < ~ ~ ~ :~ ~~ i OJ ~mm~~ H~mm miiiW ..-..."'....~~:f:::'" ~ I ~ Cl z is -' 5 111 M Q. i ~ 'Ii l~ 'i ~~ !! i _..~~~.~. mH~l.!.! WUlih mmm _-allJll~>s5; 00 w U ~ Z < > N~ ~ 0 Cl 00 z w is u 00 ~ w -' ~ u 5 ~ ~~ 111 <z ~ 0-< ~ ~ ~;:::: Q. u ~~ ~ ww ~ 0-0- ~~ n: ;!:iii "" ww zz ~~ xX 99 ~~ ~~~ 55 ~~~ woo ww ~~ ~~~ ~~~ tiitii ~ ;/;/ ~~~ ~~~ ~~ ~~ ~~~ i:~~ ~ << 0-0- ~oo ~~~ ~~~ ww w "" IDa 'i:ao ! ~~~ u~~ ~5S ~~~ 0:::55 <~~ <~~ ~ <~~ ~ www w ~~~ ~ ~~~ ~~~ ~ 00 ;; ~ ~ < l'l 8 ~ 12 ~ ~ g ~ < , u ~ ~ ~ w w ~ 000000 ~~~ ~~~ ::i::i::; [i[iiLi uuu 000 ~zttt ~~~~~ Iii ~~~~~ ! !~~~~ ~ 8~gg8 u uo~~it ~~ << ww ~~ ~~ ~~ 00 woo ~ ~~ ~ ~~ ::; ::;::i ~ ~~ ~ ~~ ~ ~~ '" ~~ o 00 z zz < << ~ !5~ ~ ~~ ~ Q!i13:il a:l U W www w w ~ ~~~ ~ ~ ... ........... .... ~ ~~~ ~ ~ Vl VJVIVI VI VI ~ ~~~ ~ ~ ~ ?i~~ ~ ~ ::; ::;::;::i ::; ::; ~ ~~~ ~ ~ ~ ~~~ ~ ~ ~ ~~~ ~ ~ a: a: a:: a: .... ... ~ ~~~ ~ ~ ~ ~~~ ~8 ~ ~ ~~~ ~ ~ ogS~o~a!~8q~E~::~~~~~~~~~N q~a ~~~<~~~~~~~~~~~~~~~~~~~~~ ~~< Vlf/l VlVl f/lVl gg~ ggVJ gS~ lfl~<QVI<<~f/l<<Qf/l ~~~~~~~~~~~~~ ..(..(<..(mmmdaouuoo ~~~~~~~~~~~~~~ W:l:l~:l====~:l:l~:l !::::)='~:J:J~:J~~:J:J~:J VlIDIDa:lIDCDa:la:lCDa:lCDCDmlD z >~ z a::~ ~ i;; 00 (/)~(I)~ x ~ ~~~~ ~ i ~~~~ ~ ~ ~ x ,J ~ ~t;5 ~ ~~ f- ow UJ g:~ ~ 8;; C/) ~~ ~~~~~~N~~gM~~~.~~~~~~~ <<<<<<<<<<<<<<<<<<<<~~ ";"":1""'- uuuu ZOA 04-6/EIR 04-1/DA 04-4 CUP 04-281SPR 05-5 7S~~ 04-6 f ! I ! dJ , '. ill}1 !:~H . I h ~I ,~~ 1= 'thl i:~,;g i.~m~11 ~.;".".~., ~HHH~ I ; ~ ~ ! ~ o m I.'i 0_"".<'1 ...<"i,...;...ooi ~~~"'< o8~ ..,:.. <<< ~~ ~~~(I) ........ zr........~ ~~~~~~~ oowwwww CiC>CiCiCiC>C) zzzzzzz 9999999 5555555 mltlallma:lCDm f- e.:> ~~ f-~ w<( ~c.. f-W ~(/) zc.. W<( f-~ Iii w 0.. ~ CI z 15 ...J 5u m<( ~oo tIl~ .........-. ut::z ';" ~ ~~__L ~ '" lllN :>: 0:: 0:( ::ii: cij ~ i;'j i.. cna:=>~ UJ <(;;! iii !::: ~ b i1'i cntllf-O I~ { !~ J 1 ~.)I ~ In l~ ~ hi I I ~ L H UH I Ii if Mi. z~.~ .!B -I tl ~iii ~~ t k Ii it iiP I!; 'II'~ ~ut ,~ 11 J Ii or) ~ ,.,: s! "J . 1; ~ I ~ ~ un Ii ~ J ~j~ I H ~;,;~zl;h ~ II. a! B ! lit ~ J-. II k' ~l ~ it !!t t HI l!!u~'I!hj (j) N'" ..s aci ...:": C ...: < ~ I ill B Ii ; Ii! Ht ~ .. ih ~ Ie 11 i;i ~ ~.IH I i! H I h ~ JIll U ~ HI H ~ Ii ! t! Ii iii <ti o .; c co :s I ~ " l ;f III ~ III ~" ..,,, ~E U d::5 ~:5 M , e: :>: 0:: 0:( ::ii: cij ~ i;'j i.. cna:=>~ UJ <(;;! iii ~Wf-Z - t:: ow tIlf-O p ~::i "13 ~cD ==I[TIq .. 0 I <: ~ tIl W 0.. ~ CI z 15 ...J 5u ~<( -00 tilt:: f-Z z=> =>.. ON ....N o I- ...I .... cn< en Wz w ~; i ... < W:;a.. u< ~ u 0 <1- I- ....~u -.,,< U en Z < DI: I- B- - 11- ! . i33lilsNlvw. . ~ --- ~ !! --.....--------n-L-'---,..,,-;-T___-___~-....~-------..:....:=...------"-4-.,.-~~--"'--- .''l.~~'!::~~~-----!i- --J_L- "" .~ I --... 758-31 r --... \ - 0- . ~ EJ I~ ...J 2 w< Uu <.. ...J! 0.< ~~ - CI) U .. .. CIJ ... f- I- -&3 W . f- . - V)'iiGx V) :. ~ ~ V) 18::f W . [::l ~ ~ 0 ~ (.:) . ~ O! ~ ~ · 00 .... C ;;;l 0. . ~ . ..l . '-l ~ 3 -----' '-- ----- / \ ./ L AYMNClSMYl ~.~ ~ ~rl:'~ ~~.I:~~~ ~ . LfrlFf ~ I I :3:>- . .J(. 'Y:" '. ~ RI) : JT II !:HfLC:bd 11TI. ~ QIo- ) : ~~ . _ _ '~.= ~~ D . . .. ... ....,' I- . TT' - . ... :. . --.... '" .1- '- . . l. -. - i ~~ '. .. . . I - . " ~ - iz!::!'!j':L : i __ fJ.. ...... ~ , ~ r T. II ~ :. i ( ~~ I . I I T""t]) ...... :. I .~. . . I I ." rl~' ~IC " '~i ~ ~ ~ \,'l::J.'~ ID _------------- =2; ~ \ - ~ ,:icJ! ~ - I 1 IJIl' ~ - -. . ~~~. . ~. . . :; . ..~ . . -i:~'~i~~\l111I .:~~:~ -- .... , ... :.~ . Lj- U~, ,~. LH:L~I'~' ''1m . I1J ~ . ~ r1 ~I I " " UJ I I HilfT1l i. ~ I- ~ ~ ~ If ~ @I N1'1i1 Hi .... IE t ~ ,---..011: :(ie ~. UJUJUJ ""'" ~ ~~ \ t ~ ~."'~ _= r1 tt1 Him LlliJ--H UJ U-tt I) i ~ \E~ I- It _ ~ 1tt1tt1H1Hi.~... I ~ E " I . i \.' ~ . .tIll I I I , . J J+.U.l...I PI.... !f ~ ..1 ,'= ""'" i"mmtl t : .EBJ i ~ "". . ,TT1T,' " ,,~' .: ! ~ .:( t:J (!!TIllrrmmr. ~y h I' ~ f II; ~ ~~ - T ~~ icU; o , , , , , ., '" gi .,'" ~ .1. .~ 1PT' - - :Ir.- '\ . - ~ L~ - ~-- - ~ --~ tj ~IW v ~ ;i; ]" ~,. i>U; ~i .,'" 0,..'", 0 .- ~ 133111S NI'IW """ ~o ---- ---- -----.... ..-- \ ~ t: ; ~ - o e --.. \ ~ I z ~G o lil"!g ~ i Ii ~ I~ · 1~ ~ \J .' . '\ l! ~ 4 ~ r- I I I L_ , I I , I I -1-1 , I I I I I I I I I I I ~ r---., r---, r---., I 1 I I I I r---, r---, I I I I ====='11 " " , I , I , -------t--- I I , I -------t- I I I I I I I --t---- I I I I I I --r----l- , I I I , I I I , I I I " " " " " =====~ " " Ii :: " " " II' " =====~ " U :J =====~ " " :: :: IF- " " :1 Ul .& ~ ~~, 8 . cc(".J& <$) ~ ! ! o. 8 i ~ ~ I ~G $2 If "I~ < ! ~ ~ I~ i Jl \5 if '\ " ~ 5 I I , , I [ --.--r- 1 I , -I , 1 I , _L , I , I , -t- , I , I I' I' , 1 I'~ U [' i I ~ 1 ~ l~ i i ~ .! ~ ~ I i h J } ~ I~ 3 H~I~ _~l I!~!I I. -I -I Illlq I' In' e. e. .::_2~ ~;~ I" I 1..1,,1.., I I' I'" I' i I ' i i 0 i' , ~,l, 0 < I, - t i~ hili ~ i illl Ii Ii ~ ~ ~~~ I., I ", 1,,1 "I .;.'" ii, lilli" I L ~ j 17 ~ ~ ... I ---1!""------nr---1! :1 -:::: II II II II II II II II:: :: " " " ==f " II lit II tL____~-- n ------1 --::8 , I , I , -+--- I I ! ~ . 3 :f ~ In ; II! i I , -- --~ I -- -- IT " " =~ - - - - - ---+- -- I ii I I ==j , I I 1 , , I [ -.....-------- I-- I I , , I I , -+------- , I , I " , .J L___...J , I I I I L___...J L___J CJ]1 -, , , , _J -, , , , _J ~ ! a ~ ~ ~ i z ~G _ 1iI"~ ~ i I~ 1:: J I~ 1~ I: I -< f \J " ~ " ~ ~ 6 I , I , -L , I , I , -t- , I , , I I _ -'-- L 1 I , , -11- , , I I , , I I , , ,I, ,I, ~ t I K I < · ., i i!;i[!~ ~pnu -L , , I I , , , i. ~ IHI I . I. ! !l~l ,n. J~' I ~ ! \1!~IIi"!11 !;i I!~~ ~ ~~ I. I" I ... I , u -t- , I , I m -I , l I , -Ll , , 1 I I --+--1-- I I , I I I I I ~ 4 I" I ... I , I III)!I I. iI ,i! ~~~ ~ I>~. I .. 1 ... I I r---, " I , I I I , I I T----- r---"1 I I -, I I I _.J -, , , , _.J -1 , , _.J -, I : _.J ==11 I " I :: ==r---~- " I " :: " =+==~ -, I , I , I i- I I I I I I t~! j; . f ~ :! ; ~ i I I --1---- I I I -----L--n--~ ----- ------ n II III II II II II ~+- " " " " " =====~ " " " " " ~"*- " :: " " =====~ :1 Ii =====~ " " 1: II =====r II 11 II II ======,J! I ~ ! g, ~ ; w l ~E]l z ~ tl N R"~ :iin I I~ ld ~ I < i ~ "- . " " ~ 7 CJ]1 I I \. u -t- ~-- I I I I I m -t-- I I I I I ~ -Ll I I 1 I I c -~~ I I I. I I I I I I I I I ! I I I I I 'e' U " H.~ - ~ I~: I ~g ~ ill i I~ I .. :l < r f to \S " . " II ~ 8 $ ~ I I I ! , I -+-~--~ ~j- i r--- I I i I I I I 4 ~~ ~~: .. i N ~ .. ~ ...I ;;: I;; a: o !j ~i ~ ! ; i I! ~ 1~ f ~ \5 " . ~ " ~ 9 Ip ',1 I Ii I I I I .--1 I " I II I I I " I I II '.J I Uj~~ ., " " " I ., I ~ I, I II I I I ~}~~ , ,." ",11)-,1 ! , g; =W===lF===~ II II II II 11 If II II II II II II II II II II II It Ul ~i:. ~ ; z a ======" --'1- " ======. " ======~ " ======H " " ;=====. " ======~ " " I ======~ ::;::;;:=~ - " ======~ " " ======tt " " ======~ :z i ======~ ~ . ------ll ~ ------11 u.. .. ---ti~; . ~ ~ i ~g - ~ i JI J II ~ j~ f (j ;i "" .;: ~ 10 N i ~G 'IF== ===If== -- I ~ N ill < :: II !-- =;=ft ~ II II II III ~ II II II II II II II 11 II II II i , " a: , !~ I I l;;l III I f ~ , I , 1 I -t---- , I I ,^ -'\-- \ \ , , "" 1 ,/'/ -- ../ ------- I \5 .' ~ '\ :;; ~ ~ 11 I I I :;; ~; I I I , , , I I , I i ~ ~ ~ h 9; ~ a I I I ~; Ul , a M x ~~ M R"~ N If liS . ! ~ < is i:l i d I 1"" III .. i ~ (j .- . 'l: .'l ~ 12 $ I !~ 0 ~ ("t') ill r--- -, r---__, I < Q. ~ I ... ---~ ~ I < a: I~ I ------- I I ------- u 1~ i I: < ~ '" ~ $. I'f-----= " " " " " ~====== " " " " " ~====== --#-- :: " I --r-- I I I I I I I I -r--t- $ r--- , r~~~__, I ---~ I I I I I ! i "', ----!------1---~- I I I I ------- _nn_-+< " :: Ii ======:jj " " " 1: ======~ " " " =.dL <jV <jV ~ :::.: lh N ~ ! ~ .- . '\ <; ~ ~ ~ In (J 13 , I m --+- I , I , I I " -i- , , I I, jll< I i I 11 (' ~' ~'! i lllli'l 'ili' IIn 'lli' f r. . l . I I: " ~,i= , ~.:=. ~_9; ~~ ~~ I "I ... I" 1 ", I z~. I -----] ----- , , : " , , , -~ , , I " " " ====w i I ~ ' i, i ~ I _ _ ===.:'=3L . " " " , " I :: ---___.l.I ------1'1 , " " " !i I ------ I " " - 1 -+ I __m_ll ------1"/ " , " " Iii , ======'il I " i1 ::::====~ .1 z I ~ ' S ~ : z l ~ ~ x ~G R "I!! ~ ill e:: I I~ I 1~ u ~ f .... ;;: Iii a: (J " . " " . ,;; 14 I I" , 'S I I; - -'---- " ~ I I , , ~ -t- ;; I I N -t-i , , I , I , , , I I I , , I, ,I, I ~ I "-I ! 'I ~'~ I ' ~ ~ '~; I, Oi ~!~~!' Ui I "I ~ I.:, 1..1 .., I M ~ Ul j I ~l ;~ ~~ I H I I I I I , , I u -r , . I , I , m -+-- , I , , I~ il~ ~ 11 i i I ~ I ! ~ ~l: 'I ~'~ I I'! 'I i !!;i ! i ~ ~ ~ ,I: :1: :I~ ;~ ~I~ 'ill, s; ~ ~ ~lli~ ~ g~ I "I ... '';' I" I "" I _ . I ===f=~=======1f======~ II II II II I 11 II II II II II It It III H II II I , -1------- , -f-------i- i ' , I ! i : : I ' : : -+------f- :';J__ 1 ,! ! , / J I ,n I' /,' " I '-..J/ -~---J-l/- i ,/' // v / /, ~, ///' v/ i ~/ ,j I 1 -~-----H- " " " i! I ======1: , " I ======~ , " ~ : " -=----_+i __ ~ ~! ~ ~ a; ~ ~ ! L i'" ' 5 ' ~ ~ ~ > !l! ~ cr x ~G N 1iI"~ M lIS lei . ! ~ < is '" 0: ... J I~ I 1~ j ~ (j " ~ " " . ~ 15 i I I I ! 1 ! _ I i I I I I ! I I ~ -j-- m i! !!! I I I I I I I I I ~ 4 H~ I m I 1- I I I I ! i I J-_I I I 1- - ! ii' - ~ ~ H~ z ~G M R"~ ; ~ i Ii I 11~ u ... f I: o .' . " 'l . c:; 16 I ~8 0 ..~ ~ ~ ill Q. < > !:1 ~ I a: I~ NYld dCJl I Q 1~ f .. to '10:) w $ .& i~ ~ I ! " . a; co I 100 (J -' . " " ~ 17 r'fw I'lL ~, I t ~- I ~ I I I ! ! ! i · i , , iii I I , , , I II trm1 e 'ti I I, , I 1"1 , I ~ ~!. I I I ij" ~. , I ' ~ ! II I I , I , I , I , I ;-------1 ;-------1' ;-------1 ~ -------t< " , " I ======~ , " I ======~ I Ii I I ======~ " , " " nnn.. z o " ~ , i ~ , f ~ if ~ ~ , ~ i ~" i!5 ~ w, ~~ -- z ~ ~ ' a ~ ; z i ~ ~ -' ;;: t:i a: z ~~ _ iii ~ ~ If 11'5 . ! !l: < - ~ I Ii ~ j~ i (j if '\ " ~ 18 " ~ . , ~ I ~ I In !r~ - I t I --i I i i _J I -j I j i =~ I I I _J ! ~ ~! ~ w ill ~ ~;) ( ~; 01 5 01 ~cn I t> N ..~ ~ ~'r ~ < ! i ~ I d a: I 1~ Q .. i .. \5 " - "\ " ~ 19 ~ ;; ;; , I , , I --+- - ! Iii i I' " , I I I I j I I I I , I I I I ! ! I I I t f ~ x ;UJ: 1.,1,1, ~ I; ~'-r._._._~..... 0,"' I ~G M ..!!! ~ ~.r < ~ ; ~ ~ I Ii II I II a; , , , 1~ I Q f ~ , I , I I , ii 1 - ~ , . ~ ~ , , , I I I i i i j ~! !! fu fu ~ i; II I , , , III I I I I ~ , , , I I I i ii' ~! L !UI~ ii,; ~ ,- ~ ~ R.:l' ill i ~.. t." ~ I 1 I I I ..I!I ; !:fulli z o !rl ! 0 c: ~ ~ h ~; :> , !Ill :. .. \S " ~ " .'! ~ 20 @-- " @-- $ @-- @-- @-- e '$ I I I , I , r- I I I I L_' l-----l--L-------j- [- Iii i i i~ i i i i L' i i i i i- Iii i i L_ t-----t--+----------+- , Iii i i , , r- L_ i ~-----~--~-------j- , I , I r- i i i i L_' ~-----~--~-------j- [~i i i i i r- i i i i L_' i i i i r- I I , I I L_ ~@ , @ @ 4 " d " " " " , " Q :: " :: R " " " " " " " I D " :: " " R " :1 I ti " I $ "; b,~l <1V f ~ !i! ' i: " I 111 G 0 .It'! an i Ii < ~ I! I ... 1~ f ~ u " ~ " .:; ~ 21 , , , I I I , , , @- J J- -1 , , , I I I , , , I I I , , , I I I , , , I I I , , , @- 1 -1- --i-- , , , I I I , , ., , I I ~ I ~ al , , , @- __l__L I I I ---------r---- I I I , , , I I I , , , I I I , , , I I I , , , @- ~ -+- --1- , , , I I I , , , I I I , , , ~ @-, - ~ : " ,I 8 . cl)~ , ~ I ~ cl) c1 0 .' . " j 22 ""IL~St __ _ _ n_ n~ ., ~ ~ '" I I @-, I ~~ I ~ i I:~z ~ " ! I~ 1 j~ I '" ... f , I " I ! I il i i Ii i ~ ~ ~ I"' I.. I I 1-, I I : I I j I I I 1-1 I I_J -t I '-l I I-~ I I I 1-1 I I I I 1-" -, I I I I I j -r I , I I. I , I I I -t I 1-; I I i -~ I I I I I 1_-, I I ! I 1_...J -t -i I I 1 I _J , I 1-1 I _J -, I I I I -~ ~ ! 3 :f . ~ ; !i! a Ul ~ ~ , Ei ~ .. a f 3 ~ ;;: In ; ~ I I ~g N ill Lf) < J I~ j~ I ... f (; " ~ '\ .lJ ~ 23 ~I ~ II II ,,--- II II I Q I II II II II i q I II II II II I n II II II ,,--- , II II I' -- II - II II ti II II II II ti II II II II II I Q II , -- I :: II I b II II II II i _h . i i Hi III I i' I 11- , - , Ii" ~' i :: ~ 1~ ! I " , " , ~~!l ~ ~~! ~ e ~ ; ~ I ~g M If 15 ~ ; i I I~ ~ 1~ ... ~ f (; .- ~ '\ ~ 'il :; 24 ~ , l L- ,I, ~ , i , l L- ~ I H::JL l. !' ., I, " .. ! f :ll ~ ~ 9 · 5. m' 1 f ~ , . ~ I I i .. . ! ; ill a ~ .. > ~ ~ tu a: x ~~ ~ R"I!! ~ ill j II f j~ I ... f (; ~- ~ '\ .lJ ~ '-1 25 ~ I x I- u ~~ Z ~ -' z" ~ .... '" c:I:E ~ Q x ~::> -II. UJ >-1>:: 11I0 ~ Q z ot; "..I r ~ ~ <C "' 90.1.1:6 YINIIO...,y:) 'YNY Y.lNYS . Zz a.. ~ , ~ ~ . > 0 (j "' 5.1.:101 aH~ :a::n"d A.1I~ I u t- o II i i I d VI en <( Z ~ a:: I II I 0 LL IdSI! Is ---I ..lit Ii 0 <( '-' I ,- - il I, ..I <( "I ill " ;s I J L z I II I SI fi I i :I l J ;I!!n II III <( !11~u II! II~IU I 11111 II ~3i1 <( ~ rh!ll III lmi I iIU~~ 1I -Ii;!! II :z: i 1m l- e z ~ " I t- <( III: (/) Ci ~. I t; s S" l II 1;ln I .. Id; .., .Iun II i ma i II. ~ 1m I. III j A. ~ - U L 758-55 -.J 26 ~ I x I- u ~~ z t N -' z" Q '" c:I:E .. x ~::> -II. :z: . UJ >-~ :19 III Q z 0>- r ~ <C 90.1.1:6 YINIIO...,Y:J 'YNY Y.lNYS . z~ A.. III: , ~ ~ "' 0 (j .. > u " ~ "' 5.1:101 aH.1 :a~Y1d A.1I~ I t- o , i u II i i I d VI t: a:n:ll!I~1 UIUIUlufl' 9 g! !!mm m!!!!!!U ~ mill!! I!!!!!!!!!! IJi mmll !!!!!!lllll Ii! ml~ In >C mnm mmll!ll .. m!! ... .. ,I'! unnn U~~~~~~~~~ m ~ m; i;iliill iiioiiihil !II 11m Iii il! IIi!! 101' 1I111111!!IIIIII!!!!! !!II! ~~~ .. I ~!U! !!!!!!!! i i!!!!!!!!!!! ~II m .. m,; .. Z ;18 II';; I. t: t:':!:: ~!::! !2;;; lOll !:::e':!: ... . " . :::l:l:l:l':l':lllllllllllll::!::!::!::!llll::!# ;::l: :::u '" ~~!l ,I I~!' I " ! I I I! ! iill ii d. ~ i! " I! I!Ini II ui i IIIII11 II ilIllll! III t IIIII il III il !'~i" Ii i.! h 'i I " i '" ~ l! IIMlli in! Ii Ii II Ii ! il ~ :'1 iall1!1 .'i, II ~. '-I' II, .. li'l I!IIII I',II;I'! illiPI !! III I ii~ hi... ~ i 8... = I;! !e ~ II . ! ~i ii !!! ! II! llll 1 1 II! !! ,! i! '! I II j o! !. ~ I ! ! . II! i ~ i! I ~ I ~ III I I ! ! ;. !I ! ~ ! ! ~ I k) Iii IIII III :et~ ~~.diU<ll~~.~~ . ." ~ ~ ~~ I ! ~ ;; ~. i-~ i ~ ~ ~ ~~ ~ I~ i ~e~ ~ I~!~~i~ fl~~ I as ~~ ! ~ ~i~ii ~~:~I*li;!j~~1 ~I~~;I~~I i~~m~~~;~~ ~~!il~~ I!~ ii ~illl~t;!~!~ .~g~~~I~!~a~ g ~~~~~~~!. "~~.~~..~~ ~~~~~~~ ~g~ ~~ ..ii~i~II~;i . ~ ~ i! Ii ~ . 8 ~ ~ ~ ~~~ ~ la! ~I;!~I~~~ !i :1~liiil~li!~ !~ I", ~~~3~3~~~ Ii ~Ii'ili~i~~ii i: 0.11 lea";' .....~ .~llill~ ~~i~ !llm~ !I~ ~ .Iii~~~ ~ ~; ~Ii.i~~:.~i~!!g ~~i'~!;f~!.~ I i~~~~':~ i~ .; .~~~gg ~ .~!~~ ~.~~~~..<~ ~ d ~~~~i~.~ ;1 ~~ i I~ I Iii ~ I ~I IS I ~~! ~r~l! il. I ~ II~j !lli~~~ ~! ,! !~~; illl~ i~ I!ii ;~~~~!~j';i 11'1 :~~~ ~ ~ ~~~ ~~ ~~ ~f~~ ~t~~ ~$ ~!~~ ~~I~~~I~~ ~ g~~i n ~ ~I m"1 ~~i~;ii~~~ I I~- - - i~~I~:!~~: ~~!I~ ! ~2~~1 Ii il ~~~ ~~~~.~ ~ ~i~ i ~..Ji ~3 ;~ ! ^ ~ t ;~ia~. ~~inl : .~~~~~!"~~~ ~~~, o ~~~;~~~g~~~ ~~~~ .. C > .. .. . . C I I ! g m ~ ~ -I. ~~~ i I ;~~~i ~ ; ;i~lli!I~II~11 ~~~ g ~~~~~ ~ ~ o~.~a~!~!i~~~~ L 758-56 . ! I I !. -! . I! iI ! g . I- II II I' 11 c 'f !. . q II t- ,- I ! . .mi! II c il Ii , l limn Ii .. Ii Ii .!. .. .. iI d II u I .. I .. 0 Ill! I 0: I I .. "! .. o .. .. .. .. !! . .. .. c z c .. t- .. .. .. .. 0: .. Z o z o .. c u o .. .. c . .. .. z u > -.J 27 ~ I I x . I- IllYiIi Iii u ~ z ; ~ -' Zll 10;'1 ~ C"') '" i @il3 >- ~ Q c:I:E ~j x u..~ -II. ell < . UJ I :19 ~ Q z 6>- !Diilll ~II. ~ 0 <C "' ! liO.L1:6 YINllo..nY:J 'YNY Y~NYS . z~ all ~ . ~ s > 0 (j IIII! .. "' 5.1:101 aH.1 :a~Y1d A.1I~ I i u , aj!! . . . . t- o Illilg is; II VlooC . i i I . i '\ \ r \ , \ , \ '\ ~ \ " \ .. \ , \ , ,\ , \ \ I 1\ \ \ ~ " I I i I , II I I , I I' I I , I ! ---"'-------~------_+{=---------"'---------""'---------"'---------..,.---------""--------""'-__~-L-- I J i f (I 'ill I II - I . , I II i II I I flL ill'; :!H j If I 'It ~ Ilr 1" Illhll) i II t 1111 : 1111 i hi Ihl I I If ~ ~ ~ !d I Ii :t it I ilt II Ii t ! ~ t lr II II q iI 1- 11 Q.I If HIr i H~ I~::H Ii II i~11 : if t~ h h h t! i~ ill!i II! hjfl Ii fl! NH' I, J . if! I > ,J . I_ ! i ' I~ i It'j f' ii'f~ I(ht, jl;uf f. If r ~ ~U I il ~I !~ ~i It. !a !l (\! I ~ ull~llfl i II ~ Up.j 'j' !! I~ ilJ ! IJ !l f Hi iH f~~ f:g f!i ;~i ~ 1~:Ht.I~I'1 !~;tlf i~l:~h mlH d! ~:! ~l! !. . ,.' . ~ .',,, ~ ~I.l ! ;1> ~h III (!I z a ... 5 III . . .. (!I z a ... 5 III L ,758-57 -' -' '" 3: z o F '" 0: '" a. w VJ ~i5 '0: N", I .. . ~ .le;- ~ ~ ~ A. 1&1 l- i -.J 28 ,- ! x u -' '" x UJ z "' > "' t- VI ~ ~ COCO""'(f')oq-C"")(f')"'It ::;; ::) en I- Z ::) <~~:!~~:;:~ I I- l!S~ z ~ Zll c:I:E Q "-ii! -II. :tj . :19 . ~ 15t; a ~ <C Zz all ~II. , ~ ~ 0 (j u d~~ 0 II H ~ d i 011I 90.1.1:6 YINIIO..I'Y:J 'YNY Y.lNYS . 5.1.:101 aH.1 :a~Y1d A.1I~ I ~ Z :3 ... ... '" Cll .. II ... N ..J " " " c( ..J 0 ..J ~ l5 ~ (f')"'It"'ltN__..-NN..... g ........ I- 0 0 >- >- >- >- U l- I- >- W Z Z Z .... I I I I I I I I I , , 0 ::) ,-NM "'ltLO co,.... coo> ::) ~N ::) a: c( mmmmmmmmm m 00 0 Do . -------~ , \ \ \ \ \ \ I \ \ \ \ 1 \ II Ii \ '\1 \ \ \ \ 1\ 1 I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ '\ \\ \ , \ \ \ , \ \ \ "- \ ' J I t I 1\1 '\ I !\ I Ij ! 1 I I i I i I I i I , ' I I I I : 'll : Ii ~ 1--1l__ I -1------ I I I I I I I I I I I I -I.J I I I I I I I I I I I I I I I I I I I I I .L______ is ... 5 II L 758-58 .. ;! !l I; a ;! f !l ~ j A. III ~ ;; -.J 29 :t ... -' .. :t W z. ~ . w ~ 1Il..c ~ ~ - , L- ~ ~ / . ;~ - " 'i 2 ~I I~ ~:;I IE . a IIV"1< IiCUZ6 YlNIIOdInw "wIlY YUIYS 8.1:10' a1H.L :a1:>>",tI AJ.I:>> I ~I L- ~ 'T ~ c ~1 ======. r:J:P @ '- IJ. JJ.. I 1\]'1 ~ c_______).W fW, ~ _ ~ I ~tr -'" ! IE :-{) == ,-------- ------------------ l,J1~ / -, ~ I I I~- ~ - \-__---------::::_ II ,j . ~ ~I T 01 1 ~ ::; . ~ (~ , ~ ,.\(H........~ ~I~ -4- .1 ~ ..~ ~ j I 11I'-,-,-,-, ~';< ,/'//1 ' T ~ boo ~l +-1' ~ ~I~ ~ ~ ~ J , " l' ~ ~ L- ~ -- - -- , ".1, ' ,1'" " '..,~ ~ ---- :><:::=---- " II II . . <~ 111 T II Ilt<rJ"-..t.liI. I II II 1/ II 'iT ~~QJ~DI/ \i ~ ro;: · "5<( ~ c ~ 1 . I ~ II!I , [III]I IT ~ 1 I...~ " ~ '-'... _v II l!I ~ i :c- ; I I. ~ ~ ~ I ~I.I ~l . =. :'~:-~:.:I$L....~., I. ~ S.llt :'I,' j' '.~ =:J::lY1d .u.1~ l ~ I&. .. II I I . I 1 ... ~ .. - .. I! " ~ i ~ 'I&. I 11. i) I · .~ il'. -'Iinln 11 ill; . ,I&. a~ Jnff:lmr~-::"- .-- 8iI00l+\ . . ;. t! " ..N I iii 11;11 I ., iii ; !I:ci J ~iI-{ .. J. L .- n .- ----~ -. · il It I Ii! " Ut' r l' T -- - = . --~ :-.- 9 e i= i. ~!I t t I ' I&. !t!lql Ie. -, I ! ' I ~.I !I!I}II~}J ?- ! it [g. f~: _ ~~, .... , \;~-- ~~ 4C;; " , "- ~-, ,. I~... - -.... -~.---- ----- .., ~ .. . 9 II.. ...-.. ... AI! I i i...m I: E ( .r. u~~.+ '_ {::L.;.... ! .m ~,;.i lo,1 '" 'F-, .. & . ~ a z 8 II - . r'". ! l-~~'~ cc...~':~r-="~-on .. Inil ij l ! I; I I ., " ! ~~=~~'C!fT~ . . 'I II lit 1'.ItI.It.. ._...... II. t '=lr1t :illld~II!II"1 .~;;~~: !!!! t 0> a'l , , II .1 !'iJ~'i~i;), _ '1___ _______J1.~.............--+.:!:~.=__--e~.-li::='".!..--....-~.....J:---:'-!::~=.::::::.:= I .~ . ,,' ~:t;' ! I' I ~Ht1IUI. " ..n 1D III d Ii III 1111;11 & ~ II 11,1 i nnl In I, I 0 .i~fT111rrn~TJ]J1J! i rlUU~UJjJUJllJGl~=,~= 3Q ~ .' % .' V .; II :; i '" !' . % !- . .!I LLl ..t~ z .. > .. :1 ~> I ,.. ..~,....~.'. " ,- 'fI ~ -....--- A 'qY ~_________________________ II.. ~ L-- I ~ ~ 1;;:1 m IElcJ" -----4} '-1 -= rnfl;;---i'~~ ~ T ~ oT-'J' 11" ~ ~ . .1 rJJ ~ ~ ~ , , ~ '1l ~~ I ~l / - / m ------_.:.._~---- 1 . - , - I ~, , ~ , I I T I ~ )O~.Y':ilt1 -l-cfT 0 --1 , " / J ~ , , ""~,,, / / L-- if " ~ ' , ~-----4} ~ / ~ / , r II 11/1.1 / ',,< r~~ .- . U II .' ~ Iii ~ ~ ~ T ~ T ~ ,,/U ',I , / /1"', _/ - ---- ,// " , " I T II - -- - - - / ~ T (0 ~ d tJieX2 ~ t ;:L " .- Ii r ~ 0 ii ~ L-- 1 " ~ m " J.iTl 1 :: ~ . . - . ~ ~ ~ J 0f 'AJI 1 - , Tl 1 1 . 'I... --yu I : - < : I" -.- ~ ;; ~ I: il~ el ' Ii I ,:::!iIi aI!' I'" "lS , ~ . a i-V1 <: I C I[ , . ! 'I N ~!II t" , ,/II 0 !:3 !2 ' I ~ ~I~' . .. 41;' ;: 1,61 !!'- . r"'.r- ~ .~v-,,~ . & ~.6I :w, _': n~. ~ :3:Jw-Id ill:> . I:... 1"011, ill.i "" -, ! ,1 ',~cc,~c,,'~ "===c~"'l ;! ~I! -'i\.it!1 ' 1~'III!i,_ , ,~~.c-c- i ,~ i ~ ,:ift=--!-;itk-=~-"cL=:i;:~== :=,,- rtl II I c~ I Ihi :t' Ji 8, UOOI . ~ __ ..,. I :: II ".. .." I Ii r r III1 I, 7 ! I IrH~ftt1 ~ -f-1--'=-'cc -c. == - ~_C:-I, 2 IIIIH! Iii i i : ], ::r el Ii' I' g!r l . i I .. III( (Ie. , · ! , 5 ~.. !t!!}II~::J ~! ~ =0 it ,,="__::c::=-'o:-::=__cc:c:c-='=-,.-.-:-:="-::====,::-= ,-- ,-- '" ~ .: 8 " Ii! / a L_ I; r--'" ' .111 ! , ',,' . 0: .;, ., .. fi .: 9 ... a z ! . ----- Il) .. I,i.=-~:~~~=.-,c~=;---= --=-=="~ rr: ,:~=', ;, ':' i : : " (i, .. :j : i:~~=-i:=-~-_~~:..~_~ - ~_L",; ll'lJ.U-------- =-r-tfrrt.- , 'tt-.---------- -trh-tltthtl~---~---' ----- . ~. " . . . Ii: . . .-.-- .. ,,--Ii ~ ~ ~ ,~ ::J-i---i=-.----t-----:- -----:;c= 9 'v I i,nl ;-," 1;,1 ;__11__ ~i-'~~~~i~ '.... t. f ----I ,. i III I ~ !'" ;1:;'3" 'I:, . c!ml.'!!!!! !,;t~~ - ---- ~------,----'-,-----"--- [-] I , i~. ill f "-1 ! (, -I J Hit II! I. - ,. !G i iIJIJUnln_~~~ ~ 0 ..Tnrn1Trrrn,.[IJf------ I ,li~U UJJJlltrnn 31 C\I . II ~ ... i it fit ~ .. ~ ... ~. 8 t IE . II. II II ~ G Z I 1ft ~ ~ ~ ; --4 "'.' It ~ !!, . , . - % ~ a _ U i ; ;, ::; I ; J. .~!,,~, x ~ ;", i: UJ .. !.'. ~ ;l::j'" " ',' .. ' > , .. . t- III . I ~ " "', c... .. ..', .f {'",;~'~/; . ~~. '1: ~';':'.~~' \f.- * :~.~~.~~. .,':'.;.~--:- ~,"":!la~GAU:J.I< -~ ~ I ::><::::- "'-'" 'I ' /1'< , , , , , , , , ,--- L- . ~ 758-61 ;:: -, I' ~' .' ~ ~I' 1:;'. '::.' ~.ii' .. iI ~.-G ,~- ..: V1<; ~ .. if' ~ f iir ~ ;;.t.i D ! I i I j (If) ,I II C!_.__ ~... '~'-<'T~""n' ~ :3:lV1d A~I:) . i lid ... S ~i ~~! $~ t:f -r-~'~ (~1 '~1...Li! I:'~ .1. In:1 ' 1ft f ~:..._ I .1;1 __.__ _ tt~f r---J=. . -------. . lilt: I I ,hi i @i!OO'+" . . ,:: , ... l!iilli~11 I!! II i I- ~-4 -e, t-- -1=- - - -=0 c.-.= -: - == C' I i I: Itli~-J I ' I II iq; lEi I r I -~~ ~ ~ I"iooa! ., f If If ". ~~i · I ~ _II ~I ~I 'ill ~oU ?-! ' !~~ - ~ " .. ---'-'-'- {---- ;:"l ',:d: Big i III I I . . I L:l(~jf' -4tt~I.lr-'--- ___,____.L . I t-. --f 1't--- __._n.___..._ I It-l liill f ! II ..i -nl-i ITIllllltr--.----.--- . . iii II- 1- a-Ii. I--a -1-' . . h=.1 p -n' t -1='0' =.cc._ :.=-CC_ ---. millb~J II .~-~~ :~~ ~ ~J;-~_~;-~~=~~=~:.. ~~~:~;_.__~~=~~-~:~~;'_>~f~~'-~_,_ ., I!! 1IIiIl"lf ,", j, i( ii, If uUJI i! I,uidlf iii I I i; dill '111111 II~, ~ ,lltldJLJli1L.~;==,~~p,c- o . ... fl1'H i 11 II Ii :: i~li'j : i ~J~_~--=~~::~_:i;- L-t)~=~=_~_=~=_~-=:i_~~_h-==_=== ii' ;fi; -.J 32 ~ :z: ,. u I ::; ~ .. -i ;i :z: ~I U1 ~ ~ lj L '1 - . ~ .. : i ~! .. I 0, . ...... 'I- --> ~-~ I ~.. ~... -'-~~'__N1IChII'IW~__ . WO"I.IHJ;. =.I:>>Y1~ -.:>> f' " - ....- ..._. .--". - ~~ -, ~"<'''''.' , >"- .~\. 'l..-.;- ~ .. . ..2i,/ !Ie, " III I --- -- ------ "I / A':' ", \/ " /\. L- -4 ~ \ r-! :~ , ~ 758-62 ~..I..~ ~.' 1.1 it~. i'! f- '-. a VI'< I "-W" _,....'"'..._.....: .. j I.. iF - - - --! Y:'--==:=-===-':=:':;;:~f-;~.:T1~'~ ===~C_~_::.~:~~:. , rCCC~.c. . .... \~Q ~ ;J; j~i'j.: ~i I il~, ~[.J " i. . (;)f!'i I .1 it I to. 1-~:i(::I;nf;f-- m' Ii r~1 1.151 sill".; . .! ;:,....11 .'" I Ii i i..lil}.J~_ ___:~_____~___ I 'I' I. L'iUJ --Y-1--~-- --.-- ----- I .1 Ii Ii III If! .""~~-=. ~ III ~I II liit ~iJ ?-! . ~ ~ :0 '~ ;fu " II. iii I II. 5 it '4i ~:: '" j II. II ~ I c' Si' >>Ii .~.~. .. II. iii ~ II. o Z S >>I . Iii ifl f la I I /1- . . Il~;;t:l[~f- ":'c;=:c,'=-==,,=:=c:c I '11';t I t i; J II c< "--In -Il rnltr--.----.------ 1ft . . . . . . Ii- -. . -.. .-.. . j II. II ~ "'c :I t ~. '~I 0. :.~ It . ~ ( __._. ___ ___ l-__ ______nn_____ ____ . r . 8 ---- --- ----8' --.--- - ~..'c._ ~-- 'T-Ii IU' ! J " !-II .I;illlllh~~:~i ~~;)_ a 1 r 1-.'-11 I III! f I ~">~ ~'~,:r::!!.l:;-1Il ..,. ..... .., 'T '. 4D ; I (' I b !~ ~ & I 1- r hit Iii I ,. I II" iJ ndllh II ~ ~ 1.11.1] UU.JIlIL______ _ _ o . "+Jnmlmuf~J -.----------.----------.---- D II ~ II. I ! -.J 33 II , I " j ~ ~ i:.H ~J"',.,,',,".' UJ :', ....:- z ,...; ..... '.. .. ~ ~ > .. t- V! "" :' '~'-:- (~ "'" ~11: ~ '",; ...;, ,~, , " ~; 1IIWriI~......". i~' . ~'!lH.L :!I:>>~ L.a31 ~.. . ~~ . ::::...,: " I / "~"/ /.'1'-- - , - - - - - , - - / , ~ ~ ~ L-- L 758-63 T -, ;1 ~" ~ 11~ ... ~ ,~'I-I'" o '" " z~' .-;" :- ~ V~ ....;:: II. II ! I i I- I It) t i ~,i. 9 ~ . .... I (j)'LI"- I 1M ~ ,t i.- t: ~I '-'I~ II." ~~I~ II ~"1- i .:1 ~ni ItS.' $-0 .. to luft-.t fIt.=---: _-~~c .-.---=--..!= 81100..'1 ,. =- N I~. -r J~l~ I , '~, ,. .. · II I ;~~., Iii' i' 'I' =r~=c~-===:c====~-::y-;, II IIII1 hlfl!llii ~I r f __c~== , "':)- ! ' ill!!!i I!I~ ~H...c.. ... .... t ii: ~", .2ii @ ~ .. . II 8. ..I ... lie' I: :..",-{ .., & II ~ ... II i . Iii ; II ~ I' i I I,; i . . hhi1nr.~-~.. lit t 11., ! ~;: It ! 5,' t~ ; ff!lln',,~f:~:.~. ..... = " ~: = . t:, e Ii. . a::'-C'"t'?"""::'l -, ,__:L .. - ----.,-_.'.._..__ _____.__'.__ ,',_ _' __.._.__.u. - .~--_.. .__ _~__.__._.,. _.. .__, .______~.. ...... ___h_ ___~_, _ _ . lit ; II I !I';II i ,', a I. ~ J'rl,hl, . ~ II s ~ i i II Ii I ,", ; ~ I h#UIiji~~TT'~~~.. o . "11 m ] ,I 1'1 i :;"UL,!,! I I. .:.:::=.:..=:=__-:::---==--..:=====-..:_=:.:=:-===._--==--;.~..=::--=-..:...:.-:~__ ;;: -.J 34 , . % . a U a .. ::; .; ~! . " ,~~ % ," UJ~ i i _'H' Z ~ '._- ;: ~ :1 ~< '- 9 .~,~ p '" i" z~ ! :- e;8 If .~ f~: I I . </1 <: "\",~. ~"~.........'1YO~y....,.~ . ..uo, 8H.L:B:Ww UIO I i t..____ _=_ -------- - -------~, Ii -<] II i ~ '1 Il~ mi ' L~l. _ :j. e [~SJ "'7;9, ~ .1111 :" 1..:_04 ~~~ ~~ ~ '~Y'f'lj ~ I 1; I --- ~ "'..>,/// .m -4 ~/' / j' ',_} 118: <)1 . ~ I ~ jl :!Jilt i=i=i= , / t I rtI r' --- ~-~r;"'< ~ t ~~ ,~l 'r ~1.---4 II . a c=:ll I :: I 1 m IT ITi i: ~ ~ ~ E - ~ L-- ~I ~ CD ~ .. i D [:1j ~<]l . ,,' ........ ~ r .. iii II 1 i I- ~ L 758-64 ~ ~I , i CD !:5 I ~ ~ ~ 9 .. . I 5 ~.... I II .....-............. I~ i. ,~l. i~J. ::lOY1d .k.1I~ I::. ':llTilld .. . ~. ~l_ ~ t", , .. J,5i"r11 J.OO I lid I~ it. ,.UJt+ I~jl ' . .'.' /,'. ~ ;"? .. ~'"" '. rill" 1-=-:r:.-lI9=..-_c::=:o'===:'-:-;"":::-:-.-:::':::': 1,01 IS.,.!:' 'i'i .~ ~r,,:,;; 8i~.~ .._" " I;. "I i~__! ""," .~. .0.' D ; ;11. ~,g,r-1--r-::-'-_O:::'=::,,,-,'c==C~:'i ! ! ~ III !Ii,l~ ~! c~..c~~c ,! ~ , l!J -- . m~ :'lJ --- -----..-.- " ; ~,...; ~ II. , . ~ .:. it 8 t IE ;;1<.J j'-:~U~ .===-- '3:4\ ." > ( _ .-..:'=; :-.:_:;- ....:-:.:.:.: " '...- . D . ~ ... a i o;;J ~.: . Iii ; II f ," I I . - ..., -~ 'i I; : · · :: ;. :i :~~:~l-~lJ~i:-~--Ll .. - hhmtt-r~-:~:= ..". ,'. Ii 1-1..- .'..__1 0".;" II) ~ .. ~ : 9 "'t iii t i'~ 1-'"' I tJ :.:ir=:-:;:;cT 2]~~--'-:~:l~:~~ ::::' 11.11 :"..1V11, i I,.. .....',!'~~:~)l. : ';.i.' ; -1'1'.' ,ilpill I~~ ...... j1 . .h E ,~_ I .fl! II f "Co-",,,,,,-=^,,,,,";j "i)I':t ::l =J' t:, e.",. .. -.>- I, t I I !h~ iil " ~ I, I' 'I .. i if 'I JifJl . ,," I I I !II I 1.11 11111. J~m~~!L-~~-."--,~::::. .~~__ o - ".. -~ ~. .f" f, "1 II 'i .', II' " .' ,; ...~-" - ,-ee;: JUllmlljl~JIrJ -.J 35 I % ;. U !i ... 1.-;; ~ IS lJ.I ;J ...~ ;.~ > "' l- II! L . . : : ~.. -e : ;1 ; -'. ;..~ J- '...c,-'i "-,; i~:.."-> ~ ~-''', ;;,~~~~"Ufft:. "'7"'.,;~ 8J.:IO'illU :nw'-N. UIO .J . . , I ;! II III J4 +=4 J3 i:, 'i ~ It! ~ I Y.~ f:j ---L..-f :::::...::::----- "- ""J/" //1'" . , / , / , / , / , ~ L-. ~ -4 * 758-65 I}}lj ~ - I v>< .. ~ "_ - !':=~~~~:~~~:=,:~~.==c:~1~ . ~.- c- :;=~==-~ \ ,"'----.Jl.,\_.o-!o, . t ti'"i~! '111l!! . .lJ '}~ - h.. ---0 rH':~I~"-=~':~'===~cc-==~~f 8 II- . 'J . '. It ;:;" ._" M" ! li!~!ilctrcc~~~1"F ! un ii, l,J -~--":iL it -... .;;::. , .'> I@ .~~~i .. .. iii I ..I ... I . IIri..-. . .. -- -'. -, , 11-" 0-;- !!I '! " i ., ': i~~JHt~t~=~=h. -1 rf1ltllJd'dr- --.-.---.---.--. . . . . . . Ii .' . a a '.'.- . ~ 10 ! II. -, I 11 2' 2:1 J. J=;:I=.r:'::-:C~"~-f:.:: ::;:,=;=:;=:,::,-.....;,:c..:- . -J liLI,! II ;~IIIIIII ,l r:-""i1 I ' l n 11P..1 r.~~:i'c,.J , .~ r~.:~_~_. ~_ _~~~._~_..,~~:_:'~ :~~~_=:~~~~::;_~4.7::-~~;~-~~- CD ( i" i" S II I 1111 if, . i ljllli I ~ 111!l1~' ~ I. 11,IIIiUHIL!i;"~ -~=-. n_ 0- nllHFi"llli ~;ln::! L::=--"-::::"::.::::-:===-~:.::=,:~~':::==:_::,:,::,:,,_::::~:-_~_~:- ~:--=--'_'~::~:::::_~::'~~ D ! I ! 'Z;:; -.J 36 ~ '" =. ~ L.i~! :z: ."! ,;~ UJ i:i !;. > .. .... III L ~ ; jji :;;. '~.;, . .~= "e-:";; .~:~ ~.~~ ~ -.,. ~~.- 1\-.j" L-- "r; ~ ~~ . - r",:--';"- ------------------ s ~ - / :0...:::: ',I // /~i< . , / , / , / , / , / , L- o 758-66 ~ ~~ I ~I- I'. I ir ~ Vl<. -..-.---......-- '.0-...."9........ t! :l1.t I~ ~ ~! ;. I ~ -". ~ :3:>>,"d A~~ I ~ .. Ii I ! . t co C! .. ;;;~: C" 4 ~ '~. i :I:h riqlll i'\. ~ " .- ii'':' : :-~ 'f t. -tt=- - - --. -- - -.--- lU. ~i I P - - -.- .----- ._- 111M III ~ 8i!iJII+" .. . ,.-;: - 11 N I ~e II :J.I=-.f-L _ _. " D I II i?D I I -! :,-co...=~=__~~ I III. L1~f ~ I i ~~. - '- I le11iiUIII f: ~ ~ In ~nilib ~jJ ~ ! i ii: ,"-'n ;r~ !i fJ &'<~ ... ..i":- II. III .: ! . o z I . . Iii ~ II 'Ia i I : i' I' . . r:~--) - 4.~~~ :1 :: I I ~m~lJt-~r-=-=~~-=:=:=~:: --nhf.HiTiTdl.---- -- ----- .- . . l . . '.;...~..--. -'"I .- .,-it, . ...... ~ -4 ~j IFlf elm r'~"cc ~.' llt;liJIIII t'l i i~: Ii t' tl S' J 'i. ~~ ,. Ii' . . a ~ I ,: - ,~---~_:~~-~==:~~--~:::_., ____. __-- m f f I ilia; f .", Ei I I i.. .IJII . .1..1 - II III d:~ ill ;qnn li_._:~. ,~ D ~ I. II. t~f,im-':T-~~r''''~''-~'=: I 0 - "". "~',"!;": ~,:,,! ;j=.! ,! j il.'!r~Ljjj 9 '! :: '::i, . i t~JJUUJ 'ii ;';L::c~ -.J 37 I I % - U J ] .. ;~ ,;}" )J ~;1 ,:,,;~~~-~ ., '~ ."..~Hi =B.=>>i'jd #,01 H ~ '; ~._""....~~~-......:.-~~....' 114 Jll4"'<i!;~...~w..~,~."'1Il10:'~<.i'.~."':<:.~____~';o,"""--;--:."^'_._""'''''=_:'''''''~'"::'<-r.'",..or>"'."".,_"",1 ,-- ! + ~ c" ~ ~: .,. i..;::.". i.~ .. .00 QI ~.;< 2 !.l .~. i i ;,. ..Ilt:. &II .. Ii! ! II. i ii: I ~6 ijJ r~._.~-:__. --1- ..,,--------..---- :' U(";.: .'-"".......,_.;....~,.<..., \J.:: [1" I ~ ~:'i !.S::=ri I. II I liSai" ~ '" .; ij Iii' ..c~~- W 1~_IIi_lr~__ ~ it;! !~'pr,':!l i. i- I'.' ..1Ht-.....-.-. .,--"-..---...."-"--~. - - '1 '--"1- -. _~OO._________._______. 111:1 IS." 'C;-l} 8 i1IltII:. 't . . ., ;:..._" ,.... I IINe;';j -J, ..;;J K1' ".'. =I. -.-.-.- __00____.. ..._._....u-c-- -- -'.--',-.- i OJ, '('--'---::-'__00'-;- II III I II, ~ i !;~-,=~(~!:~ I II 1= 1;'11 I! '~ ::' ': " ,J I to t · I ,! .... " I; , " ' '..'. 'Ii. .,'" r ,,' l'llqi II! ,i! '.:,----,.-~-": ..i!. '.1 ~ ) !I !I .i1l~]J <?-! ': .' " 'i I Ii :' :1 - ,.-'-- -~.._------- --.---..---- "-- '--" - - - "-' -- -..--.------ "'- -.---..----------- . - " ~ 1'- 1111:I HI - ~ .m.'... '.c:m 0 L 758-67 of D II ~ I .. ~ .. ~ II. I i . Iii i lie J I; -~-----_._-,--~- -- ,'-~--,T-...,.'-~- ,,---,-,-----" . . i'I' :;;1 -, :; .--hlrHf*~fUfj~i ~lJj~.c . . . . If- .--S-I'-II.-. . .--. # · .. --r!,- il-II- -- -.I---.-;l~~.~:~:==~~--~~ . 'II .. I II ... ..~-c-- cc -..i.I(...u. '. ~; 1IIIJcJh I ;j.. ';;,. '. ." lit I dl!1 I \1 "":llli$_::!~.t:, e'.1i JI.~ ! ,,,t'Tflrj.ir~~-c- ! lilli' ,U: Jhll.!~t~,:..--;::::;=;:c;;-....-:7 rl . I I! I t1Imm-jf;1 ,- i " .'1 ,: " . o - ". :Jt:; t ~ ir f'; '~;_~~u~~~ 1 :::;. !; II ,! i! ! ;! :' ;~ ii il :j !i I 'j :1 II 'I ,I ,I, '~I Ii !i-- J-ii. __.lL1!liiLI--::,=_.f;~~"- LL_~ -.J 38 % .H u ;J',j wi z : ",' > '" .... VI :; ~~~ ,:i~... ....;IY:l~..,.,' '~SH.L~~.Am)'1 .'.';;' ..~ ~ ;a. Ii i " L-!; , ~ 11II:I', '.' !IE! " \ 121 .::.....JCEJ o 758-68 ~ -. I ~I;: i~ i)~ il '.... D v>< .. II I II ! ~ II. l ~ : i;r ith R II ~ . Ii it ~ .. I ~ at! It II:! . II. U II I .. . o I ID ~ .. II ~ .l! It !I . .. Si", ',;, !".;:"'; f_ ,1 . ;:. . !' .'!.: '. ,-~.- j, ,,'--'--........---;,. '~;::..--- --- i~'.! 1i~ N ;~' '@ i! '11..--'111.1 i- T.'-"', 1'1""" .. III ii 3 Sf' l'III~' . '~. ,: : I .. tl--:F. , . 1 .. c. 'f-' . I, ,I'-i! I -J".'. r---.---.-.----..---.~-".--..;:.... Ii . .... .. . ~...--..- ..-----.----- -.---.- It I ,I 5 c& El sil~.\ _ . 11 ;:.. iii 'co ,(] 'ii Ti ! ~. I II;I-t . -. .'.L,. ..-----. --.---- --,,--- -- ---- I 81 ." --.,--.---------.c,---.---- ~ h I i i!f '" I ' i II1I 'ila'. t I : I · I! I: !i, I f i III.' I: II! -, i : ~ _ U !l !l )11 f::J ?- ! " ,'~:~~i I ii ; II 'I" I I : i' . . I I II ~4HfLLi~,,- '---pflt!11]---ftI1- .....__.,; __u._ I I ,lU.I. JJ " . . .. . I;' iii . . . . . iii . .11 Utlltltl'- "-~------ " ~___~ - , , " ~- ,tr_ ~~I:~~_.~ ._._'__~_..~~:~.~; '-~--':-~_~~,~~~:_~~~ ! [ I 'rl~1 r~J ." R II I ! I 1,;, IIIII li.~ .~ I III II-;+fi:I:W. · JI.....-...------.-..---.-.- ~ ,11.1 iiIIiJilim'.fjlTriTfTr'; 0.. 'c_~mm ~jl~~:j !I -.J 39 ~ ~I % ,I ~ ... .~' I '" ;j ; ~' ..~ ! z .. :1 ~ .. Ii .. = ~...; - .,,:,> ~~ <:, - "'", ", t,~~~~,w'Ul. ,;' ~'1,""" :iID~ ~I;)f ~ Ii: j~ i VI -<; ~ ! ' t! i ;1 I t Is ~ ~ . z~ I ~ 115 '" t ! . _ . !i0llC":) 'YNlr Y..LHl'a .i J ~:~ ".I. :3~Y1'd AJ.I:J l:t .. I I II I I I -,...~....-",......._.,...,........,~.........."~-~-""",.__...............,,,~.,. .':""",~,.....,....~_~',,,,,,,,_,,,""""......._..:.o-...._.....~~..,,,...-~.~,__,.,,,,,,~...:.....-'_.:."4"_,<r-""..,T,,'..,~.,,,....-..~~..-.."'...... __:~ '~""_',"-';.-':-'i',_" __'. . L , , ,- ---..--- 'I' ~>l ~ ' " ,- L____ J.'cjJJJJJJ.. rr=-:: , ~ J3 D.~ , F~ rat ~ L........ I. ' ~ ~ f"l i 'i)L/ ., ~ ~ ~~~, II! . -----_.:, /f..! Q. , I ~~ iI ~ ~ 1fI' \I ~ I ~jtI:~ 1\ =1== ~I j I--- ~ , I T g\P~1 ~I( ~_ 1'C1(l1 , / if ~ y --. ~ : , 1/ '\ A i 1tI'\''' ~ .'tJ V' ~ i "'n+___~ r---------,j 1 : ::/ I uH I~ ~ >< 1\./ ~~ ~ II L........ ~ :-~:" ~ I - =lQH3F~--=i ~je ~ D j E ~ IfI ~ j j ~ . . If ~ ,- , If IIKJ II~ ~ (;}~V i ~ *o<~D. !-4 >K / ~ ~I oj . " I r~j "'- "'",y'" I ~. ( I ~ fj I ~ ~ 1\ ~ O~- d I II r;;J 1:.:1 758-69 " R III ~ .. i it .. " m -"'.-.. " ~ .. III ~ .. a I~ IE .., R III ~ .. a i -- - II) ~ .. III ~ ".e II t !! co .. i I II I! u_ __~.. _..." ______ .. '3' ~ i J .el' it it It. ~- -- -----~... ~ ~~-~ - ,. ; '-~-. " ...~.: ~;';!:I---'-"- ,,;, ,I,t';-I-I ;'1. h! i~~, ':=~'~,J,' ~ I' i~I' L~I=' ~" 'Ii I ~.I '-~~"'\'""'''' _ :i '---i.f----I-'-'i_iU.---~- " ~-~.~ l)fl:Ii::i: .:; liri I -:j:1bt~~"C,;:~'-~"c-~.:::::;L~:_:'~ 811-.1 I . ., " ,'l' . c,' ,- '-, ,.'" ,," ." ! Xe ,:. I ..t . .:;;,.. ::-j;:;,.~; I" 1'lfr:,.L'rc:c-':'';~~1='-':=c.~ I III ..I'f ~ I -. ' ,!'--.~;=,~!, I ~IIII n li!iIIH i i i n j H 11 Ii Ii fi ile f:iJ 0- i '~.~'=~ ,i E _ . " . -., ii '::c.-c.:..:: ::=-:...c::=c::':_. :'_._:cc -.<,.:A i _____ _ ,n ~!r;> '" '.c '; .},) .'. .{ ... . ... " ~~~: , . --. - -- . !Ii 11(1 I I i ""'.,=':"'F--,= · · ,Ii '"~ .. 'j i, i, :1; " ' .' " . .trldf#t;~tlj~L(;~~1Lc .. . .. :.. . . t/; . . '.'11 ... '-411 11 i!li Ii"- -.--....- -...--- C i ~l-I d--.--'.".:I'~'---''--''-_:':':'''--; JII'i.lr_1 i.. I ,el:: 'I ',.'ll"lI.I.'fJ:';: I~; if !altL.Udlllll i ., ~ ~:~ Ii!' . t)" e...... a . -.-"--- - -..-.. _..~----.............~~. -.-.' ---- -----.- f.' ----[--.-. .-.-.-- I I I' 111111 '. & I , !, I !fllll. ..... 1,11,1 d J I: ~; II IUfiiiQ ~ . II d i' ii, ~~li:!.1 ;i,,, ii o - _ _ . . _" 'I- '.., 'L : .: i ii ~i!. J ;' ii ii, i1 Ii 'I il:':;I! -.J 40 " u ..J '" x UJ z "' > .. ~<C x ~ '" ~ J: _ l.l.J z. .:: > " I.JJ "., Vl< - :; .:'!. ~. J":....;:: ; i SlCUZ8 YlN1IWI'1W 'wNw W.lNYIt 8.1:10' aH.L :i1:tY"lcllll:t I f I ~ ------. : :~ S;J ': ~ .-- ::: ~ L____ JJ.~ rr D.~ 1 ~F~ ~ --1m ~ L- ~ ~ JQ] (~ I ~L_- ~----4 ~ __m_. 1 ~ 113 I . ~~ ~ iil , IfI , '---"- [ j - - - - \ - . III- \II~' It: iiI ~ \ I j II ~ ~ ~ " ----$- w.. '-~.. A;. :nl.... :3~Y1d AJ.I::1.J,v/ El v ''', \ ... : ~ /', ~ 1------4 .. ~ ,/ '" .~~ "' . ~. , .. 1: I L+- ~ i I~~_, . ':- ~ ~ --=1=--0 !i= : '.,- , ~ _ If! ~. ~ '---:-0' j ]1 ~L '~I . [' .".i-,. ,""''''.'' (,>., ~l"i :, .~..j$ ..., ,,- / ~---4 '/, ," '". i',..:; . ,,' I l:""',01 ~l -..----oi.$, c,a-, -'c,ej ~2 ~ Bl ;;' 'C~'~~"~'~!T~_-__C]t~-~- ~,-75 8 -7 0 , CjL]~rrj';~J~H~ .~.TT'~1!:'~- Id ft I zi II o N .. II ~ II. Ii it ..." z Z 0 Zlll~ ",I" OU ,,:IE u..=> ;j ~II. ~'" o~ !lI..I. Zz Q~~ 0 U aa. a I~ ib I ., .. . g '" a I . :' ~ ~ ~ l 1&,' it ith c I~ r I:!: Ei ~ ~ I h ~ Ii! J 1~lI.l-llil!d .. II II~ nlll!11 8 i!1t]I+" .. . Sl ;: II' hi (I '-' I I m ;11: Ii np ! I !lliI! III I f Id I~ I~ la< -; i ~ .Ii!! !1.iII []j ?- .:. ::: ,," ~ tn ~ ~ <oc:t lIIj~ c ~~..- ;, ,. , ~ i i d :" ~ '\, z.... 0 .- - - ~ ::t u.... ~ i -.J 41 r- ... '" :z: UJ z ... > ... t- VI L :z: u lIOLZe ~.".. Y.1.NV8 . 8.1:10' lIH~ ::1;>>",.. A.11;>> I z - u ~ .~ c '. W _ z : > --:0, ~ , v,< ~---(i3" . r;;] A" '\r' ~ ~ -----<.~ Vl ~.~ :-~~~,-~,,41i~~.~~-~-:~=-~~~::~-=---~----=:::;:f-~; ';" 7 5uB ~'7~~ ' 4 H.:!, t,::'_..j~; .....,: !i lift i U.'... aE' a.' 'Z o 'X~ 00 u.,=> ~"" at; Zz o u J i : -I C--~ _t i ~ : = I I II ".. i In ~ f ~. I! or: I !I!~ :~~n~L ~ 'lz9 ; h:h,I-lIIIHI ~ i I: I' ~I nh II I" h i; I e!;'1 t= · I t 1.1 ilii I I iii I 8illB~~ .. ." :;:: II !n'lI!11 i I 1111: Ii II~.' I I ~ll! Ii '.1 r Id If If II. " I ~~U) ~ }lt~jJ ?- .. i I .,:. I ... lot) - ~'g N H~ <( Ii I, Ii; IJi I I ~ ! ~ ,~~ , r i~ ~ .. V;if'I'11I11 I. I id hi hI ! II ! I ~,. ~ .~. !i'j~ .~. . ~ . ~ . lli! idl~; I \ Ii! I~!i !i~l' I: I l~dJ!ib!;~lli ",:s~.t:. .11; ... I.. ~ 5... r:.~. i. .111..1.,.. ill~ i 1.':2.... U'f' !~! hi.' II N I ; I~ hH;li n~ . . ~ h I; ill!:!1 ulJL__. 0-............... = 5, I, .~ 1,....'._.'.' _ j 41 : '~ jM -.J 42 ~ " u ... " x UJ z "' > "' J;-c :r: - u -' , '" ~ I , UJ _ z ' > -.q w , j- ... VI< ; I . SlO.LZ8 YlN1ICWI'W 'wNw W.lllft SUO, allJ. :a:>>ncl .A.LI:>> I T~ ,--- ------. l___: : "l' II fi7 ~ r-; . lZ~L L- ,~ ~1" ~ ~lC~~ ~~_~_h___ ~ ~ . ==-=.. . rf:~ ~ ~ , , 11/I j I ~:_ > - == ~ '--'- - r;;J t:J I-;IU ., .. I'G 0 , . /~' ~ .. Of 6' II !yo",. hI ...... 'f" ....,.. . / 4 :II .1 la:>Y"1d J..Jfj,j/ B 1/ L+ ''', 1IIiiiI: /", l!J --4 ~ i c,C,~ I~ .. i" ! "" '-~ ~"f .",. ~;>, ~ 11 I t . ~i" 1 ~ _~_ _~~~___ ~~~~.~~ ~~j ___~_.._._~_ I ! c~-..- -----""1"-:-----------.,-,..--,..~.... ." - ~' .. r:'~'~~ .'. . -' '. ~~~!@ ~-~--;" (~~ ~ f1I f1I~ i~l~i ~ c_ .~ Ii' .:.' ,.-A [ , . ~. . .I//",~ ... "' :iJ ~I " " ., I,. '? ~ " ~- , =\..,.jv'~ ~ :y ~ ~):-: A1==-=+B' -~---':,r~~~ - ~ -- -4 f------1 l--~~- /- /- :/- -- - - ~ -! -- .------- J. . ' ~ I t ;;- i'i!~~ ~~ -)11'1 ~ ~ -J :.Jr," ..... ,--- L- --:--~----:l- .~-.; ~. ~J ,-, ~ -- ~ '- '~- .., ~_'_.u,__."'~'!-" L ~ ' ~ '-r f~.*:d.;-;;.~ '_ ~ ____ '--'''r> . . 0 iI -- #Ni"l"':'''' ''''Nv '4':<?;'!fS ~. .-"" - d' L_ --. r <.' . '" l'j'- f.. ~ . .---..-. --.....;)' 1----0} c: l' 'T"""' ~ 8-'72 I- PI)', ;! ~ ~:-:; ~ ~ ! - d ~ l:l.... ... lI. :g ..; p N Q!!'O' r- Ill: N" >$" <( ~(",.,!::g ~ a... : Z..i 0 . g' ;::::1... ~ 'j ,; , St ~~ ~ ~ P IF j' i li!ii ..~ :a ~:t. a' z o I i ~ !: . ----J~~~ .t ,,~:!.~, ~.1O ..1 !t~ :z ~~1 g f:t! ;; t~ ~ .~~ ~ i:j, ~ ~I zi 011 !~ I 1 'I t '.. I II. &1 It. i ! i z o cr:!= aU u..=> gt; -z o u ;~ ~ / :1 ~~~ ~ i ;. i! ; ~ r 1...._,',.;::, ,I: ~ i:: ~i' 'lIj ~ ,- 1 ~.5:' '....: ~ ---, c! II i i CD ~ I~ ~ ~i~. I~~ ~ li91 i:>>... ... I III! Ii ~ " II II~ i"I' Is. ~! if i 1~liI i. II !. · II Ii I I 1M 8Ifoot+, .. .. $II ;:. Iliql~i I ill II ~ " I ~ III Ii P 'iil~jJ . ~ . III ~,jii! .'.'11." . ,," ! ".'.1 ,; : i;' ~!i; ~ , I'" " ~t ~~ ; I I! l i, 1 tl g I it!] rt n 1111 ~ ~~ ! ! ~ ,~ !i! ! n ~ ! !JIll, II I'll ;: I ! II lliill II Iht i 113 :...~r.;.:.' I Ii] I..il'" Il~.... U:~!Tci' ! b'P ;:.~ I ~ I ~ h ! h li!nlf,,".' , ; .llitUJIJUll:lL_ 0-.............. :: -.J 43 :x: u .... .. :x: UJ z "' > "' ~.c ~ v ~ '., w.J : z .: > ~ t;..I '" ~ - V'l< :..,., ":..- ~ -, -..,/1< .-- ,. _____m_ __I '--. -Jt =l!:t=l!~= =15 a.a Z, ' z ~ j (Y;' '" '" ~1. z ~ il! ~ ~I ~I I hsll i .;;: ~ ;~ i~ ~ ' i JJl~~;~ ~ I U I ;111; (, to ,'J illl." i. ~L..... 1 g I :'.1 II N " A' ~3~~i) I ~1~iJl~,U6f~t -';~;J!L________ !, l1JJJlJ.nIhL_ 0.............. ;: ! . i i ; IIOLZ8 YlNllChllw:I "WIlY YJ.NW 8.1.:101 :1M... 1:I:JY1c1 A.l.1:J I , I ~; : liB '(~-~ ,"; , , , , L- rie ~ ::l!I " , ' " , I , ' , , 1111, tl~ L!' I111I II I i\flffl1T1 _ ""'-"-' Fi~~' r~- ~ / ~------- I F=.=lJ I II I fO I __" ~/ ~ 1 j . :: ~~~ ~ Ii r K1 ] IQ : ~ ~ ~ -I] -~ - I~ ~, ~II 11 J ", , ~/ L- __- .............. II ~ ~ 4- I!J . [L - I 1 - TI .. ::; ~_ _ -!II! , J<-~ I Ion ; i- ~~ tfI f#/ ~\ . 1lK'" ~~' NHi I,Y:).;Ny YJ.~YS '\ , , ' :3:JY'd A~I:lnh \/ ~ L-.f- "'~ ~ IIiiI : -~" \ ~: ~~~.. '1 ... j/< 1 ~.~~ ...~ ~j=ic- -=-. I ~ ~ "'-=~i f1r", ~ , " , L. ___! I~ ~ :'"' '. & ~[~-... -'~""";) · ; I""! ,EI '/- i .~ I . .~~ , ~ )- ~ ....&. z o ",1= aU '..L.::J J b~ Z:z o <.J ~ ~ <) , I I, r\\~~~. !ecc; " -~/" // ' , \" Bif ~ 001 i:.J ': ' ~ T W r~ ~ ] r Xli. . \, ,Y i'.J. ~ L- ...... r~-~~c-..Ujj -~lIj'!'~ j, A -~ /h i~ :--..I~,;~~~r~L~~[/ '\" ~~-- ., I ( I /--~: u " -:'1t- -1-11"'-, .. ,,,,I ., " " " I&J III IiiI '" fr ~~c.~:$:!::___._._.~ . - ,..~- 'I r iS~J' " ., ..._"."..' '.' . -., '" . j' ",,' ~ ., z hli 1111' .'1 , I II ~ ~--...i . <" 'n~~' :1 , .. r;;'!.. l:lJ ..75B-l3 ~.~'" t 'ICI I ii, z.. .,~ iii ol~ .':t .~ 1 ! : I- -'J t! Ii: h. 'N 'I t 5 ;:. CI I I " , Coo'. ;v i ;=- ,~ m ~ ; . ~~," I ~ ~,! ;::!' ~ ~>:: ;a;, ~ ~' .' c! I "'! . i to- . f ~ 111.= ~II . =~"_ n~~ ~ I- 1 ' .- 15 .1..1-11):111 ... II liS Ii 1= I lit ,: i I j hil Inn I nn 811I11I+" . . . ;: 11 I !i I lIill I I ill= Ii III! I I '.. II II i!.lh I f I'll' kla. i=' i ~ )!I !1.l1I ~~J: <r ... .. '" III . : ~ i . ~a. ~ '~ ;-ac N ~ :~,;;; ... 0 - . ; i 9 ~ ;::IlI. i- ; 1 r- - N <( Idh i'II~' 1 t~ ~; ~ 1"1.;' 1 -i,lif I i ! j ; ;; 1 1\i fit. t II ~ I I J IU I !! II g LUll 111111 II II ~ -2, i. :, ~~ .~. II @ . I . ; !Udd~! 1 i ; : i;il'iillj i: I If II I lild 111411 -.J 44 I :>: I U ... ~ . UJ z ~ ~ ... ~< - '" '" ~ UJ ~ z ~ > ^'" ~ , Vl< ----~-~-~---~~--_.- ~~ ...,. ,., ~-~-..,----,--_._-... ;', &: II ~ · I'H I~! i I 0, ,. , 11 I I rllln 1111 i!~ l'I!~!h!!I!l! 1 i,; It !dd~~ 1 ~ ! ---- -- --nut (Itln~11I b:11 II: t =~1=:!::l!I :!'Ii ..1 ':! t [" '"' "":::: -. j '-, ",Z I!!"l ";'1 I II 'u I''X) : ~ ~ ij i ~ I~ US I. ~I'I ~ , t:: 1. II. fi'. I d 'I I ."";t --4- z! ~ i~. SI J~ I~ i I I,if ~ It~( ~: -.::"" I it I,~" 1111.111 v ------..,--------,---1 ~-~_ @~P~ILJL__-_. J~ t,! i i ' Ii:! Qtf;fry.'::' scuze YIfQDIIWD ~ YUIYS 8.L:Icn :lH~ =a:JY1d All:>> I ~ II ~., III' z. It .ojN " ~. I , 1 '.. ! I ; I tJ it .~ I, Ii: '--,, ~ ii ~ f1 , I , ~ , , J'<' ~ ~\ E ~~-=: Qi--"'; b.~ll ~ -- ~- ..lrl 7l~-- - r-;,; :; 1-r,. --('1 '11.1 I 1 _ I 1 I I ~ II I1III lit - _ ~ J. ! . _, I U- I lit , ~ ;] . . 8 it & It "- riT?1 I :><:1 // , , - ~~ -- ~ ~~ .-1 :", 17 I ; I, ~ ' . "~N.""1lr;> .....~.~~ /\ 1-4 : t.:IiI. ," ' H.1 =3::JY1d iJ..Jli>S ~ &. ..... I /~, ~ I /1 ~ " :z o ~t; ;u...:::I ~t= ~-,... on Zz o <J ...~.." :i ~'~'I: ~~! D;:: iij ~.. 1ll..l111: Cl ~8 w... a... 0... o t , ~-o , "" I "--'---.": -~.~--- _1. Zi "1 r~ 'ccc -----.j;.- I: / m ~. ~ ~ I ~ l t,-,_.. // [~J- ~I I;';j]/;';~- .. ....--------...- ---- -...._- ~ "" : I.~~~o~~ -+ J ~ ,.!1.I~~ 'i' " iJ-{ ~ FrLE-w ,.~-===-_-::____ . --;:1'b_.--"..':>e.... n~~__~ ~.. ~ 'J I -7 c8 ,ill ( '"[I ..c..~iID 'iJE -- - ~~ :', '/, ", l n~__.. <-(1 ." SA.~~f"".l ,...,... '"'''''' "ifinn,- ..! .t-",..if):;"L""'-~' ~~ -~~"'" .,,~ ". . 'f)r, -:. , ::$> ~~[.J -( B'~74 , . ~ II i' i = !~t ~!. .... !s 5~. I.;~ ~ iig I 1:a...l-llillli ... N I~ I IllS! ,: Q I I hil llill I nil s~IIP~~ . . II ;:" III I lid I ! · .~ I Ililt i ; I' II III~I'~ I I "~Ii If 1111 , , f : l" '-; i ~ II ;.II.III~] ?- ;: ;~ i ~ ~ III j r., ~ t ....... ~ll. ~ ,,,...... l- ~ ~ ~ '1 " 0 S <( - 0 ! Z...I 0 , l ::J 1.1. I- ,j',: . -.J 45 foo-______ . ~! u p '- .='.J . " ::f L J3 f: .~~ ,i;Jr .'. ~ ~ ~~-'Ej~ IT ' \\" -~lJr~- ITrt'E ------- f---- ~- :," ,-- :,~.i.'=Hi~!N~ 'm5P~ "'If_!"o,," , ~ -~ ' - - " ....--..----- ~ ~S~~1. 5 ... r.- ~ :r u -' .. :r UJ z "' > "' Ji.c - U ~ '~ X , w.J '" z ~ '"'" .... > ~ . .;;.< .J... '" ~< ---~----------.-.--~--. --I ,.-.-. ~~ ,...... ... ... 9:'T f="1 '-i~ x c= ::~~ I ., ; i.._ ~...'~ I I n al. :;.: ~.:5 5.; ::! ""..., t 1'0 ~B ,:4 nsl ~'II . c_ -= rJ 5'<1. i ~ ~::I;: i iiI'! 1:">1 'J: ~ ~~ t ill ~ lit ;.llr" h"i~ ____._ ~~ I ~I ~ WJUtnuL__" 0-........... :: scuze YlNIICW~ "wHY Y.&NW suo, ilH.L 15I:)Y1c1 AU:>> J ~.' ; III1 . . ~~ I, L-:i , , eta.. ii~ ~ 'I'" " " '1 , , ~ ~ ~l:l : . B t> 11II:1 ~ f-\ lI;::l .~ ~ i7--~' b:: ~ "~'"""" "T '7~ ;; I : : : ~r:::-l I ( I J ~ D ~ :~ i~ '.~" i -. t g iH .u. ;t,. . III !LL ~ lit ~ 0,"" OJ , 1 '., / ,II I- ... ,,- u 1--- .-_=:><:....~ ~ ~ I~ e I I ,,~ I i ,,-~ b-< i '\\ l' 7".: ..~~!'Nl:lO::l;p 'YNYinN__~ / "- ~ .. ~ H.1 :31:JY1d:A"-''', ~ V , " I / \ L4 ~ z o ",;:: 0'-' u..;:) ~~ -m Zz o U '"' fit.' ~i ~~ ~ o 8t I! - p:l i i fa"" FlfF Ih:" ~~i "':r- - \\ PI " ::=- - --.- ..J. ~ ~" =1 'i E~ ~~ ,-z . ~l i ~ C:, cr! :c! ;;t. ., i~_!~ Q~ " ~;'-',: ~~ <= ..... -, ~~n -4 ~~J .,,\ " ; . ,,/l!JJ' kll: _~___ ':/_ ct / ;::-l~\ ~.. /---'-- " .' ''" \,< o i.: :y = .&l' ClJ ", , : r ;;;IT <;~ U ~ ~! ~- I' - '., ~ ;; " .., ?ri~-' n'~75 8(~7 5 ;; 'l:. ~!: ~I ~ ..! . I m r ~ ~ I ~ i . %.. ;- I Is C'I =1 N. ~ d ~ <c I I- - '.z ! i:;, I-lli'1I1 ;po II IIJ I- j" I Ilia ,f L I bil i: ~: I I 1;1; Ii III tlu @up... . . II ;: II hll Iii I I I~hlll.! ~ 1111111 IHI ~jJ ?- ... ... at III . "'5 :- IU... (II ~i:I, ~ ....==N~, ...~ 1-0 - .~. i 9 ~ :;:)11. ~ en ?- N <( ,) . lih~ ill,! I;IH!! ! Hi; liJ;:;l ~~!l ", i '1:, l:; a ;.~. :.~~_" i., ~.'~. ~. ~6. R~ ~ ~ _,,_ ~ . f!;liltl 1111 ! ldlU~1111 ill I : ~r ~. r ~n .~. . ~ . ~ · ; !U~ 11 ll~ I i 1 ; t,lll!!'_j i ; I ItdlHldlllll1 -.J 46 H UJ ~ 1j lIOLZ8 Y1NMCNI"IW 'YNY Y.I.NW . S.L:llcn i1H~ ::I:>>Y1c1 lll:>> I z i ~~ =- I~ ~i II: ~ .. i II l ! : .. e f It ~ ~ ~ .. ~ ! 5 It -r - l) z o a:F 0'-' 1..1,..:::1 0-1>:: o~ Zz o u ~" " - L . u.; .... z .:: > ~ "' , V1< . " , ~ ~-~~ <$ - ---u--tJ>. " !i/~'/ ._~::'L"-n~___ ~~ -.--~~;F, ~-- , , / I;:;: ,~1r ~~-:-=---~--~-::=:-'::~:~--:-~~-~--'~---~-----------:----------=--~------l ~ 1----- _ n_,~ ' ~~ .."-: "-4~: -~~I'=-.r-~ -- i...-t'~Ij~~7~..*C:==c1t6:B~-7~~~~ Ii :' " '-'n'.__, C ..; -_:_~', _.'~~~~~1:f~G~1~F-~~1, ".'__,_ --J.- __ __....8.. -. &! Z;~ i ell. E.. I-! 'I . . 1- 1 i!l I-llilld Ie II! ~ .. II III 1~111!'i @~~.~ . . . :: 11 Ilallhll tb111011 m I' L Ii IIp I I at ii I: Ihl f lis i. I' a;! i ~ "Ii fI!i ~It ~~ ..?- = .. /I) . ~~ ! ~1I. ~ l-~ .. .!: g ! j ~ it ~ ~ c::) "g N. 6 ~ ~ ~,.~ ~ ~ (>. <ol (')"; ......., ~t~~~~~ ~ ii 1111 . :, 1;1 it .\1 i II! I I .jllll J I 'H!~ !~!J!! n:! 1!Jdll!! i : \ ml'iili i : I r 1IIII ~I! ; 1II1 i ~:!$S~~! !'Ii I." -.J 47 % V .. '" % UJ Z "' > "' t- VI u ~ . '" .; I " lJ.J , ;Z .: > k<:1 "' " ..11< I";"'; \.-"1, lIU'- Y11n1Oo11Tr.) """,W'l.LNY8 . SoUO, :aH1 ::a:l~cI A.LI:I I ~ L- ~~ aJ l_un_U. !~~ L_._ -~~ . ,1" - -, < _ l~ 'b~ iN - ~cJ ~~~ ... _~i .~- ~ ~-}: ',":, // I "-_ / , / , / - / , / , / , / , 1:==. r;, _ r.:;....-=--=, , -- Of .~ !i i~ t<) ~ _~___..J -----.;.;jY <$" .. n.~4>- _=.=~;,cc_=",...--, -----..-....."----...---..- ;,J ~--- Ii C[~;:L:~~~~1~~~~:FA'.:i,.,;; , "!' I: l'i~lL6Ol5L.J8' ~n~ "~:if-~ ~~ ~-..'~~ ~!!~l L____ _. .~_~. ~;I ._ .. "-_~~-! _ '" II -', I ' If-CJte'II-"'II4I. ~ I 12' .c., , ':':. f;J'" :t .-, "'~. ---'--, 'r" . . . ""it,.;';,.,..",,,.,,,,"',,,-,:: " ,III ~ -~ J'-I; oc";c'7c5B:-77;,- !... _ "1 .. ,., ,-- --_. - --- - - =-~,::~:=:..:'_.~,::-=--:==:::;:--=4~~~~T:~_-=-_=~:~ ~ 'i --:'ii: :~i'-;t---r~~'-r:-~rf-~~~'~it~;;'-~::7~':~- ~=-;.~ ~ III~..'. l; :a, 2: a ~ ;~ - . C 'I" t . i .... cl it ''Eh .;,;- "N ,a. j I E :z o rsB Ll.. ::::Jo be: z~ o u "Zi t! 1: ~ . .. ~ . j: .. ~ . " ~ i . .~,., ~~ g~ o "-,,J c 01 . i I~ i ~ II I e ~ I i ~.: ~ ~ ~. ~ . I:>> ~ I- I Ii I ! . i .... N ~ .. II II~ ~ II! II~i 8~11I." .. .. . It II I~q!llll 1111.1: 1;.lil! I Ie ii b Ifi I , f . f f :!, -. i ~ ,M ~III'III?J :- ;! 1'1 l# do \J ~ <II Ill.... ,.. ~II. ~ ... II: .. I- 0 ! is 0 :::l... I- )\ ~ ~ ~ ~ (: ~ ~ ~ ~ - ~ N <( ~ ~ ~ ~ ;; : i . ~J~_ tllll Jlill'i~ ; , 1" , . 'c', 1 ~t il! t, ~ ~ ~ 4 ~ l!~~ im ~ f r] rf t'1 1111 ~ iu! u! !!! ! !! n ! ~! ~dd~i! ; ! I ;;1'1\'11 i; I II Ii I nid lilt I i ~!I!::t:!.t:, .." 'II~ 1,1 U l~.t 1.1.' ul ~ tli. i,'t! '~I~ '.rlllill. liHLL.. ;; 0 - ................ .. . -.J 48 il ~ i ~ Zlll O. II! 0 19 cwo) oE,~ ~ , <C . '. 0 N Z 0 - Z - = ,... 0 ........ () j::: ~~ it - S - ~ ~g IU 0 ~ ~ .. ... i - z ... ,... i () ... - .. ~g N - .. N 9 () 9 I .. - .. I II. ,... () ; Ii I~ - N () I ,lIr - !fb ,... i 1111 () % - u ' ::; ~ .. ' :r ~ UJ ~ Z ., "' '1 ~J scuzeYlNIIOaU'1n .".." Y.I.NYIt . 8.1.:10' aM'" ::1:>>",11 UI:>> I " :r.: ..... u - 'N) N T m ~I -- iJ*, ~~ oCi :>i Wi -:::. ..I! Wi ..11 i~ 1-1 wi zi ...' 0' Z' :xi 01 ~i :x, " ..., .... i1i z o i 0+- :( .... ~ .. .... N ~ I ~ .. - Il) m - ~ .... ~ - :( -' ~ ~ :I: " UJ " z uJ "~ > ~ "' , t- - Vl< - M m SOL1:6 YIN O~.,,,:)' fQj.:i0'3 m .... me;) ,'~) <C ~ ' - "<t _ Zi a:J ........ 0' ~ ~ i=i I -- ~i ..... WI <( ~ iili ~~ ~! ~~ ~i Lt)..... ' : <C ~ ",:i -.- Ni N ~l rn Qi ..l! ~ " ~=F+~EE11 rri .".~-~"~ , r:::r11 I i-', (") r---'-jiR1 !"~ J <( r' "!~:J-' T-.i.~--=l 1__~}R1 Ie] ~ ~~n_____~cop-~ .t=trr-raI+ I ..i..H, ._~.l::;: , 4.J .k ---+--- ~iJ8ll3..'.I-C i,j ..?l.' ." ~-c ~ z o = it ~ .. ..... (3 ..... ~,'j ~ ~~ ~'"-l - ~ Q lili U ~i i I~ ..,:: id .......,;; ,~ ~;! "i ::> ,u ....... .J ~e';B 3:t _:~:J: t:O '::- ;:b- .01 C) F-i :g '<w '" :s ." 8 ~ .... <::) ('I") <C f I I I~ I;J; I Inliil a a . II I jtdl, 11111111 ''''''Ill' II I ~ II II I il " I~QIII d .II ~ ~f.~.' J'i . . a a I ~1111l! 11111 II i n ,I " ~n u d I 1-. =1111;:1:11_ ~ I!I I'm . I ~~ ~ I, I lid Ii I I ,JllUillJlL o - .......... ~ ;:: ~~ 49 :I: ..l. u ...l --i .. .. x ~ UJ j ~ .., > 4 OJ ~ t- ~ VI<l IIOLZ8 YlNIICWmr:a 'wHY y.....yj . SL:101 :lH~ ::I:1Y1c1 AJ.J:I f C"t z o = ~ III Ii i ... . C"t ~ . z o = it ... III ..... i CD in . fIle N N g ... . x - u ..... ....... .......... fIle -' " '" - I, L1.J '" z .': > ~ f- , Vl< I,ij) iN: 'i~' zl 91 ...' eel >i Wi ..I' 110I, ...1 Z' 01 G:: II. I zi 0, i=i ~ eei ~~ ~I m~ I.II! a:i ee! 1.1I: 1.11::: ~! OJ In co e (II, ~g ~. Qj ...I: ::Il! ., Mi o Q' -i III! ;t '<- ..... It) '<- lEe;;- . -< __!tj.HL~_l <(- .'m___,______ :::::.-J ~., -'~"l~-~ , .,1 ; ~_ __ :,~_,__ L~~---_~---~ , rn @. ;:;;OU;;; 'IlN O,fj,....-;; ';f~LW.t:'ilI=~=:=j i.L.:H.:n :3 U. :3::nl'ld 'U1.:l-- i ::::. " ;-:-Il=i=;:' ~ ~_. ~~L-..t__.__ L__~ :IJ:.: i' s':r ~9 q; ~ UJ' I ~ ::c:: I (V) co ... "" ~,..., '" ,~ ,. ~ ,J ~ ,; i I- !I, '1,,1 s 19 3L -ii Iii II ~ , i~! Is cwi [..iikll,~ c( !. . . . . . . I I l : I . i ..... It) III ..... .....c;) <5 ..... ....... 1t,1..... 4;5 ~! - ',-,,- :,~.,,~ ...,:$. <'l III >:..... >6 5 N, N_ (12< N~ ~...';-"' l:l> ,.>;- 9 ~ , is llllll z I .. a ... III t- Z i ... , N N g ... . I I I'. Ilnl III: I~ ;_ I- 5- I IUi ~ ~ N <::) M or<( (';'\ ! I I ';j z I; lif;! i' t- ee, 1111111 >1 1.1I' . - . - ...1 w! I iull. t-' zi 0' IlInpl l't! ll.' inn.!1 '1: . .. . . . .. . . (II Ii C): Q, IIi I i II I II ,..l ill' 1~lilll ! I. II ~ i,h . ,. . . a I \Ii ~l I I' ! l"I. II ,11~111111 ;_. ::1111;15. & '-I I' '. e 'i.(lJ , (Hi ~ 5 ! Ie 'I" 111,,1 'I! ! IJ'. - " ;iiLJJJJL.. 0 - . .. . . .. . ~ g '- '" ~;" ..i ~ 1- -.J ~. Q 50 7: c&. , 13 ~ t ~ :1 ~j 11 u ____~_ i scu.z8 ..NIICN'rml"wNY y.lJilft . s.ucn 51H~ :a:>>Y1d A.LI:>> " z - 0 co ;; a:I ~ - ... ~ III I - - I a:I ... - Z It) ... a:I II - ~ - - <( - - a:I - C\I a:I - ~ - :;( - ~ - ('P) a:I - It) a:I C\l - It) a:I z o ;; it ... III ~ i ... I ... 8 ... II - ('P) a:I - ~ - :;( - ~ - ~ - C\I a:I - - a:I - :;( - ~ - It) a:I - - a:I - C\I () - co a:I 758-80 ~I-' '.;. ~II 1::( .: r' 11: a 1..fi --<;, ~j 0: ~i !-, .(' ;:lor ~! ... iii, i:Ii: ./:,i : . :~t~[1 il ,t::.--,",,"..lI i ir:6 I: l<~ :"~~'1" "Jt~_.F I ~ ;~'" H:-_;_:l~~ 5 d II ~: -~:llm...:_. _ J.J ~ : '1t:~,~r:~.o1 :i Ii n _~-:L.. !. i :..:t I~.: --~ --:=~1 ;:1; T-~- !. : .~;: Ii , 'i!1 !I ~; ~ :;( __l ".! - ;:'-:':'. -. -"'.:;:1 ',';f..=. ;'_....' ',1, -ar- -'.:' ~ "':........;...1 :"7"-:-:=-::'-::1 ... ~ "t , _"r;'~.",J._;- --~ ! I I lei. lea II II II I lid;!; a I . lit - It) a:I I jllll. " III n n I ......... d HHtt1- nllldlll est'IO".' I 51 Ii I ! il; III !llli IIIIII I_ 11 =.:.=:11. & I., ( . I iil.q I III 1111 lid I -bl n "i Ilnd Ii i I Ii 0- ...... -.J 51 % - u . I ~., i ~ ~ :~l.~ LIJ .. :' z ....j-:=,. ... .~ ~] 51 ! -" ; ; . : . . ... ; - .. " , '\ ,>, " \.(.; ~> "'0'; ,'\,,> '<:><; II! 1.1 11 ~ '. .' "1. (.. ! " '~YlIoIoin"I'W~ Y.IJMI . '.....cn-aH.L1aI:JY1d A.a..:J I .. -". ' .- ._, - -, - Z o ~ ~ ... III I !i II ... . , , .~ 1 rl,. , ., ^"'" . ',' ~ >1'< .. 1 1 j J ~ ~ .1 &/1 ... l ~ .. 1 Z o ~ ~ III .. Z II ... . ~ .. i ~ . . .. ~~ r .. ~~ ~.. ~ m ,-- 1 ~ 1 1 - '" . ~ j I' !~ .. I ~ /' \ -',I - , . 1 1 C'I 1 1 :c .. i ~ ... ~j 1 ~ ~- ~ '<. - 'v "v '>'-'0',,> 0". ! ~I i 0 ~II ! 'W": ! ; ~ ...,?: 6 ~Ya~1\!)tn"J ~ ~ i ~i ':..~~ CL- . ;~J; :3:l"-'d AJ..~ i ~.. j Iii I 2 ~ . I e ). n,", l Z' -'.,. . U.c ,~J;'!; . -"- J I' ::.5 I' .... i:'.::k ; .. ..:l i,,'; ,. ~"iII . .. : I~ ,'~ i '~! r 'f'~ I II: ': ) l.ti'iL1 . '_u. t,;;\ II!!: ~ i'i' ~ ;= Ii'; " i~i!l~ j o v'>, '< .<< ~. ~~: I "~~, R 1!\ ;:'-'- " / '" ~ ~ . ~- m .. . .,.' .~. .I - -#<- ,':, ;.~ , ~lf~ l' ~ ,!; ", ~ ~ n_._ co._ ---"'E ___.u ---- -~- . ~----i .~__..n.~ :' i '" ; *' . -::'-i'~- .. 1IiI_ ,.to i ~ j .. .. 1 1 ~ R:':::: .. -. -.--....- t 1 ~ ._~- - .' j Z o ..-i it ... III -~-j --- -~ .. i -~ ,-- '. 1 .,-- ' -. ~ ~~ 1 1 Z .. ~ - 0 ~ ~ ~ ~ >>: III / \",1 ~ ... III ~t ' .. Z II ill In ]' ... . ~ .. i 1 1 1 ~ I ~ I 1 ! Z o ~ it ... III .. Z II ... . :I .. i ~ #. m ~ll'" ,.,.,,~ " ill ~ -.'.-. . .. ~ ,ll !I,- ~ " / '1'>>,> I> 1 .-"--' T ';',""X 1.1 ~ II .~ II ~ . 758-81 2: .~, - '-~--2 -'~.---.'ciC I j it ... ,1M :~ Ili . .--t .. i ,.:a ~ ::0 ~~ ,~ %[ Y t:; q :::0' iJ,l, ii: !;, ~; ,:~ I;. -'" ..: ,~, ;: <' "".. ~ ~ '-, .","" ..,: ~! ~J,i ',," . -.- - ~',Z i ;0 ::: "!l ~ ;'<:1 J",' .., -.. I f I 1;1; In @ 1;11 Ip Idlld J . . 11 -" ~~ ~ .il1111 ; I.. I H!llt'f~' -e' IJIM th-~l · .;:~ .:;. ~ · · I , U._,-_.'=--'~[:J -lllU111 ~._m~ d ill! III ! t:"'li.'~' I ;11.1 III " - II ~r r' ,1111 .,11 I jI !! rib II II I,. ,~, ;:,. II ,:2 , ~- 'l'I~Illilr .....1 I.bb I , ..1....1.. .8-.---j I JhlJ II IJ' ! lUiG niT -iii 0- ....,. ! ---~-~ -- -----~'1 l I ~, ,.. %, :::i '- "'.~ :..'; .~, :~ 1:~; ."', f.l.. ~: -~~, ~, 5: ~, .. ~ '" '- ';; ;c. '".J. I lJ ... : 5 I {!, "1.. ~~ ..", ~ ~ :d -.J 52 " J; ! U i E i ~ ~"... ~! ,", : : :~; UJ~:.~~...i ~j"l . C . . ; ... . t- V! ~.~..-,c"",~ I .~ 1 ! 11 ~ ("" ~ I r I :; .:: - : II~ ~, iiI '.11-< "_'--""4'.1_.._ . ~ !!I . d ~"-~~ I i I ~ !i:a 4:11" '~I U :a~V"1d AJ.j I :a...iI III.' .1. .~ 1 G~ z o ~ it ... IU I- Z i II. . :c l- i ~ . . iola'~NIIOoIf'IW':) ''''.'WMw u.cn IH.LJ:a:nncf A.a..:>> I'" .' '.. ... I ~ , ~ I ~~I : II GI$ - 1 1 1 ~1 ~' ~I tile . ~ I. I ~ .. 1 1 1 ~~ Z ~ .. ~ - 0 ~ ~ ~ ~ 1/\ :IIi .. ... IU I- Z i II. . :! l- i j ! 1 1 1 ~ ~ I ~ ~.. ~ 1- ~ .' ft/\ J!.. .,.~ .... ..' ~ . j 1 .., e 1 j 1 1 0- ~ 0 ".,' ,j . . I~~~f,'f)~'i-;,. ,', m"') \ ~ I IN':<: '-' I, ". ly\. ;\/.". - -, -:.. I'~ ~ ~ ItJ. . ill "1 rtJ "i "g" ,. ., . (I,' o~ I I': ~ " ~1 ~ f - ,1 : ~.... j ~ .._~: In'l ~ .- -. t 'i:- .---.--.-------1 ~ '. ..' l2SJI I ~ ; '. ~ " '--Iit ".: I I ,....... ---- --I i 'c::-:c" _ .." "'__ __ .j ... " I..: E 'I- ' i ~ z o i= ~ .. ~ i II. I :I l- i ~ ... z o = it ... .. I- Z i II. I = l- i ~ " I) .'.1 ~h ~ IU I~ ~. I I I 1;111;1 .- 11111;. 1.1.111 1 t d ~ @ 1 J s ,.. i ---.--of - -_ '. j II a I ~ .. Z . I i , ,,! --JjuJ L. ~ ---iC - .ll....,..ff..:.' fl.I'\ ~ 1.111 ..It.", -{ 'i :.JJIT ';rj ____.h -J!1-m~rJrlu:~l ~ fllllnd 1 z t:.,....... .~ I 51 -f I ' ". '-11k:f- _1 H . ...... .._ ~~)!a!!!m , f.=ct~ ~.~rf-~f--' i ~cl ,5 11811 j: :""---1 U = tl 1m. f i lilli,'. .1 .._~ . . mtfil11'1! '. 0,- .:"'':''.... , ,~ till ._~._-~"'----I t I Z . f ~ ~, ;::~ ~~ ;:;1 = '.' 8' ."''' ~:.;.;. " " :.:.:.:.' t:::.:; II H, '--. .. .,.' j 1 ,ll !~III ~ "" "'3~ ,~ ':';=== ~ ~- l \ I ] /\.I'II\ ~ ~ ~ II I- ~ I Ii ~. iII.Jo- .. ,..- ''OJ 758-82 -.J 53 ~ j JT ;1 ~. ! -,I 1M., ..... > .. t- VI it!~~-y1l:'\ . I rT' f ~ :l~~~,. ~ 5IH.L::aOYicl UfO r ' l'~' '"r ,., iI '~I '.~~; <, ',~ -j ..\f ....~ I'> , ... I --- ! ~ j iI _ill " - t j =- JlI~ , , . I'- /,-: i ; . ,', ....'. __c_ , ~ ~. ! i j [~ 'r 1 I L 1 ~ /' \"" !~ .' CJ 1 ,,; 1 t rmTFr / \". / / " " ~ J ~ //'\"" 'if' :~, _t";J\;:....~ '" --1 z o = ~ III , ~ , i ... I ~ ... . l- i ~ ... z 0 = ~ 1M I- Z i ... I = I- .. i ~ / " ..--- ... 1 z 0 ~ ... 1M I- Z i ... I iii l- i ~ t - i I I r~ I '-- , 1 ~~ t I ~ Z 0 //\"".1 ~ 5 .--- I- D z i ... , iI T l- i ~ ! . -- ! ,/~ 1/ '< "'. ,/ ! 758-83 , f : .~~ II. <1'1< 1 ". ,~ ... .. [Oj~ 1 ~ j 1 1 llllllIIIr ~. - ,/ ", m // "'. f "" / ..' ~ ~ ~ , '-If . 1< T1-l' "'1 i,,: I' .i' [I '..11")...... ....!'. (1 J'; I ~ I, t-' --i-+ f ! ;.., ';, i: ... 1- 1,1.+ .'" . . !,< I, 1"<; 1':')<: --. --'!: ~< ~ I ,~,. _ _ .u. ; :i .1 . I 11' f~~ ~.. r t I --I .-1-. I .;,-L - ~ ~ ~ ;11 I ~ ~;5t ~~ ~_. ~~.. ; i 15 ! 'J.1~~ f~ :90Y1cJ A~l ~1 <' ~ J rID zi 21 10-1 41 >1 ~i :.u: i! ~J -I 'X' iL: 'I '" (~ i;J -, ~, ,... z' ;,' I'~--:- --.. - ----;, b:_..L-~l J: - ..." - .0-.. .&:. _._~ -.J 54 ~ % ~ i ~ ... I .. ~' % UJ ; z . .... > ... , J;..c ~'ilr~.-';;-p.;.i...~:").~ ic-,.,. k''''''~,''''''~.'';. ....-.,.....,'..'""'.,,' ."')' ~':W;~_..~"'"'~ ! \\. >~;<',yt~: ... I ! j ," 1(< ')" >': .' ;:" .,.,'; .~ri ii "! ,~. .. '. . ,_ I" , ... .i:,~~1n..........~ f~,""',. - ... '. .... "'" ...., .~ aKl. :ao....If,.u.I~.1 . . , . ..,'. I "'''-''''<~''.i-....,.y',-_........,..;t< .,."" ;;,.< .... @ j 1 () ',k" '..' ;" " 'V I>C} , . '. , ,. '. "'" 1 I .. ~ . '. [] ",".' '" "7 //'. '., .,..... k:-- :',,:': ....' .....,. <';/'.: .<,[ :.' I .... ,,/, . --... - -",- ! j J 1 . , . / """ I : II . -.,-, '. , 1 I - -.,-, ! '.::: ': ',' "" <:'\" 'x. c- . .. L I J. -1- 1 1 . .. I z o !; ~ III fi i ... I I l- i ~ G~ z o ~ S ... III fi o ! . Ii t z ~ .. I l- i ~ ":' ..... .... '. I..... i' ....., .... .:. .... '\,.' ') " 'y j/;; ':: "'" ".' ).../',<: ,,(.). <~:<'>~ ,:,~ .~ :''-,' ':/ Y; >"C'</L. _ -., -'--' ! . i , 1 z o !; 5 i ... I ! I l- i ~ ~ : III ,n< 1 1 ~ ~a " I ... - - ., , ... ..... - - " --- -. .' . . .. .. ~-~ "<>.,,': '<"'. "\,"-;:' >< '< I<~ <;< .<: ! <. << .i':: ;':<:: "":. r: :\ \.'<>:, <<>,' -.,-, . .. '. ..... ! 1 j .. I .. r .: I .. ,.). ........... ",.'.' 1./' . ..... .... " 1/, '.. .... , ! ! 1 1 C~ z 2 ... "\>":"(.1'./;'.;'''1:'''. ~ I1"""L'~(....,/<r-" , : '; . f l- '.' . ! .'. f...... ..! . "" /1 I " I I . .' I. " ': 1. .:" ,'.." '<, \. "A"' <"x" ." .. .... . ..... ;- r -,- . I 1 - - 758-84 .-..1 .' r - I [,,, .:;;.; .:;:::::;::::::: . I.. I .. I, e . - 1"'. " 1 .... , ''',,"''', """ " '> +-- '.iii.- -. --- -'-~.r ~ hi. ! ~ e; i . ~ i~ tfai~W_~1 J ~ II r. i ~ ::I~Y'1d J..LI i :a II. ill II . I. ~ i i (~ I ....~1 ,'.- ~ ~~~~':j II Ill! t-i ZI ;;:"''; =1 Ii , ,f,: i hi'! Ii 1&,' .,. I: t' ! "'JJI ", ~~"~~='~ . .___.J ~~~'~I""~~~ "~ r,"~~"c~'--. ;! --H---E- f-.------1':":::-:-::==:- ~i ~,,= ,I ,.1;, .. ",' ;:)' .- :@ .I~'~~I; ."-'--'-"_:~-'--i-; . ,,, f ~ '.'- ~' :v Ii i: I~ t; iJ II I' fa k<~ i!i !i . ~! --.--- ~ ~' ~! ;Aj1"" .---1 ~ -- --i-ri ;, ,I.. ..:11 ,~)'I I . --..~ _. ....-...--_00 _.__.._____. ... i ~ "J'r" " ..." r ... ~' Hi!",; -~~ "I Iddll ,~ J II ."' II , Z i 2" I i I dfi---~l T~ ,"- tttfJ ~-if=-~ , .' fil; "f1~'*:' ~ I. . I l~ ~jW~~=) ..' >-:~.l!ll-mn-li~,D '- ~ ~.t.,...a. ! I. ~i J I...' '-", . . ~ 4 --lil!---H+- ____. ~_. _____ : 1 ~~ ~ lUlU I J ,',: ,I t.)aT) o h dB ! I ! ! j:' . . . .--s: rt---..., -~- ......4-......_.... I 41 il ~Ij I . .-. ~i .1' ~_~~.~~ ~c~~~:~l II t ~; z zi ];.,,-:1-. ::a.i - - ,"'- --h-ii .----~-.li'..-~ ;>>r , rt~ I. .:' gj ~: 11.' I " ;.01 II, l-. i: :1:; .... <::, 0: M:: :(! :> !.II: -L: iUi ~, ZI 01 r%1 1.1.' ., ~! I.lII "'1 i! :I' ..... -~. .-. --. -.J 55 I ~j~: ~ ..r UJ ..- i~ Z ---'-"'0 oj' ~ ~ ~: ::.:;-~tI!I.~.-".LNft" , ~''''':5I;)~.A.Ll3 f ~.~ -,....;.,.'''....."......~.;.,.-!-~....~-~<'~''~''j-'-''...~.. <"'j'" ..', -<_~~'.:-~,;;.",. "....I....j..';~......<.,~, .;.~,9! 1 zft o ~ ~ III Ii i ... . .. u .. i ::t ! 1 ! 1 1 ... 1 z ,$ 52 =c ~ III .. z i ... . a .. i ::t 1 1 - I ! ~ ; I ~lrp , ~, ~[ '-~.lr l.' "- 6 J%' ll.i N: vi i;J .- ~, i I J -"-rEi .i 11111' IIdlll a I . III ; !lill. IlInpl 11111.11 .....a.. II 1111111,1 !:\I"Iii...a I 61 ,i I ! il= III Id,' I II I U I! m sf 1111 I_ " ~tI.". Ii I!I ( i I ilfU , hi I .I.i I q II. IUIIII i i I II 0'., ........ 758-85 -.J 56 f If' CI - - rOI81-'- iw II il. ~ . . . z IT,llfn ~.w- I,.! III . .l.I!i . .. "I :, ~ ~~~, ~ iP ,~ ! rlj~llf I II ti ,;! ~= II Ill! .II if ~"'i'.;'-'" , t-. ~It ~ ~ I/!I .. !!fn ~ 1111 I, . ~. ~ ! ~!,'l ~ ~;.~, '~- 5 I I. ~:'i-H--tnO-:-=--'~i I ;. ~J- ,i -. -- ------ , .. J ',J l~~_---L o ~f~~-~:-~ . . . ii " ..~ f4il it i ~ lI:=--:::r:..J ' ---. ------. u_________._.___. ___.__[L) :z: u ... .. :z: UJ z ... > ... t- V'l ~ ~g: ~-:: i .....:-: 'I' ~:;.~ . ';.. "'- = . . . ; .-'! 1.~I-.'"'..w~-l.'.'""~".'1'~">"--; .L,'~w..o.nri-~1i".&NW' ,';;~~ ,~O'aHJ::.:.aY1il:.u.lal ,; ~,>t:."~~,.,:,,..~.:-:-.~ ;"~,, C l- i ~ rr j ! j j , " '" j ! 1 j' ") z o Ii III . . ~ l- i ~ , i] It] J! It! .... .... .... .... .... .... .... .... .... .... .... .... .... .... ; >:=", !l= iJ3 .----rp--~.-. ! ~ I: 1: =~- !