HomeMy WebLinkAboutNS-1941 - Adopting Specific Development Plan No. 43 for Said Property, and Approving a Development Agreement Between the City of Santa Ana and BGS Partners Pertaining to Said Property - - 247
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12/2/87 RF00~,DED:
o RDINANCE NO. NS- 1941 BOOK/PAGE
DEED NO.
TIME: ~-~.
AN ORDINANCE OF THE CITY OF SANTA ANA REZONING
~--
CERTAIN PROPERTY LOCATED~ ON THE NORTHEAST CORNER
OF MAIN STREET AND MACARTHUR BOULEVARD FROM THE
M1 (LIGHT INDUSTRIAL) AND C2 (GENERAL COMMERCIAL)
DISTRICTS TO THE SD (SPECIFIC DEVELOPMENT) DIS-
TRICT, ADOPTING SPECIFIC DEVELOPMENT PLAN NO. 43
FOR SAID PROPERTY, AND APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BGS
PARTNERS PERTAINING TO SAID PROPERTY
WHEREAS, Amendment Application No. 992 has been
filed with the City of Santa Ana to change the zoning dis-
trict designation of certain real property located generally
on the northeast corner of Main Street and MacArthur Boulevard
in the City of Santa Ana, and more specifically delineated
in Exhibit A, attached hereto and incorporated herein by
reference, from the M1 (Light Industrial) and C2 (General
Commercial) districts to the SD (Specific Development) dis-
trict, and to adopt a Specific Development Plan No. 43, in
the form set forth in Exhibit B, attached hereto and incor-
porated herein by reference, for said property; and
WHEREAS, the applicant BGS Partners proposes to
develop said property in accordance with Specific Development
Plan No. 43 and in this regard has requested to enter into
a Development Agreement in the form set forth in Exhibit C,
attached hereto and incorporated herein, with the City of Santa
Ana, in accordance with sections 65864-65869.5 of the Govern-
ment Code of the State of California; and
WHEREAS, the Planning Commission of the City of Santa
Ana held a duly noticed public hearing on November 23, 1987,
on the said Amendment Application, Specific Development Plan,
and the Development Agreement, and, based thereon, determined
that the development as proposed therein is consistent with
the general plan of the City of Santa Ana, and recommended
that the City Council approve the Amendment Application, Specific
Development Plan No. 43, and the Development Agreement; and
WHEREAS, prior to taking action on this ordinance,
the City Council of the City of Santa Ana has reviewed and
considered the information contained in that certain "MacArthur
Place Environmental Impact Report" pertaining to the develop-
ment of the abovesaid property in accordance with Specific
Development Plan No. 43 and the Development Agreement, and
has certified said environmental impact report as having been
prepared in accordance with the California Environmental
Quality Act; and
WHEREAS, this Council, prior to taking action on
this ordinance, has held a duly noticed public hearing, on
the said Amendment Application, Specific Development Plan
No. 43, and Development Agreement;
! 948
ORDINANCE NO. NS- 1941
PAGE TWO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA ANA DOES ORDAIN AS FOLLOWS:
1. The SD (Specific Development) district desig-
nation and Specific Development Plan No. 43, as proposed in
Amendment Application No. 992, and the Development Agreement
are hereby found and determined to be consistent with the
general plan of the City of Santa Ana and otherwise justified
by the public necessity, convenience and general welfare;
2. Those parcels of real property located generally
on the northeast corner of Main Street and MacArthur Boulevard
and more specifically delineated in Exhibit A, attached hereto
and incorporated herein, are hereby reclassified from the M1
(Light Industrial) and C2 (General Commercial) districts to
the SD (Specific Development) district.
3. Specific Development Plan No. 43, set forth in
Exhibit B, attached hereto and incorporated herein, is hereby
approved and adopted for the abovesaid property.
4. That certain Development Agreement between
the City of Santa Ana and BGS Partners, in the form set forth
in Exhibit C, attached hereto and incorporated herein, is
hereby approved, and the Mayor is authorized to execute said
Agreement on behalf of the City of Santa Ana following its
execution by BGS Partners, and the Clerk of the Council to
attest to the same.
5. The Clerk of the Council is directed to cause
a copy of the said Development Agreement to be recorded in
the official records of Orange County, California, within
ten days following its effective date. As use herein "effec-
tive date" means the date thirty days after the date of this
ordinance, or the date of the execution of this Agreement by
both parties, or the date BGS Partners acquires title to the
property which is the subject of the Development Agreement,
whichever last occurs.
6. Based on the MacArthur Place Environmental
Impact Report and other information reviewed and considered
by the City Council, the City Council adopts the following
Statement of Overriding Considerations in support of its
actions approving Amendment Application No. 992, Specific
Development Plan No. 43, the Development Agreement with BGS
Partners, and all other approvals of the MacArthur Place
development project (the "Project"):
a. The Project represents development of a
largely undeveloped parcel in an urban area where
ORDINANCE NO. NS- 1941
PAGE TH REE
adequate facilities and services are generally
available.
b. The density and intensity of the Project
are appropriate for the property. The Project
represents a reasonable mix of uses for the Project
area.
c. The density and intensity of the Project
are similar to the adjacent commercial development.
d. The location and level of development
expected from the project will be consistent with
the development occurring in the entire central
Orange County Region. The Project is comprehensive
and interrelated and avoids the potential for piece-
meal and undesirable land uses otherwise allowed
under current zoning.
e. With the possible exception of the residen-
tial community west of the Project, the Project is
consistent and compatible with other existing and
proposed uses in the vicinity of the Project and in
the general community.
f. The majority of the impacts associated with
the Project are regional in nature. Although the
Project does significantly affect the environment on
a cumulative basis, the Project's main incremental
contribution to those impacts is considered minimal
and acceptable from a regional perspective.
g. The Project will contribute to the improve-
ment of roadways and bus facilities and will provide
for alternative transportation opportunities through
the implementation of programs promoting bicycle
facilities, ride sharing and work flextimeo
h. The Project represents an opportunity for
the City to derive substantial financial gains through
property tax and tax increment revenues, sales tax
and revenues from other sources. Net revenues to the
City over a 15 year period are estimated to be
$18,095,000. The Project has a net present value
of $7,680,000.
i. The Project will reduce the loss of sales
tax revenue to other communities by providing new
commercial opportunities and retaining disposable
income within the City. Estimated sales taxes of
I 50
ORDINANCE NO. NS-i~i
PAGE FOUR
$200,000 per year will be generated by the Project
once the 200,000 square feet of retail space, to be
constructed in the first three (3) years of develop-
ment, is completed.
j. The Project will make the City more com-
petitive with adjacent communities.
k. The Project will provide a residential
environment conducive to the business population
in that the residences to be developed in the
Project will be in close proximity to shopping
and major employment centers.
1. Although the Project will significantly
increase traffic in the area, the Project will
provide important roadway improvements to an area
which would probably experience excess traffic
regardless of the Project.
m. The Project provides $27,689,000 in local
and regional circulation improvements that will
direct travel around local residential communities.
n. The Project will provide landscape improve-
ments to increase the City's aesthetic value.
o. The Project will provide additional office
space within the City which will allow many firms
presently located elsewhere to relocate within the
City.
p. The Project will offer a reasonable mix
of offices for high rise office development and low
rise office spaces. The Project's design will
allow the City to attract large and small employers.
q. The Project represents a unique opportunity
for the City to attract high quality commercial and
business tenants who would otherwise locate else-
where in the region, ensuring that the City will
retain its fair share of regional economic oppor-
tunities. At the same time, the Project is not
expected to displace or have a deleterious effect
on existing businesses in the City.
r. The Project will provide for a hotel to
service major businesses in the area. The City
will receive hotel occupancy tax of an estimated
$500,000 per year once the 225-room hotel is completed.
251
ORDINANCE NO. NS-i~i
PAGE FIVE
S. The Project will provide for noise and
traffic abatement procedures for residences west of
the Project.
t. The Project fulfills land use goals
and policies of the City and the Santa Ana Planning
Department providing for the type and mix of uses
contemplated by the Santa Ana General Plan, the
Santa Ana Redevelopment Plan and Specific Develop-
ment Plan No. 43. The Project represents the
City's efforts to realize development on the Project
site in accordance with these plans.
u. The Project will encourage redevelopment
of surrounding areas.
v. The Project is necessary to maintain
quality development in the City and promote new
development in the City.
w. The Project will generate approximately
12,583 permanent employment opportunities at ulti-
mate buildouto A worker concentration of this
magnitude will generate a positive effect on the
City's economy through increased local spending
for goods and services.
x. The City and the Planning Department
received comments and responses regarding the EIR
prepared for the Project ("EIR") from public
agencies, including the following: Office of
Permit Assistance of the Office of Planning and
Research, Department of Food and Agriculture,
the California Regional Water Quality Control
Board, the Department of Water Resources, the
Department of Transportation, the South Coast
Air Quality Management District, the Orange County
Sanitation District, the County of Orange, the
City of Costa Mesa, the City of Irvine, the County
of Orange-John Wayne Airport, and the Airport
Land Use Commission for the County of Orange.
These comments were adequately responded to by the
City. The significant affects described in such
comments or responses were avoided or substantially
lessened by the mitigation measures described in
the EIR, or significant effects described in such
comments and responses were outweighed by the facts
set forth in this Statement of Overriding Con-
siderations.
