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HomeMy WebLinkAboutONE BROADWAY PLAZA DEV.- EXHIBITSREQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 23, 2004 TITLE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 99-01, AMENDMENT APPLICATION NO. 2004-01, GENERAL PLAN AMENDMENT NO. 2004-01 AND ZONING ORDINANCE AMENDMENT NO. 2004-02 FOR THE ONE BROADWAY PLAZA OFFICE TOWER Prepared by Vince Fregoso Verny Carvajal Deputy City Manager RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution certifying Final Environmental Impact Report No. 99-01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving Amendment Application No. 2004-01 for the One Broadway Specific Development District [Specific Development No. 75 (SD-75)]. 3. Adopt a resolution approving General Plan Amendment No. 2004-01. 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-02. DISCUSSION Request of Applicant Mike Harrah of Caribou Industries is requesting approval of various entitlements for the proposed One Broadway Plaza office tower. The entitlements include the certification of an environmental impact report, amendments to the Land Use and Circulation Elements of the General Plan, the establishment of a new zoning designation for the project and to amend provisions of the Midtown Specific Plan (SP-3). EXHIBIT A EIR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 2 Property Description The One Broadway Plaza project is a 4.339-acre, 13-parcel site located in midtown Santa Ana. The site is currently occupied by several historic and non -historic structures that are primarily occupied by office uses. The project site is bordered by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the eastand Broadway to the west. Surrounding land uses include single and multi -family residential and office uses to the north, and office uses to the south, east and west.. The subject site is zoned Midtown Specific Plan No. 3 (SP-3) and has a General Plan Land Use designation of Professional and Administrative Office (PAO), which permits office development at a floor area ratio of 1.0 (Exhibits 1, 2 and 3). Project Description Caribou Industries is proposing the construction of a 518,003 square foot office tower. The building would contain 490,003 square feet of office space, 10,000 square feet of retail space and 18,OOO square feet of restaurant dining area. As proposed, the building will be 37 stories and 493 feet in height. The building will have a vertically oriented contemporary design with non -reflective green transparent glass on the outer shell of the structure. The structural skeleton of the building will be visible through the glass and will be illuminated at night (Exhibits 4, 5 and 6). In addition, four buildings totaling 12,484 square feet that are currently on the project site will be used for office and restaurant purposes. Three buildings, 9,627 square feet in size, will be used for office purposes, while the remaining 2,857 square foot fourth building will be utilized as a restaurant. An open, nine -level freestanding parking structure (one sublevel and eight levels above ground) with a height of 78 feet will be provided for the project. A total of 2,463 parking spaces are proposed within this structure. Approximately 3,200 square feet of retail/restaurant space will be provided on the ground level of the structure. The design of the structure will complement the proposed office tower, with the elevator bank incorporating the glass to be used on the tower 3xhibits 7, 8 and 9). ,IR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 3 Several traffic improvements will be made for this project. First, Tenth Street will be converted from a two-way into a one-way, eastbound only street. Second, Washington Avenue will be converted from a two-way street to a one-way, westbound only street. In addition, a roundabout with a water fountain in the center will be constructed at the Tenth and Sycamore Streets intersection that will be used as a traffic -calming device and urban amenity. Finally, a new pedestrian drop-off will be created for the Orange County High School for the Arts (OCHSA). This drop-off, to be located in the parking lot of a former church at 920.North Main Street, will replace the existing drop-off zone on Sycamore Street`. A total of eleven structures are located on the project site, of which seven have been classified as historically significant. The project will require the removal of three of these structures (1007-1009, 1015 and 1109 North Broadway), which are listed on the Santa Ana Register -)f Historical Properties. The four remaining structures (1103, 1111, .115-1117 and 1211 North Broadway), totaling nearly 12,500 square feet, will be rehabilitated and be converted to office and commercial uses. On September 4, 2003, the demolition of the historic residences on the site was reviewed by the Historic Resources Commission (HRC). After extensive discussions regarding this matter, the HRC considered the demolition request and determined that all of the requirements for demolition had been fulfilled. However, an additional mitigation measure was proposed by the HRC to require the developer to pay for the cost of the relocation and rehabilitation of the three historic structures that will be displaced for this project (Exhibit 10). A comprehensive hardscape and landscape program has been developed for the project. This program will assist in unifying the structures on the site through a consistent landscape program. An expansive plaza will be situated on the northeast corner of Tenth Street and Broadway to provide visual relief as well as provide public spaces for people to gather and interact. The plaza will include reflecting pools, fountains, textured paving with natural stone and a grove of palm, deciduous and evergreen canopy trees. Additionally, an urban art sculpture will be integrated into the plaza area. The west elevation f the parking structure will also be heavily landscaped to soften the appearance of the structure from Broadway (Exhibit 11). ,IR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 4 Subsequent approvals needed for this project include a tract map to merge the various parcels into one site and to abandon Sycamore Street, a conditional use permit for the sale of alcoholic beverages, Airport Land Use Commission approval, a conditional use permit to operate a helipad on the top of the building, an encroachment permit/maintenance agreement for the fountain to be located in the roundabout, and an easement from the State of California to allow the roundabout to encroach on State property. Additionally, the acquisition of two off -site properties, located at 1702 North Main Street and 1702 North Broadway, will need to be completed as mitigation measures for the 'project. The acquisition and street improvements associated with these parcels must be completed prior to recordation of the final parcel map, unless an off -site improvement agreement is approved. Analysis of the Issues .n 1999, Caribou Industries developed a plan to construct a major office building in the downtown area. Over the years, the plan has been modified to address the concerns of various interested parties. Based on this input, Caribou has proceeded with a project that will create a City landmark due to the height and scale of the project, provide Class A office space that will attract high -profile tenants to support.the cultural and business activities of the central city, revitalize the central city by acting as a catalyst, provide a world class restaurant on the upper level, strengthen the urban identity of downtown, enhance the Broadway corridor through the design and public spaces to be provided, increase employment opportunities, provide additional parking for the project and surrounding area, and provide a positive fiscal impact to the City. Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR included air quality, cultural resources, land use, geology, hydrology, safety hazards, Population/housing, public services and utilities, aesthetics, noise, traffic and circulation. In accordance with 'CEQA, a draft EIR was irculated to the public, local, regional and state agencies on July s0, 2003 for a 45-day public review period. On September 2 and 3, 2003, community meetings were held to provide additional information 'IR No. 99-01, AA No. 04-01, 'PA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 5 on the proposed project. On September 12, 2003, a Planning Commission public hearing was held in order to obtain input regarding the EIR from interested members of the public. By the close of the 45-day review period, 45 written comment letters on the document were received. The City has evaluated the comments on environmental issues addressed in the comment letters. Each public agency and interested party that commented on the draft EIR were ;provided with a response to their comments at least 10 days prior to the Planning Commission public hearing The Responses to Comments document, which was forwarded to the Planning Commission in early February, the Mitigation Monitoring Program (Exhibit 12), and the draft EIR constitutes the Final EIR. In addition, the Findings of Fact and Statement of Overriding Considerations have been included for the project (Exhibit 13). The EIR identified several unavoidable adverse impacts associated iith this. project. These impacts pertain to transportation, air quality, utilities and services systems, aesthetics and cultural resources. Unavoidable transportation impacts include traffic impacts that will reduce the level of service on roads and intersections to an unacceptable level. Although some intersection improvements are required, other street improvements needed to mitigate the project are infeasible due to the significant land use impacts from the widening. Air quality impacts consist of long-term emissions, particularly nitrogen dioxide (Nox). The project will impact utility and service systems in the area, as it will interfere with broadcast and television signals in the -project area. Aesthetics will be adversely impacted as the height, mass and scale of the tower would significantly exceed the height of structures found in the area and would contrast with other nearby buildings. Additionally, the project will create morning shade and shadow impacts in the summer and winter months as well as afternoon shade and shadow impacts. These impacts will be to properties not currently affected by shade from nearby structures. Finally, cultural resources will be adversely impacted by the project. 'his project will result in significant adverse impacts associated with the removal of three historic structures and indirect impacts on the setting of the remaining historic structures. In September 2003, ,IR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 6 the Historic Resources Commission (HRC) determined that an additional mitigation measure was proposed by the HRC to require the developer to pay for the cost of the relocation and rehabilitation of the three historic structures that will be displaced for this project. Should the Planning Commission concur with the HRC's recommendation, the Commission will need to add this mitigation measure to the Final EIR and Mitigation Monitoring Program. As a result of the impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project. A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts. General Plan Amendment To facilitate the development of this parcel, a general plan amendment is .required. Currently, the land use designation for this site is Professional and Administrative Office (PAO), which allows development with a Floor Area Ratio (FAR) not to exceed 1.0. This project will require amendments to the Land Use Element, including the creation of a new General Plan Land Use Designation titled One Broadway Plaza Specific Development District Center, and the designation of the site as a Major Development Area in the General Plan (Exhibit 14). In addition, to accommodate the project as proposed, the General Plan floor area ratio needs to be increased to allow a development density of 2.9. The FAR was derived from the size of the proposed building and square footage of the remaining four structures along Broadway. This designation would be specific to the One Broadway Plaza site and would establish policies and standards that will allow the intensity and scale of the project (Exhibit 15). In addition, an amendment to the Circulation Element is required. A new street classification, the Local Commercial Street, needs to be adopted. This designation, to be applied to both Washington and Tenth Streets, acknowledges a higher vehicle capacity on these roads (Exhibit 16). r'inally, several amendments to the Urban Design Element are necessary in order to keep the General Plan internally consistent. The primary revisions will designate this site as a landmark and a node. Due to SIR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 7 the size of the structure, the building in Orange County and Additionally, the various office, associated with the building will which is an area of compatible and building will become the tallest become a major City landmark. retail and .restaurant activities result in the creation of a node, intense activity (Exhibit 17). Amendment Application/Zoning Ordinance Amendment In August 1996 the City Council adopted Ordinance No. NS-2308, creating the Midtown Specific Plan.. The purpose,of the plan was to establish a vision for a thriving and integrated' district of civic, business, cultural and retail activity with a small residential component. The project site, as part of the Midtown Specific Plan, is currently located within the Broadway Corridor District. The Broadway Corridor District includes both sides of Broadway and the west side of Sycamore Street between Tenth and Seventeenth Streets. The existing zoning designation establishes a maximum Floor Area Ratio (FAR) of 0.5 to 2.0, n maximum building height of 35 feet and 20-foot building setback along Broadway. Although the One Broadway Plaza project proposes a combination of office, restaurant, and retail uses compatible with the vision of the Midtown Specific Plan, the Midtown standards adopted in 1996 did not contemplate high-rise office developments with greater land use intensity. As a result, Caribou Industries is requesting approval of a zoning ordinance amendment to allow various amendments to the Specific Plan related to the removal of the project site from the Broadway Corridor District (Exhibit 18). In its place, the One Broadway Specific Development District (SD-75) zoning designation will be established. A series of site -specific objectives, policies and development standards will be used to guide the development of the tower and associated parking structure. Specifically, the SD-75 would involve the creation of development standards such as a specific building FAR of 2.9 and allow the exclusive entitlement of a 37-story landmark office tower and affiliated parking garage per the approved plan. The SD has been framed to allow the construction of the project as proposed and prohibits future modifications to enlarge or reduce the ize of the project. The SD is also intended to maintain the scale dnd character established by the existing structures and streetscape pattern as part of the Midtown area (Exhibit 19). SIR No. 99-01, AA No. 04-01, GPA No. 04-01, and ZOA No. 04-02 February 23, 2004 Page 8 Approval of the proposed amendments to the Midtown Specific Plan as well as the adoption of the proposed One Broadway Plaza SDD would allow for the creation of a new City landmark through the construction of an office building with the height, scale and quality to serve as a central focal point of the Downtown area. Additionally, the proposal would allow for Class A office space in a configuration suitable for major tenants in the immediate vicinity of the Civic Center area of the City. Further, the demand for amenities, such as . restaurants,, public. gathering. ,areas and entertainment activities, would create additional employment and revitalization opportunities in the central City. With the approval of the Midtown Specific Plan amendment, the proposed project would be consistent with applicable zoning requirements. The One Broadway Plaza development project will enhance and provide a ,ositive ,reinforcement of the City's image around the Midtown area through the development of a Class A office tower and associated amenities. Additionally, the project will be of direct benefit to the community by providing additional employment opportunities in the City. The project will be consistent with the goals and policies of the General Plan as amended by promoting a balance of land uses to address basic community needs, enhancing the City's economic and fiscal environment, and enhancing development districts whose unique community assets bolster overall community vitality. As a result, staff recommends that the Planning Commission recommend that the City Council certify Final Environmental Impact Report No. 99-01 and approve a resolution adopting a Statement of Overriding Considerations and the Mitigation Monitoring Program. Additionally, staff recommends that the City Council adopt an ordinance approving Amendment Application No. 2004-01 and Specific Development No. 75, adopt a 'resolution approving General Plan Amendment No. 2004-01 and adopt an ordinance approving Zoning Ordinance Amendment No. 2004-02. Vince Fregoso, AICP enior Planner VF\VC:JM vf\reports\eir99-01&aa&gpa04-01&zoa04-02.pc �= — Verny Carvajal Associate Planner REQUEST FOR Planning Commission Action ' V,wcation Is, PLANNING COMMISSION MEETING DATE: JUNE 14, 2004 TITLE: PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 2004-01 AND TENTATIVE PARCEL MAP NO. 2004-02 (COUNTY MAP NO. 2003-262) FOR THE ONE BROADWAY PLAZA OFFICE TOWER Prepared by Vince RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. 2. Adopt an ordinance approving Development Agreement No. 2004-01. 3. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. DISCUSSION Request of Applicant Caribou Industries is requesting approval of a development agreement and tentative parcel map to facilitate the construction of One Broadway Plaza, a 37-story, 518,000 square foot office tower at 1109 North Broadway. Also, the City of Santa Ana is requesting approval of additional mitigation measures to address issues raised by the Santa Ana Unified School District's Response to Comments on the Environmental Impact Report. Property Description The One Broadway Plaza project is a 4.34-acre, 13-parcel site located in midtown Santa Ana. The site is currently occupied by several historic and non -historic structures that are primarily occupied by office uses. 'he project site is bordered by Washington Avenue to the north, Tenth street to the south, Sycamore Street to the east and Broadway to the west. Surrounding land uses include single and multi -family residential and office uses to the north, and office uses to the south, east and west. EXHIBIT B Development Agreement No. 2004-01 tentative Parcel Map No. 2004-02 une 14, 2004 Page 2 The subject site is zoned Midtown Specific Plan No. 3 (SP-3) and has a General Plan Land Use designation of Professional and Administrative Office (PAO), which permits office development at a floor area ratio of 1.0. Project Description Caribou Industries is proposing the construction of a 518,003 square foot, 37-story, 493-foot tall office tower. The building will contain 490,003 square feet of office space, 10,000 square feet of retail space and 18,000 square feet of restaurant dining area. In addition, four buildings totaling 12,484 square feet that are currently on the project site will be used for office and restaurant purposes. A nine -level freestanding parking structure (one sublevel and eight levels above ground) with a height of 78 feet will be provided for the project. A total of 2,463 parking spaces are proposed within this structure. Approximately 3,200 square feet of retail/restaurant space will be rovided on the ground level of the structure. Several traffic improvements will be made for this project. Tenth Street will be converted to a one-way, eastbound only street, with Washington Avenue converted to a one-way, westbound only street. Also, a roundabout will be constructed at the Tenth and Sycamore Streets intersection. Finally, a new pedestrian drop-off will be created for the Orange County High School for the Arts (OCHSA). This drop-off, to be located in the parking lot of a former church at 920 North Main Street, will replace the existing drop-off zone on Sycamore Street. Seven structures on the project site are classified as historically significant. The project will require the removal of three structures (1007-1009, 1015 and 1109 North Broadway) that are listed on the Santa Ana Register of Historical Properties. The remaining four historic structures (1103, 1111, 1115-1117 and 1211 North Broadway) will be rehabilitated and converted to office and commercial uses. Subsequent approvals needed for this project include a conditional use permit for the sale of alcoholic beverages, Airport Land Use Commission approval and a conditional use permit for a helipad, an encroachment permit/maintenance agreement for the fountain in the roundabout, and an >asement from the State to allow the roundabout to encroach on State roperty. Additionally, two off -site properties (1702 North Main Street and 1702 North Broadway) need to be acquired as mitigation measures for the project. Development Agreement No. 2004-01 tentative Parcel Map No. 2004-02 ane 14, 2004 Page 3 Analysis of the Issues Development Agreement On March 15, 2004, a public hearing was held by the City Council regarding the One Broadway development. After receiving public testimony on the project and a discussion by the City Council, the various entitlements under consideration were continued for 60 days. During the continuance period, staff was directed to meet with a newly created Council Ad Hoc Committee, which would assist in preparing the conditions for the development agreement. Also, the Council identified specific issues and standards the development agreement should address, including construction costs, construction materials, traffic mitigation measures, and benchmarks for issuance of building permits. Since the City Council public hearing, staff has met on numerous occasions with the Ad Hoc Committee and the applicant. Based on these meetings and extensive negotiations between staff and the applicant, a development greement has been prepared (Exhibit 1). This agreement has incorporated the major issues raised at the March City Council hearing as well as those issues raised by the Ad Hoc Committee. These issues include: 1. Prohibiting the Developer from being issued any building permit for the Project until it provides evidence that the Developer has obtained binding commitments for lease of not less than 50 percent of the net leasable area in the Project from tenants who would qualify as "Investment Grade Tenants" (BBB -or greater) as rated by either Standard & Poor's or Moody's rating agencies. Non -rated publicly held, or private companies with a rating of BB or BB+ may meet this requirement by providing a "Shadow Rating" from either agency depicting a minimum of a neutral credit outlook. Law firms shall provide evidence of a rating of "AV" from Matindale-Hubbell or equivalent rating agency. Binding commitments to lease shall be in a form and content normally accepted by conventional lending institutions and subject to the review and approval of the City's Executive Director of Planning and Building which shall not be unreasonably withheld; 2. Requiring the developer to submit evidence, for the provision of the payment of "Prevailing" and/or "Area Standard Wages" as appropriate, that it has entered into a labor agreement with the Los Angeles and Orange Counties Building and Construction Trades Council. Said agreement shall also include provisions that encourage the referral Development Agreement No. 2004-01 Tentative Parcel Map No. 2004-02 une 14, 2004 Page 4 and utilization, to the extent permitted by law, of qualified residents as journeymen, apprentices and trainees. An executed copy of the agreement shall be submitted to the City prior to the issuance of building permits; 3. Prohibiting the developer to request or accept any agreement with the Santa Ana Community Redevelopment Agency for economic, debt service payments, or other assistance for the development of the Project; 4. A provision that all offsite mitigation measures identified in the entitlements shall be specifically listed and incorporated into the Agreement (the "Project Mitigation Measures"). Developer shall deposit cash, security in a form acceptable to the City's Executive Director of Public Works Agency, or other reasonably acceptable proof of ability to perform to pay for the Project Mitigation Measures (including traffic studies) at the time called for in the entitlement, and in any event, prior to the issuance of building permits. Any deposit shall be supplemented to cover the actual costs incurred. The Public Works Agency shall provide to the Developer an estimate of the Project Mitigation Measures which shall include land acquisition and construction costs pertaining to the public improvements required of the Project; 5. Defining and requiring core construction costs to the Project shall not be less than the RS Means "Medium" square footage estimate, including the installation cost of all mechanical and electrical equipment for a Class A high rise office building; 6. Requiring the drop off/pick up area for OCHSA be approved by the City Engineer and implemented before any demolition or construction is initiated for the Project; 7. Retaining the structure at its current location, or if it cannot be maintained, and at the sole expense of the Developer, or a third party acceptable to the City, the historic structure located at 1109 North Broadway (Koenig House) shall be relocated to a City approved site, set upon a new foundation and supplied with all necessary utilities. If the structure can be maintained at its current location, then the Developer shall be responsible for the rehabilitation of the structure per City standards; and Development Agreement No. 2004-01 Tentative Parcel Map No. 2004-02 une 14, 2004 Page 5 8. Relocating the historic structure located at 1015 North Broadway (Twist -Basler House) to Cabrillo Park at the sole expense of the Developer. Additionally, the structure shall be set upon a new foundation and supplied with all necessary utilities. The structure shall be rehabilitated to City standards and funded through the Arts and Culture Fees paid by the Developer for the Project. Tentative Parcel Map Caribou Industries is also requesting approval of a tentative parcel map in order to merge 12 parcels into one lot and to vacate most of Sycamore Street between Tenth Street and Washington Avenue. Since the One Broadway Plaza development project has been thoroughly reviewed in conjunction with the environmental impact report, no major issues were identified with the map. Further, a review of the City of Santa Ana Municipal Code and the California Subdivision Map Act shows that the proposed tentative map complies with both the State Map Act and Chapter 34 of the Municipal Code !Exhibit 2). Existing easements and utilities over the remainder parcels and which currently service buildings to remain will need to be maintained. Therefore, covenants, conditions and restrictions (CC&Rs) will need to be recorded for the project. This document, which will include provisions for parking, water, sewer and fire systems, will need to be recorded prior to approval of the Final Map. Mitigation Measures Finally, staff is recommending that the City Council adopt additional mitigation measures for the project. Comments sent by the Santa Ana Unified School District (SAUSD) on the draft environmental impact report were not received until recently. The SAUSD comments request the addition of more specific language to protect students who will pass the project site on their way to and from Willard Intermediate School and the Orange County High School of the Arts during construction of the project (Exhibit 3). The requested mitigation measures are consistent with the intent of other mitigation measures found in the Mitigation Monitoring Program. These comments have been incorporated into the Public Services section of the Mitigation Monitoring Program for the project (PS-11 through 13). Development Agreement No. 2004-01 "entative Parcel Map No. 2004-02 ,une 14, 2004 Page 6 The development agreement addresses the issues raised at the March City Council meeting, which provide assurances that a quality, high-rise office tower will be constructed. The tentative parcel map, which merges several existing lots on the project site, is in compliance with all applicable State and local regulations. As a result, staff recommends that the Planning Commission recommend that the City Council approve Development Agreement No. 2004-01 and Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned (Exhibits 4 and 5). CEQA Compliance No further CEQA action is required for this project. Any potential environmental impacts related to the development agreement have been analyzed and will be mitigated as identified in the One Broadway Plaza environmental impact report (EIR No. 99-01). Vince Fregos , AICP Senior Plann r VF:JM reports\da04-1tpm04-2.pc EXHIBIT A An m PT MD Ri R1 LR13 R1 R7 ref, P =*" �P jz7 Mo R1 "r xt P1 l O R1 R1 ^ R1 R2 �R2 Feo n2 P ©^'° sCI - 1, C1 FgC2 fl2C7 P� ra C1 rxx pR[Sl HRIFW�� JLJ U W R7 R1 R1 nr ae 'x so-rza SD-20 rzx' sons ��SP55 SD-55 P m n I Ci C2 I I I V Al GENERAL AGRICULTURAL -B PARKING MODIFICATION PSM COMMERCIAL SOUTH MAIN Cl COMMUNITY COMMERCIAL Cl-MD COMM. COMMERCIAUMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTVILLAGE C4 PLANNED SHOPPING CENTER 05 ARTERIAL COMMERCIAL xox SD-30 I on ug �F H2�ou C2 ,I- C SC2pmn ° M2 c3 C3 c2 w C2 G C2 IZ M2 x3 xox xox xox -xm: C2+:xx 4TH ST. C3-xou �' SD-37 R2 2 D A M2 9 M211m: Ax C2 R2 M2 M2-x3: 3 A -x3: _ 1, R2 c6?ou M2-xon �?- p2- F—o-2 vi 02vmu C2timn Ce xou r OR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE M1 LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE M2 HEAVY INDUSTRIAL FAMILY RESIDENCE MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS 0 OPEN SPACE RE RESIDENTIAL ESTATE P PROFESSIONAL SD SPECIFIC DEVELOPMENT PCO PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN PRD PLANNED RESIDENTIAL DEVELOPMENT AA 04-1 /EI R 99-1 /G PA 04-1 /ZOA 04-2 CARIBOU INDUSTRIES 1109 NORTH BROADWAY -=5D°FEET 1" = 1000 FEET P L A N N I N G _A N D B U I L D I N G A G E N C Y W:4"ll-lb1i EXHIBIT A EXHIBIT 2 - ;We � Wimm COMMERCIAL WZ TRESIDENTIAL BANK REESS"' OFFICE RESIDENTIAL'� WASHINGTON AVENUE RESIDENTIAL �1 ,f � hi t�d1�i co ®y ' p 13 Lu T- • RESIC EN STREET RESIDENTIALTENTH OFFICES RESIDENTIAL P A R I N 0 ®® AA 04-1/EIR 99-1/GPA 04-120A 04-2 CARIBOU INDUSTRIES 1109 NORTH BROADWAY P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 EXHIBIT A EXHIBIT 3 - rZil�l� MIMINA61um COMMERCIAL FTRESIDENriAL �® BANK Fsl OFFICE ' RESIDENTIAL WASHINGTON AVENUE RESIDENTIAL r� u OFFICE ty ® j Lu , c *t 0 ® RESI�N � TENTH STREET RESIDENTIAL �® ® RESIDENTIAL TPARKING �PAR� ®® AA 04-1 /EI R 99-1 /G PA 04-1 /ZOA 04-2 CARIBOU INDUSTRIES 1109 NORTH BROADWAY P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 3 EXHIBIT A EXHIBIT 4 - SITE PLAN EXHIBIT4 EXHIBIT A EXHIBIT 5 - TYPICAL FLOOR PLAN [ MAN I 3IM AN rri EXHIBIT A EXHIBIT • s V) Q W ne O z O PZ w J W W -> V) LU W O cn s r.r. a u�-.r GPA 04-1/ZOA 04-2 EXHIBIT 6 EXHIBIT A EXMIBIT 7 PARKING STRUCTURE a 'VIW l0/.Lb VD tlllVHS uoot orvnoeu axv llerv35ve 4r VZVId AtlMOV0883N0 suNd IItl15 3tlN'J9A'INhIVd -- �i�al I lil �IVI I Ii 1 of 3 10Ld6 VD "VNV ViNVS rvnd oow srvieuve M VZVId 0MOVCH]NO HAAI 1"OIdAI P wr awn 1 4 JI � 3 �1 !FFTOIss s sls s s s s - ===9El i m w m e �I - - — _ =off lh-I 2 of 3 3 of EXHIBIT A EXHIBIT 8 PARKING STRUCTURE ELEVATIONS p� lozz6 V�-Vr,V V�NVs P gl_ VZKId AVAAGVO2l dIV0 srvauv�a73 y �, _-r r 3 )enlJnuls 9xIMAtld r '^\ � z ° I <�W �ICO r IC81171LI�� � _ ❑T9C91{ W `E �Vi n� �ElFall zP HLI H F Q U� w, r ®J� FIQ " g p O��� On U�u All �� �I�i�l� I� In In �'n'_ e 1®HLII�F1.® , � I ➢jinn = ��O � ��� AT[ f� nln���s. 31 �Hilo-1 w ° �j ll7n� 16 7.II H16I6i&Ill i e v ry L I�i InIInI �'m l ]1nIC& II w lewaaoho-i mi EXHIBIT A EXHIBIT 9 PARKING STRUCTURE SIMULATION EXHIBIT A EXHIBIT 10 — 6113.Y07oojr[eIil Koo 10/22/03 RESOLUTION NO.2003-20 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA REGARDING THE IMPACT OF ONE BROADWAY ON THE HISTORIC RESOURCES OF SANTA ANA BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 2, 2003, the Historic Resources Commission discussed the implications of the One Broadway Project on the historic resources of Santa Ana and concluded: 1. The size and development intensity of the One Broadway Plaza project would dramatically alter and remove portions of the existing fabric of the Broadway Corridor and would not be consistent with the unique historic character. 2. The project would result in negative traffic impacts to the North Broadway corridor and may preclude future, more appropriately scaled development that is more compatible with the existing historic character. 3. The project would result in increased traffic which would potentially have a detrimental effect on the historic neighborhoods and historic homes located in Floral Park, French Park, French Court, Willard and Washington Square. 4. The project would choke vehicular access to the Downtown Historic District/Artist's Village, undermining the commercial viability of this vibrant area and deterring future revitalization projects In this District, impacting such landmarks as the YMCA, Old County Courthouse, and the Santora Building. 5. The project would impede the access to the First Church of Christian Science on Main Street, an important historic landmark. 6. The proposed One Broadway Plaza would result in unavoidable adverse project -specific impacts as well as cumulative impacts to historic resources in the city of Santa Ana. AA 04-1/EIR 99-1/ Resolution No, 2003.20 IGPA 04-1/ZOA 04-2 Page 1 of 3 EXHIBIT 10 Section 2: The Historic Resources Commission urges the consideration of these issues and recommends that this project be scaled down to be more consistent with the scale of the Broadway Corridor. ADOPTED this 2n4 day of October 2003 by the following vote: AYES: Commission members: Corpin, Gartner, Giles, Kings, O'Callaghan, Schaefer (6) NOES: Commission members: None (0) ABSTENTION: NOT PRESENT: ATTEST: Commission members: Commission members: Rosa Recording Secretary Planning and Building Agency APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kyle. . Otto DeptW City Attorney None (0) Chinn, Bustamante, Lutz (3) Chairperson Resolution No. 2003-20 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2003-20 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 2, 2003. Date: Recording Se retary City of Santa Ana Resolution No.2003-20 Page 3 of 3 EXHIBIT A EXHIBIT 11 1 k65K1 � MOT I \v\v\\\\\»o�'I o- I w { G .J. E- va H �MIIIIIIIII GIRO C7 '� .w l k lUlOT TIC r L ff z z p `3 F w z F o 0 II z wO w� Oe�O ��gp9e p N 0.���U�GpmO • R, ❑GOOD fI❑MJ�71�7 I ti a 5 4 _ E EXHIBIT 11 EXHIBIT A One Broadway Plaza Project Mitigation Monitoring Program MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT PURPOSE On January 1, 1989, California State Assembly Bill 3180 (AB 3180) became effective. AB 3180 requires state and local agencies to adopt programs for monitoring and reporting of implementation of mitigation measures addressing significant adverse environmental impacts of projects agencies approve subject to the California Environmental Quality Act (CEQA). Consistent with the requirements of AB 3180 and the CEQA Guidelines, this Mitigation Monitoring Program (MMP) was developed by the City of Santa Ana for use in monitoring the implementation of the mitigation measures incorporated in the proposed One Broadway Plaza project. The City of Santa Ana has the authority to require and enforce the provisions of AB 3180 and the CEQA Guidelines consistent with its existing police powers. As lead agency for the environmental documentation for the proposed One Broadway Plaza project, the City is also responsible for approving the MMP and for accepting the written report documenting completion of the implementation of the project mitigation measures. In general, the City of Santa Ana Public Works Agency (PWA) and Planning Department would be responsible for overseeing the implementation of these mitigation measures and for approving measures as complete. DEVELOPMENT OF THE MMP The basis of the MMP is the mitigation measures identified as follows: By environmental impact category as documented in Section 3.0 (Existing Conditions, Impacts and Mitigation Measures) of the Environmental Impact Report (EIR) for the One Broadway Plaza project. By environmental impact category for measures that were refined or added to the project mitigation measures in response to comments received from agencies and members of the general public on the Draft EIR. MITIGATION MONITORING PROGRAM FOR THE PROPOSED ONE BROADWAY PLAZA PROJECT Table 1 provides the following information: ■ A list of all mitigation measures from Section 3.0 of the Draft EIR and the refined measures from the Responses to Comments Report. ■ The implementation schedule for each measure. • The City of Santa Ana Department or Departments responsible for reviewing and approving the documentation regarding implementation of each measure. EXHIBIT 12 U: I VFregosol WP51 WEPORTSI One Broadway MMP. doe June 14, 2004 A d o� F+ 0 o O 09 �s 'O _ W w�QP.v oU N o Y h Q° W P.v o� N L .°N wwro o N N waro o. 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U ro y N N � Q W � �0.�ro w ro ayi y ro❑ o.°o ❑❑ o a� m � b 4. .° a' m o ayi w w o Y •� ° ° z o ayi �� P, ro by W,o� �b �o o 'd mom � u 5 6q p �' a.,� r� a .� cn .p .� •o o y � a. '� � 3 pp " 0 oO N mow° r� �y �u-49 q� d VI �i U U p y o ai W o u o v q - C G � m - N � P� O rs - N U G - 'z 'fro � o�p m.`:°•^° `� �° -d � � p -: ,�q � _ H'd41 72 N G m b u 22 .0 � o � � .a a�i m G �°41- U U c�j U EXHIBIT A EXHIBIT 13 - EIR FINDINGS One Broadway Plaza Environmental Imvac Findings and Facts in Support ofFindings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE ONE BROADWAY PLAZA 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 (the "City") hereby certifies the Final Environmental Impact Report ("Final EIR," State Clearinghouse No. 99101047) for the One Broadway Plaza project ("project"). The Final EIR has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq ("CEQA") and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq ("CEQA Guidelines"). 