----- I ~ , I I I : : I I , I , I I , : : 1,__ __ ____ ____... ____... ____ _____ _____ _____________ ____... _) \_---- -,--_.- --_._- L 758-86 bJ Ie r'~i;ii! I: ,I" ,,~ ~~ -fr~" b H H P. H ~: tr _:-1 tl [&1 1'\, ,\ q ~\ '~ \ '1\ Ii L.. i "i\~i :,"1 .... i! ....1, !..j, " t~ I t:" I J ; ',I~+ ii - "I-.!.i I_i. i IIUi .. ...., i ;:.-.: l' f-~ i~_.j ~ I " {l }~~ :.~-J ~:~i t1'~r' '~~_ ;""'" r.~ I J'" :~ '.It 'W.LH :tY1d J.. .",ry ~~ ~L, ., ~ ),i iI " i.L "~.~i ) ,I Ii ii Ii I, :j yo <( &..: ~I :>1 z o C i,) III Ill) d 'I 1', ,I I, :i I! ;i """, 11 !! .. ,'t"o :;i ~ '"'" f.J' W' "I' . ~I 1-1 _! z: :)' -.J 57 ~ I. i ~jT i ~ J UJ .~ . z :," E . .-'. ... ' VI ". - ;"-9"- .:> ~WI"'OoII~-"'tY-W.&NW .~" ,- :... 8J.:I01BK1 =BOi1dA.LIO I'~ I ~ :'If:~--.:~,,j.l,_~\ _~. .,l--:'jl'.8.Y :."'-"-,,;.. :'_.,~~/,;_ _.,,~ '-'.,,0-. ,:' .>"<.'!'....;;.,. '. f f 1 ~ z f f 0 ti . I .. . .. ~ i ~ 1 f 1 1 t L .~ .~~i~ ;. b:i '15 ~-j ~~ZJ I j c~'''~+~, .~ i; I B:~' i! ~ , i, I I 'I~l ,>\ , , .,1 III~ \\ i, ,.;.: \~ .. '.' iwi_ "; \. '.! i' i. , " i ' ,d .Ii ',~> } . 'iI 1"" -,t 'c.Ji " ~ z o t: u IU . I t f 1 t ." 'l=~- -=~- - I t: z ~ T~~"'" F ~ ~~:~ .~' ~ r' ,-" r' ,-" ,-" r' ,-"ai!J r' ,-" r' ~ II!! 758-87 'I ... ~ ,:1 .,.. ~ ~ :z: o i= y W :II --=----i ) . ... fG t;;. ...' "" ::J ~ ;;:~ , i ;"1 'T' f I ! 1; lilt , 1111'11 i.jdll . ., . . Ii ;::inlll. IU IlIn,.. : , ~1ii,h. ,', fJ. ,,_a.__!j.aj I. . . ;-.'- 1) ..~:~ !Il II ~ :"-,1] '" II :; --~h I I" 'I I: ,'. It,~ 'I h"'1 if ;'~I'!~II r'H :' J!IB!.!!I :1 , f '~~J I ~i \ .f;: ! 'II~\ III !i \,.-..ldIIJlr;~'.' Ii i , i I,I' I H' \i I ! i ',!nU It ~ '1;~ i: I ,.---. :: II II 2 S JI,:~.~! : f~lrf I lil~'ii \~Il,' ~ WI i, LL~ij-'L; o - ........ II ~ 'r:. ~: <<-I' 4'1' N' ill! t' '" ~i ,",' -.J 58 .,> <, . '" 1~' ,:?..~~....yy~ /" ;,c'_;,~ ~O'1 aH.L'''a~r.cI UI31:' ". r- , ~j' .. ' I- III ""',',;: :,', ~",::", ,"-r'_'- ",,,,'~.. .-,,::: ,- . ,;-. "~",,_';":,!,,:,,;;,_.' .---../.?,~ ,_'. n t. t -'.,,;' ::r:: -~ ----, I z o i . I .. C) l- i ;:, :=: zl; ~~ II' ,! ~. ,:,,' j: , z~-a , .. VI";; !-.w. ~ ~ 1 f 1 1 ~ II! III L n t ~ .' """; ~ ,~ = l: _=:.=rr-.::::x ~ ,"-l !j :r~J H i"; L. .~ ,l~"": <' ii ;el ~ 1 ~~ a: c ji l= i1, I.J \ij V lI'I 'I I: .. it ;,,) :! er r[ %! .. ij ::::.; .!! Ii) ~ II .l ~ . , ' \ ~+ Ii H~ -~ '1\ L..\ 't\ c,\ " \ "" <-~\ \~\~i '\ ~; S',,-i z o Ii w . I f f f .' 'I;-li-li r'- 1;11,111 iw I" I I # . -. II "" e ".. ~,.l \U ~1' ,_i, !---- , r , , , , , : I , I z ~ kt#J:kc=:~; ~; ]~I..m"l :( ~ -oo;;'tHfilall :i :,f"Ji ~.-,'.'~'" 'i, Ii <~.: w '"." ," ~"'" '-' ;'. Ii " h' 11 .ftl I iI~ .11 .~ ! rfl.~1 , I.,", Ii fl fl.,., : ~ , . . ._~,. ill . j: '~lIllnrt\ Ii qUI" iHl~~~i H !dltia d f I -'n I . . ~~ a, 2 . . ' ; Of!l, l~i~ I i. ~ -'t ~~. !II i111~'ji iJl trlS: " ' ! I '1 Ii '~i ! 'III ~. ~ q h ii , ~.c.~ l- , " ~i~ }- i I! "'-; t:;! .::-_.._"*,,,~..... :;\li I.J' /-; % ::I: D ~ z ;:, 758-88 -.J 59 l",~, :':" ;~,.',;-/",~_'_,,,:;,_\,,,~,-:,;:; 'i".d' ,--,\"'.:;",,, 1.~r:" o , '" ;:.,~ ~~... ~~!!~_J!~!~~.. .............~:.; ~S '"'It' ". ~~' II U U f W.l. U .,l in '. ;;:;~~'i' ':'.~..c:,,'" "<il "';~"E.'.15 "'S"'"!'" ~. ~ ~.~ ~ ~:5 ~ .~ Ci)~~o l:D c _, ,:,;.;1.~';' i_"ff".," ,...o;,;r...".'_~i4:'~-{_' ~~;'" "'~ , I I ____J I \ \ \ \ \ i I "- i ,J i'11 , :1 :1 'I [I jj ~ il 'I ~~ ~ i~1 ~l<l :1 il :1 'I [I 11 I :1 :1 'I :1 , )1 If 1 11 I ':", I i \1 IY I .... ----Y. I I. '1\" __ -- ::;=;~;'=::..---~::=:;;;;'-~~:::=::ic~_~2~21-1,:.,.,. :'I"("'~"'~~. . ......._.-'---",..-.--~..,.,_..---,,_.....- --....., .-'---~._---- " {--- -.." '. \i ~ v 758-89 60 [.----.1 ,. --' UJ > UJ --' o ll: :r I- 758-90 '" --' w > w --' I- en ll: u. 61 '" 758-91 ...J W > W ...J ?- m a: LL '" CD .I: 62 .,.. {"-------, .... .... UJ W > > w w .... .... 0 0 :z 0:: 0 :I: (.) I- UJ en 758-92 ... 63 ... am. 758-93 >- .. ~ z o CI) ~ .. It> 64 \ \ \ \ '\ \ "- i I i "I , 11 'I , :1 ! 11 I ':1 i :1 f ,I I '11 I-I I' 'I I~ :1 if i 11 I" i 'I I i:1 , 'I I :/ i :1 i II i 'I =::i I' ( I · . Ol~ ,i I . " I I," 1 ==--Y" r-'~~ ":," " -"-~~.~._~---,- : ~ iY ~ M~';::~f-~~:n~n'nnd~~'n-t:'_'E::=~!!Hr /..-- --......,..- ,..;. \: ij-- ~).:.~~.~f ~ tt ~uS0~ <ril ~h i ~n! 5~ i ii Ul i U u i u ~~~~~ ~~~~~~ ~ I~ II~ 11;\ ~ ~ ~t ~ J ~i ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ a)Q::~2:iil i 2S1A~_~~- u::Il-.~. ~ >:z: s: S ~s: !~ ~n ~ ~hi ~ ~ R3~~ ~~~ us~~ 1t1~~ ~~ ~~ ~~ ~~ Iftj~~ ----, \ -1--~-- ------------ .'--":"'m < \., \ __----..--.---.....-.1'--- A'lfM----=r-NosMvi----....---,+-- '-":;..h". ' , 'i \ ....: I \' _ .'1 -4 , l- i : : : \ : <ti;> I 1 <~> \ -"-J<~> . \ - _! T · \i i .. i ' I; I , 1 Iii . - =l -4 ,.. : '! ! -, . -'I < I' 1 , , ; i f-- -;../ ! ~~ H ~~ H H~ ~ 1< 1 I: 758-94 \\ \ CD 65 t '-: ,~ " ;:S ~t CL. ...... , .,. " c z :::> c oc '" oc c c .... ~ ~ ;:S be. ....j'..' ~i; 3~ oc c = c z c ~ '" c OC :z: >- 758-95 66 M CL. .... ~ .... ~ <c ~ 0 <c 0 0 0 ;i 0 ~k z Cl 0 Z (.) ::> 0 <I.l <c '" ~~ 758-96 ~ . ~ <c 0 Cl <c :$ 0 ~ u.. 0 Cl ~ ..... ::I: <I.l >- <c co > LU 0- >- I- C) o ...J o:::l 67 .. za -z Zc ~=~ ~z. ce...;,,::; .....c.J_ "'...c ,",c", .. w z C( >- a: CI :!i :!i >- C( >- C( :I: z CI (I) :I: C( '" 68 \ 1\ \ \ I I \ ; ....J;- ~ 758-98 , o III o · III · .. .. .. ... . e~ o ... o o .. so ~~ P:~ ~~ ;z~ ~ >::v ....:I" I:l( ... .. 69 I I - , ...J..-I l ~j ( /:::::~~':.t ':":'~\~~'U.I ...ITAII ~ c_IIa. .'UI.. Un.'l nUIUTI BLDG. 'B' 7,900 S.F. ITU.'" ..UtA... uc.. U. RETAIL & THEATER "D' 9,000 S.F. .o. nILU. .....YI .".... II'.' ::: :~~~.':w-:~ .~:u:~..") .... MEMORY LArK OCTOIEI '4, :Z004 '..30" '0 I I :~ .'&L...n.... " anA'..WAU ell.""M ...... ,...."... Viii" .UTI ...,...., lA, .IIITI. 9"n,\) BLDG. 'Coo _7,900 S.F. ..". ~. ::..:::,... .',. I ./""ton....' ULI V t~.n. 1"11'" I I T I L.u.... ....1'".. ~1I1 UTI m::~.1~.~~ -". ~j~~q~>~~~~~ifE.P.t .. MARKET 'E' 25,000 S.F. ./ r:.~:".. ",...c.., ...-.. ~,.... ,.... unl.n ......II...tu... Cl .. ---====-- .. .. . '-758=99 ,n · T 17( ~'I: ~ '..:l u....n I'U" '''r\ IrI..' e...........lll .," PI.....,... I'fIHAU,IU A/ ~ ~... P. ~I . LA"1l ... J (I., ICa:.t:'II~:C ~ i\:~ ~IL -rn ~ ~~-;IJ.lj~ ,," -=-r nlrt ~, Eo: ~q ~ ~ . In..., ,t; \ \.. ~ '1 ~ -I;t ~ '" "'--' / 1ImIEfi. . 70 l ,;A/ r / ).-4!AII ,. ".'1 '11M CA ......n .. ... I 'AU .' \.\:./1..J. ~!.J. .J. .J. ..,....,.... "11.1 "'"IL PIe V,te,. .. 1IT..a. CO""&UI) .'" IIU. .....J.. 1ft... CAU....... .Il. ...I...LI llllU a.a"" .&: /1""'.." nl' ....u..m"" ,..elLAtAl .J. .J. .J. .J. .J. .J. .J. / i.OLM..... ".. 110"'1"1'111.& "'.IIKR"tA) \ . } \ -ch LJ --J- ~ ... ~~ ,f- rl 4- ,--I; ..JIll I ~~ =:; 'H " ..- ,.. ... D!Q V~ . fa ~\ lbji ~ .J LJ ~ ~ I 1 'l Hr ~ I 'ff:B' I \J'kI" III - '~-- f1~1 ,. Ilr r ~ \)1 ---- ---. ;r - __ ('d' ~\ s , \\ :c: 'U,. UII (...r'! ~~ . I..... I J . r.... III --- ~ J,~~, , ~. ~~ ...... ,,~ ,.~. (:. \\..-.v.~ ~ '. o,!:. o '-----l , . . ...:..y.~...:: .. J".lUIU ....,IP.WI CI....i"i I.ur.. ....... .......~........- . ... g L- "i;'w.-;-:':u~:,~~ '-dof ~~ ::;:!? J CI....... ...n..,..... bI....OlLt. ..........w - -........- ~-.-..-........,.. ) cr' ",.; J ~1 C....N ....~, V kwat... lu.un....... "'ICAI \ n i.I .-- ;:ur ~i~ \ I ~ f.....~ ... -- ~ ~ t: ~~. ~ ..~ ;.. I II - _ ~ rL --It ~ C1t- -F~ ~ I~I. .. ~ _ ""';II,~,,!- : 1m -L-i · ~~v: ~ '. ~ ~::il ~.. ~ . .-fW W ~ .!-. _.... '"" H<: ,....~.J I!J! '!l r T 1J) I !P11J )iiE:: 1 j rt V f '\,../' cu.;~~!'!!! .-" I.-: J" .. ~...Y 'C:J -. . ",' , ;:'1 , ..... m.-""'r~ ~ ~-' X'-'" ~I'><:P..... L ~-...~;..." -- ~ 0..' UUI . _______ ...... ~ ---- - ,'~ l. iR' r 11' U~ l -bj . .LI..t::1 . ~~-~ I~' ",..,]. Ii IIiiIiI I!: I ) I .. ) 'M ,'If. JI~ F Ir- ) ~I ~~!-, )~ -1f r.J: f_" J ~ *iI ~ \ E" ,;,tl . :J:] - 'R ~ ~~ I I IIiiIiI r..;y -- - .. - MtMUHY LAN~ ....... " ~r JO 60 90 I OCTOIEl 14, 2004 1".30' E!5i;?1::~ _u--~~~4A:~~~~~~EPJ .- 75~ . -1DJiBtig 71 !i! ci E ~ z J I- ~!l:! ; w I (/) ~ h w Ou. D. :J: .1 < (/) 0 ::i: ~ Z 0 >~ ~~~' ~ :t' ~~. I~ ..~ !~ " . I !. ~ll. ~ ;h i ~! I Ilh I il15 ~ ill i .U _ -,---;!.-M. NO~M~ _ ~ > ~ D::Wi <C 0:: :EO~ :E<C3 ~ -I~ en u a..~ ~>: -I-~ ~ ~ o::-~ <cO~ a.. U) III!,. II.. ~ !~1I1 Z ~~HI ~ \ ( Il1!t- lII~~i;:;;! I. . ;;. I . ~ . 1."ulll ; I"" I'.".'... Us !!! I.. = ~ ~ I iU .. ....; I . . . JUU"I'!. ,', I h , 758-101 72 ~ ; i. ! , .. i1 ~ i!: .. . q . I I L i !!l11;;~ : I !;l f'8 I I I , 'I ~I' ~iI~ I ! ~ II Iii il ~11iO IllS lit: P II ~ Illi Hlli!l! IIUlll:! ~IIP~~li" 11;!!!d!!lg: ;~~I !'IU ~ ! n h ~ 'I ~ t. i i · ~~~m!;iMS! I ~!'5tjill'@ @ciJril@ciJf '@@@l!JlliJllIJ tiJ -. ~ .dl ~ 'i~ II ~ !I! ;sl ~~a: ; '. i ~ · '~H . . ~ ~!I I'I~ Ii. "j ~ · I"! Iii ! I!~llh I ~l'l I ,'ilII1Hi i!! ' '~!I' ~ :1" 'I! : ~ip ~ :~.. !I~l! lp! i!!1I11 i~ 1!!ll!I~llii liii ----- ~'I;. ~j ! Ii U ;1!'li;nd:liiil!lil:~I:dii;~!!i.~ !1~hIM .. III . , .,.,~ ',,,,,."d'l" . , · gjl~.d"!=,=.".. "1,.. ' ; "''''':111. .. ~ :"= ~5' iir; J. ___~, I ~Bc I ~__-I_,.",..-::___ i. ,.:~;.~: '. . 758-102 en d I- Z W I- ~ ~ w ~ O~ en ~~!~ iH~ .i,=__ 1- ~Hi:! .1 ~~ .~ ~6 ~~ ~~ Z <C c( wi ..J Ill: c..Uo II.. Wc(::::i I- ..J <C - (.) U)Q._ ...J <C c(>-: ~I-<c Z -I- :J:uz U :; W I- I i i I i 11 : tH ~ ~ IWliw; . l'~:f~: I; i I!!~!{ f ;1;1 Ii ~~ n i ~ ~ ~ ~" ~ ~ i; Ii i.~. f: ~ ~'I ~ i , ~ 73 ~~ , I ~i h b " . . ~d I~ c, u w ~ & o '" w '" , Z o >= ~ ; b '": ~ ....\ ':..\:::::. ti ~, ~-,~ ~ii ~ ~ i'h E~h I (JL. > ~~ ~:r I ~ I ~pi ~~~ . ~ . ~ ~ :' !I hi ~ ~ " i!~~ Ii.. I:! I ~, ~d '. . ~, ~ ~;; '" <, u ~, -' a. I Ii: 0 z z 0 >= ~ ; o ~ : (It) ~ w I U) w 0... ::I: 0 U) ~I~~ q=-=- .3:si-i ." iH.. .1 ~, < wz Ill:: 00 LL. UJ <( ::i Z ...J < oa..~ - < I- >z (;) < W 1-< UJ_I- 0: en '" "-I U I;j w '" .... en ~ > ii2 a. ~ , Ii 0 ~ I~II ~ ~ ~d z o >= ~ i \. J1 V ---"I ~~ h I~ ..\j '\ .~ '~m a~ , h ~ ; '" al' U u, u ~ i l- I! 758-103 o. ~~ b~ ~~ ~O 74 !-lhiU I c:i E ~I ] H z ~ . II !II!-~ II Ii I .,. w ~" II! .... :z: ~~. - . II 'III ~ w (I) ~lh ~ it. ~~. ~~ w 0 ~~ !~ I!!! I~ .hl! ~i;' :z: ... .1 Ut-,!I" · (I) 0 ~ ~J!i!!1 ~!~!; ~ . l!Iol -'.-...-.... 758-104 z ~ c( WZ ...J 0 ~ D.. LL en<C3 en ...J c( w u o D.. ci U )-z <C .... c( c( w-... 0::: 0 Z - c( LL (I) 75 i ~I!!~I ~:5 I I I ~ !~I'~ !III ~ ~ ~!Im; lidil~ :~ t I 'L I , I..~I t dili~ t I 1'=' I !~ t i . I I I' 1"1 ! ~ ~ i~li i .1:' II 8 lihi I lli!!!!1 ~ II I!i! : Illdii !I:! f . ~ rM ~~ LO (0 LO (0 T"" 01 Z~ a. ~i <( ~ll IIIll:: ll~ ...:::::: ~~ ~{ ~;;! O s~ llll <( 15 a: ,~ I", ~ ~~ h W ~~ > I:! a ~~ -,,~ ~~Oi .A' ~;o ~ll~ ~ I~ z ~~ WllS 1II11 ~~ ~ C)~ Z - ~ (fJ W > 11I"~' "'IL~11 II I 1111 il L I~ II! I E I I I'll !Uil.!l II ! Jill I Ii 11'11" II II II 'III I 1;1 ~I II!;@ h~ ! ""lllll'i"llt I' Ippl ~ ill ~ I: I 1!~~!lhg! .~q! !I'~ 1''1 .. .. '!Ii" !. '1':' I I 'I 'I !1I1l ..I ,~,. .1 . 'I .,., 'g"!II "'1 .1 , jfiq'! .....SO! j' ~ II .i.i .~~ ~~ In .11.11 I~ 6 @ @ @:J:@ @ @ @@ @ @ . ~! I I'll ;., llll I'll '.11 J,liI "II 111'1 I I I I! I, ,. I 1I!lIIIlI ill Willi ~m ip ~ jI ~!i'111 ~ ~~Hq!!ndn ; !1i11,lllq!! p ~ !=IP,', Pili!!! j! ~ ~ I ~~.... ~i ~ ~~ ~ . II n I q; U) w U) a. <0 W 011. ," .A' LO <It v>~(O~[ Z i:: ~ LO .c: ::E -r- (01-::::1"1 ~<(~_~Z!S (fJ ~ 1 (ij :E .. wz~o~g >Wa:z~~ ~ L- _0 r- Olt o II. ~ ~ III.;:S ~IJ" ~ ~ "'Ii ~ ~!~ ~1!2 j~ii .~ ilJ2 I i.IH nh I I! i: I !III ~ nn ; :: III dll! ! lilh'l, 'I,ll . II III i' ~ n IIIII ~ ~!. I , I ,plii,. i !il PB ~~I!I!I IIi' i i; Hi' ili,lnil, I I!,I I!II ilil:'IPloihl!, h'lld · I I" " '~'I '" · I II". , · :'Ilfiiq I n: I: I i!d:hilll!! n ILl i I!'I pll ,~. :PIII'li"I' .11 I. ;Pl . II' Ii-! ! ql Ii!; 1'I"ill~II!!..i ;I illl I II !;I" ~ !II! II !;'n..:~'! I'!l. II III. 'II I II .II' 1ll'lllb.pll !I!II'I .. . I' I" I , 'I! I 'I I "I,lio Il'i iI nil lip I !Ii! !IIi IP~lli~I'ili ~i.d ~l nii.pn : iiil Hn i.ll'lIh!!q :, !P!! if !,!iLl!'! ! ~!il !ilt Bi:l!it!i1ilfl ii l,dn !I' '1IIt', -, -1",1113'11 ,II' 11'1 -; 1:'1 " ~. !II'I! I!' " · 0:: !li!!lI,'IIl:'lqpL: III 1"1101 d II ',' I'll! ~ il i'l I II'u,ljll.!lI, ~'l i Ii t ~ II llii hili ~ il ~ In! Ini i,l!!ini!.!!h l: III&: !!, 11'1 , , , "I i " 1'1 I .I! i,:1 III 1111 !'1 Iii! p, 1(1'11 .. I-I 'I' ., .. : ,I I 1'1 IlIllBi~ I WI' 'Iiin 'q II.. " !hl :dll i'l I'.' IPI' ~ aI.1 ,hI I !!I I "I il ,I, 1 .q,lnl ! ,!, i'! Pi lli~ III ii 1I.lnn i, 1,-: d, .I! I,' iii, 1,'IHoIl , .. II: III 1-1 II' ill; PiPI n Iii !!, hi I!~ ;1 il II,I,;I! 'I !'1 Ii I II! Ii,' III, Ii h nH; I. I" 1(' .'! If I ~, 'I 1'1'1'1 "01 1,:= ',-! i!l 'II: I !ill'. I jii! II "11 !'ll' III ,d, 1111 II II 111;1 !; I II HIS, -nl 'II 'I Illli i,'.( !I=' I, PI 'I , f, I! n:. liil!I"" ,'!'I 5 " ,ql II, illl'll i I hI, ill U, illl~liI I' ..II" :':1" ,,;,,'; ! i ,.1;., Ii' ~, ~ 1,1'011,11- d 11.'0 '1'1".-11 1 '1 'I' -, I- i:I lo! I I' III 11.111 I. "!II 'i", I ~,I.i .11 ~ III! ,! I I ,I 758-105 76 d z 0..: <(~ ~ ~ s' ::;,./ !~I/; r\ 01- ~~a a~8 <( I~~ a: ,S~ I- I ~~U-4 i~8 ! W ~:~ · > ~~~ t -!ilia 1-<( ~I~ a9~ I- ~:u Z~ W~ I- ~ Z - I- C/) W > ~I i, ; ~ I In!;! Uln .. II : I It g: !<l:SIH e. I: II CI) w CI) a.. <0 On. ~ ~ ~ ~ ~~ Z-I-"'::::;LOoe(~ - co~....... I- <( 1-,... ~~ ~ C/)I-O .CI)~'" WZ<(O~~ >Wa:z~o 1-1- _0 00:: o IL ] ~. -< ~ · - II: l; LO co LO co ,... ~IH Uii ~~h i.ui ~ ~ I ~ ii ." ,\\. "; \.'\: , ->", , \ ,~~ \'" \t, , t., \" , ~ \ i : \f 1 ~ i \J\ 1\ 758-106 77 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE CITY PLACE PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report ER-2004-01, State Clearinghouse No. 20040418 for the City Place project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the City Place project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the Draft EIR, the Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the Draft EIR was prepared by consultants retained by City staff, subject to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the City Place project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMP, which is contained in the Final EIR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved proj ect to reduce or avoid significant adverse impacts of the project on the environment. This MMP will ensure CEQA compliance during project implementation. 3,0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES U:\DBottlwp51 \ City Place findings. doc ZOA 04-6/EIR 04-1/DA 04-4 September 29,2004 CUP 04-28/SPR 05-5 VEt~'111 Page 1 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City Place project site is in the northeast part of the City of Santa Ana and is generally bounded by Main Street to the west, Lawson Way to the east, Memory Lane to the south and Town and Country Street to the north. The City of Orange borders the project site to the north. Local access to the project site would be provided from Main Street and Memory Lane. Regional access to the project site would be provided by Interstate 5 (1-5) to the south and State Route 22 (SR 22) to the north. TransAction Companies, Ltd. is proposing the City Place project on the 17.7-acre project site. The project proposes a mixed use development with a total of 57,700 square feet of commercial uses, consisting of 21,900 square feet of restaurant uses, 33,800 square feet of retail uses, 2,000 square feet of restaurant/retail, 74 live/work residential units and 168 town homes. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. The objectives for the City Place project are to: · Develop the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas, and that maximizes the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. · Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. · Expand live/work residential opportunities in the City of Santa Ana. · Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. · Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the City Place project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the City Place site plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: U: \DBottlwp51 lCity Place findings. doc September 29, 2004 Page 2 758-108 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings · Amendment to Specific Development Plan SD-58 to modify the adopted SD-58 to reflect the proposed commercial and residential uses and establish site development standards and parking requirements for the project. · Conditional Use Permit for the proposed live/work units. . Tentative Tract Map for condominium purposes. . Approval of a Development Agreement 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the City Place project on July 5, 2004, for a 30-day review period. The NOP/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations and other interested parties in the project area. The NOP/IS is provided in Appendix A of the EIR. The distribution list for the NOP/IS is provided in Appendix B ofthe EIR. The City of Santa Ana received nine written responses to the NOP. Copies of these comment letters are provided in Appendix C of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a public scoping meeting for the City Place project on July 28, 2004. The meeting was held from 5:30 PM to 7:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was included in the Project NOP. A copy of the NOP scoping notice is provided in Appendix B in the EIR. Approximately eight individuals attended the scoping meeting. Five of the attendees submitted comment cards indicating the desire to be kept informed of future actions/activities concerning the City Place project. These cards are included in Appendix C in the EIR. Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the following environmental issues: aesthetics; air quality; cultural resources; hazardous materials; hydrology and water quality; noise; public services; transportation and circulation; land use; and utilities and service systems. 3.2.3 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the City Place Project for public review between October 15, 2004 and November 29,2004. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Completion U: \DBott\wp51 ICity Place findings. doc September 29, 2004 Page 3 758-109 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on October 15,2004, posted on the project site and filed with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B in the R TC Report. The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the City Place project were received from the following: State. Regional and Local Agencies California Department of Transportation Governor's Office of Planning and Research Southern California Association of Government Orange County Transportation Authority City oflrvine City of Orange Businesses. Groups and Organizations Park Santiago Neighborhood Association Draft EIR Committee Members of the General Public Jeff Dickman Philip Schwab Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place project as part of the regularly scheduled October 25, 2004 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft EIR. Appendix D in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the RTC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for the City Place project on December 13, 2004. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft EIR for the City place project. Appendix E in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the R TC Report. U: \DBott\wp51 ICity Place findings. doc September 29, 2004 Page 4 758-110 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Written Responses to Written Comments and Input from the Planning Commission Public Hearing The City evaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that".. .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.2 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: ( a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; U: IDBottlwp51 ICity Place jindings.doc September 29, 2004 Page 5 758-111 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the R TC Report; (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP and (t) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the City Place project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place project. The following Findings are made with respect to each significant adverse environmental impact of the City Place project. In addition, the following Findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: · Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and/or City of Santa Ana standard conditions of approval. · Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the City Place project will result in some significant adverse impacts, which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the City Place project, one of the following findings must be made, including the provision of facts supporting each finding: · Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. · Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. · Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. U: IDBott\wp51 ICity Place findings. doc September 29, 2004 Page 6 758-112 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Short Term Air Quality Impacts Potentially Significant Adverse Impact Related to Short-Term Construction NO" Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-term nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NO" Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Construction NO" Emissions There are no feasible mitigation measures to substantially reduce NOx emISSIons during construction. Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction. AQ-l All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. U: \DBottlwp51 lCity Place findings. doc September 29, 2004 Page 7 758-113 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings AQ-6 The project applicant will be required to name a construction relations officer to act as a community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activities. AQ-8 After January 1,2005, no person shall conduct an active operation with a disturbed surface area of five or more acres, or with a daily import or export of 100 cubic yards of bulk material without utilizing at least one of the measures listed below. · Install a pad consisting of washed gravel (minimmn-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30-feet wide and at least 50- feet long. · Pave the surface extending at least 100-feet and at least 20-feet wide. · Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24-feet long and lO-feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. · Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. · Any other control measures approved by the Executive Officer and the U.S. EP A as equivalent to the actions specifies in subparagraphs (d)95)(A) through (d)(5)(D). Level of Significance of Impacts Related to Construction NOy Emissions The short term adverse impacts of the City Place project related to NOx emissions during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts Potentially Significant Adverse Impact Related to Long Term Ooerational NOy. CO and ROG Emissions As described in Section 4.3 in the EIR, the operation of the City Place project will result in adverse air quality impacts related to regional NOx, carbon monoxide (CO) and reactive organic gases (ROG) emissions. Finding Related to Long Term Regional NOy. CO and ROG Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Long Term Regional NOy. CO and ROG Emissions U: IDBott\wp51 \City Place jindings, doc September 29, 2004 Page 8 758-114 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings There are no feasible mitigation measures to substantially reduce NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse impacts during operation of the City Place project related to regional NOx, CO and ROG emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measure will lessen air quality impacts AQ-7 The project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restaurant Cooking Fumes. Level of Significance of Impacts Related to Long Term Regional NOx. CO and ROG Emissions The adverse operational impacts of the City Place project related to long term operational NOx, CO and ROG emissions cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality Potentially Significant Cumulative Adverse Impact Related to Air Quality As discussed above, the construction related NOx emissions of the proposed project and the operations related NOx, ROG and CO emissions of the proposed project would exceed the applicable South Coast Air Quality Management District (SCAQMD) thresholds for these criteria pollutants. The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), which is already a nonattainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance. Regional programs to reach air quality goals and standards will be adhered to by the cumulative projects, reducing the impact. However, the incremental increase is considered significant and adverse when added to the existing nonattainment levels of the Basin. Finding Related to Cumulative Air Quality Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support ofthe Finding Related to Cumulative Air Quality There are no feasible mitigation measures to substantially reduce NOx emISSIons during construction and regional NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse air quality impacts during construction and operation of the City Place project cannot be reduced to below a level of significance. Therefore, the City Place project will contribute cumulatively to adverse air quality impacts in the Basin. Level of Significance of Impacts Related to Cumulative Air Ouality U: \DBott\wp51 ICity Place findings,doc September 29, 2004 Page 9 758-115 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The contribution of the City Place project to cumulatively adverse impacts related to NOx emissions during construction and NOx, CO and ROG emissions during operation cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation Potentially Significant Adverse Impacts To The Intersection of Main Street and 1 th Street As described in Section 4.9 in the EIR, the long-term operation of the City Place project will result in significant adverse traffic impacts at the intersection of Main Street and 17th Street. Finding Related to Impacts To The Intersection of Main Street and 17th Street Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Impacts To The Intersection of Main Street and 17th Street As described in Section 4.9 of the EIR, there are no feasible mitigation measures to reduce project traffic impacts at the intersection of Main Street and 17th Street to a level that is less than significant. Level of Significance of Impacts Related to Impacts To The Intersection Of Main Street and 17th Street The project traffic impacts at the intersection of Main Street and 17th Street cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts ofthe City Place project, which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation ofthe identified project mitigation measures. 4.2.1 Impacts Related to Air Quality Potentially Significant Adverse Impacts Related to Short Term Air Quality Impacts During construction of the City Place project, ROG emissions from the application of architectural coatings would exceed the SCAQMD daily construction emission thresholds for ROG. U: \DBottlwp51 I City Place findings. doc September 29, 2004 Page 10 758-116 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Short Term Air Quality Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Short Term Air Quality Impacts Implementation of mitigation measure AQ-5, provided below, will substantially lessen the adverse impacts of the City Place project related to ROG emissions during construction, and will reduce this potentially significant adverse impact to below a level of significance. AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: http://www.aqmd.govlbusiness/brochures/zerovoc.html http://www.delta-institute.orglpublications/paints.pdf http://www.c1eanaircounts.orglfactsheetsIFS%20PDF ILow%20VOC%20Paint.pdf Level of Significance of Impacts Related to Short Term Air Quality Impacts The adverse impacts of the City Place project related to ROG emissions during construction will be mitigated to below a level of significance based on the implementation of mitigation measure AQ-5. 4.2.2 Impacts Related to Impacts To Cultural Resources Potentiallv Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 in the EIR, there is potential that construction of the City Place project could have a significant adverse impact on unknown cultural resources which might exist on the project site. Findings Related to impacts to Cultural Resources Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Cultural Resources Implementation of mitigation measures C-l and C-2, provided below, will substantially lessen the adverse impacts of the City Place project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance. U: IDBottlwp51 I City Place jindings, doc September 29, 2004 Page 11 758-117 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings C-l If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within immediate vicinity of the finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to of Native American origin. This process can involve, but is not limited to re-interment of said remains on- or ff site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative. Level of Significance of Impacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance based on the implementation of mitigation measures C-l, and C-2, provided above. 4.2.3 Impacts Related to Hydrology and Water Quality Potentially Significant Adverse Impacts Related to Water Quality Impacts As discussed in Section 4.6 in the EIR, the construction and operation of the City Place project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried from the site in runoff. Findings Related to Water Quality Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Water Quality Impacts Implementation of mitigation measures W-3 during construction and W-4 during operation, provided below, will substantially lessen the adverse impacts of the City Place project related to water quality during construction, and will reduce this potentially significant adverse impact to below a level of significance. For Construction (Storm Water Pollution Prevention Plan (SWPPP) W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 12 758-118 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on site using structural controls such as sandbags, fencing or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities or adjacent properties via runoff, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to minimize transport for the site to streets, drainage facilities or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. f) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Quality Management Plant (WQMP) W-4 Prior to finalizing design plans, a WQMP shall be prepared addressing post construction storm water runoff This will consist primarily of structural BMPs addressing the urban runoff from the site. As part of the final design plans for the parking lot, drainage for the parking area shall be fitted with structural BMPs to reduce or eliminate urban runoff in the form of catch basins with filters (most likely fossil) or other equivalent filtration device that are regularly maintained and cleared so as to remain effective throughout the storm season. Regular clearing of large debris after a storm to shall be incorporated into the ongoing maintenance program for the City Place project site. Level of Significance of Impacts Related to Water Quality U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 13 758-119 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to water quality will be mitigated to below a level of significance based on implementation of measures W-3 and W-4. Potentially Significant Adverse Impacts Related to Drainage As discussed in Section 4.6, the development of the project site for the proposed project will result in a substantial increase in the amount of impervious surfaces on the site which could result in increase storm water runoff and potential drainage impacts. Findings Related to Drainage Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Drainage Impacts Implementation of mitigation measures W-1 and W-2, provided below, will substantially lessen the adverse impacts of the City Place project related to drainage, and will reduce this potentially significant adverse impact to below a level of significance. W-1 Prior to issuance of grading permits, the applicant shall submit a final drainage plan identifying the exact size and location of drainage facilities. W -2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permits. Level of Significance of Impacts Related to Drainage Iml'acts The adverse impacts of the City Place project related to drainage will be mitigated to below a level of significance based on implementation of measures W -1, and W -2. 4.2.4 Impacts Related to Noise Findings Related to Operational Interior Noise Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Ot>erational Interior Noise Impacts As discussed in Section 4.7 of the EIR, the interior of the residential structures fronting Main Street, Memory Lane and Lawson Way may be exposed to noise from traffic in excess of interior standards, 45 dBA CNEL. Therefore, mitigation measure N-5 below will ensure that interior standards are met through appropriate design of these structures. U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 14 758-120 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings N-5 Noise insulation would be installed to ensure that California's title 24 interior noise standard of 45 dBA CNEL is achieved for those residences abutting Main Street, Memory Lane and Lawson Way. This noise insulation would include sound rated doorways, windows, baffling and other measures to ensure compliance of the interior noise standard. An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards. An acoustical report shall be prepared and approved that identifies the building materials needed to meet the Title 24 Interior Noise Standard. Level of Significance of Impacts Related to Operational Interior Noise Impacts The adverse impacts of the City Place project related to operational interior noise will be mitigated to below a level of significance based on the implementation of mitigation measure N- 5. 4.2.5 Impacts Related to Traffic Findings Related to Impacts at Intersection of Main Street and La Veta Avenue Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts At the Intersection of Main Street and La V eta Avenue As discussed in Section 4.9 of the EIR, for the 2006 traffic conditions, the intersection of Main Street and La Veta Avenue will operate at unacceptable LOS E both with and without the project during the PM peak. The implementation of mitigation measure T-l and T-2 below will improve the level of service to acceptable LOS D in the PM peak for both opening year (2006) and 2025. T -1 Prior to the issuance of certificate of occupancy permits, and subject to the approval of the City of Orange, the applicant shall restripe the intersection of Main Street and La Veta A venue to provide an additional northbound through lane and convert the existing westbound right-turn lane to an optional thru-right turn lane. T -2 Prior to the issuance of building permits the applicant shall pay Transportation System Impact Area fees to be deposited with the joint powers authority. Level of Significance of Impacts Related to Impacts at the Intersection of Main Street and La V eta Avenue The adverse impacts of the City Place project related to impacts at the intersection of Main Street and La V eta Avenue will be mitigated to below a level of significance based on implementation of measures T-l and T-2. U: \DBottlwp51 I City Place findings. doc September 29,2004 Page 15 758-121 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Impacts at Lawson Way Segment Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the ElK Facts in Support of the Finding Related to Lawson Way Segment As discussed in Section 4.9 of the EIR, in 2025, the segment of Lawson Way between Memory Lane and Town Country road will be significantly impacted by project related traffic. The implementation of mitigation measure T-3 and T-4 below will improve the level of service to acceptable LOS A for 2025 traffic conditions. T -3 Prior to issuance of certificate of occupancy permits the applicant shall coordinate with the City of Orange for the removal of on street parking along Lawson Way between Memory Lane and Town and Country Road. This will require approval from the City of Orange Traffic Commission T -4 Prior to the issuance of certificate of occupancy permits, and subject to the City of orange's approval, the applicant shall restripe Lawson Way to provide two lanes in direction between Memory Lane and Town Country Road. Level of Significance of Impacts Related to Impacts at the Lawson Way Segment The adverse impacts of the City Place project related to impacts at the Lawson Way segment will be mitigated to below a level of significance based on implementation of mitigation measures T- 3 and T-4. Findings Related to Impacts at Intersection of Memory Lane and Lawson Way Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts at Intersection of Memory Lane and Lawson Way As discussed in Section 4.9 of the EIR, the planning warrant analysis shows that traffic signal installation is warranted at the intersection of Lawson Way and Memory Lane. The implementation of mitigation measure T -5 below will ensure that intersection will operate at an acceptable level of service. T -5 Prior to the issuance of certificate of occupancy permits the applicant shall pay full costs for a traffic signal at Memory Lane and Lawson Way. Level of Significance of Impacts Related to Impacts at the Intersection of Memory Lane and Lawson Way U: \DBottlwp51 ICity Place findings, doc September 29, 2004 Page 16 758-122 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to impacts at the intersection of Memory Lane and Lawson Way will be mitigated to below a level of significance based on implementation of mitigation measure T-5. 4.2.5 Impacts Related to Public Services Findings Related to Impacts on ParksIRecreation Facilities Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts on ParksIRecreation Facilities As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for parks and recreation facilities and would further the open space/population ratio imbalance in the City. The implementation of mitigation measures P-3 and P-4 would reduce potential impacts to a level that is below significant. P-3 Prior to the issuance of certificate of the first occupancy permit, the proposed project shall comply with the City's public parkland dedication requirements through provision of private open space, land dedication, fees or other vehicles acceptable to the City. P-4 Prior to the issuance of the first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place project to Santiago Park. Level of Significance of Impacts Related to Parks and Recreation Facilities The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of measures P-3 and P-4. 4.2.6 Impacts Related to Geology Findings Related to Seismic Shaking Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Seismic Shaking Impacts As discussed in Section 3.7 of the EIR, the City Place project could be subject seismic shaking impacts in the event an earthquake occurs within the vicinity of the project site. The implementation of mitigation measure G-2 would reduce potential impacts to a level that is below significant. U: \DBottlwp51 I City Place findings. doc September 29, 2004 Page 17 758-123 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings G-2 Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies the seismic constraints on the project site, building loads and design recommendations to reduce potential seismic impacts to a level less than significant. Level of Significance oflmpacts Related to Seismic Shaking Impacts The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of mitigation measure G-2. Findings Related to Geologic Stability Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Geologic Stability Impacts As discussed in Section 3.7 of the EIR, the City Place project site is subject to geologic constraints that could impact the geotechnical stability of the project. The implementation of mitigation measure G-l would reduce potential impacts to a level that is below significant. G-l Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies soil constraints on the project site, building loads and design recommendations to ensure the geologic stability ofthe project. Level of Significance of Impacts Related to Geologic Stability Impacts The adverse impacts of the City Place project related to geologic stability will be mitigated to below a level of significance based on implementation of mitigation measure G-l. 4.3 IMPACTS FOUND ADVERSE, BUT NOT SIGNIFICANT AND PROJECT ENHANCEMENT MEASURES TO MINIMIZE IMP ACTS Potentially adverse, but not significant impacts are identified in this section. Project enhancement measures are identified to minimize adverse impacts associated with implementation of the City Place project. 4.3.1 Impacts Related to Construction Noise Findings Related to Construction Noise Project enhancement measures have been required in, or incorporated into, the project which lessen construction related impacts as identified in the EIR. Facts in Support ofthe Finding Related to Construction Noise U: IDBottlwp51 I City Place jindings, doc September 29, 2004 Page 18 758-124 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.7 in the EIR, although the construction of the City Place would not result in significant adverse noise impacts, project enhancement measures N-I, N-2, N-3 and N-6 below are incorporated in the proposed City Place project to minimize the generation of noise during construction. N-I During all site preparation, grading and construction, the contractor will be required to ensure that all construction equipment is in proper operating condition and fitted with standard factory noise attenuation features. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. N-2 During final design, the applicant will prepare a traffic haul plan for review and approval by the City of Santa Ana. The contractor will be required to use only the approved haul routes to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. N-3 During all site preparation, grading and construction, the contractor will be required to site all construction staging and storage areas away from Lawson Way, to minimize noise impacts on the senior citizen retirement facility on the east side of Lawson Way N-6 Construction operations for the proposed project shall be limited to 7:30 AM to 4:30 PM Monday through Saturday, and no construction operations on Sunday or Federal Holidays. Level of Significance of Impacts Related to Construction Noise Construction related noise impacts associated with the project would be less than significant. Findings Related to Operational Exterior Noise Impacts Project enhancement measures have been required in, or incorporated into, the project which lessen operational exterior noise impacts as identified in the EIR. Facts in Support of the Finding Related to Operational Exterior Noise Impacts As discussed in Section 4. 7 (Noise) in the EIR, even though the operation of the City Place project will not result in significant adverse noise impacts, project enhancement measure N-4 below, is designed to reduce noise levels associated with mechanical equipment. In addition, the operation of the proposed City Place project will be required to comply with City of Santa Ana Ordinances related to noise control during operations. N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, enclosures, parapets and/or other noise attenuation features, so that noise generated by the operation of this equipment does not exceed the applicable City noise standard at sensitive receptor locations. U: IDBottlwp51 \ City Place findings, doc September 29, 2004 Page 19 758-125 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Level of Significance of Impacts related to Operational Exterior Noise Operational exterior noise impacts associated with the project would be less than significant. 4.3.2 Impacts Related to Public Services Findings Related to Impacts on to Police Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Police Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for police services. However, according to the Santa Ana Police Department the impact would not be significant. The implementation ofproject enhancement measure P-l would minimize potential impacts to police services. P-l Prior to the issuance of occupancy permits, the applicant shall coordinate with the City Police department to prepare a Security Plan for the commercial and residential components of the project. This plan shall be subject to the review and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access. Recommendations resulting from the project review by the City Police Department would be incorporated into the project. Level of Significance of Impacts Related to Police Services The adverse impacts of the City Place project related to Police Services will be minimized with the implementation of mitigation measure P-l. Findings Related to Impacts to School Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to School Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for school services. However, according to the Santa Ana Unified School District and the Orange Unified School District this impact would not be significant. The implementation of project enhancement measure P-2 would minimize potential impacts to school services. P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Santa Ana School District and Orange Unified School District. Level of Significance of Impacts Related to School Services U: \DBott\wp51 \ City Place findings. doc September 29, 2004 Page 20 758-126 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to School Services will be minimized with the implementation ofproject enhancement measure P-2. 4.3.3 Impacts Related to Utility Service Systems Findings Related to Utility Service System Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Utility Service Systems As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for utility service systems. However, the impact would not be significant. The implementation of project enhancement measures U-I through U-5 would minimize potential impacts to utility service systems. U-I The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector. U-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-4 The applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation ofthe project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site. Coordination with SBC during the development stage would facilitate service connection. Level of Significance of Impacts Related to Utility Service Systems The adverse impacts of the City Place project related to utility service systems will be minimized with the implementation of project enhancement measures U-I to U-5. Section 4.2.4 Impacts Related to Safety Hazard Findings Related to Safety Hazard Impacts U: IDBottlwp51 ICity Place findings,doc September 29, 2004 Page 21 758-127 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Safety Hazard Impacts As discussed in Section 4.5 of the EIR, the potential impacts of the proposed project related to the abandoned jet fuel line would be less than significant. However, there is slight possibility that the existing underground jet fuel line could become active. Therefore, the following precautionary project enhancement measure is included to ensure full disclosure of the fuel line to future property owners. H-l Prior to the issuance of certificate of use and occupancy, a special disclosure statement of the presence of the jet fuel line is required to be included in all subdivision maps and deeds associated with the project site. Level of Significance of Impacts Related to Safety Hazards The adverse impacts of the City Place project related to safety hazards will be minimized with the implementation ofproject enhancement measure H-L 4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the City Place project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (potentially Significant Adverse Impacts of the City Place Project Which Can Be Mitigated to Below a Level of Significance), above, no other potentially significant adverse project specific impacts ofthe proposed project are anticipated to occur. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The findings of the IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, that the following effects of the proj ect would have no significant adverse or no adverse impact on the environment. 4.3.1 Aesthetics Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to light, scenic vistas and scenic resources. As described in U: IDBottlwp51 lCity Place findings, doc September 29, 2004 Page 22 758-128 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Section 4.2 (Aesthetics) in the EIR, the City Place project will not substantially degrade the existing visual character or quality of the site and its surroundings; the project will enhance the visual appearance of the site, from a vacant parcel, to a modem urban development. Therefore, the City Place project will not result in adverse impacts related to aesthetics and no mitigation is required. 4.3.2 Air Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place Project will not result in significant adverse impacts related to odors and no mitigation is required. 4.3.3 Cultural Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to currently known and recorded historic, prehistoric and archeological resources. No mitigation is required. 4.3.4 Hazardous Materials Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to documented hazardous materials or hazardous substances sites, use of hazardous materials during construction and operations, airport operations and airport plans. No mitigation is required. 4.3.5 Hydrology and Water Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to groundwater recharge and natural water bodies 4.3.6 Noise Based on the analysis summarized in Section 3.0 in the EIR, the project site is not impacted by aircraft noise that would exceed State or local noise standards. Based on the analysis summarized in Section 4.7, implementation of the City Place would not increase significantly increase long-term noise levels within the project area. No mitigation required. ' 4.3.7 Public Services As discussed in Section 4.8 (public Services) in the EIR, the City Place project would require compliance with the requirements of the Santa Ana Fire Department (SAFD) regarding building fire and safety features. The increased demand for SAFD fire and emergency services for the proposed project will not result in the need for new or expanded SAFD facilities. Therefore, the proposed project will not result in a significant adverse impact related to fire and emergency services. No mitigation is required. U: IDBottlwp51 \City Place findings. doc September 29, 2004 Page 23 758-129 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.8, the City Place project would result in an incremental increase in demand for library services. However, this is minimal and would not affect the City's ability to provide library services. No mitigation is required. 4.3.8 Transportation and Circulation Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to air traffic patterns, hazardous street conditions, access, pedestrian walkways and bicycle parking facilities. No mitigation is required. 4.3.9 Land Use Based on the analysis summarized in Section 3.0 and analyzed in Section 4.11 of the EIR, the City Place project will not result in significant adverse impacts related to division of an established community and consistency with applicable land use plans and adopted demographic projections. No mitigation is required. 4.3.10 Agriculture Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to agricultural resources. No mitigation is required. 4.3.11 Population and Housing Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to growth or the displacement of existing residential uses. No mitigation is required. 4.3.12 Geology Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to ground surface rupture, unique geological or topographical features, or the use of alternative waste water or septic systems. No mitigation is required. 4.3.13 Biological Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands or habitat conservation plans. No mitigation is required. 4.3.15 Mineral Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to mineral resources. No mitigation is required. U: IDBott\wp51 lCity Place findings. doc September 29, 2004 Page 24 758-130 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition ofproject approval in order to ensure compliance during project implementation. The MMP for the City Place project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse proj ect impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation ofthe project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the City Place project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the City Place project. The City approves and will implement all the mitigation measures in the Final EIR. 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected the alternatives discussed below for a variety of reasons. The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives. 6.1 ALTERNATNES CONSIDERED BUT REJECTED Potential alternatives to the City Place project that were considered by the City but rejected and not evaluated in the current EIR are based on City of Santa Ana EIR 92-02, certified by the City of Santa Ana City Council in 1992, for the approved Main Street Concourse Project. In addition, no alternative site for the proposed project was considered in this EIR. These alternatives which were considered by the City but which were not carried forward for detailed analysis in the EIR are described in the following Sections. U: IDBott\wp51 lCity Place findings. doc September 29, 2004 Page 25 758-131 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 6.1.1 Alternatives from the 1992 EIR In 1992, the Santa Ana City Council certified the final EIR for the proposed Main Street Concourse Project and approved that proposed project. In addition to the approved project, the Final EIR evaluated three other build alternatives and a No Project Alternative. The build alternatives considered in that EIR were reevaluated as possible alternatives to the currently proposed City Place Project. Those alternatives were rejected as described below and, therefore, were not evaluated in the EIR for the City Place project. Alternative B: Reduced Density Garden Office This Alternative assumed development of the project site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation. Under this Alternative, it was assumed that the site would be developed under the District Center (DC) designation, but at a lower floor area ratio than the maximum possible under the General Plan designation. This Alternative assumed that the site would be developed with 244,000 square feet of retail center and garden space uses. There would be no residential uses on the site under this Alternative. This Alternative proposed substantially reduced land uses on the project site compared to the approved Main Street Concourse Project. This Alternative was not considered further in the EIR the City Place project because: · Alternative B does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, such as proposed as part of the City Place project, is consistent with the Santa Ana General Plan. · Alternative B proposed a different range of land uses, with more commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative B would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic. For these reasons, this Alternative was rej ected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative C: Alternative Land Use (All Office) This Alternative assumed development of the project site with two 92,000 square foot, two-story garden style office buildings, and retail and commercial uses similar to the approved Main Street Concourse Project, including retail, restaurant, cinema and health club uses. There would be no residential uses on the project site under this Alternative. This Alternative was not considered further in the EIR for the City Place project because: · Alternative C does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, as proposed under the City Place proj ect, is consistent with the City of Santa Ana General Plan. U: IDBott\wp51 \City Place findings,doc September 29, 2004 Page 26 758-132 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings · Alternative C proposed a different density of land uses, with commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative C would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative D: General Plan Consistency This Alternative assumed development of the site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation, at a floor area ratio (FAR) of 1.5, which was the FAR permitted on the site under the General Plan at that time. Under this Alternative, it was assumed that the site would be developed with 1.1 million square feet of uses, including three high rise office towers (15, 17 and 23 stories), retail, restaurant, cinema, health club and 36 single family residential units. This Alternative proposed reduced land uses on the project site compared to the approved Main Street Concourse Project, with approximately 0.4 million fewer square feet of development. In addition, two of the office towers under Alternative D would be fewer stories than under the Main Street Concourse Project which proposed one 20-stOlY and one 32-story office tower. Alternative D also proposed slightly fewer residential units than the approved project, at a total of 146 single family and high density residential units versus a total of 278 residential units under the Main Street Concourse Project. This Alternative was not considered further in the EIR for the City Place project because: · Alternative D proposed substantially greater development on the project site than the City Place project. Therefore, the land uses proposed under Alternative D would likely increase and not reduce or avoid the potential adverse impacts of the City Place project related to air quality, traffic, and cumulative air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. 6.1.2 Alternative Site for the Proposed Project The EIR for the City Place project did not analyze an alternative site for the proposed project because the applicant does not own or control another suitable property in the City of Santa Ana. In addition, there are no other known sites of this size available in the City that could accommodate a project of this type. The City Place project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent than at the proposed site. Therefore, locating the proposed project at another site in the City would basically shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts. The traffic impacts which occur in the City of Orange under the City Place project could possibly be located to an area entirely within the City of Santa Ana if an alternative U: \DBott\wp51 \ City Place findings. doc September 29, 2004 Page 27 758-133 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings project site were considered, but the level of impact would remain comparable. As a result, an alternative site for the City Place project was not evaluated in the EIR. 6.2 NO PROJECT ALTERNATIVES 6.2.1 No ProjectlExisting Conditions Alternative This No Project Alternative assumes that the existing uses on the 17.7 acre project site are retained and that no development occurs on the site. With this Alternative, the site would remain vacant and no residential or commercial uses would be developed on this site. Table 9-1 from the EIR, on the following page, indicates that the No ProjectlExisting Conditions Alternative would not meet any of the City or applicant objectives for the City Place project. 