ORDINANCE NO. NS-i~i
PAGE SIX
y. Specific economic, social, or other
considerations make infeasible certain mitigation
measures not identified in the EIR.
z. The foregoing benefits outweigh any
identified unavoidable adverse impacts of the
Project.
ADOPTED this 4th day of Januar,¥
, 1988.
ATTEST:
l~ice C. Guy
erk of the C/~unc~-i'
COUNCILMEMBERS:
Young Y0unq
McGuigan Aye
Acosta A,ye
Griset Aye
Hart Absent
M ay -~,¥e
Pulido Absent
APPROVED AS TO FORM:
~t~rAd~per
ZONING DISTRICT
255
THE
A, IkCARTHUR
PLkCE
DISTRICT
C_,ENTER
Specific
Development
Plan No, 43
City of
and
Santa Ana
Santa Ana
Redevelopment
Agency
EXHIBi] B ,.
256
THE
MACARTHUR PLACE
DISTRICT CENTER
SPECIFIC DEVELOPMENT PLAN NO. 43
CITY OF SANTA ANA
AND
SANTA ANA REDEVELOPMENT AGENCY
- · 257
TABLE OF CONTENTS
II.
IlL
IV.
V.
VI.
VII.
INTRODUCTION .................................................................................................................. 1
DEFINITIONS ........................................................................................................................ 4
MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY ...................................... 5
LAND USE ............................................................................................................................. 8
DEVELOPMENT STANDARDS ........................................................................................... 12
LANDSCAPING STANDARDS ............................................................................................. 18
SIGNS ...................................................................................................................................... 21
ii
258
I. INTRODUCTION
The specific development zoning district for the subject property, as authorized by Chapter
41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically
subject to the standards and regulations contained in this plan for the express purpose of
establishing land use regulations and standards. All other applicable chapters, articles, and
sections of the Santa Aha Municipal Code shall apply unless expressly waived or superseded
by this ordinance.
The SD-43 Specific Development Plan, consisting of standards and regulations, is hereby
established for the express purpose of protecting the health, safety, and general welfare of
the people of the City by promoting and enhancing the value of properties and encouraging
orderly development.
This Specific Development Plan No. 43 sets forth the development and design criteria for
MacArthur Place District Center, a mixed-use urban development consisting of approximately
62 acres and shown on the vicinity map attached as Exhibit 1. The purpose of this
Specific Development Plan is to permit maximum flexibility in site planning and design
while assuring high quality development.
This Specific Development Plan No. 43 specifically establishes for the MacArthur Place
District Center the following:
A. The authorized uses for the District Center;
B. Maximum authorized development densities;
C. Operational standards for authorized uses, including:
1. parking requirements
2. setback and sideyard requirements;
3. building height limits; maximum site coverages;
4. landscaping and signage standards.
A specific site plan and architectural standards for the District Center have not been
adopted for this Specific Development Plan No. 43 as of the date hereof, in light of the
fact that the District Center is in its early planning stages. However, it is contemplated
~at such standards may be adopted by a subsequent amendment to this Plan. Except as
otherwise stated in this Specific Development Plan No. 43, the requirements of the City's
Zoning Code (Chapter 41 of the City of Santa ^na Municipal Code) which are in effect as
of the date of the adoption of this Specific Development Plan shall apply with respect to
the District Center.
A final Environmental Impact Report ("EIR") will be prepared and certified by the City
Council on November 23, 1987. The EIR sets forth certain required mitigation measures,
which are hereby incorporated as part of this Specific Development Plan No. 43.
OBJECTIVES
The objectives of the MACARTHUR PLACE Specific Development Plan include the provi-
sion of the following:
I. Development under a comprehensive planning effort which will encourage harmoni-
ous land use patterns;
2. Landscaping that is appropriate to the level of development and sensitive to the
surrounding community;
3. A visually harmonious development as viewed both internally and externally;
4. A circulation system that is responsive to the needs of both vehicular and
pedestrian travel; particularly pedestrian safety across major arterials serving the
subject site;
5. Development that is exclusive of noxious fumes, toxic or hazardous materials;
Flexibility in development while achieving overall City and Community goals;
7. Creation of new employment opportunities;
8. Encouragement of private
capital investment;
9. Off-street parking;
10.
I1.
commercial/industrial rehabilitation, development and
Opportunities for public facilities serving the visual and performing arts;
An integrated sign program that visually enhances the development
harmonious with the adjacent environs.
and is
260
VICINITY MAP
THE MACARTHUR PLACE
DISTRICT CENTER
City of Santa Ana
-. 261
II. DEFINITIONS
SPECIFIC DEVELOPMENT PLAN
The following definitions shall apply to
definitions between the Specific Development Plan
definitions shall apply:
Floor Area:
Specific Development Plan No. 43. Where
and City Zoning conflict, the below
Floor area means the total floor area included within the outer walls of a building.
ODen Space
Areas private or held in common within the MacArthur Place District Center which by
intent and design are available for active or passive recreational opportunities.
Side and Front of Corner Lots:
For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the
front, and the longest frontage facing the intersecting street is the side, irrespective of the
direction in which structures face.
Any structure, device, or contrivance, electric or non-electric and all parts thereof which are
erected or used for advertising purposes upon or within which any poster, bill, bulletin,
printing, lettering, painting, device or other advertising of any kind whatsoever is used,
placed, posted, tacked, nailed, pasted or otherwise fastened or affixed.
Streets - Dedicated and Private:
Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
Cultural Uses
Cultural uses include museums, visual performing arts center, and other similar uses.
262
III. MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY
A. MAXIMUM DENSITIES
The maximum authorized building densitles/intensitias for the MacArthur Place District
Center are as follows:
1. 4,051,000 square feet of Floor Area of office/commercial use; plus
400 residential units with an authorized maximum of 500,000 square feet of Floor
Area of building structures to accommodate the residential units;
3. The maximum office/commercial density with no residential use'is 4,175,000 square
feet of Floor Area.
These maximum densit~ies can be converted or exchanged as follows:
a. 1,000 square feet of Floor Area for office space can be converted into and
exchanged for 2 hotel rooms (common areas in hotels are not calculated in
the determination of maximum densities).
bo
1,000 square feet of Floor Area of office space can be converted into and
exchanged for 3.23 residential units.
C°
1,000 square feet of Floor Area of office can be exchanged for 280 square
feet of retail commercial.
Parking structures are not included in the calculation of Floor Area.
The MacArthur Place District Center will be developed contingent on the installation of
major infrastructure improvements as set forth in the EIR. The applicable infrastructure
improvements corresponding to each phase of development within the MacArthur Place
District Center are required to be substantially completed as follows:
(i)
With respect to the first phase of the Development, fifty percent (50%) of all
applicable first phase off-site improvements set forth in Section 2.4 and Table 1
of the EIR shall be completed prior to the issuance of any tenancy occupancy
permits with respect to the last building to be constructed in such phase, and the
remainder of all first phase off-site improvements shall be completed not later
than one year following the date of issuance of such tenant occupancy permit.
Notwithstanding the foregoing, as a condition to such one-year extension of the
obligation to complete such first phase off-site improvements, Developer shall
deliver to City sufficient security to ensure the completion of the remaining first
phase off-site improvements within such one-year periodl
263
For each remaining phase of the Development, seventy-five percent (75%) of all of
the applicable required off-site improvements for each phase shall be completed
prior to the issuance of any tenant occupancy permit with respect to the last
building to be constructed in such phase, and the remainder of all such off-site
improvements applicable to each phase shall be completed not later than one year
following the date of issuance of such tenant occupancy permit; provided,
however, that as a condition to such one-year delay in completion of such off-site
improvements, Developer shall deliver to the City sufficient security to ensure
completion of such off-site improvements within such one-year period;
(iii)
The determination of the percentage of completion of the applicable off-site
improvements shall be based upon a cost estimate prepared by a licensed civil
engineer reasonably satisfactory to the City. For purposes of this Agreement,
"sufficient security" shall mean a letter of credit issued by a national or state
bank, savings and loan association or other financial institution reasonably
satisfactory to City, a completio~ bond issued by a reasonably satisfactory surety,
or such other security as the City may hereafter accept in an amount equal to one
hundred ten percent {110%) of such engineer's estimate of the costs of the
uncompleted off-site improvements.
Further increases in the maximum building densities set forth in this Specific Development
may be approved subject to certification of subsequent or supplemental environmental impact
reports.
The EIR further identifies a Transportation Demand Management Program ("TDM") to be
implemented as one of the mitigation measures applicable to the MacArthur Place District
Center. In this regard, and as certified in the Findings of Fact and Statement of Overriding
Consideration applicable to the EIR, the implementation of the TDM program will not be
required, and compliance with the reduction measures projected by the implementation of
the TDM program shall not be tested prior to the commencement of the fifth (Sth) and
final phase of the development of the MacArthur Place District Center; provided, however,
prior to the approval of any building permits on the fifth (Sth) phase of development, a
report describing trip generation, level of service and travel impacts on the street system in
the vicinity of the project shall be submitted to the City Traffic Engineer.