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 One Broadway Plaza 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 July 2003 Draft EIR, the October 2003 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 the City and 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 proposed One Broadway Plaza project, that the Draft EI'R which was circulated for public review reflected its independent judgment and that the Final FIR 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), 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. EXHIBIT 13 U/vfregoso/wp51/reports/0ne Broadwayfinal findings Page I June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES The project site consists of an approximately 4.32 acre city block generally bounded by Washington Avenue to the north, Sycamore Street to the east, 10`' Street to the south, and Broadway Street to the west. The One Broadway Plaza Project would consist of 545,124 square feet of office, retail and restaurant area. The project consists of a 37-story office building, 8-level parking structure (seven levels aboveground and one sublevel) and the rehabilitation of four existing structures into commercial office and restaurant uses. The One Broadway Plaza Project would be developed entirely on one City block. As part of the project, the City would abandon the segment of Sycamore Street between 10`h Street and Washington Street to allow for construction of the office building and parking structure. Additionally, 10`h Street would be converted from a two-way street to a one-way eastbound street and Washington Avenue would be converted from a two-way street to a one-way westbound street. The project would require the removal of three structures on the project site that are designated historically significant. One other existing structure on the project site designated historically significant would be retained in its present condition. A comprehensive design and landscape program would be implemented to unify the rehabilitated and retained structures on the project site with the other land use components of the One Broadway Plaza Project. The objectives of the proposed One Broadway Plaza project are: • To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area of the City. • To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high -profile tenants. • To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center of the County. • To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. • To provide for the public a world -class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. • To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. • To substantially increase employment opportunities within the City. U/vfregoso/wp51/reports/0ne Broadway final findings Page 2 June28, 2004 One Broadway Plaza Findings and Facts in Support offindings Environmental Impact Report • To provide an on -site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. • To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. The City of Santa Ana Planning and Building Agency is the Lead Agency for the EIR, as defined by the CEQA, Section 21067. The City of Santa Ana has determined that the EIR is required pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the One Broadway Plaza project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a program level EIR for the required General Plan Amendment and changes to the Mid -Town Specific Plan and as a project EIR for the One Broadway Plaza 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, including but not limited to Caltrans (for the helipad). The potential actions, permits and approvals for the proposed project are anticipated to include the following: • Approval of a Development Agreement to ensure the timely construction of the project, ensure occupancy by credit tenants, clarify the various improvements to be provided and to provide for the restoration and relocation of historic structures. • General Plan Amendment to establish the One Broadway Plaza Specific Development District Center designation and as a Major Development Area in the Land Use Element and establish a maximum Floor Area Ratio of 2.9. • Amendment to Circulation Element to add Local Commercial Street classification. • An amendment to the Midtown Specific Plan to delete the project site from the Broadway Corridor District. • Adoption of a One Broadway Plaza Specific Development District. Specific objectives, policies and development standards will be established within the One Broadway Plaza Specific Development District to accommodate and guide the development of the One Broadway Project. • Resolution of necessity to acquire properties located at the northwest corner of 17th Street and Main Street and the northeast corner of 17th Street and Broadway Street. • Parcel Map. U/vfregoso/wp51/reports/0ne Broadway final findings Page 3 June 28, 2004 One Broadway Plaza Environmental Imoac Findings and Facts in Support of Findings • Vacation of Sycamore Street between 10"' Street and Washington Avenue. • Encroachment Permit/Maintenance Agreement for roundabout fountain. • Approval of an off site Improvement Agreement to acquire properties located at the northwest corner of 17th Street and Main Street and northwest corner of Seventeenth Street and Broadway Street. • Historical Resource Commission review for demolition requests for properties located at 1007-1009 North Broadway Street, 1015 North Broadway Street and 1109 North Broadway Street. • Obtain a State Helipad Permit. • Approval from Orange County Airport Land Use Commission. 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 One Broadway Plaza project on October 7, 1999. Because of changes to the proposed project by the project developer, a second NOP was distributed for public review on February 12, 2001. The NOPs/ISs were 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. Copies of the 1999 and 2001 NOPs/ISs are provided in Appendix A of the EIR. The City of Santa Ana received fifteen written responses to the recirculation of the NOP on February 12, 2001 and ten written responses to the NOP on October 7, 1999. Copies of these comment letters are provided in Appendix B of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a scoping meeting for the proposed One Broadway Plaza project on October 21, 1999. The meeting was held from 7:00 PM to 9:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was posted on the project site, was included in the Project NOP and was published in the Orange County Register newspaper. A copy of the scoping notice is provided in Appendix B in the EIR. The City also conducted a scoping meeting for the One Broadway Plaza on February 21, 2001. The meeting was held from 7:00 PM to 9:00 PM at the City of Santa Ana Council Chambers in the Santa Ana Civic Center. The notice of the scoping meeting was included in the NOP and was published in the Orange County Register newspaper. A notice of the scoping meeting was also sent to all property owners within 300 feet of the project site. A copy of the scoping notice U/vfregoso/wp51/reports/0ne Broadway final findings Page 4 June 28, 2004 One Broadway Plaza Environmental Imom: Findings and Facts in Support of Findings is provided in Appendix B in the EIR. Based on the findings of the ISs and public input provided in response to the NOPs, the Draft EIR evaluated the following environmental issues: land use and relevant planning programs; topography, soils and geology; hydrology and water quality; air quality; transportation; hazards and hazardous materials; noise; population and housing; public services; utilities and service systems; aesthetics and cultural resources. 3.2.3 Draft EIR 3.2.2.1 Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the proposed One Broadway Plaza Project for public review between July 30, 2003 and September 12, 2003. The Responses .to Comments Report documents the public review and comment period for the Draft EIR. The Notice of Completion and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the Responses to Comments Report. The NOA was provided in a newspaper notice regarding the availability of the Draft EIR and the scheduled neighborhood workshops and Planning Commission public hearing as shown in Appendix A in the Responses to Comments Report. The distribution list for the Draft EIR is provided in Appendix B. The written comments received on the Draft EIR included letters, emails, comment cards from the neighborhood meetings and written comments provided to the Planning Commission during the public hearing. Verbal comments were also received at the Planning Commission public hearing and are documented in a transcript of that hearing. Written comments on the Draft EIR for the proposed One Broadway Plaza widening project were received from the following: State, Regional and Local Agencies California Department of Transportation State of California Governor's Office of Planning and Research South Coast Air Quality Management District Southern California Association of Governments County of Orange Planning and Development Services Department City of Tustin City of Irvine City of Santa Ana Planning Division Santa Ana Historic Resources Commission Orange County Sanitation District Businesses, Groups and Organizations Maternal Outreach Management Systems Concerned Parents of El Sol Academy Southern California Gas Company Orange County Associates U1vfregoso/wp51/reports/0ne ,Broadway final findings Page 5 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support ofFindings Floral Park Neighborhood Association Heritage Orange County, Inc. Washington Square Neighborhood Association Santa Ana Historical Preservation Society ARTbar Gerald Schwartz Fredrico Castelan Sayre Daniel J. Donahue American Demolition/Concrete Cutting Alison Young, Santa Ana Historical Preservation Society Brad Romoff and Justin Reuter Members of the General Public Michelle Higbee Jan Dunford Jon Weger Andree L. Weger Debbie McEwen Jo Ann Ramirez Rose Ann Garcia Kings Roberta Reed Laurie Hampton Larry Irvine Dee and Bob Runnells Roberta Reed Benjamin F. Grabiel Jeff Dickman William Beaubeaux Barry Jensen John and Lucy Bateson and Ryan Goins Alison Young 3.2.2.2 Neighborhood Workshops The City held two neighborhood meetings for the Draft EIR. These neighborhood meetings were held between 6:30 PM and 8 PM on September 2 and 3, 2003, at Davis Elementary School (1405 French Street, Santa Ana). The format of the meetings was informal, with topical stations provided around the room. Each station was staffed by City and consultant staff persons and included appropriate poster boards and handouts. Appendix C of the Responses to Comments Report provides the attendance sign -in sheets from the two neighborhood workshops. A total of approximately 40 people attended the two workshops. 3.2.2.3 Planning Commission Public Hearing A public hearing was held on the Draft EIR for the proposed One Broadway Plaza project as part U/vfregoso/wp5]/reports/0ne Broadway final findings Page 6 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Imvact Reaort of the regularly scheduled September 81, 2003 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). A total of 31 persons spoke during the public hearing. Appendix D in the Responses to Comments Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is provided in the Responses to Comments Report. 3.2.2.4 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 CEQA Guidelines Section 15088.5, a lead agency is required to recirculate and 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. CEQA Guidelines Section 15088.5 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 and the responses to those comments as well as other text changes and references that have been incorporated into the 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 was 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 CEQA Guidelines Section 15088.5 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. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the One Broadway Plaza project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final FIR consists of: U/vfregoso/wp51/reports/0ne Broadway final findings Page 7 June 28, 2004 One Broadway Plaza Environmentallmvac Findings and Facts in Support of Findings (a) The Draft FIR; (b) Comments and recommendations received on the Draft EIR (in the Responses to Comments Report); (c) A list of persons, organizations and public agencies commenting on the Draft EIR (in the Responses to Comments Report); (d) The City's responses to the comments received on the Draft EIR (in the Responses to Comments Report); (e) Final Mitigation Monitoring Program; 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 One Broadway Plaza project. All the mitigation measures identified in the Final EIR are included in the project Approval and are made conditions of the One Broadway Plaza project. The following findings are made with respect to each significant adverse environmental impact of the One Broadway Plaza 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 features, 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 One Broadway Plaza 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 One Broadway Plaza 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. Ulvfregoso/wp51/reports/One Broadway final findings Page 8 June 28, 2004 One Broadway Plaza Environmental Imoac Findings and Facts in Support of Findings Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza 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 project would not be mitigated to below a level of significance, after implementation of the mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the project. 4.1.1 Impacts Related to Short Term Air Quality Impacts 4.1.1.1 Potentially Significant Adverse Impact Related to Construction NO, and PM10Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in significant adverse NO, and PM10 emissions as a result of the use of construction equipment and the generation of dust during construction. 4.1.1.2 Finding Related to Construction No and PM10 Emissions 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. 4.1.1.3 Facts in Support of the Finding Related to Construction NO, and PM o Emissions Implementation of mitigation measures AQ-1 to AQ-15, below, will substantially lessen the adverse construction impacts of the One Broadway Plaza project related to NO, and PMIo. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. AQ-1 Use low -emission mobile construction equipment where feasible. AQ-2 Water site and clean equipment morning and evening to comply with AQMD, Fugitive Dust Measures BCM-03 and BCM-06. As part of the conditions of grading permit approval, the project shall water the construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice daily. AQ-3 Wash off trucks leaving the site to comply with AQMD Fugitive Dust Measure BCM- 01. As part of the conditions of grading permit approval, project construction contractors shall wheel wash construction equipment and cover dirt in trucks during on- U/vfregoso/wp51/reports/0ne Broadway final findings Page 9 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support ofFindings road hauling. This measure is already included in the particulate emission projections in the report. Haul trucks leaving the site shall also have a minimum freeboard distance of 12", or cover payloads. AQ-4 Sweep streets if silt is carried over to adjacent public thoroughfares. AQ-5 Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. AQ-6 Suspend grading operations during first and second stage smog alerts. AQ-7 Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. AQ-8 Maintain construction equipment engines by keeping them tuned. AQ-9 Where feasible use low sulfur fuel for stationary construction equipment. AQ-10 Where feasible utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. AQ-11 Provide on -site power sources during the early stages of the project. AQ-12 Where feasible, use low emission on -site stationary equipment (e.g. clean fuels). AQ-13 Spread soil binders on site, unpaved roads and parking areas. AQ-14 Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas which remain inactive for 96 hours). AQ-15 Reestablish groundcovers on construction site through seeding and watering of the site that will not be disturbed for lengthy periods (such as two months or more). 4.1.1.4 Level of Significance of Impacts Related to Construction NO, and PMIo Emissions The short term adverse impacts of the One Broadway Plaza project related to NO, and PM]o emissions during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts 4.1.2.1 Potentially Significant Adverse Impact Related to Long Term NO, Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in adverse air quality impacts related to NO, emissions during long term operations. 4.1.2.2 Finding Related to Long Term NO, Emissions U1vfregoso/wp51/reports/One Broadway final findings Page 10 June 28, 2004 One Broadway Plaza Environmental Imvac Findings and Facts in Support ofFindings 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. 4.1.2.3 Facts in Support of the Finding Related to Lone Tenn NOx Emissions Implementation of mitigation measures AQ-16 to AQ-32, below, will substantially lessen the adverse operations impacts of the One Broadway Plaza project related to long term emissions of NO,. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. AQ-16 Schedule truck deliveries and pickups during off -peals hour. AQ-17 Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. AQ-18 Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. AQ-19 Provide on -site services. AQ-20 Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. AQ-21 Install energy efficient street and parking lot lighting. AQ-22 Comply with the AQMP Miscellaneous Sources PRC-03 to reduce emissions of restaurant operations. Introduce efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units. Also, incorporate appropriate passive solar design and solar heaters. This measure is intended to reduce VOC and PMio emissions. AQ-23 Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. AQ-24 Provide local shuttle and transit shelters and ridematching services to comply with Advanced Transportation Technology ATT-02. AQ-25 Ensure efficient parking management. AQ-26 Provide preferential parking to high occupancy vehicles and shuttle services. Also, designate additional car pool or vanpool parking. AQ-27 Employers should provide variable work hours and telecommuting to employees to comply with Advanced Transportation Technology ATT-01. AQ-28 Provide dedicated parking spaces with electrical outlets for electrical vehicles. U/vfregoso/wp51/reports/0ne Broadway final findings Page 11 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support of Findings AQ-29 Employers should provide ridematching, guaranteed ride home, or car pool or vanpool to employees as a part of the TDM program and to comply with the AQMP Transportation Improvements TCM-01 measure. AQ-30 Employers should provide compensation, prizes or awards to ridesharers. AQ-31 The City should synchronize traffic signals in the vicinity of the project site. AQ-32 Introduce window glazing, wall insulation, and efficient ventilation methods. 4.1.2.4 Level of Significance of Impacts Related to Long Term NO Emissions The adverse impacts of the One Broadway Plaza project related to long term NO, emissions during operations cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality 4.1.3.1 Potentially Significant Cumulative Adverse Impact Related to Air Quality The South Coast Air Basin (Basin) is currently in nonattainment for the state ambient air quality standards (AAQSs) for ozone, carbon monoxide and particulate matter (<10 microns). The One Broadway Plaza project will contribute additional pollutants to the Basin. The project would exceed the AAQS construction emission thresholds for NOx and PM10 and the AAQS during operations for NO.. The other approved and proposed projects in the area are anticipated to include mitigation that would reduce impacts related to air quality to below a level of significance for some of those cumulative projects. Because the Basin currently exceeds the AAQS for these air pollutants and because the One Broadway Plaza project would result in significant levels of air pollution, above the AAQS for construction emission for NOx and PM10 and for NO, during operations, the project is anticipated to contribute to significant adverse short term cumulative NOx and Min and long term cumulative NOx impacts related to air quality. 4.1.3.2 Finding Related to Cumulative Air Quality 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. 4.1.3.3 Facts in Support of the Finding Related to Cumulative Air Quality The implementation of mitigation measures AQ-1 to AQ-32, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction emissions of NO, and PM10 and operations related emissions of NO.. However, these measures will not reduce these significant adverse impacts of the project to below a level of significance. Therefore, the One Broadway Plaza project will contribute cumulatively to adverse air quality impacts in the Basin. U1vfregoso/wp5l1reports/One Broadway final findings Page 12 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support of Findings 4.1.3.4 Level of Significance of Impacts Related to Cumulative Air Quality The contribution of the One Broadway Plaza to cumulatively adverse impacts related to construction and operations NO, emissions and construction related PM10 emissions cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation 4.1.4.1 Potentially Significant Adverse Impacts Related to Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the proposed One Broadway Plaza project will result in adverse impacts as a result of long term operation. 4.1.4.2 Finding Related to Transportation 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. and Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.4.3 Facts in Support of the Finding Related to Transportation Impacts to Streets Main Street (17th Street to I't Street). Mitigation measures to reduce potential traffic along Main Street between 17`h Street and la` Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts along Main Street, mitigation measures T-5 and T-6 are required. T-5 Main Street, between 17`h Street and Civic Center Drive, shall have all on -street parking stalls and parking meters removed and Main Street shall be re -striped to provide a third northbound through lane within the existing right-of-way. The developer shall pay all costs associated with re -striping and removing existing parking meters. T-6 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing souhbound right -turn lane at the intersection of Main Street and 17` Street. Broadway Street (Santa Clara Avenue to I" Street). Mitigation measures to reduce potential traffic impacts along Broadway Street between Santa Clara and ls` Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts U/vfregoso/wp51/reports/One Broadway final findings Page 13 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report, associated with their implementation. To help minimize impacts along Broadway Street, mitigation measure T-7 is required. T-7 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing southbound right -turn lane at the intersection of Broadway Street and 17th Street. Impacts to Intersections Main Street & 171h Street. Mitigation measures to reduce potential traffic impacts at the intersection of Main Street and 17th Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measures T-4, T-5 and T- 6 are required. Mitigation measures T5 and T6 were provided earlier. Mitigation measure T4 is provided below. T-4 Main Street, between 17th Street and the I-5 ramps, shall have all on -street parking stalls and parking meters removed, and Main Street shall be restriped to provide three northbound and two southbound travel lanes. The project proponent shall pay all costs (design, construction, administration and inspection) associated with these removals and re -striping when building permits are issued. Broadway & 17th Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 171h Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T-7, provided earlier, is required. Main Street & Washington Avenue. Mitigation measures to reduce potential traffic impacts at the intersection of Main Street and Washington Avenue to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T-1 is required. T-1 The developer shall pay all costs (design, construction, administration and inspection) for Washington Avenue and loth Street to operate as one-way streets which include signal modifications and appropriate protected left -turn signal at Main Street/Washington Avenue, Main Street/101h Street, Washington Avenue/Sycamore Street, Broadway Street/Washington Avenue and Broadway Street/l Oth Street. Broadway Street & 4ch Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 4th Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. 1st Street and Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of 1st Street and Flower Street to a level considered less than significant have been U1vfregoso/wp51/reports/0ne Broadway final findings Page 14 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Santa Ana Boulevard & Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of Santa Ana Boulevard and Flower Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Fairview Street & Iet Street. Mitigation measures to reduce potential traffic impacts at the intersection of Fairview Street and 1 et Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. 4.1.4.4 Level of Significance of Impacts Related to Transportation and Cumulative Transportation The adverse impacts of the One Broadway Plaza project related to transportation at the following two street segments and seven intersections cannot be mitigated to below a level of significance when considering only the project impact or cumulatively when the project is considered with other ongoing and planned development: Main Street (17th Street to let Street) Broadway Street (Santa Clara Avenue to tat Street) Main Street & 17t Street Broadway & 17th Street Main Street & Washington Avenue Broadway Street & 4th Street 1st Street and Flower Street Santa Ana Boulevard & Flower Street Fairview Street & 1st Street 4.1.5 Impacts Related to Utilities and Service Systems 4.1.5.1 Potentially Significant Adverse Impact Related to Television Reception The project will interfere with the transmission of television signals from area television stations as discussed in Section 3.10 (Utilities and Service Systems) in the EIR. 4.1.5.2 Finding Related to Television Reception Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. U/vfregoso/wp51/reports/0ne Broadway final findings Page 15 June 28, 2004 One Broadway Plaza Environmental Imvac Findings and Facts in Support of Findings 4.1.5.3 Facts in Support of the Finding Related to Television Rece tp ion For residential uses which do not have cable television, area television reception will be impacted because the project will interfere with television transmission from area television stations. It is anticipated that the proposed project will interfere with commercial and public station television signals for those living south and east of the project site because these signals are transmitted from hills in the Los Angeles northwest of the project site. This is an unavoidable adverse impact of the project because 70 percent of Santa Ana residents rely on television antennas to receive broadcast television signals. No mitigation for this impact is proposed. 4.1.5.4 Level of Significance of Impacts Related to Television Reception The interference with television reception is an unavoidable adverse impact which cannot be mitigated below a level of significance because mitigation is not possible. 4.1.6 Impacts Related to Aesthetics 4.1.6.1 Potentially Significant Adverse Impact Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the One Broadway Plaza project will result in adverse impacts in the areas of land use scale and shade, and shadow impact. 4.1.6.2 Finding Related to Aesthetics Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.6.3 Facts in Support of the Finding Related to Aesthetics The 37-story office tower would exceed the height, mass and scale of existing structures on and near the site. The contrast in height, mass and scale of the parking structure and tower relative to existing buildings on and near the site cannot be mitigated. The contrast would be a significant adverse visual impact on the site and surrounding area. Residential uses in the areas north of Washington Avenue, east of Sycamore Street and west of Broadway Street would be considered sensitive to additional amounts of shade because of the use of the outdoor areas at these residences. Loss of sunlight would affect these uses during winter and summer mornings and evenings. These areas will receive a half hour more of shade as the shadow cast by the project office building and parking garage moves as the sun moves in the sky. During the winter and summer months, this additional shading would be a significant adverse impact which cannot be mitigated. U/vJiegoso/wp51/reports/0ne Broadway final findings Page 16 June 28, 2004 One Broadway Plaza Environmental Imvac Findings and Facts in Support of Findings 4.1.6.4 Level of Significance of Impacts Related to Aesthetics The land use scale and shadow impact of the One Broadway Plaza cannot be mitigated to below a level of significance because mitigation is not possible. 4.1.7 Impacts Related to Cultural and Historic Resources 4.1.7.1 Potentially Significant Adverse Impact Related to Cultural and Historic Resources As described in detail in Section 3.12 (Cultural Resources) in the EIR, the proposed One Broadway Plaza project will result in adverse impacts due to the relocation or demolition of two historic homes on Broadway Street which are listed in the City of Santa Ana Register of Historic Property. 4.1.7.2 Finding Related to Cultural and Historic 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. 4.1.7.3 Facts in Support of the Finding Related to Cultural and Historic Resources The Yale Apartments (1009 North Broadway Street) and the Twist -Basler House (1015 North Broadway Street) were determined to meet the designation criteria in Section 30-2 of the Santa Ana Municipal Code and were placed on the City of Santa Ana Register of Historic Property in December 1998. Implementation of mitigation measures CR-I, CR-2 and CR-9, below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to cultural and historic resources. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. CR-1 Relocation of Historic Resources at 1007-1009 North Broadway (Yale Apartments). The historical resources proposed for demolition as part of the proposed One Broadway Plaza project should be made available for relocation as follows: A. The availability of the Yale Apartments for relocation shall be noticed by posting a sign at a location that is visible from the public right-of-way and by advertising in at least one newspaper with a local circulation. These forms of notification shall persist at least 14 days; B. The buildings shall be made available free of charge for at least 60 days; C. Plans for the relocation of the buildings shall be submitted to and evaluated by the City Council; D. If the City of Santa Ana Planning Commission approves the relocation plan, the applicant has 30 days to remove the building(s) from the project site. If the building(s) U1vfregoso/wp5l1reports/0ne Broadway final findings Page 17 June 28, 2004 One Broadway Plaza Environmental hnpac Findings and Facts in Support of Findings are not removed at the end of the 30 days, they may be demolished after they have been documented, as required in measure CR-2; and E. The length of this process shall endure for no more than 240 days from the date a demolition application is submitted. CR-2 Recordation of Historic Resources for 1007-1009 North Broadway (Yale Apartments). Although the demolition of an historical resource carmot be mitigated to below a level of significance, the following actions are important for documenting their loss for posterity. In the event the Yale Apartments are not relocated, they shall be documented, prior to the issuance of a demolition permit, in a report consistent with Historic American Buildings Survey (HABS) standards. That report shall document the significance and physical condition of the buildings proposed for demolition, both historic and current, photographs, written data and text. The report and historic survey must be completed by a person technically trained in the HABS methods. This documentation shall include: A. A brief written historic and descriptive report in narrative format, including an architectural data form; B. A site plan on 8" x I V paper shows the location of the building. This site plan shall include a photo -key. The site plan will include appropriate measurements; C. A sketch floor plan on 8" x I V paper shall accompany each architectural data form; D. Large format (4" x 5" or larger negative size) photographs in accordance with the HABS guidelines. Views shall include several contextual views, all exterior elevations, detailed views of significant exterior architectural features and interior views of significant historical architectural features or spaces (if any). All photographs will be black and white, will include captions and will be listed in a separate index; E. Field photographs (35mm) based on the HABS guidelines. Views as detailed in large format photographs. All photographs will be black and white, will include captions and will be listed in a separate index; F. The report shall include copies or prints of any available original plans and historic photographs; G. Archivally stable reproductions of any available significant historic construction drawings and photographs; and H. Archival copies of the documentation shall be submitted to the City of Santa Ana. L In addition to the documentation identified above, the documentation shall include U/vfregoso/wp51/reports/One Broadwayfinal findings Page 18 June 28, 2004 One Broadway Plaza Environmentallmoac Findings and Facts in Support of Findings • Elevations of all sides of the buildings on minimum 19" x 24" mylar and waterproof ink, copied and reduced to 8.5" x 11" on archival bond. • Floor plan with measurements. • Site plan should also include measurements. • Photographically must include a separate index and captions and all photos should be black and white. J. All survey information must be performed by a person technically trained in HABS methods. CR-9 Relocation for Resources listed on the City of Santa Ana Register of Historical Property at 1015 North Broadway (Twist -Basler House). The developer shall relocate the structure located at 1015 North Broadway to a City approved location. Further, the structure shall be placed on a permanent foundation, have all utility services connected/operational and be rehabilitated to City standards. 4.1.7.4 Level of Significance of Impacts Related to Cultural and Historic Resources The adverse impacts of the project related to the removal of three historic structures and the changes to the setting of the historic structures cannot be mitigated to below a level of significance. Therefore, the One Broadway Plaza project will result in significant adverse impacts on historical resources that cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CAN BE MITGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza 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 noted mitigation measures. 4.2.1 IMPACTS RELATED TO TOPOGRAPHY, GEOLOGY AND SOILS 4.2.1.1 Potentially Significant Adverse Impacts Related to Topography, Geology and Soils As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, the One Broadway Plaza project will impact existing topography and soils on the project site. U/vfregoso/wp51/reports/One Broadway final findings Page 19 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report 4.2.1.2 Findings Related to Topography, Geology and Soils Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.1.3 Facts in Support of the Findings Related to Topography and Soils Implementation of mitigation measures G-1 and G-2, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to topography and soils, and will reduce these potentially significant adverse impacts to below a level of significance. G-1 The design for the project will comply with all provisions of the Preliminary Geotechnical Feasibility Investigation performed by Zeiser Kling Consultants and their Addendum Recommendations, including recommendations for grading, removal and recompaction of soils, foundations, settlement, pile foundations, design criteria, seismic design, retaining walls, ferrous corrosion, surface drainage, pavement design, concrete hardscape, soldier pile/logging system and supplemental investigations. G-2 Prior to acquiring a grading permit for project construction, the developer will prepare a Final Geology and Soils Report, to specifically assess the following: The shrink -swell potential of potentially expansive soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. ii. The potential for compressible soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. The recommendations from the Final Geology and Soils Report will be incorporated into the grading plan for the project. 4.2.1.4 Level of Significance of Impact Related to Topography and Soils The adverse impacts of the One Broadway Plaza project related to topography and soils will be mitigated to below a level of significance. 4.2.2.1 Potentially Significant Adverse Impact Related to Fugitive Dust As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, construction of the One Broadway Plaza project will create dust. U/vfregoso/wp51/reports/0ne Broadwayfinal findings Page 20 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report 4.2.2.2 Findings Related to Fugitive Dust Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.2.3 Facts in Support of the Finding Related to Fugitive Dust Implementation of mitigation measure G-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to fugitive dust, and will reduce these potentially significant adverse impacts to below a level of significance. G-3 Prior to obtaining a grading permit for project construction, the Final Geology and Soils Report will specifically assess grading control with special emphasis on controlling fugitive dust which could be generated during site preparation, grading and construction. The reports will specifically provide for establishing procedures for dust control and monitoring so that unacceptable levels of dust do not escape from the site. These dust control measures will be coordinated with the dust control measures described in Section 3.4 (Air Quality). The standards and procedures developed in the reports will be incorporated into the grading plan to be followed by the project developer. 4.2.3.1 Potentially Significant Adverse Impact Related to Seismicity As described in detail in Section 3.2 (Topography, Geology and Soils) in the FIR, construction the One Broadway Plaza project will be subject to future seismic activity. 4.2.3.2 Findings Related to Seismicity Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Seismicity Implementation of mitigation measure G-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to seismicity, and will reduce these potentially significant adverse impacts to below a level of significance. G-4 All structures to be erected on the One Broadway Plaza site will be designed in accordance with the seismic design provisions in the Final Geology and Soils Report and of the Uniform Building Code to promote safety in the event of such an earthquake. 4.2.4.1 Potentially Significant Adverse Impact Related to Groundwater U/vfregoso/wp51/reports/One ,Broadway final findings Page 21 June 28, 2004 One Broadway Plaza Findings and Facts in Support oJ'Findings Environmental Impact Report As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, foundation piles could introduce contaminants such as drilling oil or construction materials into the Orange County Groundwater Basin. 4.2.4.2 Findings Related to Groundwater Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.4.3 Facts in Support of the Finding Related to Groundwater Implementation of mitigation measure G-5, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to. groundwater, and will reduce these potentially significant adverse impacts to below a level of significance. G-5 During final design, the developer will consult with the Orange County Water District and the Regional Water Quality Control Board, Santa Ana, regarding intrusion of foundation piles into the Orange County Groundwater Basin. The project applicant will solicit the appropriate permits and approvals from the OCWD and the RWQCB for the anticipated intrusion of the foundation piles into the Groundwater Basin and will incorporate measures identified by those agencies in the final design and construction specifications for the project. 4.2.2 IMPACTS RELATED TO HYDROLOGY AND WATER QUALITY 4.2.5.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Quality As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, construction of the project may generate surface runoff with pollutants that could impact area receiving waters. 4.2.5.2 Findings Related to Hydrology and Water Quality Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.5.3 Facts in Support of the Finding Related to Hydrology and Water Quality Implementation of mitigation measures W-1 to W-6, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction related activities which may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W-1 Prior to the issuance of a grading permit for the project: U/vfregoso/wp51/reports/0ne Broadway final findings Page 22 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report - The developer will prepare and submit a Notice of Intent (NOl) to the State Water Resources Control Board (SWRCB). The developer will submit the NOI and the project Water Discharge Identification Number (WDIN) to the City of Santa Ana City Engineer. The developer will prepare a Stormwater Pollution Prevention Plan (SWPPP) and will submit the SWPPP to the City Engineer for review and comment. The developer will maintain the SWPPP on the construction site throughout the construction period. W-2 During all site preparation, grading and construction, the project contractors will comply with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). The project contractors will incorporate Best Management Practices (BMPs) from the DAMP and LIP and will W-3 During all site preparation, grading and construction, the construction contractors will be responsible for implementing the SWPPP provisions. The SWRCB is responsible for monitoring and enforcing the provisions of the SWPPP. In addition, the City Engineer will monitor and enforce these provisions during all site preparation, grading and construction, as appropriate, to ensure the SWPPP is properly implemented. W-4 Prior to the issuance of grading permits, the Project Developer shall provide for the review and approval of the Director of Public Works a Water Quality Management Plan (WQMP) prepared for the project consistent with the Orange County Drainage Area Management Plan. The WQMP shall contain provisions and BMPs for both construction and operating conditions. Refer also to mitigation measure G-5, above, in Section 3.2 (Topography, Geology and Soils) which addresses mitigation for potential adverse impacts on groundwater related to the foundation piles for the project structures. 4.2.6.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Quality As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, operation of the project may create runoff water containing pollutants that could impact area receiving waters. 