6.2.2 No ProjectlExisting Entitlement Alternative This No Project Alternative assumes that the approximately 17.7 acre project site would be developed consistent with the existing approved entitlements for the project site which would allow for the development of the previously approved Main Street Concourse Project consisting of up to 1.96 million square feet of office, retail and hotel uses, and 280 residential units. The existing entitlements for the project site reflect approved development as assessed in City of Santa Ana EIR 90-2 which was certified by the Santa Ana City Council in April 1992. This No Project Alternative would result in approximately 1.91 million more square feet of commercial uses (office, retail and hotel) and 38 more residential units on the project site than under the City Place project. This No Project Alternative would result in substantially greater land use densities on the project site than the proposed project. The No ProjectlExisting Entitlement Alternative would meet all of the objectives for the City Place project. 6.3 DESIGN ALTERNATIVE The Design Alternative reduces the development on the project site by 123,434 square feet and would result in a reduction of overall density and FARon the project site. The Design Alternative would only marginally reduce impacts compared to the proposed project for hydrology and water quality, noise, public services and utilities and service systems. The Design Alternative would have no change on impacts compared to the proposed project on aesthetics, air quality, cultural resources and hazardous materials. The Design Alternative would result in reduced traffic impacts in the short and long term, but not enough to reduce the impact to below a level of significance. The Design Alternative would meet all of the objectives for the City Place project. 6.4 COMPARISON OF IMPACTS Table 9-1 in the EIR, provided on the following page, compares the unavoidable adverse impacts of the City Place project and the No ProjectlExisting Conditions, No ProjectlExisting Entitlement and Design Alternatives. TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 28 758-134 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Impact City Place Project No Project I No Project I Existing Design Alternative Catel!:orv Existinl!: Conditions Entitlement Aesthetics Less than significant No impact. No significant Similar to under the impact adverse impact after City Place project. mitigation. Air Quality Unavoidable significant No impact. Substantially greater Similar to under the short term, long term short and long term City Place project. and cumulative impacts impacts which cannot all be mitigated to below a level of significance. Cultural Less than significant No impact. Same as under the Similar to under the Resources impact with City Place project. City Place project. incorporation of mitigation Hazardous Less than significant No impact. Substantially greater Similar to under the Materials impact than under the City City Place project. Place project; can be mitigated to below a level of significance. Hydrology and Less than significant No impact. Similar to the City Similar to under the Water Quality impact with Place project for City Place project. incorporation of hydrology; greater for mitigation water quality; impacts can be mitigated to below a level of significance. Noise Less than significant No impact. Greater than under Similar to under the short term impacts the City Place project; City Place project. Less than significant can be mitigated to long term impact with below a level of incorporation of significance. mitigation Public Services Less than Significant - No impact. Greater than under Similar to under the Police, Fire Services, the City Place project; City Place project. school, library services can be mitigated to Less than significant below a level of park impacts with significance. incorporation of mitigation Transportation Unavoidable significant No impact. Substantially greater Similar to under the and Traffic impacts to Main than under the City City Place project. Street/17th Street Place project; cannot intersection all be mitigated to Less than significant below a level of impacts to Lawson significance. Way, Main Street/La Veta intersection and Memory LanelLawson Way intersection with incorporation of mitigation Utilities and Less than significant No impact. Substantially greater Similar to under the Service than under the City City Place project. Svstems Place project; cannot U: \DBott\wp51 I City Place findings,doc September 29, 2004 Page 29 758-135 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Land Use TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) No Project / No Project / Existing Design Alternative Existinl!: Conditions Entitlement all be mitigated to below a level of silmificance. Less than significant No impact No impact Less than impact significant imnact Source: Draft Focused Environmental Impact Report for the City Place Project (P&D Consultants, 2004). Impact Cate20ry City Place Project 6.5 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The City Place project, the No ProjectJExisting Entitlements and Design Alternatives would result in environmental impacts greater than the No ProjectJExisting Conditions Alternative. Therefore, the No ProjectJExisting Conditions Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of that alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally supenor alternative when the No Project Alternative IS selected as the Environmentally Superior Alternative. Many of the environmental impacts of the City Place project are related to the size or intensity of the development and in general, projects with higher density will generally result in more adverse impacts compared to alternatives with a lower density. As shown in Table 9-1, the No ProjectJExisting Entitlement Alternative would result in significant adverse impacts greater than under the City Place project, which cannot be mitigated to below a level of significance, related to short and long term air quality, and transportation and traffic. The other adverse impacts of the No ProjectJExisting Entitlement Alternative, related to aesthetics, cultural resources, hazardous materials, hydrology and water quality, noise, public services, and utilities and service systems, would be similar to or greater than under the City Place project and could be mitigated to below a level of significance. However, because the significant unavoidable adverse impacts of the No ProjectJExisting Entitlement Alternative would be greater than under the City Place project, this No Project Alternative would not be the Environmentally Superior Alternative. The impacts of the Design Alternative would be similar to the City Place project. The significant unavoidable adverse impacts of this Alternative related to short and long term air quality and transportation would less be compared to the City Place project but would still be significant. Therefore, this is Alternative is not environmentally superior to the City Place project. The City Place project would be the Environmentally Superior Alternative because it would avoid significant adverse impacts that would occur under the No ProjectJExisting Entitlement Alternative and would not result in greater impacts than under the Design Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City of Santa Ana has balanced the benefits of the City Place project against its unavoidable adverse environmental impacts m determining that the specific economIC, legal, social, U: IDBott\wp51 ICity Place findings, doc September 29, 2004 Page 30 758-136 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings technological and/or other benefits outweigh the unavoidable significant adverse environmental impacts of the project. Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Final EIR and/or other information in the record. The reasons set forth below are based on the Final EIR and other information in the record. Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that the benefits of the City Place project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to short and long term air quality, and surface transportation are: 1. The project would allow the City to achieve the objectives which avoiding or minimizing significant adverse environmental impacts to the extent feasible. The project will: . Result in the development of the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas . Maximize the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. . . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. 2. Approval of the project would bolster the economic and social health of the northernmost part of the City of Santa Ana by aiding in the re-establishment of businesses in the project area by stimulating and attracting private investment, thereby improving the City's economic health, employment opportunities and the tax base. 3. The project would be consistent with existing development in the area which reflects an urban environment preserving the aesthetics qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. U: IDBottlwp51 \ City Place findings. doc September 29, 2004 Page 31 758-137 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4. Furthermore, there are no alternative sites in the City that are suitable for this proposed project, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to short and long term air quality and surface transportation. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the City Place project related to short and long term air quality and surface transportation are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents included in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made one or more of the following findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: · Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. · Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. · Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 10. APPROVALS U: IDBottlwp51 ICity Place findings, doc September 29, 2004 Page 32 758-138 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the City Place project, as described in the Final EIR, including the site approval and design. U: \DBottlwp51 I City Place findings, doc September 29,2004 Page 33 758-139 THE MAIN STREET CONCOURSE EXHIBIT 6 758-140 Specific Development Plan No. City of Santa Ana PC DRAFT 10-25-04 TABLE OF CONTENTS PAGE J\JPPLICABII..IT1r OF OFtl)~i\J\rCE ............................................................1 PURPOSE ......................................................................................... ...1 PART I. GOALS, OBJECTIVES AND POLICIES ...........................................2 P ART II. PERMITTED LAND USES ............ .. . .. .. .. .. .. . .. .. . .. . .. .. . .. .. .. . .. .. .. .... . .4 A ,L..... Prof-essioFlal i\n.d Business Office Uses (ZONE II .'\ND ZONE III) ...............3 1. Permitted Uses ............................... ....... ......... ........ .......... ....4 B. Retai1/Resta1:1iant Uses (ZONE II, ZONE ill, ZONE IV) .......................... ..4 1. Permitted Uses ..................................................................... 4 C. ReereationlEntertaimnent Uses (ZONE II) ....... ... ...... .................. .......... .5 1. Permitted Uses .................................................................... .5 D. Hote1/ConfereFlee Uses (ZONE III) ...... .. .. .. .. . .. .. .. .. . .. . .. .. .. .. . .. .. .. . .. .. . .. .. ..5 1. Permitted Uses ................................................................. ....5 E. Residential Uses (ZONE n ............................................................... 5 1. Permitted Uses ................................... ........ ......... ......... ... .....5 F. 14ass Transportation ..................................................................... ..6 1. Permitted Uses ................................................................. ...6 ~ 2. Conditional Use Permit .... ......... ......... ......... ............. ......... .....7 PART ill. DEVELOPMENT STANDARD ............................................ ..10 A. Floor Area Ratio/Density ................................................................10 1. Pr{)fessional and BusiFless Offiee Space ............... ...10 2. Retail and Restaurant Space _.......................................11 758-141 3. ReereationlEntertaimnent 8flace _...................................12 4. Residentia18paee _........................................................12 5. HotellCOflf€renee 8pooe _....................................... ...13 6. Signage........................................................................... ...13 7. Plaza and Fountain Design.......................................................13 8. Public Art....................................................................... ....15 B. Density Conversion ........................................................................ 9 lib. CC&R's. ... .................. ............ ......... ......... ............................ ....15 . Building Height .......................................................................... .16 ~ Setbacks................................................................................ ....16 . Site Coverage and Open Space .........................................................1 7 Ifh Parking.................................................................................... .18 ~ Loading Areas .......................................................................... ...20 . Storage AreasIMechanical Equipment ................................................ .22 Ih Refuse Collection Area .... ............ .......... .................. ........ ............. .22 IK:- Telephone, Electrical, Water, Gas Cable TV, Storm Drains and Sewer Service ..................................................... ..23 L. Public Transit ..... ...... ..... .......... ............................. ......... .......... ...17 ~. Maintenance............................................................................. .23 PART IV. DESIGN STANDARDS ...................................................... .25 A. Interior Street .......................................................................... ....25 B. Building Mass, Form and Architectural Style. ......... ......... .................. ...26 C. Materials................................................................................. ..27 ii 758-142 D. Color ...................................................................................... .28 E. Public Art ................................................................................. .28 F. Detail .......... .... ..... ........................................ ..... ......... ... .......... .28 PART V. LANDSCAPE MATERIALS AND DESIGN ............................. ..30 A .L.L. Main Street, Ov/ens Driye and Lawson \ll ay Setback ;\rea ....................... .23 1. ~fain Street Phase I .......................................................... ..24 1 a. Main Street Phase IT ........................................................ ...25 2. O'llens Driye Phase I ........................................................ ..27 2a. Owens Driye Phase IT ..................................................... ....29 3. Owens Drive and Lawson \Vay lnterseetion ............................. ....30 4. Lav/sofl. \ll ay ..................................................................... 3 0 B. Main Street and Owefl.s Drive Planted Medians .......................... ...31 1. Main Street ........................................................... ....31 2. O,:/oos Drive .......... ......... ..................... ......... .......... .31 C. Residential Areas ........... ........ ....... ........... ............. ..... ....... ..31 1. Recreatiofl. Areas ....................................................... .31 2. Interior COl'flHlon Open Spaee ...................................... ..32 3. Private Opoo Spaee .............. ........... ......................... ...33 D. Concourse Driye ..... ........... .............................. .......... ...... ...33 E. Pedestrian Oriented Public Plaza ............................................ ..33 F. Hotel Entry Colllt .............................................................. ..33 G. Parking Struemre SereeR ..................................................... ...34 ~ Temporary Landscape Adjacent To Undeveloped Parcels ............... ..41 . General Notes ..... ...... ..... ......... .... ... .............................. ... ....41 iii 758-143 PART VI. SIGNAGE .............................................................. .44 A. Intent. . . . . . . . . . . .. . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .44 B. Sign Message Categories .................................. ...... ............. ..44 C. Physical Sign Types . ...... ......... ....... ... ............................. ......45 D. General Criteria.... ............ ......... .......... .............................. .45 E. Criteria For Individual Sign Types ......................................... ...46 L Freestanding Signs ......................................................46 2. Wall/Canopy Signs .................................................. ...46 3. Projecting Signs ....... ......... ..................... ................ ....47 4. Marquee Signs ..........................................................4 7 5. Signs Under Canopies And Marquees ...............................47 6. Major Building IdemifieatioR Signs ................................ .40 ~ Temporary Identification Signs ............. .... ..... ....... ...... ....48 1& Submission of Main Street Concoltfse _ Plan Signing Design Program ..................................................... ....48 PART VII. LIGHTIN"G.......... ......... ...... ............ ......... ......... .......50 A. Street Lighting/Exterior To The Project (Public Right-of-Way) ............................... .................. ....... ..50 B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive ............................................................................. .50 C. On-Site Building Lighting .................................................. ....51 D. Required Minimum Maintained Illuminance Levels ..................... ..51 PART VIII. OPERATIONAL STANDARDS ....................................54 PART L'X. CONCEPTU,'\L PLAN APPROV,'\L ............................ ...50 iv 758-144 ATTACHED EXHffiITS Exhibit A - Exhibit B - Interior Zone for SigRage Loeations Exhibit C Coneeptl:lal Site Plan (Proposed Phase I) Exhibit D Coneeptua:l Site Plan (Proposed Phase II) v 758-145 APPLICABILITY OF ORDINANCE The specific development zoning district. as authorized by Chapter 41. Division 26. of the Santa Ana Municipal Code. is specifically subiect to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters. articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41. Article ill. of the Santa Ana Municipal Code for zoning districts other than the SO zoning district may be incorporated herein by reference. PURPOSE The Specific Development No. 59 (SO-59) use district regulations are hereby established for the express purpose of protecting the health. safety and general welfare of the City by encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SO-59 regulations will establish a professional district that will €lKell:lsi'iely entitle 57.700 square feet of commercial space at the northeast comer of Main Street and Memory Lane with 241 for sale residential units further to Lawson Way. This area will be a mixed use district with eating establishments. support services and a residential component consisting of live-work and townhouse units. 1 758-146 PART I. GOALS. OBJECTNES AND POLICIES The MAIN STREET CONCOURSE is intended to Be an exciting new cOlllflll:Hlity 'NRere people eaR work, live, shop, and enjoy top qaality reereation and entertainment opport1.tnities. By design, the pfOjeet will meet the goals and objeetives of a qaality, Balaneed and eOmml:Hlity seflsiti'/e master planfled mixed ase development. 1. A long-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive development as viewed both internally and externally; 4. A bold but integrated sign program. suitable for a mixed use project ofthis scale and scope; 5. A development that is consistent with the District Center designation ofthe General Plan and which implements the spirit and intent and policies of the General Plan; 6. Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 2 758-147 7. A development that with offiee 8:B.d sllf>porting uses provides special special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 8. Provision of off-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; and 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage. 3 758-148 PART IT. PERMITTED LAND USES The categories of laRd uses to be include~ ~~~p.~ the pre>j~~! ~ea are: Pro.f-essional ., Rietail . (including restaurants, shops aRd serviee retail), ReereationlEmertaiIlfBent, . the LaRd Use Zones for the pm] ect. The uses permissible iR eooh ZORe are set forth below. If a use is for any reason omitted from those specified as permissible in any zone, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision maybe appealed to the Planning Commission whose decision is final. A .L.L. Professional aRd Business Office Uses (ZONE IT AND ZONE Ill). 1. Permitted Uses. B. RotaillRestaunmt Uses (ZONE IT, ZONE Ill, ZONE IV). 1. Permitted Uses. la. Ceaeral affiee uses pravidiag prafessiaaal aad admiaistratwe serviees iaeludiag b1lt Bat limited ta emplaymeat ageaeies; advertisiag ageaeies; baaks; eseraw ageaeies; aeea1lataat, medieal, ias1lraaee, tax, real estate, legal, eaas1Iltiag, aad travel serviees; ta1lrist iafarmatiaa; trade eaatraetars; arehiteets; eagiaeel's; plaaaer; s1lrveyars; researeh aad de~/elapmeat; staek brakers; state, ea1laty, m1laieipalar ather p1lblie affiees, aad ather similar 1Ises. b. Incidental sapport uses ':;ithin an office building, corporate art displays aRd exhibits, musemn space, day care eenters, and other uses ancillary to the primary use; provided such incidental uses are limited to 10% of the total floor area. &a. Retail sales aad serviee uses including but not limited to: department stores, and other establishmem:s for retail merchandise; baaks aad ather fiaaaeial iastit1ltiaas; clothing stores or boutiques; cafes; delicatessens; f-ood stores; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment; outdoor, eat iR or take out restal:lfants; book and 4 758-149 stationery store; camera shop; shoe store ar repair shap; tailar; tobaceo store; offiee equipmoot remal afld repa-ir; taurist iafarmatiaa aad travel ageaeies aad tieket reservatiaa serviees; sporting goods store; art gallery; craft store; cultural displays and related merchandising; pet store; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, farmal wear stares (sales ar reatal); hair styliag shaps; design and furniture centers; cookware and gourmet specialty shop; office furniture store; iateriar deearatar shap; pOT/ate elub with food afld beverage serviee (excll:l:diRg pablie assembly ha-lls and subject to obtaiRiRg a Conditiona-l Use Permit if alcoholic beverages are served); aad dry eleaaer. 5 758-150 t:r.I A maximum of five permanent outdoor sales kiosks _ aml--S- portable outdoor pushearts or other portable ';endor sales facilities. The size and location of each Kiosk _ and pushcart shall be approved on a maste Ian of such uses 13 the Plannin Commission c. Temporary outdoor actiyities or Sf)ecial eyents, not oeeurriag as part ofthe normal course of the operations of the retail area, sueR as bazaars, fiestas, fundraising eyoots, art fairs, festivals, outdoor musie concerts and similar uses provided that the project operator shall file an application for a Lafld Use Certifieate with the PlanniNg Maflager as provided for in Section 41 675 of the Code. /\. peale traffic eyeflt operating plafl shall be submitted for approyal concurrently with the land use certificate application afld shall include pro'/ision f-or special sigHiNg, a flat ootry fee at aU gates, opening of all efltry gates and a use of parkiag directors, if afl)' are neeessary. ParkiNg coNtrol at aU site intersections must be pro'/ided. C. ReereationlEntertainment Uses (ZONE II). 1. Permitted Uses. a. Health and Exercise centers, iNeluding health clubs, gym.s, tennis courts, swimming pools and other similar uses. b. CiNemas or multi plex movie theaters and li';e performance theater, up to a combined maximum seatiNg of 1,500 seats. The live perfomlaflee theater may be freestanding, or may be pro'/ided as a dual use theater iN coooection with a CIRema. D. Hotel/Conf-erooce Uses (ZONE ill). 1. Permitted Uses. a. Full service lHgh rise hotel. b. Full service aU suites, high rise hotel. c. Such ancillary uses as are typieally found in a full service hotel, inelu:diRg but not limited to: confereRee/meeting spaee and baflq-1:1et faeilities, recreational facilities sueh as spas, pools, training rooms, and other similar uses, 6 758-151 restaurants, retail shops, nightclabs, cocktaillolillges, cafes, tra'lel services, and other commereial uses whieh have direct access to the hotel use. E. Residential Uses (ZONE I). 1. Permitted Uses. a. }Lttaehed single family b. Multi family Residential as condominiums units in a Type I construction residential tower. e. Temporary residential model compl&x and leasing office. d. Uses ineideflt:al or ancillary to any residentiall:1se, such as swimming pool, sauna, jacl:1Zzi, benches, playgro1:Hlds, BBQ and other outdoor recreational facilities. F. Mass TranSf)ortation. 1. Permitted Uses. Monorail station or other rail rapid transit passenger station (ZONE N). 7 758-152 D. E. G. Conditional Use Permit. 8 758-153 1. The f{)llowing uses are permitted upon appro'/al of a COi'lditioNal Use Permit in accordance with the Code, provided that the oNly conditions which may be imposed upon any CoRditional Use Permit shall be conditions directly related to the nature of the proposed use, and the characteristics of the operation of the business; a. Helistop (Zone IT) b. Wine and fine liquor store (Zone IT, Zone ill, Zone IV). c. Farmer's Market for the sale of vegetables, fruits, and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. and only in Phase IT withiN the interior of the project (Zone IT, Zone ill and Zone IV). d. i\ntiq-1:1e store operated by a eertified antique dealer selling antiques or vintage clothing and memorabilia (not including thrift stores) (Zone IT, Zone ill, ZONe N). e. /\.l:1tomobile support facilities proyiding services within parkiNg structures such as: gas/fuel sale; auto servicing; auto detailing and other similar uses (Zone IT and Zone llI). f. Comml:lflity oriented live performanee theater (Zone II). g. Indoor entertainment that oharge an admission fee (Zone IT, ZONe ill, Zone IV). h. On and off premise sale of alcoholic beverages (Zone IT, Zone ill, Zone N). 1. Chapel or church (Zone IT, Zone ill). 9 758-154 PART ill. DEVELOPMENT STANDARDS The following General Development Standards are applieable to all uses in the Main Street concourse project. The req-1:1irements of the Santa ,\Ra Municipal Code (the "Code") includiag development standards of gooeral application thrOl:1gRout the City, shall govern the development of the ~L\IN STREET CONCOURSE project, except as otherv/ise proyided for in this Plan, and subject to such yested rights as the de'leloper may ha';e pursuant to any d6Ylelopmeflt agreement with the City. }..II terms Not otherwise de fiRed iN this Plan shall have the meaniNgs set forth iN the Code. In the event of a conflict between the terms, conditions, requirements or pmvisions of this Plan and the Code, the terms of this Plan shall govern. A. Floor Area RatiolDensity. The following sets forth the maximum allowable floor areas for the various permitted use classifications ofthe project., subject to any density oonyersioN as allowed by Seotion C of this Part ill. Increases in the aggregate density as set forth herein requires an amendmeNt to this Plan, and 'Nol:1ld be subject to appropriate Emyironmental reyiew. The aggregate development density oorresponds to an overall Floor Area Ratio ("F AR") of the Main Street Concourse project of approximately 2.54, based upon a net site area of 771, 416 square feet and 1,961, 770 total gross square feet of d6Y/elopment. This FAR represents the maximum intensity of development for the site. Parking areas afld structures are not to be included iN the calculation of density. 1. Professional and Business office Spaee. 931,075 square feet. 10 758-155 2. Retail and Restaurant 8paee. 234,160 square feet. 3. Recreation/EntertainmeNt Spaee. 56,400 square feet. 4. Residential Space. 427,660 sq-1:1are feet comprised of216 units of high rise oondominil:Ull and 61 units of attached siagle family housing. This density refleets a site '.vide maximmn aggregate density of 16 Dwelling Units per aere. }L minimmn of 6.1 aefes of the site shall be devoted to residential uses, provided such 6.1 acres may be parcelized into any num.-ber of parcels. 5. Hotel/Conference Space. 315,475 square feet comprised of a miniml:1lR of250 hotel rooms (including suites) and a minimum of 11,000 square feet of associated restaurant space, 20,000 sq-1:1are feet of eOfi'/ention facilities/meeting/banqaet rooms, and 30,000 square feet of support retail. B. Density COB-yersion. UpON application to the Planning Department and approval by the City Council, the developer may seek to con';ert square footage allocated to a particular land use eategory to another category. Such con'/ersion may be granted only if all of the following requirem.ents are met: (i) the de'/eloper establishes that the environmental impaets assooiated with the re';ised square footage allocation are less than or equal to the impaets associated '.'lith the development permitted by this Plan, (ii) developer has completed a miRiml:Hll of 548,392 square f-eet of Professional and Business office Sf)ace, 86,580 square feet of retail Sf)ace, 8,280 square feet of restaurant Sf)aee, a ciNeplex/oomm1:Hlity theater, and a health clab and (iii) there v/ill be no increase in residential density. 11 758-156 12 758-157 13 758-158 14 758-159 15 758-160 IIG CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal i:iIiiiIi Phase I and Phase IT for the residential and commercial HSeS. III* Building Height. 1. On any lot or portion of a lot in Zone I of the Specific Development Plan area no building or structure shall exceed ~ .feet in height, as measured from the lowest adjacent finished grade. 2. On any lot or portion of a lot in ZONe IT of the 8peeifie Development Plan area no bl:1ildiNg or structure shall exceed 450 feet in height, as measured from the lowest adjacent fiNished grade. 3. On any lot or portion of a lot in Zone ill of the Specific Development Plan area no buildiag or structure shall exceed 315 feet in height, as measured from the lowest adjacent finished grade. 4. On any lot or portion of a lot in Zone IV ofthe Specific Development Plan area no building or structure shall e)(ceed 45 feet in height, as measured from the lowest adjaeent finished grade. 5. Flagpoles and other iNcidental appurtooances on a buildiNg such as aircraft warning lights, beacons, and architectural features, may eKceed the height limit. ~ Setbacks. -h Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach 16 758-161 into any required perimeter setback either at or below grade. For the purpose ofthis Plan, a street side property line is that line created by the ultimate right-of-way line ofthe adjoining public street. Minimum setbacks are as follows: a. b. c. d. Concourse Drive (interior street set backs): 2. Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior ofthe project, retail canopies may project five (5) feet into setback area. 4. Due to the integrated mixed llse nature ofthe d6Ylelopment, sl:1bjeet to applicable fire saf-ety standards in the Code, and except as otherwise provided iN this SectioN F, or as may be required for traffic safety (i.e. line of sight req-1:1irements), there shall be RO interior lot line setbacks (i.e., a "zero lot line setbaek" will be allowed). . Site Coverage And Open Space. 1. For purposes of this Section G, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 17 758-162 2. 3. 14- ~ ~ ~ I&. fIG. Parking. The efltire project shall devote a minimum of25% of the aggregate gross area of the non residential parcels in the site to open Sf)aee. The site shall devote an aggregate minimum of 11.5 aer6S to non residential purposes. The project shall de'.'ote a minimum of35% of the aggregate gross area ofthe sitel:1sed for residential purposes to open spaee. The site shall deyote an aggregate maximum 6.1 acres to residential purposes. Residential open space may be private common area or private yard but shall in no event include any space provided in llalconies ef required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as may be imposed for security and safety by property management. No required setback area shall be calculated as required open space. Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. Single family attached residential shall provide a minimum of ~ .square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. Both the attaehed siNgle ~_ Ceondominium units shall contain a balcony ef not less than _ 90 square feet of private open space area. Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area. 1. All parkiBg, iBcluding valet parking or shared parking, shall be as pro'/ided per the Santa }Jla Municipal Code (SAMC) or any parking yarianee approved pursuant to the Code. 2. Non reflecti'/e glass storefronts with open yisibility shall be utilized at all pedestrian corridor areas providing aecess to parking structures. 18 758-163 3. 4. ~. 6. 7. 18. 19. 1M. 1+1-. 12. ~. 1M. All ramps throughout the project shall not exeeed 12% slope ifno parking OCClH'S on the raHlfl and 5% maximum slope if parking is on the ramp. '/ ertical pedestrian circulation from below grade and structured parking shall iNcorporate elevators, escalators and stairs. Vehicular site access points will be provided from Lawson Way, Main Street and two points from Owens Dri'/e Memory Lane, as defined on the site plan. }..lll:lfldergrollfld parkiag shall have mechanieal smoke eontrollremo'lal. Parking operator shall prefJare, submit, and comply 'with a parking control plan to the City for re'liew, plH'suant to which the operation of the parking facilities and duties of the parking operator staffwill be described. Plan shall also inolude event parking controls and description or bollard eontrols~ There shall be no sharing of residential parking. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. No partitions, walls or other obstructions shall be built or placed with the attached single fam.ily, four car garagel preventing the spaces from being used by residents and guests for the parking of vehicles. Recreational vehicle storage is prohibited on-site. }JI ramps throughout the project shall not exceed 12% slope ifno parking occurs on the ramp and 5% maximl:llTI slope if parking is on the ramp. The townhouses shall be designed with vertical roll-up garage doors. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. 19 758-164 ~. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 1M. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas - Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. b. Open Parking Areas (Phase I) - Parking areas other than those within a building may be paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles - All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 5 Y2 inches. ~. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. ~. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. -.w. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. 20 758-165 IIlh Loading Areas. 1. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions of the project and adjacent neighborhoods while allowing for efficient utilization by commercial users. 3. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 4. Loading areas shall be visibly separated from public entrances and parking areas. 5. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 Y:z inches of Portland concrete cement. Soil conditions or the nature of the trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each efftee building and adjacent retail shops/restaurants; the cineplex, health club and adjacent shops/restaurants; the hotel and eonfocenoe facility; and the high rise residential tower (2 serviee truek stalls plus one stall for trash removal). 21 758-166 10. All . loading areas ~ll be able to accommodate a 55 foot semi-trailer___.. ... Storage AreaslMechanical Equipment. 1. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts '1iev:ed from the office towers. 2. No outdoor storage shall be permitted. 3. There shall be no exposed television, ham radio, dish or other antenna. Ih Refuse Collection Area. 1. A refuse collection area shall be located at each loading dock per approved site plan. 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. 3. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 1. Except for the attached single family residential uses, all trash and refuse shall be oollected, cOFllf)acted and stored iNternally at centralized areas. Refuse will be picked up at truck loading areas in accordance '.vith the City's 'loodor's schedule, trash piek up operation agreement and the CCR'S for the project. ~. The attached siNgle family residential uses in the project will iNcorporate a trash pick up mechanism ',,'thereby trash will be collected at each unit and carted to a centralized area. No heavy trucks shall be used on the internal road between the single family attaehed residential1:Hlits for trash colleetion, _trash pick-up operation agreement and this provision shalll.be included in the CC&R's for the project. Ie. Each trash enclosure shall have a minimum of six inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 1+. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 22 758-167 1&. All trash enclosures throughout the project shall be designed with metal doors. ~ Telephone. Electrical. Water. Gas. Cable TV. Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 of the Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. L. Pablic Transit. /'L bus turnout lane and bus shelter shaH be incorporated along MaiN Street. Bus shelters may be free standing pergolas, arcades or l'e6essed cO'loced waiting areas, all as consistoot with the Orange County Transit Districts: Design Guidelines for Bus Facilities and the Code. A monorail statiON or other rail rapid transit passeBger station may be 106ated adjacent to or incorporated into retail uses on the site. IJM. Maintenance. The entire project shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- 23 758-168 of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the project. 24 758-169 PART N. DESIGN STANDARDS A. Interior Streets 1. Concourse Drive. The tone and pedestrian experience of the project will be largely determined by "Concourse Drive," a wide interior street which will meander ~through the project. The Concourse is intended to lend a unifying component to the project as well as link different uses together. a. Concourse Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Concourse Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the project. c. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. e. Concourse Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. Concourse Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout Concourse Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the Concourse area. 25 758-170 h. Tree wells shall be a minimum ofthree feet by three feet with protective tree grates and collars. 2. Single Family Residential Internal Streets. a. The internal circulation road within the residential component ofthe project will have a minimum 22' wide pave roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials betweoo residential units. c. The internal residential road will be seoured from general publio aeeess thrOl:1gh the use of decorative gates and other security d6Y,'ices, as indicated on the site plan. 3. Vehicular Loading Access Roads. a. Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. c. Colored paving materials and concrete may be used as accent materials at entry locations (not including public right-of-way or required easement areas) on the property to visually define entryways. B. Building Mass. Form And Architectural Style. One critical component of the Main Street Concourse design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. 1. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal 26 758-171 shapes. Building mass forms may be composed of ornate historical building styles or a combination thereof. 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. 5. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms may be exaggerated to express a particular style. 8. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The MaiN Street Concourse _ development will embrace innovative uses of contemporary architectural materials. 1. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2. Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest ofthe Main Street Concourse _project. 27 758-172 4. 5. 6. 1+. 18. 19. D. Color. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. Monolithic glass surfaces may be used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. High rise buildiNgs (incladiNg office buildings, the high rise hotel and high residential) shall ineorporate multi faceted exterior faeades and varied rooftops with set book lines. Glass storefronts shall be provided facing all streets, Concourse Drive, .the majef pedestrian oriented public plazal adjaeent to Concourse Drive, and the elevated pedestrian system.. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. Security gates for storefronts, if provided, shall be designed inside ofthe buildings. 1. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E. Public Art. Various forms of public art may be integrated into public spaces (not including public right-of-way) throughout the project. F. Detail. 1. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features ofthe architectural design. 28 758-173 2. Upgraded light fixtures, door and window details and other feature items are encouraged. 3. Banners, flags and other colorful devices may be used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. 5. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement oftheme and style. 29 758-174 PART V. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices may be substituted depending on experience and actual soil conditions. The high quality of the development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. The following categories are addressed: 1. Main Street, Owens Driye and Lawson Way setback areas. la. Main Street, Owens Drive and Lawson Way setback areas (Phase IIj 2. Main Street, Owen Drive and Lavt'son 'Nay street frontage areas. 3. Main Street and Owoos Dri'/e planted medians. 4. Residential areas. 5. Interior pedestrian street. 6. Multi use office forecourt. 7. Hotel ootry cow1:. 8. ParkiNg structure screoo planting. 29. Temporary landscape adjaoent to undeveloped pareels. 310. General notes. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with aaEl implement these concepts . Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of- way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. A L .Jr.. Main Street. Owens Dri'l6 .And Lawson Vlar Setbook Areas. To oreate a 1:HlifyiNg eleHlent surro1:HldiNg the project area, a landseaped edge will be maintaiNed adjaeent to MaiN Street, Owens Driye and La'.vson 'Nay rights of way. The edge will contain formal street tree plantings with turf and pa'ling below. 1. Main Street Phase I. The Main Street parkway area designated iN Phase I will incorporate a f{)rmal row of street trees planted in a tm-ee foot 30 758-175 square planter within the standard City sidevlalk. and park:/ay of 10 feet as mea5m-ed from the face of curb. The installed street trees will continue throughout the entire loog1h ofthe pr-oject. ,^.n additional area oflandseape, inside the property line, will eontribute to ereate a consisteNt m-ban landscape image. This area, varying in size from 15' minimum to 95 feet maximum, of large sculptural gro1:Hld cover berms with trees planted in formal alternating patterns ':fill pro'lide a beautiful greoo bl:1ffer from the adjacent traffic and creates a pleasant, pedestrian scaled transition for the office tovler employees and visitors. A. large eyergreoo hedge occurriag along the total length of the Main Street site functions as a 'lisual screen from the required on grade parkiNg lot. /'L '/ery special sculptural garden with large inf-ormal 0anopy trees will become the major f-ocus duriNg Phase I. Turfwill be consistemly used as the grol:lfld plane landseape treatment along the northwest frontage. ,,\t the comer of MaiN Street and Owoos Dri'/e, a large sculptural groundcover berm with formal, alternating arrangemeflt of trees beoomes the stmng landscape transitiONal element. A cofltiFl:\:lation of the same landscape vocabulary oecm-s around the comer of OweNS DriYe. Suggested minimum elements of this streetscape area are as follows: (a) Street Tree: 1\reeastrum romaflZoffianum Queen Palm. Size: IS' tall (brOWN trook height). Spacing: Planted at 30' on eenter WflOO NOt pre'/ented by traffic sitelines, BCR and ECR setbooks, light standards and fire hydrant clearances or underground utility lines, i.e. lighting, gas, eleetrical, water, sewer, etc. (b) Perimeter Backdrop Tree: Gleditsia triacanthos inermis Skyline HONey Loeust. Size: 36" box. SpaciNg: 30' on center spooing. (e) Parking Lot Tree: BroohyelHtoN populRous Bottle Tree. Size: 24" box. 31 758-176 Spacing: spaces. One tree e'lery four to five parking spooes. Note: Trees are to be planted in over sized boxes to faeilitate fut1:1re reuse of the trees on the project. (d) Seulpture Garden: Koelreuteria bipinnata Chinese Flame ~ Size: 48" to 60" Box. Spacing: Informal. (e) Parking Lot Hedge Shrub: Ligustrumjaponicum "Texanum" 'NaxleafPri'/et. Size: 5 gallon. Spacing: 30" on center. (f) Landscaped Berm: Hypericum calycilRtFll }..aron's Beard. Size: Flats. Spaeing: 8" on center, triangt:llar spaced. (g) Turf: Marathon Fescue IT Fescue blend. Size: Sodded. la. Main Street Phase IT The Main Street streetscape 'Nill be landseaped with 15 feet of turf adj aceNt to the curb and an additional 10 15 feet of aecent paying aloag the retail building frontage. Traditional parkway sidev/alks shall oocur at all locations Rot adjooem to a retail building. The sidewalk area will accommodate pedestrian traffic along Main Street, and proyide easy access to retail basiNesses. Turf planting extends five feet inside of the pmperty line. }L water feature on site will draw yisitors into the project and pro'/ide a major foeus. /\. wide range of landscape features sach as seatwall rings and accent pots with topiary trees will animate the street, all per the appro'led site plan. }Lt the eorner of Main Street and Owens Dri'/e, a ring of acoent pa'/iag and turf provide a base for a sculptural aeeent feature the feature ooours inside the property line and acknowledges the importance of this comer as a pedestrian access point. }L allee of orchid trees leads pedestrians into the Central Court. 32 758-177 Detailed right of way improvement plans containing the above desoriptive scooario will be preseffied to the Pl:lblic V/orks Agency for approval. That plan may be altered subject to requirements of that }Lgency. Suggcsted minimum elements of this streetscape are as follov/s: (a) Street Tree Arecastrum rosanzoffianum, Qlleen Palm, Size: 15' tall (bro'.\'R trunk). Spacing: 30' on oeNter. (b) Secondary Mall Tree Gleditsia triaeanthos incrmis "Skyline"; Honey Locust. Size: 48" Box SpaciNg: 30' on center. (0) Seatwall Rings 18" high x 20" wide, poured in plooe conerete. Tree: Gleditsia triooanthos inermis Skyline Honey Locust. Size: 48" Box Groundplane: Anflual color. Size: 4" pots. SpaciNg: 8" on oenter. (d) Bus Drop Off Area Koelreateria bipinnata, Chinese Flame ~ Size: 48" to 60" Box. Spaeing: Informal. ( e) Center Court Bauhinia 'lariegata, Purple Orohard Trce. Size: 24" Box. Spacing: I 0' on eenter, planted ia raised seat planters. (f) }"eeent Pots/Small Topiary Tree Syzygi1::lIl1 panieulatum, Brush Cherry. Size: 24" Box. Spaeing: 24' on eenter, planted iN pots in a formal row. 33 758-178 (g) Turf: Marathon Fescue IT Fescue blend. Size: Sodded (h) Landscaped Berm Marathon Fescue IT Fescue blood. Size: Seeded. Note: Arehitectural berm (less than 3') to screoo any interim parking. 2. O'NeflS Driye Phase I. The Owens Driye setback area iN Phase I will be landscaped in a formal row of street trees planted in three foot square planters with approved root barriers withiN the typical City of Santa Ana side-':lalk standards and ala foot parkway for the portion of street frontage between Main Street and the Hotel site. From the Hotel site eastward to LawsoN 'Nay the spacing of trees will be informally Sf)aeed to aceentl:late the park like Sf)aeing foood in the adjaeent medians and Santiago Park streetscape. The installed street trees ':,ill remain planted where there will be NO circulation conflicts with future phasing. }L large sCl:llptural grolilld cover berm planted ':lith a formal row of alternating perimeter trees will sereoo the required on grade parking lot. Turf and grol:lildcover areas expand significantly at the residential area. Easy pedestrian acoess is provided along the street, and buffered from adjooent yerucles. Service entrances and utilities are screened from 'liew 'Nith buffer planting. Suggested minimum elements ofthis streetscape area as follo'.vs: (a) Street Tree: Plat8:fH:ls acerfolia London Plane Tree. Size: 24" Box. Spaeing: 35' on eeNter Sf)acing when not prevented by traffic sitelines, BCR and ECR setbooks, light standard and fire hydrant clearances or undergroood utility lines, i.e. lighting, gas, electrical, water, sewer, etc. (b) Perimeter Tree: Gladitsia triacanthos inermis Skyline Honey Locust. Size: 36" Box. 34 758-179 SpaciNg: 30' on center. (c) ParkiNg Lot Tree: Brooh)~hiton popl:1lneus Bottle Tree. Size: 24" Box. Spaciag: One tree every four to fi'le parkiNg lot spaces. (d) Landscaped Berm: Hypericum calyoiffi:1IR Aaron's Beard. Size: Flats. Spacing: 8" on center, triangalar Sf)aeed. Note: Architectmal berm (less than 3') to screen any interim parking. (e) Front yard Tree: Bauhinia '/ariegata Purple Orch.ard Tree. Size: 24" Box. Spooing: 15' on oenter. (0 GroUfldcover: Myaporum parvafoliwn Drought tolerant variety. Size: Flats. Spacing: 12" on ceNter, triangular spaeed. (G) Turf: MarathoFl Fescue IT Fescue bleNd. Size: Sodded. The landseape treatmeNt for development eategories 3 to 9 will be the same application for Phase I and Phase IT. 2a. O...;ooS Drive Phase IT The Owens Drive streetsoape area '1Iill be landscaped with 15 feet of turf adjacent to the cmb (fi'le feet inside ofthe property line) and an additional 14 feet of aceeftt paving adjooent to retail building frontage. Traditional full width sidewalks are required iN all areas not adjaeent to retail area. Turf and groundeover areas expand sigHificantly at the residential area. Easy pedestrian access is pro'lided along the street, and buff-erea from adjooent 'tehides. Service entranoes and utilities are sereened from vie'll with buffer planting, per the approved site plan. The street setback ofthe project aloFlg Owens Drive adjaeent to Santiago Park shall be 35 758-180 de sigHed to match plant material and design cOReepts of Santiago Pa:F*: fL detailed speeifio plan contaiNing the above descripti';e scenario will be presented to the Pablic Vlorks }Lgeney f-or approval. That plan may be altered sabject to req1:liremeflts of that fLgeney. Suggested miNinnun elements of this streetscape area are as follows: (a) Street Tree: Platanus '^Lcerfolia London Plane Tree. Exeept at retail Size: 24" Box. Spacing: 35' ON center when not prevented by traffic site lines, BCR and ECR setbacks, light standard and fire hydrant clearances or 1:Hldergrolilld utility lines, i.e. lighting, gas, electrical, water, sewer, etc. (b) SeeoRdary Mall Tree Gleditsia triacanthos "Skyline", Honey Loeust; size: 48" box @ 30' 0" ON center in formal feW-; (c) Screen Tree Euoalyptas sideroxylon "Rosea", Red konbark; size: 24" box @ not less than 12' 0" on ceNter spacing informal arrangement. (d) Front yard Tree Ba1:1hima yariegata, Pl:H'ple Orohard Tree; size: 24" box @ 12' 0" on center diagonal spacing. ( e) Garage Vent Screening (a doose yertical hedge screening and buffering garage yeflts from the pablic): Syzgium paniculatum, Bush Cherry, size: 15 gal. @ IS' 0" on ceNter planted in a formal hedge row. (f) Groundcoyer myaponrm parvafolium drought tolerant yariety, flats @ 4' on center Sf)ooing, triangular Sf)acing. (g) Turf Types Marathon IT, Fescue blend sodded; shall be consistent throughout pmject. 3. O':/ooS Driye and Lav;son "'Nay Intersection. Suggested minimum element ofthis streetscape are as follows: 36 758-181 (a) Street Tree Platanus acerfolia, London Plane Tree; size: 2 1" box @ 35' 0" ON center spacing in a formal row. (b) Secondary Tree Schinus molls, California Pepper; size: 21" box @ 20' 0" to 40' 0" on oenter iNformal spacing. (c) Sh..i:1b Types Bougailwillea 'Raspberry Ice', size. 5 gal. informal spacing. Ccanotoos' ,Julia Phelps', size: 5 gal., inf{)rmal Sf)acing. Myoporum 'Pacificum', size: 5 gal., informal Sf)acing. (d) Turf: Marathon Fescue IT Fescue blead sodded 4. Lawson Vl ay. Suggested minimum eleHlents of the streetscape are as follo':ls: (a) Street Tree Melaletica leucodeNdron quiB.ql:l:ooervia, Cajeput Tree; size: 24" box @ 30' 0" on eenter, planted iN a formal row. (b) Fmnt Yard Tree Bauhinia yariegata, Purple Orchard Tree; size: 24" box @ 12' 0" on 0enter diagONal spacing. (c) Residefltial ,AJrival Court LagerstroeHlia indica (multi stem), Crape Myrtle; size: 24" box @ 15' 0" triangular Sf)acing, iaformal. (d) Turf Types Marathon IT, Fescue blend sodded. Shall be consistent throughout proj ect. B. Main Street }.nd O':lens Dri'/e Planted Medians. 1. Main Street. (a) Street Tree PiNUS canariensis, Canary Island Pine, siz;e: 21" box @ 35' 0" on ceBter spaeing. (b) Turf Types Marathon Fescue IT, sodded, with berm shall be consistent throughout proj ect. 2. OweRs Driyc. (1) Street Tree Plata.nus Acerfolia, London Plane Tree, size: 21" box l.'H:lfIlber spooing and arrangement as Sf)ecified. 37 758-182 (2) Turf Types Marathon Fesoue IT, sodded. Turfblend to match with existing turf. C. Residential ,\Teas. 1. Recreation ,\Teas. (a) Trees Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 24" 60": box, 15' 0" to 20' 0", informal spacIng. Broohyehiton popl:11Reus, size: 21" 60" box, 15' 0" to 25' 0", informal Sf)aciNg. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. (b) }..ceent Trees ,\Tchontophoenix cynningham.iana, King Palm; size: 20' a", bro':.ll trunk, 12' 0" to 20' 0", informal spoomg. \Jfashingtoftia filifera, California Fan Palm, size: 20' 0", browR trunk, 12' 0" to 20' 0", inf{)rmal Sf)oomg. (c) Barbecue kiosk/recreation building 20'x20' square. (d) Pool and Spa 25'x50' pool and 10' diameter Sf)a. Formal oharacter. 2. Interior Co:mmon Ooen 8oooe. (a) Interior 'Nalk Tree (i) Tristania conferta, Brisbane Box; size: 36" box, 25' 0" on center Sf)acing; (ii) HeterolReles arbutifolis, size: 36" box, 25' 0" on center spacing. (b) Turf Types Marathon Fesoue IT, Fescue blend seeded. Shall be eonsisteNt throughout projeet. (0) Vine Pookets all three story wall, hebertia scandens or antignon leptopas, 15 gal., 15' 0" on ceNter. 38 758-183 (d) Groundoo'lers drOl:lgflt tolerant yariety, flats @ 4" on center, triangular spooing. (e) fLeeent Paying At base of building at pool areas, path system, auto col:1rts and arrival eom1. Saw eut concrete with iNtegral eo lor. (f) Stream V/ater Feature informal charooter, linking pool area with hotel porte cochere. Ml:1ltiple aceent planting. (g) Lattice Trash Enclosure (phase I only) 'line covered trellis strueture. BougaiRvillea 'San Diego Red', 15 gal. @ 15' 0" ON oenter spooing. 'Wisteria sinensis, Chinese \Visteria; size: 15 gal. @ 15' 0" on oenter Sf)aeing. (h) Residefttial Internal Road Grewia cafra, 15 gallon, eSf)allier Liriope spicata, 4" pots Heteromeles arbmifolia or lagerstroemia indica, 15 gallon. 3. Private Open 813ace: (a) Patio Tree Hetemmeles arbutifolis or Rapheolepis Indica tree form cultiyar, size: 24" box, informal Sf)acing. D. Concourse Dri'le. 1. Street Tree 'tV ashiNgton filifera, California Fan Palm; size: 25' 0", brovm tnmk @ 30' 0" on ceNter Sf)ooing, planted in a formal arrangement. 2. Ornamefttal Street Lighting size. 20' 0" high @ 30' 0" triangular spaciag with plan trees. 3. Ornamental Pots planted '.vith annl:lal color. Pot to mateh size furnishing selection. Flats @ 1" on center Sf)aeing. 1. Garage Vent SereooiNg (a doose vertieal hedge screening and buffering 1:Hlderground garage yents from the pablic): Syzygium paniculatum, Bush Cherry, size: 15 gal. @ 3' A" on center, planted in a formal hedge r{)w. 39 758-184 5. }Lceent Pa',iNg thml:lgh iNterior street. Saw eut eoncrete, with integral oolor. E. Pedestrian Oriented Public Plaza. 1. Formal arrangement in tree grates. Palm Bosquet 1}j ashiNgtonia filifera, California Fan Palms, size: 25' 0", brovm. trunk, 20' 0" on center spacing. 2. CeNtral Fountain . formal circular water feature with yortical spray ~ 3. }L0Cent PayiNg sa'll cut conerete, integral color, throughout forecowi area, exclusiye of pablic rights of way or required easements. F. Hotel ENtry Court. 1. Street Tree \VasmRgtoNia filifera, California Fan Palms, size: 25' 0", bro'.vn trunk, 35' 0, on center, planted in formal arrangements in tree grates. 2. Entry Drive Tree Jacaranda mimosifolia, Jaearanda; size: 60' box planted in formal arrangem.ent. 3. Ornamental Pots planted with atlffi:lal color. 4. Turf Types Marathon IT, Fescue blend sodded; shall be consisteNt throughout pmject. 