B. PHASING
The following are proposed phases of development which coincide with MacArthur Place
Off-Site Street Improvement Plan (Attachment "A"), and are I~9~ mandatory. Development is
authorized for each phase so long as the required corresponding infrastructure improvements
have been completed in accordance with the above provisions.
PHASE TOTAL
! 1,214,925 +400 dwelling units
2 455,075
3 835,000
4 835,000
5 835.000
TOTAL 4,175,0001 2
2
The 4,175,000 represents a factored number and not square feet. It exceeds
maximum permitted square feet of 4,051,000 square feet of Floor Area because residen-
tial traffic generation potential has been factored at the rate of 1,000 square feet of
office/commercial area for each 3.23 dwelling units.
Parking structures are not included.
- 2165
IV. LAND USE
PURPOSE AND INTENT
The purpose of the Land Use section is to designate the three major permitted land uses of
the District Center. The Professional and Business Office use is to provide for a variety of
office and business opportunities in a landscaped setting. It is intended that the uses be
mutually supportive while providing the widest variety of employment opportunities. The
purpose of the Commercial/Retail/Hotel section is to provide for a wide variety of
commercial uses and hotel services to the business community. The Residential use section
sets forth the authorized residential uses for the District Center.
PROFESSIONAL AND BUSINESS OFFICES
General offices providing personal and professional services, including, without limit,
employment agencies, medical, insurance, real estate, travel, trade contractors, architects,
engineers, finance, and other similar uses.
2. Incidental support commercial uses within an office building and day care centers not
within an office building.
COMMERCIAL/RETAIL USES/HOTEL
Commercial/retail uses, including, but not limited to: indoor and outdoor sales,
rental, department stores, and repair establishments for retail merchandise; ser-
vice commercial uses such as: appliance stores, bakery shops, day care centers,
banks and other financial institutions, bookstores, clothing, delicatessens, food
stores, home improvement centers, news stands, pet stores, photography studios,
theaters, video, office and computer equipment, and other similar uses.
Public and institutional uses such as: public buildings and grounds, parks, utility
substations, switching equipment, water and gas facilities, storage facilities and other
similar uses.
Hotel, motel and other similar uses. This includes Bed and Breakfast Inns,
Executive Suites, guest suites, and long-term residential hotel concepts.
Recreational Facilities including, but not limited, to spas, pools, training
room, and other similar uses.
Restaurants, retail commercial, travel services, and other commercial uses inciden-
tal/accessing to the hotel use.
- :2 66
A conditional use permit shall not be required for any establishment which serves
alcoholic beverages for either on~site or off-site consumption, except if the establishment
falls within one of the following categories and provided that a Land Use Certificate
has been approved by the City of Santa Aaa.
a. Restaurants satisfying the following standards:
(I) The establishment is licensed by the State of California as a bona fide eating
establishment.
(2) The bar or lounge area contains less floor area than the dining area and has
no separate entrance from outside the building.
(3) The kitchen is fully equipped and permanently maintained.
(4) A solid masonry wall at least six and one-half (6-1/2) feet in height is
maintained on any property line which abuts residential property.
bo
Retail markets which have twenty thousand (20,000) square feet or more of floor
area and which devote not more than ten (10) per cent of such floor area to the
sale, display, and storage of alcoholic beverages.
Co
Retail markets which have less than twenty thousand (20,000) square feet of floor
area and which satisfy the following standards:
(1)
The establishment is located at least five hundred (:500) feet away from any
school, church, park, or any other establishment licensed to sell alcoholic
beverages by the State of California for off-site consumption.
(2) Not more than ten (10) percent of the floor area is devoted to the sale,
display, and storage of alcoholic beverages.
(3) The sale of alcoholic beverages is not advertised by signs directed toward
persons outside of the building.
(4) The establishment does not provide any video or arcade games.
(5) The sale of market goods is not carried on i~ conjunction with the sale of
gasoline or other vehicle fuel.
Club or lodge estab, lishments where admittance is limited to members and guests
invited by members and where the sale of alcoholic beverages is clearly
incidental to other activities conducted on the premises.
9
.Z67
e. Theaters and concert halls which satisfy the following requirements:
(1)
The establishment has permanently affixed seats so arranged as to provide all
spectators with a direct and unobstructed view of the stage upon which llve
theatrical or musical performances are given.
(2)
The sale of alcoholic beverages is clearly incidental to such performance
and the revenue derived from the sale of alcoholic beverages is insubstantial
when compared to the revenue derived from the sale of tickets for admission
to such performances.
Florists shops offering the sale of a bottle of an alcoholic beverage together with a
floral arrangement.
RESIDENTIAL
Multi family apartments, and/or condominiums.
2. Temporary model complex, leasing office, and appurtenant uses
3. Common and private recreational facilities.
CONDITIONAL USE PERMIT
PROFESSIONAL AND BUSINESS OFFICES
1. The following uses may be permitted subject to the issuance of a Conditional Use
Permit: health and exercise centers.
2. Automobile support facilities providing services only within the parking struc-
tures such as gas sales, auto repair, auto detailing, and other similar uses.
COMMERCIAL/RETAIL/HOTEL
The following uses may be permitted subject to the issuance of a Conditional Use
Permit: automotive repair, tire sales and service, gasoline stations, and health
and exercise centers, provided they are totally enclosed within a structure.
2. Automobile support facilities providing services only within the parking struc-
tures such as gas sales, auto repair, auto detailing, and other similar uses.
No establishment may sell alcoholic beverages for either on-site or off-site consumption
unless a conditional use permit has been approved for such establishment.
10
268
RESIDENTIAL
1. Day nurseries and care facilities when provided on the same lot or within the same
project complex for the primary use of residents of the project.
2. Health facilities for the use of project residents. Facilities can be either indoor or
outdoor and may count toward the required usable open space requirement.
ACCESSORY USES
1. Uses incidental to any Permitted Use will be allowed subject to applicable development
standards.
Il
,269
V. DEVELOPMENT STANDARDS
PROFESSIONAL AND BUSINESS OFFICES/COMMERCIAL/RETAIL/HOTEL
A. Buildlnn Heinhts
No building height limits will be imposed except that development within the
District Center shall comply with City Resolution #87-45 and shall comply
with the applicable height limits required to mitigate shading effects on
adjacent residential property as set forth in Section 3.11.1 of the EIR. See
Exhibit C.
B, Setbacks
All setbacks are averages. Setbacks shall be measured from the property
line. For the purpose of this ordinance, a street side property line is
that line created by the ultimate right-of-way line of the frontage street.
The minimum average building setback on all interior streets is fifteen (15) feet.
The minimum average building setback on Main Street and MacArthur Boulevard
is twenty (20) feet with no setback being less than fifteen (15) feet. The setback
along Columbine Avenue shall be fifteen (15) feet. The minimum average lands-
caped setback to a parking area shall be as follows:
20' along MacArthur Boulevard and Main Street
15' along all other streets
Required and/or provided bus bays Can be placed within the building setback.
If the building is over ten (10) feet in height the average setback shall be an
average of not less than twenty (20) feet. The average setback shall increase
one-half foot for each foot of height in excess of twenty (20) feet not to exceed
a required minimum average of thirty (30) feet.
1. Front Yard Setback
Front yard setbacks will be required only when any one of the following
conditions exist:
Corner ,lot: average fifteen (15) feet (street side setback only),
except that unsupported roofs and sun-screens may project three
(3) feet into setback area.
Where property abuts other than commercially zoned property, a ten
(10) foot setback is required. Unsupported roofs and sunscreens may
project three (3) feet into the setback area.
12
·
Rear Yard
None required except on a through-lot in which case the required front yard
setback shall be observed.
De
All building setbacks as described in B. above and as shown in Exhibit B shall be
provided. Building setbacks shall be maintained for site coverage. Site coverage
for individual parcels or tracts is unlimited, provided that the setbacks described
above are maintained.
Parkinu
Parking within the MacArthur Place Specific Development will be designed to take
advantage of the proposed urban setting and balance of uses. This is represented
by tho mixture of land uses located within close proximity to transportational
facilities. It is the intent of the applicant to provide parking facilities in the
form of either or both surface parking, parking structures above and possibly
below grade. The parking structures design shall be compatible with the
surrounding land uses.
The overall concept of development is as a mixed use District Center. ' The
District Center will provide a variety of uses within close proximity to create a
commonality of parking needs within an urban setting.
I. Location of Parking
Required off-street parking shall be provided. When parking is provided on a site
of different ownership, a recorded document shall be approved and filed with the
City of Santa Ann, Planning Department and signed by the owners of the parking
site, stipulating to the reservation of use of the site for said parking.
2. Joint Use of Parking
Two or more commercial, office, or residential uses may jointly develop and
utilize required parking facilities if approved by the Planning Department.
Parking requirements for each individual use may be reduced through City
approval of joint use as indicated below.
3. Parking Construction Standards
Construction of off-street parking facilities shall comply with all existing
applicable provisions of the City of Santa ^ns as of the date of adoption with
regard to surfacing, marking, grading, lighting, walls, circulation, parking
dimensions, and layout. Landscaping requirements will be in accordance with this
Specific Development.
13
271
4. Off-Street Parking Plan/Site Plan
A parking plan will be submitted for all projects requiring more than 10 parking
spaces unless off-street parking facilities are already provided.