4.2.6.2 Findings Related to Hydrology and Water Quality Changes or alterations have been required in, or incorporated into, the proposed One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Hydrology and Water Quality Implementation of mitigation measures W-5 to W-8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to operational activities which U/vfregoso/wp51/reports/One Broadway final findings Page 23 June 28, 2004 One Broadway Plaza Environmental lmnac Findings and Facts in Support of Findings may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W-5 Prior to the issuance of grading permits, the Project Developer shall submit a final drainage plan for the proposed One Broadway Plaza project for review and approval by the City Engineer. W-6 Prior to the issuance of the first building permit, the Project Developer shall pay the City's drainage impact fee. W-7 During operation of the proposed project, the Project Owner/Operator shall ensure that all pest control, herbicide, insecticide and other similar substances used as part of maintenance of project features are handled, stored, applied and disposed consistent with all applicable federal, state and local regulations. The City Engineer shall monitor and enforce this provision. W-8 Prior to the issuance of grading permits, the City Engineer shall verify that structural BMPs have been permanently incorporated into project plans by the applicant. Such BMPs shall ensure that pollutants from project -related stone water are mitigated consistent with applicable state and local standards. 4.2.3 IMPACTS RELATED TO AIR QUALITY 4.2.3.1 Potentially Significant Adverse Impacts Related to Short Term Air Quality As described in detail in Section 3.3 (Air Quality) in the EIR, the project will result in short tern construction related air quality impacts. 4.2.3.2 Findings Related to Short Term Air Qualitypacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Short Term Air Qualitypacts Implementation of mitigation measures AQ-1 to AQ-15, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to short term air quality and will reduce these potentially significant adverse impacts to below a level of significance, except for short term to NOx and PM10, as described earlier. 4.2.3.1 Potentiall}_Significant Adverse Impacts Related to Long Term Air Quality Impacts As described in detail in Section 3.4 (Air Quality) in the EIR, long tern operation of the project would generate air quality pollutants. U/vfregoso/wp51/reports10ne Broadway final findings Page 24 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings ,Environmental Impact Report 4.2.3.2 Findings Related to Long Term Air Quality Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Long Term Air Quality Impacts Implementation of mitigation measures AQ-16 to AQ-32, provided above, will substantially lessen the adverse impacts of the One Broadway Plaza project related to long term air quality and will reduce these potentially significant adverse impacts to below a level of significance, except for to NO,, as described earlier. 4.2.4 IMPACTS RELATED TO SURFACE TRANSPORTATION 4.2.4.1 Potentially Significant Adverse Impacts Related to Surface Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project may impact surface transportation routes adjacent to or in the vicinity of the project site. In addition, the project may impact surface transportation routes in the Willard, French Court and French Park neighborhoods. 4.2.4.2 Findings Related to Surface Transportation Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.4.3 Facts in Support of the Finding Related to Surface Transportation lmpacts Implementation of mitigation measures T-1 to T-17 will substantially lessen the adverse impacts of the One Broadway Plaza project related to surface transportation, and will reduce many of these potentially significant adverse impacts to below a level of significance. Some traffic impacts are still significant after mitigation, as described earlier. Measures T-1, T-4, T-5, T-6 and T-7 were provided earlier. The remaining traffic measures are provided below. T-2 The project proponent shall pay for all costs for the installation of a roundabout at the intersection of Sycamore Street and loth Street. T-3 The project proponent shall pay all costs to install pedestrian crosswalks and a refuge area at the intersection of Sycamore Street and loth Street where a roundabout is to be constructed. The project developer shall be required to pay all costs (design, construction, administration and inspection) for these mitigation measures, as they are part of the roundabout as stated in T-2. Ulvfregosolwp51/reports/One Broadway final findings Page 25 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support ofFindings T-8 Westbound Santa Clara Avenue shall be re -striped at Broadway Street to provide one left turn lane and one shared left turn/right turn lane. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re -striping when project building permits are issued. T-9 Northbound Grand Avenue from Fruit Street to 14th Street shall be re -striped at Santa Ana Boulevard/I-5 HOV ramps to provide three northbound travel lanes. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re -striping when project building permits are issued. T-10 I-5 northbound off -ramp shall be re -striped to provide a westbound left turn lane, a shared left tum/right turn lane and a right turn lane at Grand Avenue. The project developer shall pay all costs (design, permitting, construction, administration and inspection) when building permits are issued. T-11 A new traffic signal shall be installed at the intersection of Main Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when project building permits are issued. T-12 A new traffic signal shall be installed at the intersection of Santa Ana Boulevard and French Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System. shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building permits are issued. T-13 A new traffic signal shall be installed at the intersection of Sycamore Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building permits are issued. T-14 The project proponent shall pay the appropriate City Transportation System Improvement fee to help offset the One Broadway Plaza Projects' impact on the City of Santa Ana street system. T-15 The developer should coordinate with the Orange County Transportation Authority (OCTA) to identify ways to enhance transit use by tenants of One Broadway Plaza. The project developer shall install a bus stop, bus transit or any other transit related improvements if requested by the OCTA. T-16 The project proponent shall satisfy the relevant requirements of the City's TDM Ordinance, including conformity of site plans with facility standards specified in the TDM Ordinance, U/vfregosolwp51/reports/One Broadway final findings Page 26 June 28, 2004 One Broadway Plaza Environmental Imoac Findings and Facts in Support of Findings and submission and implementation of a TDM strategy plan and program. T-17 The project developer shall contribute to neighborhood traffic studies for the six neighborhoods evaluated in Section 3.5-8 (including before and after traffic counts) in order to assess any intrusion of project traffic into these neighborhoods. If traffic intrusion attributable to the project is identified, corrective measures will be identified. Depending on the potential impacts, examples of corrective measures could include; forced -turn channelization, semi-diverters, diagonal diverters and eul-de-sacs. If approved by the neighborhoods per the City's procedures for Neighborhood Traffic Plans, corrective measures will be implemented at a maximum cost to the developer of $200,000 per neighborhood. The funds to implement the improvements are directly payable to the City of Santa Ana prior to issuance of building permits. T-24 In order to minimize traffic from the One Broadway Plaza project from entering the French Park Neighborhood, the traffic diverters currently located in French Park shall become permanent (Added by the Planning Commission on February 23, 2004). T-25 Vehicles traveling westbound on Washington Avenue shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23, 2004). T-26 Vehicles traveling eastbound on Tenth Street shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23, 2004). 4.2.5 IMPACTS RELATED TO PARKING 4.2.5.1 Potentially Significant Adverse Impacts Related to Parking As described in detail in Section 3.5 (Transportation) in the EIR, unsafe sight distances may be created by the project. The proposed projects could result in adverse off site parking impacts. 4.2.5.2 Findings Related to Parking Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.5.3 Facts in Support of the Finding Related to Parking Impacts Implementation of mitigation measures T-18 and T-19, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T-18 The project parking garage entrances/exits shall be designed to meet City sight distance standards. A new landscaped median shall be constructed at the intersection of Broadway and the parking structure egress to restrict left turn movements of vehicles exiting on U1vfregoso/wp5l1reports/0ne Broadway final findings Page 27 June 28, 2004 One Broadway Plaza Environmental Imoac Findings and Facts in Support ofFindings Broadway subject to the review and approval of the City Engineer. The project proponent shall pay all costs associated with this median prior to building permits being issued. T-19 To assure use of onsite parking as intended, the project CC&Rs will require that all commercial tenant leases specify that employees must park onsite within the One Broadway Plaza parking garage. In addition, the property manager will require that parking personnel patrol adjoining properties on a daily basis to enforce such lease provisions. This daily patrol will be performed by a uniformed parking employee driving a utility vehicle that will be signed to identify it as a part of the One Broadway Plaza Management. The areas to be patrolled will be marked on a grid map of the streets surrounding One Broadway Plaza. 4.2.6 IMPACTS RELATED TO PEDISTRIAN ACCESS 4.2.6.1 Potentially Significant Adverse Impacts Related to Pedestrian Access As described in detail in Section 3.5 (Transportation) in the EIR, the project may adversely impact pedestrian access in the vicinity of the project site during project construction. 4.2.6.2 Findings Related to Pedestrian Access Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Pedestrian Access Impacts Implementation of mitigation measures T-20, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T-20 The project developer shall provide pedestrian access around the project site during project construction activities and post appropriate signs around the site directing pedestrians to use the sidewalks across the street from the project site. Permanent sidewalks shall be installed around the project site to provide for pedestrians access to the site. 4.2.7 IMPACTS RELATED TO AIR TRANSPORTATION 4.2.7.1 Potentially Significant Adverse Impacts Related to Air Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project office building may interfere with flights into John Wayne Airport (JWA) and other area airports. In addition, the helipad on the office building may interfere with flights into JWA and other area airports. U/vfregoso/wp51/reports/0ne Broadway final findings Page 28 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environinental Impact Report 4.2.7.2 Findings Related to Air Transportation Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.7.3 Facts in Support of the Finding Related to Air Transportation Dupacts Implementation of mitigation measures T-21 to T-23, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to air transportation and will reduce these potentially significant adverse impacts to below a level of significance. T-21 Prior to approval of the project plans, the project proponent will file a Notice of Proposed Construction or Alteration .with the Federal Aviation Administration (FAA). Conditions placed on the project by the FAA will be incorporated in the final design and construction of the project office tower. T-22 Prior to approval of the project plans, the project proponent shall take the project to the Orange County Airport Land Use Commission for a review and consistency determination. T-23 After certification of the project Final EIR, the project proponent shall apply to the Caltrans Aeronautics Department for a State Heliport Permit, 4.2.8 IMPACTS RELATED TO HAZARDOUS MATERIALS 4.2.8.1 Potentially Significant Adverse Impacts Related to Hazardous Materials As described in detail in Section 3.6 (Hazardous Materials) in the EIR, demolition activities could release asbestos containing building materials and lead based paint into the atmosphere. In addition, hazardous materials maybe used in the construction and operation of the project. 4.2.8.2 Findings Related to Hazardous Materials Im acts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.8.3 Facts in Support of the Finding Related to Hazardous Materials Impacts Implementation of mitigation measures HZ-1 to HZ-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to hazardous materials, and will reduce these potentially significant adverse impacts to below a level of significance. HZ-1 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of asbestos -containing materials prior to the issuance of demolition permits for the site. The demolition contractor may submit copies U/vfregoso/wp51/reports/0ne Broadway final,fndings Page 29 June 28, 2004 One Broadway Plaza Environmental Imuac Findings and Facts in Support of Findings of asbestos inspection reports for the site already prepared to satisfy SCAQMD Rule 1403 to fulfill this requirement. HZ-2 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of lead -based paint prior to the issuance of demolition permits for the site. Building inspection reports already prepared by the contractor to satisfy Cal -OSHA worker safety requirements may be submitted to fulfill this mitigation measure. HZ-3 Any use of hazardous materials or generation of hazardous wastes on the proposed project site must be conducted in accordance with applicable federal, state and local regulations. 4.2.9 IMPACTS RELATED TO NOISE 4.2.9.1 Potentially Significant Adverse Impacts Related to Noise As described in detail in Section 3.7 (Noise) in the EIR, construction of the project may generate noise that would impact existing land uses on and adjacent to the project site. In addition, exterior noise from area land uses and street traffic will impact the project site. 4.2.9.2 Findings Related to Noise Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.9.3 Facts in Support of the Finding Related to Noise Impacts Implementation of mitigation measures N-1 to N-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction and operations noise and will reduce these potentially significant adverse impacts to below a level of significance. N-1 Project construction shall be limited to the hours of 7 a.m. to 8 p.m. on Monday through Friday and from 8 a.m. to 8 p.m. on Saturday. . Construction shall not be allowed on Sunday or federal holidays (Added by the Planning Commission on February 23, 2004). N-2 Temporary noise barriers shall be installed between the project construction area and adjacent residents. These noise barriers may include the use of leaded blankets, an acoustic blanket or several layers of plywood. 'Bravo' acoustic blankets may also be used. Barriers should be 16 to 20 feet high. N-3 The commercial buildings in the project will require mechanical ventilation to keep outside noise from entering the interior of these buildings. The central ventilation systems for the buildings shall allow for sufficient ventilation so that office windows can be closed. Air conditioning units may be adequate for mechanical ventilation as long as U/vfregoso/wp51/reports/One Broadway final findings Page 30 June 28, 2004 One Broadway Plaza Environmental Imvac Findings and Facts in Support of Findings they meet the ventilation requirements of the UBC. This shall be coordinated with the project's mechanical engineer. N-4. Prior to any site preparation, grading or construction, the project contractor will provide the Principals at the Orange County High School of the Arts and the El Sol Arts and Science Academy with the project construction schedule indicating the type of construction activity and duration. The project construction schedule shall address all construction activity from the start of the project to completion. 4.2.10 IMPACTS RELATED TO PUBLIC SERVICES 4.2.10.1 Potentially Significant Adverse Impacts Related to Public Services As described in detail in Section 3.9 (Public Services) in the EIR, implementation of the project would increase the demand for police protection services and fire and emergency medical services. In addition, the project will generate additional students who would attend schools in the SAUSD. These schools are already overcrowded. School children walking by the project site could wander onto the site and be injured while the project is under construction. 4.2.10.2 Findings Related to Public Services Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.10.3 Facts in Support of the Finding Related to Public Services Impacts Implementation of mitigation measures PS-1 to PS-12, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to public services, and will reduce these potentially significant adverse impacts to below a level of significance. PS-1 The design of the project parking structure shall conform to the City of Santa Ana Police Department's design standards for parking structures. PS-2 The design of the project shall include on -site office spaces for the SAPD which will be shared with any on -site security staff. Two designated parking spaces will be provided for the SAPD near the main entrance of the proposed One Broadway Plaza project. PS-3 Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the proposed project to the SAFD. The plan will be consistent with SAFD Fire Code requirements. Also, the project developer shall provide evidence to the SAFD that the proposed fire protection services will be adequate to serve the proposed project development. A fire exit shall be provided in the office building along with adequate fire protection facilities and equipment to serve the proposed 37-story office building. U/vfregoso/wp51/reports/One Broadway final findings Page 31 June 28, 2004 One Broadway Plaza Environmental NDac Findings and Facts in Support of Findings PS-4 Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the project to the SAFD. This plan will show that emergency vehicle access to the project site is adequate. Emergency access will be provided on Washington Avenue and Sycamore Street. PS-5 The final design of the project shall include fire sprinklers in the office building and parking garage at locations specified by the SAFD. The project shall also conform to all applicable SAFD fire protection and access requirements. PS-6 The final design of the project shall include fire hydrants at locations specified by the SAFD. PS-7 The project developer shall notify the SAFD and SAPD when the office building heliport is operational. PS-8 The project developer shall contribute a fair share amount to have an emergency vehicle preemption detector placed on the existing traffic signal arm at the intersection of Broadway Street and 10`h Street, Broadway Street and Washington Avenue and Washington Avenue and Sycamore Street. These detectors shall also be placed on any other traffic signal and modified as part of this project. PS-9 The project developer shall incorporate a repeater in the design of the project to prevent interference with Police and Fire Department radio signals. PS-10 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 SAUSD to offset school facility related impacts. PS-11 The project site and sidewalks adjacent to the site shall be properly barricaded to prevent unauthorized access to the site during project construction activities (Added by the Planning Commission on June 14, 2004). PS-12 The Principals at Willard Intermediate School, the Orange County High School of Arts, El Sol Science and Arts Academy and Davis Elementary School shall be notified by the project developer before project construction begins that students may be required to use sidewalks on the opposite sides of streets to avoid project construction activities and closure of the sidewalks adjacent to the project site (Added by the Planning Commission on June 14, 2004). PS-13 The project developer shall submit to the Santa Ana Unified School District a School Access Plan that provides for the safe passage of students to and from Willard Intermediate School and the Orange County High School of the Arts. The plan shall be subject to approval by the Santa Ana Unified School District before construction activities are initiated. The School Access Plan shall include, but not be limited to: Uvfregoso/wp5l1reports/0ne Broadway final findings Page 32 June 28, 2004 One Broadway Plaza Environmental [mpac Findings and Facts in Support of Findings • The closure of the sidewalks on Washington Avenue, Tenth Street, Sycamore Street and Broadway adjacent to the project site. Appropriate signs shall be posted that the sidewalks are closed and pedestrians are directed to use sidewalks on the opposite sides of the streets. • Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimizing trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. • The posting of a flag person at the entrance(s) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. • The funding of crossing guards at the intersection of Washington Avenue and Broadway, Washington Avenue and Sycamore Street, Tenth and Sycamore Streets and Tenth Street and Broadway. Crossing guards shall be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined to be necessary by the principal of the Orange County High School of the Arts (OCHSA), provide crossing guards at the intersection of Sycamore and Tenth Streets when special daytime performances are held at the OCHSA auditorium. • Provide sufficient written notice of commencement and completion of project construction activities to the principals of Willard Intermediate School and the Orange County High School of the Arts. • Provide the name and telephone number of a contact person who is knowledgeable about the project for the developer and construction contractor for use by the principals of Willard Intermediate School and the Orange County High School of the Arts (Added by the Planning Commission on June 14, 2004). 4.2.11 IMPACTS RELATED TO UTILITIES AND SERVICES SYSTEMS 4.2.11.1 Potentially Significant Adverse Impacts Related to Utilities and Service Systems As described in detail in Section 3.10 (Utilities and Services Systems) in the EIR, implementation of the project will increase the demand for electricity, natural gas, cable television, telephone and solid waste services. The project will create a need for more water and will generate an additional amount of wastewater. In addition, runoff from the site could impact the existing area storm drain system. The project will require the abandonment of a water and sewer line in part of Sycamore Street and installation of replacement lines in Washington Avenue and 10t Street. U/vfregoso/wp51/reports/One Broadway final findings Page 33 June 28, 2004 One Broadway Plaza Environmental Imoac Findings and Facts in Support of Findings 4.2.11.2 Findings Related to Utilities and Service Systems Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.11.3 Facts in Support of the Finding Related to Utilities and Service Systems Impacts Implementation of mitigation measures U-1 to PS-10, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to utilities and service systems, and will reduce these potentially significant adverse impacts to below a level of significance. U-1 The project developer shall coordinate with SCE prior to construction to determine the exact location of all underground and overhead electrical facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all electric facilities and associated structures to be left on the project site from damage. U-2 All new electrical lines shall be placed underground as required by the City of Santa Ana. U-3 The project developer shall coordinate with SCGC prior to construction to determine the exact location of all underground natural gas facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all natural gas pipelines and associated structures to be left on the project site from damage. U-4 The project developer shall coordinate with Adelphia (formerly ComCast) prior to construction to determine the exact location of all underground cable facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing cable lines and associated structures to be left on the project site from damage. U-5 The project developer shall coordinate with Pacific Bell prior to construction to determine the exact location of all underground telephone facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing telephone lines and associated structures to be left on the project site from damage. U-6 Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that constriction -related waste generated on site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial use shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project office building. The project developer shall coordinate with City staff to develop appropriate recycling programs for this project. U-7 The project developer shall coordinate with the Santa Ana Water Utility prior to construction to determine the exact location of all existing underground water facilities and take action to prevent damage to these facilities to be left on the project site or interference UPofregoso/wp5l1reports/One Broadway final findings Page 34 June 28, 2004 One Broadway Plaza Environmental Intone Findings and Facts in Support of Findings with their operations. The project developer shall also pay their fair share amount for the necessary facilities to accommodate project -related water supplies. U-8 The project developer shall coordinate with CSDOC and the City of Santa Ana Public Works Department prior to construction to determine the exact location of all underground sewer facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all sewer lines and associated structures that will be left on the project site from damage. U-9 The project developer shall pay their fair share amount, as determined by the City of Santa Ana, to construct the proposed storm drain system serving the project site to Broadway Street in accordance with the City's Master Plan of Drainage. U-10 The project developer shall pay all costs for the construction of anew 8-inch waterline and a 6-inch sewer to be constructed within Washington Avenue and 10th Street to replace these lines abandoned in a portion of Sycamore Street. 4.2.12 IMPACTS RELATED TO AESTHETICS 4.2.12.1 Potentially Significant Adverse Impacts Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the project will create an additional amount of light that could impact adjacent land uses. 4.2.12.2 Findings Related to Aesthetics Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.12.3 Facts in Support of the Finding Related to Aesthetics Impacts Implementation of mitigation measure AS-1, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to light and glare, and will reduce these potentially significant adverse impacts to below a level of significance. AS-1 The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot candle power of light where possible, and will direct lighting towards the interior of the project site. U1vfregoso/wp5l1reports/0ne Broadway final findings Page 35 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report 4.2.13 IMPACTS RELATED TO HISTORIC RESOURCES 4.2.13.1 Potentially Significant Impacts Related to Historic Resources As described in detail in Section 3.11 (Cultural Resources) in the Draft EIR, the proposed project will result in the rehabilitation of the National Register eligible structure at 1103 North Broadway Street for use as office space. In addition, the proposed project will result in the renovation of structures at 1103, 1115-1117, 1205 and 1211 North Broadway, which are listed on the City's Register of Historical Property, for use as office space. 4.2.13.2 Findings Related to Historic Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.13.3 Facts in Support of the Finding Related to Historic Resources Impacts Implementation of mitigation measures CR-3 and CR-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to historic structures, and will reduce these potentially significant adverse impacts to below a level of significance. CR-3 Rehabilitation for National and California Register Eligible Resource at 1103 North Broadway Street (McNeill -Basler House). The One Broadway Plaza project proposes the rehabilitation of the McNeill -Basler House conform to the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995). The rehabilitation is for use as commercial space. Any rehabilitation must conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of Interior National Park Service 1995). The following actions ensure compliance with the required Standards of Rehabilitation for proposed modifications to the structure at 1103 North Broadway: A. The rehabilitation of the structure at 1103 North Broadway Street shall conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995); B. Detailed plans of the rehabilitation of the McNeill -Basler House shall be submitted to the City of Santa Ana for review and approval, prior to any changes to this structure. The City shall have a qualified architectural historian review and approve the plans and monitor the rehabilitation program, for consistency with the Standards for Rehabilitation; and U/vfregosolwp51/reports/One Broadway final findings Page 36 June 28, 2004 One Broadway Plaza Environmental lninac Findings and Facts in Support of Findings C. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program and certification that the building is rehabilitated in accordance with the Secretary's Standards shall occur prior to issuance of a building permit. CR-4 Rehabilitation for Resources Listed on the City of Santa Ana Register of Historical Property at 1103 North Broadway Street (McNeill -Basler House), 1109 North Broadway (Koenig House), 1115-1117 North Broadway (Macintosh Apartments), and 1211 North Broadway (Kelley House) shall be rehabilitated in their present locations. The One Broadway Plaza project proposes the rehabilitation of the structures at 1103, 1109, 1115-1117 and 1211 North Broadway Street for use as office space. These properties are all listed on the City of Santa Ana Register of Historical Property. Prior to any rehabilitation or modifications to the exteriors of these structures, other than painting, the project applicant must conform with the requirements of Ordinance No. NS-2338 (An Ordinance of the City Council of the City of Santa Ana Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance). Mitigation measure CR-3, above, requires compliance with the Secretary of the Interior's Standards for Rehabilitation for the proposed modifications to and rehabilitation of the structure at 1103 North Broadway Street. This satisfies the intent of Ordinance No. NS- 2338 for this structure. For the remaining structures listed above, the following apply: A. Plans for modifications or rehabilitation to the exteriors of these structures must be approved by the Planning Commission prior to any changes to these structures. It is recommended that the Secretary's Standards for Rehabilitation be used to avoid any adverse effects to these recognized local historical resources; and B. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program of the work, and shall require review and approval of the plans by a qualified architectural historian, and certification that the plans follow the design standards adopted by the City. 4.2.14 IMPACTS RELATED TO ARCHEOLOGICAL RESOURCES 4.2.14.1 Potentially Significant Adverse Impacts Related to Archaeological Resources As described in detail in Section 3.11 (Cultural Resources) in Draft EIR, unknown archaeological resources may be located on the project site which could be distributed and/or destroyed by project construction. In addition, there is a possibility that unknown human remains could be found on the project site. These remains could be disturbed during project construction. Ulvfregosolwp5llreports/One ,Broadway final findings Page 37 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report 4.2.14.2 Findings Related to Archaeological Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.14.3 Facts in Support of the Finding Related to Archaeological Resources Impacts Implementation of mitigation measures CR-5 to CR-8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to archaeological resources, and will reduce these potentially significant adverse impacts to below a level of significance. CR-5 In the event unknown cultural resources are discovered during construction activities, all construction activities within the vicinity of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. CR-6 Human Remains If human remains are found during the test excavation, the Native American Graves Protection Act Guidelines and State law require that the crew halt the work in the immediate area; leave the remains in place and contact the City of Santa Ana project personnel and the Orange County Coroner. Until a representative of the Coroner's office reviews the remains in the field, they must not be removed. If the Coroner determines that the remains are prehistoric, the Coroner will contact the Native American Heritage Commission and the most likely descendent from the Native American community will be informed. The final deposition of remains will be coordinated by representatives of the property owner and the most likely descendent. CR-7 Artifacts Any artifacts recovered shall be properly collected with photographs, field notes and locations plotted on a USGS 7.5' topographic quadrangle and a project map. Artifacts will be identified, catalogued and stabilized for curation. Any recovered artifacts shall be offered, on a first right -of -refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials. The Anthropology Museum at California State University, Fullerton would be an appropriate repository to receive any artifacts collected on the project site. CR-8 Final Report A final report, including an itemized inventory and pertinent field data, shall be sent to the City of Santa Ana, the South Central Coastal Information Center at California State University, Fullerton and the County of Orange Harbors, Beaches and Parks Department. U/vfregoso/wp5llreports/One Broadway final findings Page 38 June 28, 2004 One Broadway Plaza Findings and Facts in Sapport of Findings Environmental Impact Report. 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 One Broadway Plaza project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 and 4.2, above, no other potentially significant adverse project specific impacts of the 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 required farther study in an EIR. The IS also provided analysis on the environmental effects 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 IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Agricultural Resources The proposed project will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use because there is no farmland on the project site. The proposed project will not conflict with existing zoning for agricultural use or a Williamson Act contract because the project site does not contain land designated for these uses. The proposed project will not require changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use because there is no farmland on the project site. 4.3.2 Air Quality The proposed project will not create objectionable odors affecting a substantial number of people because it will not create any odors objectionable to land uses adjacent to the project site. 4.3.3 Biological Resources The proposed project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game (CDFG) or the United States Fish and Wildlife Service (USFWS) because there are none of these species on the project site. The proposed project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS because there are none of these resources on the project site. U/vfregoso/wp5l /reports/One Broadway final findings Page 39 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental IMDact Reuort The proposed project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means because there are no wetlands on the project site. The proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites because there are no dispersion corridors or nursery sites on or adjacent to the project site. The proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance because there are no significant biological resources to protect on the site. The project proponent will also replace significant trees removed from the site with new trees planned as part of the project landscaping. The proposed project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation or other approved local, regional or state habitat conservation plan because there are no such plans for the project site. 4.3.4 Cultural Resources The proposed project will not directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature because there are no paleontological resources or unique geological features on the project site. 4.3.5 Geology and Soils The proposed project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 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 because there are no faults on the project site. iii. Seismic -related ground failure, including liquefaction because there are no liquefiable soils on the project site. iv. Landslides because the project site is flat and not subject to landslides. The proposed project will not result in substantial soil erosion or the loss of topsoil because standard measures will be taken to prevent soil loss from the project site during construction. The proposed project will not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral U/vfregoso/wp51/reports/0ne Broadway final findings Page 40 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report spreading, subsidence, liquefaction or collapse because there are no substantial deposits of these soils on the project site. The proposed project will not be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994) because expansive soils do not exist or will be removed from the site during construction. Therefore, the proposed project will not create a substantial risk to life or property. Project generated wastewater will be removed from the project site by a sewer system. Therefore, the site soil will not need to support the use of a septic tank. 4.3.6 Hazards and Hazardous Materials The proposed project is not on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. The proposed project is not located in the vicinity of a private airstrip. The proposed project is on a developed block of land in an urban area. Therefore, the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including wildland fires that occur on land adjacent to urbanized areas or where residences are intermixed with wildlands. 4.3.7 Hydrology and Water Quality The proposed project will use existing supplies of domestic water and will discharge project wastewater to an existing sewer system. Therefore, the project will not violate any water quality standards or waste discharge requirements. The proposed project will use existing supplies of domestic water and is located on less than five acres of land. Therefore, the project site will not 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. The proposed project is a commercial project and will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The project site is not within a 100-year flood zone and will not place structures that would impede or redirect flood flow within a 100-year flood hazard area. The proposed project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam because the project site is not in an area subject to inundation should one of these structures fail. Uvfregoso/wp51/reports/One Broadway final findings Page 41 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report The proposed project will not be subject to inundation by seiche, tsunami or mudflow because it is not located near any substantial bodies of water and not subject to mudflows. 4.3.8 Land Use and Planning The proposed project will not physically divide an established community because the project site is in an existing developed urban area. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan since it is located on an already developed area. 4.3.9 Mineral Resources There are no mineral resources on the project site. Therefore, the project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. The project will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, Specific Plan or other land use plan. 4.3.10 Noise The project site is not located near a public or private airport or airstrip and will not expose people residing or working in the project area to excessive airplane noise levels. 4.3.11 Population and Housing The proposed project will not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. 4.3.12 Public Services The project site is already served by a number of public service providers. The proposed project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for public services other than fire protection, police protection and schools. 