5. fLocent PayiNg throughout saw cut CONcrete, integral color. G. Parking Structure Screen. Landscaping shall be used to soften visual iInflaet of all parkiag structures. The use of "iRes is eneouraged. I. Screoo Trees: (a) Eucalyptus Citriodora, leHlon seented gwR, size: 36" box, 15' 0" Oil eenter spooiNg, iNformal spaeing. (b) Podocarpus macrophyllus, Yew PiRe, size: 36" box, 15' 0" on center Sf)aeing, formal arrangement in a row. 40 758-185 2. Screoo sh..-ubs at groundplane. Syzygium paniculat1:Hll, Bash Cherry; size: 15 gal. @ 15' 0" on center Sf)acing. 3. Ornamental groundcovers. DfDught tolerant grol:lfldeovers, flats 4" on eenter, triangular Sf)ooing. 4. Vines: Suggested types: Parthenocisns TricuSf)idata, size: 15 gal. @ 15' 0" on center spaeiag; Bouganyilla species, size: 15 gal. @ 15'0" on center Sf)aeing; Ficas Pumila, size: 15 gal. @ 15'0" on center Sf)aeing; }~igoNoN Ceptopus, 15 gal at 15 ft. O.c.. ~ Temporary Landscape Adiacent To Undeveloped Parcels. Areas ofthe site not deiliiiiil. in the initial phase _ be developed as surface parking and .. shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setback Areas - Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas - Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-112) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm - Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordance with the City's commercial development standards. Turf areas shall not exceed four to one slope. 4. Canopy Trees - Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. 5. Turf Types - Shall be consistent throughout project (Marathon IT) 6. Shrubs - Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features - Will accent undeveloped parcels, prior to project buildout. 41 758-186 It General Notes. 1. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 2. Textured eOBcrete paying in the short term parkiag will be sealed for ease of maintenance and pr{)tection from yehiele oil leaks. 3. Planter areas iN the slab over underground parking 'Hill be sealed for water proofing with asphalt eoating and a liNer. ~ No use of Queen Palms for the project interior areas. Is-. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 6. Vine pockets and/or fenestration shall be provided at all three story '.valls of single family attaehed housing to minimize the blank garage '.valls. 1+. All landscaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick coupler adjacent to all trash enclosures shall be provided. 18. On site trees will be spaced in coordination with required existing parkway trees. 19. The development will provide double-staking for all newly planted trees (on and off site). Iw. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 1++. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air conditioning units, etc. ~. Phasing of landscape implementation shall be compatible with the construction schedule for the entire project, as per the approved site plan. 42 758-187 1I-1-J. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. ~. A xeriphytic landscaping materials and irrigation desi used for this ro' ect. In addition, the plant palette shall mirror that of Santiago Park, where the park is adjacent to the project. 43 758-188 PART VI. SIGNAGE A. Intent. Every sign in the Main Street Concourse _project will be part of a planned sign program which will be submitted for ~lanning department _review and approval in accordance with the criteria set forth in this Plan and __DiYisiofls 3 and 4 of Ordinance No. NS 2116 (Sections 41 880 throl:1gh 41 894 oftfle Code adopted March 18, 1991). The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the MaiN Street Concourse _ Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The Main Street Concourse ~roject is envisioned as a superior quality urban-style mixed-use complex, _architecturally spectacular hat commereiaUy restrained. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter ofthe project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the Concourse, be compatible with the kind of exciting dynamic environment which is intended to be created. For the purposes of this Plan, the "iNterior" ofthe Main Street Concol:lfse projeet is depicted on Exhibit B attached hereto, and inoorporated herein. B. Sign Message Categories. The project sign program shall address the following categories of information: · Project and major facilities identification at site entries · Tenant identification signage · Regulatory vehicular signage · Directional vehicular signage · Street identification · Informational pedestrian signage · Directional pedestrian signage · Building identification signage · Site directories and orientation maps · Service signage · Parking level and area identification signage · Visitor directional and informational signage · Building address signage · Building/site directories 44 758-189 · Eleyator ideNtification and fire/life safety · Office tenant identificatioN sigHage · Typical door identification signage · Restroom and telephone identification signage · Operation information signage · Electronio cinema marquee · Loading dock information · Loading dock numbers . Bus and taxi identifieation · Bus and taxi loading and unloading iNformation · Construction barricade · Fixed Gaidc'llay signage (future) C. Physical Sign Types. Physical classification of project signage will be by the following categories: I. Freestanding signs. 2. Wall/canopy signs. 3. Projecting signs. 4. Marquee signs__. 5. Under canopy/windowlhanging signs. 6. Major building ideNtifieation. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. 1. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are acceptable only within the interior of the project. Such signage could be used with respect to the theatre, health elub, or restaurants. Such signs shall not be visible from the perimeter public right-of-way or the residential development in the project. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior of the Main Street Concourse ~roject, provided they are consistent with the overall design ofthe signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 45 758-190 4. The sign program shall acknowledge approval of carefully worded parking garage sigHage and on-site circulation directional signage f{)r Phase I and Phase II per the EIR and the f JRpCO parking study. E. 1. Freestanding Signs a. Exterior to the Project. The project may in00rporate a maximum of sevoo freestanding double faced signs which are visible from the exterior ofthe project, with fiye signs haying a maxil'ffil.lR sigH face of 60 square feet and a maximum. height of 15 roet. There may be a total of tv;o freestanding signs measuring BO more than 30 feet high 'with a 120 square foot face which are '/isible from the exterior ofthe projeot. }.. free standiNg sign for each related address, such that the pmject address shall be located on a sigH whieh can be easily seen from the street. Such freestanding signs Need not be placed in planters but may be located along or oofOSS a public or private street. b. Interior to the Project. 1. V1ithin the iNterior of the proj ect, there may be six freestanding signs. Such signs may be for ifldividMal tenaBts, project identification or directions. Interior freestanding sigHS shall Bot exceed 7 feet high and 15 sq. ft. maximum sign area. Signs located in the interior shall only be oriented f{)r viewing fr{)m the interior. 2. Wall/Canopy Signs. a. Wall signs interior to the project may be plooed higher than the seCONd floor on an area where there are three stories of retail and the third story of retail space has a separate third floor access. Ilr. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. Signs within the interior of the 46 758-191 proj ect which use mirrors reflecting a direct light souree or utilize flashing, blinking or sequence lights may be used proyided they do not visually predominate fr{)m the exterior of the project so as to create a safety hazard, or so as to adyersely affect adjooent IlH'ld l:1ses. 3. Projecting Signs. a. Within the interior portions ofthe project, such as along the Concourse, one projecting sign per pedestrian level tenant may be provided. b. The project may provide any number of such signs with mixed types so long as the style ofthe signs area aesthetically compatible. Projecting signs shall be located no closer than 15 feet from one another. Projecting sigHs may be located on all stories of retail uses iN the pr{)j ect. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. d. External to the project there may be ODe major projeoting entranoe sign for eooh side of a pedestrian or vehicular entrance. Eooh such proje6ting entran:ce sigH may not exceed 24 feet in vertioal dimension. 4. Marquee Signs. The ~ _ may have a major marquee sign at the cineplex _ entrance. The marquee sign may be large enough to accommodate the informational requirements ofthe uses being identified, BftEl may employ changeable copy__ 5. Signs Under Canopies And Marquees. The area of any sign under a canopy or marquee shall not exceed 21 square feot . Such signs shall meet all minimum Building Code height clearances. e. Major BuildiNg Identification SigHS. Major building identifioation signs need ROt be located at the top story of a building, but should be limited to the top five stories. \Vith respect to letter height, for structures withiN the Main Street CONcourse Plan area with fifteen or more floors, the letters used for 47 758-192 major bHilding identificatioN signs will be cal~il:11ated at 4 inches per fleor o'/er 18 floors plus a base allO'.vanee of 12 inches. Thus, for the planned 32 story offiee structure, the height ofthe letter permitted 'Hill be approximately 140 inehes. SigHs shall not exceed 10% of the width of the sigHable area. M~or building identification signs shall Bot be permitted on residential bl:1ildiNgs. There shall be a maximum of one sign per eleyation and four signs per building maximwn. Ih Temporary Identification Signs. a. b. Construction Sign: One sign not to exceed eighty (80) square feet in area denoting the arehitects, engineers, eontractor, brokers, designers and other related subjects \vill be allowed at commencement of cOBstruction. Said sigH will be removed within thirty (30) days after issuance of an occupancy permit for the building. The sign may be illuminated. The sign shall not exceed 20 feet in height. c. 1& Submission Of Main Street Concourse _Plan Signing Design Program. Project applicant shall submit a planned project sign program for review by the Planning Department _in accordance with the standard Pllanning departmoot _procedures and this Plan. The following Code proyisioRs have 1312100 identified as being incompatible with the overall goals and objecti'/es ofthe Main Street Concourse Plan and therefore these Code sections shall not be applicable to the sigH program for the Main Street Concourse. The rele'lant Code sections are: *Section 11 860(a) (3) (prohibits moving sigHS); 11 861(2) (prohibits flags and banners); 41 862(a)(1) (limits size of freestanding signs); 48 758-193 41 862(b )(2) (signage must be iR a planter); 41 862(b) (4) (limits signs near residential uses); 41 862(13)(5) (Sf)ooiNg limits on freestanding signs); 41 862(c) (2) (height limits); 41 862(c) (3) (limits site to one freestanding sign); * 41 862( d)( 4) (no mirmrs or flashiNg, blinkiNg, sequeRced lights); 41 862(d)(5) (limits location ofpmject address); *41 863(d) (1) (4) (limits on location ofvlall or canopy signs); 41 863(e) (1) (all sigHS consistent iN shape, type and materials); 41 863(e) (4) (RO mirrors or flashing, blinking or seq-1:1enced lights); 41 864(a) (limit pr{)jecting signs); 41 864(13) (2) (NO projecting sigH may be withiN 50 feet of another); 41 864(b) (3) (no pr{)jecting sigH higher than gnnmd le'/el); 41 864(c) (2) (face ofprojeeting sigH shall not exeeed 25 sq. ft.); 41 864(c) (4) (face of projecting sigH ml:lst be less than 4 feet from wall1t 41 864(c) (5) (face ofprojecting sigH must be less than 7 '/ertical feet1; 41 864(d) (1) (sigH copy may not e-xceed 50% of sigH fooe); *41 864(d) (3) (no blinking, flashing, unshieldod or sequenced lights); 41 865(b) (limits on sigH fooe and copy area of marquee signs); 41 865(c) (limits on dimensions for marquee signs); 41 866(d) (limits sigHS uader canopy or marquee to 4 sq. ft.); 41 866( e) (limits letters on signs lillder canopy or marquee to 8 inches); 41 867( d) (requires building idefltification signs to be on top story); 41 867(e) (letter height limits for building identification signs); 41 868(a) (3) (sign face limits for resideNtial identification sigHS); 41 868(a) (4) (height for residential identification sign CanFlot exeeed 6 feet); 41 868(a) (5) (width for residential identification sign cannot exceed 8 feet); 41 868(b) (limits ON directory type signs); *41 872(a) (limits on directional signs); and 41 872(e) (limits on constructioR signs). A "*" a t I. h: h . ,..n eno es regu atlOns W lC are applIcable only to the exterior of tho proj ect. 49 758-194 PARTVIT. LIGHTING Street lighting can be used to help unify the Main Street CORcourse _and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design concept are encouraged. Street lighting and parking lot parking contribute to the safety and security ofthe project. Unique lighting fixtures may provide easy identification of the project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior ofthe project. Lighting shall not interfere with vehicular traffic. A. Street Lighting/Exterior To The Proiect. (Public Right-of-Way) 1. All street lighting along Main Street, O'lIens _and Lawson shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifications as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to create unity along the project perimeter, in accordance with the City's commercial development standards. B. On-Site Parking Lot. Pedestrian Lighting. Concourse Drive. 1. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic up lighting or wall shadow effects with plant materials encouraged. 3. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area ofthe project. 4. The use of neon and other specialized lighting effects that would reinforce the attractiveness ofthe project to pedestrian traffic and incorporate the design theme of the project may be used. 5. The use of white or clear string lighting in trees around outdoor pedestrian areas may be used. 50 758-195 6. Washing large wall areas with light to create shadows from landscape materials may be used. 7. Lighting along the Concourse Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. 1. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commercial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sources. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effects. 5. Lighting shall not cast any glare onto adjacent lots and streets outside the perimeters of the Main Street CONcourse_ project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Architectural lighting should be used to articulate the particular building design. D. Classification Minimum Maintained Horiz. F.e. at Gro1:Hld Min. Ayg. Vert. F.C. Vlalkways ,'\djooent to RDamvays 1.0 F.C. 2.2 F.C. @ 51 758-196 Intermediate Areas Residential Areas \Valkways Distant to Roadways Open Pooility (Parking Lot) CO'lered Faeility (Parking Structure) Ramp and Comers EntFance Areas 0.6F.C. 1.0 F.e. 1.0 F.e. 1.0 F.C. 4:1 5.0F.e. (daytime) (sum of electric ...p. daylight) 4:1 5.0F.C. (nighttime) 10.0 F.e. (daytime) 50.0 F.C. (daytime) 52 758-197 &-feet 1.1 F.C. @ 5 feet 0.5 F.e. @ 8 feet 0.5F.C. I. The miniml:UIl to average uniformity ratio of illl:l1llinance le'/els on non residential pathways should not exceed 5: 1. In residootial areas, a ratio of 10: 1 is acceptable. 2. }..Il enclosed 60rridors shall be illl:l1lliRated to a minimum one (1) footcandle of light. 3. Lighting dosigas for ea6h phase of de'/elopment including Photometric footcandle caleulations of all parkiNg lots and walkways shall be r'€iviewed by the Poliee Department ofthe City of Santa Ana for cONsisteney '.'lith this Plan. 4. The use of low pressure sodium as a lighting source is prohibited. 53 758-198 PART Vill. OPERATIONAL STANDARDS 1. Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program ofthe certified final Environmental Impact Report for this project. 3. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following studlies __reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan Seeurity plan Shared parking analysis Parking operations plan 5. All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. In addition, funding for priyate cart piek up of trash from the individual to'NnHOaSeS to a eentral point shall be establisheG prior to buildiNg oceupaney. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic lanes, parking management, valet and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse fe:uF .car garage that will disrupt the ability to park resident and guest vehicles in all foW" "spaces. 1 O. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 54 758-199 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 12. The pr{)posed Ron residential parking requir6ll'l:eflt relief shall not be greater than proportiONal to phase size NO more than a 20% maximum reduction and sabject to eonditiol'ls of a parking reauetion yariance. Prior to Phase IT, the parkiNg requirement may be re6*:amined at the developers option. The parkiNg reC:}uirement as determined through a parking demand study of occupied Phase I, may be readjblst (up or dovln) by the Plar.mng Commission as a eondition of Phase IT building permit. 55 758-200 P,\RT IX.. CONCEPTU,'\L PLAN APPROV,'\L The city hereby apprO'les these eertaiN eoneeptual site plans for Main Street Concol:lfSe prepared by Johar.nes Van Tilburg & Partners, approyed in the City's Site Plan Review process and illustrated on Exhibit C 1 and C 2 attaehed her-eto (hereinafter the "Conceptual Plan"). ,\pproyal(s) of non material amendments or modifieations to the Conceptual Plan or any final Plans apPf{)yed by the City may be made by the City of Santa ,\na Directors of Public 'Yorks and Plar.ning. The Owner shall have the right to appeal any ad'lerse decision, first to the Planning CommissioN and thoo, if necessary, to the oity COlilloil. '^L "Ron material" ehange shall be a minor site plan alteration in harmony with this Plan and any de'/elopment agrecment which may then affect the property. The CONeeptl:1al Plan assumes the e'/entual acquisition by the de'leloper of the Main Street Concourse projcct ofthe Polly's Pie site at the corner of Main and Owcns. ConscqueNtly: No building permit shaH issue for any dC'/elopment ofthe subject property until one ofthe following conditions has been satisfied: (1) The developer ofthe Main Street Concourse Project shall have acquired the Polly's Pies sitc. (2) The de'/eloper ofthc Main Street Coneeurse Project shall have entered into an agreemeNt with the Commlillity Redevclopment Agency of the City of Santa Ana whereby the deyeloper agrees to purehase the Polly's Pies site from the Redeyelopment Agoocy if it is acquired by the Redevelepment l\geney, and the Redevelopment Agency either shall ha,,'e ooql:1ired title to the Polly's Pies site or shaH have obtaincd a right of possession ofthat site pursuant to an aetion in emiNent domain. (3) The deyeloper ofthe Main Street CORcourse Project shaH have obtained appmval by the City (subject to reasoNable CONditions) of (a) a tentative sabdivision map whieh does not include the Polly's Pies site, and (b) a development plan for the Main Street ConcoaFse Projeet, in oocordance with the ZONing regulations applicable to the SD district, which assumes the nON aequisition of the Polly's Pies site by the developer. All Phase IT il'Fl:f.lrovements shall be sabmitted to Site Plan Revievl and the Plar.ning Commission for revicw and appro'lal iN conf{)rmanee ':lith this Specific D6Y/elopment and any Dcvelopment l\greement, tract map conditiONS, conditional l:lse permit or yariance applicable to this site. 56 758-201 All material amendments or modifications to the conceptual plan shall be reviewed and approved by the Plar..ning Commission. 57 758-202 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE ~ 6103 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: December lOT, 2004 EXHIBIT 7 758-203 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company ("Owner" or "Property Owner"). facts: 1. RECITALS. This Agreement is entered into with reference to the following 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office of the County of Orange (the "Original Agreement"). (1) The purpose of the Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93-_. (2) Orient's interest was subsequently acquired by Owner, who has applied to the City for approvals of a modified project, including an amendment to SD-59 and a new vesting tentative map. (3) The City and Owner agree that the changes Owner seeks in the Original Agreement substantiate the need to amend and restate the Original Agreement. 1.2 Code Authorization. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and Owner in the development process. The City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) the time of development. This Agreement is intended to assure adequate public facilities at (2) This Agreement is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS-_. (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. 758-204 (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process:-, as further provided in this Agreement. (5) This Agreement will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property is approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is vacant:- 1.3 Approval of Owner. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On October 25, 2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. This public hearing was duly held, all public testimony was attended to, and consideration of this matter continued by the Planning Commission to its regular meeting of December 13,2004, on which date the Planning Commission recommended to the City Council of the City that it execute this Agreement. On , the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On , the Council adopted Ordinance No. approving this Agreement. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the Agreement, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 758-205 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Map" means Tentative Tract Map No.2004-06 , approved concurrently with this Agreement. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Property, and includes Main Street Concourse, LLC's successors in interest. Exhibit B. 2.3 "Property" is the real property described in Exhibit A and referred to in 2.4 "Project" is the development of the Property as generally set forth in SD-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental Impact Report No. 2004-01, and Site Plan Review No. 2004-05. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required by this Agreement, and is subject to refinement at the time of installation, by Agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Referred to Def\ienation Def\cription in Section A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Public Art Locational Plan 2.5 D Phasing Plan 5.1.1 E Remaining Offsite Mitigation Measures 5.1.2 F Residential High Rise Tower SchemeStllcly A rea 5.4 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This Agreement amends, restates and supersedes the Original Agreement in its entirety. 758-206 4.2 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.3 Effective Date; Duration of Agreement. The "Effective Date" of this Development Agreement shall be the date that the City Council ordinance adopting this Development Agreement becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-_ (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures or unless its effective date is stayed by order of a court with jurisdiction. The remaining term of this Agreement shall extend for the same period as specified in the Original Agreement, unless this Agreement is earlier terminated or its term modified by further agreement fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall remain in full force and effect. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of the Map, including any lot line adjustment or merger of lots (or any other tentative map filed subsequent to the Effective Date of this Agreement), shall not expire during the term of this Development Agreement remains in effect. (c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original or any modified term, the Property is in the process of being developed, the term of this Development Agreement shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. (d) The expiration of this Development Agreement shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this Development Agreement, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law. (e) Upon the expiration or termination of this Development Agreement for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4.4 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that except as provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such 758-207 written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for ownership, investment, use or development by them in accordance with the provisions of this Agreement. 4.4.1 Assignment to Controlled Assignee. Notwithstanding the above, consent shall not be required in connection with a Permitted Transfer (as herein defined) of Property of Owner provided City Council is notified of such Permitted Transfer and furnished with copies of the fully executed instruments effectuating same within fifteen (15) business days after the effective date thereof. For purposes hereof, the capitalized terms used herein shall be defined as follows: (i) "Permitted Transfer" shall mean Transfer of the Property or direct or indirect interests in Owner if, following the transfer (a) the Property remains under the Legal Control (defined below) of Robert H. Bisno, or, upon the death of Robert H. Bisno, his heirs or devisees, or (b) foreclosure pursuant to the provisions of section 8.5 of this Agreement. (ii) "Legal Control" shall mean the power or authority, directly or indirectly through one or more intermediaries, through the ownership of voting securities, by contract or otherwise, to direct the management, activities or policies of such person or entity. (iii) "Transfer" shall mean any change in the direct or indirect members, partners, shareholders or principals in the ownership of an entity or other ownership components of such entity. 4.5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868; provided, however, that as specified in section 5.5.1 of this Agreement the Executive Director may approve one or more minor changes in the Project only to the extent that such changes are not required by State law or the City Municipal Code to be decided by the Zoning Administrator, Planning Commission (or other City Commission) or City Council. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement except as may be provided in Section 6.3(5) of this Agreement. 758-208 4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, other than a breach by the City of its obligations hereunder. Property Owner agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any third party claims arising out of this Agreement, or any approval or certification by the City relating to the Project. This hold harmless Agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement, The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, excluding fees and costs for special counsel to be selected by the City or other outside counselor consultants, if any, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.8 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.4 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.9 Relationship of the Parties. The contractual relationship between the City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.l..O9 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile in the manner provided in this Section, to the following persons: Ifto the City, to: 758-209 City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 If to Owner, to: Main Street Concourse, LLC c/o Transaction Companies 1800 Century Park East, Suite 450 Los Angeles, CA 90067-1518 Attn: Robert H. Bisno Telefacsimile (310) 277-3787 and, F. Thomas Muller, Esq. O'Melveny & Myers LLP 400 South Hope Street Los Angeles, California 90071 telefacsimile (213) 430-6407 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 758-210 5. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use(s)~ density, height, size of structures and intensity of use of the Property, and provisions for reservation or dedication ofland for public purposes and any other exactions or mitigation -measures applicable to the Project shall be those rules, regulations, and policies applicable to the Property as of the Effective Date, including those set forth in District Plan No. 59, as amended concurrently herewith. 5.1.1 Phasing of the Project. The City agrees and acknowledges that the Project may be phased by Owner pursuant to the Phasing Plan attached to this Agreement as Exhibit D. 5.1.2. Development of Commercial Component Tied To Development of Hold Rack Units. a Prior to Owner seeking issuance of a huilding permit for the fina 1 41 residential units in the Project (excluding from this count units within the Residential Tower Study Area (Exhihit F hereto)), or for any residential unit located within the Residential Tower Study Area (Exhihit F hereto) (hereafter collectively referred to as the "Hold Rack Units"), Owner shall have first ohtained validly issued huilding permits for one hundred percent (100%) of the commercial component of the Project h Prior to seeking a certificate of occupancy for any of the Hold Rack Units, Owner shall have completed all improvements, including site improvements and excluding only tenant improvements, for one hundred percent (100%) of the commercial component of the Project " 1 1 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that Owner's predecessor in interest under the Original Agreement, has constructed or caused to be constructed many of the offsite mitigation measures required by the Original Agreement, which mitigation measures were scaled to mitigate impacts from a substantially larger project than Owner's. Therefore, the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit E to this Agreement. 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465,208 Ca1.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation ("Reserved Powers"): a. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted 758-211 or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Future, Proposed Residential, High Rise Towers. Without in any way affecting the rights vested pursuant to this Agreement, Owner shall meet and confer in good faith with the City on whether to construct a residential, for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this Agreement, in lieu of the development approved for such area concurrently herewith. The parties hereto acknowledge and agree that the City's discretionary review of any such proposal together with any approvals sought to develop any such tower on the Property shall be deemed to fall within the provisions of section 5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith investigation and consideration the Owner has not concluded by August 1,2005, that a high rise development is feasible, Owner may proceed with development as approved concurrently herewith. No fees, exactions, mitigation measures or dedications shall be required with respect to such area until development commences thereon. 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by this Agreement subsequent to the effective date of this Agreement from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, material changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for discretionary land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police 758-212 power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing between the parties. 5.5.1 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this Agreement, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification. " 5.6 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any exactions, project design features, conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Work of Public Art. In consideration for the extraordinary and significant benefits to the City set forth in this Section, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall include within the Project at one or more prime locations visible to the public from currently existing public right-of-way, one or more permanent works of public art (the "Public Art"). The Owner shall design and/or construct the facilities specified below prior to the corresponding triggering event specified in section 5.8.1 below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public Art Locational Plan." 5.8.1 Work of Public Art. Facilities to He C;onstmcteci Trieeerine Event (R g) New lJse or New Area) Prior to issuance of first Building Permit or four (4) years from the effective date ofthis Agreement, whichever comes first. 1. Submit Pinal Design of Public Art. Pinal design must conform to Public Art Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any building, or five (5) years 758-213 from the effective date of this Agreement, whichever comes first: With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building permit. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. 5.8.3 Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a l25-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first building permit for the Project. The City agrees to use this fee for the promotion and encouragement of cultural events and activities designed to serve the citizens of Santa Ana. 5.8.4. Park Requirements. a. Santiago Park Improvements. The Owner shall pay a special Santiago Park fee of $1.64 per square foot of net rentable or salable square feet of development as a condition of issuance of each building permit. The parties acknowledge and agree that this contribution is in addition to any tax or fee or dedication imposed by the City on new residential development. The City shall use said fees for deferred maintenance and capital improvements to Santiago Park. If not used or appropriated within five years after payment, this fee shall be returned to Owner, consistent with the provisions of and exceptions contained within the California Mitigation Fee Act, Government Code ~ 66000 et seq. This fee shall be offset against the fee owed the City pursuant to section 5.8.4(b) of this Agreement (i.e., the amount in the "In- Lieu Park Fee" required of Owner shall be reduced by an amount equal to the special Santiago Park fee paid by Owner pursuant to this section). b. In-Lieu Park Fee. The Owner shall pay an "in lieu" fee at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34- 204 et seq. of the Santa Ana Municipal Code, as specified in the City's site plan review letter; provided, however that the fee may be increased yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by the annual change in the "Construction Cost Index-Los Angeles," published by Engineering News-Record, or substitute 758-214 index chosen by the Executive Director should this index is discontinued. The fee shall be paid for each phase, as set forth in section 5.1.1 of this Agreement, prior to issuance of the first building permit for that phase. 5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) No more than four residents per live-work unit. (2) All residential and live-work units shall remain owner occupied and shall not allow rental of the entire unit. (3) Use Restriction for Live-Work Units. The live-work project must remain as a live-work community. The work component shall be limited to one of the allowable uses as specified in the Specific Development (SD-59) zoning district. (4) Repair of perimeter walls will be specified in the CC&R's in the event of damage. (5) The CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property zoned and/or devoted to commercial use), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (6) The CC&R's shall reflect that ground floor space in the live-work units shall be restricted to work/retail activities. (7) The CC&R's shall reflect that balconies may not be used for storage. (8) Terms and Content: 1. CC&R's are to be in effect for 66 years. 11. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 5.9 Responsibility For Costs of Work Of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 758-215 5.10 City to Receive Contract Documents. Owner shall furnish the City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.11 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.12 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action ofthe City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property or the implementation or construction of a mitigation measure, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property or this Agreement. 5.13 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. S 12101 et seq., Government Code S 4450 et seq., and the Unruh Civil Rights Act, Civil Code S 51 et seq. ("Governmental Requirements"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Executive Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 758-216 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (1) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this Agreement that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, a written notice of default, in the manner provided in Section 4.109, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default( s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default( s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this Agreement in accordance with the procedure adopted by the City. Failure or delay in giving notice of default- shall not constitute a waiver of any default, nor shall it change the time of default. 758-217 (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2'J, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, ther~ shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (4) Non-performance shall not be excused because of a failure of a third person. (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this Agreement for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court ofthe County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion ofthe Property or any improvement on the Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Property or its improvement (any such encumbrance, a "Mortgage"). 758-218 8.2 Entitlement to Written Notice of Default. The mortgagee ofa mortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this Agreement (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed diligently to obtain possession of the Property (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as may be incident to obtaining a relief from stay in the case ofa bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible 758-219 of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new agreement or amend this Agreement with such party, upon the written request therefor by such party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new agreement or amended Agreement shall be substantially the same in form and content to the provisions of this Agreement, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this Agreement. Upon execution and delivery of such new agreement or amended Agreement, the City shall cooperate with the new owner, at the sole expense of said new owner, in taking such action as may be necessary to cancel and discharge this Agreement and to remove Owner named herein from the Property. 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 758-220 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement, including without limitation the Original Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of the City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this 758-221 Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date ofthis Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, pursuant to Ordinance No. authorizing such execution, and by Property Owner. Dated this _ day of ,200_. THE CITY OF SANTA ANA By DAVID N. REAM City Manager Approved as to Form: By JOSEPH W. FLETCHER City Attorney (signatures continued on next page) 758-222 (signatures continued from previous page) MAIN STREET CONCOURSE, LLC, A California Limited Liability Company By: TransAction Financial Corporation:. a California Corporation, Its Manager By Robert H. Bisno, Chief Executive Officer 758-223 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of , 200_, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this day of , 200_, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of ., the that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 758-224 EXHIBIT A Property Legal Description To be inserted 758-225 EXHIBIT B Property Site Plan To be inserted 758-226 EXHIBIT C Public Art Locational Plan 1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Main Street at one or two major entrances to the Project, with the final location to be determined as specified in paragraph 2.5 of this Agreement. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this Agreement. Review and approvals required by the Planning Commission pursuant to sections 5.8, 5.8.1 or this Exhibit C may be delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation 1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) 11. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. IV. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 758-227 VI. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. V11. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. a mass produced object from a standard design; 11. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor iv. a water feature, in whole or in part. 758-228 Development Agreement No. 04-04 EXHIBIT D Phasing Plan 758-229 ^~ PHASE -r~o Pf-\ASE ONE EXHIBIT E Remaining Offsite Mitigation Measures 758-230 Development Agreement No. 04-04 EXHIBIT F Residential Tower Study Area 0~' __ ~~~',~~r";;'fl~.~ 758-231 Vesting Tentative Tract Map No. 2004-06 October 25, 2004 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the District Center land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2004-06 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. B. The proposed project, as conditioned, conforms requirements of the zoning and subdivision codes, applicable City ordinances. to all applicable as well as other The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2004-06 is in keeping with the provisions of the site plan review (Development proj ect No. 2003-48) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2004-06. C. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 17 acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, allowing adequate frontage for each parcel. The site and parcels have been determined to be capable of supporting the type and density of the proposed proj ect. There are no physical constraints on the site to preclude development. ZOA 04-61EIR 04-1/DA 04-4 CUP 04-281SPR 05-5 VESTING TTM 04-6 EXHIBIT 8 758-232 Vesting Tentative Tract Map No. 2004-06 October 25, 2004 Page 2 of 2 D. The design and improvements of the proposed proj ect substantial environmental damage or substantially injure fish or wildlife or their habitat. will not cause and avoidable There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. E. The design or improvements of the proposed proj ect will not cause serious public health problems. The proposed infill development is for mixed-use development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. F. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2004- 06 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. 758-233 DECEMBER 13,2004 PAGE 1 OF4 Conditions for Approval Vesting Tentative Tract Map No. 2004-06 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The Covenants, Conditions and Restrictions (CC&Rs) must oh~ll be revic-.;ed ~nd approved by the Planning Manager prior to the issuance of any building permit ~pprov~l of the fin~l veoting tr~ct Ffl~p. Such CC&Rs must contain at a minimum, the following; a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. (Requested Modification by Staff) . 3. A final map must be approved and recorded prior to issuance of building permits. 7 5'S~~~4 DECEMBER 13,2004 PAGE20F4 4. The final map and all impravements required to. be made ar installed by the subdivider must be in accardance with the design standards and specificatians af the Santa Ana Municipal Cade and the requirements af the State Subdivisian Map Act. 5. Two. capies af the recarded final map and CC&Rs shall be submitted each to. the Planning Divisian, Fire Department, Building Divisian and Public Warks Agency within 10 days af recardatian. 6. Prier to. issuance ef building permits, the interiar building amenities shall be submitted far review by the Planning Divisian ~nd oh~ll be ~t the o~me or higher le~el of qu~lity ~o the 8~ntiago Ctreet Lofto (CUr 200~ 03) ~nd Oloon lofto (cur 2001 28) . The amenity package submitted far review shall include but not be limited to. flooring, staircase railings, daars and hardware, kitchen appliances and cabinetry, countertopo dual bewl compartment 0 sinks and fixtures, b~throom oinJco tile walls, enclooure tiled shawers- enclosures and kitchen cauntertaps of stene tile er stone slab, er their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Menogram Series preduct line fer the kitchen appliances. All cabinets shall be ef a stain grade hard weod. (Requested Modification by Staff). 7. The applicant shall pprovide a plan far lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by Planning during the lighting plan check phase. 8. Develapment, aperatianal and maintenance standards shall be established far the number, style and lacation af benches. These benches shall be reviewed and appraved when the landscapes are submitted into. plancheck. 9. Camman area amenities shall camply with the follawing: a. Pursuant to. the Plan (Exhibit 3), plazas, drive pedestrian walkways and camman area amenities praject, shall be campletely installed prior issuance af a certificate af occupancy for the phase that includes the apen space. aisles, far the to. the praject 758-235 DECEMBER 13,2004 PAGE30F4 10. Pedestrian walkways shall be provided through all lots to establish pedestrian connectivity throughout the project site as shown on the Plan (Exhibit 3). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles shall be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 14. The courtyards in the residential development sites shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees, plant material and water features. (Requested Modification by Staff) . 15. Prior to issuance of building permits, amenities, materials and finishes shall and approval by the Planning Division. by Staff). the exterior building be submitted for review (Requested Modification 16. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear. width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. (Requested Modification by Staff). 17. Glass storefronts and windows within the retail compon~nt shall provide clear glass. The use of opaqu~or semi-opaque storefronts or glass is prohibited. (Requested Modification by Staff). 758-236 DECEMBER 13, 2004 PAGE40F4 18. Prior to submittal into building pI ancheck , revise the plans for the PI, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 19. The courtyard improvements in the residential component shall be completely installed prior to the issuance of any certificate of occupancy within the project phase that includes this portion of the parcel. (Requested Modification by Staff). 20. An open space area measuring a minimum of 70 feet in any direction and containing a minimum of .34 acres of land shall be located near the center of the residential project site and within Lot 2. The open space shall include informal modern outdoor furniture and seating areas, and landscape trees and material. 21. All garages shall provide insulated garage doors with automatic opener and transmitter. (Requested Modification by Staff) . 22. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. (Requested Modification by Staff). 23. Prior to submittal into building plancheck, revise the plans for the PI, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 24. Prior to issuance of building permit~, submit for plan outlining the design of the fire access (Requested Modification by Staff). review a location. 25. Units designed to accommodate stacked washers and dryers shall provide such appliances. (Requested Modification by Staff). 758-237 Conditional Use Permit No. 2004-28 October 25, 2004 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of 73 live-work studios will provide a residential living with opportunity to commercial businesses. The unique provision of space that can be utilized for dual purposes within a single unit provides a component integral to the mixed-use nature of the City Place project and the zoning goals. The injection of living and working space will provide a lifestyle that ha.s proven successful throughout urban areas wi thin the United States. A live-work project will add to the vibrant dynamics of a mixed-use project, increasing activity within the District Center designation of the General Plan. B. Will the proposed use under the case be detrimental to the health, persons residing or working in the circumstances of the particular safety or general welfare of the vicinity? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a large vacant portion of north Main Street will assist in promoting the economic viability and enhance the livability for this area. C. Will the proposed stability or future surrounding area? use adversely affect economic development the of present property economic in the The live-work studios are a suitable and appropriate use within the mixed-use project and the District Center setting. The addition of live-work studio space should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses. ZOA 04-61EIR 04-1/DA 04-4 CUP 04-281SPR 05-5 VESTING TTM 04-6 EXHIBIT 10 758-238 Conditional Use Permit No. 2004-28 October 25, 2004 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2004-06, the proposed project will be in compliance with all applicable regulations and conditions imposed on live-work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The live-work community is consistent with the General Plan Land Use Ele ent designation of District Center and the proposed amendmen s to Specific Development No. 59. The proposal is suppo ted by the Land Use Element Goal: 2.0, Promote land uses hich enhance the City's economic and fiscal viability; and Goa 3.0, To promote a balance of land uses to address basic community needs. A live-work community will assist to further the goals of the District Center designation of the General Plan. 758-239 DECEMBER 13, 2004 PAGE 1 OF4 Conditions for Approval Conditional Use Permit No. 2004-28 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48) . 2. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept wi thin the cncloocd otructurc retail area including the surface parking area. (Requested Modification by Staff). 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this proj ect. (Requested Modification by Staff). 5 . The project shall be constructed Municipal Code Chapters 8 and units. in compliance with Santa Ana 41 pertaining to live-work EXHIBIT 11 758-240 DECEMBER 13, 2004 PAGE 2 OF4 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division ~nd oh~ll be ~t the o~me or higher le~el of qu~lity ~o the C~nti~go Ctreet Lofto (CUP 2001 03) ~nd Oloon lofto (CUP 2001 28) . The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, countertopo dual bowl cOFflp~rtmento sinks and fixtures, b~throoFfl oinko tile walls, enclooure tiled showers- enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. (Requested Modification by Staff). 7. The project's units shall include two-car garages with seven of the residential units utilizing two, one care garage spaces per unit (one space of which is not attached) and work studio space on the first floor and living space on the second and third levels. (Requested Modification by Staff). 8. Baefl At minimum, seven of the lofts shall be designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. (Requested Modification by Staff) . 9. Interior floor to ceiling heights will be a minimum of ten feet on the first floor and a minimum of nine feet on the second and third floor respectively. 10. The residential component of each live/workshop/studio unit shall meet the following standards: a. It shall have a space of residential living area. It shall have access to including a water closet, shower. at least 1,158 square feet of b. separate bathroom facilities a washbasin, and a bathtub or 758-241 DECEMBER 13,2004 PAGE30F4 c. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least 30 inches in front. d. It shall comply with all Housing Code requirements as modified by Section 8-2700 of the Santa Ana Municipal Code. 11. Prohibit all first levels from any encroachment for use as bedroom space. 12. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. e. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. f. The use of professional management to ensure a quality operation and maintenance. (Requested Modification by Staff) . 13. CC&R's shall include occupancy standards similar to the Olson live/work project. 14. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 15. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 16. All garages shall provide insulated garage doors with automatic opener and transmitter. (Requested Modification by Staff) . 758-242 DECEMBER 13,2004 PAGE40F4 17. Prior to issuance of building permits, the exterior building amenities, materials and finislles shall be submitted for review and approval by the Planning Division. (Requested Modification by Staff). 18. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. (Requested Modification by Staff). 19. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. Requested Modification by Staff) . 20. Prior to submittal into building plancheck, revise the plans for the Pl, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. (Requested Modification by Staff). 22. Units designed to accommodate stacked washers and dryers shall provide such appliances. (Requested Modification by Staff) 758-243 .. '" c: .. tl ~ a ., ~ .9 "0 $ '" ~ '" '" c 's; '" '" u; 8 Qi :0 ~ " "0 ~ o E ,!Il "0 c '" ~ c ~~ ~ ~ 8s - c 2 .~ 8--g Ol '" :s c: $Ol ~ ~.!!l g]i o '" U ,!: ~ ~ a. Ol .0 "0 :; o .<:: '" '" 15 a. Ol ~ .!!l in 15 a. ~ (ij E '" ~ .E (ij Ol :>1 ,!Il '" 8~ Ct'I:B t: e Ol " 1-"0 .E Ol ei u c o u -0 Ol i "[ a. ID "S 5 ~ 0 .<:: "8 i '" " ~ e \::' :5 '" Ol .l!! :5 I 0 a. :5 ~ '~ u $ 0 c ~ '" $ a. '" '" u; a. ~ C I!! Ol '" a. E c ~ '6 ~ 'w '" .<:: (ij J!! ~ '" 8 'c c 0 -= 0 e ~ "0 N .!!l :;; c 'C:: '" 0 i= l- (/) J: "0 C '" '" c: o "w 2 :5 :;; 0; ;: .9 .f; Ol.l!! c c e Om a.E I!! "0 o C E~ -g~ '" C >-'- = 0 "0 - "'>- ~ti I!! 8 ~ :z ",.!!l t5-g ~ '" ~~ .~ ~ -= " _ "0 ~ ~ o 0 ':'E .<:: '" g~ ~~ ~ C '" l/JE- -~ "0 Ol ~ ~ '" "J: ~ ~ " " ffi.2; E.o ,. E C Ol o '" _ '" '" '" 19 ~ ~ ~ ,- .0 ~~ 1: E ~ g "'-= ~ 0 .ee Q) e- O; Q) .~ 10 e;: a.~ a.~ "'I- 15 Q) c:5 .!:!!= ~'~ -g E Q)~~ '" .0 0 ~e.Q "Oa.~ lll~~ 8. ~ ,~ ~ (Q '- 1l.;:.E 5 i "8 c ~ 0 ID III ~ -0 '" 'i: Ol Ol .5 I'll i "[ 0. a. :5 E ...... "S '~ 0 '" 0 0 w .<:: $ ~ '" '" 0; III " '" ~ Q) e a. .. "l; :5 C ~ 'c '" Ol E: Q) .. Cl 15 E '" E $ c a. ~ C <l: '6 '" <( c '0. :;; ~ "0 "w .... Q) I'll C '" Ol .!2 U all 0 0 '" 't: a; $ .@ -< J!! III a. ~ ;: 'w ~ III 'iij 0 "0 ~ 0 ...l ili e '" ,g a. ~ ~ - c ~ N E 'i: Q) .!!l I'll 8 ci. .... .<:: 0 .... .... $ It: "" ..J 0 15 u 0 ~ 't: Eo- >- CIl 0 X 't: .... III '" ~ ~ Jj E ~ ~ U ::E <3 N M oo I- .s N '" 0.. '" C ~ "S; .E '" N "E! '" 0.. '" u; ~ "0 0 .E C u .l!! iZ "E! '" 0 '" I!! .Q "0 "E! ~ C '" .l!! '" '" "E '" "0 ~ I!! C 'w '" C '" u; ,!!! '" '" E a. .E Qj a. C '" '" Ol :0 " C :c rl "0 Ol rl g .<:: .B "0 :;; :;; 32 Ol i!l C >- " a; 'c ~ co $ '" C Q) >- '" > 0 .0 '" (ij a "0 ~ "0 '" '" 0 Ol Q) Q) :;; '" "0 C ~ C .~ ]i >- 'm :5 " in oo co 11. a; Ol u; '" '" Ol C S '" c " 0 E :;; "0 C " :5 '~ '" a. 0 1:: $ C " 8 '" '" Q) Qj Ol C :0 C .9 :0 rl ~ rl :5 '" C '" 'iJ '~ Ol Q) 'iJ rl .<:: Ol ~ .B Ol ~ ]i 5 32 ~ 'E '" ~ 'E 0 a; Q) 0 ~ Q) C ~ ~ u; .9 0 C '" a. C ~ "0 ~ E ~ Ol $ J!! C .a~ J!! Ol 'm C Ol ~ '" C 0 ~ 11. Z'W U '" ~ C 'w a; $ '" '" '" Ol '" C Ol 19 "0 '" '" c, C a. " " :;; 0 "0 ~ '" E 0 Q) 0 "0 :0 Ol ;: "0 rl "0 "E! C C '" " '" .<:: ~ a; :5 Q) $ :5 .<:: '" '" '~ '~ '" Ol '" '" '" u '" a. '" ;: C Q) 0 Qj Ol ,!!! C 1:: C "0 a. S Ol :0 'w a. C rl >- '" '" " .0 C :5 8 C Ol Ol '~ Ol 'C .<:: Q) .<:: 'w .B C .B 32 ~ 0 32 :5 a; '" ~ ~ '~ Ol a; '" ~ '" '" u; $ Ol 0 E '" '" rl a. 0 '" 'C E e Q) "0 C Ol Q) Q) ~ I9 c C C '10 0 0 :5 oo 11. J: U N '0 ~ .. '" .. ... ... o o N N .. .0 E .. u .. o 75iB.4 c: S c: "iij E "C c: '" "C OJ .<::: u OJ "'.0 'liL: OJ ;: ti; ~ ~ ai ';"(ij Q) Q) 0.0. '" 0. .<::: '" III "_ _ III .l!l"C Q) '" E.Q _ "C '" Q) ~ III :J a tio. S .~ 1Il_ _ a ati :J '" 11g- r:: .- u:i :c~0) Q) co .5 III c: > :::J .- to Q) "5 III ..c"'ij)w ~~~ 1Il1ll'<::: ~ ~ "2 Su~ "'2.l!l E 1i.i Q) $ 0> E .- r:: 0 (1)._ _ a"C ~ 0.= to 15.5'E U a "- _ III & c: ~ ~ 6 VI .t ~ III "!: .9 ~ 1ij 8 III III ~ ~ a .Q ~ "E "w III '" .<::: .<::: III "c "" "C c: '" III 10 o ~ Q) c: .9 III Q) 0> "C ~ Q) ~ :J III 1: Q) E Q) a; j "C c: '" "9 1;j 0. 0; 15 c: c: "9 ~ "" "C: '" l5 III ~ "C c: "~ "C c: '" '8 J!1 a III e l,) "C II. Q) ~ ~ :J U ~- ui 0> J c: 'c .<::: ;: III '" " "c 0 "" ui $ 0> ~ III .!!l .~ '" a. c: $ Q) 1: E "w Q) Q) a E a; 0. ~ Q) E c: 8 .\1 .9 is 1: III Q) Q) ~ ,s 0> "C :J Q) Q) <l: ...J ~ III ;: a "C c: "~ "C c: '" J!1 r:: ~ .<::: ~ 0 0 III "C III "c Q) UI ~ "" III ~ ";: '[ 1: :J ell ~ Q) u Q. E ui E ~ .a Q) 0> ...- a; c: 0 .. .!!!. ti; 'c 0 ~ ti; ;: ;: (,j UI 1ij .9 '" II) g> '" ui ~ :;:: <l; a. "C 0> c: "2 c: ~ Q) 1: '" II) OJ 0; .~ E: E E <( ~ ;: .<::: O/l J2 III ~ ct a "c .!!1 U all .~ 0 :; "" III '" 0. "t:: -< UI ~ 0 Q) 0; ~ ....l "iii ~ N c: Q) ~ ~ ..... u .9 E ';: ci. '- ~ III ~ '- ~ a .S! "t:: Q) Q) a ... ~ .<::: 0> :J "t:: .... ell ~ :; "C 1;j ~ U ::E - c: .;;: '" '" "C III c: 1ij .l!l III 8 ~ e 1ij :J :J "C X ~ $ ti; "E >- '" :J "C In c: 1> c: '" .9 1ij "C a. ~ Q) a "C ~ III ";;: :J "C e :J c: D.. In ti; ~ "C "C c: '" ti; .<::: III '" ;: Q) "C 'w 1> Q) "C "w is "C tl '" 1ij .Q E a e :0- ,s :0- ~ .~ Q) :t:: "E .!!l "E a Q) a III ~ a ~ c: (j c: ~ ~ ~ ~ "~ ~ Q) Q) ~ Q) ~ en ti; ~ "C "C c: '" ti; .<::: III '" .<::: ;: III Q) "c "C "" 'w 0; >. .0 ~ d> "C III "C 'w ~ is is c: "" "C "!!! $ Q) a. "!: -'" 0. 0> U '" '" ~ 1ij c: Q) "Qj ,s .<::: u "~ .9 "C :.i2 c: III a; III Q) 0; III $ a III ;: (j III .<::: ~ III 15 OJ a "~ C E OJ "iij en en Ui M ci. u; ~ .:g ~ ~ '- .g Q) Jj c: 'iij 1: "iij E "C c: '" ~ "!: .9 ~ 1ij 8 III III ~ ~ ~ ~ 'E 'w III '" .