The required number of off-street spaces may be reduced commensurate with
the specific type of use and demonstrated hourly parking demand upon
approval by the Planning Department. For off-street parking plan areas
which contain 500 or more parking spaces a twenty (20) percent reduction
may be permitted for required off-street parking, subject to approval by the
Planning Department. This percentage is based upon representative factors
for land use as provided by the Urban Land Institute's (ULI) shared parking
study.
The required number of off-street spaces provided may be further be modified
contingent upon implementation of a transportation demand management plan
for MacArthur Place and based upon the results of a verified transportation
study and subject to approval by the Planning Department.
5. Number of Required Off=Street Spaces
The minimum number of off-street parking spaces to be provided within the
project are as follows:
Medical and Dental
Six (6) spaces for each doctor or one (1) space for each 200 square feet of gross
floor area whichever is greater.
Professional and Business Offices
One (1) space for each 333 1/3 square feet of gross floor area. Modifications to
parking requirements are subject to approval by the Planning Department.
Restaurants
Restaurant parking shall be in accordance with the following:
One parking space for each two (2) employees, plus one parking space for
each thirty=five (35) square feet of dining or drinking area where there are
no fixed seats, end/or one parking space for each five (5) fixed seats
(eighteen (18) lineal inches of bench shall be considered one fixed seat),
shall be provided for restaurants, cafes, nightclubs, bars and other places
dispensing food or refreshments.
14
Commercial
One (l) space for each 200 square feet of gross floor area. One (I) loading space
for each 10,000 square feet of gross floor area.
Hotel
One parking space for each of the first five (5) guest rooms and one parking
space for each two (2) guest rooms beyond 'the first five (5).
Exception: Parking for Hotel and Motel guest room; all related restaurants, cocktail
lounges, banquet and meeting rooms, retail shops; and all employees may be based
on a demonstrated formula to be reviewed and approved by the Planning Depart-
ment. The parking formula shall contain the minimum parking which would be
required for each of the separate uses evaluated independently. Any reductions
from this minimum parking requirement could be based on the joint usage of the
facilities by hotel and motel patrons.
Movies/Theater
One (1) space for each five ($) seats.
Cultural
One (1) space for each 250 sq.ft, of gross floor area.
E. Londine Areas
On other than special landscaped streets, street side loading shall be allowed
provided the loading area is set back a minimum of thirty five (35) feet
from the street right-of-way line or fifty five (55) feet from the street
centerline, whichever is greater.
All outdoor storage shall be visually screened from adjacent streets, freeways,
and adjacent property. Said screenings shall form a complete opaque screen
up to a point eight (8) feet in vertical height but need not be opaque above
that point.
2. No storage shall be permitted between a frontage street and the building line.
Refuse Collection Area
1. All outdoor refuse collection areas shall be visually screened from access
streets, freeways, and adjacent property by a complete opaque screen.
15
273
No refuse collection areas shall be permitted between a frontage street and
the building line.
H. Telenhone and Electrical Service
All 'on site' electrical lines and telephone lines shall be placed underground.
Transformers or terminal equipment shall be visually screened from view from
streets and adjacent properties.
RESIDENTIAL
A. ~
Building heights shall be as designated
Office/Commercial/Retail/Hotel designation.
B. Permitted Density
in the Professional/Building
Maximum density shall not exceed the 400 dwelling units for the entire MacAr-
thur Place District Center.
C. Minimum Lot Area
None.
D. Minimum Lot Width
None.
E. Usable Onen Snace
Ground level open space must be provided within 500 feet of any resi-
dential unit on the site at a rate of 250 square feet of area for each unit. Such
usable open space shall be divided between common and private open space.
Private and open space shall be required to be provided for each unit at a rate of
no less than ninety (90) square feet of the total open space required.
F. Yard Rcqgircments
Refer to setbacks for Professional and Business Offices/Commercial/Retail/Hotel.
Maximum Lot Covernte
None~ provided, however, minimum setbacks complying with requirements of this
Specific Development Plan shall be required.
16
Dwelling units in this zone must be not less than four hundred fifty (450)
square feet for a bachelor or zero (0) bedroom unit, five hundred fifty
(550) square feet for a one (1) bedroom unit, seven hundred fifty (750)
square feet for a two (2) bedroom unit, and nine hundred fifty (950) square
feet for three (3) bedroom units.
A minimum of 2.0 off-street parking spaces per unit shall be required for
bachelor units. 2.3 off street parking spaces are required for two bedroom units
and 2.5 off-street parking spaces shall be required for 3 or more bedroom units.
I parking space must be covered. In addition, guest parking shall be provided as
follows: 0.5 space for each unit up through ten (I0) units, 0.2 space for each
unit in excess of ten (10) units up through one hundred (100) units, and 0.1 space
for each unit in excess of one hundred (100) units.
17
-- 275
VI. LANDSCAPING STANDARDS
All areas not used for buildings, parking or storage shall be landscaped using the following
guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The
project shall provide extensive landscaping, fountains, and water features (lakes, ponds, etc.).
The design guidelines outlined herein form an integral element in achieving a distinctive
development character for the project area. This character is reinforced through the
coordinated design and selection of landscape and paving materials, and emphasis on
features. Required guidelines are specified for the following categories:
- Front Yard Setback Areas
- Side and Rear Yard Setback Areas
* Parking Areas
= Sloped Banks
These guidelines establish a framework for consistency of design between the ultimate
development pattern and phased increments. As phases are implemented, landscape plans
shall be approved which are consistent with and implement these concepts. Detailed
landscaping plans shall be submitted to and approved by the City of Santa Aaa Planning
Department prior to issuance of a building permit and installed prior to issuance of a
certificate of Use and Occupancy.
I SETBACK AREAS:
To create a unifying element surrounding the project area, a landscaped edge will
be maintained adjacent to Main Street, MacArthur Boulevard, and interior streets.
This edge will contain formal tree plantings with turf below on undulating berms.
b. Main Street, MacArthur Boulevard and interior streets.
(l) Landscape Berm - Berms shall be continuous and undulating both vertically
and horizontally
(2) Turf Type - Turf types shall be consistent within the project site. All tree
frontage areas shall be planted in sod.
(3) Trees - trees shall be planted in accordance with the following requirements:
c. Landscape Theme Nodes
~ (I)
Landscape Berm - Berms shall be continuous and undulating both vertically
and horizontally. Any slope greater than 4:1 shall be covered in ground
cover.
(2) Turf Type - see paragraph b. (2) of this section.
18
276
(3) Trees - trees shall be planted in accordance with the following requirements:
(a) Quantity - Plant a minimum of one (1) tree for every twenty-five
linear feet of street frontage not including drives.
(b)
Spacing - Plant trees in formal groups. Triangular spacing along Main
Street and MacArthur Boulevard. Linear spacing on remaining street
frontages.
(c)
Size - required sizes for plant material shall be expressed as relative
percentages of the total. A minimum of 36" box along Main Street and
MacArthur Boulevard and 24" box along interior streets
(4)
Shrubs - Six (6) five gallon minimum for every 25 linear feet for all street
frontages. Flowering shrubs in groups or clusters shall predominate in all
street frontages. Groundcovers shall be used in all tree/shrub plantings.
d. Temporary Landscape Edge Adjacent to Undeveloped Parcels
(l)
Setback - The width of the landscaped edge of undeveloped parcels proposed
for expansion of completed buildings is 15 feet from back of curb where
no sidewalk exists and 15 feet from back walk where sidewalk exists.
(2) Landscape Berm - none required.
(3) Turf Type - see paragraph b. 2 of this section.
(4) Trees - Trees shall be planted in accordance with previously described
standards.
(5) Shrubs - Shrubs shall be planted in accordance with previously described
standards.
e. Entrance to Parking Lots
Accent tree - Entries to the various parking lots on the project site shall be
special accent points which announce entry nnd set a theme for the project.
Plant materials for these areas shall be consistent within the project site.
Foundation Planting at Building
(1) Shrubs/Ground Cover - Shrubs (planted in accordance with previously defined
standards) and ground cover shall be used for screening of parking areas and
for special effects at entries and around buildings. Shrubs and ground cover
of like species should be used in large masses to avoid a spotty, disconnected
ground plane. Shrubs utilized for planting in these areas shall be consistent
throughout the project site.
19
277
(2) Setback Encroachment - Foundation plantings must be a minimum of 5 feet
wide into the building setback area.
2. SIDE AND REAR YARD SETBACK AREA
Ail building setback areas shall be landscaped utilizing ground cover, lawn, and/or
shrub and tree materials. For setback areas at parking lots, see below.
3. PARKING AREAS
In all areas where parking structures do not provide required parking, the following
standards shall apply:
Setback - the width of the landscaped edge adjacent to parking areas shall be a
minimum of 5 feet from the interior rear and interior side yard property lines.
Front yards are described elsewhere in this text.
Trees - A landscape planter, not less than I designated parking stall 8-1/2 feet
wide by 18 feet long including the thickness of the raised curb shall be required
in all parking areas for every ten parking spaces: each planter will require one 15
gallon size tree, 11 five gallon size shrubs and ground cover to serve as filler
materials. Other organic or inorganic materials are not accepted for substitution
for ground cover or turf.