4.3.13 Recreation The proposed project consists of an office building which will not increase the use of existing neighborhood and recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. U/vfregoso/wp51/reports/One Broadway final findings Page 42 June 28, 2004 One Broadway Plaza Environmental Impac Findings and Facts in Support afFindings 4.3.14 Transportation and Traffic The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). 4.3.15 Utilities and Service Systems The proposed project will not 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. Sufficient water supplies will be available to serve the project from existing entitlements and resources, and no new or expanded entitlements will be needed. The proposed project will result in a 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. The proposed project will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. The proposed project will comply with federal, state and local statutes and regulations related to solid waste. 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 One Broadway Plaza 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 project 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 of the 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 One Broadway Plaza 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 One Broadway Plaza project. The City approves and will implement all the mitigation measures in the Final EIR. U/vfregoso/wp5l1reports/0ne Broadway finalTndings Page 43 June 28, 2004 One Broadway ,Plaza Environmental Impac Findings and Facts in Support ofFindings 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 FIR 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; however, the goal for evaluating any and all alternatives is to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives. 6.1 PROJECT ALTERNATIVE CONSIDERED BUT REJECTED A potential Off -Site Alternative site located just east of the Main Place Mall on the old Main Street Concourse project site in the City of Santa Ana was considered as an alternative project site. The use of this site was rejected by the City because the Main Street Concourse project developer has brought a modified project back to the City for consideration and approval. This proposed project would also result in a high -density commercial project being developed on this site. There are no other sites in the City large enough to accommodate the One Broadway Plaza Project that are owned by the project developer or that currently have the appropriate General Plan and zoning designations that would allow their use for the One Broadway Plaza project. 6.2 NO PROJECT ALTERNATIVE The No Project Alternative would be the continuation of the land uses under the Midtown Specific Plan on the site. The Midtown Specific Plan objectives for this area call for the continued existence of the existing land uses in the Broadway Corridor. The Midtown Specific Plan allows a floor area ratio (FAR) of 0.5 to 2.0 for this site which is 4.32 acres (188,179 square feet). The existing FAR for the site is approximately 0.4. The ultimate FAR for the project site for this Alternative is assumed to be approximately 0.5 because the Midtown Specific Plan does not include any objectives to encourage substantial new development on this site. Based on a FAR of 0.5, approximately 94,090 square feet of commercial office space would be provided under the No Project Alternative. Currently, there are 75,272 square feet of existing development on the site. Therefore, 18,817 square feet of new commercial office space would be constructed on the site under the No Project Alternative. This square footage could be accommodated in a three story building with 6,272 square feet (0.14 acre) per floor or multiple buildings with a total square footage of 18,817 square feet. This square footage could be developed on the existing parking lots on the site without removing any existing structures. The No Project Alternative would not meet the following project objectives: U/vfregoso/wp51/reports/0ne Broadway finalJindings Page 44 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Bnoact Report • To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area of the City. • To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high -profile tenants. • To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center of the County. • To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. • To provide for the public a world -class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. • To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. • To substantially increase employment opportunities within the City. • To provide an on -site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. • To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. • To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. 6.3 MID -RANGE PROJECT ALTERNATIVE The Mid -Range Project Alternative assumes that a four story office building with a FAR of 1.5 would be developed on the project site. Based on the 1.5 FAR, approximately 282,269 square feet of commercial office space would be provided on the site. Currently, there are 75,272 square feet of existing development on the site. Therefore, 206,997 square feet of new commercial office space would be constructed under the Mid -Range Project Alternative. This square footage would be accommodated in a four-story building with 51,749 square feet (1.19 acre) per floor or multiple buildings with a total square footage of 206,997 square feet. The Mid -Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Mid -Range Project Alternative could meet the following project objectives: U/vfregoso/wp5l1reports/One Broadway final findings Page 45 June 28, 2004 One Broadway Plaza Findings and Facts in Support offindings Environmental IMDact Reaort • To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. • To provide an on -site parking structure that will serve the parking needed for the office building as well as providing needed additional panting for the public in the surrounding area. • To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.4 LOW -RANGE PROJECT ALTERNATIVE The Low -Range Project Alternative assumes that a three story office building with a FAR of 1.0 and 188,179 square feet of commercial office space would be developed on the project site. Currently, there is 75,272 square feet of existing development on the site. Therefore, 112,907 square feet of new commercial office space would be constructed on the site under the Low -Range Project Alternative. A three-story building with 112,907 square feet of commercial office space would have 37,635 square feet (0.86 acre) of office space per floor. The Low -Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Low -Range Project Alternative could meet the following project objectives: • To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. • To provide an on -site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.5 COMPARISON OF IMPACTS Table 8.4-1 in the EIR compares the unavoidable adverse impacts of the One Broadway Plaza, the No Project, the Mid -Range Project and Low -Range Project Alternatives. That table is reproduced on the following page. In summary, the project will result in unavoidable adverse impacts related to short and long term air quality, surface transportation, utilities, aesthetics and cultural resources. 6.6 ENVIRONMENTALLY SUPERIOR ALTERNATIVE Table 8.4-1 shows a comparison of the environmental effects of the project alternatives. Each of the alternatives would result in environmental impacts greater than the No Project Alternative. U/vfregoso/wp5l1reports/One Broadway final findings Page 46 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental Impact Report Therefore, the No Project Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of project alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally superior alternative when the No Project Alternative is selected as the Environmentally Superior Alternative. TABLE 8.4-1 COMPARISON OF THE ENVIRONMENTAL EFFECTS OF THE PROJECT ALTERNATIVES FOR THE ONE BROADWAY PLAZA PROJECT Environmental Effect Proposed Project No Project Alternative Mid -Range Project Alternative Low -Range Project Alternative Land Use 1 1 1 1 Topography, Geology and Soils 2 2 2 2 Hydrology and Water Quality 2 2 2 2 Air Quality 3 2 3 3 Transportation 3 3 3 3 Hazards and Hazardous Materials 2 2 2 2 Noise 2 1 2 2 Population and Housing 1 1 1 1 Public Services 2 2 2 2 Utilities and Service Systems 3 2 2 2 Aesthetics 3 2 2 2 Cultural Resources 3 2 3 3 Legend 1. No impact or below a level of significance without mitigation. 2. Impact that can be mitigated to below a level of significance. 3. Impact that cannot be mitigated to below a level of significance. Source: P&D Consultants, Inc. (2002). Many of the environmental impacts of the proposed project are directly 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. However, for most of the environmental categories, mitigation is anticipated to reduce the impacts of the Mid -Range Project and Low -Range Project Alternatives to below a level of significance although the Mid -Range Project and Low -Range Project Alternatives also do not meet all of the project objectives. The Mid - Range Project and Low -Range Project Alternatives will result in similar impacts compared to the proposed project after mitigation related to topography, geology and soils; hydrology and water quality; hazards and hazardous materials; public services; utilities and service systems and aesthetics. The Mid -Range Project and Low -Range Project Alternatives are anticipated to result in greater impacts related to air quality, circulation, noise, population and housing and cultural resources and aesthetics compared to the No Project Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City has balanced the benefits of the One Broadway Plaza project against its unavoidable adverse environmental impacts in determining that the specific economic, legal, social, technological and/or other benefits outweigh the unavoidable significant adverse environmental Ulvfregoso/wp5l/reports/One Broadway final findings Page 47 June 28, 2004 One Broadway Plaza Findings and Facts in Support ofFindings Environmental ImDact Reoort 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 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 One Broadway Plaza 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, surface transportation, aesthetics, cultural resources and utilities include: 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: Create a new City landmark by developing an office building with the height, scale and quality to serve as a focal point of the Downtown Redevelopment Area of the City. ■ Provide a substantial amount of Class A office space which is essential in the Downtown to ensure the long term viability of the area and orderly development in the Downtown. Without attracting such office space, the Downtown will continue to under perform in its role as the City's urban core. • Provide a large quantity of Class A office space in a configuration suitable for major, high profile tenants. ■ Provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center to attract major tenants needing to locate close to the government center of the City and Orange County. ■ Provide a Class A office building attracting professional tenants who will support the cultural and business activities in the central city area of Santa Ana. • Provide for the public a world class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. • Preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and which serve as public gathering places. • Substantially increase employment opportunities in the City of Santa Ana. U/yfregoso/wp51/reports/One Broadway final findings Page 48 June 28, 2004 One Broadway Plaza Environmental Imaac Findings and Facts in Support of Findings Provide an on site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. • Contribute to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural, dining and business activities and establish Santa Ana as a vibrant center of Orange County life. Provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services and facilities. 2. Approval of the project would bolster the economic and social health of the Santa Ana Downtown area 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 guide development toward and urban environment preserving the aesthetics and cultural 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. 4. Furthermore, there are no alternative sites in the City, 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, surface transportation, aesthetics, cultural resources and utilities._ 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 One Broadway Plaza project related to short and long term air quality, surface transportation, aesthetics, cultural resources and utilities 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 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 FIR: U/vfregoso/wp51/reports/0ne Broadway final findings Page 49 June 28, 2004 One Broadway Plaza Findings and Facts in Support of Findings Environmental hnnact Report ■ 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 malting 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, including provision of employment opportunities for highly trained workers, 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 The City hereby tapes 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). 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, asset 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 One Broadway Plaza Project, as described in the Final EIR, including the site approval and design. U/vfregoso/wp51 /reports/One Broadway f nal findings Page 50 June 28, 2004 EXHIBIT A EXHIBIT 14 LAND LAND USE ELEMENT Land Use Policies Goal 1.0 Promote a balance of land uses to address basic community needs. Policy 1.1 Promote medium density housing in and around the downtown area. Policy 1.2 Support high density residential development within the City's District Centers as a part of master -planned mixed use development. Policy 1.41, S Policy 1. 4 Policy 1.16 Policy 1.2 9 Policy 1. -7 Support development of single-family residential lots on a minimum area of at least 6,000 square feet. Maintain and foster a variety of residential land uses in the City. Support "live/work" opportunities within specifically defined areas. Support open space in under served areas. Encourage the development of commercial and nonprofit recreational facilities and services. Policy 1.l9 Coordinate street and parkway designs that are attractive, functional, and compatible with adjacent on - site development. Policy 1.Q9 Encourage the location of commercial centers at arterial roadway intersections in commercial districts. Policy 1: 4Q Support the location of regional governmental facilities in the downtown and Civic Center areas. AA 04-1/EIR 99-1/ 1GPA 04-1/ZOA 04-2 EXHIBIT 14 Page 1 of 28 LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and fiscal viability. Policy2.1 Discourage the intrusion of commercial land uses in industrial areas. Policy 2.2 Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Policy 2.3 Encourage the location of child care facilities within employment centers. Policy 2.4 Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Policy 2.5 Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. Policy 2.6 Encourage the creation of new employment opportunities in developments which are compatible with surrounding land uses, and provide a net community benefit. OEM Policy 2.17 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.19 Support developments that create a business environment that is safe and attractive. Policy 2.0 9 Support new development which is harmonious in scale and character with existing development in the area. The comer of Fourth Street and Main Street was the first commercial lot sold in the city (the lot sold for $15.00). LAND USE ELEMENT Table 1 Development Intensity Standards Land Use Designation Density/Intensity Standards (dulAcre - FAR)' Residential Land Use Designations Low Density Residential (LR-7) 7 du/acre Low -Medium Density Residential (LMR-11) 11 du/acre Medium Density Residential (MR-15) 15 du/acre Residential/Industrial2 (R/1-15) 15 du/acre District Center3 (DC) 90 du/acre Commercial Land Use Designadons4 Professional and Administrative Office (PAO) FAR 0.5-1.0 General Commercial (GC) FAR 0.5-1.0 District Center3 (DC) FAR 1 .0-2.0 a �� 1 - Industrial Land Use Designations Industrial (IND) FAR 0.45 Residential/Industrial2 (R/1) FAR 0.45 Other Land Use Designations Institutional (INS) FAR 0.5 Open Space (0) FAR 0.2 Notes 1 The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation, (du -dwelling units; FAR -floor area ratio) Development must also adhere to zoning regulations, and/or specific plan requirements. 2 The Residential/Industrial land use designation applies to the Logan Neighborhood. 'The District Center land use designation permits both residential and commercial development "Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A-3. *Refer to Appendix for description of Land Use designations. Page 3 of 28 LAND USE ELEMENT Land Use Plan, Exhibit 2, has been updated to incorporate the general plan land use amendments adopted through December 2003. See the Land Use Plan Addendum #2. Page 4 of 28 North Harbor Specific Plan Bristol Street Corridor Specific Plan Midtown Specific Plan Specific Plans Exhibit 3 Revised 11/14/03 - '. Page 5 of 28 LAND USE ELEMENT This section of the Land Use Element indicates the actions and programs IMPLEMENTATION that; are used to implement the goals of the Element. The first column PLAN identifies the specific policy or policies in the Policy Plan (shown in parenthesis) related to the action. The second column identifies the agency responsible for implementation, as well as the timing of the action. Table 2 Implementation Matrix GOAL 1 Promote a balance of land uses to provide basic community needs. Action (Policy) Lead Agency/ Time Frame 1.1 Develop a schedule to change the zoning of properties to PBA 1998- be consistent with the land use designation. (Policy 1.9) 2000 1.2 Maintain zoning regulations that pen -nit a variety of PBA 1998- residential product types within a specific Residential 2010 Land Use Designation. (Policies 1.1, 1.2, 1.3, 1A, 1.5) 1.3 Increase City park land in under served areas. (Policy RCSA/PBA 1.6) 1998-2010 1.4 Evaluate the Land Use Map on an annual basis, and PBA 1998- initiate changes as necessary. (Policies 1.6, 1.7, 1.9) 2010 1.5 Evaluate the criteria for approving infill land subdivisions. PBA 1998- (Policies 1.1 , 1.2, 1.7) 2000 1.6 Continue project review through City review processes. PBA 1998- (Policies 1.3, 1.7, 1.8, 1.10) 2010 1.7 Evaluate "performance" zoning regulations. (Policy 1.7) PRA 1998- 2005 1.8 Comprehensively revise the zoning code, and design and PBA 1998- development standards consistent with the General Plan. 2010 (Policies 1.7, 1.8) 1.9 Concentrate commercial activities at major arterial PBA 1998- intersections. (Policy 1.9) 2010 _. 4 �� i -� - =il Prepare and present an annual status report on PBA 1998- 40 implementation of the Land Use Element to the Planning 2010 Commission and City Council. (Policy 1.10) PBA - Planning and Building Agency RCSA - Recreation and Community Services Agency rage 6 of 28 LAND USE ELEMENT Table 2 (continued) Implementation Matrix GOAL 2 Promote land uses which enhance the City's economic and fiscal viability. Action (Policy) Lead Agency/ Time Frame 2.1 Evaluate development through the project review PBA processes to determine potential impacts to the City's 1997 - 2010 services. (Policies 2.1, 2.5) 2.2 Evaluate development projects to determine their CDA/PBA economic and community contributions. (Policies 1997-2010 2.1,2.2,2.5,2.6,2.7,2.8,2.9,_ 2.3 Establish regulations and/or incentives for PBA development to support child care needs. (Policies 1997 - 2000 2.2, 2.3) 2.4 Evaluate the use of a comprehensive pedestrian PBA system to connect development with residential 1997 - 2010 areas through development review processes. (Policy 2.4) GOAL 3 Preserve and improve the character and integrity of neighborhoods. 3.1 Continue the facilitation of neighborhood associations. CDA (Policy 3.2) 1997-2010 3.2 Facilitate City programs that support neighborhood CDA activities. (Policy 3.3) 1997-2010 3.3 Continue aggressive code enforcement programs and PBA activities. (Policy 3.4) 1997 - 2010 3.4 Continue project review through City review PBA processes. (Policies 3.1, 3.5) 1997-2010 CDA - Community Development Agency PBA - Planning and Building Agency Page 7 of 28 LAND USE ELEMENT This section serves as the Appendix to the Land Use Element. It also BACKGROUND discusses related plans, describes land use standards in greater detail, and provides an overview of existing conditions. The Appendix also provides a context for planning, and an overview of those trends affecting the City. The previous Land Use Element was adopted by the City in 1984, more than 13 years ago. Major demographic changes have occurred during this time including a shift in the City's ethnic diversity, a lower median age, and a growth in the average number of persons per household. Other changes in this time period have included a growth in the number of neighborhood associations in the City. These neighborhood associations have had an active role in shaping land use and development in the City. Since the last update of the City's- General PaR In 1984, the City's population has increased from 203,793 to 396,961 persons according to the State Department of Finance r Since 1980, the number of persons living in the City grew by more than 10 59 percent. During this period of substantial population growth, the number of housing units remained relatively stable. Other notable demographic changes have occurred as well The City's population is getting y9URger. The median age of the population in 1980 was 26.2 years. By _ 4990, it had Mr�r fallen to f 25:9 years compared to a median age of 32:8 years for the County overall. Page 8 of 28 LAND USE ELEMENT The City of Santa Ana is located approximately 30 miles southeast of REGIONAL downtown Los Angeles, and 10 miles northeast of Newport Beach in the CONTEXT west -central section of Orange County. Santa Ana is bordered by the City of Orange, and unincorporated areas of Orange County on the north; the City of Tustin on the east; the cities of Irvine and Costa Mesa on the south; and the cities of Fountain Valley and Garden Grove on the west. Freeway access to the City of Santa Ana is provided by the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) on the north, the Santa Ana Freeway (1-5) on the northeast, the Costa Mesa Freeway (SR-55) on the east, the San Diego Freeway (1-405) on the south. Regional Trends Santa Ana is the largest city in Orange County in terms of population (12 percent of the County population) and M fi## in terms of land area (27M. square miles). Approximately 58 percent of the City's land area is developed with residential uses. Commercial areas account for approximately 15 percent of the City's total land area, and industrial uses cover approximately 14 percent. The City's January 4997 population is estimated by the California Department of Finance to be : 396,96! persons. The 1997 housing stock consists of m 74,919 dwelling units and the average household size is CO 4-.2 persons per household. The City experienced rapid population growth from 1970 through 1990. The City's population in 1970 was 155,710 persons. By 1990, the population had increased to 293,742 persons, representing an increase of 89 percent, while the County's population .increased by only 25 percent. Moreover, during this period of intensive population growth, the number of housing units in the City only grew by approximately 12 percent. The City's growth trends since 1990 have been more modest and are expected to continue at approximately two percent per year through the year 2010. The City's housing production is likewise expected to continue to be stable. There has been little or ne n8t growth in housinq over the last several vears:.-edi:rr and +,-w- ;is trend is likelyzo-_GGntmrvc linte .he yea.. 0000. With even modest population growth at the current rate of housing production, the City is likely to continue to experience a rise in average household size. Page 9 of 28 LAND USE ELEMENT To effectively achieve the broad range of goals outlined for the City's future LAND USE PLAN growth and development, a variety of plans, programs, and regulations must IMPLEMENTATION be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. Development Intensity Standards Table A-1 summarizes the development intensity standard for each of the General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in "units per acre". The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. Table A-1 Development Intensity Standards Land Use Density/Intensity Standards Residential Land Use Designations Low Density 7 d.u./acre Low- Medium Density 11 d.u./acre Medium Density 15 d.u./acre Residential/Industrial` 15 d.u./acre/FAR 0.45 District Center* 90 d.u./acre Commercial Land Use Designations Professional/Admin.Office FAR 0.5-1.0 General Commercial FAR 0.5-1 .0 District Center FAR 1 .0-2.0 Industrial Land Use Designations Industrial FAR 0.45 Residential/Industrial FAR 0.45 Other Land Use Designations Institutional FAR 0.5 Open Space FAR 0.2 Note: d.u. - dwelling unit; FAR - floor area ratio *Residential development is also permitted in the Residential/Industrial and District Center land use designations. atraLxttg ft i OtiFirl WWW Page 10 of 28 LAND USE ELEMENT Table A-2 Key Area - Floor Area Ratios Area Project/Area FAR 1 MainPlace 2.1 2 - � 8rient-F-naase 2.54 3 North Main Street 1.5 4 ffiWal. Mdseurn I istfist 5 eti :---D- dt North Preadway 1.5 U 6 Pitfrper k &5 1.0 7 °nn.`_ tRr - —I t?r Bewntewn BIG 8 Mroi^ci -1.0 9 Civic Center 1.0 10 _ _; _ Logan �� 0:45 11 MacArthur Rase 1�5 2 8 12CetarF F k3v 14utteR Seater 30 a-9 13 First Streetfrustin Avenue 1.0 14 13gnt511 6 RA-th reast Matra 7€S 4:9 - et 00-10 N ME tL t-,-I gam 0-5 E st - A tL M- tI" ME sa�tMe I�It�Eaace _ditr I-���.Hal Source: City of Santa Ana, 1997 The use of floor area ratio as a development standard allows a high degree of flexibility in both the location and design of a structure. The benefit of this flexibility to the City is the possibility for the provision of more open space on a site without reducing the total square footage of development. The following guiding principals apply to the floor area ratio definitions: Floor area ratio refer to the gross floor area of a building divided by the gross lot area upon which it is located. Surface parking or parking structures are not included in the building area to calculate the floor area ratio. Page 11 of 28. LAND USE ELEMENT Land Use Plan and Development Intensity Standards Map, Exhibit A-4, has been updated to incorporate the general plan land use amendments adopted through December 2003, See the Land Use Plan Addendum #2. Page 12 of 28 LAND USE ELEMENT To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi -structure project. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 10 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (', � - 6 —99 acres) representing 37.3 percent of the City's total land area. • The Low -Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 456 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Page 13 of 28 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 464 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. • The Residential / Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this � area has developed with a mixture of residential and industrial uses. • The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed -use, master planned project%"__ l �sr� Gam„ r�kl . This category is described in greater detail later is this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 0 4&7- acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (1-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well -maintained quality of existing development supports a continuation of these areas as functional office/employment centers. Page 14 of 28 LAND USE ELEMENT The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The Tustin Avenue/First Street corridor area is unique because of its location between two freeways and three major arterial streets. This area is where major office development is targeted. The PAO area located adjacent to the Civic Center contains office development which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, " threugh most General Commercial districts have a FAR of 0.5. A total of 4,242 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. Page 15 of 28 LAND USE ELEMENT The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships 'to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid -town area which has an floor area ratio of 1.0. District Centers The District Center (DC) land use designation includes the major activity areas in the City. Five areas of the City, totaling aw= � 329 areas, are designated as District Center. The intensity standard for the District Center ranges from a floor ratio of 1.0 to 2.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned, mixed -use -project wJl g�� �_ p7. These areas serve as major employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place District Center includes a regional shopping center and office complex. Additional high intensity mixed -use development is programmed for this district. Page 16 of 28 LAND USE ELEMENT • The Museum District located between the Downtown and Main Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. • The Downtown Central Business district serves as one of the County's major employment and governmental operations centers. • The South Coast Metro area serves as a regional retail shopping area which includes a range of commercial services and office projects. • The Hutton Center/MacArthur Place District Center contains an existing office/hotel complex, and a proposed major mixed use project which will include a professional office complex with supporting commercial and residential components. District Centers are considered to be the City's "major development areas." The most intense development in the City is targeted to these areas. The East First Street/Tustin Avenue corridor is a major development area even though it is not a designated District Center. This area has developed over the years as a prime office corridor and major employment area. The PAO designation facilitates the continued development of this area with high intensity, high quality regional office projects. Pagc 17 of 28 1 - MainPlace 2 - Museum District 3 - Downtown 4 - One Broadway Plaza 5 - Southcoast Metro 6 - MacArthur Place/Hutton Center 7 - Tustin Avenue Corridor 8 - East First Street Corridor Major Development Areas Exhibit A-5 Revised 11/14/03 I Page 18 of 28 LAND USE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 1m:: ' acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly; and • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of WA acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of V= &77- acres are included in this land use designation. Of this total, N 353 acres of public park land is included in this land use designation Page 19 of 28 i North Harbor Specific Plan ® Bristol Street Corridor Specific Plan Midtown Specific Plan Specific Plans Exhibit A-6 Revised 11/14/03 page 20 of 28 LAND USE ELEMENT Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development 5 was calculated by adding the 3;330 units possible in the areas designated as District Center to the existing 7"� units presently found in the City. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 61,030 to Wafil 78,248 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build -out scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as its applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to VW: 43� 538,22o square feet of commercial and office development, and = 50,99694 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Page 21 of 28 Amended Table A-4 Land Use Plan Build -out Capacities Intensity/ Density Effective Theoretical Land Use Acres Standards Build -out, Build -out Residential Low Density Residential LR-7 6,552.7 ac. 7 d.u/ac. 45,869 d.u. Low Medium Density Residential LMR-11 443.2 ac. 11 d.u/ac. 4,875 d.u. Medium Density Residential MR-15 409.2 ac. 15 d.u/ac. 6,138 d.u. Residential /Industrial t R/I -15 9.6 ac. 15 d.u/ac. 144 d.u. District Center 3 DC 35.8 ac. 90 d.u/ac. 3,222 d.u. SubTotal 7,450.5 ac. 77,810 d.u. , 60,248 d. u. Commercial Professional & Administrative Office PAO 525.7 ac. FAR 0.5-1.0 11,449,746 s.f. 22,899,492 s.f. General Commercial GC 1,116.2 ac. FAR 0.5-1.0 24,310,836 s.f. 48,621,672 s.f. District Center 3 DC 322.2 ac. FAR 1.0-2.0 14,035,032 s.f. 28,070,064 s.f. ')ne Broadway Plaza District Ctr 5 OBPDC 4.3 ac. FAR 2.9 543,193 s.f. 543,193 s.f. SubTotal 1,968.4 ac. 50,338,807 s.f. 100,134,421 s.f. Industrial Industrial IND 2,497.2 ac. FAR 0.45 48,950,114 s.f. 48,950,114 s.f. Residential /Industrial: R/I -15 9.6 ac. FAR 0.45 188,179 s.f. 188,179 s.f. SubTotal 2,506.8 ac. 49,138,293 s.f. 49,138,293 s.f. Other Institutional 4 INS 810.4 ac. FAR 0.2-0.5 7,060,205 s.f. 17,650,512 s.f. Open Space OS 1,021.0 ac. FAR 0.2 8,894,952 s.f. 8,894,952 s.f. SubTotal 1,831.4 ac. 15,955,157 s.f. 26,545,464 s.f. Notes: , Effectively capacity for non-residential development assumes development possible under the lower range of FAR intensity standards. Residential effective capacity was calculated by adding the 3,222 units possible in the District Center with the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and industrial development. Build -out assumed 50 % of the land area will be developed as residential and 50% as industrial development. 3 Land Use desgination permits both residential and commercial development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential. FAR - floor area ratio, d.u.-dwelling units, s.f. - square feet (of floor area). Acreage shown in table does not include roads in right-of-way. -ffective capacity assumes FAR of 0.2. -and use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map dated December 31, 2003. iPage 22 of 28 MGM/LandUseMap/2003 Addendum/BuildOutTableA-40neBmad2003 Rev2 LAND USE ELEMENT Land Use Characteristics EXISTING CONDITIONS The City of Santa Ana contains a variety of land uses, reflecting its maturity as a commercial, employment, and administrative center for Orange County. Since, the City has very limited vacant land available for development, most new projects consist primarily of infill development and redevelopment activities on properties which are currently improved. Because of the City's age, some properties are undergoing development for the second or third time. The City has a total land area of °°.__ 27-.2 square miles or 17,408 acres. Total land use distribution is as follows: 10,216 acres (58.7%) is residential, 2,643 acres (15.2%) is commercial (retail, office, and mixed use), 2,481 acres (14.3%) is industrial, and 1,538 acres (8.8%), contains public and institutional uses. The remaining 530 acres (3.0%) is undeveloped and open space areas. The distribution of existing land uses within the City is summarized in Table A-5. Table A-5 Existing Land Use Land Use Category Acres Percent Single -Family Residential 7,255 41.7% Multiple -Family Residential 2,961 17.0% Commercial 2,643 15.2% Industrial 2,481 14.3% Public/Institutional/Parks 1,538 8.8% Vacant Agricultural 530 3.0% Total 17,408 100.0% Source: City of Santa Ana Land. 1997 Demographic Characteristics The City of Santa Ana is the largest in Orange County in terms of population with an estimated 1990 population of 293,742 persons. The City's current population is WM 306,961- persons according to the most recent _ 1997 California Department of Finance estimates. This represents an increase of V9 13,219 persons (or M 475%) since the 1990 Census was completed. The City's population has nearly doubled since 1970. According to the 1970 U. S. Census, 155,710 persons lived in the City. By 1980, the population increased by 48,003 (31 %) to a total of 203,713 persons. The greatest Page D of 28 LAND USE ELEMENT period of growth was in the 1980s when the population increased by 90,029 persons. According to County estimates, the City of Santa Ana is projected to grow to fzt 350,000 persons" the year 2020, if historic trends continue. Ge 1990 , the City's housing inventory has decreased by 38 units while the population grew by 7ja 4.5 percent. Table A-6 provides historic population growth trends for the City from 1950 to the present. Table A-6 Population Growth in the City Year Population Percentage Increase in of Population Increase 1950 45,533 — — 1960 100,350 120% 54,817 1970 155,710 55% 55,360 1980 203,713 31% 48,003 1990 293,742 44% 90,029 1997 306,961 4.5% 13,219 Source: Santa Ana CHAS, 1994 V w nnA n0F, 499 In addition to being the largest city in Orange County, Santa Ana now ranks 9th in California and 52nd in the nation. The population of the City of Santa Ana represents the largest percentage of the County's total population, or approximately LW 44 percent. Population growth in the City since 1990 absent a corresponding increase in housing_ units has led to a significant increase in the average household size. . The 1997 average household size in the City ^ 1997 is 4.2 persons per household. This compares to 3.0 persons per household for the County as a whole. According to the State Department of Finance, Santa Ana had the highest average household size in the County in M 1997. Based on the 1-999 Census, the City's population is relatively young, with 1 W 89,502 persons ($ 30-.5 %) under 4-8 years old. This is a greater percentage of children than is the case for the County (which is 24-4 percent). This condition is to be expected given the rate of natural population increase and the high birth rate experienced within the City during the 1980's. Also, 46 persons ( � %) are over 65 years old. More than 65 percent or = Q T 191,383 residents are of Hispanic origin, with only rM 23 percent Caucasian, a 9 percent Asian, 2 percent Black, and M-1- percent of American Indians or other races. Page 24 of 28 LAND USE ELEMENT The percentage of Hispanic residents is three times greater than the overall County average (40, 23 4%). The County's total population is approximately µTM 70 percent white and $ 2-0 percent Hispanic. Race and ethnicity statistics are shown in Table A-7. Table A-7 Santa Ana Population Race and Ethnicity-M� 4-999 Race/Ethnicity Persons Percent White 67;897 12 22 1% Hispanic 57 v 1-91,393 R5 2% Black "54 V - 2 2°6 American Indian, Eskimo, and Aleutian Islander 720 = 04 Asian and Pacific Islander RM 26,867 Q4% WM er 650 Other 424 A°6 Total _� 293,742 4000°6 Source: US Census, 499B. Housing Characteristics The 1-990 housing stock of the City of Santa Ana consisted ofs=- 5 74,973 units. The housing supply consists of 32,973 single-family detached units, M.. 5,075 attached units, 7,301 units in projects with 2 to 4 units, _ 47,998 units in projects with 5 to 49 units, 5337 units in developments with 50 or more units, 3�9 in mobile home units, and a. 955 in other dwelling units. According to the �Tf 1990 Census, almost 49:4 percent, or :&LM 37,032 units, are renter - occupied, W, 4&.4 percent owner -occupied with the remainder (or 4.5%) vacant. The State Department of Finance _ estimates the City's 49W housing stock 10 at 74,943 units. This represents a decrease of @ 55 units from 1990. The current housing inventory includes -_ , 32,982 detached single-family units, _- �§9 attached single-family units, - 7 11-03 units in 2 to 4 unit projects, 24,929 units in projects with 5 units or more, and 9 3;330 mobile homes. The current vacancy rate fhich-took place is estimated at M 4.5 percent. Table A-8 summarizes the change in housing unit characteristics between 1990 and Mffi 1997. Page 25 of 28 ND USE ELEMENT Table A-8 Housing Unit Characteristics 1990, 1997` Change Unit Type # % # % # % Single-family, detached 32,978 44.0 32,982 44.0 3 0.1 Single-family, attached 6,075 8.1 6,169 8.2 94 1.6 2-4 units 7,301 9.7 7,108 9.5 -193 -2.6 5 or more units 23,835 31.8 23,874 31.9 39 0.2 Mobile homes 3,829 5.1 3,830 5.1 1 0.1 Other 955 1.3 955 1.3 0 0.0 Total 74,973 100.0 74,918 100.0 -55 -0.1 Source: 1 — US Census, 1990; 2 — DOF, January 1997 k � s i I � �`` � � I � i (`� li � eM��urm umi •A � u!� � ill {mYiBliUfll(��Iilunnnnt�n�a 1 mali+i I �� ����ilillUU�iEiinut�unuumm�ugliltUlFl�lhll��i"�i���1P.�� ���I1i1111�ttl�lidl ����j V I i11141 Illu111 if 4 `G Al 11 Page 26 of 29 Revised 11/14/03 page 27-of 28 q HAVENAVE. CURA AVE. NTEENTH ST. Land Use Designations LR-7 (Low Density Residential) LMR-11 (Low -Medium Density Residential) MR-15 (Medium Density Residential) R/I-15 (Residential/Industrial) GC (General Commercial) IND (Industrial) INS (Institutional) OS (Open Space) ® DC (District Center) `wa PAO (Professional & Administration Office) ® OBPDC (One Broadway Plaza District Ctr.) " Exhibit 2 EXHIBIT A EXHIBIT 15 LAND USE MA?k movnooe A VETA Ae-. HAVEN AVE. These land use designations have a Floor ratio as noted below unless otherwise Indicated on the table below. ® DC (District Center) 1.0 CLAaA AVE. ® OBPDC (One Broadway Plaza District Ctr.) 2.9 PAO (Professional & Admin Office) 0.5 ® GC (General Commercial) 0.5 NTEENTH ST. I5 age; IND (Industrial) 0.45 4 R/I-15 (Residential/Industrial) 0.45 INS (Institutional) 0.5 OS (Open Space) 0.2 Project /Area Floor Area Ratio 1- MainPlace.................................................. 