<::: .<::: III 'c "" "C c: '" III 10 ~ o ~ .<::: III 'c "" ~ $ III '" a. 1: Q) E ~ .\1 1: OJ .<::: :; <l: .<::: III 'c "" '[ :J ~ ti; 1ij III a. c: Q) E ~ o '" o N U ~ Q) .<::: :; <l: III 0> c: ";;: '" III 1ij 8 ~ u a :0 Q) 1! u c: 8 "C $ III '" :0 "C c: '" III &, .9 a 0> .9 c: .9 a. o "C Q) .<::: u OJ ,lg.o m: Q) ;: ti; ~ iai III Ci; Q) Q) 0.0. '" 0. .<::: '" III "_ _ III .l!l"C Q) '" E.Q _ "C e! Q) n8. .5.~ 1Il_ _ a ati :J '" .9:! a. - E c: .- en :0 $ ~ ~ ~ 'S; ::)'- ctI Q)"5 III .c(i)U) ;: a 8 ;:::::. "- 1Il1ll'<::: co ~.~ 't: :J ~ $ti_ '" 2 '" E-Q) .$ ~ E "ijj .5 .s 8.;g Ci; 15.5'E U a .- _ III III a ~ 0. "C Q) III .~ 1;j -'" u a :0 $ ~ u c: 8 "C $ III '" :0 "C c: '" III ,j ~ :J ~ III ;: a "C c: .~ ~ 0; :J C" "C c: '" III 1: 8 '" 0> c: '0 "w ui 0> c: "c ;: '" ui 0> ~ .~ $ "w a 0. E 8 is ~ Q) ~ III a ~ 0. "C Q) III "e 1;j g :0 Q) 1! u 8 .<::: 0> E :;,. "C OJ 1ij '" :0 "C c: '" III ,j ~ :J X Q) f- ~ 0; :J C" "C c: '" III 1: 8 '" 0> c: '0 "w ui 0> c: "c ;: '" ui 0> ~ .~ .<::: III "c "" ro Q) E III ~ ~ :J"C 10 .5 Z ;: 758-245 (,j ~ ';: Q) E: <( O/l .!!1 III "t:: ~ ~ '- .g ~ -S III 'E 0> c: ";;: '" '" "C III c: '" 1ij 1ij 8 ~ e 1ij :J :J "C X .g. $ ti; "E >- '" :J "C In c: 1> c: '" .9 1ij "C a. ~ Q) a "C ti; III ";;: :J "C e >- :J .5 D.. In ~ "C "C c: '" ti; .<::: III '" ;: Q) "C "w 1> Q) "C "w .Q E a :0- e :0- ~ ,s Q) "~ :t:: "E III 'E a E a ~ a ~ c: e c: ~ ~ ~ ~ "~ ~ Q) Q) ~ Q) ~ en ti; ~ .<::: "C III "C "c c: "" '" ro ti; .<::: ~ III '" "C ;: III is Q) ~ "C c: "C: "w .!!! $ >- a. .!: .0 0. 0> Q) '" ~ "C c: "w Q) "Qj ,s .<::: u .9 "C "~ :.i2 c: III III a; 0; E $ a III ;: e III .<::: Q) III 15 u OJ C a "~ "iij E Q) Ui en en .. <= <= N N ~ .. ... e .. " .. o N "0 N .. '" .. II. r ~ I ~ IN S- a: I- ~- i _ ~p i S- 1= iN I ~- ~: I- s- a: I p ~: I ~= i p S: I- e- ~- w ~- ... :::l 0 w I :z: U III I- U Sh W ~ ll. a= i i I ::::i ~ w g: ll. ! ~: I I ~ ~- " ~ i .. i- !l I s: I I ~ I. ~ 8 I ! I i I I I e I 5 I I a I I .. p I I ~ 5 8 ~: i ! I ~ I I ~- ~ I III I I- I i s: III i :s 'l5 , It') 't"" ~ m :I: >< W ~ i 1- ~ .. I .. I I III i B , _ I I I I I II Il h II h! 11111 Ii II I ..., R ,,- " I I ,(, r 1~ Ioi! i i Ii! i III III i III III ( i ~ i i _I Ii.. ~ ! I i ~ ~ I " " I i I i I .. I .. i I ! III 'f .. " i .. I I .. I I III ~ I I i ~ i ~ ~ Ii .. ~ 0( I .. ; p ~ I I ~ ;l Ii I Iii ~ ~ .. i ~ ~ I i I i ~ I ~ Ii II II I I .. 'l I t ~ i i I 1 I .. !l Ii! Iii i i I , I ~ ; g i Ii; 5 ~ I ~ Ii 5 ~ III ~ III ! !! ~ III III I I I b III ~ ~ ; !. b III i I I III I l i III If .. B i B i I I b : f G II ... ! I I ill ~. ~~ ~ ~ ~ ~ ~ ~ ~ il~~~~~!~~il~~I~~18~18~~~~~~~I~I~8~~I~~i~~B~!i~il~i~B~~i~~~~~18~18~il~~~ill~~~~~ OM~~___MMN_~N~~N~~N~~~_~~_~___~2i!_i~_~M_~~MM_N~MM_t~MOi~~N_8_N8il__N_N3___NN~ ~~ ~ ~ ~ ~ ~ ~ ~ !j~~~~~~~!~~~I~~I~IIIIIIIIII~~~IIIII;!III~llillllll~11II~i!!IIIIIIIIIIIII~IIIII~ ~. ::\---.. N' -lit. -lit. -lit. -:S' -:s :S' -lit ,.. -co NS-- -51S-' -"'S'" os . -liI~-:S"--' ":;I:;I":S---' f& ~ ~ ~ .... a; a; 0; :I I 8 at ~.... ~ ::!!.... ~ ~ an ! .... {;) ~ (It ~ Gl ~ iii ;i ~ -- - ~~ ~ -- ~~ ~ ~~ ~ ~0 ~~ ~z ... < ll.O ~ ~ 0 ~ t ~ ~ ~~ ~-Zi~ ~~ ~... l... ~... K >OC i ~~ ~~ 8 ~~~ ~ ~ > 5- ~- ~~ << ~c ~~ ~ c 0 ~ 0 ~i Ua ~ ~ 2U~ > ~ 09 ~~ ~~ ~0 iii-~ 6 w "3WW 2z~ >0 Z ~ ~ f ztl ~:~ >o~ ~ :~ ~ x w.- Cc z w~ ~ ~ 0 w D- ~o 0 ~ 30~ . 5 ~g ~~z~i~~~ ~~ ~~~i~ 00~_ m~~~~~ ~;i w~i i~i ~~: i~~~~ii~~ ~ :~I!~~ ~ ~~!gl! !~i!I~I!~~~~;;1110~~~lII~ii~~ ~I:~ ~i:i ~i:~ ~i~_~i~~i:~;~~~ ~i~I;~~;~~ ~~~ii~ i~~~i!~i~~iiii~~i!~i~ii~iil~i!~i~~~ii~~~ii~~~ii;~i~~il~i~~~~~i!~i!~~~~~ ~ffiffi~~5g~~~!I~~~~!I~~~~!I~!~~~~~~~f!~gi~~;~~a~;~~a~;~~a~~~a~l~a~!~!~~I!~~!~~~~5 ~i I~ C wU u. ~i ~g:~~~~~~~~~~~~~m~~~~~~ii~lil~~~lillill~l~iDSI~i~ll~ilII~i~I~~~~~I~~~~~~I~III~I~ _. ~_ N ~ ~ ~ I ~ ~ lUIIl- II ----~---- ~- ~: 8- 9: ~ft I I f I I ~- ~ I i -I ~ . - Ii 4 I i ~~ ~ III' i- ~ Ii ~ I 'i ~- ~ ~ I l II i: i I :r I ~ 2 I ~ II I" i I 5 - - II ~- i 2 ; *: i i 0 I i iF 8 ~ft i I i I 8- ~ ~ I ill i 9: I - z ~ ~ I " ~~ iF I ~ ,- I I ~: " II i- I II ~: II :1 1ft i!ft ~ ~- ~ ~ - ~ I I ., E i f ~ ~ ~ ~ i I ~ *: ~ f I 1 I ~ I 2 :z :z ~ w I i ...I ~ = = i E ::I 0 ! " "I 2 ~ ~ I i I I w ~- E I :z: 0 ~ i I I - I! r; ~ 0 ~ :z - ~ ; i - , I l- . ! I I I ~ E ., i . 0 ~~ ~ w 8- i , Ii! - ~ I i I ~ a ~ ~ ! i i ll.. 9: :z :z -I I II I · ~ m m - 4 ., ~;iil z ~ i ~- I m I ::::; I w ~ :z " . II:: j Ii I ll.. ! I i I I ~; ~ I !lll1 I ~ft ::I it g I i- I: I I I b I 758-247 ~ ::111 0 I ~ ~ Ii I ~ft! I ! ~ ~ ~_&!l ... ~ . ~ ~ i ~ ., ., 8: L L g II I i I aft ~- b ~: .., .., co .... ~~ .... .... ~i ~ ~ ~ ~a ~ ~ a a ~ ~ ~ ! 8 ~ S ~ i ~ ~ ~ g on ~ ~ II I ~ i I ~ ~ I I II ~~ I i ~ B I ~ I I ~ I ~ ~ ~ ~ B ~ ~ 0 ~ ~ 2 ~ ~ 0 s s I ~ z ~~ ~ ~ ~ ~ ~ ~ ::I .:I... ~ g ~ ~ ~ ~ ~ ~ :> :> :> ~ ~ III W !~ i ~ N I ~ i ~ .., !:l "'- ~ ~ '" N Pi ~ _ 8 - ! a a - ~ .. ~ :2a o _ i! _ !:l ~ ~ :! ~ .. ~ ... .., ~~ .., .., I ! .... n~ ~ ~ g~ II ~ ~ ~ ~ 2 ~ I ! I I ~ i I I ~ ~ g ~ B B 8 8 9 g g ~ ~ B II ~ I i ~ ~ ~ ; ~ I I f f ~~ 8 ~ I I I ~ l!l ~ ~ ~ 0 S 9 ~ :il ~ 0 z .<1: :> :> :> W W :> :> :> :> :> W 5 5 ~ ~ :> W ~UI W W g8 ~ ~ lr ~ ~ ~ z ~ ~ ~~ ~ ~ ~ ~ ... IL ~ - s i! ~ ~ ~ !!! 88 ~ !I! ~ .. ' 0 ~ ~ 8 ~ - !:l ~ ~ ~ ~ S :: ~- - ~ ~- S :: :: ~ N N _ N o _ NN o S - '" '" N N N NN NO K& - l'l ~ ~ ~ ;x ;x ~ ;x . on .. . . 0 ::l ::l ~ :! ~ S! l'l ~ l;; .. ~ '" i: :! ~ 0 l'l ~ :!! .. ~ '" . '" 13 51 l!! ill :II . ~ I!! ill ;;; 13 13 ~~ ~ :II III ;;; - . 51 e 51 e !:l!:l ~ co" ;!: N . co ;:! - N _ ....'" ... .. N ~~ ~ .... '" co N N '" '" N U. Iu; IU; 0 0 0 ;z co ... '" .... ... co N ..; ~ .0 f co ~ 0 0 0 z - - l- I- I- 0 e. t I z w ~ ~ z z Z i= w ;r Q w II) II) ::I ::I ::I I.) '" ~ l- t: W I:: N ~:z ~~ - - '" '" 0 ::I :> ~ II) w W ... - I.) :z ~ I:: II) Ii I:: I:: ... It: It: a:: g ,., ::I II) :z oO II) oO II) II) ~ II) II) - I- ~ ~ w a:: N ~ ;L N N ~ ~:i ww z z z 0_ II) ;;tu I- oO II) Ii ~~ ~~ d. d.. II) ~ I:: I:: 0 0 '"I 0 '" zs /L II) CI U> - '" ~i oO oO '" II) - II) II) i=_ - lL _i= '"I I!, i= '" ~ 8il IL e. W ~ ...I o - ~U) f!:.~ oO II) ~~ ;;;f!:. il ll.. 3 ~ z W z II) Ii II) '" f!:.!!. '" Ii '" i~ '" '" 0';- ';- I.) N"!!:. ~ N I.) ~ '" 8 :i ~ - ~ ~ 0: ~ 0 CI CI CI ~ N - ~ ~ ~ iii(; ~~ r!:.f!:. ::II!, !!:.~ ~~ ~ ::I ~~ ~ ...10 .. ,., e.~ -~ W lL I.) Z Z z d.. ffi ~ ~ g- ~ ~ ~ ~ W CI o z ~ ~ oO ~ :J: " ~ ~ ~ ~ :J: CI II) II) ~g ~ ~ ~ N _CI II:: ~ ! ~ - _CI CI I.) ~ ~ o <I: z ~ l<: w z ~ 5 z Iii Iii - - ~ l- I- ~~ l!l !!! " z W CI a:: ~ 0 Ii; ~ - 0 !i CD ~ '" 0 !i ~ ! '" !!.;L it ~ ~ i ~! U> '" :i ~I ~ '" ; g ~ I- z ~ ~ ~ ... 0 " ~ CI CI I!, " Ii W W :> ~ W I!, " Ii W ~ II) ll! ~ z... IL 8 II) ;; z 8 ;; ~ :rl If 3 z I- ~ ~ N 0 ~~ ~ II) II) ~ ~ ~ -~ O;!i ~ 0 0 . IL w. ~ 8 l!l III ~ U> o - ww ld :it :J: :J: Ii ~ '" .. ! ; m ~ I;; II) ~ ~ o :J: o :J: OW 20 II) W ~ ~ ! ~ !Z ID !Z ID :J: 0 II) .., lL _ _w :> .... o ~ ~~ 3 w CI " ~ ~ W ll! w W II) '" ! ~ Oz ~ 0 o I.) ~ ~ ~ :J: ~ 0 I.) ~ ~ ~ t 2Z :> g ~ ~ o 0 . .- 6 6 ~ ~ 3 w 0 b 0 ;;! ~ 3 :z '" - If ~ ~ :> ~ ~ i i "I g a 15 ~ ";"6 ~ l!l ~ :.: l!l 3 '" 06 lll;; 3 If <I: > 0 o Cl > 0 d.. d.. '" CI '" '" lL II) II) 0 ~ II! lL II) ~ II! , II) ll..1L '" ~ II) Ii: cL lr '" II) ... 1.)... _ 0 wO 0" 5~ i - '" '" . on on I ~ i g 8 ~ ~ ~ ~ f '" '" ;'d! ! ; ~ ! ~ ~ _ N ~ ~ ~ ~ ~ ~ Q S! ~ ~ gS! i i i i ~ i on on N N 00 II II I g i I II i I 00 I ; II I ~ S! ~ ; I II ~ ~~ o~ 0- ~ g~ ; :0 .. .. .. .. ; :0 .. .. .. .. c; ;; ;0 :0 ;0 ;; ;0 <<>> ~~ ~i ;;; .. ;;; .. .. '" ~ .. uJ!!_ co co co co co co ... :5 ~ :5 i z o ~ CD ~ is ~ " :J: g o '" U Ii! 11 "'lL City Place Traffic Volume Comparison Analysis The following analysis identifies how the traffic analysis for the City Place project would be affected by replacing the 2,000 square foot black box theater with 2,000 square feet of additional retail area. The analysis compares the overall daily traffic volumes and the AM Peak Hour and PM Peak Hour traffic volumes. Table 1 identifies the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with the 2,000 square foot black box theater. Table 2 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with 2,000 square feet of additional retail area in lieu of providing the 2,000 square foot black box theater. As shown in Table 2, the substitution ofthe black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place project. Without the black box theater and with the additional retail area, the overall daily traffic volumes generated from the project would decrease by 70 vehicle trips. Overall traffic volumes are used to measure roadway capacity impacts, air quality impacts and noise impacts. A reduction in 70 vehicle trips would have a slightly beneficial impact on roadway capacity, air quality emissions and mobile source noise levels. The reduction in the overall traffic volumes would not have any measurable effect on the analysis, conclusions or recommendations in the traffic report, air quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional retail area, the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by five vehicle trips. The AM and PM traffic volumes are used to measure intersection vehicle movements and associated level of service impacts. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the project area and would not alter the traffic analysis, conclusions or recommendations provided traffic report prepared for the City Place EIR. EXHIBIT 17 7gl31:248 Table 1 Project Trip Generation Existing Project With 2,000 sq.ft. Black Box Theater ITE Trip Generation Land Use Code Size Daily AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 LivelW ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 985 985 1970 12 5 18 110 54 164 SF Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Theater 443 2,000 SF 78 78 156 0 0 0 12 1 12 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3239 3239 6478 86 129 215 355 242 596 Table 2 Project Trip Generation 2,000 sq.ft. Additional Retail/Without 2,000 sq.ft. Black Box Theater ITE Trip Generation Land Use Code Size Daily AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 LivelW ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 985 985 1970 12 5 18 110 54 164 SF 10,800 Retail 820 SF 232 232 464 7 5 11 20 21 41 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3204 3204 6408 88 130 217 348 245 591 Page 2 of 2 758-249 RESOLUTION NO. 2005-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPERTY LOCATED AT 2725 NORTH MAIN STREET 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. Applicant is requesting approval of various entitlements in order to construct the City Place project, which is a mixed use development with 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); 73 for-sale, live-work lofts and 168 for-sale townhouses for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On December 13, 2004, the Planning Commission held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 2004-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. 2. Adopt an ordinance amending to the Specific Development Plan No. 59 (SD-59) (lOA No. 2004-06). 3. Adopt a resolution approving a conditional use permit for 73 for-sale, live-work units (CUP No. 2004-28). 4. Adopt an ordinance approving an amended and restated Development Agreement (DA No. 2004-04). 5. Adopt a resolution approving Vesting Tentative Map No. 2004-06. 6. Adopt a resolution approving C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place on February 7, 2005, and at that time considered all testimony, written and oral. D. Due to the size of the project and the impacts to the environment, a Draft Environmental Impact Report (EIR) was prepared for this project. In addition to soliciting comments from concerned citizens, impacted Resolution No. 2005-XXX Page 1 of 3 758-250 neighborhoods, state resource and trustee agencies, the Planning Commission held a noticed public hearing on October 25, 2004 to receive verbal comments on the Draft EIR. Following close of the public comment period on November 29, 2004, a document was prepared formally responding to all comments received, making minor clarifications to the Draft EIR and proposing a written mitigation monitoring plan. The Draft EIR and this supplemental document together comprise the Final EIR for this project. E. All attached documents, including the Final EIR, the mitigation monitoring plan, the 30+ pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions referenced above and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Resolution No. 2005-XXX Page 2 of 3 758-251 ADOPTED this _ day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Benjamin Kaufman Chief Assistant City Attorney AYES: Council members NOES: Councilmembers ABST AI N: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution 2005-016 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Resolution No. 2005-XXX Page 3 of 3 758-252 :: ~ e 0... ;:: 'i:: S .;:; ~ ;:: .9 - ~ Eo-< U e; o ~ j:l.,. ~ U -< ....:l j:l.,. ~ Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ j:l.,. ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ ~- :c ~ .~ ~ =.: o '"' ~~ ~ Qi ~~ = .S: ~ CII -:; ~'tl 5l:l ~ ~ 'Q.rJ') 5 ..... CII '"' = II> ~ ~ ~ = .S: - ~ .~ - ~ ] !5.5] -e~'tl~ .a .... 11) 0.. .~ ~.~ C':S "'u-o C':S:E Cf).~ ...c:: ;::I ~ _ .... u = '" ';> 0 '" 11) "'o"'...c:: =;:5....5 .g 0 0 ~t:~<l:: o 0 ...... V) 0.. 0...... '" o ~ 0 ~ 11).... OJ) .f; 011)11) t: = 11) goO] =S-ti~ '" ..... ~ > .... >.-...c:: g:-=......~ ]~"'11) o '" OJ)~ ~ -= .5 $ C; .~ ~ X ...c:: -..::;: l.(') tI)~=X g ..... ~ "'... !3 ;::I...c:: .... 0 OJ) 11) ~ -= ;::I 0.. .~..... 0 0~~J3 = 0 .... ori 5 C; ,-.. o .....;:: < oO,BX N 11) !la Vl >!:iX .-." ~ ~ ......;.:: CO"3~ ~ ~.D g.-d a ia.... Eh8 ..... 11) 0 '" ... _ ~ C1) a.~ 11) <+-'i ... 0..- q:: !3 o.g.g <",5",0.. '" Vl 6- < "'I'" 11) 11) .5 ~ "'0 ::=<') oa ti 5] ,-.. .... ... u '" = OJ) ..... = g;.o o e .. ~ ~ 11) . u; '" e a = '" .s ~ = u 's .5 '-'.~ ..... '" ~ti '" '" Eh.!! "'~ 11).... ~ 0 ;-=ci) .... fr = o '" .Q OJ)"''O '.as ~ .~ g ~ = -.= t:.) 8:e '" ",g.!! '" u .... o..=~ ':]a '3 U u ~C':S"'O ,,"",.5 .~ < '-" 11) '" .~ ^ ..... '" '" := 't:: ~ 0 '-"~ ~ 5 ~..;.:: .~ "3 :e.D ] ~ u .~ 05:<;:: '" '" ~~~ 00'" ~:.~ '..c '"0 0 .~.~ ~ ~.....t:) 011):.E u ~ 11) 80> OS:..-4 ~ 11) '" ..s '" = 11) gf"'.D -..-4 bO tI) -g8~ ~ -.~ ~'O ~ _~o ::l""" ~ ...c::N] ~ti;::l .... '" 11) ~..2o s:l-:.E - '" 11) "',-..> "Q)!3", 11) ... = ...c:: ~ '" ~ OJ) '" '" ... ~ o 0 ',= ~ 0" 5 '':::: ~ 0 ;:J '5. <l:: '0 ~ o N ... '" '" .!! ... '" '" = '" '0 ~ o o - ... '" '" .!! .... '" OJ) = :e = 11) .... ~ 11) 11) u .s !3 '" 11) ...c:: ... 11) > '" ~ $ '-" G '-" <...c:: '" '" ~ OJ) '" 1:l ~ g ~ ~ o ..s al ;:: ;:J 00 11)< :g -5 x ~ '';: ",Vl ~::l eX t+-iO "'''' 0!3 ~ '-" VJ ~ u'" 80J) ~...c:: .... 5 <.i-i 0.. '~:.o O~ "Q)..2 11)0J) ....u .f; ~ 8.13 g.g '<3 ~ ~ '" .E:~ <Ii ~= ~tl.~ ~..... 0 "'.;;: .... U =..... >.] 0'" .D t;::: '" '';:: al '" ..... 5 U OJ) ~ ~ '" oS ,5 00.. =!!l> .... '" 0 S '" 0.. '" .... U J2:' !;-8 "'l1)gf ~ 0';: . ~ .~ ~ !3al ;::1='" '" g'oEh '" 11) .... OJ) 5 5-= 11)50 .....0...0 :: 's <l:: .... ..... 11) = ~ .~ U 0 =::= ... 15'';:: 8.!! =u~ .... '" . rl = 1:l ~.~ 5;.::: 0 11) .... ;::1,,-", o..,~ OJ) o C" r.::- 0.. '" ... >.l1)gV')~;':::tf.) = ....;::1 '" '" U >. '" < "'c 11).-;:: 0 '8' 3~ :; 0.. 11) 11) ~ t:S"E '" = '" '" 11) .= ... 5 o <l:: ] .... 11) ~ 5 ..;.:: "3 .D 11) > . o 11) 5.-;:: 11) '" .... 11) B-= 5 .-;:: ~ ~ ~~ '" ..... OJ) .::l =...c:: :.E ~ ~ ~ ~..s "Ell ...c:: '" ~ ~ '" '" 11) 'S ] ~ '';: i) ;::I", ] = '" ::l 11) -..... - U .;3:.E ~ 11) - > s '-" EXHIBIT A 758-253 $ '-" \0 6- < ...c:: '" '" r:: .... o OJ) .5 ... U3 11) ...c:: ... .5 '" 11) U = '" '" '3 Z I N o """ 11) <Ii ~ ~ ~ Cl OJ) :::E = 0':';;: < 0 U 0 rJ')U -=~ ..... !3 ~ '" >.ti ..... 11) S-p:: 0.... U 0 .....~ C; '" ...c:: ::l '" '" ...~ ~~ '0'] i5.", 11) ~ t:05 r--- 6- < .s ~ .... = o ,~ .... '" o 11) tl'" 11) .... .... 11) .~ .e 0", ~:E .~ .... 'Ei 0 u< ~CQ ~~ ..... ~ ~ =^ . .g 15 o::I.~ .... - '" U fr.E .... '" o..$:l 11) 0 ...... U 'r.;; "'0 ..... = C; '" OJ) OJ) $:l.5 .t::~ ::l .... ClOJ) = 11) .g .D ... ..... U ..... .E~ '" '" ~ 8 !5 ~ U .... '"' ~ = 11)..... ~-="E ~ ^ 0 ~ = 0 _ .gU ~........ '"' U '" = ;:l ... -t:l= :; ~ ~ U 0 i:l U 0 (:) .~ ,~ = o~ .... 0..0 OJ)U .5 ., .......c; .g... ",'" 11) $:l .... '" ~~ g ~ g 0.. 11) B r:l '" '" 0 .- ~''::: c;]~ 'c .~ .s ~"'''' C'j Q)'- SSg. .....5.... '" .~ 0.. El~g. ........c::.... g",..s "'3] .~ 0 ... .... '" U ::It:l.;3 .D== .... 0 0 _uu I.l .g ~ ~ 0... Co ;:: 'i:: .E .;:; ~ ;:: o '- - ~ .~ ~ 't o ~ Ct:: I ~ ~ 'll I.l ~ 0... C- d s: ~ -:; c:s ~ ti.; .,., c c ~ ~ ~ ;:s ;:: ~ - u :: ~ e 0... ;:: 'i:: S 'ii'; ~ ;:: c '.;;: ~ d Eo-< U ~ ..., i j:l.,. ~ u < ....:l ~ ~ Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ j:l.,. ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ ~- :c ~ .~ d =.: o '"' ~~ CII ~ ~~ ~ U ~ ~ o .~ ... '" o II) ti'" ~ ~ ..... r:!2 0", ~:E .~ ~ u< ~lXl ~~ = .S: - ~ ~- - = ="0 elil ~ u "Q.rJ') 5 ..... g^ = ',c 0 e -,c '" U frg ... '" ~= ~ 8 .tii~ - = c; '" OJ) OIl =,5 'g ~ 05'0 CII '"' = II> ~ ~ ~ = .S: - ~ o~ - ~ 11)1I)~"'="'''''11) ...c:: .D ~ 11) 0 '.... 0 ~ ... :> >.- .... "'" "" ",::::?",~;::I",>. = 13 ~ t5 .~ .D^ '0 .D '" '" ,!:l 11) 0 = 11) ~ = >...c:: 0 "'=l::"'o'Ouo.. ~.9 l1).fj U > ::::l . u ~ ~ 11) 11) .5 0 '" ~ ] .~ '~ ~ N a ~ ~'E '" 0 '0 11) '5 ~ 11) '" 5 ~u ::=..E;:I:!3 ~ ~!3 ~~~z"'age.l!ll:i. "'''''= u"'O=~ ^.... '" .;:: 0...... II) i3 .;:: 11) 1l 11).'" = s.!:l ..... 11) t:I "" E :..a 0 11) 1l :<;::= 11)...c::-"E-i'.:;j gf"" >=~_..... ~ ... '.:;j '" "".~ 11) 5' 0 ~ 0 al.~ OIl .f;'0Il '" (ij .l!l = ~;@ 8 "'.;:: 11). ... 5 .g e ia ~ Z o.~ oS "8 u < ~;.::: ~ a l;:: 0 8 ;:s 11) .... e..... u .... '" .= > = I:: ",'1:: .... 0 11) 19'.:;j 00= 11) 0",,,, 0"'o..u"'S6l3= uZ=5'-"<ou~ ~ 1l -g ..... ~ II) 5'" ~.;:: .;:: "" 11) 0 ~ ..E;' '0 a ;::I"'~l1)o"'a>.< ~all)~<z~"'11) 11) 11).D oq;;< e '0 '" ..8 .~ l-t U - .-..... BE:-:=tI]o.e~t;z'" = 0 ~ ^ < "'0 .... .~ g =~=l1)o~ll u ^"'.g 0 0 '~ ";:: ..... "" = .... - ......... .... 0 ~ I1)l1)alo~ ~~:+' ~ 8....U'.E ~ t::...c:: ~ '" .... 0 ~ '" 11) 11) U '" o 11) .... 0.. '" -5 ia '" 19 u '" = 11) 11)' .... 11) ..... 0 !3 6 ~ ia 0 0 e a=8u"8"'~80.. 11) g < II) '" .5 -.- = ::: u !:p = !la "2 0 .g .... .....01::....5... '" 11) '" "".:;j 11)'~ .a 5 0Il11).... u.... 0_ ;::I = to:: 0 11) 11);"" l:i. iil ...c::~..:;jl1)o-S...I1)= ~og-s~~g-s8 ('oJ u 11) U -S 11) .... = o OJ) ~ .~ o 11) ti'" ~ ~ ..... r:!2 o '" ~:E '.g e> U< ~lXl ~~ .... 0", 11) = U '" = 11) '" '" ;::I = ~.... ..... 0 ~ !3 ~ ~~= .... U l!! ~ ~ S .9 t: U .... 11) U ~ U 0 ~-g ='" oc .E ~ u - = ~ ..... ~ 11) .D II> 0 = ... 0", 'E 11) ~ .!:l N ;::I ~ 0" = ~ -c .~ = 11) U c: = .-= (1.1 ;.:: CI] 'E"Q)ti ~ ;::I.~ ~'::8 = .2:; 0.. 11) 11) ...c::-S ~...c:: o .-= 11) ~ g] 11)... ~.~ .... U 0..0 11) '" -S ~ 'o~ 11) ... 11) 5'" 5] ~ '" ~ ~ ~ a iil = o 0 _..... U '" ~ :~ c;] ..... ;::I u '" 11)..... ~c; < .5 - :!: ]... ~.... ........ Q) ...... 11) ....r:!2 ....r:!2 o '" 0 ell o :.2 e> :.E g 0 ~ ~ .::: en .::: en o~ o~ 11) 0 .11)0 .~ ~ ::l .~ ~ ~ ~ U = ~ U = u :.= _~ u;.:: OJ) ~ .g'~ ~.g'~ ~~"'~~'" 11) ...c:: ... .... o 11) u = '" ;::I , ~ '8 ..... t:: 11) 11) -So.. o OJ) .... = ... ..... 0'" '.... '" ... ... j:l.,.0J) = '" bP.. - := ~ g '" O'.~ t~ - ~c; ~tS "0 = '" ~ .... ~'s .s.g o '" '"' 'tl= ~13 <Ii '" .~ "E:-= '" u .~ ~ 0.11) g.~ .5 oS~ ..... '" 0 '~ g 11) '~ o..u OJ).Q .5 "8 -g '" 5'011) .~ .... '" Oti 8 ~ ::: 11) '" 11) ;::I...c:: '" ... .~ OJ) = B;E- !5 .~ .;:: 11) ~:g - :i 11) ...c:: ... ...... o 11) u . ~ .~ '" 11) ..... 0.. 11) >. -S U B a .... go .9 u ... U ~ 0 11) '" >. ..gag 5 ~ 8- 011);::1 <l::';;: 8 .... 11) 0 11)....... ~ oS ~ E B g Bug '" 11) '" t: :.s'~ o ::l 11) ~"'-S = 11) "'.D 0 .l::J_ ... o ~ !5 ... ::s.t:: .~ ~ c.. '" '.:;j '" .........- e.J .~ l3 :a Stf3 ...., ... ;g o.....c:: '.... 11) U 11) -Siil.D =-- 0:( :2 '" '" 11) . ~.~ ] '0:E ~ c$.3'0 t:> ti.s~ g 11) 'eo CI1 OJ) ::: :::"'~ 0.5 ,::~.q C;"'U ...c:: ^ 11) :; .q-S au...... .::! 11).0 0. -:S c; en ~ 0 > .... '" .... 8'2 ~ 11) 0.. t:: E-<'~ g. 8. ~ i 758-254 11) ...c:: ... ... 11) ......<= 0";;; l3:.E g l3 a~ 11) 0 .~ ~ ... ;::I U 11) ~ ~ U 11) .~ = _OIl ~ .~ ~'" 11) ...c:: ... .... o II) u = '" iil .~ .~ t:: 11) 11) -So.. o OJ) :: ,5 0'" ..... (oj ~ bb ;..:.. ~ ~ ~ rJ') '-" = .9 ti g '" = o U ... o ~ .s .~ .~ =a.~ : .... l:: g. ~ l:: 0 SI1)I1) 11)...... .D~""::=~o ~.s=~~;;; =a ",.~ 8.~ ~ ...c:: ~ o?'::l '" E l:i. E U ~ 0] - 0.5 8 U5 ~ .~ U5 =a 0..11) 81l...c:: 8 -S ~ 0.."" '" ...0.. ~ ~ II) >. ~ ,~ .:g ~ E5 ; e:: e ;::I CI".l n ~ 0.."'''''-:''~11) 11) 11) '" ..... .= .s~ ~~E-4 ",^ ~ ~ ~ '" 11) U '" a::l '" , :€ 11) fr '-" ~ !3 .~.D l:i. '" ~j:l.,. 0 tio 8 = ~ ...... __ .- s:: oo......c; t)Gf)~ .5 ~ ~ e 11) 0.. oJ:) = ~ -S II) .. a;;:: - ....c-S ~ '" 0 5 =..... = 0 ._ ~ ~ "0 ._ _ ~80tg",;E .......:;j 0.. OJ) "" 11) ~z08~=]~ .... 0.. '" .~ U '" ~ '" .... ::E '" .5 ~ = _u = II)~ ~ a::l .~ ti "'.D a::l ""UOI1)~ U 8Q1l:i.a::l~=aS =~ ....e-....c::u a~l1)o~"'8. CI1)-S=rJ');g,: o -S ..g ll'~ 0 U >. _ ""..... = ~B=a~iS~.g -;C;Saal:i.s ::~:€I1)II)~:a .8 lS.:g ~].] 5 ~ g. < .5 .5 E-< 8 M :i C; .8 U g '" OJ) .5 '" ;::I ~ 'U; 5 '" ~ .; ... ~ . 11)~ :: = c;8. ~ = =.g o ... '.:;j = u 11) ;:s .... .= ~ ;g !5 8 ~5 >. . .D g ]~ ~ ~ .~ :g ~ a '" '" ~ '" '" '" .......c:: ..s g ... '" = '" 11) ..... .s ,g '" = 11) 0 en u ,-.. '" ...,. ~ ~ I.l .g ::: oS 0... ~ ;:: ';:: S .;:; ~ ;:: .9 - ~ .~ ~ - ... c ~ Q:: I ~ ~ - Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ j:l.,. ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ ~- :c ~ 'fii 5 =- o '"' ~a ~ ~ ~~ = .S: - ~ ~- - = ='tl ~ c.l S.c ~ ~ c..rJ') 5 ..... ~ '"' = II> ~ ~ ~ = .S: - ~ .~ - ~ 'E.~ 11) > .S !3 ]'-8 '" 11) 8 8- .go.. ~ ::= 11) .... u o '" otr - '" .~ ~ .S 11) u~ B 'u ",tS 11) 11) .5 ~ ~ .5 8~ >. ^ ;::~ g,::l o.l:l . .... '" '" ~.s .~ .D 0 .... ..... .... 0 C;11)0J) ~.;j ] ..... 11) u .~ -S ~ ....S~ ~,g:E .!! t: ~ ]. 8.1:::: B ~ ~ rJ') .l:l r::: ,-.. .D - .... C; 0 ...c:: '" '" 11) tn '':: 11)..... ::s~ '" u 'c;j~ ~ 11) .... OJ) o '" ",.5 - '" ].-tl '" ^ "'~ ~ 2 11) "'.l:l ~ '" ur B C; 11) .;:: ... QJ 'r:;; ~ 11) 5-S '" ... 2..s ...!St: ~ 0 == ~ .,8 fij u.l:l .E 11) ~'~ 8 .~ .... . ..s . '" 0 !3 e:, ....-8 ~ '" 11) o:l20.. = e ~ao.. .;:: 11) OJ) l5'"5. .5 .... =.S o...!:l 0 0..11);.0' <.D '" ,-.. u '" 2 'U; = o '.0 u .E '" = o u ~ ",.l!i ,5 ~ ~:S 8 8. 11) ... .D.s == 0 ~] OJ)'" ]"5 ~~ ~ ~ U 11) :.E > ~ s 1 ~ ::= 11) ~.g ,g. ~ &.8 11)", 52 o '" <l:: 11) I+-<.l:l ~ '" o '" S 11) ~] ,-.. '" 11) >. -s a .... 0", 11) = a '" ~ 11) ~ .-::;: 11) '" "'... a ,~ 11) e .Do.. ~.s .... '" .... "Q)..s is '" ~ ~ ~ gj 0..11) B 5 al 01) .l:l.5 = 0.. o 11) . U~gj .g 11) 11) '" ~ a ]0 OJ) ",...c:: .5 .... '" OJ) .8o.s U 0 '" '" 01) = ~ '" .,8 o a U ~ '" .E o ~ '" ..... = ... 0 ~o:l~ '" "'02 = 11) '" 8 .!:l 'u == & ~ ....... 11) '" ....... .... '" ,-.. 11) 2 ~ '" = . :.5 .;:: .D .D 11) 11)..... "'~ = U .9 ~ - .... u 0 .E...c:: ~ '" o~ u.5 ==.... '" 0 ^'" .011) ..... '" > 0 '';: ~ al:e = >. 0..... '.0 ~ U 0.. .E e ~ 0.. 0'" U a ....'" o 11) >.'0 '" 11) "'== ...c:: 0 U U '" 11) 11).D ....== o ell "'~ = '" 11) ..... '" 11).;:: -S 11) <~ Q ~ l5 ~ S.58. fr~~ ~ .gf .8 11)::l'" ~"'O.E ; U .5.g 11)"'", ~ -tl 11) ~"".D bOO:::: 'u B'~ 2~"'" '" ... 11) .;:: I=l is 0.. r:: 0 e .s ~ 0.. '" 11) 0......0.. ~ B ~ a 5 ~ ~ .8 ~ ] E 8 ==.s~&1 ] 11) ~o ",:t:::",.s ~~afr a.~ .... ~ U 0 .... OJ)~'o 11) ~:@~~ 5 '" 0 '" '0 u.5 ",===;J 2.8<;::1;":" '" '" ..D e:, 5iJ 11) ~ 11) ~ 'U; ~ = ~ 0' 11)t.;:l.c:'.... > "'.~ :=> ~ e... E;'~~'l.> = < -S,:.E '0 .g U .E '" = o U ..!. '" o ~ .... o >>. ,-.. OJ) 758-255 11) 0 -S 11) .... = o .~ .... '" o 11) '0'" 11) ... .!:l J2 0", ~:E '.g ~ u< ~o:l ~~ ~ ~ ~ 11) -S .... o 11) U = '" = . ~ 'S ..... t:: 11) 11) -So.. o OJ) ... = .... ..... 0'" ..... '" .... .... ~ OJ) =fijl1)l1)-:;jl:lOJ) .g .D -S -S -S 0.5 .... !o; '" 0 g ;:> l5.5 11) ell OJ) ~ 11) c..=< Io-..~ ~ g '" -S 11)..... > I=l g ~ ~ ~ r:: 11) u OJ).5 r::: = .8 -S ti.~ '" =.0 '" 0 8. !3 -tl ] ~ .s ,5 0I);g :9 !3 ta ti ] .5 ell OJ) 2 ... 0 .... ~ "'.,;; ~ =...c:: e: ~ ~ ~ '5 ~ g e. -g o:l a~'3..s 8 '" c; ~ .... as 11).5 11) !:l -.:J 0 .... > 11) ~.d....I1)I1)'B.D frg<8g-s~..... ....~ ",0....C; 0..",~~",,11)...c:: 11).... ~ o.s '" .Doo...8c!lao' ....-..I >- c tfl'Vi t:= ..... ..s C;:-~ OJ) e:, rs ~ I=l 'U; ..s::: .- ~ c..=. r::..... '" ~ o:l ~.8 .8 .~ e:,. .....11)"''''0' ~o..c;"'~"'eIl!5.. O'titEB::~""11) ::::....... u t/.) Cl,) u ",g.s.Es]~i5: u...."''-''~'''::... l!l^..... 0 -S ~ ~ .;:: .~. (;l ~ t: .~ 2 U ~ U "5.:=> '" ta]"'~ ",0..'" 0:l11)-.:J 5iJ:E '" ~ .,s '" OJ).... ..... f-' < l.:l'~ 11) a..s !3 11).5..... I=l '" !ci :~ .D .5 .s '0 (;l .SO ~ ~ ~ ].~ SO ~ ~ i:::-s "'...c:: !:i'a 0.. 5~S~B~.!!8 t.;:l~oa~aufij o~<l::OJ)""OO;:;!::= .... 10-..';; 0 5b~ 11) !5 s"S;Q S ~ Sb.5 ;:e ~ ~ a..s ~ ~ a u ~ ~ ~ bl) ;:: 't s .;:; ~ ;:: c '- - ~ .~ ~ 't c ~ l:l::: , ~ l:l::: ~ u ~ 0... .c- d s::~ ~g -:;"'l ai:' ~ j; - ;:: t.l.:~ """ ~ :: i:: ~ ;:: 't:: s .;:; ~ ;:: .9 ~ o CII- :c ~ .~ ~ =.: o '"' ~~ ~ ~ ~~ - Eo-< U e; o ~ j:l.,. ~ U -< ....:l j:l.,. ~ Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ ~ Co-' z l:il o Eo-< ..... Z o ~ z o ..... ~ ~ ..... Eo-< ..... ~ = .S: ~ Q1 -:; ~'C slil CII ~ "Q.rJ') 5 ..... - .s ~ """ = o .ell .... '" o 11) 0'" ~ ~ ..... cl2 o '" ~:E 'g ~ u< ~t:Q ~~ OJ) = :e '" ~ .... o CI) u = '" ;::l '" .;!.l 0..; .~ .~ .... 11) p..o.. ~ '"' = II> ~ CII ~ = .S: - ~ .~ - ~ 11) '" .... !3 a.g "'''' ij = 11) o ~ !3 ..... 00 ~ "'-S"'..o .~ .~ .8 B ;::l ~ ~ 0" ","E 11) ~ ~ ~.5 ij .~ 0 t+= S OJ) C1.D 511) z....."'. .D ~aa:9 .... = >. g o 0..... ". o..t:: ~ ... ~:e g. %J" = = .... .... ooo..a u U 11) 11) OJ).D] -S '.E ::; .5 ~ s...c:: ~ o 11) '" ,S 'n g."5 a g ... S >. ~ ~.&i 08g..0.. u 0..11) 0 '" ......... a.5 <:.~ 50.0 .;!.l '!5 . ... ~ "'==6 a 8 ~ ~ =^ .S-~ 0 o a =- ..t:: OJ 0 11) s 11)..t:: ::l "'="'''' fr.g g ~r l5..::l ~'o 11) ./:l '" = :~~~c; ..... 0..... = c; u 8.g bJ):::= c;e .~ '" 0 '" -....'" '" u 0 o-s.s= ..... z 11) U -s 11) = 'o.ell ~ ~ ...'" u ... 11) 11) .!:l cl2 O.;!.l 11)...c:: 's ~ a< ~~ ~~ = OJ) 'U; 11) o c; $: ~ OJ) = .;:: = o >'0 OJ) :::] '" 11) ;::l > ::; '" 88...c:: 8:- 5 '" g 0 "O...c::<l:: a]~ ~ ~ ~ 11) ... 11) '- c:::lt~ ~ g. 11) .... '" \-4 0'0 ..s-S= a >. 11) _i3~ 0.. 0 11) _11)~ g gl '" ...c::o_ ~.; .~ s 11) = '" .!:l 11) t:I;::lo ",goo.. 11) ... 0 a 11).... 0...D '" cu:= l-l l5..'~ .8 =...fr .~ ~ ~ ~ ~ CI) ,~ g 'f: ~ 0..... 8:11)~ '" t: ~ 11) .... -S <<i 0 5h = 11) ..... ~ !3 !3::=~ "'",0.. -rJ')~ "'.... 11) . J3 0 11) ~ OJ) .~.~ .g .~ ~:8 R 0-550 N Z 11) ~ -S 11) 'o.~ .... '" o 11) 0'" 11) .... ... 11) ..... cl2 o '" ~:E ..... ... = 0 u< ~t:Q ~~ g = 'C 0 e '.p '" u frg ... '" 0..= B 8 .~ "'0 - = c; 0:1 b/l0J) = .S .;:: '" 8a - '" "";0 11) '" .~ .~ o .... 11) ""0 .~ .~ 8 &11) ~ .~ .D '8 :='8 ~ .~ .8 ~ .8 ^ = u ~ 0 ~ ~ ~ = '" 8g~ 11) '" 0 -S ~ 11) "'", =^.....l .- os'" 'n 0 ~ g <l:: 11) ~ ~.5 o ~ = U '" 0 2l~c ~ 0'- OI}~~ .5 11).s '" OJ)... ~ ~ = ~.8 8 = '" 11) .g ] .,t3 '" '" ~ ~o.o= fr.S g;l ... OJ)..t:: 0.. '" ..... \1) ti () .~ s= ~ ~ .g's '" u 11) OJ) g '" .5 ~.5 !3 0 = o U 0 M Z 11) ~ -S 11) .... = o .ell ... '" o 11) 0'" 11) .... ... 11) ..... .e o '" ~:E ..... ... = 0 U< ~t:Q ~~ >. g .... '" o g- 11) U U U = 0 "'.... 1;; 0 '" 11) ..... .... o 13 . :: t;: ....~ o ..... ..... t: P:: 8 8. ~~] ~ a.> .... ',p S B'u; S;::l '" ij ~ '" ~~ gf~'" ..... = a ~11)'" ... OJ) = 011)", fr.;!.l ti 8 8 ~ .S d'O ...c:: = ","~ c Q.) 00'- ~ .U ~!3.!! '00 2 .g = ~.~ 11) "'" c.. ~gg. (;'';:: Q) .2 ~ -S tie] ::l t:: 11) o '" U al ~ ~ '" 11) OJ '0 '0 .D $: $: ... '" =]~ ~o'" 00 S -= ....;0 S e=o.. 5 : 'S .S- 0 go <Ii ;::l 0.. '" = 0" ~..... 0 11) "'...c::..... ~~ -; c;",^og UQ)=- .~ ~.~ 0 ':::~da ~o~Q) ..".=o..u "'" 11) 0 ~ """ z 758-256 ] u - 11) .... $: o .ell .... '" o 11) 0'" 11) .... .... 11) ..... .e o '" ~:E ..... .... ::; 0 U< ~t:Q ~~ OJ) = :9 'S .D .... o 11) U $: '" ::l '" .;!.l .8 .... .~ .s t:: .... 11) ~o.. ~C~-d~<liOJ) '0 Os '" a'o"8.S = ~"'="'.c 11) i:. = '" '.... J2:Eg~~;= .... - .....,........~ 11) o^ OJ ~.... ~.;::: .E; Q) "0..... 0 ~- - t:I 11) 0 ,- '" """rJ')~=88~ N c l-l (;'p .... .... 11) .; ] .;:: .:s ,9 8: :E~;j.s"3B: . Eo-< OJ) ~.5 '" = 0 '" = 11) ,5..... "'" "8 ^: 'il ~ -s '" %J c ~ ..... ;::l ;::l.... = ::l ,"\ = e.guo",s""'''' o =11)= 11)t;} :E !3..... g .ell 8 -S 11) '" g '" '" "'..... 0 .;!.l Ul1)=:'=O~"""O '" 0 Q.. "0 ::l '" Z ~..... ~ 5 ~ = 11) ...c::!3 0...c::11)t::.... ....... = U"" t::';::l.g I1)I1)0Cl)o.o"'t::~ !3 ~.~ !3.5 ~.g ::= ~ -S "3 ~ !3'0 '" ..... 11)","'11)"'=]~ o ..s .S 0 "0 '0 '" 11) ...... .......0 - "'11)"'5-"':<;:: ",11)"'11). 11) 11) Eo-< ~ ii'o ~ g ~ ~ ....., -._ = tI'} Q.) --- c.. 0 ~ ...c:: "'.... '" 11) 11) ~ al.;!.l 511) CI) 11) l5.. 5 .- '" t: .D.!:: 11) 0 C1.) .- ~ = &..c ...... .D.....l ...c::"'I1).....] ~:>.-...c::....C;11) :9z",o"'I1)...c::= ::lu>"'......c:: '" o ;;>=CI)....t:~ ~ < = '" ~ ~ 0 .S!! = t:Q 0 gf'5h 1;; o...s o '" ~..... $: = ~ '" ..t:: Vl '" S CI) 11) - 5 .:s;::.....l~uo13OJ) ~ 0 "0 rn"'~ ~ .~ .5 .S '" = ~ g 0 ::l :9 11) ~ '" 0 u'~ 8's .;!.l] ~] '" "3 "'.D o '" "".... = '" = 11) Z ti .....l ~ < .5 < -S V", Z 11) -S ~ 'o.~ .... '" o 11) 0'" 11) .... ... 11) .- .e 0", ~:E ..... ... ::; 0 U< ~t:Q ~~ '0 ;:k ~ d o = '.0 0 e ',p '" U frg ... '" 0..= B 8 'en "'C - = c; '" OJ) OJ) = .5 ..... '" !3 ~ o OJ) :i ~ <Ii 0>. M '" "'t:-s! 00 -::r: ~C; 4: ~ '" g~ r- !5 ]~ .~~ :'=00 11) = .D 0 = ~ '" 0 ...c::..t:: '" '" ... ~~ .~ 0 o = ~ 0 .......t:: '" U ~g o '" 0..0 = .... 0 o..~ .5'; ... a ..s;:.:; ~~ ,g a s '" 11)C/) g.~ ;::l = 0 .913 t~ g '" ",'" = $: 8~ I.l .g ::: 0: OQ ;:: 't:: s .;:: ~ ;:: .9 ..... ~ .~ ~ i:: <::) ~ ~ I ~ ~ ~ I.l oS 0... G- o S:.,., ~c klC o..!,"l ac- ~ ~ 0... ::: - ;:: ti;~ \0 Z :: ~ ~ ;:: 'i:: S .;:; ~ ;:: .9 - ~ () ~- :c ~ .~ .s o '"' ~a ~ ~ ~~ - Eo-< U ~ .., o ~ j:l.,. ~ U -< ....:l ~ ~ Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ ~ ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ = .s: ~ ~ -:; ~'tl S~ ~ ~ "Q.rJ') 5 ..... ~ ~ '"' = '" C'lI ~ ~ = .s: - ~ .~ - ~ 11) .::l o ~ '" t:: < '" ::=::= ~~ >'0.. .-:: l1) uo .... o 11) u = '" tli ~ .~ .~ .... 11) 11) ..c 0.. ~ OJ) ... = ~:9 't:: '3 j:l.,..D >.- 11) 11) >. a .~ ;: ! a 11) ~ 0 11) 11) .; 'm c; ~ ...d ...c:: ~ > '" ..... .-::: 0 '" >. "'~",l5.=.D l:l =0.."'::- .;;: .B '" '" >. ... _ cd _ ~ .-:: .~ ~ = '" =:-;:: > CI:J ~'o ctj :-9 ~ .~ 0 t> ~ .22 ~ :CRSI1)>u ~ 5':;' 0 11) &: - ~... .~ c; 8 ~ '" 0.. :l1)~]~ =-=011)........,; cd ........... C,) .~ .... t) Vl So 11) "'atE .~ t:; .... '0' 0.. .D ~ <.+:< l5. <a~gOJ)I1) C1) p: <<1) 8 -3 .;; -s .D","3B 2 .f':; !3 !3 .5 .~ B ~:g ~] ~~ a '" a ~ -:::::.- 0 >."'~ "'~ e- g .~ ~] 0 '" 11)...c:: = 11) u g- ia Eo-< '" 5.5 uo.. ;:;-<511) u~....-o.D o 0.. U 11) U '" .... 11)...c:: 11)..... o B '8' E-< P::: g 8.....0... ~ ==I1)::=tli::= ~~oSl1)!311) .;a '" '0 ~ ~ ~ 11) 0.. '" '" '" -s 11)::= 13">.0.. o ~ 0 .g 0 Bl1)ol1)~11) ....uo..u....u .g:.::o a.- 11)..... - 00 So ~~U~I1)~ - d.. 11) U ...c:: 11) .... = ~.!:P .... '" o 11) ...'" U .... 11) 11) .:::~ o .~ 11)...c:: -.6 ~ B< ~~ ~~ .... o 11) U a tli .~ .~ 11) 11) ...c::o.. ~ OJ) ... .5 ....'" 0- 'c'S ~.D ::= 11) ~.~ o..t:I .... '" o ..... ....0 go .... 0 o.....c:: .B~ ~] ~s e = 11);:J '" 11) :::::gf '" '" ~o ::='" "" = U '" ~.~ g-t; ~a :0 .~~ 11)rJ') 0.."" 00= 1::< :!as 'S ; .DrJ') 'OB 11) '" U 11) a~ ~::= .~ S 11) 0.. -S 0 0..... .... ~ .... 11) .g '" ........ ~ 0 N , ~ 11) U -S 11) ....s=n o ..... ~ ~ ...'" U .... 11) 11) .:::~ o '" 11):.E 'E 0 B< ~~ ~~ >. 11) u ...c:: = .... '" ....0.. o B 11) U U 0 =.... ~ 0 '" 11) .~ ~ 11)~ -S ..... Bt ... U '2 .9 t; c ~~ ~ c;~ ~ > .;:: t) 0.. 11).... '5'0 l5.ai- ]:3 iJ '" > 11) 8.8-s 80..0 o.....c:: ..... 11) OJ) 11) ...c::;::l..... ....^] ~ '2 ... 0.. t: ~ ~ 11)...c:: U 0...... '" >.'0 ~ g23"O ",e:.E g- 5 11) U 11) > U.::: ~ O;::l-S '08'0 .B~!5 '" 0 '" ~ '':= ~ ._ cU ~ t:.::l ^ V"'= U 11) 0 ..... "'0 -.:= '" U '" ~..... U v::o;a -S 8.~ ...."'''' 0" = 11)0'" U .u.... ~ = '.... "'11)..... ~-S.g '~...c:: 0.. o.t:: o,f -S ~ al 0>.0.. ... - '" ... 0.. = .g a 11) ~ 8 g. M I ~ 11) ~ oS 11) ....s=n o ..... ~ ~ ...."'=' U ... ~ ;:! Q~ 11)...c:: > ... ''::: 0 B< ~~ ~~ >. 11) g oS '" ....0.. o B 11) U U 0 =.... ~ 0 '" 11) .~ ~ ~~ ... ..... .8'5....; ... U '8 .S c;j t:: ~~ g .Q~ ;Eu = ~ "''::l ~ 5 ... 0 a<l:: .::l 11) - = 0.."" g.....l 11) >. ...c:: ... .... 0 ^ 5 .~~ 11) = 0..0 >.OJ) U t:: =..... '" '" 0..'" ;:3 0 8 t) 0";':: .... U 0009 11).D ~:g t.+:: I:: '€ = 11) .S!! U.t: ..... '" ~ t1.) . ,.... '" ..;.:: ..... 11) ... 11) 0.. '" ...c::",~ .:: ~ tJ^ 0;..= ~ l1) ~ ''::: g :>I) a '" 'U; rJ') ~ ~ B '" .- -..... 0-; u ..c ....~ .... sg 0 0..... ~ "'0- .... ... 11) .g >. al ...."'..... ~ o..~ """ d.. 758-257 = .s: - ~ - '"' ~ '" = C'lI '"' Eo-< 11) ~ -S ~ 'O.~ ~ ~ ....'" U .... 11) 11) .!:l~ ~:E .~ .... ... 0 B< ~~ ~~ >. U = .... '" o g- 11) U U U = 0 "'.... Bl 0 .~ (l,) ~ B U ...t.+:: .g '€ .... 11) ~ U .~ 11) 0.. = o '.e U 11) ~ ] g 11) > < .s 11) :> j ] '" '0 ~ rJ') .5 '" ;:;E 11) -S .... '" 0'0 c;:> > "" OJ) 8 ....l.B 2: '" .~ '" = ~ 11) '" 11) ...c::-11) "'::l-S B.t:t: ... rJ') 11) ~,5 6 :E' '" 0 ;::l ;:;E U '" .... '" "'Ol::u = = <d = '" 0 11) '" (,I)....- =- .~ i~~ ~.Bgl1 >..5 13'~ U 11)...].... a -S '" 0..11)= B .8- g .:: gt;~~ ....0 ~ t:: .g 0.... B:;.= ~ ~ ~ ~ = t.+:: ... 0 '" .- = ,_ 0 1::: cd.~ ..... 8~:g ~ .... 0.. '" '" o 0.. ..... 11) "" a E U 11) 11) E a-S~.,.!. Blo"~-a .~ gp ~ 'i: ~~o'" -0....= 0.... 11) ;::l .... 0 ;::l 0 ~ >.e~ '-.-::: > Q) ~u<~ ...... r-:.. !:! ~ '::l 11) ....s=n 0,.... !5 !3 ...'" U .... 11) 11) i5~ 11):.E .~ ~ B< ~~ ~~ >. U = ....'" .... o g. 0 11) U 11) g g g ~.... '" '" 0 ~ tf.) l1) .~ .~ ~ zJ .....0 -::: t.+::.~ 0..... !5 ._ 1:: ._ ~815.~ 5 .B '" >. rJ') = .g - '" t: o 0.. '" = '" ... E-< . ;;-.f' 0..!5 =05 '" = ~ '" .... '" ~ ~ ;.:: 0 0..0.. 0..... '" = ~:2. ... 11) 2^ -S .~ ] 0..", OJ) 11) = .-= ;a en ..... 0 'S fr .D", .... 11) O.D 11) 0 g... '" '" ;::l 11) ~~ ..... '" 11) 11) -=< So .... '" .8 S- &:l.o_ N r-:.. 11) ~ -S ~ 'O.~ t) ~ ...'" ~ ~ ":::~ ~:E .=: .... ;5 0 u...:x: ~~ ~~ >. U = '" g- U U o .... o 11) ~ U t.+:: '€ 11) U .~ a> p., ... = 11) 5 OJ) 11) rJ') >. '" ~ = o '" ~ '" ....l 11) =.... .... 11) 0 S'" 11) >. . ~.... ~'Ou 0.D 11) U >'...c::;'" .... ::;~s ...c:: = 0 '" 0 <l:: ::=~c; '" '" > ~....l8 2:gp2: '" 0 '" Q) c; 0.) -s OJ).!:l = ;::l 2":';;;: g- "8 ~ ~ t:: c.:-;::: ~'O ~ 11) '" >'.t::.E g",Eo-< '" = g..;:: -d U 0 '" g c; ~ .... > o 0 >. 11) 5 .t: -c;j ~ !3 J! 11) 0 ........c::u t::o(ld 11) 0 0 () """ !=l..... V 11) ~ ~ -S gp 0 .~ ...."'E-< 0....'" 11) 0 = UO U .... '" = 0 11) U ~oaS ~ .u........l ~ ..... Eo-< o !:! C 11) oW -:: 0 b.O ~...c:: 5 = ._ ....... Q) C":S... ~.~ ~ 0 r'l r-:.. "- ~ ~ ~ {J :: ~ 0... ~ 'i:: S .;:; ~ ;:: <:;) "- - ~ .~ ~ t: <:;) & Cl::: , ~ Cl::: ~ ~ ~ 0... -'=' () s:: ~ -:; a ~ t.i.; ""' c C "'l i:' ~ :::! ;:: .s; E ~ ~ ;:: 'i:: S .;:; ~ ;:: c '- - ~ d Eo- Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ j:l.,. ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ ~- :c ~ .r;; ~ =.: Q '"' ~~ ~ CII ~~ 11) U -S 1:! 'O.!:P ... '" o 11) -'" U .... .~ ~ ~:S .2: ~ = 0 U< ~~ ~~ = .S: ~ ~ -:; ="0 ~ ~ =.= ~ ~ "Q.rJ') 5 ..... >. g .... '" o g- 11) U U U = 0 "'.... 1;; 0 .~ B o l3 -:=:5 .~ '5 ~. U ~ '"' = '" ~ ~ ~ = .S: - ~ .~ - ~ ^'" a 11) ',p OJ)u a 11) ... .!:l 0'" .......c:: o u o~ U .5 11) '" -S ~ 0..... : 0 ~ t :g'.g tn"> '" 0 a ~ r.n'" .8 .~ ~-d 8.~ ~ >.=~ u 0 ;:., a ~ ~ g-~S u..... 0 UI1)U o 0.. o(! .....B ~ o '" B ~ 0 l3:::::Eo-< '+=I]'" '€ '" a U ::= 11) U '" = 'O~:3 l1)8:c g '" 0 '" 11) 5 1;; -S 11) .~ ^~ o C; = ... > 11) .... 0 11) .8 ~t ~ g.~ """ ~ .~ 11) 0.. 11) iii -s 1:! ....OJ) o 'c;; !5 11) ....'" U .... 11) 11) ,!:l~ ~:S oE ~ 8< ~~ ~p.. >. U = .... '" o g- 11) U U U = 0 "'.... 1;; 0 .~ s Bl3... '+=I '8 .9'€ t:: ... 11) 11) ~ U 0.. '" ... '" o U ..... ;E >. '" 0.. = o ',p U 11) j 11) = '" ....l C ~ 11) ::E '" = o:l >. '" ~ = o '" ~ '" ...... c; ...c:: '" ... = '" .~ -a 0.. '" 11) ...c:: .... "," .~ ~ 8.~ t'a a ~ g-'" u...... u'" o = .... '" o 11) B a l3...... :a ~ t: 0 Cl) 5 U 11) 'O:::E ~d aC; ;::l = ~.~ ..... '" 11) U -SS Bjg ~ '" J:~ Vl ~ 11) U -S 11) .... = o .!:P .... '" o 11) 't)'" 11) .... .!:l~ Cl '" ~:.E o.g ~ U< ~l!l ~j:l.,. =" .g ... '" . a a 0.. ..... ~ 0 o..E .~ ~ '" 0 >'u = ... '" 0 o OJ) :: .S 0'" ..... '" P::bb ...c:: .~ ",:0 5 .s ~ !3 ~ r:f.iB ~ ,.@ CJ '" 'S: '"' 11) ~-S "0 OJ) = .5 ~ i:: .~ ~ ~ ~ ;5 .~ S- o u ~ ... ;::l J:! = .... 0 o:S o-e .~ E 11) '" ... = '" 0 = u :e 0 .... ... o ... 8'~ _0.. ~ cg ~ .g ... ::= U '" 11) .~ S ~8 ~8 11) 'E ~ ~ ..... 6 ..s ~ 'O.@> ... '" o 11) 't)'" e ~ ,....~ Cl '" 11):.E .2: M = 0 u< ~l!l ~~ = .g ... U E '" = o U OJ) ,8 ;::l Cl >.... = = <~ '" ~ '" = '" = .9 tn 't) = ~ .~ JJ g'3'O u OJ) 0~0J) : 'O.s .g a 'fi ... ..... 0..'" ",11)", B -g a '" u U _ = 009 l3.g 11) 0 ... .D-'" _",i:: C; = ~ ...c::"'.D '" 0 .~ ~ Q) UJ~o:S ~-S.... ::.~ .g '" = '" 11) = 11) U :€ ~] :-='"C1::::= ...= .... '+=I 0..;.:: '" U U = U '" ~"'.D o = $...I,,..,j lI.) e.o '" .D .g ~ = ...; = 0 '" B ;::l 5 ~ U OJ) 11) 11) = .... '" ~ ',p J-+ ] .;; .~ 0 u ~ ~",=~ y 1:! ~ ... ~ 0 11) 0.. '" >. 1:! >. a :E '8> = .D'~ = < c:l ~ 11) N 6 .s ~ .... = o .!:P .... '" o 11) 't)'" ~ ~ .- ~ Cl '" .~ :.E .... .... ~ 0 u< ~l!l ~~ =^ .g ..... '" . a a 0.. ..... ~ t) o..E B '" ..... = '" 0 >.u = ... '" 0 B gp :5:.0 'C ~ ~OJ) 11) '" -sgp ,5 ';; '" E ~ '" OJ) .... .... 0011) o = ~11) '" .... gp] ~ 'S: ~'S '" 11) .... '" !3 0.. >. '" 11) oo=-S .... 11).... 1:! Q 0 11) _ = Cl) .... 0 ~ ~.~ !5 '0' ~ ~~g. U 11) '" .5 al a 0..... = .... ~ OJ) ~ o'U; U..... 11) rJ')u'" -S11)~ .~ -S "; 11) .... ::= ...... 0'- .s = ~ "E.g ~ 0..... ....0 o '" U ~ e- _0..0 C; 0 g ...c:: '" ..... '" = 11) 1:: co a l3 = !3 __ 0..._ - -- en o..tl 0 ~Eo 11) "'..8 c g ~ ro U .... "" 6 758-258 ..s ~ .... = o ,!:P ... '" o 11) tl'" 11) ... .!:l~ o '" ~:E ..... .... = 0 u< ~l!l ~~ s:f ,g .... '" . ~ g 0.. ..... 11).... .... U o..E .~ ~ '" 0 >.u = ... '" 0 o OJ) .... = ... ..... 0'" ..... '" .... ... ~OJ) 11) '" -s gf = .- ..... ~ E '" ~ ~ OJ)'" 8 1:! 0..11) "'.... . OJ)",'" .5 -B ~ ~ 11) 'e- '" ... 0.. >. ;::l 11) e.o~-s 11)11).... = 0 0 11) ... = 11) 0 E '0'':: o.~ ~ 8-011) o~o.. U 0 =11)'" ..... U = o '" '" - - = U~OJ) t:l o'U; UU~ rJ') 11) -S11)...c:: .- -= ~ ~ .... ::= ~o:; .5 g B '"E'';: e o '" 0 o ~ e- U Q., 0 ~ 0 ~ ...c:: "0 '.... '" = 11) ::= '" a '" I:: '" ~ .2'~ o..tlo ~Eo 11)"'..8 c g ~ roU... """ 6 11) iii -B 11) 'o,@> ... '" o 11) tl'" 11) ... ... 11) .....~ 0", ~:E ..... ... = 0 u< ~l!l ~~ =" .g ... '" . a g 0.. ..... ~ t) o..E .~ ~ '" 0 s~ '" 0 o OJ) ... = ~:.a ..... '" .... ... ~OJ) '" OJ) OJ) .5 .5 S '" '" .au gl!l ..... UJ -E~ S ~ 11) = 6 ,g ... '" S-:g ..... ... 11) 0 = 0 oU ..g, . = ~.~ 0 C1) tn ''::: .... ... U ~.~ ~ !3~U ~ 11) 8 =...c:: ..... .... ~ i:: o ::= ~ 11)..... Cl) a ~ c; ~.s a ... - U ;.E gp.s fJ] 'C :9 .~ ~ = >- B ~ '" 11) ~B~ '" U ..... ~ ~ '" ....~::= a.";:: S ._~.g ~ .....,g 0.. ... 11) 0..0> . 8 'e'~ . U; o...;l ~ >",~ti ~ ~ .;:j ... ] "0 ~ = g..... ;-d~.g ..8 ....:l.~ ~ '" ~ ~ e ~.;"O Q3 ]tll1) ..... CI] en bJ:) .~ - g 11) = =u-S .9 .~ ~ e .~ i:: ~ ~ ''$ ~ ~ Q) = 11) '+=I 0 o:S .~ :: "'~ a .~;.~ 11)=] 0.."'11) 00!3~ .5 ~ 0 '" 11) U e-t;~ OJ)'" ...."'= o ~.~ '" '" 8-S.g =t:'" '" 0 = 1;; 0.. '" .~ e ui 11)c;-g -S U 0 B~~n ... 11) '" 11) .9 '0 ~'5 P:: ~.E ~ ~ U 't:: 11) ....so o ..... ~ ~ ....'" ~ ~ .!:l~ ~:.E .::: ..... .... 0 8< ~~ ~j:l.,. .... o Cl) U = '" ;::l '" .~ .ei 11)'8 -S t:: 11) o 0.. ..... OJ) = t>;e .;:: '" ~Eh o = '" = '" '" ... U a .s 11) '" ;::l ] .E!! 11) '" ... 11) > '" '" ::= '" U '+=I .~ 'U; o = 11) ... '" 11) ... ~ Eo-< - o co ~ ~ \.) .g ::: oS! 0... /;)() l:: 'i:: S .;:; ~ ;:: .9 ~ .~ ~ 1:: c e- Ct:: I ~ Cl::: ~ \.) ~ .c- d s::.,.., ~2 -:!,<"l a~ Cl::: ~ 0... ;:: ~~ Ii: ~ ~ ;:: 'i:: S .;:; ~ :::: .9 ~ d r---- Eo-< U ~ ..., g j:l.,. ~ U < ....:l j:l.,. ~ Eo-< ..... U ~ = Eo-< ~ o ~ ~ ~ o ~ ~ ~ z l:il o Eo-< ..... Z o ~ z o ..... Eo-< -< ~ ..... Eo-< ..... ~ t--- ~- :c ~ -; S = - o '"' ~~ ~ Qi ~~ 11) U ...c:: 11) ... = 'o.~ !5 !3 ...'" u .... 11) 11) .!:: ~ o .~ 11)...c:: > ... '':: 0 8< ~n~ ~~ 0\ ~ ~ .... o 11) = u o ;; ~ ~ ~ .... = .~ =-c ~ ~ 5.c: CII ~ "Q.rJ') 5 .... vi ~.~ ... ... 11) o 0.. .... OJ) ... .5 0'" ..... '" ... .... P;OJ) ~ '"' = '" ell ~ ~ = .~ - ell .~ - ~ ~.~ ] '0 t; 'E &"1:: B '" ~ 8- B e 0 'U; ] .s '" U 11) '" U .... = ;::l 'S '" ] ~.i'l ~ ;::l.5 0 '" '" ... _ J:l '" c; a 5 .c: 0..... tI} 0 -; ....u'" c 's = ,~ '" S Q.'~ S 0.. '" 0 '" 11) U 11).s ~ ...c:: '" = ..~ bO....; $I'P 'U; a 'g = ~ U 11) t;:: '" '" .", 11):;=~n 0.. = "'.:::' eo '" '" '" ="''''~ :e1il8.s ~ ~ - CfJ OJ) ~ gp!3 f.!-I .-0 .- - 0"':9"Q) o ~'S ~ u.s.D..... = " '" '" t: 11) 0 ~o.-::..- '" 0.. '" '" .- ~ t) t) ~ c; .~ e. ... .~ I:: a = 0....... S...c:: U ... g ~'s .Q (5 .... (J) - =..... ~ ~ 0 1il u {l ~ ...':l 0... b() ;:: 'i:: S ';:; ~ :::: .9 - ~ .~ ~ ..... .... o & 'l::: I ~ 'l::: ~ u ...':l 0... .c- d s:.,., ~~ -:;"'-1 oi:> ~ ~ - ;:: ~~ N o 758-259 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE CITY PLACE PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENT AL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report ER-2004-01, State Clearinghouse No. 20040418 for the City Place project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq ~d the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it lIas been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the City Place project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the Draft EIR, the Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the Draft EIR was prepared by consultants retained by City staff, subject to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the City Place project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMP, which is contained in the Final EIR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. This MMP will ensure CEQA compliance during project implementation. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES C:\Documents and Settings\BKaufmanILocal Settings \ Temporary Internet Files \OLKBI City Place findings. doc September 29, 2004 Page ~!!260 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City Place project site is in the northeast part of the City of Santa Ana and is generally bounded by Main Street to the west, Lawson Way to the east, Memory Lane to the south and Town and Country Street to the north. The City of Orange borders the project site to the north. Local access to the project site would be provided from Main Street and Memory Lane. Regional access to the project site would be provided by Interstate 5 (1-5) to the south and State Route 22 (SR 22) to the north. TransAction Companies, Ltd. is proposing the City Place project on the 17.7-acre project site. The project proposes a mixed use development with a total of 57,700 square feet of commercial uses, consisting of 21 ,900 square feet of restaurant uses, 33,800 square feet of retail uses, 2,000 square feet of restaurant/retail, 74 live/work residential units and 168 town homes. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. The objectives for the City Place project are to: . Develop the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas, and that maximizes the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the City Place project pursuant to Section 15063 ofthe CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the City Place site plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: C:\Documents and Settings IBKauftnan ILocal Settings I Temporary Internet Files I OLKBI City Place findings. doc September 29, 2004 Page. 758-261 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings . Amendment to Specific Development Plan SD-58 to modify the adopted SD-58 to reflect the proposed commercial and residential uses and establish site development standards and parking requirements for the project. . Conditional Use Permit for the proposed live/work units. . Tentative Tract Map for condominium purposes. . Approval of a Development Agreement 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the City Place project on July 5, 2004, for a 30-day review period, The NOP/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations and other interested parties in the project area. The NOP/IS is provided in Appendix A of the EIR, The distribution list for the NOP/IS is provided in Appendix B of the EIR. The City of Santa Ana received nine written responses to the NOP. Copies of these comment letters are provided in Appendix C of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a public scoping meeting for the City Place project on July 28, 2004. The meeting was held from 5:30 PM to 7:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was included in the Project NOP. A copy of the NOP scoping notice is provided in Appendix B in the EIR. Approximately eight individuals attended the scoping meeting. Five of the attendees submitted comment cards indicating the desire to be kept informed of future actions/activities concerning the City Place project. These cards are included in Appendix C in the EIR. Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the following environmental issues: aesthetics; air quality; cultural resources; hazardous materials; hydrology and water quality; noise; public services; transportation and circulation; land use; and utilities and service systems. 3.2.3 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the City Place Project for public review between October 15,2004 and November 29,2004. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Completion C:\Documents and Settings IBKaufman ILocal Settings \ Temporary Internet Files IOLKBI City Place findings. doc September 29, 2004 Page. 758-262 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on October 15, 2004, posted on the project site and filed with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B in the R TC Report. The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the City Place project were received from the following: State. Regional and Local Agencies California Department of Transportation Governor's Office of Planning and Research Southern California Association of Government Orange County Transportation Authority City of Irvine City of Orange Businesses. Groups and Organizations Park Santiago Neighborhood Association Draft EIR Committee Members of the General Public Jeff Dickman Philip Schwab Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place project as part of the regularly scheduled October 25, 2004 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft EIR. Appendix D in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the RTC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for the City Place project on December 13, 2004. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft ErR At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft EIR for the City place project. Appendix E in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the RTC Report. C:\Documents and SettingsIBKaufman\Local Settings I Temporary Internet Files I OLKB \ City Place findings. doc September 29, 2004 Page. 758-263 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Written Responses to Written Comments and Input from the Planning Commission Public Hearing The City evaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that". ..new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.2 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; C:\Documents and Settings\BKaufrnanlLocal Settings I Temporary Internet Files IOLKBI City Place findings. doc September 29, 2004 Page. 758-264 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the R TC Report; (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP and (f) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the City Place project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place project. The following Findings are made with respect to each significant adverse environmental impact of the City Place project.. In addition, the following Findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: · Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and/or City of Santa Ana standard conditions of approval. · Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the City Place project will result in some significant adverse impacts, which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the City Place project, one of the following findings must be made, including the provision of facts supporting each finding: . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. . Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. C:\Documents and SettingslBKaufmanILocal Settings \ Temporary Internet Files I OLKB I City Placejindings.doc September 29, 2004 Page. 758-265 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Short Term Air Quality Impacts Potentially Significant Adverse Impact Related to Short-Term Construction NOx Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-term nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NOx Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Construction NOx Emissions There are no feasible mitigation measures to substantially reduce NOx emISSIons during construction. Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction. AQ-l All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top ofthe trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. C:\Documents and SettingsIBKaufmanILocal Settings \ Temporary Internet Files I OLKB\ City Place findings. doc September 29, 2004 Page 758-266 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings AQ-6 The project applicant will be required to name a construction relations officer to act as a community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activities. AQ-8 After January 1,2005, no person shall conduct an active operation with a disturbed surface area of five or more acres, or with a daily import or export of 100 cubic yards of bulk material without utilizing at least one of the measures listed below. . Install a pad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30-feet wide and at least 50- feet long. . Pave the surface extending at least 100-feet and at least 20-feet wide. . Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24-feet long and 10-feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. . Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. . Any other control measures approved by the Executive Officer and the U.S. EP A as equivalent to the actions specifies in subparagraphs (d)95)(A) through (d)(5)(D). Level of Significance of Impacts Related to Construction NOx Emissions The short term adverse impacts of the City Place project related to NOx emISSIons during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts Potentially Significant Adverse Impact Related to Long Term Operational NOx, CO and ROG Emissions As described in Section 4.3 in the EIR, the operation of the City Place project will result in adverse air quality impacts related to regional NOx, carbon monoxide (CO) and reactive organic gases (ROG) emissions. Finding Related to Long Term Regional NOx, CO and ROG Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Long Term Regional NOx, CO and ROG Emissions C:IDocuments and SettingsIBKaufmanILocal Settings I Temporary Internet Files I OLKBI City Place findings. doc September 29, 2004 Page, 758-267 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings There are no feasible mitigation measures to substantially reduce NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse impacts during operation of the City Place project related to regional NOx, CO and ROG emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measure will lessen air quality impacts AQ-7 The project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restaurant Cooking Fumes. Level of Significance oflmpacts Related to Long Term Regional NO". CO and ROG Emissions The adverse operational impacts of the City Place project related to long term operational NOx, CO and ROG emissions cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality Potentially Significant Cumulative Adverse Impact Related to Air Ouality As discussed above, the construction related NOx emissions of the proposed project and the operations related NOx, ROG and CO emissions of the proposed project would exceed the applicable South Coast Air Quality Management District (SCAQMD) thresholds for these criteria pollutants. The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), which is already a nonattainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance. Regional programs to reach air quality goals and standards will be adhered to by the cumulative projects, reducing the impact. However, the incremental increase is considered significant and adverse when added to the existing nonattainment levels of the Basin. Finding Related to Cumulative Air Qualitv Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support ofthe Finding Related to Cumulative Air Quality There are no feasible mitigation measures to substantially reduce NOx emISSIOns during construction and regional NOx, CO and ROG emissions during operation ofthe proposed project. Therefore, the significant adverse air quality impacts during construction and operation of the City Place project cannot be reduced to below a level of significance. Therefore, the City Place project will contribute cumulatively to adverse air quality impacts in the Basin. Level of Significance of Impacts Related to Cumulative Air Quality C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet FileslOLKBlCity Placefindings.doc September 29, 2004 Page 758-268 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The contribution of the City Place project to cumulatively adverse impacts related to NOx emissions during construction and NOx, CO and ROG emissions during operation cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation Potentially Significant Adverse Impacts To The Intersection of Main Street and 1 ih Street As described in Section 4.9 in the EIR, the long-term operation of the City Place project will result in significant adverse traffic impacts at the intersection of Main Street and 1 ih Street. Finding Related to ImlJacts To The Intersection of Main Street and 17th Street Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Impacts To The Intersection of Main Street and 1 ih Street As described in Section 4.9 of the EIR, there are no feasible mitigation measures to reduce project traffic impacts at the intersection of Main Street and 1 ih Street to a level that is less than significant. Level of Significance of Impacts Related to Impacts To The Intersection Of Main Street and 1 ih Street The project traffic impacts at the intersection of Main Street and 1 ih Street cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the identified project mitigation measures. 4.2.1 Impacts Related to Air Quality Potentially Significant Adverse Impacts Related to Short Term Air Ouality Impacts During construction of the City Place project, ROG emissions from the application of architectural coatings would exceed the SCAQMD daily construction emission thresholds for ROG. C:\Documents and SettingsIBKaufmanlLocal Settings I Temporary Internet Files I OLKBI City Place findings. doc September 29.2004 Page 758-269 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Short Term Air Quality Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Short Term Air Quality Impacts Implementation of mitigation measure AQ-5, provided below, will substantially lessen the adverse impacts of the City Place project related to ROG emissions during construction, and will reduce this potentially significant adverse impact to below a level of significance. AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following web sites provide lists of manufacturers of zero VOC content coatings: http://www .aqmd.gov/business/brochures/zerovoc,html hrtp://www.delta-institute.orglpublications/paints.pdf http://www .c1eanaircounts.org/factsheets/FS%20PDF ILow%20VOC%20Paint.pdf Level of Significance of Impacts Related to Short Term Air Quality Impacts The adverse impacts of the City Place project related to ROG emissions during construction will be mitigated to below a level of significance based on the implementation of mitigation measure AQ-5. 4.2.2 Impacts Related to Impacts To Cultural Resources Potentially Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 in the EIR, there is potential that construction of the City Place project could have a significant adverse impact on unknown cultural resources which might exist on the project site. Findings Related to impacts to Cultural Resources Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Cultural Resources Implementation of mitigation measures C-I and C-2, provided below, will substantially lessen the adverse impacts of the City Place project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance. C:\Documents and Settings\BKaufmanILocal Settings I Temporary Internet Files \ OLKB \ City Place findings. doc September 29. 2004 Page 758-270 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings C-l If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within immediate vicinity of the finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to of Native American origin. This process can involve, but is not limited to re-interment of said remains on- or ff site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative. Level of Significance of Impacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance based on the implementation of mitigation measures C-l, and C-2, provided above. 4.2.3 Impacts Related to Hydrology and Water Quality Potentially Significant Adverse Impacts Related to Water Ouality Impacts As discussed in Section 4.6 in the EIR, the construction and operation of the City Place project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried from the site in runoff. Findings Related to Water Ouality Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Water Quality Impacts Implementation of mitigation measures W-3 during construction and W-4 during operation, provided below, will substantially lessen the adverse impacts of the City Place project related to water quality during construction, and will reduce this potentially significant adverse impact to below a level of significance. For Construction (Storm Water Pollution Prevention Plan (SWPPP) W -3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to C:\Documents and SettingsIBKaufman\Local Settings I Temporary Internet FileslOLKBlCity Place findings. doc September 29,2004 Page 758-271 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on site using structural controls such as sandbags, fencing or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities or adjacent properties via runoff, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to minimize transport for the site to streets, drainage facilities or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. t) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Oualitv Management Plant (wQMP) W -4 Prior to finalizing design plans, a WQMP shall be prepared addressing post construction storm water runoff. This will consist primarily of structural BMPs addressing the urban runoff from the site. As part of the final design plans for the parking lot, drainage for the parking area shall be fitted with structural BMPs to reduce or eliminate urban runoff in the form of catch basins with filters (most likely fossil) or other equivalent filtration device that are regularly maintained and cleared so as to remain effective throughout the storm season. Regular clearing of large debris after a storm to shall be incorporated into the ongoing maintenance program for the City Place project site. Level of Significance of Impacts Related to Water Oualitv CIDocuments and Settings\BKauftnanILocal Settings I Temporary Internet FilesIOLKB\City Place findings. doc September 29, 2004 Page 758-272 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to water quality will be mitigated to below a level of significance based on implementation of measures W-3 and W-4. Potentially Significant Adverse Impacts Related to Drainage As discussed in Section 4.6, the development of the project site for the proposed project will result in a substantial increase in the amount of impervious surfaces on the site which could result in increase storm water runoff and potential drainage impacts. Findings Related to Drainage Impacts Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Drainage Impacts Implementation of mitigation measures W-l and W-2, provided below, will substantially lessen the adverse impacts of the City Place project related to drainage, and will reduce this potentially significant adverse impact to below a level of significance. W -1 Prior to issuance of grading permits, the applicant shall submit a final drainage plan identifying the exact size and location of drainage facilities. W-2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permits. Level of Significance of Impacts Related to Drainage Impacts The adverse impacts of the City Place project related to drainage will be mitigated to below a level of significance based on implementation of measures W-l, and W-2. 