Shrubs - Shrubs shall be used for screening parking areas. Shrubs of like species
shall be used in large masses for each respective parking area, spaced in linear
fashion at :~'-0~ p.o. maximum. The center line of the shrub mass shall occur a
minimum of 3'-6" from parking lot curb face.
SLOPED BANKS
All sloped banks shall be stabilized, planted, and irrigated in accordance with plans
submitted and approved by the Planning Department.
2O
VII. SIGNS
INTENT
Intent nad Purpose. The purpose of this section is to describe permitted sign types and
provide minimum standards for signs within the MACARTHUR PLACE Specific Devel-
opment Plan. Components' of the MACARTHUR PLACE include identity signage,
major entry signage, block signage, and center wide directional signage, which may
occur within or adjacent to the MACARTHUR PLACE District Center.
2. SIGN TYPES
Protect/Bulldinu Identification Sinns: Project/Building identification signs identify
the development of major buildings. These signs are to be sited at locations along
major street frontages and/or at entrance drive locations related to the project
area.
il in r i n . Building address signs identify the building address. These
signs will be located on or adjacent to each building at areas visible to vehicular
and pedestrian traffic. Building address numerals shall be of a form consistent
with surrounding identification signing.
c. Tenant Identification $1ans. Tenant identification signs are divided into three (3)
categories which are:
1. Regular Tenant
2. Major Tenant
3. Special Category
Tenant signs are located on or adjacent to the building, near the tenant space
and/or entry when applicable. These signs are to be scaled for pedestrian and
vehicle recognition.
d. Vehicular/Pedestrian Directional Slnns. Vehicular/directional signs are to be located
as to direct vehicular and pedestrian traffic within the project.
21
279
SIGN STANDARDS
General Standards - Tenant Identification Signs
1. Signs shall be restricted to tenant identification only, either wall mounted or free
standing.
2. All signs attached to the building shall be individual letters surface mounted.
3. No rooftop signs shall be permitted.
Signs visible from the exterior of any building, shall be devised or constructed so
as not to rotate, gyrate, blink, move, or appear to move in any fashion.
Public service devices such as clocks and temperature indicators shall be devoid of
advertising.
6. Signs may be attached to exterior vision glass.
MaoArthur Place District Center project typeface shall be approved by the
Planning Director.
Primary tenant identification sign (individual letters) shall occupy one position on
n horizontal fascia per street frontage with two (2) fascia signs per building
maximum.
Primary tenant will be allowed the use of his own logo/logotype for his tenant
identification. When tenant logo and logotype are used together, then logo shall
not exceed twelve (12) feet in height and logotype shall not exceed twelve (12)
feet in height. If logo is used alone, then maximum height of logo can be
increased to fifteen (15) feet. Maximum sign areas shall not exceed twenty (20)
per cent of building face. These signs shall be fabricated as individual channel
letters and, if illuminated, shall be internally illuminated without a halo.
10.
Secondary tenant (ground level) identification sign shall occupy one (I) position
adjacent to individual tenant building entrance.
Il.
Secondary tenant (ground level) will be allowed the use of his own logo/logotype
for this tenant identification. If no logo/logotype exists, then identification sign
shall be in MacArthur Place District Center project typeface, upper/lower case, six
(6) inches capital height. Maximum sign area shall not exceed five (5) square feet.
12. Remaining tenant identification shall be restricted to interior tenant directory.
13. All other signs necessary for the effective operation of each facility shall be in
MacArthur Place District Center typeface.
22
.--28O
B. Free Standing Tenant Identification Signs
Ground signs shall not exceed four (4) feet above grade in height or more than
one and one-half (1-1/2) square feet in area for each foot of lineal frontage of
the building. However, no sign shall exceed two hundred (200) square feet in
area with each side 'being one hundred (100) square feet per face (two-face
maximum).
Multi tenant building shall not be allowed a ground sign, however, one building
name ground sign will be allowed.
3. £very lot shall be restricted to one (1) ground sign.
d. All ground signs shall have a minimum setback of twelve (12) feet from the curb.
5. No ground sign shall be within one hundred (I00) feet of another.
C. Temporary Identification Signs
Sale or Lease Sign: One sign not to exceed fifteen (15) square feet in area
advertising the sale, lease, or hire of the site will be allowed.
Construction Sign: One sign not to exceed thirty-two (32) feet in area denoting
the architects, engineers, contractor, and other related subjects will be allowed at
commencement of construction. Said sign will be removed at the time the building
is fit for occupancy.
Temporary Future Tenant Sign: One sign allowing the identification of future
tenants and other persons will be allowed. Such signs shall not exceed twenty (20)
square feet in area.
D. Materials
I. Repair and maintenance of all wall mounted and/or free standing tenant identifica-
tion signs are the direct responsibility of the tenant.
LIGHTING GUIDELINES
Objectives
1. To contribute to the safe and efficient use of a development site.
I 2. To contribute to the site security.
3. To compliment and reinforce the architecture and site design character.
23
· 281
,gl,
To have lighting fixtures and illumination levels for on-site parking consistent
throughout MACARTHIJR PLACE District Center.
To prevent casting glare onto adjacent lots.
To prevent casting glare onto adjacent streets in such a manner as to decrease the
safety of vehicular movement.
?. TO encourage lighting design that is in conformance with energy saving guidelines.
Guidelines
All lighting potentially visible from an adjacent street except bollard lighting less
than forty two (42) inches high, shall be indirect or shall incorporate a full cut
off shield type fixture.
Parking areas, access drives, and internal vehicular circulation area lighting fixtures
shall be a zero cutoff. The parking lot illumination level shall achieve a
uniformity ratio of 3 to I (average to minimum) with a maintained average of
3.0 foot candle and a minimum of !.0 foot candle.
Service area lighting shall be contained within the service yard boundaries and
enclosure walls. No light spillover should occur outside the service area. The
light source should not be visible from the street.
Building illumination and architectural lighting shall be indirect in character. (No
light source visible). Indirect wall lighting or "wall washing" overhead down
lighting, or interior illumination which spills outside is encouraged. Architectural
lighting should articulate and animate the particular building design as well as
provide the required functional lighting for safety and clarity of pedestrian
movement.
5. Pedestrian walk lighting is divided into two types of areas.
Primary areas. Outdoor pedestrian use areas such as courtyard, entry
way, etc. Pedestrian area lighting should achieve a foot candle mini-
mum of 1, with an average illumination of .60 foot candles and a mini-
mum of .18 foot candles.
Secondary areas. Walk lighting where point to point lighting is
acceptable with no specific illumination levels required. The main
emphasis in this area should be to clearly identify the pedestrian
walkway and direction of travel.
5. ENFORCEMENT-
The penal provisions and I~ermit recluireme~t$ set forth in Article XI of the Santa Aha
Municipal Code (effective as of the date of adoption of this Specific Development Plan)
shall apply to all signs within the MacArthur Place District Center.
25
COLUMBINE AVENUE
MAC ARTHUR BOULEVARD
NOTE: FOR EXAMPLE PURPOSES ONLY. THIS EXHIBIT IN NO WAY
IMPLIES AN APPROVAL OF, OR ANY REQUIREMENT TO DEVELOP
THE PROJECT IN ACCORDANCE WITH THIS SITE PLAN,
CONCEPTUAL THE MACARTHUR PLACE
DISTRICT CENTER
SITE PLAN City of Santa Ana Exhibit
COLUMBINE AVE
MACARTHUR BLVD
AN ADDITIONAL 20 FOOT SETBACK ABOVE THE
SECOND FLOOR WILL BE REQUIRED ALONG
MAIN STREET AND MACARTHUR BOULEVARD.
SETBACK PLAN
Property Line
20 Foot Setback
15 Foot Setback
SETBACKS
THE MACARTHUR PLACE
DISTRICT CENTER
City of Santa Ana
Exhibit B
HORIZONTAL
SURFACE
425' MSL
PROJECT SITE
LDA HEIGHT LIMIT
--- IMAG~IARY SURFACE
EIGHT STORY SUILDI~IG OR HIGHER
ALONG SOUTHERN BOUNDARY
m EIGHT STORY GUll. DING OR HIGHER
ALONG NORTHERN SOUNDARY
.... HEIGHT L~IITATION BASED ON g.'OO A.M.