2.1 2- Main Street Concourse ................................... 2.54 3- North Main SL............................................ 1,5 4- North Broadway .......................................... 1.0 5- Museum District ......................................... 1.5 8- Hutton Development .................................... 1.0 7- Civic Center Specific Dev Plan ....................... 1.0 8- Midtown Specific Plan ................. 0.5-1.0 9- Civic Center ............................................... 1.0 10- Downtown ................................................. 2.0 It- Orange County Register ............................... 1.15 12- Xerox Center Den, ........................................ 3.29 13- First St / Tustin Ave .................................... 1.0 14- Bentall Center Dev...................................... 1.5 15- 2720 Hotel Terrace or .................................. 1.0 18- 1951 ECarnegie Ave ................................... 0,55 17- 4040 W Carriage Ave ................................... 0,47 18- Lake Center Dev......................................... 0.72 19- South Coast Metro ..................................... 1.0 20- Mac Arthur Place....... ............................. .... 2.0 21- Hutton Centre ............................................. 1.0 22- Pao Tel Office ............................................ 1.5 1-11-7 (Low Density Residential) LMR-11 (Low -Medium Density Residential) Is MR-15 (Medium Density Residential) Plan Land , & Development `Y V 1 WWWI EXHIBIT A EXHIBIT 16 � CIRCULATION ELEMENT Street Caeeifloatione Freeway Q Enhanced Intersections -- Principal -O Interchange "'gavial Major Arterial * � City Limits Primary Arterial �••� 5econdaryArterial Master Plan of Commuter Streets and Highways ******** Local Commercial 0.6 0 0.6 1,2 Mlles Circulation Element Exhibit 1 Revised 11/03/03 104-1/Z®A 04-2 EXHIBIT 16 CIRCULATION ELEMENT Master Plan of Streets and Highways - Street Classifications The Master Plan of Streets and Highways (MPSH) is illustrated in Exhibit A-4. Typical cross -sections for arterial streets are shown in Exhibit A-5. Most arterial roadways have been constructed to these standards. The functional classifications serve to categorize roadways based upon their use. The City does not intend to widen all roadways in the City to the cross-section standards merely to conform with the standard, but as travel demand and congestion warrant such widening.. Each arterial roadway is assigned to one of the following five functional classifications: • Principal Arterial -Typically, an eight -lane, divided roadway designed to accommodate between 45,000 to 67,500 vehicle trips daily. The typical right of way width is 144 feet. • Major Arterial - Generally consists of six -travel lanes, and is also divided. Typically, the right-of-way width for this type of roadway is 120 feet. A major arterial is designed to accommodate between 33,900 and 50,600 vehicle trips daily. • Primary Arterial - Generally consists of a four -lane, divided roadway. Typically, the right-of-way width is 100 feet. A primary arterial is designed to accommodate between 22,500 and 33,800 vehicle trips daily. • Secondary Arterial - Generally a four -lane, undivided roadway. The typical right-of-way width for this category of roadway is 80 feet. A secondary arterial is typically designed to accommodate between 15,000 and 22,500 vehicle trips daily. • Commuter Street - A two-lane, undivided roadway carrying less than 10,000 vehicle trips per day. The right -of way width for this roadway classification is 60 feet. Collectors are also two-lane undivided roadways with a right-of-way width of 56 feet. Page 2 of The City contains 413 miles of roadway-112 miles of arterial streets and 301 miles of local streets. Circulation Element Eight -Lane Principal Arterial Six -Lane Principal Arterial iq0' 10' 80' I 10 �14 -ry Four -Lane Principal Arterial q 80' 10'->'1�- 84' 10 71 Secondary Lane Principal Arterial q 80' f<-8'->µ-40' 0' Commuter Street 80' 1040 �T Local Commercial Street Typical Roadway Cross -sections Exhibit A-5 Hevlsea 11/03/03 Page 3 of 5 6egmente with Changed Cla55ification5 Freeway -- Principal nwem Major Arterial T^'^T Primary Arterial �• 5ecan6laryArterial Commuter Reclassified ac Local ******** Local Commercial ❑ Other Improved Intersections • — City Limits 0.6 0 0.0 1.2 Mlles Circulation Element Roadway Reclassifications and Other Intersections Improvements Exhibit A-6 Revised 11/03/03 Page 4 of 5 CIRCULATION ELEMENT Intensity - The level of land use (low to high) for buildings. The intensity may. be measured using lot coverage, floor area ratio, or building bulk. Local Street - A street providing direct access to properties and designed to discourage through -traffic. Policy - A collective term describing those parts of a general plan that guide action, including goals, objectives, policies, principles, plan proposals, and standards in both the text and diagrams. Standard - A specific, often quantified guideline, defining the relationship between two or more variables. Standards can often directly translate into regulatory controls. Example: Three to six dwelling units per net acre (low - density residential). Transportation System Management (TSM) - A cooperative process involving all transportation agencies in an urban area attempting to increase the efficiency of a transportation system through low-cost and relatively short- term actions. TSM typically includes traffic controls, improved public transportation, regulatory and pricing measures, and improvements to the management of the existing transportation system. Page 5 of 5 EXHIBIT" A ELEMENT District Neighborhoods Paths: Traveling Routes ® Nodes: Destination Points 0 Focus Intersections: Local Apex Landmarks: Focal Points Gateways: Arrival Points City Form Map Exhibit 3 Revised 12/9/03 ! AA 04-1/EIR 99-11 GPA 04-12OA 04-2 EXHIBIT 17 URBAN DESIGN ELEMENT • A very positive feature of many paths in Santa Ana is their ability to communicate, to travelers and pedestrians, the identity of the districts they traverse. These paths convey a better sense of place and facilitate the creation of a strong city form. This is due, in large measure, to the unique cultural diversity and historic heritage of the Santa Ana neighborhoods which are portrayed by the physical attributes and character of these paths. For example, Main Street, First Street, and Santa Ana Boulevard convey procession to the Downtown. • Vehicle circulation is given precedence over pedestrian movement in strip oriented commercial. development. The only significant pedestrian path is Fourth Street as it passes through downtown. This pedestrian path has a very strong presence in the City and the community, providing a variety of amenities, such as retail shopping, office, services, and entertainment uses which complement each other and attract people. Other streets have the potential to accommodate both vehicle and pedestrian movement, especially Main Street and other downtown streets. Nodes Nodes are areas of compatible and intensive activities. Nodes typically have identifiable boundaries which, through unique design characteristics, provide a clear sense of place. A well- defined node, containing sharply defined boundaries, is very effective in promoting unity of design, purpose, and aesthetics. Key design issues related to nodes in the City include the following: • Some nodes in the City are intended to serve as district centers as indicated in the Land Use ElementN "Ill r i,• r xac � Tl* concept was developed to promote the concentration of assorted activities in specific areas of the City. Each of the district centers have excellent automobile, bus, and pedestrian access since they are intended to be destination points. • Some examples of nodes include the Civic Center which accommodates numerous government agencies; Hutton Center which contains a mix of office buildings; Santa Ana College, which provides a mix of institutional uses; and a number of evolving recreational nodes such as the Santa Ana Zoo and Bowers Museum. Page 2 of 7 URBAN DESIGN ELEMENT Landmarks Landmarks are elements of the urban form containing design features that reinforce their uniqueness and memorability. Landmarks by their nature, attract and hold people's attention. Landmarks communicate to observers that they are a special place. Surrounding land use and building design provide a background context for the landmark, reinforcing its role as an important visual element. Key design issues related to landmarks include the following: • Most of the existing landmarks in the City are concentrated along the Santa Ana Freeway and in the downtown with relatively few in other locations. A number of prominent landmarks evoke very pleasant and memorable experiences in observers. Some of these landmarks have been in the City for many years, exhibiting a strong context that enhances their visibility. Good examples of this include the old Orange County Courthouse, located on Santa Ana Boulevard in the downtown area, and the water tower along the Santa Ana Freeway. • Other landmarks in the City are newer, though they still have established a reputation as recognizable landmarks. A good example is the ad4� Xerox Center tower, Hotel Terrace, or the Vietnamese Catholic Community Center and Chapel located at Seventeenth Street and Harbor Boulevard. In addition, most neighborhoods have reference points which serve as local landmarks in the community. These local landmarks generally include schools, parks, church buildings, or even a well -established corner store. • Some "landmarks" stand out in their surroundings and act as good reference points in people's minds; however, they may fall short of conveying an image of community pride, historic significance, and architectural quality. An example of a "perceived" landmark is the radio antenna located next to the Santa Ana freeway. This "landmark" lacks architectural significance and attractive design features. Nevertheless, it is generally considered a local point of reference. Page 3 of 7 District Neighborhoods Paths: Traveling Routes Nodes: Destination Points Focus Intersections: Local Apex ® Landmarks: Focal Points ® Gateways: Arrival Points City Form Map Exhibit 4 Revised 12/9/03 Page 4 of 7 1. Main Place Mall 2. Main St. Concourse 3. MacArthur Place 4. Hutton Center 5. South Coast Bristol 6. Civic Center _ 7. Downtown/4th St./Artist Village 8. One Broadway Plaza 9. Bowers Museum 10. Tustin Ave., South of 17th St. 11. Santa Ana Zoo 12. Centennial Park 13, wllowick Golf Course 14. Bristol Marketplace 15. Rancho Santiago College 16. Regional Transportation Center Nodes Exhibit 7 Revised Page 5 of 7 1. Main Place Mall/Main st. Concourse 9. Intersection of Bristol St. and Sunflower Ave. 2. City Water Tower. 10. Intersection of Warner Ave. and Harbor Blvd. 3. Regional Transportation Center 11. Intersection of Harbor Blvd. and First St. 4. Intersection of First and Main Streets 12. Intersection of Fairview Rd. and Civic Center Dr. 5. BirtcherXerox Center 13. Centerpoint/Federal Court 6. Santa Ana Zoo 14. One Broadway Plaza 7. Hotel Terrace Landmarks 6. Intersection of Main St. and MacArthur Blvd. Exhibit 9 Revised 1 Page 6 of 7 URBAN DESIGN ELEMENT Courthouse (on Santa Ana Boulevard in Downtown) and the Water Tower located on Penn Way near the Santa Ana freeway. Other landmarks in the City are new places that have established a reputation and recognition as landmarks in the City. These include: the *� x Xerox Center Tower, Main Place Mall, the Regional Transportation Center (RTC), Hotel Terrace, Mutton Center/MacArthur Place, the Federal Courthouse (Centrepointe site), and the Discovery Science Center. The City has no other citywide or regionally recognized landmarks, even though at the local level, neighborhoods do have reference points that act as local landmarks in their communities, often these are school sites, church buildings, or a well established corner store. Gateways Gateways located at the City's northern and eastern borders are clearly defined. The spaces in these areas have characteristics that create a sense of arrival by means of changes in the character and appearance. For example a sudden change in building height, generously landscaped yards, or other changes in amenities and/or design, announce a different kind of place. In arriving to the City from the south, a sense of arrival does not occur until well into the South Main Street district, when the homogeneity of the urban form begins to define the district. Gateways located within the west side of the City, along Harbor Boulevard, exist because of the immediate loss of continuity and the variety of activities and development specifically, there are a number of gateways found in the City which are identified by posted signs, landscaped medians, or monument signs situated at major intersections within the City limits. Some posted entry points to the City do not meet the definition of a "gateway" because they did not convey a sense of arrival to the City. On the other hand, there were several points of entry where the "arrival at a special place" is more clearly defined. For example, the northern part of the City has distinctive gateways at Bristol Street, Main Street, and at the Santa Ana Freeway. There are also recognizable gateways to the east, at Seventeenth Street, the Santa Ana Freeway, and Edinger Avenue. Incidentally, the lack of gateways in many places coincides with those areas where districts have gradually expanded outside the City as they merged with the surrounding communities. In many instances, these districts are perceived to be part of the neighboring cities. For example, the corners of Bristol Street and Sunflower Avenue, Dyer Road and Red Hill Avenue, First and Euclid Streets, and Harbor Boulevard and Seventeenth Street. Page 7 of 7 EXHIBIT A EXHIBIT 18 MIDTOWN AMENDMENTS Midtown Specific Plan central Santa Ana area, and could result in a number of law firms and court reporting firms relocating from elsewhere, or in the significant expansion of existing court -related firms in the planning area. The new Federal court facilities are scheduled for completion in 1997. Downtown Santa Ana and Fiesta Marketplace Downtown Santa Ana has emerged as a major shopping and office area specializing in Latino -oriented businesses and government offices. Coupled with its relatively easy mass transit access and central location in the County's primary concentration of Latinos, this area will likely continue as a major shopping district, and will significantly affect activity patterns and uses in the Midtown planning area. Recent trends towards locating technical schools in the southern portions of the planning area are, amongst other influences, an indication of its easy access and the nearby location of the Downtown shopping district. Civic Center Complex The concentration of local, State and Federal government offices in the Civic Center Complex is felt throughout the planning area. A survey of major office buildings in the Midtown area shows that a large number of Federal and County agencies have located in the planning area. If government services expand, additional demand for relatively inexpensive office space may be felt in the planning area. However, the short- and mid-term trend will be towards re- consolidating governmental services into the Civic Center complex. This will draw users away from the Midtown planning area, and could increase the already high vacancy rates in the high rise buildings south of Washington Street. Regional Transportation Center (RTC) Complex The RTC at the intersection of Santa Ana Boulevard and Santiago Avenue could emerge as a major node of urban activity as the new METROLINK system gains ridership, and as rail transit links are provided with the downtown/civic center complex and the rest of Orange County. Future land uses in the RTC area are presently being planned. The effect on future land uses in the Midtown area cannot be predicted at this point, but the planning area's location near the RTC could help attract office uses along with supporting retail commercial and restaurant development to the southern half of the planning area. Exhibit 3 Conceptual Fixed Guideway Alignment EXHIBIT 18 Page I of 37 Alternatives 12 Midtown Specific Plan rEPI.----i fc .Alternative station IGGatiGAR that I.AQUId Influence Midtqwn e fellewing: uneaizn�rtrrarar>�rr.�r .. lW . PLANNING AREA ACCESS At present, primary east -west access to the Midtown planning area is via First Street on the south and Seventeenth Street on the north. Main Street and Broadway provide primary arterial access to the downtown/civic center complex from the north and the south. An "enhanced intersection" has been designated for Seventeenth Street and Main Street, and Seventeenth and Broadway, through General Plan Amendment No. 92-9. The intersection improvements will include increasing the number of "tanes at the intersection approach to increase capacity. The exact configuration of the intersection will be based on detailed traffic and land use analysis. Freeway access to the Midtown area is provided by Interstate 5, either from the Main Street interchange to the north, or the Seventeenth Street interchange to the northeast. Once improvements are complete, access to the planning area from the southeast will be provided by the First/Fourth Street interchange. Even though competing employment centers have more convenient freeway access, the Midtown area benefits directly from its easy mass transit access. Bus access to the planning area is direct due mostly to the area's location near the Civic Center complex and the location of OCTA's main transit terminal at Broadway and Fifth Street. Commuter rail access is currently being provided at the Santa Ana Regional Transportation Center, and bus service is available for direct access to the Midtown area. As described above, both METROLINK and fixed guideway services will be available in the future. The implication for the planning area is that in the future its accessibility by rapid transit will be excellent, which over the long term will increase the attractiveness of the area as a business location. The planning area will also increasingly benefit adjacent residential neighborhoods with its convenience to jobs, shopping and regional transit VISUAL STRENGTHS AND WEAKNESSES An inventory of Midtown's visual strengths and weaknesses is documented on Exhibit 4, Visual Strengths and Weaknesses. The following process was employed for this visual assessment. • The photographic inventory, building survey, and physical constraints mapping of Midtown conducted for the design charefte were reviewed to gain familiarity with the planning area. • A walking and driving survey was conducted by the consulting team to confirm the inventory data. Chapter 2: Existing Conditions rage 2 of 37 13 SEVENTEENTH ST. STRENSTHS > ED AES-METICSTItgeT VIE" I CIVIC TER BUILDINGS OF CH It SHAVE MATURE STREET TREES PALMS i OPEN 5 FACE POSITIVE STREET IMAGE §�W WEAKNESSES 117 LARGE EXPANSION OF PARKIN.ri —=gNEOATIVE STREET IMAGE Exhibit 4 Visual Strenghts and Weaknesses Page 3 of 37 Midtown Specific Plan • Views from streets were assessed to define locations where positive views exist. • Street frontages were reviewed and notated according to their positive or negative appearance. Buildings that are not well maintained and frontages that are visually overwhelmed by a confusion of signs are examples of factors contributing to a negative appearance. Positive factors include well maintained frontages, buildings and setbacks, or mature landscaping along the street. Based on the inventory review and field surveys, elements that strengthen or weaken Midtown's visual qualities were identified and mapped. A discussion of the visual strengths and weaknesses of Midtown follows. Strengths Aesthetic Street Views The factors that influence these views are the architecturally significant buildings along Civic Center Drive and the view east on Eighth Street, which is terminated by an attractive residential structure. Views along Bush Street are enhanced in the blocks that have mature street trees on both sides of the street. Buildings of Character These include the buildings identified in the Survey of North MainlNorth Broadway Corridor, dated March 22, 1992 and prepared by the Historic Resources Review Committee. In addition, individual structures and groups of structures that add to the character and scale of various streets in Midtown are shown. Mature Street Trees Bush Street and Broadway have large numbers of mature street trees, although several blocks have only a few or none. Some of the east -west cross streets also have segments with mature street trees, including Eighth Street, Tenth Street, and Washington Street. Open Space Several significant open space areas make a positive contribution to Midtown. These include the BasteF BI the church at Tenth and Main and the financial institution at Main Street and Washington. Positive Street Image Exhibit 4 shows several street segments throughout Midtown which exhibit an overall positive image due to the quality of landscaping, well -maintained and attractive building facades, and signage that is in scale and character with the buildings. Weaknesses Large Expanses of Unscreened Parking The negative impact from unscreened parking areas is exhibited primarily along Sycamore Street and Broadway between Civic Center Drive and Tenth Street. Many of these parking lots lack landscaping that provides visual buffering. This lack of screening magnifies the adverse impacts of large expanses of parking. Negative Street Image Also shown on Exhibit 4 are various segments of Midtown's street frontages which are visually unattractive. This is due to a combination of factors, including vacant buildings, deteriorating buildings, unkempt grounds, loud colors, blank walls, and unattractive signs. Chapter 2: Existing Conditions Page 4 of 37 15 Midtown Specific Plan SPECIFIC PLAN PRINCIPLES The following specific plan principles provide overall guidance in the areas of land use, design, and parking and circulation. Urban Design Principles, Exhibit 5, illustrates the following specific plan principles. The subsequent chapters describe in detail the development standards and design guidelines for each of the five land use/activity districts, a landscape concept plan, circulation and parking plans and a review of implementation mechanisms. LAND USE • Encourage a land use pattern that builds upon the concepts identified in the Midtown Conceptual Plan while furthering the land use policy principles established in Santa Ana's General Plan. • Residential concepts and densities should be consistent with General Plan policies. • Establish links to surrounding employment and shopping areas. • Protect and maintain the adjacent Willard, French Court and French Park neighborhoods. • Limit single room occupancy development only to the YWCA building. • Encourage the adaptive re -use of historically or architecturally significant buildings and districts throughout Midtown. • Encourage recreation, entertainment and cultural activities in Midtown to complement the Museum District. • Protect the image and integrity of the Broadway Corridor. URBAN DESIGN The following urban design principles address the overall form and structure of Midtown with specific details for its five land use/activity districts. After general considerations, they address views and gateways, building form, open space nodes, and pedestrian space linkages. These principles are intended to reinforce the unique identity of Midtown's activity districts and to achieve a coherent overall image. (Refer to Exhibit 5, Urban Design Principles.) GENERAL CONSIDERATIONS • Develop a strong sense of community identity for Midtown as a whole and for each of its districts. • Strengthen pedestrian access into, around and through the Midtown area to the maximum extent possible consistent with the City's congestion management programs. • Develop a comprehensive public improvements program, including consistent landscape and streetscape themes. • Create a secure environment that will protect the community and attract additional business investment. • Create a safe and pleasant open space component including plazas and passive green spaces. • Protect the character of the Broadway Corridor north of NEW Tenth— Street and Bush Street by reinforcing the predominant scale of development. • Develop site and architectural design standards based on principles that promote and protect the identity and character of Midtown while stimulating additional investment. • Preserve and build upon Santa Ana's historical resources and other significant resources. VIEWS AND GATEWAYS • Establish distinctive gateways to Midtown on Main Street at Civic Center Drive and Seventeenth Street through a combination of buildings, landscaping, signage, and streetscape designs. • Enhance the streetscape of the approach routes to Midtown on Seventeenth Street and Civic Center Drive to contribute to greater aesthetic quality and beauty. Streetscape, landscape, signage and lighting should be coordinated to achieve a distinctive sense of arrival to Midtown. Extend downtown Santa Ana's historic street grid of square blocks into Midtown by introducing cross block view axes wherever appropriate to break up the excessive length of the blocks along Main Street. These visual breaks should occur at Ninth, Eleventh and Fourteenth Streets. This will provide an appropriate scale to the blocks and corridors. Chapter 3: Specific Plan Principles Page 5 of 37 19 m m f OPAL ENHANCE AAyFFROACyHES TO MIDTOWN ®/tD 17TH ST. 10......._I GATEWAY TOWERS PROMOTE CONSISTENT EAST -WEST LINKAGES TO RESIDENTIALI� I(I'�7 � I� ��yrn LANDSCAPE/STREETSCAPE IGTH ST. NEIGHBORHOODS `T �i� MHDIOWN HROUGHOUT 15TH L-1 [".A � PROTECT SMALL SCALE OW i a CHARACTER OF BUSH ST. CORRIDOR Dr-Y••-`rLr••—IYJI - D 14TH ST. OPEN SPACE NODE --� 4.TON bwPROTECTSMALL IF SCALE CHARACTER I�,ADAPTIVE REUSE OF EXISTING BLDOS. THROUGHOUT MIDTOWN ,I PEDESTRIANWASHIN49TON ST. ORIENTED TO SIDE ORIENT OFFICE TOWERS ► e .s�� r PARKING STRUCTURES L io: \\®i STREETS ' TOWARD MAIN ST. T. I , e,.. (.b, O. -.r11TH ST. .r�S J. o.�s!i•C C,' MIXEDOPEN SPACE NODE LOWER INTENSITY STREN&HTEN PEDESTRIAN QUALITIES USE EAST -WEST o9TH ST. PEPESTR HIGHER IN!WAY rENSITY MIXED USE gfo Aw . .c. Fill &TH PARKWAY' 1 `� n _ ,: '1.11._Jr� 1Jr -1 �,�+ o �y LANDSCAPE FP -ff1E _.J JJ JJ�J _i J.J L.J LJ L_JL Exhibit 5 Urban Design Principles Page 6 of 37 Midtown Specific Plan BUILDING FORM Building form shall contribute to the unique character desired for Midtown's various activity districts. • Cluster taller buildings on Main Street from Civic Center Drive to Washington Avenue, tapering heights and intensities towards Washington Avenue, to reinforce existing office towers, and to express the Civic/Professional and Financial Districts' role as employment centers. A tower form is most appropriate for Main Street, because it reflects the form of existing office structures. There shall be only one new tower of 6 to 8 stories in the Rnancial District, with other buildings of one and two stories. Use lower buildings to.define and protect pedestrian space and create an activity edge along Main Street and the mid -block extensions of Ninth, Eleventh and Fourteenth Streets. The form and siting of older structures of character on Broadway E%O11si ffgt and Bush (sited on small lots with front and side yards) shall be reflected by new development and revitalization of existing buildings along these streets. Establish specific height zones to regulate building height, with the greatest heights on Main Street between Civic Center Drive and Washington, intermediate heights on Broadway below Tenth Street and on Main Street north of Washington, and the lowest building heights along Broadway and Bush Streets. (See Exhibit 6, General Building Heights.) OPEN SPACE NODES Main Street shall be accented by two open space nodes, one at the intersection of Tenth, and one at Washington. These nodes are intended to provide open space relief in the center of Midtown. These nodes shall be connected by a linear open s ace. strip along Sycamore e�apa ,wrQ{VfyIlaffj, which will function as an integral part of Midtown's central open space resource, PEDESTRIAN SPACE Pedestrian space shall reinforce the ground floor activities within districts and provide convenient and attractive routes and social spaces throughout Midtown. Main Street and the Ninth Street pedestrian way are the primary shopping streets with continuous storefronts defining the street space. Wherever possible, the sidewalk will be widened to encourage pedestrian activity and provide space for enhanced landscaping and streetscape amenities. Strengthen the qualities of pedestrian space on Broadway and Bush by maintaining mature street trees, landscaped front yards, clear pedestrian paths, and by requiring future development to provide these features. —Jli I ,Il__J�_ H HIGH (5 stories and up) M MEDIUM (3 to 4 H stories) L LOW (Up to 2 stories) Note: These height districts are general Refer to design guidelines for specific requirements. Exhibit 6 General Building Heights Chapter 3: Specific Plan Principles Page 7 of 37 21 flM or, H HIGH (5 stories and up M MEDIUM (3 to 4 stories; L LOW (Up to 2 stories) Note: These height districts are general Refer to design guidelines for specific requirements AM. ST. ST. ST. fir Exhibit 6 General Building Heights Page 8 of 37 Midtown Specific Plan • Mid -block pedestrian street crossings are not encouraged. All pedestrian movements will be directed to approved crosswalks. • Enhance the pedestrian scale of the Eleventh and Fourteenth Street mid -block pedestrian ways between Main and Sycamore by encouraging retail activities and landscaping along their edges. • Provide safe, convenient and pleasant walkways linking surrounding residential areas to Midtown activity districts. These east -west connections include Tench, Washington, and Fifteenth Streets to the west, and Eighth, Ninth, Tenth, Washington, Fourteenth, Fifteenth, and Sixteenth Streets to the east. CIRCULATION • Maintain Broadway and Main as strong, visually attractive business corridors while making sure that their ability to safely carry high traffic volumes is maintained. • Maintain the function of Tenth treet, Washington Street, Civic Center Drive, and Seventeenth Street as east -west connectors. • Develop land use and design strategies for incorporating a proposed fixed guideway rail mass transit system through Midtown, including possible alignments. Protect Bush Street from heavy business and residential traffic in order to maintain its residential character. LAND USE/ACTIVITY DISTRICTS Midtown will provide for a wide variety of uses organized into five land use districts. These districts were first identified as part of the initial conceptual planning for Midtown, and have been refined through additional area analysis. (See Exhibit 7, Midtown Districts.) Each is intended to be distinct from the other, but supportive of the whole area by contributing to a balance of commercial, public, office and other employment activities. The following six chapters define each district according to its theme, objectives, land uses or activities, physical framework, site attributes, development opportunities, development standards, and design guidelines. Property lines shown on exhibits are based on assessor parcel maps and do not necessarily reflect legal parcels. CIVIC/PROFESSIONAL BUSH STREET PROFESSIONAL Page 9 of37 Midtown Specific Plan J WZ at WO y QW �QJ yW PROFESSIONAL Exhibit 7 Midtown Districts Pagc 10 of 37 Midtown Specific Plan CIVICIPROFESSIONAL DISTRICT THEME A vibrant mixed use district with office towers clustered on Main street, low-rise space along Broadway 05 90 and pedestrian activity focused on Main Street and Ninth Street, which is extended through the district to provide an east -west circulation corridor central to the district See Exhibit 9, Civic/Professional District Concept Plan. 15R? ADWAY MKO . NEW BUILDING PARKING —PARKING ACCESS PROPOSED PLAZA/ LANDSCAPED AREA EXISTING BUILDINGS OF CHARACTER OBJECTIVES • Create a viable and competitive employment center built around the nucleus of existing office space and its proximity to downtown and the civic center. • Encourage ground floor retail space to provide shopping opportunities and services for the employees and visitors to the district. Encourage job training and educational institutions to locate in the district through the provision of refurbished and new space, convenient parking, pleasant pedestrian walkways and a secure and safe environment. • Encourage professional and administrative offices to locate in Exhibit 9 s ;;, oPaN 5tla�E d � NODE SHEET; DUFFUI45 6LL7CK LIVID CikKreR DRIVE. Civic/Professional District Concept Plan Chapter 4: Civic/Professional District Page 11 of 37 27 Midtown Speoffic Plan DEVELOPMENT OPPORTUNITIES The following development opportunities define the major projects within the district. The descriptions approximate the development potential of each site, and do not indicate actual permitted capacities. These will be defined by development standards and design guidelines. Church Plaza Office Tower/Retail Arcade. Between the Church Plaza on the north and Ninth Street on the south, development includes an 85,000 square foot office tower and 21,000 square feet of retail space, with an arcade frontage on the plaza, and underground parking structures. Ninth Street Extension Retail. About 25,000 square feet of new and refurbished space forming the south frontage along Ninth Street, between Broadway and Main. The Ninth Street extension will be a privately owned pedestrian street with limited vehicular access. It should be fully secured during off -hours. Buffum's Block. An 81,000 square foot office tower or hotel development, and 20,000 square feet of retail space on Main street, between Ninth and Tenth Street, and parking structure along Bush Street. Bank of America Block. An 81,000 square foot tower or hotel development, and 9,000 square feet of retail on main street, between Eighth and Ninth Streets, and parking structure along Bush Street. Main Street Shops. Low-rise retail frontage on Main Street between Civic Center Drive and Eighth Street, About 10,000 square feet of ground floor retail and 10,000 square feet of upper level space. Broadway Mixed. . __ d Ilk— M—suitable for a Ipt�>>; mixture of office, education and institutional functions, with parking , �� along SAWs�"p�i° Biir of Tenthl and Broadway. Christian Science Church. If the church should move from its current building, the building could be adaptively reused as a civic auditorium, a community building, or as a public meeting place. It is an architectural and historical asset that should be preserved. DEVELOPMENT STANDARDS Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Civic Professional district shall be as follows. 1. Professional, business and administrative offices and services. 2. Banks, finance, insurance and real estate offices. Walk-in facilities shall be on the first floor only. 3. Public agencies, and quasi -public organizations and offices. 4. Trade schools, professional schools and academic colleges. 5. Specialty and general practice medical and dental offices, including counseling and psychology, above the ground level (second floor or above). 6. Service and commercial retail uses which shall be limited to: book stores, stationary shops, gift stores, personal and business services*, restaurants, delicatessens, florists, pharmacies, and specialty markets. *Examples of personal and business services include dry cleaners, hair salons, travel agent, insurance, copy center, maillpostai center, tailor, shoe repair, ad supply, office supply. Bail bond use are not permitted.. 7. Museums, galleries, libraries, theaters and cinemas except those that require a conditional use permit. 8. Artist studios. 9. Day care facilities. 10. Health clubs. Conditionally Permitted Uses The following use? may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship, provided they are located in free standing buildings only. 2. Night clubs, bars and indoor entertainment establishments, whether freestanding or part of another permitted or conditionally permitted use. 3. Parking lots and parking structures. 4. Collectibles and antiques, not including thrift and pawn shops. 5. Food uses open from 12 midnight to 5:00 a.m. and located within 150 feet of residential property. Page 12 of 37 Chanter 4: Civic/Professional District 29 Midtown Speck Plan Building Envelopes General The permitted building envelopes in the Civic/Professional District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship between public and private pedestrian space and the building wall, which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. Exhibit 10, Civic/Professional District Height and Setbacks, provides the setback dimensions from property lines and other benchmarks throughout the district, and height limits and setbacks for buildings higher than 35 feet. Reference information on the exhibit shows existing buildings that are likely to remain, thereby indicating relationships between existing buildings and potential new development or realization. Also shown for reference are major features of the comprehensive plan, including major open spaces, planned parking facilities, pedestrian access ways and recommended ground floor arcades. Building Height Height is specified by number of stories and feet as measured from curb height. Generally, the maximum height for all low-rise buildings is 35 feet. Buildings above 35 feet in the Civic/Professional District include existing office towers on Main street and Broadway and potential office towers clustered at the intersection of Main street and Ninth Street, where heights may be up to 120 feet. The towers are set back 15 feet from the Main Street and Ninth Street property lines or edge of the Ninth Street private pedestrian way. A maximum diagonal dimension is also specified to encourage slender towers. An optional tower configuration is shown for a business hotel on the Buffum's block, whereby two hotel towers would be permitted with appropriate spacing between and a maximum 140 foot diagonal dimension. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street walls and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The major setback conditions are discussed below by street: Main Street. A variety of conditions exist, but most buildings have no setback, thereby resulting in a tight, urban sidewalk character of minimal width. Major exceptions are the church plaza at Tenth and Main and the existing tower between Eighth and Ninth, which is setback 12 feet and has a 13 foot wide ground level arcade. The potential future tower sites at Ninth and Main would maintain the 15 foot setback condition and provide a 15 foot wide ground level arcade in the setback. The towers would be setback 15 feet from all property lines, thus reflecting the siting of all existing towers on Main street. Open space and plaza amenities to be maintained and provided include the existing church plaza at Tenth Street, a wide sidewalk area across the street mirroring the wide sidewalk area north of Tenth, a comer plaza at Ninth and Main to provide an entry court for the potential tower, and a pedestrian plaza in a portion of the abandoned Seventh Street right-of-way. Ninth Street Pedestrian Way. This planned private access way is 40 feet wide and lined with 15 foot deep ground level arcades along most of its length. It terminates in a 70 foot wide plaza, also lined with arcades, on the west side of Broadway. Civic Center Drive. The existing building walls will create a variegated landscaped area with varied and generous setbacks along the street, providing an aesthetic foreground for the cluster of older buildings of character likely to remain, and contributing to the parkway character which exists along much of Civic Center Drive. Broadway. Twenty foot setbacks are established for all new developments This will ermit the landscaped character of Broadway north of . Tenth Street to be continued to the south pf " . The exceptions are existing buildings that remain, which have less the 20 foot setbacks. Sycamore Street Sycamore functions primarily as a local service street and provides access to existing and planned parking. Three variations to the standard condition of zero setback occur. the church plaza at Tenth Street and a wide (35 foot) setback across the street to extend the landscaped character, comer setbacks and arcades at the Ninth Street pedestrian way intersection with Sycamore; and landscaped parkway areas at Civic Center Drive. Vine pockets are encouraged along parking structures and a 10 foot landscaped setback is required at surface parking lots. Church Plaza. An expanded landscaped open space is planned to enhance the setting for the church. The south edge would be defined by a ground level arcade. 