4.2.4 Impacts Related to Noise Findings Related to Operational Interior Noise Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Operational Interior Noise Impacts As discussed in Section 4.7 of the EIR, the interior of the residential structures fronting Main Street, Memory Lane and Lawson Way may be exposed to noise from traffic in excess of interior standards, 45 dBA CNEL. Therefore, mitigation measure N-5 below will ensure that interior standards are met through appropriate design of these structures. C:\Documents and SettingsIBKaufmanILocal Settings \ Temporary Internet Files \OLKB\ City Place findings. doc September 29, 2004 Page 758-273 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings N-5 Noise insulation would be installed to ensure that California's title 24 interior noise standard of 45 dBA CNEL is achieved for those residences abutting Main Street, Memory Lane and Lawson Way. This noise insulation would include sound rated doorways, windows, baffling and other measures to ensure compliance of the interior noise standard. An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards. An acoustical report shall be prepared and approved that identifies the building materials needed to meet the Title 24 Interior Noise Standard. Level of Significance of Impacts Related to Operational Interior Noise Impacts The adverse impacts of the City Place project related to operational interior noise will be mitigated to below a level of significance based on the implementation of mitigation measure N- 5. 4.2.5 Impacts Related to Traffic Findings Related to Impacts at Intersection of Main Street and La Veta Avenue Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts At the Intersection of Main Street and La V eta Avenue As discussed in Section 4.9 of the EIR, for the 2006 traffic conditions, the intersection of Main Street and La Veta Avenue will operate at unacceptable LOS E both with and without the project during the PM peak. The implementation of mitigation measure T -1 and T -2 below will improve the level of service to acceptable LOS D in the PM peak for both opening year (2006) and 2025, T -1 Prior to the issuance of certificate of occupancy permits, and subject to the approval of the City of Orange, the applicant shall restripe the intersection of Main Street and La V eta Avenue to provide an additional northbound through lane and convert the existing westbound right-turn lane to an optional thru-right turn lane. T -2 Prior to the issuance of building permits the applicant shall pay Transportation System Impact Area fees to be deposited with the joint powers authority. Level of Significance of Impacts Related to Impacts at the Intersection of Main Street and La V eta Avenue The adverse impacts ofthe City Place project related to impacts at the intersection of Main Street and La V eta Avenue will be mitigated to below a level of significance based on implementation of measures T-l and T-2. C:\Documents and Settings\BKaufmanlLocal Settings \ Temporary Internet FilesIOLKB\City Placejindings.doc September 29,2004 Page 758-274 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Impacts at Lawson Way Segment Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Lawson Way Segment As discussed in Section 4.9 of the EIR, in 2025, the segment of Lawson Way between Memory Lane and Town Country road will be significantly impacted by project related traffic. The implementation of mitigation measure T -3 and T -4 below will improve the level of service to acceptable LOS A for 2025 traffic conditions. T -3 Prior to issuance of certificate of occupancy permits the applicant shall coordinate with the City of Orange for the removal of on street parking along Lawson Way between Memory Lane and Town and Country Road. This will require approval from the City of Orange Traffic Commission T -4 Prior to the issuance of certificate of occupancy permits, and subject to the City of orange's approval, the applicant shall restripe Lawson Way to provide two lanes in direction between Memory Lane and Town Country Road. Level of Significance of Impacts Related to Impacts at the Lawson Way Segment The adverse impacts ofthe City Place project related to impacts at the Lawson Way segment will be mitigated to below a level of significance based on implementation of mitigation measures T- 3 and T-4. Findings Related to Impacts at Intersection of Memory Lane and Lawson Way Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts at Intersection of Memory Lane and Lawson Way As discussed in Section 4.9 of the EIR, the planning warrant analysis shows that traffic signal installation is warranted at the intersection of Lawson Way and Memory Lane. The implementation of mitigation measure T -5 below will ensure that intersection will operate at an acceptable level of service. T -5 Prior to the issuance of certificate of occupancy permits the applicant shall pay full costs for a traffic signal at Memory Lane and Lawson Way. Level of Significance of Impacts Related to Impacts at the Intersection of Memory Lane and Lawson Wav C:\Documents and SettingslBKaufmanILocal SettingslTemporary Internet Files IOLKB\ City Place findings. doc September 29, 2004 Page 758-275 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to impacts at the intersection of Memory Lane and Lawson Way will be mitigated to below a level of significance based on implementation of mitigation measure T-5. 4.2.5 Impacts Related to Public Services Findings Related to Impacts on Parks/Recreation Facilities Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR, Facts in Support of the Finding Related to Impacts on Parks/Recreation Facilities As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for parks and recreation facilities and would further the open space/population ratio imbalance in the City. The implementation of mitigation measures P-3 and P-4 would reduce potential impacts to a level that is below significant. P-3 Prior to the issuance of certificate of the first occupancy permit, the proposed project shall comply with the City's public parkland dedication requirements through provision of private open space, land dedication, fees or other vehicles acceptable to the City. P-4 Prior to the issuance of the first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place project to Santiago Park. Level of Significance oflmpacts Related to Parks and Recreation Facilities The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of measures P-3 and P-4. 4.2.6 Impacts Related to Geology Findings Related to Seismic Shaking Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Seismic Shaking Impacts As discussed in Section 3.7 of the EIR, the City Place project could be subject seismic shaking impacts in the event an earthquake occurs within the vicinity of the project site. The implementation of mitigation measure G-2 would reduce potential impacts to a level that is below significant. C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet Files IOLKB I City Placejindings.doc September 29, 2004 Page 758-276 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings G-2 Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies the seismic constraints on the project site, building loads and design recommendations to reduce potential seismic impacts to a level less than significant. Level of Significance of Impacts Related to Seismic Shaking Impacts The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of mitigation measure G-2. Findings Related to Geologic Stability Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Geologic Stability Impacts As discussed in Section 3.7 of the EIR, the City Place project site is subject to geologic constraints that could impact the geotechnical stability of the project. The implementation of mitigation measure G-l would reduce potential impacts to a level that is below significant. G-l Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies soil constraints on the project site, building loads and design recommendations to ensure the geologic stability of the project. Level of Significance of Impacts Related to Geologic Stability Impacts The adverse impacts of the City Place project related to geologic stability will be mitigated to below a level of significance based on implementation of mitigation measure G-l. 4.3 IMPACTS FOUND ADVERSE, BUT NOT SIGNIFICANT AND PROJECT ENHANCEMENT MEASURES TO MINIMIZE IMP ACTS Potentially adverse, but not significant impacts are identified in this section. Project enhancement measures are identified to minimize adverse impacts associated with implementation of the City Place project. 4.3.1 Impacts Related to Construction Noise Findings Related to Construction Noise Project enhancement measures have been required in, or incorporated into, the project which lessen construction related impacts as identified in the EIR. Facts in Support of the Finding Related to Construction Noise C:\Documents and Settings \BKaufman ILocal Settings I Temporary Internet Files I OLKBI City Place findings. doc September 29. 2004 Page 758-277 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.7 in the EIR, although the construction of the City Place would not result in significant adverse noise impacts, project enhancement measures N-l, N-2, N-3 and N-6 below are incorporated in the proposed City Place project to minimize the generation of noise during construction. N-l During all site preparation, grading and construction, the contractor will be required to ensure that all construction equipment is in proper operating condition and fitted with standard factory noise attenuation features. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. N-2 During final design, the applicant will prepare a traffic haul plan for review and approval by the City of Santa Ana. The contractor will be required to use only the approved haul routes to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. N-3 During all site preparation, grading and construction, the contractor will be required to site all construction staging and storage areas away from Lawson Way, to minimize noise impacts on the senior citizen retirement facility on the east side of Lawson Way N-6 Construction operations for the proposed project shall be limited to 7:30 AM to 4:30 PM Monday through Saturday, and no construction operations on Sunday or Federal Holidays. Level of Significance of Impacts Related to Construction Noise Construction related noise impacts associated with the project would be less than significant. Findings Related to Qr>erational Exterior Noise Impacts Project enhancement measures have been required in, or incorporated into, the project which lessen operational exterior noise impacts as identified in the EIR. Facts in Support of the Finding Related to Operational Exterior Noise Impacts As discussed in Section 4.7 (Noise) in the EIR, even though the operation of the City Place project will not result in significant adverse noise impacts, project enhancement measure N-4 below, is designed to reduce noise levels associated with mechanical equipment. In addition, the operation of the proposed City Place project will be required to comply with City of Santa Ana Ordinances related to noise control during operations. N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, enclosures, parapets and/or other noise attenuation features, so that noise generated by the operation of this equipment does not exceed the applicable City noise standard at sensitive receptor locations. C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet Files I OLKBI City Placejindings.doc September 29, 2004 Page 758-278 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Level of Significance of Impacts related to Operational Exterior Noise Operational exterior noise impacts associated with the project would be less than significant. 4.3.2 Impacts Related to Public Services Findings Related to Impacts on to Police Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Police Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for police services. However, according to the Santa Ana Police Department the impact would not be significant. The implementation of project enhancement measure P-l would minimize potential impacts to police services. P-l Prior to the issuance of occupancy permits, the applicant shall coordinate with the City Police department to prepare a Security Plan for the commercial and residential components of the project. This plan shall be subject to the review and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access. Recommendations resulting from the project review by the City Police Department would be incorporated into the project. Level of Significance of Impacts Related to Police Services The adverse impacts of the City Place project related to Police Services will be minimized with the implementation of mitigation measure P-l. Findings Related to Impacts to School Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to School Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for school services. However, according to the Santa Ana Unified School District and the Orange Unified School District this impact would not be significant. The implementation of project enhancement measure P-2 would minimize potential impacts to school services. P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Santa Ana School District and Orange Unified School District. Level of Significance of Impacts Related to School Services C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files IOLKB I City Placejindings.doc September 29, 2004 Page. 758-279 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to School Services will be minimized with the implementation ofproject enhancement measure P-2. 4.3.3 Impacts Related to Utility Service Systems Findings Related to Utility Service System Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Utility Service Systems As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for utility service systems. However, the impact would not be significant. The implementation of project enhancement measures U-I through U-5 would minimize potential impacts to utility service systems. U-I The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector. U-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-4 The applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site. Coordination with SBC during the development stage would facilitate service connection. Level of Significance ofImpacts Related to Utility Service Systems The adverse impacts of the City Place project related to utility service systems will be minimized with the implementation ofproject enhancement measures U-I to U-5. Section 4.2.4 Impacts Related to Safety Hazard Findings Related to Safety Hazard Impacts C:\Documents and SettingslBKauftnanILocal Settings I Temporary Internet Files I OLKB \ City Placejindings.doc September 29, 2004 Page. 758-280 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Safety Hazard Impacts As discussed in Section 4.5 of the EIR, the potential impacts of the proposed project related to the abandoned jet fuel line would be less than significant. However, there is slight possibility that the existing underground jet fuel line could become active. Therefore, the following precautionary project enhancement measure is included to ensure full disclosure of the fuel line to future property owners. H -1 Prior to the issuance of certificate of use and occupancy, a special disclosure statement of the presence of the jet fuel line is required to be included in all subdivision maps and deeds associated with the project site. Level of Significance of Impacts Related to Safety Hazards The adverse impacts of the City Place project related to safety hazards will be minimized with the implementation ofproject enhancement measure H-l. 4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the City Place project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (Potentially Significant Adverse Impacts of the City Place Project Which Can Be Mitigated to Below a Level of Significance), above, no other potentially significant adverse project specific impacts ofthe proposed project are anticipated to occur. An fuitial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The findings of the IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, that the following effects ofthe project would have no significant adverse or no adverse impact on the environment. 4.3.1 Aesthetics Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to light, scenic vistas and scenic resources. As described in CIDocuments and Settings IBKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place findings. doc September 29. 2004 Page. 758-281 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Section 4.2 (Aesthetics) in the EIR, the City Place project will not substantially degrade the existing visual character or quality of the site and its surroundings; the project will enhance the visual appearance of the site, from a vacant parcel, to a modem urban development. Therefore, the City Place project will not result in adverse impacts related to aesthetics and no mitigation is required. 4.3.2 Air Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place Project will not result in significant adverse impacts related to odors and no mitigation is required. 4.3.3 Cultural Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to currently known and recorded historic, prehistoric and archeological resources. No mitigation is required. 4.3.4 Hazardous Materials Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to documented hazardous materials or hazardous substances sites, use of hazardous materials during construction and operations, airport operations and airport plans. No mitigation is required. 4.3.5 Hydrology and Water Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to groundwater recharge and natural water bodies 4.3.6 Noise Based on the analysis summarized in Section 3.0 in the EIR, the project site is not impacted by aircraft noise that would exceed State or local noise standards. Based on the analysis summarized in Section 4.7, implementation of the City Place would not increase significantly increase long-term noise levels within the project area. No mitigation required. 4.3.7 Public Services As discussed in Section 4.8 (Public Services) in the EIR, the City Place project would require compliance with the requirements of the Santa Ana Fire Department (SAFD) regarding building fire and safety features, The increased demand for SAFD fire and emergency services for the proposed project will not result in the need for new or expanded SAFD facilities. Therefore, the proposed project will not result in a significant adverse impact related to fire and emergency services. No mitigation is required, C:\Documents and SettingsIBKaufmanILocal Settings \ Temporary Internet Files\OLKBlCity Place findings. doc September 29, 2004 Page. 758-282 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.8, the City Place project would result in an incremental increase in demand for library services. However, this is minimal and would not affect the City's ability to provide library services. No mitigation is required. 4.3.8 Transportation and Circulation Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to air traffic patterns, hazardous street conditions, access, pedestrian walkways and bicycle parking facilities. No mitigation is required. 4.3.9 Land Use Based on the analysis summarized in Section 3.0 and analyzed in Section 4.11 of the EIR, the City Place project will not result in significant adverse impacts related to division of an established community and consistency with applicable land use plans and adopted demographic projections. No mitigation is required. 4.3.10 Agriculture Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to agricultural resources. No mitigation is required. 4.3.11 Population and Housing Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to growth or the displacement of existing residential uses. No mitigation is required. 4.3.12 Geology Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to ground surface rupture, unique geological or topographical features, or the use of alternative waste water or septic systems. No mitigation is required. 4.3.13 Biological Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands or habitat conservation plans. No mitigation is required. 4.3.15 Mineral Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to mineral resources. No mitigation is required. C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files IOLKBI City Placejindings.doc September 29, 2004 Page. 758-283 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The MMP for the City Place project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse proj ect impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation ofthe project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the City Place project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the City Place project. The City approves and will implement all the mitigation measures in the Final EIR. 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected the alternatives discussed below for a variety of reasons. The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts ofthe proposed project. The EIR evaluated the following alternatives. 6.1 ALTERNATIVES CONSIDERED BUT REJECTED Potential alternatives to the City Place project that were considered by the City but rejected and not evaluated in the current EIR are based on City of Santa Ana EIR 92-02, certified by the City of Santa Ana City Council in 1992, for the approved Main Street Concourse Project. In addition, no alternative site for the proposed project was considered in this EIR. These alternatives which were considered by the City but which were not carried fOlWard for detailed analysis in the EIR are described in the following Sections. C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet FileslOLKBICity Place findings. doc September 29, 2004 Page. 758-284 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 6.1.1 Alternatives from the 1992 EIR In 1992, the Santa Ana City Council certified the final EIR for the proposed Main Street Concourse Project and approved that proposed project. In addition to the approved project, the Final EIR evaluated three other build alternatives and a No Project Alternative. The build alternatives considered in that EIR were reevaluated as possible alternatives to the currently proposed City Place Project. Those alternatives were rejected as described below and, therefore, were not evaluated in the EIR for the City Place project. Alternative B: Reduced Density Garden Office This Alternative assumed development of the project site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation. Under this Alternative, it was assumed that the site would be developed under the District Center (DC) designation, but at a lower floor area ratio than the maximum possible under the General Plan designation. This Alternative assumed that the site would be developed with 244,000 square feet of retail center and garden space uses. There would be no residential uses on the site under this Alternative. This Alternative proposed substantially reduced land uses on the project site compared to the approved Main Street Concourse Project. This Alternative was not considered further in the EIR the City Place project because: · Alternative B does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, such as proposed as part of the City Place project, is consistent with the Santa Ana General Plan. · Alternative B proposed a different range of land uses, with more commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative B would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative C: Alternative Land Use (All Office) This Alternative assumed development of the project site with two 92,000 square foot, two-story garden style office buildings, and retail and commercial uses similar to the approved Main Street Concourse Project, including retail, restaurant, cinema and health club uses. There would be no residential uses on the project site under this Alternative. This Alternative was not considered further in the EIR for the City Place project because: · Alternative C does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, as proposed under the City Place project, is consistent with the City of Santa Ana General Plan. C:\Documents and SettingsIBKaufmanlLocal Settings I Temporary Internet Files \OLKB \ City Place findings. doc September 29, 2004 Page. 758-285 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings · Alternative C proposed a different density of land uses, with commerciaVretail and no residential uses, than the City Place project. However, the land uses proposed under Alternative C would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative D: General Plan Consistency This Alternative assumed development of the site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation, at a floor area ratio (FAR) of 1.5, which was the FAR permitted on the site under the General Plan at that time. Under this Alternative, it was assumed that the site would be developed with 1.1 million square feet of uses, including three high rise office towers (15, 17 and 23 stories), retail, restaurant, cinema, health club and 36 single family residential units. This Alternative proposed reduced land uses on the project site compared to the approved Main Street Concourse Project, with approximately 0.4 million fewer square feet of development. In addition, two of the office towers under Alternative D would be fewer stories than under the Main Street Concourse Project which proposed one 20-story and one 32-story office tower. Alternative D also proposed slightly fewer residential units than the approved project, at a total of 146 single family and high density residential units versus a total of 278 residential units under the Main Street Concourse Project. This Alternative was not considered further in the EIR for the City Place project because: · Alternative D proposed substantially greater development on the project site than the City Place project. Therefore, the land uses proposed under Alternative D would likely increase and not reduce or avoid the potential adverse impacts of the City Place project related to air quality, traffic, and cumulative air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. 6.1.2 Alternative Site for the Proposed Project The EIR for the City Place project did not analyze an alternative site for the proposed project because the applicant does not own or control another suitable property in the City of Santa Ana. In addition, there are no other known sites of this size available in the City that could accommodate a project of this type. The City Place project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent than at the proposed site. Therefore, locating the proposed project at another site in the City would basically shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts. The traffic impacts which occur in the City of Orange under the City Place project could possibly be located to an area entirely within the City of Santa Ana if an alternative C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet FilesIOLKB\City Placejindings.doc September 29, 2004 Page. 758-286 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings project site were considered, but the level of impact would remain comparable. As a result, an alternative site for the City Place project was not evaluated in the EIR. 6.2 NO PROJECT ALTERNATNES 6.2.1 No ProjectlExisting Conditions Alternative This No Project Alternative assumes that the existing uses on the 17.7 acre project site are retained and that no development occurs on the site. With this Alternative, the site would remain vacant and no residential or commercial uses would be developed on this site. Table 9-1 from the EIR, on the following page, indicates that the No ProjectlExisting Conditions Alternative would not meet any of the City or applicant objectives for the City Place project. 6.2.2 No ProjectlExisting Entitlement Alternative This No Project Alternative assumes that the approximately 17.7 acre project site would be developed consistent with the existing approved entitlements for the project site which would allow for the development of the previously approved Main Street Concourse Project consisting of up to 1.96 million square feet of office, retail and hotel uses, and 280 residential units. The existing entitlements for the project site reflect approved development as assessed in City of Santa Ana EIR 90-2 which was certified by the Santa Ana City Council in April 1992. This No Project Alternative would result in approximately 1.91 million more square feet of commercial uses (office, retail and hotel) and 38 more residential units on the project site than under the City Place project. This No Project Alternative would result in substantially greater land use densities on the project site than the proposed project. The No ProjectlExisting Entitlement Alternative would meet all of the objectives for the City Place project. 6.3 DESIGN ALTERNATNE The Design Alternative reduces the development on the project site by 123,434 square feet and would result in a reduction of overall density and FARon the project site. The Design Alternative would only marginally reduce impacts compared to the proposed project for hydrology and water quality, noise, public services and utilities and service systems. The Design Alternative would have no change on impacts compared to the proposed project on aesthetics, air quality, cultural resources and hazardous materials. The Design Alternative would result in reduced traffic impacts in the short and long term, but not enough to reduce the impact to below a level of significance. The Design Alternative would meet all of the objectives for the City Place project. 6.4 COMPARISON OF IMPACTS Table 9-1 in the EIR, provided on the following page, compares the unavoidable adverse impacts of the City Place project and the No ProjectlExisting Conditions, No ProjectlExisting Entitlement and Design Alternatives. TABLE 9-1 COMPARISON OF THE IMP ACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files IOLKB I City Place findings. doc September 29. 2004 Page. 758-287 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Impact City Place Project No Project / No Project / Existing Design Alternative Catee:orv Existine: Conditions Entitlement Aesthetics Less than significant No impact. No significant Similar to under the impact adverse impact after City Place project. mitigation. Air Quality Unavoidable significant No impact. Substantially greater Similar to under the short term, long term short and long term City Place project. and cumulative impacts impacts which cannot all be mitigated to below a level of significance. Cultural Less than significant No impact. Same as under the Similar to under the Resources impact with City Place project. City Place project. incorporation of mitigation Hazardous Less than significant No impact. Substantially greater Similar to under the Materials impact than under the City City Place project. Place project; can be mitigated to below a level of significance, Hydrology and Less than significant No impact. Similar to the City Similar to under the Water Quality impact with Place project for City Place project. incorporation of hydrology; greater for mitigation water quality; impacts can be mitigated to below a level of significance. Noise Less than significant No impact. Greater than under Similar to under the short term impacts the City Place project; City Place project. Less than significant can be mitigated to long term impact with below a level of incorporation of significance. mitigation Public Services Less than Significant - No impact. Greater than under Similar to under the Police, Fire Services, the City Place project; City Place project. school, library services can be mitigated to Less than significant below a level of park impacts with significance, incorporation of mitigation Transportation Unavoidable significant No impact. Substantially greater Similar to under the and Traffic impacts to Main than under the City City Place project. Street/ 17th Street Place project; cannot intersection all be mitigated to Less than significant below a level of impacts to Lawson significance. Way, Main Street/La Veta intersection and Memory Lane/Lawson Way intersection with incorporation of mitigation Utilities and Less than significant No impact. Substantially greater Similar to under the Service than under the City City Place project. Systems Place project; cannot C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files IOLKB I City Place findings. doc September 29, 2004 Page. 758-288 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Land Use TABLE 9-1 COMPARISON OF THE IMP ACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) No Project / No Project / Existing Design Alternative Existine: Conditions Entitlement all be mitigated to below a level of significance. Less than significant No impact No impact Less than impact significant impact Source: Draft Focused Environmental Impact Report for the City Place Project (P&D Consultants, 2004). Impact Catel!orv City Place Project 6.5 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The City Place project, the No ProjectJExisting Entitlements and Design Alternatives would result in environmental impacts greater than the No ProjectJExisting Conditions Alternative. Therefore, the No ProjectJExisting Conditions Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of that alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally supenor alternative when the No Project Alternative IS selected as the Environmentally Superior Alternative. Many of the environmental impacts of the City Place project are related to the size or intensity of the development and in general, projects with higher density will generally result in more adverse impacts compared to alternatives with a lower density. As shown in Table 9-1, the No ProjectJExisting Entitlement Alternative would result in significant adverse impacts greater than under the City Place project, which cannot be mitigated to below a level of significance, related to short and long term air quality, and transportation and traffic. The other adverse impacts of the No ProjectJExisting Entitlement Alternative, related to aesthetics, cultural resources, hazardous materials, hydrology and water quality, noise, public services, and utilities and service systems, would be similar to or greater than under the City Place project and could be mitigated to below a level of significance. However, because the significant unavoidable adverse impacts of the No ProjectJExisting Entitlement Alternative would be greater than under the City Place project, this No Project Alternative would not be the Environmentally Superior Alternative. The impacts of the Design Alternative would be similar to the City Place project. The significant unavoidable adverse impacts of this Alternative related to short and long term air quality and transportation would less be compared to the City Place project but would still be significant. Therefore, this is Alternative is not environmentally superior to the City Place project. The City Place project would be the Environmentally Superior Alternative because it would avoid significant adverse impacts that would occur under the No ProjectJExisting Entitlement Alternative and would not result in greater impacts than under the Design Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City of Santa Ana has balanced the benefits of the City Place project against its unavoidable adverse environmental impacts III determining that the specific economIC, legal, social, C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet Files \ OLKBI City Placefindings.doc September 29, 2004 Page. 758-289 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings technological and/or other benefits outweigh the unavoidable significant adverse environmental impacts of the project. Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Final EIR and/or other information in the record. The reasons set forth below are based on the Final EIR and other information in the record. Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that the benefits of the City Place project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to short and long term air quality, and surface transportation are: 1. The project would allow the City to achieve the objectives which avoiding or minimizing significant adverse environmental impacts to the extent feasible. The project will: · Result in the development of the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas · Maximize the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. · Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. · Expand live/work residential opportunities in the City of Santa Ana. · Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. · Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. 2. Approval of the project would bolster the economic and social health of the northernmost part of the City of Santa Ana by aiding in the re-establishment of businesses in the project area by stimulating and attracting private investment, thereby improving the City's economic health, employment opportunities and the tax base. 3. The project would be consistent with existing development in the area which reflects an urban environment preserving the aesthetics qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet Files\OLKBlCity Placejindings.doc September 29, 2004 Page. 758-290 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4. Furthermore, there are no alternative sites in the City that are suitable for this proposed project, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to short and long term air quality and surface transportation. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the City Place project related to short and long term air quality and surface transportation are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents included in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made one or more of the following findings with respect to each significant adverse impact ofthe proposed project, as identified in the Final EIR: · Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. · Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. · Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 1 o. APPROVALS C\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place findings. doc September 29, 2004 Page. 758-291 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the City Place project, as described in the Final EIR, including the site approval and design. C:\Documents and SettingsIBKaufmanILocal Settings I Temporary Internet Files\OLKBICity Place findings. doc September 29, 2004 Page. 758-292 ORDINANCE NO. NS-2676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT DISTRICT (SD-59) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of various entitlements in order to construct the City Place Development, a mixed use project consisting of 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); 73 for-sale, live-work lofts and 168 for-sale townhouses, for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On October 25, 2004, the Planning Commission held a duly noticed public hearing, and voted to continue the matter to December 13, 2004. C. On December 13, 2004 the Planning Commission voted by a vote of 6:1 (Sinclair opposed) to recommend that the City Council: 1, Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt an ordinance approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. D. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place Development on February 7, 2005, and at that time considered all testimony, written and oral. E. Amendment Application No. 2004-06 has been filed with the City of Santa Ana to amend Specific Development Plan No. 59 (SD-59). Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. (ZOA 2004-06). Section 3. This ordinance shall not be effective unless and until Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If said resolutions are for 758-293 for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 758-294 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2676 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 758-295 THE MAIN STREET CONCOURSE 758-296 Specific Development Plan No. 59 City of Santa Ana DRAFT 02/01/05 TABLE OF CONTENTS PAGE APPLICAI3ILIT~ OF OFlI)~ANCE ..".,...............................,..,...,............... 1 PURPOSE .,............,........................................................................... ..1 PART I. GOALS, OI3JECTIVES AND POLICIES ....,....,............,....................2 P ART II. PERMITTED LAND USES ..........................................................4 A J..L. Professional "A~nd Business Office Uses (ZONE II "A~ND ZONE III) ......,.,......3 1. Permitted Uses ...................................................,.,.,....,.., .....4 B. RetaillRestaurant Uses (ZONE II, ZONE III, ZONE IV) ,...........................1 1. Permitted Uses ...................................,.. ,.......................... ....1 C. Recreation/Entertainment Uses (zm-m II) ...,........................................ .5 1. Permitted Uses ................................,....................................5 D. Hotel/Conference Uses (ZONE III) .................................................. ....5 1. Permitted Uses ....................,....,.....................................,. ,...5 E, Residential Uses (ZONE I) ............................................................... 5 1. Permitted Uses .....................,...,..,....................,......,......... ... 5 F, ~4ass Transportation............,.".....................,............................., ...6 1. Permitted Uses .............,....'..................... '........................ ...6 Go 2. Conditional Use Permit ....."................................................... 7 PART III. DEVELOPMENT ST ANDAFlI) ..............................................10 A. Floor Area RatiolDensity ..................................,........................... ,.10 1, Professional and Business Office Space _..........,..... ..1 0 2. Retail and Restaurant Spaee _.,..........................,......... .11 758-297 3. Recreation/Entertainment Space _................."'..,........... .12 4. Residential Spaoe _.... ... ............... ... ... ,.. ,.,......... ......... ....12 5. Hotel/Conferenoe Space _.........,.............................. ..13 6. Signage.....................................,.....,..........,.,................. ....13 7. Plaza and Fountain Design..................................................... ..13 8. Public Art........................................ ,..,..,............,.,....,.... ....15 B. Density Con'lersion .....".,.........................................,..,......... ...,..., .9 BG. CC&R's......... ... ..............,............ ... ............ ... ............ ........... ....15 ~. ~ Building Height ...,..,.,...,..,.,.........,...,..,........................................ 16 IlII& Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . , . . . . . . . . ..16 . Site Coverage and Open Space ....,...".,......... ....................................17 Ifh Parking. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . .18 ~ Loading Areas ................................"...,.................................... ...20 lit Storage Areas/Mechanical Equipment. ,......................................."... ...22 ~ Refuse Collection Area ..........................."..................................... .22 ~ Telephone, Electrical, Water, Gas Cable TV, Storm Drains and Sewer Service ....................,. ,............................. ...23 L. Public Transit .............,.."..,........................,.,........................... ..17 ~. Maintenance...... .."., .,. ............... .., ..,.,....... ... ..........,................ .. .23 PART IV. DESIGN STANDARDS .............,........................".,.............25 A. Interior Street ................,...................,...,....................,........... .....25 B. Building Mass, Form and Architectural Style .......,............................. ...26 C. Materials......,....................... ,..............,.,..................,."......... ....27 ii 758-298 D. Color...................,................................" ,.,...,..,.,.................... .28 E. Public Art ...........,...,....................................,..."., ,..,.,.............. ..28 F. Detail ......................,...........................................................,..., 2 8 PARTV. LANDSCAPE MATERIALS AND DESIGN .......,...................... ,30 ^ ~ :I.. Main Street, Owens Dri'le and La-wsOR Way Setback Area ....................... .23 1. Main Street Phase I ........................................................... .21 1 a. Main Street Phase II ......................................................... ..25 2. OV/ens Drive Phase I ..........'..,...,..............,..................'... ...27 2a. Ov;ens Drive Phase II .......,....,.,.,....,.,..........,................... ...29 3. Owens Drive and Lawson 'Nay Intersection ............................. ....30 1. Lav/son ~Tay ............... .............................. ,.. ,.,........,....... ..30 B. Main Street and Owens Dri'le Planted Medians ,.,....................... ...31 1. 14ain Street.........................................,........,.,..... .....31 2. OV/0RS Drive ............ ....................".,....,.................. .31 C. ResideFltial .\reas ................................,.............................. .31 1. Recreation .^...reas ,.................................."..,.............. ..31 2. Interior Common Open Space ..........,....... ......... ... ..........32 3. Private Open Space ................................................... ..33 D, Concourse Drive ..........'.... ................... ,.......................... ....33 E. Pedestrian Oriented Public Plaza ...................,........................, ,33 F. Hotel Entry Court .......,...,'.................................... ,..,......... ..33 G. Parking Struetl:lre Screen.......,...,.....................,................... ...31 ~ Temporary Landscape Adjacent To Undeveloped Parcels .................41 ~ General Notes ... ...... ....,.................,...,... ... ..........,. .,.............41 iii 758-299 PART VI. SIGNAGE ....,...............................................,......". ,44 A. Intent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . , . . , . , , . , . . . . . .44 B. Sign Message Categories ..................................................... ..44 C. Physical Sign Types .......................................................... ...45 D. General Criteria ................,................................................ .45 E. Criteria For Individual Sign Types ............................................46 1. Freestanding Signs .................................................. ....46 2. Wall/Canopy Signs .,................................................ ...46 3. Projecting Signs .....................................,............... ....47 4. Marquee Signs ................................................... .... ...47 5. Signs Under Canopies And Marquees ...............................47 6. Major Building Identification Signs ................................ .10 ~ Temporary Identification Signs ..........,....,..,..,.............. ...48 I&- Submission of Main Street Conoourse _ Plan Signing Design Program ,.................................................... ....48 PART VII. LIGHTING......................,..,........................,........ ...50 A. Street Lighting/Exterior To The Project (Public Right-of-Way) .....................,.,.............................".. .50 B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive ............................." ,................"..,....... ................. .50 C. On-Site Building Lighting ................,...................,................ .51 D. Required Minimum Maintained Illuminance Levels ..................... ..51 PART VIII. OPERATIONAL STANDARDS ...............,.,................. .54 PART IX. CONCEPTUAL PL\N APPROV,^...L ............................. ..50 iv 758-300 ATTACHED EXHIBITS Exhibit A - Exhibit B - Interior Zone for Signage Locations Exhibit C Coneeptual Site Plan (Proposed Phase I) Edlibit D Conceptual Site Plan (Proposed Phase II) v 758-301 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subiect to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. PURPOSE The Specific Development No. 59 (SD-59) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SD-59 regulations will establish a professional district that will exclusively entitle 57,700 square feet of commercial space at the northeast comer of Main Street and Memory Lane with 241 for sale residential units further to Lawson Way. This area will be a mixed use district with eating establishments, support services and a residential component consisting of live-work and townhouse units. 1 758-302 PART I. GOALS. OBJECTIVES AND POLICIES The MAIN STREET CONCOURSE is intended to be an exciting new community where people can work, live, shop, and enjoy top quality recreation and entertainment opportunities. By design, the project will meet the goals and objectives of a quality, balanced and community sensitive master planned mixed use development. 1. A long-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive development as viewed both internally and externally; 4. A bold but integrated sign program suitable for a mixed use project of this scale and scope; 5. A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan; 6. Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 2 758-303 7. A development that '.vith office and s1:lpporting uses provides special special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 8. Provision of off-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; and 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage. ..' .' ..." . .... . .... '.' .. ". ... . ,"",. . _ __ ,_A 3 758-304 PART II. PERMITTED LAND USES Attached hereto as Exhibit }.. is a map showing the Land Use Zones f-or the project. The uses permissible in each zone are set forth below. If a use is for any reason omitted from those specified as permissible in allY zone, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. ^ ..L.... Professional and Business Office Uses (ZONE II }..ND ZONE III). 1. Permitted Uses. B. Retail/Restaurant Uses (ZONE II, ZONE III, ZONE IV). 1. Permitted Uses. &r. General office uses providing professional and administrative services including but not limited to employment agencies; advertising agencies; banks; escrow agencies; accountant, medical, insurance, tax, real estate, legal, consulting, and travel services; tourist inf-ormation; trade contractors; architects; engineers; planner; surveyors; research and development; stock brokers; state, county, municipal or other public offices, and other similar uses. b. Incidental support uses within an office building, corporate art displays and exhibits, musel:lIl1. space, day care centers, and other uses ancillary to the primary use; provided such incidental uses are limited to 10% of the total floor area. Ir.--Retail sales and service uses including but not limited to: department stores, and other establishments f-or retail merchandise; banks and other financial institutions;-clothing stores or boutiquest cafes; delicatessens; food stores; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment; outdoor, eat in or take out restaurants; book and stationery store; camera shop; shoe store or repair shop; tailor; tobacco store; office 4 758-305 eq1:1ipment rental and repair; tourist information and travel agencies and ticket reservation services; sporting goods store; art gallery; craft store; cultural displays and related merchandising; pet store; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, formal wear stores (sales or rental); hair styling shops; design and furniture centers; cookware and gourmet specialty shop; office furniture store; interior decorator shop; private OhIO with food and beverage service (excluding public assembly halls and subject to obtaining a Conditional Use Permit if alcoholic be'/erages are served); and dry cleaner. - - - . . - 1r.I A maximum of five permanent outdoor sales kiosks and 5 portable outdoor pushcarts or other portable vendor sales facilities. The size and location of each Kiosk and pushcart shall be approved on a masterplan of such uses by the Planning Commission. 5 758-306 c. Temporary outdoor activities or special e'/ents, not occurring as part of the normal co\:trse of the operations of the retail area, such as bazaars, fiestas, :fundraising events, art fairs, festivals, ol:ltdoor music concerts and similar l:lses provided that the project operator shall file an application for a Land Use Certificate with the Plamling Manager as provided for in Section 41 675 of the Code. /\. peak traffic event operating plan shall be submitted for approval ooncurrently v/ith the land use certifioate application and shall include pro'/ision f-or special signing, a flat entry fee at all gates, opening of all entry gates and a use of parking direotors, if any are neoessary. Parking control at aU site intersections must be proyided. C. Reoreation/Entertainment Uses (ZONE II). 1. Permitted Uses. a. Health and Exercise centers, including health clubs, gyms, teoois eomts, swimming pools and other similar uses. b. Cinemas or multi pIe], FIlovie theaters and live performanoe theater, up to a combined maximum seating of 1,500 seats. The liye performance theater FIlay be freestanding, or may be proyided as a dual use theater in eoooeotion with a cmema. D. Hotel/Conf.erence Uses (ZONE III). 1. Permitted Uses. a. Full servioe high rise hotel. b. Full service all SMites, high rise hotel. 0, Such aneillary uses as are typically found in a full servioe hotel, including but not limited to: conference/meeting space and banquet facilities, recreational faoilities suoh as spas, pools, training rooms, and other similar uses, restaurants, retail shops, nightclubs, cocktail lounges, cafes, trayel services, and other commereiall:lses whieh have direct aooess to the hotel use. E. Residential Uses (ZONE I). 1. Permitted Uses. 6 758-307 a. Attached single family b. Multi family Residential as condominiums lliTits in a Type I construction residential to\ver, c. Temporary residential model complex and leasiflg office. d. Uses incidental or afl:cilla!")' to any residentialase, such as sV/imming pool, satHla, jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. F. Mass TransPortation. 1. Permitted Uses. Monorail statim'!. or other rail rapid transit passeflger station (ZONE IV). - - - - - - - 7 758-308 - - . - . - - - . G. Conditional Use Permit. 1. The fDllowing uses are permitted upon approval of a Conditional Use Permit in accordance with the Code, provided that the only conditions which may be imposed upon any Conditional Use Permit shall be conditions directly related to the l'latlHe of the proposed use, and the charooteristics of the operation of the business; a, Helistop (Zone II) 8 758-309 b. 'Nine aad fine liquor store (Zofte II, Zone III, Zone IV). c. Farmer's Market f-or the sale of vegetables, fruits, and other agricultural products OR weekends and holidays only from 6 a.m, to 2 p.m. and oRly in Phase II ''vithin the interior of the project (Zone II, ZORe III and Zone IV). d. }.ntique store operated by a certified antique dealer selling antiques or vintage clothing and memorabilia (not including thrift stores) (Zone II, Zone III, Zone IV). e. Automobile support facilities pro';iding services within parking structures such as: gas/fuel sale; auto servicing; auto detailing and other similar uses (Zone II and ZOl'lC III). f. Community oriented live performance theater (Zone II). g. Indoor entertainment that charge an adfnission fee (Zone II, Zone III, Zone IV). h. On and off premise sale of alcoholic be'/erages (Zone II, Zone III, Zone IV). 1. Chapel or church (Zone II, Zone III). 9 758-310 PART III. DEVELOPMENT STANDARDS The following General Development 8tandards are applicable to all uses in the Main 8treet conCOl:lfse project. The requirefE:ents of the 8anta ~\na Municipal Code (the "Code") including de'/elopment standards of general application thro1:lghout the City, shall govern the de'/elopment ofthe MAI}{ 8TREET CONCOUR8E project, except as otherwise provided f-or in this Plan, and sl:lbject to such vested rights as the deyeloper may have pursuant to any development agreement with the City. All terms not otherwise defined in this Plan shall ha'/e the meanings set forth in the Code. In the event of a conflict between the terms, conditions, req1:l-irements or provisions of this Plan and the Code, the terms of this Plan shall govern. A. Floor Area Ratio/Densitv. The following sets forth the maximum allowable floor areas for the various permitted use classifications of the project., subject to any density conversion as allowed by 8ection C of this Part III. Increases ia the aggregate d0flsity as set forth herein requires an amendment to this Plan, and would be s1:lbject to appropriate environmental review. The aggregate development d0flsity corresponds to an overall Floor Area Ratio ("FAR") of the Main Street Concourse project of approximately 2.54, based upon a net site area of 771, 116 square feet and 1,964, 770 total gross square feet of development. This FAR represents the maximum intensity of development for the site. Parking areas and struct1:lres are not to be included in the calculation of density. -.'