WINTER SOLSTICE
NOTE: BUILDING LOCATIONS AND HEIGHTS
BASED ON PRELIMINARY SITE PLAN
THE MACARTHUR PLACE
HEIGHT LIMITS DISTRICT CENTER
City of Santa Ana Exhibit
ATTACHMENT A
)
PHASE
STREET IMPROVEMENTS(a)
IDENTIFICATION
NUMBER(b} IMPROVEMENT
CONSTRUCTION
COST
RIGHT-OF-
WAY COST
FUNDING
SOURCE
IAi
lA2
lB
lC
ID
1E
iH
1I
1J
1K
IL
2-Lane off-ramp from SR-55
Widen MacArthur Boulevard
at SB SR 55 on-ramp
Widen Main Street between
MacArthur and Columbine
Widen Columbine between
Main and Halladay
Traffic signal at Columbine/
Main
Modify traffic signal at
Main and MacArthur
Eastbound MacArthur right
turn lane at Main
Westbound MacArthur right
turn lane at Main
At Main/Dyer intersection
convert existing northbound
right turn lane to a through
lane and continue beyond
.intersection
At Halladay/Dyer intersection
convert existinG westbound
right turn lane to a third
westbound through lane at
intersection
At SR-55 northbound off-ramp
to Dyer add a third lane to
off-ramp
101,600
145,800
266,350
780,800
225,100
26,000
240,400
64,150
78,100
129,300
78,100
93,000(d}
(f)
(f)
(f)
(f)
(f)
(f)
(f)
(f)
(g)
(f)(g)
equally
(g)
STREET IHPROVEMENTS, Cont. (a)
IDENTIFICATION CONSTRUCTION RIGHT-OF- FUNDING
PHASE NUMBER IMPROVEMENT COST WAY COST SOURCE
2
3
lQ
1M At Grand/Dyer intersection 36,500 (g)
make signal modification and
restripe
1N Northbound Main right turn 229,400 80,000(e) (f)
lane at MacArthur
Project entrance between
off-ramp and Hutton Centre
Subtotal 2,427,600
2Al Modify MacArthur off-ramp $ 341,450
at MacArthur
2A2 Modify traffic signal at 52,100
2B
2C
2D
2E
3A
3B1
3B2
MacArthur and SR 55 off-
ramp
Project entrance at
Hutton Centre
Project entrance at
Maple
Widen MacArthur (project
site only)
Modify traffic signal a~
Hutton Centre and MacArthur
Subtotal
Alton overcrossing (by
others)
Halladay widening between
Columbine and Alton
Traffic signal at Halladay
and Alton
(f)
(f)
78,100 (f)
26,000 (f)
711,600 (f)
\
36,450 (f)
1,245,700
(4,500,000)(c) (g)(i)
equally
1,616,200 894,260(d) '(f)
104,200 (f)
STREET IMPROVEMENTS, Cont.
IDENTIFICATION CONSTRUCTION RIGHT-OF- FUNDING
PHASE NUMBER IMPROVEMENT COST WAY COST SOURCE
3C Widen Main between Columbine 3,000,000 (f)
and Warner (by others)
3D Widen Dyer Road (south side) 800,000 (g)
between Halladay and Main
(by others)
Subtotal $ 1,720,400
4 4A McGaw overcrossinG $3,514,900 (h)
4B Southbound Main right-turn 182,300 80,000(e) (f)
lane at MacArthur
4Cl Malladay wideninG between 1,076,700 654,140
Alton and Dyer
4C2 Traffic signal at Halladay 104,200
and Dyer
5 5A Maple widening between 619,000 246,000 (f)
Columbine and Alton
104,200
732,200
$ 10,995,000
(f)(g)
equally
(f)(g)
equally
5B Northbound SR 55 off-ramp (g)
to MacArthur Boulevard
Subtotal
2,047,400
TOTAL
SOURCE: IWA Engineers; see Appendix F.
NOTE: Refer to page 11-33 for additional detail concerning funding of these improvements.
NOTE: Costs include 15 percent for contingency and 20 percent
for engineering administration and construction management.
STREET IMPROVEMENTS, Cont.
NOTES:
(a) Costs are calculated in 1987 dollars.
(b) Refer to Figure 6 for project location.
(c) Construction projects by others. Costs not included in phase subtotal costs.
Projects are area-wide mitigation measures and are not part of this project. The City
intends that these projects be completed about the time the third phase street
improvements are completed but these additional projects are not mitigation measures
for the MacArthur Place project.
(d) Does not include building acquisition and subsequent demolition for road improvements.
(e) Does not include acquiring all of gas station property at corner.
(f) Mello-Roos District.
(g) City Transportation Fee.
(h) Developer/Applicant.
(i) Others.
bgs-l.5
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Clerk Of the Council
City of Santa ina
20 Civic Cente= Plaza
Santa Ann, CA 92701
BOOK/PAGE NO: ~i'~'
DEED NO.
TIME: _~ :oo
(Above Space for Recorder's Use Only)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ('Development Agreement') is
made and entered into this 4th day of _~, 1988, by and
bptween the CITY OF SANTA ARA, a municipal corporation organized
and existing under the laws of the State of California ('City'),
and BGS PARTNERS, a California limited partnership ('Developer').
A. California Government Code Section 65864, et seq.,
provides that the legislative body of a city may enter into a
development agreement for the development of real property in
order to vest certain rights in the developer and to meet certain
public purposes of the local government. Pursuant to California
Government Code Section 65865, the City has adopted its
Resolution NO. 82-92, establishing procedures and requirements
for the approval of development agreements. Developer has
applied to City pursuant to California Government Code Sect'ions
65864-65869.5, and pursuant to said Resolution for approval of
the Development Agreement set forth herein.
B. The City desires to enter into this Development
Agreement with the Developer in order to facilitate the
development of certain property (the 'Property') known as
'MacArthur Place' (the 'Development'), more fully described in
Eshibit 'A' and shown on the map set forth on Exhibit 'B', both
attached hereto. Such development shall be in accordance with
the Specific Development Plan NO. 43 approved by the City
pursuant to the City Ordinance by which this Agreement is
approved and on file with the City Clerk and incorporated herein
by reference (the 'SD"). The City has given notice of its
intention to adopt this proposed Development Agreement, has
conducted public hearings thereon pursuant to Government Code
Section 65867, and City's Resolution No. 82-98 and has found that
the provisions of this Development Agreement and its purposes are
consistent with the objectives, policies, general land uses and
programs specified in the City's General Plan and the SD. In
connection with its approval of the Development, a Final
Environmental Impact Report ("EIR') was prepared and certified by
the City Council on December 7, 1987. A Tentative Map No. '13216
(the "Map') with respect to the Property, designed for multiple
phased final maps (authorized pursuant to Government Code Section
66455.1) .was also approved by the City on December 7, 1987. A
Disposition and Development Agreement ('D.D.A.') pertaining to
the Development is currently being negotiated between Developer
and the Community Redevelopment Agency of the City of Santa Ann.
0380H/B0488-006
sjq:01/ll/88
292
C. Development of the Property, which is a largely
vacant area almezt totally lacking in required infrastructure
improvements° requires the construction of substantial public
improvements in various phases, many of which improvements will
benefit both the Development and surrounding areas. Certain
development risks and uncertainties associated with the long term
nature of the Development, including the cost of the portion of
these pubtic improvements, could discourage and deter Developer
from making the long term commitments necessary to fully develop
the Property; therefore, the parties desire to enter into this
Development Agreement in order to reduce or eliminate
uncertainties to such development over which the City has control.
D. As permitted by law, the City and the Developer
desire to establish design and development standards for the
entire build-out period of the Development, including all phases
thereof, the permitted uses for the Development, and to identify
the scope of public infrastructure improvements to be required
for and as a result of, the Development.
E. The City recognizes that Developer may sustain
substantial losses if the City were to default in its obligations
herein undertaken, including the substantial investment made by
Developer to plan the Development.
F. The City, by electing to enter into contractual
agreements such as this one, acknowledges that the obligations of
City shall survive beyond the term or terms of the present City
Council members, that such action will serve to bind the City and
future Councils to the obligations thereby undertaken, and this
Pevelopment Agreement shall limit the future exercise of certain
governmental and proprietary powers of the City. By approving
this Development Agreement, the City Council has elected to
exercise certain governmental powers at the time of entering into
this Development Agreement rather than deferring its actions to
some undetermined future date. The terms and conditions of this
Development Agreement have underqone extensive review by the City
and its Council and have been found to be fair, just and
reasonable, and the City has concluded that the pursuit of the
Development will serve the best interests of its citizens and the
public health, safety and welfare will be best served by entering
into this obligation. City acknowledges that Developer would not
consider or engage in the Development without the assurances of
development entitlement which this Development Agreement is
designed to provide.
G. This Development Agreement will promote and
encodrage the development of the Property by providing the
Developer and its creditors with a greater degree of certainty of
the Developer's ability to expeditiously and economically
complete the development effort, and the parties agree that the
consideration to be received by the City pursuant to this
Development Agreement and the rights secured to the Developer
hereunder constitute sufficient consideration to support the
covenants and agreements of the City and the Developer. By
entering into this Development Agreement, City desires to vest in
Developer, to the fullest extent possible under the law, all
possible development entitlements in order to complete the
Development.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements contained herein, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
parties do hereby agree as follows:
Development Agreement pertains to the Property as described in
Exhlbit "A'. The burdens of the Development Agreement are
binding upon, and the benefits og the Development Agreement inure
to all successors in interest of the parties to the Development
Agreement, and constitute covenants which run with the Property,
and in order to provide continued notice thereof, this
Development Agreement will be recorded by the parties.
2. Relationship of the Parties. It is hereby
specifically understood and acknowledged that the Development is
a private project and that neither the City nor Developer will be
deemed to be the agent og the other for any purpose whatsoever.
3. Reservations and Dedications. It is hereby further
understood and agreed that no reservations or dedications of land
will be required by the City during the Term (as herein defined)
except as part of the conditions imposed in connection with the
approval of the Hep, or as otherwise agreed to in writing by the
City and Developer.
4. Term.
(a) The term ("Term") of this Development
Agreement is twenty (20) years from the date of execution,
subject to earlier termination as hereinafter provided.