30 Page 13 of 37 Midtown Specific Plan Midtown Specfflc Plan FINANCIAL DISTRICT THEME A midrise district of office towers on Main Street, with a vibrant street - life of support retail stores, services and restaurants. (See Exhibit 21, Financial District Concept Plan.) OBJECTIVES • Maintain the existing concentration of financial institutions and office towers on Main Street and encourage reinvestment to enhance the quality of this space. • Encourage an office tower development on Main Street. • Encourage ground floor retail uses on Main # street to serve the day -time office employees, visitor traffic on Main Street and to enhance the quality of the pedestrian experience. Enhance the sidewalk space on Main Street through widening, additional landscaping and streetscape amenities on private property. LAND USE ACTIVITIES The Financial District lies at the center of Midtown from Tenth Street on the south and Washington Street on the north, and between Sycamore Street on the west and Bush Street on the east. The Financial District abuts the Civic/Professional District on the south, with its intended concentration of institutional and civic uses, and is within easy walking distance of the downtown retail activities along Fourth Street. The Financial District is bordered by the historic 4 Broadway ei eerrider on the west with its mix of residential and office i uses, and by the historic French Park residential district on the east. Lower intensity strip commercial development predominates along Main Street north of Washington Avenue. The Financial District's primary role in the Midtown area is to act as a concentrated office district that will attract a mix of professional offices, financial institutions, and governmental agencies reliant in aft on proximity to the Civic Center. Ground floor space should be filled with uses that are traditionally street oriented and encourage pedestrian activity, including retail establishments, restaurants, ileamAr4 w?Msr$ w MAIN 51: 0 Or JIL wrY,wG7aN .0 it OAT UK NEW BUILDING ^1 PARKING A" —PARKING ACCESS '3 PROPOSED PLAZA/ " LANDSCAPED AREA ft EXISTING BUILDINGS it OF CHARACTER Financial District Concept Plan Page 14 of 37 Chapter 5: Financial District 41 REFURBISH LARGE FLOOR-PLA1E SPACES --. PEDESTRIAN EMPHASIS MAIN ST. 5 f m Exhibit 21 SPACE —JAL WFSHIN6TON AYE. Y L'_ I I t71 12TH ST. "f r. ''Il�iO'� NTH ST. 1 Q I T _ 10TH ST. m, OPEN SPACE m m NODE f ® NEW BUILDING i --1 PARKING e� PARKING ACCE55 PROPOSED PLAZA/ LAND5CAPE AREA EXISTING SUILDING5 OF CHARACTER Financial District Concept Plan I Page 15 of 37 Midtown Specific Plan banks, credit unions, and other activities that serve office workers in and near the district. Given the relatively homogenous character of the Financial District, activity patterns will be much less complex than characterized by the Civic/Professional District to the south and the mixed office and residential districts to the east and west. Uses foreseen for the Financial District include: • Professional, financial, insurance and real estate offices. Offices that rely on direct interface with clientele, such as retail bank operations, should locate on ground floors. • Governmental agencies needing larger floor areas, but not having a large walk-in clientele. Examples include specialized service agencies, regional planning agencies, independent transit authorities, and Federal offices. • Retail commercial uses that serve office workers and clients, including ground floor retail shops such as books, stationary, gifts, personal services, business services, and restaurants. • Museums, galleries, or unique attractions. • Day care facilities • Medical offices and clinics located on the upper floors of commercial office buildings. PHYSICAL FRAMEWORK • The urban street grid is reinforced by the extension of Eleventh Street as a mid -block pedestrian way. • Main Street is the primary north -south arterial, and access to Pparkin is provided b cross streets and Sycamore Street �oi�fG : pY7fn [iee[��n����tr�9T'�V�&�Yl�lgrdf 1. • Open space nodes and special intersection streetscape on Main Street at Tenth and Washington Streets provide landmarks for the district. • Main Street is the primary pedestrian focus for the district. • New and existing large floor -plate spaces fronting Main Street are to be refurbished to enhance the Main Street pedestrian environment. SITE ATTRIBUTES • Significant concentration of existing office space • Main Street address • Highly visible and accessible location DEVELOPMENT OPPORTUNITIES The following development opportunities define the major projects within the district. The descriptions approximate the development potential of each site, and do not indicate actual permitted capacities. These will be defined by development standards and design guidelines. • Reuse and refurbishment of an appropriate ground floor activity on Main Street, such as a food court, gallery or exhibit space, as a bank, as a business service (including, but not limited to, copy services, Federal Express offices or United Parcel Service offices), or as service office uses such as insurance .or travel agencies. • Upgrading the existing office towers. • New office tower and ground floor retail space on east side of Main Street between Eleventh Street and Washington Avenue. This project could include refurbishment of the bank building on Main Street at Eleventh Street and incorporate the existing trade school block at Washington and Main. • Jewelry mart in an office tower. DEVELOPMENT STANDARDS Permitted and Conditionaity Permitted Uses Permitted Uses Permitted uses in the Financial District shall be as follows. 1. Professional, business and administrative offices and services. 2. Banks, finance, insurance and real estate offices. 3. Public agencies, and quasi -public organizations and offices needing large floor areas, but not having large walk-in clientele. 42 Page 16 of 37 Midtown Specific Plan w cc O H U) S N � WASHINGTON AVE. 12TH ST. 11TH ST. 10TH ST. IF_,��� l FINANCIAL DISTRICT HEIGHT AND SETBACKS LARGE FLOOR -PLATE BUILDING HEIGHT IS 35' UNLESS INDICATED OTHERWISE �EXISTING BLDGS. LIKELY TO REMAIN EXISTING SIDEWALK CANOPY ®EXISTING TALLER BLDGS. LIKELY TO REMAIN OLDER BLDGS. OF CHARACTER LIKELY TO REMAIN — EXISTING CURB LINE —..— PROPERTY LINE PROPOSED PARKING MIXED USE ZONE BLOCK PERIMETER SETBACK T BUILDING HEIGHT (No. of Floors) PROPOSED SITING OF HIGHER BUILDINGS }� PEDESTRIAN WAY • • . • PROPOSED GROUND FLOOR ARCADE ^^^ OPEN SPACE/LANSCAPE AREA Exhibit 22 Financial District Height and Setbacks \iI Page 17 of 37 Midtown Specific Plan Sycamore Street. Sycamore functions primarily as a local service street a 1tthS?eeA; ,d 11orgWA ,S,itgtgn and provides access to existing and planned parking facilities on the east side of the street. There are no setback requirements. Vine pockets are encouraged along parking structures, and a 10- foot landscaped setback is required at . surface parking lots. Bush Street. Existing and planned parking facilities line the street. A ten foot setback is required for a three -level parking structure and a fifteen foot setback is required for a four -level structure. Floor Area Ratio The floor area ratio for the proposed office towers in this district is 2_0 FAR. The potential new tower may only occur with the abandonment of Twelfth Street and consolidation of the two blocks. Parcel Size The minimum parcel area is 15,000 square feet and the minimum frontage of 120 feet. f Chapter 5: Financial District Page 18 of 37 45 J WASHINGTON AVE. TENTH ST. Exhibit 23 Figure Ground Diagram Page 19 of 37 Midtown Specific Plan Pedestrian/Parking Diagram (Exhibit 25) These diagrams illustrate vehicular access points and pedestrian paths at proposed parking structures. To ensure lively streets, the following design guidelines are recommended: Discourage general public access from parking structures directly to buildings to encourage pedestrian traffic on the street. • Stairs and elevators serving parking structures be located with direct access onto street sidewalk; preferably, stairs should be located at or as near as possible to the intersection of two streets. • Shops front directly onto Tenth, Eleventh, and Washington Streets. • Where possible, retail should also be located on major north/south streets; if only one entrance is to be provided, it should be off the side streets (EastANest), with the exception of Washington Street. • No parking structures shall front on Main Street. WASHING'rON AVENUE STREET Legend Retail Arcade Pedestrian Path Ut 25 Pedestrian/Parking Diagram 48 Page 20 of37 Midtown Specific Plan 0 z Legend Retail 2M Arcade says Pedestrian Path ......... =::N (;= Exhibit 25 WASHINGTON AVE. U) 11 => ....................... L TENTH ST. Pedestrian/Parking Diagram ST. 3T -,Page 21 of 37 SEVENTEENTH ST. ply u l " k it i�n'I m I � L•I , �•� Illlul�ll�� ! , uuu�oo��oun ou...00uou. pp r�I Pjj�I�uj61j16t ����}'tr SMALL OEXTEND CALE ALONG 7„„' ,� -;�.:>. - "" -' WASHINGTON AVE. 17 rd OPEN SPACE NODE ® NEW BUILDING i PARKING i -e- PARKING ACCESS PROP05ED PLAZA/ •v`� LANDSCAPE AREA EXISTING BUILDIN65 OF CHARACTER Exhibit 29 Community & Specialty Retail District ;'Page 22 of 37 w W W N O � � O � m I ST. COMMUNITY/SPECIALTY RETAIL DISTRICT :. HEIGHT AND SETBACKS EXISTING LARGE FLOOR -PLATE OTHLEFWISEEIGHT 1535'UNLESS INDICATED �I�.��I� `L' EXISTING SILEWALKCANNPY EXISTING TALLER BLOGS. LIKELY TO REMAIN OLDER SLDGS. OF CHARACTER LIKELY TO REMAIN — EXISTING CURB LINE --.—PROPERTY LINE pgppOSED PARKING MIXED USE ZONE BLOCK PERIMETER SETBACK OO BUILDING HEIGHT (No. of Floors) PROPOSED SITING OF HIGHER BUILDINGS �` PEDESTRIAN WAY .... PROPOSED GROUND FLOOR ARCADE =,Z OPEN SPAC&LANSCAPE AREA Exhibit 30 Community and Specialty Retail Height and Setbacks Page 23 of 37 SEVENTEENTH ST. 11 WASHINGTON AVE. Exhibit 31 Figure Ground Diagram Page 24 of 37 ST. ST. S N Z 'a WASHINGTON AVENUE M Exhibit 32 Built Form Diagram Page 25 of 37 ..... _ .. SEVENTEENTH ST. Legend: WAJNINU I ON AVE. Retail Arcade Pedestrian Path .......... Exhibit 33 Pedestrian/Parking Diagram Page 26 of 371 - Midtown Specific Plan BROADWAY CORRIDOR DISTRICT THEME A major north -south arterial with a scale and character reflective of its past as a residential boulevard, which has a wide variety of residential, institutional and office uses. (See Exhibit 37, Broadway Corridor Concept Plan.) OBJECTIVES • Maintain the scale and character given to much of Broadway by the large number of historic and architecturally significant structures, the mixture of office, institutional and residential uses, landscaped front yards and mature street trees. • Encourage revitalization of existing multi -family residential properties for safe and sanitary housing units. • Encourage revitalization of existing properties for a variety of professional office, service and institutional office uses. • Provide through -block pedestrian ways from Broadway to Sycamore 04 n SEr to increase convenient circulation routes. • Encourage retention and expansion of the existing snare and mature Meer a a gFeen open spaGa-oasis along Syeamere between Tenth and Washington. Extend the Sysamere green o en space frontage north of Washington on the west side of y the street as a visual connection to the landscaped parking lot plaza proposed to surround Home Savings' existing parking. • Maintain the small scale character of office uses fronting Sycamore Street between Washington and Seventeenth Street and, where appropriate, encourage their revitalization at a similarscale. NEW BUILDING PARKING -PARKING ACCESS PROPOSED PLAZA/ LANDSCAPED AREA EXISTING BUILDINGS OF CHARACTER SEVENTEENTH ST. Exhibit 37 Broadway Corridor Concept Plan Chapter 7: Broadway Corridor District Page 27 of 37 M SEVENTEENTH ST. ® NEW BUILDING "i PARKING ,—PARKING ACCESS LANDSCAPE AREA EXISTING BUILDINGS OF CHARACTER a W 0 0 Q Q N O �y m Exhibit 37 Broadway Corridor Concept Plan j Page 28 of 37 Midtown Specific Plan LAND USE/ACTIVITIES The Broadway Corridor District encompasses both sides of Broadwu and the west side of Sycamore Street between Tenth Street and Seventeenth Street. With the notable exception of the 10 story office building in the 1600 block and the next door apartment complex, this area is a mix of residential, office, and institutional uses in one and two story buildings. The Broadway District abuts the CiviGProfessional District to the south, and backs onto the f gidadwp si'i iitec €inansial—DisWst and the Community and Specially Retail District to the east. The Broadway District has a strong historic character, with a number of buildings dating from the turn of the century. The Broadway District will continue to play its current role in the Midtown area by providing lower -intensity office space mixed with residential and institutional activities, such as churches and social services. The urban scale and form will remain that of a large square footage single family neighborhood with deep setbacks from the street. Broadway itself will continue to carry heavy traffic as a secondary arterial access for the downtown and Civic Center areas to the south. The Broadway District will continue to serve the downtown and Civic Center areas with professional offices, space for semi-public service agencies such as the YWCA, and limited residential uses. While very low intensity in character, the district will thus house a wide variety of uses and activities. These activities and uses include the following: • Professional, financial, insurance and real estate offices with little walk-in traffic. • Institutional office uses, including public agencies and private office uses. • Specialty and general practice medical and dental offices. • Reoccupied single family structures for cottage industries, as a conditional use. • Day care facilities. • Congregate care and convalescent homes. PHYSICAL FRAMEWORK • Broadway is the major north -south arterial forming the western edge of Midtown. • Older structures, landscaped front yards, mature street trees and small lot froOil asefine Broadway's unique character, IM N'eat S p o s n? SITE ATTRIBUTES • Between residential neighborhoods and central city commercial district. • Significant concentration of older structures of character • Landscaped front yards and mature street trees. • Small lots and primarily residentially -scaled structures. DEVELOPMENT OPPORTUNITIES The following development opportunities define the major projects within the district. The descriptions approximate the development potential of each site, and do not indicate actual permitted capacities. These will be defined by development standards and design guidelines. Small Lot Infill. Existing vacant lots, and those with deteriorating structures that are not architecturally significant provide sites for small-scale office development, consistent with the architectural styles and scale of surrounding structures. Renovation. Refurbishment of existing structures for re -use as professional offices, services and institutional uses. Revitalization. Upgrading major office structures to make them competitive in the" local office market. 70 Page 29 of 37 Midtown Specific Plan SEVENTEENTH ST. BROADWAY CORRIDOR DISTRICT w== ul HALESWORTH 10TH ST V-41 I? R 0 ix m ENHANCED ENHANCE INTERSECTION INTERSEI 0140 15TH ST. 20 .--,I I 11 11 a1 U) a= 0 r7M 0 Im m Z.: W U) 10 m 00 Will ow m 0 11 Z WASHINGTON AVE. 20 J, HEIGHT AND SETBACKS EXIDSCTINILILKARGTEOFLOOR LATE UNLESS INDICATED IS. LIKELY REMAIN BUILDING HEIGHT IS 35 BE, N OTHERWISE EXISTING SIDEWALK CANOPY 1,4 m r r EXISTING TALLER SLUGS. OLDER 86DGS. OF CHARACTER LIKELY TO REMAIN LIKELY TO REMAIN EXISTING CURB LINE PROPOSED PARKING PROPERTY LINE W-16—MIXED USE ZONE BLOCK PERIMETER SETBACK Q BUILDING HEIGHT (No. of Floors) PROPOSED SITING OF HIGHER BUILDINGS PEDESTRIAN WAY —PROPOSED GROUND FLOOR ARCADE OPEN SPACE/LANSCAPE AREA Exhibit 38 Broadway Corridor Height and Setbacks PagcMoM Midtown Specific Plan LANDSCAPE CONCEPT PLAN Midtown is articulated by an urban fabric of city blocks bounded by avenues and streets. The landscape concept plan (Exhibit 41, Landscape Concept Plan) proposes to strengthen the existing grid pattern and define the character of individual roadways with a specific palette of plant materials arranged formally along the street space. Two distinct open plaza spaces occur on Main Street at Home Savings and First Church of Christ Sciences andwi"e connected by a park like setbaok leeated along the west side4 Syoa ne.e Street hat.yeen Tenth end Washington Streets. The following sections delineate the different proposed streetscape concepts from the palm lined Main Street to the quiet canopy of Bush Street. PUBLIC & PRIVATE OPEN SPACE Currently all open space areas in Midtown are privately owned, with the exception of street and other rights -of -way. This relationship will remain the same into the future, with all or most publicly accessible space such as plazas, promenades or courtyards being privately iwned and managed. New development will be required to improve certain plazas and pedestrian promenades in accordance with the Landscape Concept Plan (Exhibit 41). MAIN STREET Main Street will be the gateway to Midtown and its landscape character should reflect the importance of this role. Queen Palms are proposed to provide a vertical street tree compatible with the cluster of office towers and to mirror the Broadway streetscape. This will develop a vertical scale that could be identified from a distance. Banners hanging from the street lights could further enhance Main Streets importance and announce special events such as festivals and merchant -sponsored promotions. As funds become available, intersections will be improved at four locations: Seventeenth, Washington, Tenth, and Civic Center Drive. Enhanced paving or interlocking pavers would be utilized to define pedestrian crossing and set a standard for material upgrades for the district. subject to funding, the following streetscape upgrades could be utilized along Main Street to develop a vital commercial element: snwraxm rna Exhibit 41 Landscape Concept Plan Chapter 9: Landscape Concept Plan Page 31of37 83 Midtown Specific Plan PUBLIC SPACE NODES AND CONNECTORS Two open space plazas (non -buildable areas) will require special landscape treatment to create successful gathering places and complement their existing architectural landmarks, the First Church of Christ Science and Home Savings At both sites the street corner enhancement will be extended to all four adjacent comers. Intersection enhancement will include enhanced paving, signage, flags and banners, canopy trees for architectural definition, and palms for vertical scale. [Enhancement shall develop a landscape node that shall define the vehicular and pedestrian right-of-way for safety and function.] Landscape will envelop the open space with dense canopy trees to create a park like setting around and within the existing parking behind Home Savings. Future development plans will preserve the diagonal alignment created by Homes Savings to ensure the plaza space. Tree layout will provide visual access to architectural structures, screen the barren walls of neighboring buildings and emphasize the urban grid that surrounds them. The plaza around the First Church of Christ Science (Exhibit 42, Church Plaza) should remain as green space. The design will incorporate a retail arcade along the south edge of the plaza. The open space nodes will be connected by a passive park -like corridor along the west side of SyGameFe between Tenth and Washington. The character will be natural and freeform developing an oasis away from the urban grid. Indigenous plants will strengthen the existing oak and sycamore habitat. Exhibit 42 Church Plaza Chapter 9: Landscape Concept Plan Page 32 of37 85 Midtown Specific Plan CIRCULATION CIRCULATION PLAN Traffic and circulation analysis was completed as part of the evaluation of proposed conceptual land use plans for the Midtown District. The development envisioned for the study area, which consists of a variety of land uses and proposed parking facilities, would impact the circulation conditions in the study area. The study area is in close proximity to the Santa Ana Freeway (1.5) with convenient access to the Orange (SR-57), Costa Mesa (SR-55) and Garden Grove (SR-22) Freeways. Circulation System Principles Maintain Broadway and Main Street as enhanced visual corridors while ensuring that north/south arterial capacities are maintained. • Encourage safe pedestrian flow internal to the existing block setting. • Encourage pedestrians to use crosswalks across Main Street/Broadway where signal control is available. • Prohibit on -street parking along Main Street and Broadway, Encourage access to parking lots/structures from Sysamere, Bush and secondary east/west streets. • locate parking facilities so that pedestrians are encouraged to cross streets safely. Protect Bush Street and Sycamore Street north of Washington from heavy traffic to preserve and promote their character. Evaluate the use of stop sign control on Sycamore Street at Ninth and Eleventh Streets. • Increase car carrying capacity of parallel streets, Broadway and Main Streets. Evaluate the potential for new east/west streets and pedestrian access paths, on -street parking, further definition of grid pattern, and interdistrict circulation. Maintain the function of Civic Center Drive, and Tenth, Washington and Seventeenth Streets as east/west connectors by maintaining their current capacities. • Provide east/west pedestrian paths by extending Ninth, Eleventh, and Fourteenth Streets across the study area, per the concept plan and plan principles. • Discourage access to parking lots/structures from Civic Center Drive, and Tenth, Washington and Seventeenth Streets. • Enhance traffic flow along Civic Center Drive, and Tenth, Washington and Seventeenth Streets by not allowing on -street parking. Evaluate the suitability of the fixed guideway alignment along Syeamere Street. Vehicular Circulation Plan The potential measures to implement the principles have been identified and are listed above. The circulation plan for the Midtown District is illustrated in Exhibit 45, Circulation Plan. The circulation plan incorporates a majority of the measures listed above. Some of the elements of the circulation plan as illustrated in Exhibit 46 are as follows: Several new pedestrian pathways were recommended. Pedestrian safety, minimal pedestrian/vehicular interaction were considered in the recommendation of these pathways. Along some pedestrian pathways, vehicular traffic is limited to emergency and service vehicles only. Pedestrian crossings across Main Street and Broadway were limited to .existing signalized intersections. No new traffic signals were recommended. Parking is recommended to be removed along Main Street to enhance its capacity for through traffic movement. Access to the proposed parking structures was primarily limited to local streets such as Bush, Sycamore, Birch, Eighth, and Ninth Streets. Several enhanced intersections are planned throughout the City of Santa Ana to improve traffic flow on the arterial system, including Main Street and Seventeenth Street, Broadway and Seventeenth Street, and Main Street and First Street. Enhanced intersections are assumed to have as many as two left-tum lanes, three through lanes, and one right -turn lane on each approach to the intersection. The built environment may affect the extent to which an enhanced intersection is developed. Chapter 10: Circulation rage 33 of 37 91 ALONG BROADWAY A MAIN STREETS • NO PARKING ALLOWED • NORTHISOUTH MAJOR CORRIDOR • MAINTAIWENHANCE CAPACITY u � m � Z® N W M .V Fal IIIIIIIIIM � SEYENTEENTH ST. LEGEND ■ . Access Corridor O Signalized Intersections r OEnhanced Signalized Intersection I ® Realignment of Streets L Exhibit 45 Circulation Plan Page 34 of 37 15TH ST. 14TH ST. AYEbb- 12TH ST. WASHINOro"00TH STREET • EASTPNEST ACCESS tT" CORRIDORS 9T. . NO PARKING ALLOWED FSp C+ rc P o Q i m mi NN , m NN SEVENTEENTH ST. rl� a f �y � ■ R �.. 1 off- 16TH 6T. ICI 1 rN i, I �■ �� L-00�15TH15T. _ --1 f®©, I � I s I Y c�y� -14 _- TT �a ti 96 ■ L iC. 9D-19 �� ^ ■ .l;i1� I L I AVE. GTON i ■ WA ?jr 0 la �I - 0[ID 1 _ 1 HALE6WIORTN Q �- 1j I 1: O T 111TH 5T. Q ' Z LOTH ST. 9TH ST. BTH ST. PEDE6TRIAN �{ CIRCULATION F SANTA ANA BLVD. 4000 PEDESTRIAN LINKAGES ®D.q PRIMARY PEDESTRIAN �t o� WIDENED SIDEWALK p Jm �— 6TH 5T. Exhibit 46 Pedestrian Circulation Page 35 of 37 �I �•••10 e••�.CIVICCEMEBCHIVE... • Parking Districts Santa Ana Midtown District Exhibit 47 Midtown Parking Districts H Page 36 of 37 Midtown Specific Plan Midtown design elements that will be conditioned as developer improvements on adjacent projects include: Landscaping improvements. • The extension of the Ninth, Eleventh, and Fourteenth Street pedestrian connectors. The Seventeenth Street and Civic Center Drive comer features. The urban plaza features at Washington and Tenth Street. Meanwhile, City capital improvement funding will focus on streetscape improvements. These include: A parking and streetscape program on Main Street. An identification banner program. Entry treatments. The implementation strategy includes phasing priorities that focus at both ends of the Midtown area and work toward the middle: Priority 1 - Direct stimulus to the revitalization of the civic/professional district is to be provided through the construction of a public parking structure on the west side of Sycamore south of the Ninth Street extension. As part of this project, the extension of Ninth Street as a pedestrian corridor is to be undertaken. The Main Street parking and streetscape programs are also to be implemented. The provision of a new parking in the ClviclProfesslonal district will provide a significant attraction for new businesses, and eventually new construction. Priority 2 - The construction of a new community shopping center along the west side of Main Street between Washington Avenue and 17th Street is to proceed. This project will require considerable Community Development Agency involvement in recruiting a developer and major tenants including a supermarket, and providing assistance with land assembly. The project will need to integrate the construction of a parking structure to serve the needs of the new commercial development. The existing financial institutions also may be retained and incorporated into the development plan so that they function as key elements in the overall community serving project. The pedestrian connector shown in the plan along Fourteenth Street also should be constructed as a central pedestrian and entertainment corridor. The development of a Midtown Business improvement district is also necessary. This district is a mechanism for business in the area to come together for marketing, self -promotion activities, and business development similar to what is occurring in the downtown area. The City will explore using capital funds, grants or other funding sources to purchase undeveloped parcels on the west side of Sycamore Street north of Tenth Street, which are critical to the central open space resource of the plan. This area can be developed into the proposed urban park. in lieu of purchasing Syoarnem is required for development to maintain a park like Priority 3 - Construct Tenth Street to Washington Avenue parking facilities together with the mid -block pedestrian connector along Eleventh Street. Once additional parking is provided on the east side of Sycamore Street, then action can be taken to develop the central open space. The node around the church and the three lots along the west side of Sycamore Street south of Washington Avenue can be combined with the lots to the south purchased during Priority 2 to complete the development of the urban park. This priority also includes the construction of a parking structure west of Broadway south of Tenth Street with vehicular access on Birch Street and pedestrian access to Broadway. IMPLEMENTATION MATRIX The following matrix depicts the implementation program detailing the priorities listed above under the headings of development and parking, streetscape, open space and marketing. Projects are organized and prioritized as short, mid or long-term. Generally, short-term is within five years; mid-term is between five and 10 years, and long-term is beyond 10 years. Activities and projects are prioritized based upon their ability to stimulate new private investment in Midtown. The Implementation Program serves as a guide for allocating City resources in Midtown as well as assisting in the direction of private funding and capital outlay. As funds become available, projects identified as short-term are to be given first priority and included in the City's budgeting process. Private development interest may also effect the allocation of public resources and project priorities 9 it is determined that the private project promotes the goals and objectives of the Specific Plan. 106 Page 37 of 37 Midtown Specific Plan EXHIBIT A EXHIBIT 19 SPECIFIC DEVELOPMENT PLAN NO. 75 One Broadway Plaza Specific Development District (SD-75j TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Goals, Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Floor Area Ratio 2. Parcel Size 3. Building Envelopes 4. Office Tower a. General Requirements b. Building Setbacks c. Building Height d. Screening e. Elevations f. Signs 5. Parking Structure a. General Requirements b. Building Setbacks c. Building Height d. Screening e. Elevations f. Landscaping g. Signs 6. Parking and Circulation 7. Plaza Design 8. Public Art EXHIBIT 19 One Broadway Plaza Specific Development District (SD-75) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject 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. SECTION 2 PURPOSE The Specific Development No. 75 (SD-75) 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-75 regulations will establish a professional district that will exclusively entitle a 37-story, 518,003 square foot office tower at the northeast corner of Tenth Street and Broadway with a historic setting further north along Broadway to Washington Avenue. This area will be primarily a professional office district with support services and eating establishments. SECTION 3 GOALS, OBJECTIVES AND POLICIES The One Broadway Plaza Specific Development District is located within the midtown area of the City. The One Broadway Plaza Specific Development District encompasses a large established city block bounded by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. The One Broadway Plaza Specific Development District maintains a historic character along the northwest portion of the district, with a number of buildings dating from the early years of development in Santa Ana. The project site is surrounded by the Civic/Professional, Financial, and the Community Specialty Retail zones of the Midtown Specific Plan, The One Broadway Plaza office tower is intended to be a major landmark in the midtown section of the City of Santa Ana. In addition, the various activities planned for this site will result in the project becoming a node, or P place of activity. The objectives of the One Broadway Plaza specific development plan include the following: • A landmark office project along Broadway at the center of the Midtown Specific Plan. • Maintain the existing streetscape pattern including sidewalk design, mature palm trees and historic light fixtures. • Maintain the scale and character established by the existing historic structures along the north end of the district. • Maintain large open setbacks adjacent to Broadway. • Encourage revitalization of existing properties for a variety of professional office uses. • Enhance the pedestrian experience through the development of new plaza areas and water features at the intersection of Sycamore Street and Tenth Street and Broadway and Tenth Street. SECTION 4 PERMITTED IMPROVEMENTS Improvements permitted on the project site include either one of the following: 1. An iconic office tower of no less than 493 feet tall, approximately 37 stories, 518,300 square feet of building area with a destination restaurant at the top two levels of the tower. a. The project site shall be no less than 4.339 acres b. A nine level (one subterranean and eight above grade), 78 foot high parking structure, with a minimum of 2,463 parking spaces. c. The renovation and rehabilitation of four existing structures located to the north of the office tower. The structures are those addressed as 1103, 1111, 1115-17 and 1211 North Broadway. 2. All other permitted improvements shall comply with the Midtown Specific Plan, Chapter 7, Broadway Corridor District, Development Standards. SECTION 5 PERMITTED USES The category of permitted land uses to be included within the project include: Professional and business offices, banks and similar financial institutions, service and commercial retail uses and restaurants. If a use is for any reason omitted from those specified as permissible, or if an 3 ambiguity arises concerning the classification of a particular use, the determination shall be at the discretion of the Planning Manager. 1. Professional, business and administrative offices and services, including but not limited to employment agencies, advertising agencies, escrow agencies, accountants, insurance, attorneys, architects, engineers, planners and other similar uses. 2. Banks, finance, insurance and real estate offices. 3. Service and commercial retail uses which shall be limited to: a. Bookstores b. Stationery shops c. Gift stores d. Dry cleaner e. Hairsalon f. Travel agent g. Copy center h. Mail/postal center i. Tailor j. Shoe repair k. Art supply I. Office supply 4. Cafes and 5. Florists 6. Pharmacies 7. Day care facilities 8. Museums, libraries and galleries 9. Artists' studios SECTION 6 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal code: 1. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use, except adult entertainment businesses 2. Establishments selling or serving alcoholic beverages 0 3. Coffee houses 4. Banquet facilities 5. Uses open after midnight to 5:00 a.m. 6. Helipads 7. - _ SECTION 7 DEVELOPMENT STANDARDS The One Broadway Plaza Specific Development District is intended to allow the development of a landmark office tower and affiliated parking garage while maintaining some of the historic structures located on the northwest side of the district. The following general development standards are applicable to this project: 1. FloorArea Ratio (F.A.R.) The required floor area ratio for the project site shall be 2.9, or 530,487 square feet of development. The FAR is calculated by dividing the total square footage of the office building plus the existing structures to remain by the total square footage of the project site. Consistent with the General Plan, the parking structure is not included in the FAR calculation. This FAR includes the proposed office tower (518,003 square feet) and the structures that will remain on the project site (12,484 square feet). The FAR for the existing structures shall remain at 0.5 or less. 2. Parcel Size The One Broadway Plaza parcel size shall be 4.339 acres. Subdivision of the parcel is not permitted. 3. Building Envelopes Height and yard areas established for the existing structures and the office tower define the permitted building envelopes in the One Broadway Plaza Specific Development District. With the exceptions of the office tower and parking structure, all buildings shall maintain a lower scale character no taller than 35 feet or 3-stones, whichever is less. 4. Office Tower The basic form, size and location of the office tower as illustrated in the applicant's plans are hereby approved. In order to address certain outstanding details, however, revised plans conforming with Section 7-4-e-iii of this ordinance shall be submitted to and be approved by the Planning Commission prior to issuance of any building permits. a. General Requirements i. The office tower shall remain consistent with the approved site plan as shown in Exhibit 1. b. Building Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The front yard is one of the most important characteristics of Broadway and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Major setback conditions are discussed below by street: i. Broadway: The One Broadway Plaza office tower shall maintain a building setback of 20 feet. This setback area may include hardscape as shown on the approved plaza plan. For existing buildings, a setback of 20 feet shall be maintained. The existing structure at 1111 North Broadway shall maintain a minimum setback of 15 feet. ii. Tenth Street: A 12-foot building setback shall be required for the office tower. Hardscape, landscape and water features shall be provided in the required setback as shown on the applicant's Landscape Plan dated February 4, 2004 (Exhibit 2). iii. Washington Avenue: The 15-foot landscaped setback for the existing structure shall be maintained. c. Building Height The approved height for the office tower is approximately 493 feet. Modifications to the tower's approved building height or number of stories, which represent either an increase or decrease, shall not be allowed. The existing buildings along Broadway shall maintain their existing height and shall not exceed 35 feet. is d. Screening All appurtenances shall be located outside any required setback and shall be screened from view. e. Elevations Exterior elevations shall incorporate a translucent, non - reflective glass in a light green tone consistent with the materials board sample provided by the applicant and as approved by the Planning Commission and City Council. ii. The structural system of the building shall be visible from the exterior elevations consistent with the plans approved by the Planning Commission and City Council. iii. Incorporate an arcade or ground level "skirt" to provide a transition between the tower and pedestrian level. Plans satisfying this requirement shall be submitted to and must be approved by the Planning Commission prior to the issuance of any building permit. 5. Parking Structure The basic form, size and location of the parking structure as illustrated in the applicant's plans are hereby approved. In order to address certain outstanding details, however, revised parking structure plans shall be submitted to and be approved by the Planning Commission prior to issuance of any building permits. The revised plans shall comply with the following: a. General Requirements i. No parking areas above or below grade shall encroach into required setbacks. ii. Subterranean levels shall use offset sloping ramps to allow for open and unobstructed visibility for floor surveillance. iii. The parking structure shall maintain a minimum vertical clearance of 11 feet on the street level, with the exception of the entry at Sycamore Street. The entry area shall maintain a vertical clearance of 21 feet to facilitate the loading and unloading function as well as allow trash truck access. iv. On all other levels, the parking structure shall maintain a minimum vertical clearance of eight feet, two inches. 7 v. Glare from the parking structure lighting shall not be visible from the plaza level or any public right-of-way. vi. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. vii. The parking structure shall be completed, shall have been finaled by the Building Division and be fully operational prior to any occupancy of any building or use, or portion thereof, for which the structure provides parking. viii. The parking structure shall contain a minimum of 2,463 parking spaces, which are allocated as follows: a) 1470 spaces for the office tower b) 50 spaces for ground level retail uses (10,000 square feet) c) 180 spaces for restaurant uses (18,000 square feet) d) 29 spaces for offices uses within existing buildings (9,627 square feet) e) 29 spaces for restaurant uses within existing buildings (2,857 square feet) f) 30 spaces to replace parking displaced on Sycamore Street g) 100 spaces to replace parking displaced on Main Street h) 110 spaces to replace existing surface parking lot for 1200 N. Main Street i) 12 spaces to replace existing surface parking lot for 1111 N. Broadway j) The remaining 453 parking spaces may be used for other uses in the area b. Building Setbacks i. Broadway: The minimum required setback for the parking structure is 124 feet as measured from the property line. ii. Washington Avenue: A landscaped setback of 15 feet shall be required. iii. Sycamore Street: There shall be no setback requirement. M iv. Tenth Street: The minimum required setback is 145 feet as measured from the property line to the entrance to the parking structure. c. Building Height The maximum allowable height of the parking structure is 78 feet. d. Screening All appurtenances shall be located outside any required setback and shall be screened from view. e. Elevations i. The north and east elevations shall incorporate architectural cues and proportions found along Main Street to create an architectural screen as a visual enhancement to the existing commercial corridor. ii. Exterior walls shall exhibit horizontal rather that sloping design elements. iii. The exterior of the parking structure shall be painted a soft, earth tone color as approved by the Planning Division. Brighter and darker colors, including dark green, shall be prohibited. iv. Decorative grillwork or landscape materials shall be placed between wall and floor of the higher parking level. v. Elevators shall be located so they are visible to the public. The elevator cabs shall have glass facing the public view. vi. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vii. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. f. Landscaping: 9 i. Landscaping planters incorporated into the parking structure shall have a minimum planter dimension of 4-feet wide and 4- feet deep. An internal drainage system and waterproofing of the planters shall be provided along with an automatic drip - type irrigation system. ii. A trellis shall be incorporated into the north and west building elevations where blank walls occur on the structure. The trellis material shall be constructed of decorative and durable materials and shall cover a minimum of 60 percent of the blank wall. The trellis details shall be included in the project landscape plan and be approved prior to building permit issuance. iii. Canary Island Pines, Deodar Cedars and River She -Oaks shall be planted along the Broadway and Washington Avenue elevations. The trees shall be planted at a minimum of 30 feet on center as shown on a landscape plan to be approved by the City's Landscape Development Associate prior to the issuance of building permits for the parking structure. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. iv. The size of the trees to screen the parking structure along Washington Avenue and Broadway shall be a minimum 120- inch box tree. g. Signs i. All signage shall comply with the Santa Ana Municipal Code. ii. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 6. Parking/Circulation A student drop-off area shall be created in the parking lot of 920 North Main Street for the exclusive use of the Orange County High School of the Arts. The minimum standards for this function include: a. Prior to issuance of any building permits, construct a raised center median on Main Street per a Street Improvement Plan to be approved by the Public Works Agency. 10 b. Prior to issuance of any building permits, construct a two-way drop-off zone. Each lane shall have a minimum width of 18 feet. A yellow line approximately one foot in width shall be painted to separate the two drive-thru lanes. The plans shall be submitted to the Planning Division and Public Works Agency for approval. c. Prior to issuance of any building permits, install a hedge and 36- inch tall fence to direct students towards the Main Street and Sycamore Street public sidewalks in order to avoid illegal pedestrian crosswalk movements onto Tenth Street. d. Prior to submittal into building plan check, revise the site plan to depict and note the removal of the existing parking stalls and meters on Main Street consistent with the mitigation measures contained in the Final EIR. e. Prior to submittal into building plan check, revise the site plan to depict and note the restriping of Main Street to provide three northbound and two southbound travel lanes. f. All loading zone areas must provide a minimum 6-inch raised curb around the perimeter of each area. g. The proposed roundabout and water feature details must be included as part of the Plaza Plan referenced in Section 7-7 of this ordinance. Prior to the issuance of any certificate of occupancy, all water feature and roundabout improvements must be completed. h. Prior to issuance of any certificate of occupancy, close off the existing curb and gutter serving the trash collection area between 1200 South Main Street and the OCHSA. The curb and gutter shall be replaced with a new curb, gutter and sidewalk. i. Prior to submittal into building plan check, revise the site plan to depict and note the left turn ingress (Sycamore Street - southbound) into the school drop-off zone. j. Prior to submittal into building plan check, revise the site plan to depict and note wheel chair accessibility ramps at the Broadway egress exit. k. Prior to submittal into building plan check, revise the site plan to depict and note the replacement of the painted striped "No Access Zone" to be replaced with a raised median barrier with decorative pavement for the eastern and western portions of Tenth Street. 11 Prior to submittal into building plan check, revise the site plan to depict and note the modifications of the signals at the Main/Washington, Main/Tenth, Washington/Sycamore, Broadway/Washington and Broadway/Tenth intersections. m. Prior to the issuance of any certificate of occupancy, install either a traffic signal or a raised median at the Halesworth Street and Broadway intersection as determined by the Public Works Agency. 7. Plaza Design Prior to issuance of any building permits, a detailed Plaza Plan shall be submitted to and approved by the Planning Commission. a. The overall plaza design theme shall incorporate a minimum of three major pedestrian -level water features and two water elements adjacent to the proposed building. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved by the Landscape Development Associate prior to the issuance of any building permit. The minimum established size for palm trees shall be 30 feet brown trunk height. Non -palm tree species shall be a minimum of 20 feet in height and 60-inch box. c. Land uses such as retail, office or other services shall be incorporated within the plaza level pursuant to the approved site plan. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. d. The plaza shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. f. The color and appearance of the plaza furniture products and other elements must complement the overall plaza design and tower architecture. 12 g. 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. h. Trash receptacles should be located in high -activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. i. Bike racks shall be provided at key activity locations on the plaza level. j. All street furniture surfaces, pedestrian -level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza Plan. Plaza area paving shall consist of unit pavers. One linear foot of seating shall be provided for every 60 square feet of plaza area. Seating may include benches, low seating walls, steps, planter edges or fountains. The seating shall be designed to discourage sleeping. m. Lighting height in the plaza area should be at a pedestrian scale. A range between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until dawn. The overall lighting shall be maintained at one -foot candle and incorporate other pedestrian - oriented lights, such as lighted bollards. Uplighting of trees and other site features is also required. n. The required Plaza Plan shall include adequate provisions for the on -going maintenance of all plaza and roundabout improvements. o. The required Plaza Plan shall include design details, materials and provisions for the on -going maintenance for all interior public areas within the office tower, including but not limited to the ground floor and basement area lobbies. 8. Public Art a. Public art valued at one percent of the office tower valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public art may be comprised of multiple art pieces, however, at least one such art piece shall be placed at the southwest corner of the project site adjacent to Broadway and Tenth Street. 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 13 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 for review and approval prior to issuance of any building permits. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed prior to the issuance of any certificates of occupancy for the project. b. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the One Broadway Plaza development site. c. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement, including an art piece such as a mural that may be proposed on the south elevation of the parking structure at the Sycamore Street entrance, shall include advertising of any type, including but not limited to products, services or businesses. e. 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. f. 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. 14 lW,4:rr_�rr_ EXHIBIT 20 - I LITA [W WmAll I Lei L . t FFFF�q i �a��hva Wc's�asy; lot �.. F 3 e' 1 - ill 1 dF ' � ■{ of .JI"S 6Q�S fir. 4 S I;li Ne Not a++ h h 'W3 F X �3A4 Sd �' EXHIBIT 1 - DEVELOPMENT AGREEMEVT 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 9 6103 DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA ONE BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, and 845 BROADWAY, LLC Dated: July 19, 2004 EXHIBIT 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA and ONE BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, and 845 BROADWAY, LLC This 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") on the one hand, and ONE BROADWAY PLAZA, LLC, 1200 N. MAIN LLC, and 845 BROADWAY LLC, each of which is a California Limited Liability Company (collectively referred to herein as "Owner" or "Property Owner"), on the other hand. 1. RECITALS. The Agreement is entered into with reference to the following facts: 1.1 Agreement. The purpose of this agreement was to facilitate the development of the 37 story, 518,000 square foot, Class A office building and associated parking structure and ancillary commercial development contemplated by the City's Specific Design Zoning Designation SD-75, Environmental hnpact Report No. 99-01, General Plan Amendment No. 2004-01 and Zoning Ordinance Amendment No. 2004-02 (the "Pre -Existing Approval Entitlements"). 1.2 Code Authorization. City is authorized pursuant to Governnnent 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. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) This Agreement is intended to assure adequate public facilities at the time of development. (2) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and Specific Development District No. 75. (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, allapplicable Specific Plans and Specific Development District No. 75. (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. (5) This Agreement will allow 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 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/or pay such benefits sooner, 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 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 4.339 acres in size and is currently occupied by commercial and residential development. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. 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 June 14, 2004, the Plamiing 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. The Planning Commission recommended to the City Council of City that it execute this Agreement. On July 6, 2004, 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 July 19, 2004, the Council adopted Ordinance No. approving this Agreement. The ordinance and this Agreement becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.0.5 "Force Majeure" shall mean delays of performance by either party hereunder due to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; serious rain or inclement weather; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse performance by the City); litigation or arbitration; referendum; or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause or event resulting in such delays. 2.1 "Offsite Mitigation Measures" means all those mitigation measures not on the Property applied to the Project as either mitigation measures or conditions of approval, and which are set forth in greater detail in paragraph 5.1.1 below, and Exhibit C to this Agreement. 2.2 "Property Owner" or "Owner" means One Broadway Plaza, LLC, a California Limited Liability Company, 1200 N. Main LLC, a California Limited Liability Company, and 845 Broadway LLC, a California Limited Liability Company, being the person, persons, or entity collectively having a legal or equitable interest in the Property. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B, bounded by Broadway on the west, Washington Avenue on the north, Sycamore Avenue on the east and Tenth Street on the south. 2.4 "Project" is the development of a 37 story, 518,000 square foot, Class A office building and associated parking structure and ancillary commercial development on the Property as generally set forth in Specific Design Zoning Designation SD-75, Environmental Impact Report No. 99-01, General Plan Amendment No. 2004-01 and Zoning Ordinance Amendment No. 2004-02. The parties to this Agreement acknowledge and agree that to the extent set forth on the attached Exhibit D future discretionary approvals are required for the development of the Project on the Property, that this Agreement does not apply or in any way constrain the City's discretion as to such future discretionary approvals, and that such approvals if granted shall at that time be incorporated into the definition of the word "Project" as used herein. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement, incorporated herein by this reference as though fully set forth, and are identified as follows: Exhibit Referred to Desigilation Description in 4ertion A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Remaining Offsite Mitigation Measures 5.1.1 D Remaining Discretionary Approvals 5.1 E Scarifying Area 59(3) 4. GENERAL PROVISIONS. 4.1 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.3 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.2 Duration of Agreement. The term of this Agreement shall for seven years; provided, however that the Owner may request one two-year extension from the Executive Director of the Planning and Building Agency, which request shall not be unreasonably denied. Nothing herein shall be deemed to apply, however, to future discretionary acts related to the Project, as set forth in Exhibit D, which Owner has not obtained as of the effective date of this Agreement, or changes in the Project proposed by Owner during the term of this Agreement inconsistent with the Pre -Existing Approval Entitlements. 4.2.1 Tolling of Agreement During Force Majeure Event. Performance by Owner or the City shall not be deemed to be in default, and performance and the term of the Development Agreement shall be tolled, where delays or defaults are due to existence of a Force Majeure. Any such tolling shall extend only for the duration of the cause of the delay. Each party claiming a Force Majeure shall, within thirty (30) of discovery of a claimed Force Majeure, notify the other party in writing of the Force Majeure and its claimed duration. 4.3 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, 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 wider 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 assigmnent 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 Cotmcil. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. Owner may assign it rights, duties and obligations under this Agreement to an entity controlled fifty-one percent (51 %) by Michael F. Harrah without the City's approval, but only upon written notice to 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 wider this Agreement. if the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. 4.4 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled only 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. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.5 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 7.4 of this Agreement shall not include, and City shall not be liable for, any action in damages, except for damages solely caused by its willful or intentional conduct, 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 where such costs and fees are incurred solely caused by the City's willful or intentional conduct. 4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents and employees 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 their contractors, subcontractors, agents, employees, or other persons acting on their 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. The foregoing shall exclude claims based on the City's own negligence or intentional conduct. Property Owner agrees to pay all costs for the defense of the City and its officers, agents and employees 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 comiection with the Project, any claims arising out of this Agreement, or any approval or certification by the City relating to the Project (but excluding any third party costs, incurred by the City, including fees and costs for outside counsel and consultants). 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, excluding fees and costs for special counsel to be selected by the City or other outside counsel or 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. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 01 4.8 Relationship of the Parties. The contractual relationship between 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. 4.9 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 or other telegraphic communication in the manner provided in this Section, to the following persons: If to City, to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza M-20 1104. •.. Santa Ana, California 92702 telefacsimile (714) 667-1461 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: One Broadway Plaza, LLC 1200 N. Main LLC 845 Broadway LLC 1200 North Main Street, Suite 900 Santa Ana, California 92701 attn: Michael Harrah telefacsimile (714) 543-9972 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. 5. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The riles, 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, shall be the Pre-existing Approved Entitlements and all those rules, regulations, and policies applicable to the Property as of the effective date of this Agreement; provided, however, that nothing in this Agreement shall be deemed to apply to future discretionary approvals pursuant to the California Street Vacation Act, and other items to be reviewed and approved, approved with conditions, or denied, by the Planning Commission pursuant to the terns of the Pre -Existing Approval Entitlements as set forth in Exhibit D to this Agreement, and that this Agreement does not apply or in any way constrain the City's discretion as to such future discretionary approvals. 5.1.1 Offsite Mitigation Measures. The offsite mitigation measures which must be constricted by Owner or City are as set forth in Exhibit C to this Agreement. The design of all offsite mitigation measures constricted by Owner shall be subject to approval by the City's Public Works Agency prior to issuance of an encroachment permit. The Public Works Agency shall provide to the Owner an update to the 2004 estimate of the costs such offsite mitigations measures contained in said Exhibit C prior to issuance of final map and building permit. Owner shall have one year from the effective date of this Agreement pursuant to section 1.6, above, to acquire the real property referenced in paragraph 5.a. and 8 of Exhibit C and transfer title to the City, except as to the roundabout, for which Owner shall secure and transfer to City an easement (or other right to construct, maintain and use the property as a roundabout). City shall accept transfer of this title and easement. Owner shall deposit an amount equal to the estimate in cash. for such offsite mitigation measures (including traffic studies) at the time called for in paragraphs 5.a., 8 and 9 of Exhibit C. For all other items specified in Exhibit C, security in the form of bonds (i.e., a payment, a performance and a material bond) or other proof of ability to perform acceptable to the City's Executive Director of Public Works Agency shall be provided, together with an offsite subdivision improvement agreement, prior to recordation of final map. For those offsite mitigation measures identified in paragraphs 1-4, 5.b.-8 and 10 which have not been accepted by the City as complete prior to issuance of a building pen -nit, no building permit shall issue Lentil Owner deposits with the City cash; a direct draw, irrevocable letter of credit; or establishes an irrevocable, escrowed cash account in a form reasonably acceptable to the City Attorney of City, in an amount specified by the City's Public Works Agency to guarantee performance of said offsite mitigation measures; provided, however, that City Executive Director of Public Works Agency shall release or partially release the bonds previously provided at this point to the extent that they are duplicative of this new security. Any deposit shall be applied to such costs and shall be, within thirty (30) days written request to Owner, supplemented to cover the actual costs incurred. Except as to paragraph 9 of Exhibit C, City shall return any funds not spent on the offsite mitigation measures referenced in Exhibit C to owner within thirty (30) days, subject to City accounting practices, after completion of all items referenced in Exhibit C and issuance of a Certificate of Occupancy for the Project. 7 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, City retains the right to enact police power regulations in a non-discriminatory manner on the following matters not covered by section 5.1 of this Agreement: a. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with section 5.1 of 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) 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 (including amendments to such codes); (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. 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 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 Reserved. 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by Section 5.1 of this Agreement subsequent to the effective date of this Agreement, from applying new rules, regulations, and policies which are applicable to the Property, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for 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. hi 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. However, except as provided in section 5.1, above, the City acknowledges that it shall not apply to the Project any subsequently adopted ordinance, regulation or policy that would adversely affect the design or reduce the size of the project, or the tinning or sequencing of construction of the Project (including without limitation, through allocation of square footage or floor area allocation of water and sewer permits, school and traffic capacities and modifications of floor area rations to open space or other public improvements, and revisions to historical designations). 5.6 Processing Fees. All fees and charges intended to cover City 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. No newly adopted fee or charge imposed solely on commercial buildings exceeding ten (10) stories in height or one hundred thousand (100,000) square feet size shall apply to development of the Property, unless said fee or charge is mandated by federal or State law. 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 duplicate any project design features conditions of approval, Agreements, or mitigation measures already contained in Environmental Impact Report No. 99-01 or this Agreement. 5.8 Condition Precedent to Issuance Of Any Building Permit. The Owner shall not be issued any building permit, or rough grading permit permitting grading exceeding twelve inches (12") in depth (except as provided in section 5.9(3), below), for the Project until it provides evidence that the Owner has obtained binding commitments for lease of not less than 50% of the net leasable area in the Project from tenants who would qualify as "Investment Grade Tenants" (BBB- or greater) as rated by either Standard & Poor's or Moody's rating agencies. Non -rated publicly held, or private companies with a rating of BB or BB+ may meet this requirement by providing a "Shadow Rating" from either agency depicting a minimum of a neutral credit outlook. Law firms shall provide evidence of a rating of "AV" from Martindale - Hubbell or equivalent rating agency. Binding commitments to lease shall be in a form and content normally accepted by conventional lending institutions and subject to the review and approval of the City's Executive Director of Planning and Building, which approval shall not be unreasonably withheld. Owner shall have the right to commence demolition of existing non - historic buildings, and removal and relocation of historic buildings and rough grading (only to the twelve inch (12") depth permitted by the first sentence of this section) prior to the review and approval of the City pursuant to this section. 5.8.1. Payment Of Prevailing Wage. For the provision of the payment of "Prevailing" and/or "Area Standard Wages" as appropriate, the Owner shall submit evidence that it has entered into a labor agreement with the Los Angeles and Orange Counties Building and I Construction Trades Council. Said agreement shall also include provisions that encourage the referral and utilization, to the extent pennitted by law, of qualified residents as journeymen, apprentices and trainees. An executed copy of the agreement shall be submitted to the City prior to the issuance of building permits. 5.8.2. No Redevelopment Subsidy. The Owner shall not be entitled to request or accept any agreement with the Santa Ana Community Redevelopment Agency for economic, debt service payments, or other assistance for the development of the Project. Failure to comply with this provision shall be deemed in and of itself to constitute a failure to in good faith comply with terms or conditions of this Agreement pursuant to the terms of Government Code section 65865.1. 5.8.3 Minimum Cost of Construction. The core construction costs for the office building shall not be less than the RS Means "Medium" square footage estimate, including the installation cost of all mechanical and electrical equipment for a Class A high rise office building. 5.8.4. OCHSA Drop -Off Site. The drop off/pick up area for the Orange County High School for the Arts ("OCHSA") shall be approved by the City Engineer and be implemented by the Owner at its sole cost and expense before any demolition or construction is initiated for the Project. 5.8.5. Union Janitorial Service. Prior to receiving a Certificate of Occupancy, the Owner shall demonstrate to the City's Executive Director of Planning and Building evidence that it has entered into an agreement with a union janitorial service company for the provision of janitorial and maintenance services. 5.9 Historic Structures on the Property. (1) The Owner shall be responsible for the rehabilitation of the historic stricture located at 1109 North Broadway (Koenig House) per City standards. (2) At the sole expense of the Owner the historic structure located at 1015 North Broadway (Twist -Basler House) shall be relocated to Cabrillo Park, set upon a new foundation, and supplied with all necessary utilities. The structure shall be rehabilitated to City standards by Owner at its sole cost which shall, however, be an offset from the Arts and Culture Fees paid by Owner for the Project. (3) After complying with the relocation obligations of subsections 5.9(1), if necessary, and 5.9(2), Owner may, notwithstanding the provisions of section 5.8 above, scarify the soil in the Scarifying Area (shown on Exhibit E to this Agreement) to a depth of three feet (3.0') and drive piles in the area shown on Exhibit E to support the eventual 37-story office tower. The scarifying and pile driving shall be done at a time and manner as set forth in plans submitted by Owner and approved by the Executive Director of the Public Works Agency, and only after written notice of the commencement date and estimated duration of the pile driving has been given by Owner to the Santa Ana Unified School District, Orange County High School of the Arts, and El Sol Academy. The scarified area shall be refilled after the pile driving is complete to its original grade as shown in the approved plans and, if a building permit has not been issued and construction of the Project has not commenced within ninety (90) days 10 thereafter, landscaped, irrigated and fenced in accordance with plans submitted by Owner and approved by the Executive Director of the Planning and Building Agency. 5.10 Moratoria. Moratoria enacted by the City for the public health, safety, and welfare, to the extent permitted by section 5.5., above, which are imposed on the Property or Project, shall toll the time periods set forth in this Agreement. City shall not apply to the Property or Project any moratoria which is adopted and which, either facially or as -applied, has no application except to (or primarily to) the Property or Project. 5.11 City to Receive Contract Documents. Owner shall furnish City, upon written request, copies of contracts and supporting documents relating to the Project. 5.13 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 terns 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. 5.14 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, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal and state occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, 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"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. 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 annual review, 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 Planning 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. DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a 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; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Govermnent Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply in good faith 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 the occurrence of default, City shall give Property Owner (the "defaulting party") ninety (90) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said ninety (90) day cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said ninety (90) day cure period. For defaults that cannot be cured within said ninety (90) day cure period, City may terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time following said ninety (90) day period Owner fail to diligently proceed in curing the default. 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) 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. third person. (3) Non-performance shall not be excused because of a failure of a 12 (4) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (5) 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. (6) 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 City upon tennination of this Agreement. 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 enj oin 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 of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. S. 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 and absolute 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 securing financing with respect to the Property or its improvement. 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 shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within the same time period as provided in section T2, above, and said mortgagee or beneficiary shall have the right to cure such default within the same time and such additional time as may be necessary to exercise it rights as a secured creditor; provided said mortgagee or beneficiary promptly and diligently exercises such remedies. 8.3 Releases. City agrees that upon written request of Property Owner and payment of all fees and perforniance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may 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. 13 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. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of 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 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) 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 14 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 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 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. Dated this day of 2004. THE CITY OF SANTA ANA is Approved as to Fonm: DAVID N. REAM City Manager 15 ONE BROADWAY PLAZA, LLC, HE 1200 N. MAIN, LLC By: MIC Managing Member 845 BROADWAY LLC By: MICH3, Managing Member 16 State of California County of Orange On %( 61 Date personally appeared I SS. before me, Rosa S. Barela, Notate Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Michael F. Harrah ROSAS BARELA Commission#1303103 z Notary Public- CRIMI tta Orange County My Comm. Expires May 30, 21= State of California County of Orange I SS. ❑� personally known to me ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are - subscribed to the within instrument and acknowledged to me that h_alBhcAhey executed the same in liis//,her7fli;ir authorized capacity(ics), and that by 6s]Eierkitei signature(s-} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature oFN.,ary Public On � f / C I C11 before me, Rosa S. Barela, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Michael F. Harrah ROSA S, RARELA Commission # 1303103 z i %MyComrn. Notary Public- Califomia Orange County Expires May30, 2M5 ❑� personally known to me © proved to me on the basis of satisfactory evidence to be the persons) whose name(s) s_/ar-e subscribed to the within instrument and acknowledged to me that Ih she4ltey executed the same in (hisbher/thei-r authorized capacity(ies), and that by (Ia/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature UN.tary Nbk State of California County of Orange }SS. On before me, Rosa S. Barela, Notary Public Date Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared Michael F. Harrah ZZA s. BARELA Commission # 1303103 z Notary Public- Califomia Orange County PAy Comm. Expires May 30, 2005 Place Notary Seal AWve State of California County of Orange }SS. ❑ personally known to me ❑f, proved to me on the basis of satisfactory evidence to be the persons-)- whose name(s) OZarc subscribed to the within instrument and acknowledged to me that N/she/thcy executed the same in h! %Arcntlreir- authorized capacity(ies), and that by (11-57her/tleir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public On before me, Date Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature orNotary Public ORDER NO. 7002103-23 EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL A: THAT PORTION OF LOT 8 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF WEST STREET (NOW KNOWN AS BROADWAY), WITH THE SOUTH LINE OF WASHINGTON AVENUE, AS SHOWN ON SAID MAP; THENCE EAST 126.00 FEET ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED FROM A. S. DUNHAM TO ROBERT MC FADDEN; THENCE SOUTH 90.00 FEET ALONG THE WEST LINE OF SAID LAND; THENCE WEST 126.00 FEET, PARALLEL WITH SAID SOUTH LINE OF WASHINGTON AVENUE, TO SAID EAST LINE OF WEST STREET; THENCE NORTH 90.00 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL B: INTENTIONALLY OMITTED PARCEL C: INTENTIONALLY OMITTED PARCEL D: THAT PORTION OF LOT 6 OF WALTON'S ADDITION TO TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 14 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 6, AND RUNNING THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 164.84, MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO ARNOLD 0. WICKLUND AND WIFE, BY DEED RECORDED IN BOOK 883 PAGE 195, OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF SAID LAND CONVEYED TO WICKLUND AND WIFE 60 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID LOT 6, 164.84 FEET, MORE OR LESS TO THE WEST LINE OF SAID LOT 6, AND THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6, 60 FEET TO THE POINT OF BEGINNING. EXCEPT THE WEST 37.1 FEET INCLUDED IN BROADWAY STREET. Page 4 ORDER NO. 7002103-23 PARCEL E BEGINNING AT A POINT ON THE WEST LINE OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, 74 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 6; FOR PURPOSE OF THIS DESCRIPTION, THE CENTER LINE OF WEST STREET, AS SHOWN ON SAID MAP IS CONSTRUED TO BE THE WEST LINE OF SAID LOT 6; RUNNING THENCE 159 FEET, MORE OR LESS, TO A POINT 155 FEET WEST OF THE EAST LINE OF SAID LOT 6; THENCE SOUTH 50 FEET; THENCE WEST 159 FEET; THENCE NORTH 50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THE WEST 37.1 FEET INCLUDED IN BROADWAY PARCEL F: COMMENCING AT A POINT ON THE WEST LINE OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, 124 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 6; RUNNING THENCE EAST 162 FEET TO A POINT 152 FEET WEST OF THE EAST LINE OF SAID LOT 6; THENCE SOUTH 56 FEET; THENCE WEST 162 FEET; THENCE NORTH 56 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THE WEST 37.1 FEET INCLUDED IN BROADWAY. PARCEL G: THAT PORTION OF LOTS 2, 3 AND 6 OF WALTONS ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF TENTH STREET, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 105, PAGE 386, OF DEEDS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, WITH THE EAST LINE OF SAID LOT 2, AND RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID LOTS 2, 3 AND 6, A DISTANCE OF 386 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO BASLER, INC., A CORPORATION, RECORDED APRIL 20, 1956, IN BOOK 3481 PAGE 414, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID LAND, 152 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO HERMAN H, BASLER AND WIFE, RECORDED JUNE 29, 1948, IN BOOK 1660 PAGE 544, OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE NORTH ALONG SAID EAST LINE, 9 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE WEST ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID LAND DESCRIBED IN DEED TO HERMAN H. BASLER AND WIFE, RECORDED MAY 20, 1948, IN BOOK 1639 PAGE 310, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, 162 FEET, MORE OR LESS, TO THE WEST LINE OF SAID LOT 6; THENCE SOUTH ALONG THE WEST LINE OF SAID LOTS 6, 3 AND 2, A DISTANCE OF 395 FEET, MORE OR LESS, TO SAID NORTH LINE OF TENTH STREET; THENCE EAST ALONG THE NORTH LINE OF TENTH STREET, TO THE POINT OF BEGINNING. PARCEL H: BEGINNING AT A POINT 156-1/2 FEET SOUTH AND 162 FEET EAST OF THE NORTHWEST CORNER OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT OF BEGINNING BEING 152 FEET WEST OF THE EAST LINE OF SAID LOT 6; THENCE SOUTH 32- 1/2 FEET; THENCE WEST 152 FEET; THENCE NORTH 32-1/2 FEET TO THE POINT OF BEGINNING. Page 5 ORDER NO. 7002103-23 EXCEPTING THEREFROM, THE EAST 30 FEET INCLUDED IN SYCAMORE STREET, PARCEL I: BEGINNING AT A POINT 134 FEET SOUTH AND 162 FEET EAST OF THE NORTHWEST CORNER OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING 152 FEET WEST OF THE EAST LINE OF SAID LOT 6; THENCE EAST 152 FEET TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 32-1/2 FEET; THENCE WEST 152 FEET; THENCE NORTH 32-1/2 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THE EAST 30 FEET INCLUDED IN SYCAMORE STREET PARCELJ THAT PORTION OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 12 PAGE 98 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 6 OF WALTON'S ADDITION, WHICH SAID POINT IS 74 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 6, AND WHICH SAID POINT IS ALSO THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO L.G. BUTLER AND WIFE, BY DEED RECORDED IN BOOK 337, PAGE 208, OF DEEDS; THENCE SOUTH 50 FEET; THENCE WEST 155 FEET; THENCE NORTH 50 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL CONVEYED TO BUTLER; THENCE EAST ALONG SAID SOUTH LINE, 155 FEET TO THE POINT OF BEGINNING, PARCEL K: THAT PORTION OF LOT 6 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EAST LINE OF SAID LOT 6, 14 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT 6, 150 FEET; THENCE SOUTH, PARALLEL WITH THE EAST LINE OF SAID LOT 6, 60 FEET TO THE SOUTH LINE OF THE LAND CONVEYED TO L.G. BUTLER AND WIFE BY DEED RECORDED JUNE 9, 1919 IN BOOK 337 PAGE 208, OF DEEDS; THENCE EAST ALONG SAID SOUTH LINE 150 FEET, MORE OR LESS TO THE EAST LINE OF SAID LOT 6; THENCE NORTH 60 FEET TO THE POINT OF BEGINNING. PARCEL L: BEGINNING AT A POINT ON THE WEST LINE OF SYCAMORE STREET, 120 FEET SOUTH OF THE SOUTH LINE OF WASHINGTON AVENUE; RUNNING THENCE SOUTH ALONG THE WEST LINE OF SYCAMORE STREET, 85 FEET MORE OR LESS, TO A POINT 14 FEET SOUTH OF THE NORTH LINE OF LOT 6 OF WALTON'S ADDITION TO TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; RUNNING THENCE WEST, PARALLEL TO THE NORTH LINE OF LOT 6, 122.74 FEET, MORE OR LESS TO A POINT 125 FEET EAST OF THE EAST LINE OF BROADWAY; THENCE NORTH 84 FEET MORE OR LESS TO A POINT 125 FEET EAST OF THE EAST LINE OF BROADWAY, AND 120 FEET SOUTH OF THE SOUTH LINE OF WASHINGTON AVENUE; THENCE EAST 122.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. Page 6 ORDER NO. 7002103-23 PARCEL M: COMMENCING AT A POINT ON THE SOUTH LINE OF WASHINGTON AVENUE, 60 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF SYCAMORE STREET WITH SOUTH LINE OF WASHINGTON AVENUE; RUNNING THENCE SOUTH PARALLEL WITH THE WEST LINE OF SYCAMORE STREET, 120 FEET; THENCE WEST 60 FEET; THENCE NORTH 120 FEET TO THE SOUTH LINE OF WASHINGTON, THENCE EAST 60 FEET TO THE POINT OF BEGINNING, AND BEING A PART OF LOT 8 OF WALTON'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL N: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SYCAMORE STREET WITH THE SOUTH LINE OF WASHINGTON AVENUE; THENCE SOUTH ALONG THE WEST LINE OF SYCAMORE STREET, 120 FEET; THENCE WEST 60 FEET; THENCE NORTH 120 FEET TO THE SOUTH LINE OF WASHINGTON AVENUE; THENCE EAST ALONG THE SOUTH LINE OF WASHINGTON AVENUE, 60 FEET TO THE POINT OF BEGINNING, AND BEING A PART OF LOT 8 OF "WALTON'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 12, PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, Page 7 N WASHINgTON 10' I r' CD ccN- t�ii l—�Q N �T'LL'w;TT OR � 4 4 126' 60' TENTH 52 A VENUE COL UMBIA F LOT 1 W --------------- Ln O LOT 2 --------------- LOT J 2 °e LOT ; O ----------------- P P LOT 5 56 2 THIS MAP W COUNTY AS LOT 5 THE ASSES; ITS ACCURA O FOR OTHER 1..289 AC. ALL RIGHTS Lai� ---LOT 7 i LOT 8-- O I 14o.22•' Q 'OT 9 U 5 cn TRA C T eo• i122T ^ 9� W Ll IS' ay ]]' 17 STi PARED F R C � DEPT. P JRP KES NO X ? ASSUMI S A NOT TO E R. 7 STREET EXHIBIT C OFF -SITE IMPROVEMENTS Estimated Entity Funded Prior Description of Improvement Cost (2004 Responsible to Indicated Dollars) For Triggering Improvement Event Cash 1. Install anew traffic signal at Main/ 1501', $200,000 Owner Building including communication cable and Permit conduits to comiect to the City's Traffic Management Center, and striping. 