.'...'.............'. .. .. ..... . ......... .. ......... .. . ~-- - - -.: _:~ 1. Professional and Business office 8pace. 931,075 square feet. 10 758-311 2. Retail and Resta1:lfant Space. 234,160 sql:lare feet. 3. Reoreation/Entertainment Space. 56,400 square feet. 4. Residential Space. 427,660 square feet comprised of216 &nits of high rise condominimn and 64 1:lfl:its of attaohed single family housing. This density reflects a site wide maximum aggregate density of 16 Dwelling Units per acre. A minimum of6.1 acres of the site shall be deyoted to residential uses, proyided such 6.1 acres may be parcelized into any number of paroels, 5. Hotel/Conferenoe Space, 315,475 square feet comprised ofa miniml:lffi of250 hotel rooms (including suites) and a minimum of 11,000 square feet of assooiated restaurant spaoe, 20,000 sql:lare feet of conyention facilities/meetinYbanquet rooms, and 30,000 square f-eet of support retail. B. Density Con',ersion. Upon application to the Planning Department and approyal by the City CO\:lflcil, the developer may seck to oonvert square footage allooated to a particl:llar land use category to another category. Sl:lch con',ersiofl may be granted only if all of the f-ollov,ing requirements are met: (i) the developer establishes that the environmental impacts associated with the revised square f-ootage allocation are less than or equal to the impaots associated '.yith the development permitted by this Plan, (ii) deyeloper has oompleted a minimmn of 548,392 square feet of Professional and Business office space, 86,580 square feet of retail spaoe, 8,280 square feet ofresta1:lfaRt space, a cineplex/community theater, and a health club and (iii) there will be no inorease in residential density. - 11 758-312 - - - - - 12 758-313 - - - 13 758-314 14 758-315 - F CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development 15 758-316 and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal use rights in Phase I afld Phase II for the residential and commercial uses. ~ Building Height. 1. On any lot or portion of a lot in Zone I of the Specific Development Plan area no building or structure shall exceed u.g _feet in height, as measured from the lowest adjacent finished grade. 2. On any lot or portion of a lot in Zone II of the Specific De'/elopment Plan area NO building or struoture shan exoeed 450 feet in height, as measured from the lowest adjaoent finished grade. 3. On any lot or portion of a lot in Zone III of the Specific Development Plan area no bMilding or structare shall exceed 315 feet iN height, as measured from the lowest adjacent finished grade. 4. On any lot or portion of a lot in Zone IV of the Specific DevelopmCflt Plan area no building or strueture shall exoeed 45 feet in height, as measm-ed from the lowest adjacent finished grade. 5. Flagpoles afld other incidootal appurtenaB:ees on a building suoh as aircraft warning lights, beaeons, and architectaral features, may oxoeed the height limit. ~ Setbacks. h Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach into any required perimeter setback either at or below grade. For the purpose of this Plan, a street side property line is that line created by the ultimate right-of-way line of the adjoining public street. Minimum setbacks are as follows: 16 758-317 a. b. c. d. Concourse Drive (interior street set backs : 2, Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior ofthe project, retail canopies may project five (5) feet into setback area. 4. Due to the integrated mixed use nature ofthe development, subject to applicable fire safety standards in the Code, and exeept as otherwise provided in this Section F, or as may be required for traffic safety (i.e. line of sight requirements), there shall be no interior lot line setbaeks (i.e., a "zero lot line setbaek" will be allowed). . Site Coverage And Doen Space. 1. For purposes of this Section G, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 2. The entire project shall de'/ote a minimum of25% of the aggregate gross area of the non residential parcels ia the site to open spaee. The site shall devote an aggregate minimum of 11.5 acres to non residential purposes. 17 758-318 3. ~ ~ ~ I~ 1& ~ Parking. The projeet shall de'.'ote a minimwn of35% of the aggregate gross area of the site used for residential parposes to open space, The site shall devote an aggregate maximwn 6.1 acres to residefltial purposes. Residential open space may be private common area or private yard but shall in no event include any space provided in baleonies ef required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as may be imposed for security and safety by property management. No required setback area shall be calculated as required open space. Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. Single family attached residential shall provide a minimum of ~ .square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. Ceondominium units shall contain a balcony ef not less than _ ..... 90 square feet of private open space area. Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area, 1. All parking, including valet parking or shared parking, shall be as pro',ided per the Santa f..na Municipa-l Code (SAMC) or any parking '!ariance appro',ed pursuant to the Code. 2. Non reflecti'!e glass storefronts v/ith opoo visibility shall be utilized at all pedestrian corridor areas pro'!iding aeeess to parking structlHes. 3. ;\11 ramps throughout the projeet shall not exceed 12~\' slope ifno parking occurs on the ramp and 5% maximum slope if parking is on the ramp. 18 758-319 4. ~. 6. 7. Is. 19. 1M. Vertical pedestrian circulation from below grade and stl1:lctured parking shall incorporate ele'/ators, escalators and stairs. Vehicular site access points will be provided from Lawson Way, Main Street and two points from Owens Drive Memory Lane, as defined on the site plan. f.ll underground parking shall ha'le mechanical smoke coatrol/removal. Parking operator shall prepare, submit, and comply with a parking control plan to the City for review, pursuant to which the operation of the parking facilities and duties of the parking operator staff will be described. Plan shall also ine1ude event parking coatrols aHd description or bollard controls~ There shall be no sharing of residential parking. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. No partitions, walls or other obstructions shall be built or placed with the attached single family, f-our car garagel preventing the spaces from being used by residents and g1:lests for the parking of vehicles. 1+1-. .. Rjecreational vehicle_ storage ts-II prohibited on-site. 12. All ramps throughout the project shall not exceed 12%, slope ifno parking occurs on the ramp and 5% maximum slope if parking is on the ramp. I~. The townhouses shall be designed with vertical roll-up garage doors. 1M. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. 19 758-320 ~. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 11-6. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas - Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. b. Open Parking Areas (Phase I) - Parking areas other than those within a building may be paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles - All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 5~ inches. ~. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. BI-&. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. ~, All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. ~ Loading Areas. 20 758-321 1. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions of the project and adjacent neighborhoods while allowing for efficient utilization by commercial users. 3. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 4. Loading areas shall be visibly separated from public entrances and parking areas. 5. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 'h inches of Portland concrete cement. Soil conditions or the nature of the trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each e.fHee building and adjacent retail shops/restaurants; the cineplex, health chID and adjacent shops/restaurants; the hotel and conference facility; and the high rise residential tower (2 service truck stalls plus one stall f-or trash removal). 21 758-322 10. All! loading areas for the 55 foot semi-trailer . Storage AreasIMechanical Equipment. 1. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts ',iewed from the office to',yers. 2. No outdoor storage shall be permitted. 3. There shall be no exposed television, ham radio, dish or other antenna. I,J.;. Refuse Collection Area. 1. A refuse collection area shall be located at each loading dock per approved site plan. 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. 3. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 4. Except for the attached single family resideatial uses, all trash and refuse shall be collected, compacted afld stored internally at centralized ai"eas. Refuse will be picked l:lp at truck loading areas in accordance with the City's vendor's schedule, trash pick up operation agreement and the CCR'8 for the project. ~. Ie. Each trash enclosure shall have a minimum of six inch concrete slab in front ofthe enclosure that is at least the same dimension as the trash enclosure. 1+. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 22 758-323 11&. All trash enclosures throughout the project shall be designed with metal doors. ~ Telephone. Electrical. Water. Gas. Cable TV. Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 ofthe Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. L. Public Transit. A bus tl:lffiout lane and bus shelter shall be incorporated aloflg Main Street. Bus shelters may be free standing pergolas, arcades or recessed covered waiting areas, all as consistent v/ith the Orange County Transit Districts: Design Guidelines f-or Bus Facilities and the Code. A monorail station or other rail rapid transit passenger station may be located adjacent to or incorporated into retail uses on the site. 11M. Maintenance. The entire project shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- 23 758-324 of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the proj ect. 24 758-325 PART IV. DESIGN STANDARDS A. Interior Streets 1. Concourse Drive. The tone and pedestrian experience of the project will be largely determined by "Concourse Drive," a wide interior street which will meander ___through the project. The Concourse is intended to lend a unifying component to the project as well as link different uses together. a. Concourse Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Concourse Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the proj ect. c. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. e. Concourse Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. Concourse Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout Concourse Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the Concourse area. 25 758-326 h. Tree wells shall be a minimum of three feet by three feet with protective tree grates and collars, 2. Single Family Residential Internal Streets. a. The internal circulation road within the residential component of the project will have a minimum 22' wide pave roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials between_ residential units, c. The internal residential road will be secured from general publio access thrOMgh the use of deoorative gates and other seourity devioes, as indicated on the site plan. 3. Vehicular Loading Access Roads. a, Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. c. Colored paving materials and concrete may be used as accent materials at entry locations (not including public right-of-way or required easement areas) on the property to visually define entryways. B. Building Mass. Form And Architectural Style. One critical component of the Main Street Concourse design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. 1. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal 26 758-327 shapes. Building mass forms may be composed of ornate historical building styles or a combination thereof. 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. 5. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms may be exaggerated to express a particular style. 8. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The Main 8treet Concourse _ development will embrace innovative uses of contemporary architectural materials. 1. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2, Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest ofthe Main 8treet Concourse _ project. 27 758-328 4. 5. 1+. D. Color. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. Monolithic glass surfaces may be used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. 6. High rise buildings (including office buildings, the high rise hotel and high residential) shall incorporate multi faceted exterior facades and varied rooftops with set back lines. Glass storefronts shall be provided facing all streets, Concourse Drive, .the majef pedestrian oriented public plaza! adjacent to Concourse Drive, and the elevated pedestrian system. 1&. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. 19. Security gates for storefronts, if provided, shall be designed inside of the buildings. 1. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E, Public Art. F. Detail. Various forms of public art may be integrated into public spaces (not including public right-of-way) throughout the project. 1. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features of the architectural design. 28 758-329 2. Upgraded light fixtures, door and window details and other feature items are encouraged. 3. Banners, flags and other colorful devices may be used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. 5. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement of theme and style. 29 758-330 PARTV. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices may be substituted depending on experience and actual soil conditions. The high quality of the development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. The following categories are addressed: 1. Main Street, Owens Drive and La'Nson Way setback areas. la. Main Street, Owens Driye and Lawson VI ay setback areas (Phase II1 2. Main Street, Owen Dri'le and Lawson VI ay street frontage areas. 3. Main Street and OV/ens Drive planted medians. 4. Residential areas, 5. Interior pedestrian street. 6. Multi use office forecourt. 7. Hotel entry court. 8. Parking struet1:lfe screen planting. 29. Temporary landscape adjacent to undeveloped parcels. 310. General notes. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with aHEl implement these concepts _. Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of- way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. ^ .L.L. Main Street. OV/ens Drive fJ1d Lawson Via'! Setback Areas. To create a unifying elemem surrounding the project area, a landseaped edge will be maintained adjacent to Main Street, Owens Dri'/e and Lav,'son 'Nay rights of ':/ay, The edge will contain formal street tree plantings with turf and pa'ling below. 1. Main Street Phased. The Main Streot parkway area designated in Phase I will incorporate a formal row of street trees planted in a three foot 30 758-331 square planter within the standard City sidewalk and parlnvay of 10 feet as measured from the face of c1:l:rb. The installed street trees will continue throughout the entire length of the project. An additional area oflandscafle, inside the property line, will contribute to create a consistoot lffban landscape image. This area, '1arring in size from. 15' minimum to 95 feet maximum, of large sculptural ground coyer Berms with trees planted in f-ormal alternating patterns will pro'lide a beautiful green buffer from the adjacent traffic and creates a pleasant, fledestrian scaled transition for the office tower employees and visitors. }.. large e'.'ergreen hedge occurring along the total length of the Main Street site functions as a visual screen from the required on grade parking lot. .\ yery special sculptural garden with large inf-ormal canopy trees will become the maj or [OCliS during Phase I. Turf 'Nill be consistently lised as the ground plane landscape treatment along the northwest frontage. .^..t the comer of Main Street and Owens Drive, a large sculptural groundcover berm with formal, alternating arrangement of trees becomes the strong landscape transitional element. A contiooation of the same landscape vocabulary occurs around the comer of OWooS Drive. Suggested minimum elements of this streetscape area are as f-ollows: (a) Street Tree: Arecastrum romanzoffianum Queen Palm. Size: 15' tall (brown trunk height). Spacing: Planted at 30' OR center ':/hoo not prevented by traffic sitelines, BCR and ECR setbacks, light standards and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, water, sewer, etc. (b) Perimeter Backdrop Tree: Gleditsia triacanthos inerm.is Skyline Honey Locust. Size: 36" box. Spacing: 30' on center spacing. (c) Parking Lot Tree: Brachychiton populnous Bottle Tree. Size: 21" box. 31 758-332 SpaciNg: spaces. One tree every four to five parking spaces. Note: Trees are to be planted in over sized boxes to facilitate future reuse of the trees on the project. (d) Sculpture Garden: Koelreuteria bipinnata Chinese Flame He&.- Size: 18" to 60" Box. Spacing: Inf-ormal. (e) Parking Lot Hedge Shrub: LigM:strumjaponicum "Texanum" 'NaxleafPrivet. Size: 5 gallon. Spacing: 30" on center. (0 Landscaped Berm: Hypericum calycinl:lffi f~aron's Beard. Size: Flats. Spacing: 8" on cooter, triangular spaced. (g) Turf: Marathon Fescue II Fescue blend. Size: Sodded. la. Main Street Phase II The Main Street streetscape will be landscaped '.'lith 15 feet of turf adj acent to the curb and an additioflal 10 15 feet of accent paving along the retail building frontage. Traditional parkway side'.valks shall occur at all locations not adjac0fl:t to a retail building. The sidewalk area will accommodate pedestrian traffic along Main Street, and provide easy access to retail businesses. Turf planting exteflds fi'le f-eet inside of the property line. f~ water feature on site Vlill drav/',isitors into the project and provide a major f-ocus. A '.vide range of landscape features such as seahvall rings and aceeNt pots with topiary trees 'Hill animate the street, all per the approved site plan. At the comer of MaiN Street aNd Owens Dri'.'6, a ring of accent paving and turf provide a base for a sculptural accent feature the feature occurs inside the property line and aelrnmvledges the importance of this comer as a pedestrian access point. .\ allee of orchid trees leads pedestrians into the Central Court. 32 758-333 Detailed right of v;ay improvement plans cOfltaining the above descriptiye scenario will be presented to the Public Works Agency for approval. That plan. may be altered subject to requirements of that Agency, Suggested minimum elements of this streetscape are as follov;s: (a) Street Tree Arecastrnm rosanzoffia1'H:lfIl, Queoo Palm, Size: 15' tall (brown trunk). Spacing: 30' on center. (b) Secondary Mall Tree Gleditsia triacanthos inerrnis "Skyline"; Honey Locust. Size: 18" Box Sflacing: 30' on center. (c) Seatwall Rings 18" high x 20" wide, poured in place concrete. Tree: Gleditsia triacanthos inermis Skyline Honey Locust. Size: 48" Box Groundplafl:e: Annual color, Size: 4" pots. Spacing: 8" on center, (d) Bus Drofl Off Area Koelreu-teria bipinnata, Chinese Flame ~ Size: 48" to 60" Box. Spacing: Informal. ( e) Center Court Bal:lhinia '/anegata, Purple Orchard Tree. Size: 24" Box. Spacing: 10' on center, planted in raised seat planters, (f) .^~ccent Pots/Small Topiary Tree Syzygium pan.iculatum, Brush Cherry. Size: 24" Box. Spacing: 24' on center, planted in pots in a formal row. 33 758-334 (g) Tl:H:f: Marathon Fescue II Fescue blend, Size: Sodded (h) Landscaped Benn Marathon Fescue II Fescue blend. Size: Seeded. Note: i'\rchitectural benn (less thaR 3') to screen any interim parking. 2. Owens Dri'le Phase I. The Owens Drive setback area in Phase I v;ill be landscaped in a formal row of street trees planted in tlKee f-oot square planters with approyed root barriers within the typical City of Santa }Jla sidewalk standards and a 10 foot parkway for the portion of street frontage between Main Street and the Hotel site. From the Hotel site east'llard to Lawson 'Nay the spacing of trees will be informally spaced to aceentuate the park like spacing fOlHld iFl the adjacent medians and Santiago Park streetscape. The installed street trees will remain planted where there will be no circulation conflicts with future phasing. A large selilptural ground coyer berm planted with a formal row of alternating perimeter trees will screen the required on grade parking lot. TUi"f and groundcoyer areas expand significantly at the residential area. Easy pedestrian access is provided along the street, and buffered from adjacent vehicles. Service entrances and utilities are screened from view with buffer planting. Suggested minimum elemoflts of this streetseapo area as f-ollows: (a) Street Tree: Platanus aeerfolia London Plane Tree. Size: 24" Box. Spacing: 35' on center spacing when not prevented by traffic sitelines, BCR and ECR setbaeks, light standard and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, '.vater, sewer, etc. (b) Perimeter Tree: Gladitsia triacanthos inermis Skyline Honey Locust. Size: 36" Box. 34 758-335 Spacing: 30' on center. (c) Parking Lot Tree: Braehychitofl populneas Bottle Tree. Size: 24" Box. Spacing: One tree every four to five parking lot spaces. (d) Landseaped Berm: Hypericum calyciIll:lfl1 }..aron's Beard. Size: Flats. Spacing: 8" on center, triangular spaced. Note: Architectural berm (less than 3') to screen any interim parking. (e) Front yard Tree: Bauhinia variegata Purple Orchard Tree. Size: 24" Box. Spacing: 15' on center. (f) Groundcover: Myaporum parvafolium Drought tolerant variety. Size: Flats. Spacing: 12" on center, triangular spaced, (G) Turf: Marathon Fescue II Fescl:le blend. Size: Sodded. The landscape treatment f-or de';elopment categories 3 to 9 will be the same application f-or Phase I and Phase II. 2a. Owens Drive Phase II The Owens Drive streetscape area will be landscaped with 15 feet of turf adjacent to the curb (five f-eet inside of the property line) and an additional 14 feet of accent paving adjacent to retail building frontage. Traditional full width sidewalks are required in all areas not adjacent to rotail area. Turf and groundcover areas expand significantly at the residential area. Easy pedestrian access is provided along the street, and buffered from adjacent vehicles. Service entrances and utilities are screened from 'lie".'1 with buff-er planting, per the appro'/ed site plan. The street setback of the project along Owens Dri'/e adjacent to Santiago Park shall be 35 758-336 designed to match plant material and design eonoepts of Santiago ~ A. detailed specifio plan oontaining the abo';e desoriptive soenario will be presented to the Public \Vodes }..gency for approval. That plan may be altered subject to requirements of that Agenoy. Suggested minimmn elements of this streetsoape area are as follows: (a) Street Tree: Platanus }..cerfolia London Plane Tree. Exoept at retail Size: 21" Box. Spaoing: 35' on center when not prevented by traffie site lines, BCR and ECR setbacks, light standard and fire hydrant olearances or undergro\ffi.d utility lines, i.e. lighting, gas, electrieal, water, sewer, eto. (b) Secondary Mall Tree Gleditsia triacanthos "Skyline", Honey Locust; size: 48" box @ 30' 0" on center in f-ormal FeW:- ( c) Screen Tree Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 24" box @ not less than 12' 0" on center spaoing informal arrangement. (d) Front yard Tree Bauhinia variegata, Purple Orchard Tree; size: 24" box @ 12' 0" on center diagonal spacing. (e) Garage Vent Screening (a dense vertical hedge screeaing and buff-ering garage vents from the publio): Syzgimn paniculatum, Bush Cherry, size: 15 gal. @ IS' 0" on eooter planted in a formal hedge row. (0 Groundco';er myaporum parvafolium drought tolerant variety, flats @ l' on center spacing, triangular spacing. (g) Turf Types Marathon II, Fesoue blend sodded; shall be consistent throughout pro-j eot. 3. Ov;eas Drive and Lawson Way Intersection. Suggested minimum element of this streetscape are as f-ollows: 36 758-337 (a) Street Tree Plataoos acerfolia, LondoR Plane Tree; size: 2 1" box @ 35' 0" on oenter spaoing in a formal rO'N. (b) Secondary Tree Sohinus molls, California PCflper; size: 21" box @ 20' 0" to 10' 0" on oenter inf-ormal spaoing. (c) Shrub Types Bougainyillea 'Raspberry Ioe', size. 5 gal. informal spacing. Ceanothus' ,Julia Phelps', size: 5 gal., informal spacing. Myoporum 'Paoificum', size: 5 gal., informal spacing. (d) Turf: Marathon Fescl:le II Fescue blend sodded 1. Lawson \Va'{. Suggested minimum elements of the streetscape are as follows: (a) Street Tree Melaleuca leucodendron quinquenervia, CajCflut Tree; size: 24" box @ 30' 0" OR oenter, planted in a formal row, (b) Front Yard Tree Bal:lhinia yariegata, Purple Orchard Tree; size: 24" box @ 12' 0" on cooter diagonal spacing. (c) Residential.L\.rri'/al Court Lagerstroemia indioa (multi stem), Crape Myrtle; size: 24" box @ 15' 0" triangular spacing, informal. (d) Turf Types Marathon II, Fescue blend sodded. Shall be consistent throughout proj oct. B. Main Street .And Owens Dri'/e Planted Medians. 1. Main Street. (a) Street Tree Pinus canariensis, Canary Island Pine, size: 24" box @ 35' 0" on conter spaoing. (b) Turf Types Marathon F escuo II, sodded, with berm shall be consistent throughout proj ect. 2. Owens Drive. (1) Street Tree Platanus Acerf-olia, London Plane Tree, size: 24" box number spacing and arrangement as specified, 37 758-338 (2) Turf Types Marathon Fescue II, sodded. Tarfblood to match with existing turf. C. Residential Areas. 1. Recreation Areas. (a) Trees Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 21" 60": box, 15' A" to 20' a", informal spacmg. Brachychiton populneus, size: 21" 60" box, 15' A" to 25' 0", informal spacing. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. (b) .^..ccent Trees Archontophoeflix c)'llilinghamiana, King Palm; size: 20' a", brown trunk, 12' A" to 20' a", inf-ormal spacmg. 'tV ashingtonia filifera, California Fan Palm, size: 20' a", brown trunk, 12' A" to 20' a", inf{)rmal spacmg. (c) Barbecue kiosk/recreation building 20'x20' square. (d) Pool and Spa 25'x50' pool and 10' diameter spa. Formal character . 2. Interior Common Open Space. (a) Interior Vlalk Tree (i) Tristania conferta, Brisbane Box; size: 36" box, 25' A" on center spacing; (ii) Heteromeles arbutifolis, size: 36" box, 25' A" on center spacing. (b) Turf Types Marathon Fescue II, Fescue blend seeded. Shall be eOflsistent throughout proj ect. (c) Vine Pockets all three story wall, hebertia scandens or antigaon leptopus, 15 gal., IS' A" on center. 38 758-339 (d) Groundco'/ers drought tolerant '/ariety, flats @ 4" on center, triangular spacing. (e) j\ccent Paving At base of building at f1001 areas, path system, auto col:H1:s and arri'/al court. Sa'1; cut concrete with integral color. (f) Stream 'Hater Featl:lfe informal character, linking pool area with hotel f10rte cochere. Ml.dtiple accent planting. (g) Lattice Trash Enclosure (Phase I only) vine covered trellis structure, Bougainvillea 'San Diego Red', 15 gal. @ 15' 0" on center spacing. ')listeria sinensis, Chinese 'Nisteria; size: 15 gal. @ 15' 0" on center spacing. (h) Residential Internal Road Grewia cafra, 15 gaBon, espallier Liriope spicata, 4" pots Heteromeles arbutifolia or lagerstroemia indica, 15 gallon. 3. Private Open Space: (a) Patio Tree Heteromeles arbutifolis or Rapheolepis Indica tree f-orm cultivar, size: 21" box, iRf-orma-l spaciRg. D. ConCOl.H'se Dri'/e. 1. Street Tree \Vashington filifera, California Fan Palm; size: 25' 0", broy.1.1 trunk @ 30' 0" on center spacing, planted in a f-ormal arrangement. 2. Ornamental Street Lighting size. 20' 0" high @ 30' 0" triangl:l.lar spacing .vith plan trees. 3. Ornamental Pots planted with annual color. Pot to match size furnishing selection. Flats @ 1" OR cemer spacing. 4. Garage Vent Screening (a dense '/ertical hedge screening and buffering underground garage vents from the public): Syzygium paniculatum, Bush Cherry, size: 15 gal. @ 3' 0" on center, f1lanted in a formal hedge row. 39 758-340 5. Aecent Pa',ing through interior street. Saw eut concrete, with integral color. E. Pedestrian Oriented Public Plaza. 1. Formal arrangement in tree grates. Palm Bosquet V/ashingtonia filifera, California Fan Palms, size: 25' 0", brown trunk, 20' 0" on center spaeing. 2. Central Fol:lfltain formal cireular ,,<,ater feature with vertical spray jet&; 3. .^"ccent Paving saw cut concrete, integral color, throughout forecou-rt area, exclusive of public rights of way or required easements. F. Hotel Entry Court. 1. Street Tree '.Vashingto1'lia filifera, California Fan Palms, size: 25' 0", brown trunk, 35' 0, on center, planted in formal arrangements in tree grates. 2. Entry Dri',e Tree Jacaranda mimosif-alia, Jacaranda; size: 60' box planted in f-armal arrangement. 3. Ornamental Pots planted with annnal color. 4. Turf Types Marathon II, Fescue blend sodded; shall be consistent throughout proj ect. 5. Accent Paying throughout saw cut concrete, integral color. G. Parking Structure Screen. Landscaping shall be used to soften '<,isual impact of all parking stmctures. The use of vines is encouraged. 1. Screen Trees: (a) Eucalyptus Citriodora, lemon scented gum, size: 36" box, 15' 0" on center spacing, informal spacing. (b) Podocarpus macrophyllus, Yew Pine, size: 36" box, 15' 0" on center spacing, f-annal arrangement in a rmv. 40 758-341 2. Screen shrubs at groundplaRe. Syzygil:1fll paniculatl:Hll, Bush Cherry; size: 15 gal. @ IS' 0" on center spacing. 3. Ornamental groundcovers, Drought tolerant groundcovers, flats 4 " on center, triangulai" spacing. 4. Vines: Suggested types: Parthenoeisns Tricuspidata, size: 15 gal. @ IS' 0" on center spacing; Bouganvilla species, size: 15 gal. @ 15'0" on eoo.ter spacing; HeMS Pumila, size: 15 gal. @ 15'0" on center spacing; Antigonon Ceptopus, 15 gal at 15 ft. O.c.. ~ Temporary Landscape Adiacent To Undeveloped Parcels. Areas of the site not developed in the initial phase shall be developed as surface parking and shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setback Areas - Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas - Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-112) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm - Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordance with the City's commercial development standards. Turf areas shall not exceed four to one slope. 4. Canopy Trees - Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. 5. Turf Types - Shall be consistent throughout project (Marathon II) 6. Shrubs - Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features - Will accent undeveloped parcels, prior to project buildout. lit General Notes. 41 758-342 1. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 2. Textured concrete paving in the short term parking will be sealed f-or ease of maintenance and protection from vehiele oil leaks. 3, Planter areas in the slab over underground parking will be sealed for water proofing with asphalt coating and a liner. 14 No use of Queen Palms for the project interior areas. ~. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 6. Vine poekets and/or fenestratioN shall be provided at all tm-ee story walls of single family attached housing to minimize the blank garage walls. 1+. All landscaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick coupler adjacent to all trash enclosures shall be provided. 1&. On site trees will be spaced in coordination with required existing parkway trees. 19. The development will provide double-staking for all newly planted trees (on and off site). 1M. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 11-+. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air conditioning units, etc. ~. Phasing of landscape implementation shall be compatible with the construction schedule for the entire project, as per the approved site plan. 42 758-343 ~. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. BM. A xeriphytic landscaping materials and irrigation design shall be used for this project. In addition, the plant palette shall mirror that of Santiago Park, where the park is adjacent to the project. 43 758-344 PART VI. SIGNAGE A. Intent. Every sign in the Main Street ConeolHse _project will be part of a planned sign program which will be submitted for IPlanning departmoot _ review and approval in accordance with the criteria set forth in this Plan and _ Divisions 3 and 4 of Ordinance No. NS 2116 (Sections 41 ggO thiough 41 894 of the Code adopted March 18, 1991). The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the Main Street ConcolHse _ Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The Main Street Concourse _ project is envisioned as a superior quality urban-style mixed-use complex, .architecturally spectacular ffiH commercially restrained. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter of the project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the Concourse, be compatible with the kind of exciting dynamic environment which is intended to be created. For the purposes of this Plan, the "interior" ofthe Main Street ConcolHse project is depicted on Exhibit B attached hereto, and incorporated herein. B. Sign Message Categories. The project sign program shall address the following categories of information: . Project and major facilities identification at site entries . Tenant identification signage . Regulatory vehicular signage . Directional vehicular signage . Street identification . Informational pedestrian signage . Directional pedestrian signage . Building identification signage . Site directories and orientation maps . Service signage . Parking level and area identification signage . Visitor directional and informational sign age . Building address signage . Building/site directories 44 758-345 . Ele'iator identification and fire/lif-e safety . Office tenant identification signage . Typical door identification signage . Restroom and telephone identification signage . Operation information signage . Electronic cinema marquee . Loading dock information . Loading dock numbers . Bus and taxi identification . Bus and taxi loading and ooloading information . Construction barricade . Fixed Guideway signage (future) C. Physical Sign Types. Physical classification of project signage will be by the following categories: 1. Freestanding signs. 2. Wall/canopy signs. 3. Projecting signs. 4. Marquee signs _. 5. Under canopy/window/hanging signs. 6. Major building identification. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. 1. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are acceptable only within the interior of the project. Such signage could be used with respect to the theatre, health chm, or restaurants. Such signs shall not be visible from the perimeter public right-of-way or the residential development in the project. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior of the Main Street Concourse _project, provided they are consistent with the overall design of the signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 45 758-346 4, The sign program shall acknowledge approval of carefully worded parking garage signage and on-site circulation directional signage for Phase I and Phase II per the EIR and the Ampco parking study. E. 1. Freestanding Signs a. Exterior to the Proiect. The project may incorporate a maximum of seyen freestanding double faced signs which are '/isible from the exterior of the project, with five signs haying a maximum sign face of 60 square feet and a maximum height of 15 feet. There may be a total of two freestanding signs measuring no more than 30 feet high v;ith a 120 square f-oot faee 'lIhieh are '/isible from the exterior of the project. A free standing sign for each related address, such that the proj eet address shall be located on a sign which can be easily seen from the street. Such freestanding signs need not be placed in planters but may be located along or across a public or private street. b. Interior to the Proiect. 1. 'Within the interior of the proj ect, there may be six freestanding signs. Such signs may be f-or indiyidual tenaFlts, project identification or directions. Interior freestanding signs shall not exceed 7 feet high and 45 sq. ft. maximum sign area. Signs located in the interior shaH only be oriented for viewing from the interior. 2. Wall/Canopy Signs. a. 'Nall signs interior to the project may be placed higher than the seeond floor on an area ....,here there are three stories of retail and the third story of retail spaee has a separate third floor access. .. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. Signs ....;ithin the interior of the 46 758-347 proj ect which use mirrors reflecting a direct light source or utilize flashing, blinking or sequence lights may be used pro'/ided they do not visually predominate from the exterior of the project so as to create a safety hazard, or so as to adversely affect adjacent land uses. 3. Projecting Signs. a. Within the interior portions of the project, such as along the Concourse, one projecting sign per pedestrian level tenant may be provided. b. The project may provide any number of such signs with mixed types so long as the style of the signs area aesthetically compatible. Projecting signs shall be located no closer than 15 feet from one another. Projecting signs may be located on all stories of retail uses in the project. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. d. External to the project there may be one major projecting entranee sign f-or each side of a pedestrian or yehicular entrance. Each such projecting entrance sign may not exceed 21 f-eet in '/ertical dimension. 4. Marquee Signs. The . may have a major marquee sign at the cineplex entrance. The marquee sign may be large enough to accommodate the informational requirements of the uses being identified, and may employ changeable copy _ _. 5. Signs Under Canopies And Marquees. The area of any si 24 square feet . Such signs shall meet all minimum Building Code height clearances. 6. Major Building Identification Signs. Major building identification signs need not be located at the top story of a building, but should be limited to the top five stories. With respect to letter height, for structures Vii thin the MaiN Street Concourse Plan area with fifteen or more floors, the letters used for 47 758-348 major building identification signs will be calculated at 4 inches per floor over 18 floors plus a base allo:wance of 12 inches. Thus, for the planned 32 story office structm-e, the height of the letter permitted will be approximately 140 inches. Signs shall not exceed 40% of the width of the signable area. Major building identification signs shall not be permitted on residential buildings. There shall be a maximmn of one sign per elevation and four signs per building maximum. ~ Temporary Identification Signs. a. _ Sale or Lease Sign: One sign per street not to exceed eighty (80) square feet in area advertising the sale, lease, or hire of the site will be allowed. The sign may be illuminated. The sign may not exceed 16 feet in height. b. _ Construction SigI'l: One sign not to exceed eighty (80) square feet in area denoting the architects, engineers, contractor, brokers, designers and other related subjects will be allowed at COIIHRencement of construction. Said sign will be remoyed within thirty (30) days after issuance of an occupancy permit f-or the building. The sign may be illuminated. The sign shall not exceed 20 feet in height. c. _ Temporary F1:ltm-e Tenant Sign: One sign allowing the identification of futm-e tenants will be allowed. Such signs shall not exceed tv/ent)' (20) square feet in area. 1& Submission Of Main Street Concourse _ Plan Signing Design Program. Project applicant shall submit a planned ro'ect sign program for review by the Planning Department in accordance with the standard I1lanning department procedures and this Plan. The following Code proyisions haye been identified as being incompatible with the overall goals and objectives of the Main Street Concourse Plan and therefore these Code sections shall not be applicable to the sign program for the Main Street Concom-se. The relevant Code sections are: *Section 41 860(a) (3) (prohibits moving signs); 41 861(2) (prohibits flags and banners); 41 862(a)(1) (limits size of freestanding signs); 48 758-349 41 862(b)(2) (signage must be in a planter); 41 862(b) (4) (limits signs near residential uses); 41 862(b)(5) (spacing limits on freestanding signs); 41 862(c) (2) (height limits); 41 862( c) (3) (limits site to one freestanding sign); *41 862(d)( 4) (no mirrors or flashing, blinking, sequenced lights); 41 862(d)(5) (limits location of project address); *41 863(d)(1) (4) (limits on location of wall or canopy signs); 41 863(e) (1) (all sigI'ls consistent in shape, type and materials); 41 863(e) (4) (no mirrors or flashing, blinking or sequenced lights); 41 864(a) (limit projecting signs); 41 864(b) (2) (no projecting sign may be v;ithin 50 feet of another); 41 864(b) (3) (no projecting sign higher than ground level); 41 864(c) (2) (face ofprojecting sign shall not exceed 25 sq. ft.); 41 864(c) (4) (face ofprojecting sign must be less than 4 feet from walBt 41 864(c) (5) (face of projecting sign must be less than 7 ';ertical feetf,- 41 864(d) (1) (sign copy ma)' not exceed 50% of sign face); *41 864(d) (3) (no blinking, flashing, unshielded or sequenced lights); 41 865(b) (limits on sign face and copy area of marquee signs); 41 865(c) (limits on dimensions f-or marquee signs); 41 866(d) (limits signs under canopy or marquee to 4 sq. ft.); 41 866( e) (limits letters on signs l:Hlder canopy or marquee to 8 inches); 41 867(d) (requires building identification signs to be on top story); 41 867(e) (letter height limits f-or building identification signs); 41 868(a) (3) (sign face limits f-or residential identification signs); 41 868(a) (4) (height for residential identification sign cannot exceed 6 feet); 41 868(a) (5) (width for residential identification sign cannot exceed 8 feet); 41 868(b) (limits on directory type signs); *41 872(a) (limits on directional signs); and 41 872(e) (limits on construction signs). }J1 "*" denotes regulations which are applicable only to the exterior of the proj ect. 49 758-350 PART VII. LIGHTING Street lighting can be used to help unify the Main Street Concourse _ and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design concept are encouraged. Street lighting and parking lot parking contribute to the safety and security of the project. Unique lighting fixtures may provide easy identification of the project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior of the project. Lighting shall not interfere with vehicular traffic. A. Street Lighting/Exterior To The Proiect. (Public Right-of-Way) 1. All street lighting along Main Street, Owens _ and Lawson shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifications as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to create unity along the project perimeter, in accordance with the City's commercial development standards. B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive. 1. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic uplighting or wall shadow effects with plant materials encouraged. 3. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area ofthe project. 4. The use of neon and other specialized lighting effects that would reinforce the attractiveness of the project to pedestrian traffic and incorporate the design theme of the project may be used. 5. The use of white or clear string lighting in trees around outdoor pedestrian areas may be used. 50 758-351 6. Washing large wall areas with light to create shadows from landscape materials may be used. 7. Lighting along the Concourse Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. 1. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commercial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sources. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effects. 5. Lighting shall not cast any glare onto adjacent lots and streets outside the perimeters of the Main Street Concourse _ project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Architectural lighting should be used to articulate the particular building design. D. Re uired Minimum Maintained Illuminance Levels Classification Minimum Maintained Horiz. F.C. at GrOl:lfld :Min. }.. vg. Vert, F.C. \Valkways Adj acent to Roadways 1.0 F.e. 2.2 F.C. @ 51 758-352 Intermediate i\reas Residential Areas \Valkways Distant to Roadv/ays Open Facility (Parking Lot) Covered Facility (Parking Structure) Ramp and Corners Entrance Areas 0.6F.C. 1.0 F.C. 1.0 F.e. 1.0 F.e. 4:1 5.0F.e. (daytime) (sum of electric + daylight) 4: 1 5.0F.e. (nighttime) 10.0 F.C. (daytime) 50.0 F.e. ( daytime) 52 758-353 &-feet 1.1 F.C. @ 5 feet 0.5 F.e. @ 8 feet 0.5 F.e. 1. The minimum to average uniformity ratio of illuminance levels on non residential pathways should not exceed 5: 1. In residootial areas, a ratio of 10: 1 is acceptable. 2. f..ll enclosed corridors shall be illuminated to a minimmn ORe (1) footcandle of light. 3. Lighting designs for each phase of development including Photometric footcandle calculations of aU parking lots and v/alkways shall be reyiewed by the Police Department of the City of Santa }.na f-or consistency '.yith this Plan. 4. The use of low pressm-e sodium as a lighting source is prohibited. 53 758-354 PART VIII. OPERATIONAL STANDARDS 1. Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program of the certified final Environmental Impact Report for this project. 3. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following studltes _ reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan Security plan Shared parking analysis Parking operations plan 5. All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. In addition, funding for private cart pick up of trash from the indiyidual townhouses to a central point shall be established prior to building occupancy. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic lanes, parking management, >ralet and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse.fe.w: .car garage that will disrupt the ability to park resident and guest vehicles in all four __spaces. 10. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 54 758-355 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 12. The proposed non residential parking requirement relief shall not be greater than proportional to phase size no more than a 20% maximum reduction and subject to conditions of a parking reduction variance. Prior to Phase II, the parking requirement may be reexamined at the deyelopers option. The parking requirement as determined through a parking demand study of occupied Phase I, may be readjust (up or dovm) by the Planning Commission as a condition of Phase II building permit. 55 758-356 P}~T IX.. CONCEPTU}.I.L PLAN APPROVAL The city hereby approves these certain conceptual site plans for :Main Street Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's Site Plan Review process and illustrated on Exhibit C 1 and C 2 attached hereto (hereinafter the "Conceptual Plan"). Approval(s) of non material amendments or modifications to the Conceptual Plan or any final Plans approved by the City may be made by the City of Santa .^.na Directors of Public V/orks and Planning. The Owner shall have the right to appeal any ad','erse decision, first to the Planning Commission and then, if necessary, to the city Council. }~ "non material" change shall be a minor site plan alteration in harmony '.'lith this Plan and any de'/elopment agreement v/hich may then affect the property. The Conceptual Plan assumes the eventual acquisition by the developer of the :Main Street Concourse projeet of the Polly's Pie site at the comer of Main and O'Nens. Consequently: No building permit shall issue for any development of the subject property until one of the f-ollowing conditions has been satisfied: (1) The de'/eloper of the Main Street Concourse Project shall have acquired the Polly's Pies site. (2) The deyeloper ofthe Main Street Concom-se Project shall have entered into an agreement with the Community Redeyelopment .'\gency of the City of Santa i\na whereby the de'{eloper agrees to purchase the Polly's Pies site from the Redevelopment }..gency if it is acquired by the Redevelopmoot Agency, and the Redevelopment AgOflCY either shall haye acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. (3) The developer of the Main Street Concourse Proje0t shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentati'/e subdivision map which does not include the Polly's Pies site, and (b) a development plan for the Main Street Concourse Project, in accordance with the zoning regulations applicable to the SD district, which assumes the non acquisition of the Polly's Pies site by the de'leloper. fJl Phase II improvements shall be submitted to Site Plan Review and the Planning Commission for revie',v and approval in conf-ormance with this Specific Development and any Development Agreement, tract map conditions, conditional use permit or variance applicable to this site. 56 758-357 All material amendments or modifications to the conceptual plan shall be reviewed and appro'/ed by the Planning Commission. 57 758-358 KG - 2/1/05 RESOLUTION NO. 2005-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-28 AS CONDITIONED, VESTING TENTATIVE TRACT MAP NO. 2004-07 AS CONDITIONED AND SITE PLAN REVIEW NO. 2004-05 FOR THE PROPERTY LOCATED AT 2775 NORTH MAIN STREET (COUNTY MAP NO. 16565) 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. Applicant is requesting approval of various entitlements in order to construct the City Place Development, a mixed use project consisting of 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); 73 for-sale, live-work lofts and 168 for-sale townhouses, for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On October 25, 2004, the Planning Commission held a duly noticed public hearing, and voted to continue the matter to December 13, 2004. C. On December 13, 2004 the Planning Commission voted by a vote of 6: 1 (Sinclair opposed) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt a resolution approving Development Agreement No. 2004- 04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. D. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place Development on February 7,2005, and at that time considered all testimony, written and oral. 758-359 Resolution No. 2005-XXX Page 1 of 3 E. Vesting Tentative Tract Map No. 2004-07 seeks to subdivide the land and future residential condominiums. The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2004-06 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2004-06 is in keeping with the provisions of the site plan review (Development Project No. 2003-48) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2004-06. 3. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 17.7 acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, allowing adequate frontage for each parcel. The site and parcels have been determined to be capable of supporting the type and density of the proposed project. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at 758-360 Resolution No. 2005-XXX Page 2 of 3 reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development is for mixed-use development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. 6. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2004-06 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. F. Applicant is seeking Conditional Use Permit No. 2004-28 to allow the live- work component of the project. Santa Ana Municipal Code Section 41- 638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of 73 live-work studios will provide a residential living with opportunity to commercial businesses. The unique provision of space that can be utilized for dual purposes within a single unit provides a component integral to the mixed-use nature of the City Place project and the zoning goals. The injection of living and working space will provide a lifestyle that has proven successful throughout urban areas within the United States. A live-work project will add to the vibrant dynamics of a mixed-use project, increasing activity within the District Center designation of the General Plan. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? 758-361 Resolution No. 2005-XXX Page 3 of 3 The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a large vacant portion of north Main Street will assist in promoting the economic viability and enhance the livability for this area. 3. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The live-work studios are a suitable and appropriate use within the mixed-use project and the District Center setting. The addition of live-work studio space should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses. 4. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2004-06, the proposed project will be in compliance with all applicable regulations and conditions imposed on live-work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The live-work community is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. A live-work community will assist to further the goals of the District Center designation of the General Plan. 758-362 Resolution No. 2005-XXX Page 4 of 3 G. Applicant is requesting approval of Site Plan Review No. 2004-05. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. H. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Vesting Tentative Tract Map No. 2004-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-28 as conditioned in Exhibit "B" attached hereto and incorporated herein. Section 4. City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2004-05. Section 5. In case of any dispute between the terms or effect of Vesting Tentative Tract Map No. 2004-06 and the terms or effect of Development Agreement No. 2004-01, the Development Agreement shall prevail. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Odette Assistant City Attorney AYES: Council members NOES: Councilmembers 758-363 Resolution No. 2005-XXX Page 5 of 3 ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-017 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-364 Resolution No. 2005-XXX Page 6 of 3 Conditions for Approval for Vestina Tentative Tract Map No. 2004-06 Vesting Tentative Tract Map No. 2004-06 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 3. A final map must be approved and recorded prior to issuance of building permits. 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. EXHIBIT "A" Page 1 of 4 758-365 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. 7. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by Planning during the plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 3), plazas, drive aisles, pedestrian walkways and common area amenities for the project, shall be completely installed prior to the issuance of a certificate of occupancy for the project phase that includes the open space. 10. Pedestrian walkways shall be provided through all lots to establish pedestrian connectivity throughout the project site as shown on the Plan (Exhibit 3). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles shall be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. EXHIBIT "A" Page 2 of 4 758-366 14. The courtyards in the residential development sites shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees, plant material and water features. 15. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 16. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. 17. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 18. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 19. The courtyard improvements in the residential component shall be completely installed prior to the issuance of any certificate of occupancy within the project phase that includes this portion of the parcel. 20. An open space area measuring a minimum of 70 feet in any direction and containing a minimum of .34 acres of land shall be located near the center of the residential project site and within Lot 2. The open space shall include informal modern outdoor furniture and seating areas, and landscape trees and material. 21. All garages shall provide insulated garage doors with automatic opener and transmitter. 22. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. 23. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 24. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. 25. Units designed to accommodate stacked washers and dryers shall provide such appliances. EXHIBIT "A" Page 3 of 4 758-367 26. Require a crosswalk and associated traffic signal at Crescent and Memory Lane leading towards Santiago Park. EXHIBIT "A" Page 4 of4 758-368 Conditions for Approval for Conditional Use Permit No. 2004-28 Conditional Use Permit No. 2004-28 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. 5. The project shall be constructed in compliance with Santa Ana Municipal Code Chapters 8 and 41 pertaining to live-work units. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. EXHIBIT "B" Page 1 of 3 758-369 7. The project's units shall include two-car garages with seven of the residential units utilizing two, one car garage spaces per unit (one space of which is not attached) and work studio space on the first floor and living space on the second and third levels. 8. At minimum, seven of the lofts shall be designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. 9. Interior floor to ceiling heights will be a minimum of ten feet on the first floor and a minimum of nine feet on the second and third floor respectively. 10. The residential component of each live/workshop/studio unit shall meet the following standards: a. It shall have a space of at least 1,158 square feet of residential living area. b. It shall have access to separate bathroom facilities including a water closet, a washbasin, and a bathtub or shower. c. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least 30 inches in front. d. It shall comply with all Housing Code requirements as modified by Section 8-2700 of the Santa Ana Municipal Code. 11. Prohibit all first levels from any encroachment for use as bedroom space. 12. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. EXHIBIT "B" Page 2 of 3 758-370 e. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. f. The use of professional management to ensure a quality operation and maintenance. 13. CC&R's shall include occupancy standards similar to the Olson live/work project. 14. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 15. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 16. All garages shall provide insulated garage doors with automatic opener and transmitter. 17. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 18. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. 19. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 20. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. 22. Units designed to accommodate stacked washers and dryers shall provide such appliances. EXHIBIT "B" Page 3 of 3 758-371 ORDINANCE NO. NS-2677 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, llC THE CITY COUNCil OF THE CITY OF SANTA ANA ORDAINS AS FOllOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on December 13, 2004, recommended approval of this Development Agreement. E. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of City Place to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on February 7,2005, approved a Environmental Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, written findings and a statement of overriding considerations and the Council adopts this ordinance based upon said EIR, plan, findings and statement of overriding considerations. SECTION 2: The Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby Ordinance No. NS- Page 1 758-372 authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. In case of any dispute between the terms or effect of Tentative Tract Map No. 2004-06 and the terms or effect of the Development Agreement, the Development Agreement shall prevail. SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS-2676, Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If said ordinance and resolutions are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS- Page 2 758-373 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2677 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 758-374 RECORDING REQUESTED BY AND WHEN RECORDED MAlL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE S 6103 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: February 1,2005 758-375 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company ("Owner" or "Property Owner"). facts: I. RECITALS. This Agreement is entered into with reference to the following 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office ofthe County of Orange (the "Original Agreement"). (1) The purpose ofthe Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SD-59 (SO-59), Vesting Tentative Map No. 14408 and EIR No. 93-_. (2) Orient's interest was subsequently acquired by Owner, who has applied to the City for approvals of a modified project, including an amendment to SD-59 and a new vesting tentative map. (3) The City and Owner agree that the changes Owner seeks in the Original Agreement substantiate the need to amend and restate the Original Agreement. 1.2 Code Authorization. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and Owner in the development process. The City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) the time of development. This Agreement is intended to assure adequate public facilities at (2) This Agreement is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS-_. 1 758-376 (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process:, as further provided in this Agreement. (5) This Agreement will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property is approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is vacant: 1.3 Approval of Owner. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On October 25, 2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. This public hearing was duly held, all public testimony was attended to, and consideration of this matter continued by the Planning Commission to its regular meeting of December 13,2004, on which date the Planning Commission recommended to the City Council of the City that it execute this Agreement. On February 7, 2005, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. No. thereafter. 1.6 City Ordinance. On February 22, 2005, the Council adopted Ordinance approving this Agreement. The ordinance becomes effective thirty (30) days 2 758-377 2. DEFINmONS. In the Agreement, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Map" means Tentative Tract Map No.2004-06 , approved concurrently with this Agreement. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Property, and includes Main Street Concourse, LLC's successors in interest. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in SD-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental Impact Report No. 2004-01, and Site Plan Review No. 2004-05. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required by this Agreement, and is subject to refinement at the time of installation, by Agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Referred to De!';ignation De!';cription in Section A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Public Art Locational Plan 2.5 D Phasing Plan 5.1.1 E Remaining Offsite Mitigation Measures 5.1.2 F Residential High Rise Tower Study Area 5.4 3 758-378 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This Agreement amends, restates and supersedes the Original Agreement in its entirety. 4.2 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this Agreement until Property Owner has fully perfonned its obligations arising out of the Agreement. 4.3 Effective Date; Duration of Agreement. The "Effective Date" of this Development Agreement shall be the date that the City Council ordinance adopting this Development Agreement becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-_ (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures or unless its effective date is stayed by order of a court with jurisdiction. The remaining tenn of this Agreement shall extend for the same period as specified in the Original Agreement, unless this Agreement is earlier tenninated or its tenn modified by further agreement fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building penn it, beyond local requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall remain in full force and effect. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the tenn of the Map, including any lot line adjustment or merger of lots (or any other tentative map filed subsequent to the Effective Date of this Agreement), shall not expire during the term ofthis Development Agreement remains in effect. (c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original or any modified term, the Property is in the process of being developed, the term of this Development Agreement shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified tenn. (d) The expiration of this Development Agreement shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this Development Agreement, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law. (e) Upon the expiration or tennination of this Development Agreement for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4.4 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the tenn of this Agreement; provided, however, that except as provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not 4 758-379 be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment ofthe rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for ownership, investment, use or development by them in accordance with the provisions of this Agreement. 4.4.1 Assignment to Controlled Assignee. Notwithstanding the above, consent shall not be required in connection with a Permitted Transfer (as herein defined) of Property of Owner provided City Council is notified of such Permitted Transfer and furnished with copies of the fully executed instruments effectuating same within fifteen (15) business days after the effective date thereof. For purposes hereof, the capitalized terms used herein shall be defined as follows: (i) "Permitted Transfer" shall mean Transfer of the Property or direct or indirect interests in Owner if, following the transfer (a) the Property remains under the Legal Control (defined below) of Robert H. Bisno, or, upon the death of Robert H. Bisno, his heirs or devisees, or (b) foreclosure pursuant to the provisions of section 8.5 of this Agreement. (ii) "Legal Control" shall mean the power or authority, directly or indirectly through one or more intermediaries, through the ownership of voting securities, by contract or otherwise, to direct the management, activities or policies of such person or entity. (iii) "Transfer" shall mean any change in the direct or indirect members, partners, shareholders or principals in the ownership of an entity or other ownership components of such entity. 4.5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868; provided, however, that as specified in section 5.5.1 of this Agreement the Executive Director may approve one or more minor changes in the Project only to the extent that such changes are not required by State law or the City Municipal Code to be decided by the Zoning Administrator, Planning Commission (or other City Commission) or City Council. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 5 758-380 4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement except as may be provided in Section 6.3(5) of this Agreement. 4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, other than a breach by the City of its obligations hereunder. Property Owner agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any third party claims arising out of this Agreement, or any approval or certification by the City relating to the Project. This hold harmless Agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity ofthis Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason ofthe terms of, or effects arising from this Agreement, The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, excluding fees and costs for special counsel to be selected by the City or other outside counselor consultants, if any, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.8 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.4 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.9 Relationship of the Parties. The contractual relationship between the City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 6 758-381 4.10 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile in the manner provided in this Section, to the following persons: If to the City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 If to Owner, to: Main Street Concourse, LLC c/o Transaction Companies 1800 Century Park East, Suite 450 Los Angeles, CA 90067-1518 Attn: Robert H. Bisno Telefacsimile (310) 277-3787 and, F. Thomas Muller, Esq. O'Melveny & Myers LLP 400 South Hope Street Los Angeles, California 90071 telefacsimile (213) 430-6407 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or 7 758-382 other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use( s), density, height, size of structures and intensity of use of the Property, and provisions for reservation or dedication of land for public purposes and any other exactions or mitigation measures applicable to the Project shall be those rules, regulations, and policies applicable to the Property as of the Effective Date, including those set forth in District Plan No. 59, as amended concurrently herewith. 5.1.1 Phasing of the Project. The City agrees and acknowledges that the Project may be phased by Owner pursuant to the Phasing Plan attached to this Agreement as Exhibit D. 5.1.2. Development of Commercial Component Tied To Development of Hold Back Units. a. Prior to Owner seeking issuance of a building permit for the final 43 residential units in the Project (excluding from this count units within the Residential Tower Study Area (Exhibit F hereto)), or for any residential unit located within the Residential Tower Study Area (Exhibit F hereto) (hereafter collectively referred to as the "Hold Back Units"), Owner shall have first obtained validly issued building permits for one hundred percent (l 00%) of the commercial component ofthe Project. b. Prior to seeking a certificate of occupancy for any of the Hold Back Units, Owner shall have completed all improvements, including site improvements and excluding only tenant improvements, for one hundred percent (100%) of the commercial component of the Project. 5.1.3 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that Owner's predecessor in interest under the Original Agreement, has constructed or caused to be constructed many of the offsite mitigation measures required by the Original Agreement, which mitigation measures were scaled to mitigate impacts from a substantially larger project than Owner's. Therefore, the sole remaining off site mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit E to this Agreement. 8 758-383 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation ("Reserved Powers"): a. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Future, Proposed Residential, High Rise Towers. Without in any way affecting the rights vested pursuant to this Agreement, Owner shall meet and confer in good faith with the City on whether to construct a residential, for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this Agreement, in lieu of the development approved for such area concurrently herewith. The parties hereto acknowledge and agree that the City's discretionary review of any such proposal together with any approvals sought to develop any such tower on the Property shall be deemed to fall within the provisions of section 5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith investigation and consideration the Owner has not concluded by August 1,2005, that a high rise development is feasible, Owner may proceed with development as approved concurrently herewith. No fees, exactions, mitigation measures or dedications shall be required with respect to such area until development commences thereon. 9 758-384 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by this Agreement subsequent to the effective date of this Agreement from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, material changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for discretionary land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing between the parties. 5.5.1 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this Agreement, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification. " 5.6 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development ofthe Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any exactions, project design features, conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Work of Public Art. In consideration for the extraordinary and significant benefits to the City set forth in this Section, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses ofland, density, and intensity of use, Owner shall include within the Project at one or more prime locations visible to the public from currently existing public right-of-way, one or more permanent works of public art (the "Public Art"). The Owner shall design and/or construct the facilities specified below prior to the corresponding triggering event specified in section 5.8.1 below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public Art Locational Plan." 10 758-385 5.8.1 Work of Public Art. Facilitie!': to He Con!':tructed Triggerine Event (F: g l New I J!':e or New Area) Prior to issuance of first Building Permit or four (4) years from the effective date of this Agreement, whichever comes first. 1. Submit Final Design of Public Art. Final design must conform to Public Art Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any building, or five (5) years from the effective date of this Agreement, whichever comes first With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report ofthe progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building permit. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. 5.8.3 Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a l25-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first building permit for the Project. The City agrees to use this fee toward the design and construction of a theater. 5.8.4. Park Requirements. a. Santiago Park Improvements. The Owner shall pay a special Santiago Park fee of $1.64 per square foot of net rentable or salable square feet of development as a condition of issuance of each building permit. The parties acknowledge and agree that this contribution is in addition to any tax or fee or dedication imposed by the City on new residential development. The City shall use said fees for deferred maintenance and capital improvements to Santiago Park. If not used or appropriated within five years after payment, this fee shall be returned to Owner, consistent with the provisions of and exceptions contained within the 11 758-386 California Mitigation Fee Act, Government Code ~ 66000 et seq. This fee shall be offset against the fee owed the City pursuant to section 5.8.4(b) of this Agreement (i.e., the amount in the "In- Lieu Park Fee" required of Owner shall be reduced by an amount equal to the special Santiago Park fee paid by Owner pursuant to this section). b. In-Lieu Park Fee. The Owner shall pay an "in lieu" fee at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34- 204 et seq. of the Santa Ana Municipal Code, as specified in the City's site plan review letter; provided, however that the fee may be increased yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by the annual change in the "Construction Cost Index-Los Angeles," published by Engineering News-Record, or substitute index chosen by the Executive Director should this index is discontinued. The fee shall be paid for each phase, as set forth in section 5.1.1 of this Agreement, prior to issuance of the first building permit for that phase, and shall be utilized by the City in the Quadrant of the City (as set forth in the City's Park A&D Fee program) in which the Project is located, with priority given to Santiago Park. 5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) No more than four residents per live-work unit. (2) All residential and live-work units shall remain owner occupied and shall not allow rental of the entire unit. (3) Use Restriction for Live-Work Units. The live-work project must remain as a live-work community. The work component shall be limited to one of the allowable uses as specified in the Specific Development (SD-59) zoning district. (4) Repair of perimeter walls will be specified in the CC&R's in the event of damage. (5) The CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property zoned and/or devoted to commercial use), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (6) The CC&R's shall reflect that ground floor space in the live-work units shall be restricted to work/retail activities. 12 758-387 (7) The CC&R's shall reflect that balconies may not be used for storage. (8) Terms and Content: 1. CC&R's are to be in effect for 66 years. ii. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 5.9 Responsibility For Costs of Work QfPublic Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 5.10 City to Receive Contract Documents. Owner shall furnish the City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.11 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.12 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property or the implementation or construction of a mitigation measure, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property or this Agreement. 5.13 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. ~ 12101 et seq., Government Code ~ 4450 et seq., and the Unruh Civil Rights Act, Civil Code ~ 51 et seq. ("Governmental Requirements"). 13 758-388 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms ofthis Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Executive Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (1) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this Agreement that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives ofthis Agreement. 7.2 Procedure upon Default. (1) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, 11 written notice of default, in the manner provided in Section 4.10, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of 14 758-389 default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this Agreement in accordance with the procedure adopted by the City. Failure or delay in giving notice of default- shall not constitute a waiver of any default, nor shall it change the time of default. (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (4) Non-performance shall not be excused because of a failure of a third person. (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this Agreement for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation ofthe Agreement; or to obtain any remedies consistent with the purpose ofthe Agreement. Legal actions shall be instituted in the Superior Court of the County 15 758-390 of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this Agreement (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed diligently to obtain possession of the Property (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name 16 758-391 or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result ofa judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new agreement or amend this Agreement with such party, upon the written request therefor by such party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new agreement or amended Agreement shall be substantially the same in form and content to the provisions of this Agreement, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this Agreement. Upon execution and delivery of such new agreement or amended Agreement, the City shall cooperate with the new owner, at the sole expense of said new owner, in taking such action as may be necessary to cancel and discharge this Agreement and to remove Owner named herein from the Property. 17 758-392 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and perfonnance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in fonn and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is pennissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement, including without limitation the Original Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of the City and Owner, in a fonn suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date ofthis Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion ofperfonnance of this Agreement or its revocation or tennination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section I of this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 18 758-393 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions ofthis Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, pursuant to Ordinance No. authorizing such execution, and by Property Owner. Dated this 22nd day of February, 2005. THE CITY OF SANTA ANA By DA VID N. REAM City Manager Approved as to Form: By JOSEPH W. FLETCHER City Attorney 19 758-394 (signatures continued on next page) (signatures continued from previous page) Main Street Concourse LLC, a California limited liability company By: Its Development Manager BDC LLC, a California Ii 20 758-395 CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT fA;;;Q~&{'&{'~~.<X'-C<'~-C<'.:e<><x'.GC<X?:~~.<X'.<X'~~.:<W.:<W.:<W.:<W.<X'.<X'.<X'~.<X'-C<'~~~.,Q<"...c.M'~~~ ~ :::fO~a,"O~: ~6~~ > } ss I I.'.. On f~\) f'rll.l"\ Il 2-oo~ before me,G.nAC.~ L . ~~~/It1Jac 2, L ~,'.':,- ~1 , Date Name and lUte of Officer (e.g., ~ Jane Doe, Notary Pub!' , ~ personally appeared rz..o~--:r t-'- Bi. s tJ t ~ I ;::::, known ro me I I.:.~.. ;Vi~~~~~d to me on the basis of satisfactory ;....: ~~' J'-' .-. - -:..~,.., -C.I~':';:'~J to be the person(s) whose name(s) i~ .11 . .......... -.....--.u subscribed to the within instrument and I' 6) CommIuion.1347701 z acknowledged to me that hefaRe/tAeyfexecuted .1 ~.;. j' Notary Public - California ~ the same in hisfl:l91=itReif authorized ~. I ~ ~ l~ Angeles County f capacity(ies), and that by his/Reritheirf ~ ~ _ _ _ ~~~_~~~ :~~n:~~~~s~po;nt~~~:~r~~:~~:~et~:r~~~~~~(~~ ~ ~ acted, executed the instrument. ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ OPTIONAL ~ ~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ~ ~ fraudulent removal and reattachment of this form to another document. g: ~ Description of Attached Document ~ ~ Title or Type of Document: ~ ~ @ ~ Document Date: Number of Pages: ~ ~ Signer(s) Other Than Named Above: ~ I ~:::I~::) Claimed by Signer ~ ~ 0 Individual TOP:I thumb here ~ ~. : 0 Corporate Officer - Title(s): ~... '. ~1 0 Partner - 0 Limited 0 General lIS ; ~ ~~":.:,-Mact ~ ~ 0 Guardian or Conservator g ~ 0 Other: ~ ~ Signer Is Representing: ~ ~x;x,~~~~~~~~~~~~~~~~~~~~~~~'?R~'<'.~~'<X;.~~~~~~ @1999National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 758-396 07/31/2003 14:39 310-277-0845 RHB TRANSACTION CDS PAGE E:J4 EXBIBIT "A" LEGAL DESCRIPTION AU that certain Land situated in the State of California. County of Orange, City of Santa Ana, described as follows: PARCEL A: The Northerly 1 00.00 feet of that portion of the land allotted to Abel Stearn, as described in the final decree of partition of the Rancho Santiago De Santa Ana, which was entered September 12, 1868 in boole ClB" pago 410 of ludgments of the District Court of the 17C111udici3.l District in and for Los Angeles County, California, descnoed as follows: Commencing at the iI1ter3ectian of the East line of North Main Street, as said East line existed on January 10, 1922, with the South line of Section 31, TOWJIsbip 4 South, Rauge 9 West, San Bernardino Meridian; theoce North on the East line of said Main Stx'eet 150.00 feet; thence Bast parallel to the South line of saW section 145.25 feet; thence South 150.00 feet; thence West 145.25 feet to the point of beginning. EXCEPTING therefrom the Westerly 31.00 feet thereo~ as granted to the City ofSlUltllAna by deed r.ecorded 1une 15, 1970 in book 9316, pa,ge 748 ofOfficiaJ Records ofOmlge County, Califomia. PARCEL B: The Southerly 50.00 feet of that portion of the land allotted to Abel Steam, as described in the final decree of partition of the lWJcbo Santiago De Santa Ana, whicb was entered September J2, 1868 in book "B" page ~1O of 1u.dgmcnts of the District Court of the 1-" Judicial District in and for Los Angeles County, California, described as foUows: Commencing at the intersection of the East line of North Main Stx"eet, as said East line existed on January 10, 1922, with'the South line of Section 31, Township 4 South, Range 9 West, San Bernardino Meridian; thence North on the East line of said Main Street 150.00 feet; thence East parallel to the South line of said section 145.25 feet; thence South 150.00 feet; thence West 145.25 feet eo die point of beginning. PARCEL C: That portion of Section 31, Township 4 South, Range 9 West allotted to Abel Stearn, as described in the final decree of partition of the Raricbo Santiago De Santa Ana, which was entered September 12, IS/Ja in book "B" page 410 of Judgments of the District Court of the 1"'fl' Judicial District in and for Los Angeles CollJilty, California, described 8$ follows: Beginning at the Northwest corner of land formerly of G. W. Vance; lUtlningthel1ce North 10.50 chains (Q the Southwest comer ofJaod fouoerly of J. M. King; thence East 25.23 chains to the Southeast corner of said land of J. M. Kiag; thence South 10 chains to the township line, ll.1ld thence West along the Township line to the point of beginning, and being in the Southwest quarter of Section 31, TOWllship 4 South, Range 9 West, San Bernardino Base and Metidian. EXCEPTING therefrom the East 6 acres. AlSO EXCEPTING therefrom the following: Beginning at the intersection of the East line of North Main Street, with the South line of Section 31, TOWIl3hip 4 South, Range 9 West, San Bernardino Base and Meridian; running thence North on th: East line of North Main Street 15.0.00 feet; thence Ea!t parallel to the South line of said Section 31,145.25 feet; ~ce South 150.00 feet; thence West 145.25 feet to the point of beginning. F:IL.EGAL\FILENUMS\OI 02l\6oc\OrallC ~.doc JUL 31 2003 15:46 758-397 310 277 0846 PAGE. 04 07/31/2003 14:39 3Hl-277-0846 RHB TRAN~A~11UN ~u~ ALSO EXCEPTING a strip of land along the Southerly line of said land as graD!ed tn County of Orange by deed recorded DecetObcr9, 1937, in book 9)5, page 422, records ofOraage County, describlXl as follows: Beginning at the Southwest comtr of that certain property described in deed to J. A. Engel aud Don A. Engel recorded in book 683, page 337 of Official Records of Otange CoWlty, California, Bnd tunning thence from said point of beginning aloug the Northerly city limits of the City of Santa Ana. South 813039' SO" West., a ~dius of 140.30 fee~a radial line from said poiDt in said curve beatS South 290 41' 40" East; thence Northeasterly along said cunre, through a centra] angle of 250 59' 00", 63.63 feet to a line tangent; thence North 860 17' 20" East, along said tangent line, 392.96 teet, more or less, to a point in the West line of the above-mentiowxi property dtsaloed in deed tn I. A. Engel and Dora E~l, which point bears North lG 30' 20" Bast, 33.04 feet :froro the point of beginning; . 'thence South IG 30' 20" WC9t, 33.04 feet along said West line to the point of beginning. PARCELD: That portion of Lot 7 of Tnct No. 721, as shown on a map recorded in boole 22, page 4 of Misce1.laDeous Maps, records of Orange County, California, described as follows: Beginning at a poiot in the Northerly line of said Lot 7 distant thereon South 880 28' West 242.01 feet from the Northeast comer of said Lot 7, and running thence Southwesterly along a curve concav,: Southeasterly and baving a .radius of2S0 feet, a radial Hne through said point ofbeginniDg bearing South 30e 25' FJaSt, a distuJce of 86.39 feet to a point of reverse curve, thence Southwesterly along said curve, concave Northwes1terly and having a radius of 203 feet, a distance of 71.05 feet. more or less, to a point which is 104.99 feet Northeasterly, measured along said curve from the Southeast corner of Lot 6 of said Tract No. 721; tben.ce North 00 4S' East. parallel with (he Easterly line of said Lot 6, 97.95 feet to a point in the Northerly line of said Lot 7 which is distant thereon Nonh 880 28' East 100.08 from the North.eut comer of said Lot 6; thence North 880 28' East along said Northerly line 118.40 feet to the point of beginning. PARCEL E: Lot 5 of Tract No. 721, as shown on a map recorded in book. 22, page 4 ofMiscelbneou9 Maps., records of Orange County, California. PARCEL F: That portion. of loIS 1,3 and 4 in Block A of tract No. 315 as shown on a map recorded in boole 14, page 49 of Miscellaocou4 Maps ofsaid County, together with th~po.uOa.ofLo1s 1.2,3.4,6 and 7 ofTnctNo. 72J as shown on a map .recorded in book 22, page 4 ofMiscc1laneous Maps of said County,said portions lying Northerly of the following described line: Begimring at a point in the Southerly line of Lot 2, Block A of said Tract No. 31 S, dist:mt South 890 27' 02" East, 66.00 feet from the centerline ofMaiJl S1reet~ theuce North )0 OS' IS" East 71.00 feet to a line distant 71.00 feet Northerly from and ~ at right angles to said South line; thence paraDeI with the South lie of said Lots South 89021' 02" East, 274.27 feet ttI the beginning ora tangent curve concave Northerly haviog a radiw of 933.00 feet; thence Easterly along said curve through a central angle of 60 30' 13" an art length of 105.90 feet to a point of reverse curve concave Somberly, having a radius of 60.00 feet; thence Easterly along sllid curve through a central angle of 13056' 16" an arc length of 14.60 fee~ thence tangent to said curve South 820 DO' 59" East, 33.91 feet to the beginning of a tangent eu.rve concave Northerly, having a tBdiw of 42.00 feet; thenC': Easterly along said CUlVe through 8 central angle of J 70 35' 00" an arc length of 12.89 feet to a point of compound', curve, concave Northerly, baving a ",dius of 946.00 feet; thence ~terly along said CU(Ve through a central angle (~f 1041' 47", an arc lengdl of29.66 feet; thence North 230 48' 48'" East. 27.78 fcet;thence North 74026' 48" East, 51.73 feet; thence South 680 14' 13" East, 21.12 feet tn the beginning of a curve concave northerly having a radius of93S.00feet; thence Ea.~terly along said curve through a central angle of I G 43' 35" an arc length of28.17 feet; thence tangent to said curve Nonh 71038' 39" East, 13.06 feet to the North line of said Lot 7, Tract No. 721; thence along said North line North 880 48' 12" East, 158.23 feet to the North line of Owe os Drive as shown on map ofr~ord o:fsurvey filed in Record of F:\LEQ A1.\PILENUMSIOI 02IIdOC:\Onlnt Dccd.doc JUL 31 2003 15:47 758-398 310 277 0846 PAGE. 05 07/31/2003 14:39 310-277 -0845 RHB TRANSACTION CDS PAGE 05 Surveys, book 10, page 21, l1lOOms of'said CoUllty being a poiDt in a curve concave Southeasterly haviQi a radius of 250.00 feet; said 1i:ne sball be exrended Westerly, to intersect the West line of said Lot l. EXCEPTING therefron:a tbat portion of said Lot I in Block A of Tract No. 315 lying Westerly of a line paralIel with and 66.00 feet East of the centerline of Main Street as &bown 00 said map of Tract No. J IS. ALSO EXCEPTING therefrom that portion of said Lot 1 in Block A of Tract No. 315 enclosed within a ~ shaped area bounded Westerly by the South 25.00 1i:et of said line 66.00 feet Eht of Main Street centerlinej boUDded Southerly by the West 25.00 feet of the liDe first above described having . bearing and distance of South 89" 27' 02" East, 274.27 feet; and bounded Northeasterly by a straight line connecting the North and Bast and points . of said bouodaty lines. F :\U!GAl. \F'1U!Nt.lMS\o I 021 ldoc:\Gnml tll!ed. doe JUL 31 2003 15:47 758-399 310 277 0846 PAGE. 06 f..IUII ~ c..... Il. (.,... un.., IIU."," BLDG. 'B' 7,900 S.F. ~ .'u '.'.".1.. A :~ lltAl'" ...u I . . I - r- ~ c. I~ ~ - l' ~' _I ~I'~~"~, / :::::~~~.. ..A.....~\~~.ul (JI':~:'.~~~:::'~:: \ ....1 ,., (fI.e. .AJ." "I = ~.~1(Q)11111111@1111 1C0~ U R:>. ( " W:::"~'C~~"~ -".~ ..~~........, 'H . ' -~:."::' $i' - I; . r~. . " ~~ ,.-... r"'T '<: C::J _ ' ',,0 _ I '-- . bXl Jl T11 r11..~'Q I rrr1 ~ ^' . "". 't::: - ~ '\ I ~ ~~ -" ~r:::::fI'. J.....,e' .:=.~ ~:'~~~:A:t:,....:-:..tcA..u ~ ~\ j!: BLDG. "A' ~\~ ~ a~. ~.--:-- ~...~: . 7.900S.F. ." I. ~__ ~ ,..."...~ .......,. _~- ~ I u.... ...Jo'I",I....) ..e.. .u.~~.. - . l/1. .... '"W. ~~ IA....~. ~ ~m~ :'r 7. h- J ::.:::".....,::..., .'."1 ."HO' ~ --.J ~.=s:: :z: :3: · -. .: y.~:.~ ft- :r:E ::E:E :E :E ~ ~ ~ :::~;.t9= ::E :E ::E :E ::E~, ~ · ~:.~~ ::ErE :ErE :E~1 :' · ~ -''ltE =+ '= ~ ~. ~ :EtE :~~~~ :E~. t~i~ itE~'~ ~r~ ~ ~. ~ . ~ ::EtE ::E:t: ::E:t:::E~ (. ~; 'Ta ~a: ~~ ~~ :rtI;.~~!l~ ".~~lti.:i.,..~ _ T J.....__.. .. ..~ "\ ... ..~ -+-..::;::;; "'f\ ., .J::l \ I'" fr:-' f-' '-'" ~ ^/ 'WJ. p- ~.!' . LAI'U ,~ J 1I., ':'. ,:::::1 , '( , In". ,..., - .,...., - ~ ; ~ . ~ .,...., c...... IL. (.,... ,.It... Vi';"' ""I .nlla, UIf 1'"Tt. .It"..) BLDG. 'C' 7,900 S.F. ! ..,. ,../"" ::11:::".. ,..,. ',., --OITII'''' utI II/' i..,u I -t .,...,,) ~ :lIun~ I .. . ....n ........ ']'""-"" -' "'-"" ""It .- R.n", . . ''''.'Ie ~ "\\-c..... I. 1I""ii....J ~ ~ r-l Ii :\-1 I~ ... fl...... ...... .n.... ..... nim --- ~ I.....".. _ '''''0.'.. .~\ I~ b\(\J .\:;~ . 'v- I.)."t.",,~. ~. ~~ . 0 ~-=- ...... "N ~ "'.......11I. --~ --- ---===--- IfCA.O" .'LAU... ua. IAI MARKET 'E' 25,000 S.F. SEAVIC\ c: RETAIL & THEATER '0' 9,000 S.F. /~':::n.. J....IUC... - ..-. ..- .- n:II5I '-..0. 'WI o. uu.." '.....:r.ffl......' I I LUll, ,....,u.. J.1llur LUll u,. (...... CA''''''..n) WI'. .......""ll' t'1" "u ... 1v1!:1910FlY LArK -----===:- ( .. / ~f EXHIBIT B - PROPERTY SITE PLAN PAGE ! OF 2 30 60 to I OCTOIEl 14, 2004 1..30' ~~l~ --~~~,q~I-'~::1pt;~~.Em -------11- .-.............. 75 - .. 70 .In/ l .. IIU.. .... In.... CAUl..".) .It. '1I1.IIILI IYu,CI. Ute., ... r~' ".." 1M CA ...... .. ~ lau .L ..L .L .L " If r rl-:~':WI~':''' -,...- , / ;.t.lMClft.IAJ ~ \'!_IIAi LA":'M .&.: men.. ."1.... CO"....., .&: / il..I.IU.. n.. gllllllnl.. "MCtu16' ... ... ~ ~ ~ r- L' ~j J- rl- IrL-- ~ -1fr LJ I t'-. ,.. .... ~~I' a ~ ~~ 'n rl" l I[ '""' AI' ~ ~~ [;] [;] ~ [:J ... J' . lJ. I I j 2s ~~ . 1-1 . '1 I I' I I I~~ lJl.., I~~ ~ "~' ~.:... ,...-. -,.... I rI _ ::..S~ ~ ~ I;~ 11 r: J I \ III ~ I" ~I jl.or.. ...... ~""""1:l X~ . :.......... ~.:;:: " . '"'" ~ \ ,ACAUI" ........u.u CI..... ..u . _ ~-A' . . . . -l~ \;c-... .' Ii ~) . .u. C1 Ff 1\ '0 IT r ~ --_ uu: ~ ~ ~ I~' . .....-'1':::.:.~.. ITn.anl" lir- h 1 f- . ~~ I. -. ~~ ~ll (JHf IfL ~ UKL r- ,1:11. . J I.... I ~ II ........t!, rr- l=..- .~~ I--; Jll i h L 1 <.!'.~ Iii' '-"'~. ~W~l~ ~~. ~o:;;;. '::'-:;I? IWL'''' C.'WI.. ..........., (IIU.OI." l"IMllloU A~ . ~"":'''':''' ~~~ ~ .. · ~~ f ~ ( r.I. i ~ ~ - CU" MtlTU bU.."......A _leA' -- -~ ~ ,,- " 'rA.I I ~ --~ * l: .-J1! ~ .LUL." -W~.I~. .. \ .. ~~~ r-1f . I 'NO. 1 . - !dJ_'~. ~L-I' 'IlK!) :>>1 ~ I ~ .HIftAtl ,Ill I.. j~ ~ ,...... .~. -~.... :< \ s \\ fY I ) I J ) ~I a ~ ~ ~ B j)$ ) ;:ti~ CU, I" ~ ... )l c~. .. ~~~_._- ~~\..~c.... aewl ~ - v ...... C.........IIJ) .--eo.." f .)../ W.'~:~n ..",. ~~,"~ ~~~, ~A.... A.IlLA.... - ~ ..... UIIA. ..'.,- I! .. I!I ...1ol .. 1- - - Mt:MUHY LANE - -- ~f EXHIBIT B - PROPERTY SITE PLAN PAGE 2 OF 2 JO 60 '0 I OCTOBER '4, 2004 '-.30' E~:~1::JJ!B - .1~~4~;:~~-~~WPJ -. .1Biimm 75~ ." " 71 EXHIBIT C Public Art Locational Plan 1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Main Street at one or two major entrances to the Project, with the final location to be determined as specified in paragraph 2.5 of this Agreement. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this Agreement. Review and approvals required by the Planning Commission pursuant to sections 5.8, 5.8.1 or this Exhibit C may be delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation l. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) II. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 24 758-402 VI. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. a mass produced object from a standard design; II. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor IV. a water feature, in whole or in part. 25 758-403 Development Agreement No. 04-04 EXHIBIT D Phasing Plan '" ~ 758-404 PHAse -r \toJ 0 PHASe oNE 1 . , , . I~ . . I . I! . ~, . I' . I I i , I~ . -, , l' . , f Ii -' I~ ~l I-I ,: .' . -' I! . ! I , I" , , w ' I I III ~ ~ i a I' r i ~i '. ," H ! . . ! I I -II I '. I' . I ~ ., nl~ ,l [ ~ i ! i . I I I I I I I i ! ' I I ; ~ I i II i . I II! I I I l, Iii I L Ii I II I d ni, I II 1 I I I I · i J I I . i:1 jq i: .i. .i. Ii !.II Ip '1 , I . l I . I II u Ii q ! ~ I 1 ; I . " ~ , I 8 . 8 I I i I n, i ~ ! h U! 8 U I ! I U I I . .. , I II I ~ II p! I,! ill! II Ii I f I I I f I 11111!!1 ! L !'J,J )11111 I : . : i 1" 1111 ~ II !I.I. -.l!. i. Ill. i~~. .1.1 !J~~~~i~~!~~~~~ E. "' ~" ,. , " ~ ' ~"I- " " I t ~ ~ s I~ li~H~ ~Un~ HIHi ~~ii~6 f~t:~~! ~~~~H~~~Hd II: W iii iL II.- lJ 0 <l t,).: III <( '" .Ii- ~ g ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ :~~----..~... ~ 1 1 . I I I ! I i I . j I 1;, ; d ~ I ; · U I . , IIIIIIIIIIIIII~~IIIIIIIIII ~III III1 III1 II! 111!lli;IIIIII!III~ ~~IIIIIIII!II!~~~II;~I!II! illl III1 lill I!! 1IIIililllll~I!llil ;:' a ; .. i; .. a' .;:. I -. .. :i is .. :;I ; .. Iii i! .. ~ R .. ~ .. ~ .... .. a I" .. rn I" ~ I" S:" R ft .. I .. ;,; .. g- Iii -ji ..- -~-;..' ;- ~; ; L ; -. ii ill II i ~ l ~ i ~ l ~ i!1 ~I I i~~ ~ I~ II ii~!1 ~~i-flll(11 ~!I. I~t. IiI. IZ~ 1111~~~iil ~Ri~ii.1 Ililliiil~i!iiil~I~~!11 Ili~ Ili~ Ili~ !1~~II~i;il;~~i~iiilii~~~~ 11!11;11~11~11~111111111!1~1111~!I;lllillll;!lii;lliiilil~tijii~1 I" .~ ~ ij l~ a ~ ~ i i ~ a ~ I ~ i ~J~ I~ ~ ~ ~ Il~ i I ~ Iii I ; I ~ i I ~ ~ i i i III i II i ~_ ~ ! ~ ! ~ ~ ~ ~ .~&: ~ ~ ~ ~ ~ ~ ~ H I t::j- , It') ... I- ~ :I: X W I ~ ~ i [ ~, I' i' I . i I -, I: I ; I l' i i I' I' , ~, I. I; I, I' I . I' Ii I' I i' _ i I l:1I ~ I ~ H~ I I i , I . I' nUl B:,:_::' U Iii Ixa : · · , I I ., ~ ~ ~ ; i III !!!!,!! !.. ! ~ !.. ~~~n~Hn i:-~~;a~~~~n. I " Id 1 11 ':1 l,11 J C I I nl <,,< IH;1 dP! z"'z <I jl Ii,11I nli!~Q · 1.- .Ql, fni8~ Inll diill f(lil jB~n I ! ij [ I I ( ( I ; . I i II I ~ hr i . . III , I z i II . z I d . II ! z i I . t II I , z I ,II i I t I I I i I ' i I il Ii Ii t z I I I I ~ I ~ ~ ~ ! I !li!~I~~IIII;~I!11111111 Illill IIII~~ IIII11 IIII!! 111111!1~~IIBli!~illl~11 lill~~ 111111 11!!ii Ili~11 ~~~~~~~~~~~~~~~~i~~~~~~~ ~Q~~i~ ~~i-~~-~ ~~~.~~ a~a~~~ .. .. .. ~ .. a ! ~ f -- ~ ~ ~ ~; Ii ; ~ i ~ ~E~~~ - E ~__~ ~ ~ ~ i-I w ~ ~ EN' _N_.. - Ii -"-liliZ - ~ ~ Z - ~-tl.-~ ill~I_~ ~ ~!I~iiliifiliil~~ i~i~iil~~iilii~liifli~~iiifig~f;J~~~II~ !11=i;III~11~~I~~~~~lliil,~;illiiill~~IIIIIII_I~~illll~~lllllllill~1 i io ~ ~ ~ i i ~ I~ ~ ~ li i I i ~ !\~ ~ ~ ~ ~ ~ j~ ~ I~ ~ ~ ~ ~ I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i 11111 ~ i 11111 i i 11111 i i I j III - . .. . . I II: _I. .I .. .. ~. d H City Place Project Public Improvements Improvement Location Install a traffic signal Lawson and Memory Lane Install a crosswalk and associated traffic signal Memory Lane and Crescent Construct new cub, gutter and sidewalk Property frontage of Lawson Way Construct new sidewalk Property frontage of Memory Lane Replace damaged curb, gutter and sidewalk Property frontage of Main Street Street light installation Property frontage of Lawson Way Repave from centerline to edge of gutter Property frontage of Lawson Way Underground all existing overhead utility lines Along property frontage of Memory Lane 758-407 Development Agreement No. 04-04 EXHIBIT F Residential Tower Study Area -~~.r'" ""~. *~l:rr ::O-___.l~~y~"~i~~t~:!~_,,.__._ . CITY PLACE WEST 758-408 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: PUBLIC HEARING - CONDEMNATION OF GOCHICOA PROPERTY LOCATED AT 119 and 123 SOOTH BRISTOL STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the condemnation of real property located at 119 and 123 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION Bristol Street improvements from Pine to Third are part of the Bristol Corridor Specific Plan approved by the City Council in 1992. Street widening from two to three lanes in each direction, addition of a second left-turn, a right turn lane, and a bus turn-out in both north and southbound directions are included. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Other benefits of the project include the addition of landscaped medians and parkways, the conversion of overhead utility lines to underground, and the addition of a storm drain system. Construction is estimated to begin in the fall of 2006. To accommodate the widening, acquisition of the entire property located at 119 and 123 S. Bristol Street is needed (Exhibit 1). A good faith offer was made to the property owner on June 23, 2004, in the amount of $628,810. To meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 75C-1 Condemnation of Property Located at 119 and 123 South Bristol Street February 7, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819). APPROVED AS TO FUNDS AND ACCOUNTS: -;:?~&>t< James G. Ross Executive Director Public Works Agency . ~\ ~- F;~~1~~~~U~i~~,/r. ~ ,A~ Executive Director Finance & Mgmt. Services Agency 75C-2 r ~ I" PROPERTY LOCATION ~ ...J \... ) \... ) \... ) N.T.S. 1ST ST. ...., [~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ !! i ~ ~ ~ .. J-- I-----... r~ ! ; ~ ~ 8 ~ ~ -@J i ~ ~ ~ 123 ~ ~ ~ ~ ~ !9 & ~ ~ -' i WALNUT ST. ...., ~ ~ I ~ ~ I ~~ ~I~ ~ ~ , I ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ 211 21fJ ,--- 21IJ I ~ i ~ ~ , ~ i ; ~ i ~ ~ .., Z2Z f-tF-- ~ ~ ~ ~ ~ ~ ~ .. !9 & ~ 8 PINE ST. XI .... XI ~ XI ...., JOJ ~ ~ ~ ~ ~ ~ i ~ ~ ~ t-= . I---- Jell "" ~ J05 "" I- J05 W J05 en J05 r--- > - en .... "" "" .... "" <( Jt>> Jt>> 0::: ...J J/J ~ JH Z J1J JH '--- C) J1J JH J/J <( 0 a.. JIll a:: JI1 JIll I- JV 2. ~ ~ !l ~ ~ I & ~ ; 8 L1. JI1 JIll JI1 en 0 .... W <01 .... - CHESTNUT AVE. C) <01 .... a.. <01 a.. 0::: <( "'" en ... "'" CD <01 ~ ~ ~ ~ ~ ~ ~ ~ ; ~ a.. - .. i ... "'" ... w '" ." '" <Or ::c - ... ." '" ." .. .. .J ClO .. \ .J \ .. <rJ .. ..j t---- ., - "'., \ .. \ \., ... '22\ ~ ~ ~ ~ ~ ~ ~ !9 ~ ~ ~ 8 MYRTLE ST. --------- ( \ ( \ ,---, ,-------, ( I EXHIBIT 1 ..) \... ~ r SANTA ANA 'PWA t City Council Title: PUBLIC HEARING - CONDEMNATION Agenda Date OF GOCHICOA PROPERTY LOCATED , , AT 119, 123 SOUTH BRISTOL STREET February 7, 2005 ~ PUll( _5 AC[O(, (PROJECT 1819) ..) { O\,,-~ RESOLUTION NO. 2005-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA (LOCATED AT 119 & 123 SOUTH BRISTOL STREET) 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 on February 7, 2005, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 75C-4 Resolution No. 2005- Page 2 of 4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in that certain real property located at 119 & 123 South Bristol Street in the City of Santa Ana, California consisting of approximately 11,946 square foot of property to be acquired in fee title (for right of way purposes) (referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "1" which consists of the legal description and Assessor's Parcel Map of the subject property and is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine to Third for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code 9 41-781; California Code of Civil Procedure sections 1240.010,1240.110, California Government Code sections 37350.5 and 40404, 75C-5 Resolution No. 2005- Page 3 of 4 California Streets and Highways Code sections 943,5100,5101,5101.5,5102, and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about June 15, 2004. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property. Section 8. That if any of the Property has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 75C-6 Resolution No. 2005- Page 4 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-018 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75C-7 75C-8 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: PUBLIC HEARING - CONDEMNATION OF LIN/TUNG PROPERTY LOCATED AT 217, 219 and 223 SOUTH BRISTOL STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the condemnation of real property located at 217, 219 and 223 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION Bristol Street improvements from Pine to Third are part of the Bristol Corridor Specific Plan approved by the City Council in 1992. Street widening from two to three lanes in each direction, addition of a second left-turn, a right turn lane, and a bus turn-out in both north and southbound directions are included. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Other benefits of the project include the addition of landscaped medians and parkways, the conversion of overhead utility lines to underground, and the addition of a storm drain system. Construction is estimated to begin in the fall of 2006. To accommodate the widening, acquisition of the entire property located at 217, 219 and 223 S. Bristol Street is needed (Exhibit 1). A good faith offer was made to the property owners on September 24, 2004, in the amount of $559,930. To meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 750-1 Condemnation of Property Located at 217, 219 and 223 South Bristol Street February 7, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819). APPROVED AS TO FUNDS AND ACCOUNTS: 7~~~~ James G. Ross Executive Director Public Works Agency 1\\C',..~-~ ~~,~. ~ '~_;JL'_ Francisco Gut~errez Executive Director Finance & Mgmt. Services Agency ~/? " 750-2 r "' - PROPERTY LOCATION ~ ./ \. ) \. ) \. ) N.T.S. 1ST S1. --, ~ ~ ~ r r ~ ~ ~ ~ ~ ; ~ ~ R ~ ~ .. I r~ 91 ~ ~l ,.. H~ i ~ ~ i ~ ~ ~ g ~ ~ ~ ~ ~ s ~ ~ g -" t,) WALNUT S1. """' fm ~ I ~ ~l ~ , I r 9 ~ ~ ~ ~ ~ 2llZ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I~ "" 219 I ~ ~ ~ ~ t ~ i ~ ~ i ~ ~ g Z2Z '223~ ~ ~ ~ i t,) ~ ~ s ~ ~ g PINE ST. JOf .... JOf ~ JOf .... .JOJ ~ ; ~ ~ ~ ~ ~ ~ ~ ~ .-: I--- .... .-: J05 .... .-: J05 w J05 .... en J05 t---- ~ en en JOt ... ... JOt ... JOt 0::: JOt JIJ ~ JH Z JIJ JH ...J t---- JlJ JH JIJ <( 0 u c.. J/fJ 0::: JIT J/fJ ~ JZJ ~ ~ ~ ~ ~ ~ ~ s ; ~ g LL. JIT J/fJ JIT en 0 .,. w ... .,. CHESTNUT AVE. u "" .,. c.. "" c.. 0::: <( ... en ... ... CD ~~ ill ; ~ ~ ~ ~ ~ ~ ~ ~ c.. " ... ... ... w .. .., .. ..,. :I: '----- .. ..,. .. ..,. .. <OJ .. ... ... \ <OJ \ .. <OJ ... .., ...l - .... ~.., \ -\ \.., '" ""'\ '-.L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g MYRTLE S1. -----, ( \ ( \ r--l ,---, ( I EXHIBIT 1 ~ \.. ~~ r SANTA ANA City Council Title: 'PWA t PUBLIC HEARING - CONDEMNATION Agenda Date OF L1NfTUNG PROPERTY LOCATED AT , , February 7, 2005 AT 217,219 AND 223 SOUTH BRISTOL STREET ~ PllIL( IORlS .CENt. (PROJECT 1819) ~ TI)U-~ RESOLUTION NO. 2005-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA (LOCATED AT 217,219 & 223 SOUTH BRISTOL STREET) 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 on February 7, 2005, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 750-4 Resolution No. 2005- Page 2 of 4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in that certain real property located at 217,219 & 223 South Bristol Street in the City of Santa Ana, California consisting of approximately 14,576 square foot of property to be acquired in fee title (for right of way purposes) (referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "1" which consists of the legal description and Assessor's Parcel Map of the subject property and is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine to Third for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code 9 41-781; California Code of Civil Procedure sections 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, 750-5 Resolution No. 2005- Page 3 of 4 California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties on or about September 17, 2004. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property. Section 8. That if any of the Property has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 750-6 Resolution No. 2005- Page 4 of4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-019 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 750-7 750-8 ~ COUNCIL/SANTA ANA ~ FINANCING AUTHORITY ACTION REQUEST FOR CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 TITLE: {lha^ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For RELOCATION OF 4TH DISTRICT COURT OF APPEAL FACILITY CONTINUED TO --'" FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Authorize the City Manager and Clerk of the Council to execute a Purchase and Sale Agreement, and related documents, and approve the actions necessary for the sale of approximately two acres of Civic Center land to the California Judicial Council for construction of a new facility to house Division Three of the California Fourth District Court of Appeal. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the professional services agreement with Gordon & Williams, Inc. to provide program management service for construction of the replacement parking garage for an approximate total project cost of $5.21 million. CITY COUNCIL/SANTA ANA FINANCING AUTHORITY ACTION Adopt a resolution authorizing the City Manager to execute a 15 year lease-purchase agreement with Sun Trust Leasing Corporation to finance a portion of the cost of a City-developed parking garage for the new Court of Appeal Facility, and approving related documents and actions. DISCUSSION The Fourth District Court of Appeal, based in San Diego, is the intermediate state appellate court serving Santa Ana and Orange County. Division Three of that court was established in 1982 to provide justices and facilities to JT25L-1 Public Hearing - Fourth District Court of Appeal February 7, 2005 Page 2 directly serve Orange County. Since its establishment , Division Three has been located in Santa Ana. Originally housed in a commercial office building on Santa Ana Boulevard, the Court is currently located in a facility at 925 N. Spurgeon Street in the Midtown Area. Division Three has now outgrown its Spurgeon Street courthouse and is seeking a new permanent location. A county-wide search conducted by the California Judicial Council resulted in the selection of a two acre site at the northwest corner of Santa Ana Boulevard and Ross Street in the Santa Ana Civic Center. (See Exhibit 1) The site is now occupied by the vacant temporary city jail and a portion of the City Hall parking lot. Under the terms of the proposed purchase and sale agreement, the City will sell the site for the courthouse to the State of California for $2.3 million. Further, the City will be responsible for the demolition of the vacant jail facility and the preparation of the site for the State-funded construction. The City will also construct a 300 space parking garage in front of City Hall. This new garage will provide approximately 70 spaces dedicated to Courthouse operations and personnel, with the balance of the spaces designed to accommodate the parking stalls displaced by the courthouse construction. As the agreement is one that is prepared by the State, it is recommended that the Council approve this agreement with the provision that non-substantive changes to the terms and conditions may be authorized by the City Manager and the City Attorney. In 2002, in anticipation of this project, the City Council approved a program management agreement with the parking garage design and construction firm of Gordon & Williams for $2.54 million. Under that agreement, Gordon & Williams is responsible for designing the garage and administering demolition and construction contracts for the project. As the scope and costs of the original proj ect has expanded, an amendment is necessary to enhance the scope of work to cover the $5.21 million in construction costs. The Purchase and Sale Agreement is scheduled to be considered by the State Public Works Board (PWB) at its meeting of February 4, 2005. If the agreements are approved by the City and the PWB, escrow will be scheduled to close on or before May 4, 2005. In the meantime, Gordon & Williams, under the supervision of the Public Works Agency, will immediately begin preparing plans and specifications for the garage and be prepared to contract for demolition and site clearance. JT25L-2 Public Hearing - Fourth District Court of Appeal February 7, 2005 Page 3 It is anticipated that the parking garage will be completed in 13 months, or approximately March 2006. The State plans to begin construction of the courthouse facility by early Summer 2006 and move the court personnel into their new permanent home in the Santa Ana Civic Center by Fall 2007. The design, construction and financing of the parking garage are estimated to cost a total of $5.3 million, with nearly half of that amount being provided by the sale of the site to the State. The balance will be financed over 15 years through the proposed lease-purchase financing agreement with Sun Trust Leasing Corporation. The estimated maximum annual lease payment for the garage is $298,600 based upon a maximum interest rate of 4.6 percent. In order to complete the financing, the firm of Quint and Thimmig will serve as bond counsel and Northcross, Hill & Ach will perform financial advisor services. FISCAL IMPACT Under the terms of the agreement, the City will receive $2.3 million in land sales proceeds. The balance of the funds for construction of the parking garage and preparation of the courthouse development site will be generated from the financing and available in the capital projects account for the Civic Center Parking Structure Project (account no. 51-012-6621, Project No. 2740). CONCUR: APPROVED AS TO FUNDS AND ACCOUNTS: es G. Ross ecutive Director Public Works Agency , i_ _ .. _ ~ ~" \ \\~~\)~ T~-^-, Francisco Gutierrez Executive Director, Finance and Management Services JT25L-3 (JWF 2/01/05) RESOLUTION NO. 2005-020 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN lEASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. 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. The City proposes to finance the costs of the construction of a parking structure on City-owned property located adjacent to the proposed State Appellate Court Building in Santa Ana, California (the "Improvements"); B. The City has determined to finance the Improvements by entering into a site lease (the "Site lease") and a lease agreement (the "lease Agreement") with the Santa Ana Financing Authority (the "Authority") ; C. The Authority intends to assign its rights under the Site lease and the lease Agreement to one or more purchasers to be identified by SunTrust leasing Corporation, as placement agent; D. It is in the public interest and for the public benefit that the City authorize and direct execution of the Site lease and the lease Agreement with the Authority and certain other financing documents in connection therewith; and E. The documents below specified have been filed with the City and the members of the Council, with the aid of its staff, shall review said documents; Section 2. The below-enumerated documents be and are hereby approved, and the City Manager, the Finance Director, or the designee of any such official, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the Clerk of the Council is hereby authorized and directed to attest to such official's signature: Resolution No. 2005- Page 1 of 3 JT25L-4 A. The Site Lease, by and between the City, as lessor, and the Authority, as lessee, pursuant to which the City will lease certain real property (the "Site") to the Authority; and B. The Lease Agreement, by and between the Authority, as lessor, and the City, as lessee, pursuant to which the Authority will lease the Site and the Improvements back to the City, so long as the term of the Lease Agreement does not exceed thirty years, the total amount of the principal portion of the rent payable under the Lease Agreement does not exceed $3,000,000 and the interest rate payable with respect to the Lease Agreement does not exceed 4.30%. Section 3. The firm of Northcross Hill & Ach LLC is hereby retained as financial advisor to the City in connection with the lease financing approve by this resolution. The Mayor, the City Manager, the Finance Director, or the designee of any such official, is authorized to execute a financial advisory agreement with such firm in such form as shall be approved by the City Attorney. Section 4. The firm of Quint & Thimmig LLP is hereby retained as bond counsel to the City in connection with the lease financing approve by this resolution. The Mayor, the City Manager, the Finance Director, or the designee of any such official, is authorized to execute a financial advisory agreement with such firm in such form as shall be approved by the City Attorney. Section 5. The Mayor, the City Manager, the Finance Director, the City Clerk and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor Resolution No. 2005- Page 2 of 3 JT25L-5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-020 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005- Page 3 of 3 JT25L-6