(b) pursuant to Section 66452.6(a) of the
California Subdivision Hap Act, the Nap shall also be
extended for a period equal to the period this Agreement
remains in effect.
(c) The City may terminate this Agreement prior to
the expiration of the Term if the Developer fails to timely
commence and complete construction of improvements upon the
Property required by the terms of the D.D.A., subject to all
duly authorized extensions thereof. Nothing {n this
Development Agreement shall be construed to require Developer
to develop the Property to any greater extent than required
by the D.D.A.
(d) This Agreement shall not be effective until
such time as Developer obtains a legal or equitable interest
in the Property. If Developer fails to obtain such an
interest by June 1, 1988, the City may terminate this
Agreement.
(e) The City may terminate this Agreement prior to
expiration of the Term if the Developer fails to perform'its
obligations under Section 13 hereof.
5. Development Approval. The following elements of
the Development are hereby approved:
(a) Permitted Uses of the Property. The parties
agree that the permitted, conditional and prohibited uses of
the Property shall be as set forth-in the SD.
(b) Density or Intensity of Use. The parties
agree that the maximum densities and intensities for the
respective permitted uses of the Property shall be as set
forth in the SD.
(c) Naximum Height and Size of Proposed
Buildings. The parties agree that the maximum heights and
293
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I
sizes of buildings for the Development shall be aa set forth
in the SD.
(d) Fees; Charges. The fees, ~harges and
exactions charged by City from time to time with respect to
real estate development projects shall apply to the
Development.
6. Processing of Applications and Permits. The City
will accept the processing and review of all applications for
permits or other entitlements with respect to the development and
the use of the Property is accordance with this Agreement. It is
understood by the parties to this Agreement that pursuant to
existing law, development review approvals shall not remain valid
for the term of this Agreement, but only for the term of such
development review approvals. Accordingly, the Developer shall
have the right to file such new development review applications
on portions of the Development where such previously approved
development review approvals have expired. Any such new
development review applications filed for the Development shall
be reviewed in accordance with the SD.
7. Development Review. Nothing set forth herein shall
impair or interfere with the right of the City to require the
processing of building permits as required by law and to conduct
its development review of any specific improvements proposed for
the Development pursuant to the applicable provisions of Chapter
41 of the City's Municipal Code which are in effect as of the
date hereofl provided, however, no such review shall authorize or
permit City to impose any condition and/or withhold approval to
any proposed building the result of which would be inconsistent
with any term or provision of this Agreement and it is hereby
further agreed that the basis for the City's development review
shall, to the degree possible, be limited to architectural design
and compatibility with the standards and specifications set forth
in the SD. It is further agreed that City shall in all events
provide reasonable alternatives to the design and layout of any
building in the event that the City disapproves any building as
proposed.
8. Utility Capacity. It is hereby agreed that City
will not undertake any act or neglect to perform any act or duty
which would impair or inhibit Developer's receipt of water or
sewer service, the fees for which Developer has paid or is
willing to pay to City for such service. City hereby represents
that it currently has sufficient water and sanitary sewage
Capacity for the entire development of the Property.
9. Assignment. Except as limited by. the terms of the
D.D.A., Developer shall have the right to sell, assign, or
transfer all of its interest in the Property along with all of
its right, title and interest in and to this Development
Agreement to any person, firm or corporation at any time during
the term of this Development Agreement without the consent of
City.
10. Periodic Review of Compliance. In accordance with
Government Code Section 65865.1, the City Council shall review
this Agreement at least once each calendar year hereafter. At
such periodic reviews, Developer must demonstrate its good faith
compliance with the terms of this Agreement. Developer agrees to
furnish such evidence of good faith compliance as the City, in
the reasonable exercise of its discretion and after reasonable
notice to Developer, may require. Developer shall be deemed to
be in good faith compliance with this Agreement if the City is
not entitled by the terms and provisions of this. Agreement to
terminate this Agreement.
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l~. Amendment or Csncell#~ign. This Development
Agreement may be amended or cancelled in whole or in part only by
Government Code Sections 65868, 65867 and 65867.5.
12. Vestlnq of Development Riqhts.
(a) General Statement. As a material inducement
to the Developer and its lenders to contlnue with diligent
efforts to promote the development of the Property, the City
desires to cause all development rights which may be required
to develop to Completion the Property with buildings and
related improvements consistent with the SD, to be deemed
vested in Developer, as of the date of this Development
Agreement, to the greatest extent permitfed by law, and to be
free of all discretionary rights of the City or any body or
subsequent building moratoriums or restrictions on
development which are inconsistent with this Agreement.
(b) Existing Rules to Govern. In accordance with
the terms of Government Code Section 65866, the Cify and the
Developer agree that the ordinances, rules, regulations and
official policies of the City, including the SD
(collectively, the "Existing Development Regulations") in
effect as of the date of this Agreement governing the design,
density, permitted land uses, improvement and construction
standards applicable to the Development shall govern during
the Term of this Agreement. Except as othe£wise provided in
to any of the Existing Development Regulations without
Developer's written approval, whether adopted or approved by
the City Council or any office, board, commission or other
Agency of the City, or hy the people of the City through
charter amendment or initiative measure, shall be effective
or enforceable by the City with respect to the Development,
its design, grading, construction, remodeling, use or
occupancy~ schedule of development.
(c) Definition of "Existing Developmen~
Regulations". As used herein, NExisting Development
Regulations" shall not include municipal laws and regulations
which do not conflict with Developer's vested rights to
develop and uae the Property in accordance with the SD.
Developer and its successors and assigns and all persons and
entities in occupation of any portion of the Property shall
comply with such non-conflictin~ laws and regulations as may
from time to time be enacted or amended hereafter.
8pecifically, but without limitation on the foregoing, such
non-conflicting laws and regulations include the following:
(1) Taxes, assessments, fees and charges;
(2) Building, electrical, mechanical, fire
and similar codes based upon uniform codes incorporated
by reference into the Santa Ana Municipal Code;
(3) haws, 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;
(4) Procedural rules.
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(d) Subllouent "Slow/No Growth# Keaaurea.
Consistent with (a) and (b), above, the City and Developer
specifically agree that any subsequently enacted initiatives,
referendums, or amendments to the City's Oenerai Plan lad/or
Zoning Code which contain "slow/no-growth" measures or which
by their terms are intended to, or by operation have such
effect, shall have no application to the Development.
Notwithstanding any such measures, the mitigation measures
required for the Development are limited to those established
by this Agreement.
13. Environmental Compliance.
(a) EIR Processing Completed. The EIR for the
Development is incoporated herein by reference as though
fully set forth at length. Developer hereby acknowledges
that the Development shall be subject to the mitigation
measures set forth in the EIN. To the extent that Developer
develops the Development, Developer hereby agrees to
implement the various mitiqation measures required to be
implemented by Developer pursuant to the terms of the EIR, or
any and all such substitute mitigation measures as are
identified in the EIR or in any subsequent or supplemental
environmental impact report prepared and certified with
respect to or pertaining to the Development. Particular
reference is hereby made to the phases of the Development as
set forth in Section 2.4 of the EIR and to the off-site
improvements set forth in Table I of the EIR and more fully
described in Appendix F of the EIR. It is the intent of the
parties hereto that the off-site improvements corresponding
to the applicable phases of the Development shall be
substantially'completed as follows:
(ii With respect to the first phase of the
Development, fifty percent (50%) of all applicable first
phase off-site improvements set forth in Section 2.4 and
Table I of the EIR shall be completed prior to the
issuance of any tenancy occupancy permits with respect
to the last building to b~ constructed in such phase,
and the remainder of all such first phase off-site
improvements shall be completed not later than one year
following the date of the issuance of such tenant
occupancy permit. Notwithstandinq the foregoing, as a
condition to such one-year extension of the obligation
to complete such first phase off-site improvements,
Developer shall deliver to City sufficient security to
ensure the completion, of the remaining first phase
off-site improvements within such one-year period;
(ii) For each remaining phase of the
Development, seventy-five percent (75%) of all of the
applicable required off-site improvements for each phase
shall be completed prior to the issuance of any tenant
occupancy permit with respect to the last building to be
constructed in such phase, and the remainder of all such
off-site improvements applicable to etch phase shall be
completed not later than one year following the date.of
the issuance of such tenant occupancy permit; provided,
however, that as a condition to such one-year delay in
~he completion of such off-site improvements, Developer
shall deliver to the City sufficient security to ensure
completion of such off-site improvements within such one
year period;
(iii) The determination of the percentage of
completed or uncompleted off-site improvements shall be
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297
based upon a cost. estimate prepared by a licensed civil
engineer reasonably satisfactory to the City. For
purposes of this Agreement, "sufficient security' shall
mean a bond substantially in the form set forth in
Section 66499.! of the Government Code of the State of
California issued by a reasonably satisfactory surety,
Or such other reasonable security ss the City may
hereafter accept in an amount equal to one hundred ten
percent (ll0%) of such engineer's estimate of the
uncompleted costs of the off-site improvements for the
applicable phase.
It is understood and agreed that the costs of such
off-site improvements (including, without limitation, land
acquisition costs, severance damages and construction costs)
are to be borne by Developer except as otherwise expressly
provided in this Agreement or as otherwise stated in the EIR,
and subject to such reimbursements to Developer as are
provided in the D.D.A. or as may hereafter be agreed to by
the City, and subject to such financial assistance as the
City provides pursuant to Paragraph 16 hereof.