2. Install a new traffic signal at $200,000 Owner Building Sycamore/15th, including communication Permit cable and conduits to connect to the City's Traffic Management Center, and striping. 3. Install a new traffic signal at Santa Ana $200,000 Owner Building Blvd./French St., including communication Pen -nit cable and conduits to connect to the City's Traffic Management Center, and striping. 4. Construct landscaped median on $100,000 Owner Building Broadway at the Broadway/Parking Permit Structure egress. 5.a. Acquire necessary ROW for $2,400,000 Owner, Final Map roundabout at the intersection of 10`h Street unless City and Sycamore. undertakes per section 5.1.1 5.b. Construct roundabout at the $600,000 Owner Building intersection of 10th Street and Sycamore, Pen -nit with 10th Street one-way EB, including necessary striping, traffic signs, pedestrian crosswalks and pedestrian refuge areas. Right-of-way shall be acquired at S/W, S/E and N/W corners by developer. Estimated Entity Funded Prior Description of Improvement Cost (2004 Responsible to Indicated Dollars) For Triggering Im rovement Event Cash 6. Restripe: (1) WB Santa Clara to provide $50,000 Owner Building one LT lane and one shared LT/RT lane; Permit (2) NB Grand Avenue from Fruit Street to 14`t' Street at Santa Ana Blvd/I-5 HOV ramps to provide three NB travel lanes; (3) I-5 NB off -ramps to provide a. WB LT lane, a shared LT/RT lane and a RT lane at Grand Ave. 7. Remove existing on -street parlung stalls $300,000 Owner Building and parking meters on Main Street from Permit Civic Center Dr. to Buffalo St., restripe and slurry seal this Main Street segment to provide three NB and two SB travel lanes, and construct median on Mahn St. south of loth Street. S. Acquire necessary ROW and construct $6,500,000 Owner, Final Map southbound RT lane at Main/l7`1' and unless City Broadway/17t1, including striping, traffic undertakes per signal modification, and ADA compliant section 5.1.1 wheel chair ramps. 9. Implement neighborhood traffic plans to $1,200,000 City Building mitigate changes in traffic patterns or (actual cost, Permit increased cut thorough traffic resulting .from not in the One Broadway Plaza Project in French estimate) Park, French Court, Willard, Floral Park, West Floral Park, and Washington Square Neighborhoods. Traffic plans costs shall include traffic studies, stafftime to process neighborhood traffic plan, and the construction of appropriate semi-diverters, diagonal diverters and street closures. Description of Improvement Estimated Cost (2004 Dollars) Entity Responsible For Improvement Funded Prior to Indicated Triggering Event(Cash) 10. Reconstruct 10' St. one-way EB and $850,000 Owner building Washington Ave. one-way WB between Permit Main St. and Broadway, which will include: (1) traffic signal modifications at Main/Washington, Main/10a, Washington/Sycamore, Broadway/Washington, and Broadway/10th (2) restriping streets and intersections, and (3) installing appropriate traffic signs (4) retiming traffic signals (5) constructing ADA compliant wheel chair ramps. SUBTOTAL $12,600,000 Notes: 1. Estimated costs are based on 2004 year of expenditure. Owner shall find item 5.a. and 8 (if necessary) based on estimated actual constriction and right-of-way costs at time of indicated funding event, and supplement if necessary. 2. Items not complete and accepted by the City shall be fully bonded for pursuant to an offsite subdivision improvement agreement, prior to issuance of final map. 3. All improvements, including improvements to be constructed by Owner and not City, shall be completed and accepted by City prior to issuance of Certificate of Occupancy. EXHIBIT D Remaining Discretionary Approvals 1. Vacation of Sycamore between Tenth Street and Washington Street, and transfer of fee title, if necessary, to Owner. 2. Remaining Discretionary Approvals Specified in One Broadway Plaza Specific Development District (SD-75), a true and correct copy of which follows: a. Section 7-4-e-iii. b. Section 7-5. C. Section 7-7. d. Section 7-8. 3. Uses permitted in SD-75 with the issuance of a conditional use permit. EXHIBIT D-1 One Broadway Plaza Specific Development District (SD-75) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Goals, Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Floor Area Ratio 2. Parcel Size 3. Building Envelopes 4. Office Tower a. General Requirements b. Building Setbacks c. Building Height d. Screening e. Elevations f. Signs 5. Parking Structure a. General Requirements b. Building Setbacks c. Building Height d. Screening e. Elevations f. Landscaping g. Signs 6. Parking and Circulation 7. Plaza Design 8. Public Art EXHIBIT D-2 One Broadway Plaza Specific Development District (SD-75) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject 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. SECTION 2 PURPOSE The Specific Development No. 75 (SD-75) 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-75 regulations will establish a professional district that will exclusively entitle a 37-story, 518,003 square foot office tower at the northeast corner of Tenth Street and Broadway with a historic setting further north along Broadway to Washington Avenue. This area will be primarily a professional office district with support services and eating establishments. SECTION 3 GOALS, OBJECTIVES AND POLICIES The One Broadway Plaza Specific Development District is located within the midtown area of the City. The One Broadway Plaza Specific Development District encompasses a large established city block bounded by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. The One Broadway Plaza Specific Development District maintains a historic character along the northwest portion of the district, with a number of buildings dating from the early years of development in Santa Ana. The project site is surrounded by the Civic/Professlonal, Financial, and the Community Specialty Retail zones of the Midtown Specific Plan. The One Broadway Plaza office tower is intended to be a major landmark in the midtown section of the City of Santa Ana. In addition, the various activities planned for this site will result in the project becoming a node, or 2 place of activity. The objectives of the One Broadway Plaza specific development plan include the following: • A landmark office project along Broadway at the center of the Midtown Specific Plan. • Maintain the existing streetscape pattern including sidewalk design, mature palm trees and historic light fixtures. • Maintain the scale and character established by the existing historic structures along the north end of the district. • Maintain large open setbacks adjacent to Broadway. • Encourage revitalization of existing properties for a variety of professional office uses. • Enhance the pedestrian experience through the development of new plaza areas and water features at the intersection of Sycamore Street and Tenth Street and Broadway and Tenth Street. SECTION 4 PERMITTED IMPROVEMENTS Improvements permitted on the project site include either one of the following: 1. An iconic office tower of no less than 493 feet tall, approximately 37 stories, 518,300 square feet of building area with a destination restaurant at the top two levels of the tower. a. The project site shall be no less than 4.339 acres b. A nine level (one subterranean and eight above grade), 78 foot high parking structure, with a minimum of 2,463 parking spaces. c. The renovation and rehabilitation of four existing structures located to the north of the office tower. The structures are those addressed as 1103, 1111, 1115-17 and 1211 North Broadway. 2. All other permitted improvements shall comply with the Midtown Specific Plan, Chapter 7, Broadway Corridor District, Development Standards, SECTION 5 PERMITTED USES The category of permitted land uses to be included within the project include: Professional and business offices, banks and similar financial institutions, service and commercial retail uses and restaurants. If a use is for any reason omitted from those specified as permissible, or if an 3 ambiguity arises concerning the classification of a particular use, the determination shall be at the discretion of the Planning Manager. 1. Professional, business and administrative offices and services, including but not limited to employment agencies, advertising agencies, escrow agencies, accountants, insurance, attorneys, architects, engineers, planners and other similar uses. 2. Banks, finance, insurance and real estate offices. 3. Service and commercial retail uses which shall be limited to: a. Bookstores b. Stationery shops c. Gift stores d. Dry cleaner e. Hair salon f. Travel agent g. Copy center h. Mail/postal center i. Tailor j. Shoe repair k. Art supply I. Office supply 4. Cafes and 5. Florists 6. Pharmacies 7. Day care facilities 8. Museums, libraries and galleries 9. Artists' studios SECTION 6 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal code: 1. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use, except adult entertainment businesses 2. Establishments selling or serving alcoholic beverages A 3. Coffee houses 4. Banquet facilities 5. Uses open after midnight to 5:00 a.m. 6. Helipads 7. `ast fro cf :`a` /`ata outit"ar SECTION 7 DEVELOPMENT STANDARDS The One Broadway Plaza Specific Development District is intended to allow the development of a landmark office tower and affiliated parking garage while maintaining some of the historic structures located on the northwest side of the district. The following general development standards are applicable to this project: 1. Floor Area Ratio (F.A.R.) The required floor area ratio for the project site shall be 2.9, or 530,487 square feet of development. The FAR is calculated by dividing the total square footage of the office building plus the existing structures to remain by the total square footage of the project site. Consistent with the General Plan, the parking structure is not included in the FAR calculation. This FAR includes the proposed office tower (518,003 square feet) and the structures that will remain on the project site (12,484 square feet). The FAR for the existing structures shall remain at 0.5 or less. 2. Parcel Size The One Broadway Plaza parcel size shall be 4.339 acres. Subdivision of the parcel is not permitted. 3. Building Envelopes Height and yard areas established for the existing structures and the office tower define the permitted building envelopes in the One Broadway Plaza Specific Development District. With the exceptions of the office tower and parking structure, all buildings shall maintain a lower scale character no taller than 35 feet or 3-stories, whichever is less. 4. Office Tower The basic form, size and location of the office tower as illustrated in the applicant's plans are hereby approved. In order to address certain outstanding details, however, revised plans conforming with 5 C. Section 7-4-e-iii of this ordinance shall be submitted to and be approved by the Planning Commission prior to issuance of any building permits. a. General Requirements i. The office tower shall remain consistent with the approved site plan as shown in Exhibit 1. b. Building Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The front yard is one of the most important characteristics of Broadway and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Major setback conditions are discussed below by street: i. Broadway: The One Broadway Plaza office tower shall maintain a building setback of 20 feet. This setback area may include hardscape as shown on the approved plaza plan. For existing buildings, a setback of 20 feet shall be maintained. The existing structure at 1111 North Broadway shall maintain a minimum setback of 15 feet. ii. Tenth Street: A 12-foot building setback shall be required for the office tower. Hardscape, landscape and water features shall be provided in the required setback as shown on the applicant's Landscape Plan dated February 4, 2004 (Exhibit 2). iii. Washington Avenue: The 15-foot landscaped setback for the existing structure shall be maintained. Building Height The approved height for the office tower is approximately 493 feet. Modifications to the tower's approved building height or number of stories, which represent either an increase or decrease, shall not be allowed. The existing buildings along Broadway shall maintain their existing height and shall not exceed 35 feet. fi _ d. Screening All appurtenances shall be located outside any required setback and shall be screened from view. e. Elevations I. Exterior elevations shall incorporate a translucent, non - reflective glass in a light green tone consistent with the materials board sample provided by the applicant and as approved by the Planning Commission and City Council. ii. The structural system of the building shall be visible from the exterior elevations consistent with the plans approved by the Planning Commission and City Council. ill. Incorporate an arcade or ground level "skirt" to provide a transition between the tower and pedestrian level. Plans satisfying this requirement shall be submitted to and must be approved by the Planning Commission prior to the issuance of any building permit. 5. Parkinq Structure The basic form, size and location of the parking structure as illustrated in the applicant's plans are hereby approved. In order to address certain outstanding details, however, revised parking structure plans shall be submitted to and be approved by the Planning Commission prior to issuance of any building permits. The revised plans shall comply with the following: a. General Requirements No parking areas above or below grade shall encroach into required setbacks. ii. Subterranean levels shall use offset sloping ramps to allow for open and unobstructed visibility for floor surveillance. ill. The parking structure shall maintain a minimum vertical clearance of 11 feet on the street level, with the exception of the entry at Sycamore Street. The entry area shall maintain a vertical clearance of 21 feet to facilitate the loading and unloading function as well as allow trash truck access. iv. On all other levels, the parking structure shall maintain a minimum vertical clearance of eight feet, two inches. v. Glare from the parking structure lighting shall not be visible from the plaza level or any public right-of-way. vi. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. vii. The parking structure shall be completed, shall have been finaled by the Building Division and be fully operational prior to any occupancy of any building or use, or portion thereof, for which the structure provides parking. viii. The parking structure shall contain a minimum of 2,463 parking spaces, which are allocated as follows: a) 1470 spaces for the office tower b) 50 spaces for ground level retail uses (10,000 square feet) c) 180 spaces for restaurant uses (18,000 square feet) d) 29 spaces for offices uses within existing buildings (9,627 square feet) e) 29 spaces for restaurant uses within existing buildings (2,857 square feet) f) 30 spaces to replace parking displaced on Sycamore Street g) 100 spaces to replace parking displaced on Main Street h) 110 spaces to replace existing surface parking lot for 1200 N. Main Street i) 12 spaces to replace existing surface parking lot for 1111 N. Broadway j) The remaining 453 parking spaces may be used for other uses in the area b. Building Setbacks i. Broadway: The minimum required setback for the parking structure is 124 feet as measured from the property line. ii. Washington Avenue: A landscaped setback of 15 feet shall be required. iii. Sycamore Street: There shall be no setback requirement. R f iv. Tenth Street: The minimum required from the property line structure. Building Height setback is 145 feet as measured to the entrance to the parking The maximum allowable height of the parking structure is 78 feet. Screening All appurtenances shall be located outside any required setback and shall be screened from view. Elevations The north and east elevations shall incorporate architectural cues and proportions found along Main Street to create an architectural screen as a visual enhancement to the existing commercial corridor. ii. Exterior walls shall exhibit horizontal rather that sloping design elements. iii. The exterior of the parking structure shall be painted a soft, earth tone color as approved by the Planning Division. Brighter and darker colors, including dark green, shall be prohibited. iv. Decorative grillwork or landscape materials shall be placed between wall and floor of the higher parking level. v. Elevators shall be located so they are visible to the public. The elevator cabs shall have glass facing the public view. A. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vii. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. Landscaping: i. Landscaping planters incorporated into the parking structure shall have a minimum planter dimension of 4-feet wide and 4- feet deep. An internal drainage system and waterproofing of the planters shall be provided along with an automatic drip - type irrigation system. ii. A trellis shall be incorporated into the north and west building elevations where blank walls occur on the structure. The trellis material shall be constructed of decorative and durable materials and shall cover a minimum of 60 percent of the blank wall. The trellis details shall be included in the project landscape plan and be approved prior to building permit issuance. iii. Canary Island Pines, Deodar Cedars and River She -Oaks shall be planted along the Broadway and Washington Avenue elevations. The trees shall be planted at a minimum of 30 feet on center as shown on a landscape plan to be approved by the City's Landscape Development Associate prior to the issuance of building permits for the parking structure. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. iv. The size of the trees to screen the parking structure along Washington Avenue and Broadway shall be a minimum 120- inch box tree. g. Signs I. All signage shall comply with the Santa Ana Municipal Code. ii. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 6. Parking/Circulation A student drop-off area shall be created in the parking lot of 920 North Main Street for the exclusive use of the Orange County High School of the Arts. The minimum standards for this function include: a. Prior to issuance of any building permits, construct a raised center median on Main Street per a Street Improvement Plan to be approved by the Public Works Agency. in b. Prior to issuance of any building permits, construct a two-way drop-off zone. Each lane shall have a minimum width of 18 feet. A yellow line approximately one foot in width shall be painted to separate the two drive-thru lanes. The plans shall be submitted to the Planning Division and Public Works Agency for approval. c. Prior to issuance of any building permits, install a hedge and 36- inch tall fence to direct students towards the Main Street and Sycamore Street public sidewalks in order to avoid illegal pedestrian crosswalk movements onto Tenth Street. d. Prior to submittal into building plan check, revise the site plan to depict and note the removal of the existing parking stalls and meters on Main Street consistent with the mitigation measures contained in the Final EIR. e. Prior to submittal into building plan check, revise the site plan to depict and note the restriping of Main Street to provide three northbound and two southbound travel lanes. f. All loading zone areas must provide a minimum 6-inch raised curb around the perimeter of each area. g. The proposed roundabout and water feature details must be included as part of the Plaza Plan referenced in Section 7-7 of this ordinance. Prior to the issuance of any certificate of occupancy, all water feature and roundabout improvements must be completed. h. Prior to issuance of any certificate of occupancy, close off the existing curb and gutter serving the trash collection area between 1200 South Main Street and the QCHSA. The curb and gutter shall be replaced with a new curb, gutter and sidewalk. Prior to submittal into building plan check, revise the site plan to depict and note the left turn ingress (Sycamore Street - southbound) into the school drop-off zone. Prior to submittal into building plan check, revise the site plan to depict and note wheel chair accessibility ramps at the Broadway egress exit. k. Prior to submittal into building plan check, revise the site plan to depict and note the replacement of the painted striped "No Access Zone" to be replaced with a raised median barrier with decorative pavement for the eastern and western portions of Tenth Street. 11 Prior to submittal into building plan check, revise the site plan to depict and note the modifications of the signals at the Main/Washington, Main/Tenth, Washington/Sycamore, Broadway/Washington and Broadway/Tenth intersections. m. Prior to the issuance of any certificate of occupancy, install either a traffic signal or a raised median at the Halesworth Street and Broadway intersection as determined by the Public Works Agency. 7. Plaza Design Prior to issuance of any building permits, a detailed Plaza Plan shall be submitted to and approved by the Planning Commission. a. The overall plaza design theme shall incorporate a minimum of three major pedestrian -level water features and two water elements adjacent to the proposed building. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved by the Landscape Development Associate prior to the issuance of any building permit. The minimum established size for palm trees shall be 30 feet brown trunk height. Non -palm tree species shall be a minimum of 20 feet in height and 60-inch box. c. Land uses such as retail, office or other services shall be incorporated within the plaza level pursuant to the approved site plan. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. d. The plaza shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. f. The color and appearance of the plaza furniture products and other elements must complement the overall plaza design and tower architecture. 12 g. 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. In. Trash receptacles should be located in high -activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. Bike racks shall be provided at key activity locations on the plaza level. All street furniture surfaces, pedestrian -level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza Plan. Plaza area paving shall consist of unit pavers. I. One linear foot of seating shall be provided for every 60 square feet of plaza area. Seating may include benches, low seating walls, steps, planter edges or fountains. The seating shall be designed to discourage sleeping. m. Lighting height in the plaza area should be at a pedestrian scale. A range between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until dawn. The overall lighting shall be maintained at one -foot candle and incorporate other pedestrian - oriented lights, such as lighted bollards. Uplighting of trees and other site features is also required. n. The required Plaza Plan shall include adequate provisions for the on -going maintenance of all plaza and roundabout improvements. o. The required Plaza Plan shall include design details, materials and provisions for the on -going maintenance for all interior public areas within the office tower, including but not limited to the ground floor and basement area lobbies. 8. Public Art a. Public art valued at one percent of the office tower valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public art may be comprised of multiple art pieces, however, at least one such art piece shall be placed at the southwest corner of the project site adjacent to Broadway and Tenth Street. 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 13 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 for review and approval prior to issuance of any building permits. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed prior to the issuance of any certificates of occupancy for the project. b. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the One Broadway Plaza development site. c. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement, including an art piece such as a mural that may be proposed on the south elevation of the parking structure at the Sycamore Street entrance, shall include advertising of any type, including but not limited to products, services or businesses. e. 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. f. 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. I I=MMI1:31'i=? EXAIBIT 2 � TRACT MAP pp� W I� MN ; N <W W Z (L o I � < �z ��o e J < o III � F o •�. �w I mNa /at+ L{.J o rEi� Li <oc 0- CC W ® F W U- 4 I I F F z j uj r j 1 i § gg ;s 7gA',gg�9 SEI Y3 °egg g § n § 'e R s_ s',� s § n :Y N _ Cal"exl%5 §a P za �2p"§@@gggggpgss 9d�yjg eg3 'agS' Ell, @EE@@eB aa�ep f3 A-4 k5F $e I d ao � E� � I{illlliijli i III 3 p 0�� I IIIIIII illl �' �q 9� f F€ � rn gig pPA 8 53 �e I,,. 71 _ � b � E4 IONa' �e s6 Game €sag a agI —f ICI as as s € s I '�' 1� 8§e i � I � i� a cbe - I Y - lSli 'rr mp .IA .I1 el» , gly�e y l i il; • ev ,€G a lfYa fimEE EXHIBIT 2 EXHIBIT B MITIGATION Y &0, Santa Ana Unified cool ist ct FACILITIES PLANNING August 18, 2003 Mr. Dan Bott City of Santa Ana Facilities Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Review of Construction Impacts, One Broadway Plaza Dear Margie: Al Mijares, Ph.D., Superintendent The Santa Ana Unified School District (District) is providing comments on the Draft EIR for the One Broadway Plaza Project (Project) to request more specific language to protect all students who would pass by the Project site on their way to and from Willard Intermediate School and the Orange County High School of the Arts while the Project is under construction. The construction of the Project office building and parking garage will require that large portions of the site be excavated to provide room for the building footings, basement, and subterranean parking area. This excavation will require that the Project site be fenced on all four sides. Project construction activities will also result in a number of large construction vehicles entering and exiting the site. This will most likely occur on the Sycamore Street side of the Project site because of the heavy traffic on Broadway Street. Students will need to use caution when using Washington Avenue, 101" Street, Sycamore Street and Broadway Street surrounding the project site as they make their way to school. The Project EIR currently includes the following measures to protect students: PS-11 The project site and possibly sidewalks adjacent to the site shall be properly barricaded to prevent unauthorized access to the site during project construction activities. PS-12 The Principals at Willard Intermediate School and the Orange County High School of Arts shall be notified by the project developer before project construction begins that students may be required to use sidewalks on the opposite sides of streets to avoid project construction activities and closure of the sidewalks adjacent to the project site. While the above mitigation measures are appropriate, The Santa Ana Unified School District recommends these additional measures to ensure the safety of students: 1601 East Chestnut Avenue, Santa Ana, CA 92701-5322 (714) 480-5357 BOARD Of ED'ilCAIION a oo "me"i:and sera"g: usekosemiljft Y3°",PPWfiocvice President EXHIBIT 3 Rnh Rirhnrd.son. Clerk • .Tnhn Palacio. Memher • Sal Thmiero. Member Page 1 of 5 August 18, 2003 Page 2 PS-13 The project developer shall submit to the District a School Access Plan that provides for the safe passage of students to and from Willard Intermediate School and the Orange County High School of the Arts. The Plan shall be subject to approval by the District before construction activities are initiated. The Plan shall include but not be limited to the following measures: ❑ The closure of the sidewalks on Washington Avenue, 101h Street, Sycamore Street and Broadway Street adjacent to the project site. Appropriate signs shall be posted that these sidewalks are closed and pedestrians are directed to use the sidewalks on the opposite sides of these streets. ❑ Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimize trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. ❑ The posting of a flag person at the entrances) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. ❑ The funding of crossing guards at the intersection of Washington and Broadway Street, Washington Avenue and Sycamore Street, 10th Street and Sycamore Street, and 101h Street and Broadway Street. Crossing guards will be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined necessary by the Principal of the Orange County High School of the Arts, provide crossing guards at the intersection of Sycamore Street and 101h Street when special day time performances are held at the Orange County High School of the Arts auditorium located just to the east of the above intersection. ❑ Provide sufficient written notice of commencement and completion of project construction activities to the Principals of Willard Intermediate School and the Orange County High School of the Arts. ❑ Provide the name and telephone number of contact person knowledgeable about the project for the project developer and construction contractor for use by the Principals of Willard Intermediate School and the Orange County High School of the Arts. Parking at the Orange County High School of the Arts will be impacted by construction of the proposed project. This is due to the need to remove the existing d parking lot located on the project site that is used by High School staff and students. C:\Documents and Servings\user\Desktop\word documents\response to comments one broadway pozo.DOC Page 2 of 5 August 18, 2003 Page 3 The parking lot is located on the west side of Sycamore Street between the Santa Ana Police Association and 1011 Street, just to the west of the High School. The District should be assured by the City/Project developer that sufficient off-street parking spaces will be provided by the project developer to replace the parking spaces that will be lost during construction and operation of the Project. Since the District did not provide the Traffic and Circulation Section of the project EIR, The Planning Center is not sure if sufficient off-street parking will be provided for High �eI_5 School staff and students. Off-street parking will be at a premium during project construction activities because of the need for construction worker parking, and other visitors to this part of Santa Ana parking. A good question to ask is if High School staff and student parking will be provided in the Project parking garage once the project has been completed. There are two existing parking lots on the south side of 101' Street between Broadway Street and Sycamore Street that could potentially provide some off-street parking for the High School. One of these lots is currently used for UCI Medical Center parking. However, these lots may be needed for project construction worker parking. This is an issue that should be carefully reviewed by the District to ensure that sufficient parking is provided for existing High School needs. Should you have any questions on these measures, please feel free to call me at 714-480-5361. Sincerely, SANTA ANA �IED SCHOOL DISTRICT Margaret E. Brown Director, Facilities Planning C\Gocwnonls olid Settings\user\fleA1op\word down ian1S\response to comments one br000woy pla¢o.DUC Page 3 of 5 R8 RESPONSE TO COMMENTS FROM THE SANTA ANA UNIFIED SCHOOL DISTRICT DATED MAY 14, 2004 & AUGUST 18, 2003 R8-1 The comment letter was received after the public review period for the Draft EIR. However, the Santa Ana Unified School District maintains that the letter was sent during the public review period of July 30, 2003 to September 12, 2003. Unfortunately, the City did not receive it until May 14, 2004. The City is nevertheless pleased to incorporate the letter and responses to the issues it raises into the Final EIR. As noted below in the specific responses, and also within the Mitigation Monitoring Program, the City has also incorporated additional mitigation measures consistent with the comments raised in the Santa Ana Unified School District's August 18, 2003 letter. R8-2 The comment identifies that due the construction activity occurring in the project area, students from Willard Intermediate School and Orange County High School of the Arts would need to use caution when using Washington Avenue, 1 Oth Street, Sycamore Street and Broadway Street when traveling to and from school. No response is needed. Comment noted. R8-3 The comment restates the mitigation measures in the DEIR. No response is needed. Comment noted. R84 The comment recommends that additional mitigation measures be incorporated into the One Broadway Plaza to ensure the safety of students. The following mitigation measures have been incorporated in the One Broadway Plaza EIR to further minimize potential construction related pedestrian safety impacts to students of Orange County High School of the Arts and Willard Intermediate School. PS-13 The project developer shall submit to the Santa Ana Unified School District a School Access Plan that provides for the safe passage of students to and from Willard Intermediate School and the Orange County High School of the Arts. The plan shall be subject to approval by Santa Ana Unified School District before construction activities are initiated. The School Access Plan shall include but not be limited to the following measures: • The closure of the sidewalks on Washington Avenue, 10th Street, Sycamore Street and Broadway Street adjacent to the project site. Appropriate signs shall be posted that the sidewalks are closed and pedestrians are directed to use sidewalks on the sides of the streets. • Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimize trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. Page 4 of 5 The posting of a flag person at the entrance(s) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. The funding of crossing guards at the intersection of Washington Avenue at Broadway Street, Washington Avenue at Sycamore Street, l Oth Street at Sycamore Street, and 10`h Street at Broadway Street. Crossing guards shall be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined to be necessary by the Principal of the Orange County High School of the Arts, provide crossing guards at the intersection of Sycamore Street at 10th Street when special daytime performances are held at the Orange County High School of the Arts auditorium. • Provide sufficient written notice of commencement and completion of project construction activities to the Principals of Willard Intermediate School and the Orange County High School of the Arts. • Provide the name and telephone number of contact person knowledgeable about the project for the project developer and construction contractor for use by the Principals of Willard Intermediate School and the Orange County High School of the arts. R8-5 The comment raises concern if sufficient parking would be available for Orange County High School of the Arts staff and students during the construction and operation of the One Broadway Plaza project. During construction of the One Broadway Plaza project the existing parking area on Sycamore Street for Orange County High School of the Arts would be available for parking. During the operation of the project a 540-space parking lot at the southwest comer of 10th Street and Sycamore Street would available for students, faculty and other staff. Additionally, available parking for students and faculty would be available in the proposed student drop off area. Page 5 of 5 EXHIBIT B Tentative Parcel 'une 14, 2004 .age 1 of 2 Findings Map No. 2004-02 A. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (GC) designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) will have no adverse affect on the land uses as prescribed by the General Plan. The project will delete existing property lines and will be in compliance with the amended General Plan land use designation for the site. B. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2004-02 is in keeping with the provisions of Site Plan Review, Chapters 34 and 41 of the Santa Ana Municipal Code and the proposed provisions of Specific Development No. 75 (SD-75). These provisions pertain to the subdivision of land and development standards for the site. C. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2004-02 will not create a condition that makes the subdivision physically unsuitable for the site. This map is for lot consolidation purposes only and will facilitate the construction of a 37-story office tower on the site. D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as the site is currently occupied by commercial structures. In addition, no fish or wildlife was identified as residing on the project site during the environmental review of this project. EXHIBIT 4 Tentative Parcel Map No. 2004-02 -,une 14, 2004 _age 2 of 2 E. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. Environmental Impact Report No. 1999-01 has been prepared for this site which analyzes the environmental impacts of the map. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. F. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC&Rs) will need to be submitted for this project. These CC&Rs will ensure that access, egress, and other necessary easements are maintained over the two parcels. EXHIBIT B EXHIBIT 5 � TRACT MAP JUNE 14, 2004 PAGE 1 OF 3 Conditions for Approval Should Tentative Parcel Map No. 2004-02 be approved, the project shall comply 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 parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative map by the City Council. 2. Two copies of the recorded Final Map need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-10. 7. File, process and record Covenants, Conditions and Restrictions (CC&Rs) over the parcels that include, but are not limited to, vehicular ingress and egress, cross lot drainage, utilities, parking, emergency vehicle access, maintenance, irrigation and landscaping. EXHIBIT 5 JUNE 14, 2004 PAGE 2 OF 3 B. Public Works Agency Prior to submittal of the map into technical plan check, complete the following: 1. Revise the plan to depict all active water services and sewer laterals, currently serving any of the existing buildings on the east side of Sycamore Street (between Washington Avenue and Tenth Street), to be relocated to Main Street before the Sycamore Street abandonment. 2. Revise the plan to incorporate construction of any proposed "SITE Design" BMP's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into drainage systems) to minimize the impervious areas and to maximize permeability and natural areas. Reference the Orange County Drainage Area Management Plan (DAMP) and Local Implementation Plan (LIP). 3. Revise the plan to incorporate construction of any proposed "Treatment Control" BMP's using the best available technology (such as biofilters, dry or wet detention basins, landscape detentions, wet pond or wetlands, drainage inserts, filtration basins) and recommend sizing calculations near pollutant sources, so as to infiltrate and filter the pollutants of concern in post development runoff flow prior to its discharge into any receiving body of water. Reference the Orange County Drainage Area Management Plan (DAMP) and Local Implementation Plan (LIP). 4. Revise the plan to change "Lot 1" to "Parcel 1" at two locations on the plan since this is a parcel map. S. Revise the plans to change the 4.34 acres notation to read 4.80 acres (shown twice on the plan) to include the vacated area of Sycamore Street. 6. Revise the plans to label the boundary of the proposed parcel as "Parcel Boundary" since the proposed parcel line is not shown. Include the labeling of the line segments enclosing the vacated area of Sycamore Street. 7. Revise the plans to change the word "Revisionary" to "Reversionary" (shown twice on the plan). JUNE 14, 2004 PAGE 3 OF 3 8. Revise the plans to add the word "Dedication" to the "Corner Cutoff" references (shown three times on the plan). 9. Revise the plans to modify the proposed 17 foot by 17 foot corner cutoff dedication at the southwest corner of Washington Avenue and Sycamore Street to prevent the dedication from extending into the proposed parking structure and show the corner cutoff terminating at the parcel boundary. 10. Revise the plans to show the proposed parcel boundary concentric with and 10 feet inside the curb radius of 92 feet at the northwest corner of Tenth and Sycamore Streets. Label the boundary IIR = 821." Arrow the spandrel area between the existing and proposed lines "To be dedicated for right-of- way." 11. Revise the plans to add the following note to the map: "Note: This map is subject to on -site easements of record that are to be abandoned or relocated so as to not interfere with the proposed buildings, and also abandoned or relocated prior to issuance of any building permits." 12. Depict the half -width dimensions of the remainder portion of Sycamore Street south of the parcel boundary that crosses Sycamore Street.