The EIR identifies a Transportation Demand
Management Program (#TDN") to be implemented as one of the
mitigation measures applicable to the Development. In this
regard, and aa certified in the Findings of Fact and
Statement of Overriding Consideration applicable to the EIR,
the implementation of the TDM program will not be required,
and compliance with the reduction measures projected by the
implementation of the TDM program shall not be tested prior
to the commencement of the fifth (Sth) and final phase of the
Development; provided, however, prior to the approval of any
building permits on the fifth (5th) phase, a report
describing trip generation, level of service and travel
impacts on the street system in the vicinity of the
Development shall be submitted to the City Traffic Engineer.
(b) Subsequent Environmental Review. In
exercising its legislative discretion to enter into this
Development Agreement and to commit the City to the
completion of the Development, the City has reviewed and
considered the potential adverse environmental impacts
related to all aspects of the contemplated project,
including, without limitation, the potential demands the
Development will make on local and regional streets,
highways, parks and recreation areas, water capacity and
water lines, sewer capacity and sewer lines, flood and storm
drain systems, and energy conservation, and the effect on
school capacity, traffic, pedestrian safety, noise and air
quality impacts. The City has further reviewed and
considered from a variety of perspectives, and has analyzed
pursuant to a variety of assumptions, the projected future
regional and cumulative environmental demands that will
compete with the Development for available capacities and
cumulatively add to potential adverse impacts. In so doing,
the City has considered among other things, the possibilities
that:
(i) Federal, local, regional and state plans,
if any, for provision of new infrastructure systems or
expansion of existing infrastructure systems may be
delayed, modified or abandoned;
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I
(ii) The types, intensities, and amount of
different from that currently being planned by the City
and other local agencies; and
(iii) Regional and Development.generated
either the short run or the long run the allocated
After assessinq these and other potential
adverse environmental impacts associated with the
development of the Property, the City has imposed
mitigation measures through the EIR and the subdivision
review process, and this Development Agreement to the
fullest extent the City considers feasible and
necessary. The City has determined that phased
completion of the Development in the manner contemplated
will itself provide the mitigation measures needed to
contribute to alleviate short run and long run potential
adverse environmental impacts, and that the public
benefits of the Development override any potential
adverse environmental impa6ts which may arise during the
development period; therefore, the City agrees,
consistent with California Public Resources Code Section
21166, that no subsequent or supplemental environmental
impact report shall be required by the City for the
subsequent discretionary approvals except as set forth
in said section.
14. Right-of-Way Acquisitions. With respect to any
required public street widening, the installation of utilitles
and any other off-site facilities'to be performed by Developer in
fulfillment of any and all conditions imposed In connection with
the approval of the Map and/or as part of the required mitigation
measures set forth in the fIR, Developer shall make s good faith
effort to acquire the necessary land by private negotiations st
the fair market value of such land. If, despite such effort,
Developer is unable to acquire such land, and provides City with
funding for such acquisition, City shall offer to acquire the
land at fair market value and, if such offer is rejected, City
shall hold s hearing and exercise its discretion with respect to
acquiring required easements or rights-of-way in accordance with
the terms of California Code of Civil Procedure Section
1245.235. City further agrees that with respect to any
discretionary approvals applicable to any development projects
proposed by the owners of land located in the areas of such
proposed utilities and/or street widening, City will require
dedications by such landowners of the required easements and/or
rights-of-way for such proposed utilities and/or street widening
ss a condition to the granting of any such approvals, to the
extent authorized by law.
15. Enforcement. Unless amended or cancelled as
provided in Paragraph Il, this Development Agreement shall
continue to be enforceable by any party to it, notwithstandinq a
change in general or specific plans, zoning, subdivision,
building or other regulations adopted by City which alter or
sn~nd the rules, regulations or policies applicable to 'the
Development.
16. Municipal Financinq; Reimbursement Aqreement~. It
is hereby agreed and acknowledged that the cost of the public
Infrastructure improvements more particularly identified in
Exhiblt 'C~ attached hereto, and which are to be constructed in
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299
the various phases of the Development as set forth in said
exhibit, will be financed through one or more Municipal
Financing(s). For purposes of this Agreement, s 'Municipal
Financing# shall mean a financing secured by assessments or
special taxes pursuant to the Mello-Roos Facilities Act of 1982,
being Chapter 2.5 of Division 2 of Title V of the California
Government Code, commencing at Section 5331! thereof. City
hereby agrees to use its best efforts to sponsor the issuance of
one more Municipal Financing(s) to assist in the completion and
installation of public infrastructure improvements identified in
Exhibit #C# attached hereto. In the event the City shall be
responsible for completing one or more portions of such
improvements, City agrees to act promptly to so complete such
improvements in order to avoid delays to the Development. It is
anticipated that notwithstanding any Municipal Financing(s), the
initial cost of the installation of the above-described public
improvements may be borne in part by Developer.
17. Supercession of Agreement by Changes in State or
Federal Law. In the event that State or Federal laws or
regulations enacted after this Development Agreement have been
entered into or the action or inaction of any other affected
governmental jurisdiction prevents or precludes compliance with
one or more provisions of this Development Agreement that
requires changes in plans, maps or permits approved by the City,
the parties shall:
(a) Provide the other party with written notice of
such State or Federal restriction, provide a copy of such
regulation or policy ss a statement of conflict for the
provisions of this Development Agreement; and
(b) Promptly meet and confer with the other party
in a good faith and make s reasonable attempt to modify or
suspend this Development Agreement to comply with such
Federal or State law or regulation. Thereafter, regardless
of whether the parties reach agreement on.the effect of such
Federal or State law regulation upon this Development
Agreement, the matter shall be scheduled for a hearing before
the City Council, upon thirty (30) days notice, for the
purposes of determining the exact modification or suspension
which is required by such Federal or State law or
regulation.
18. Enforced Delay and Extension of Times of
~erformance. In addition to'specific provisions of this
Development Agreement, performance by either party hereunder
shall not be deemed to be in default where delays or defaults are
demonstrated to be due to acts of God, war, acts or omissions of
the City, acts or omissions of third parties which are not a
party to this Development Agreement, including hut not limited
to, other governmental agencies, or other causes beyond the
reasonable control of Developer. An extension of time in writing
for any such cause shall be granted for the period of the
enforced delay, or longer aa mutually agreed upon, which period
shall commence to run from the time oX co~encment of cause.
19. Notices. Any notice or instrument required to be
given or delivered to either party to the Development Agreement
may be given or delivered by depositing the same in the United
States mail, certifi~d mail, postage prepaid, addressed to:
City: City of Santa Ann
20 Civic Center Plaza
P.O. Box 1988
Santa Ann, California 92702
Attention: City Manager
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eeo
BGS Partners, a California limited
partnership
c/o Griffin Realty Corporation
5 Hutton Centre Drive, Suite 950
Santa Aha, California 92707
Notice o~ a change of address shall be delivered in the same
manner ss any other notice provided herein, and shall be
effective three days after mailing by the above-described
procedure.
20. Breach and Remedies. Notwithstanding any provision
of this Agreement to the contrary, Developer shall not be deemed
to be in default under this Agreement, and the City may not
terminate Developer's rights under this Agreement unless the City
shall have first delivered a written notice of any alleged
default to Developer, which shall specify the nature of such
default. If such default is not cured by Developer within ninety
(90) days of service of such notice of defau%t, or with respect.
to defaults which cannot be cured within such period, Developer
fails to commence to cure the default within thirty (30) days
after service of the notice of default, or thereafter fails to
diligently pursue the cure of such default until completion, the
City may terminate Developer's rights under this Agreement. In
the event a breach of this Development Agreement occurs,
irreparable harm is likely to occur to the non-breaching party
and damages may be an inadequate remedy. To the extent permitted
by law, therefore, it is expressly recognized that specific
enforcement of this Development Agreement is a proper and
desirable remedy. Notwithstanding the foregoing, in no event
shall Developer be entitled to any of the following damages
against the City, based upon the City's default under this
Agreement:
(a) Punitive damages;
(b) Damages for loss of profits;
(c) Damages for expenditures or costs incurred
prior to or following the date of this Agreement;
(d) Damages in the event this Agreement is
terminated.
21. Entire Agreement. This Development Agreement and
the ~xhibits herein contain the entire agreement between the
parties, and is intended by the parties to completely state the
Development Agreement in full. Any agreement or representation
respecting the matters dealt w[th herein or th~.duties of any
party in relation thereto, not expressly set forth in this
Development Agreement, is null and void.
22. Seversbility. 'If any term, provision, condition,
or covenant of this Development Agreement, or the application
thereof to any party or circumstances, shall to any extent be
held invalid or unenforceable, the remainder of the instrument,
or the application of such term, provision, condition or covenant
to persons or circumstances other than those as to whom or which
it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Development Agreement
shall be valid and enforceable to the fullest extent permitted by
23. Construction of McG&w Overcrossinq. Developer and
City hereby acknowledge that the EIR identifies as a required
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mitigation measure the installation of the McGaw overcrossing as
a condition to the construction of subsequent phases of the
Development. Developer and City further acknowledge that the
construction of the McGaw overcrossing would involve and require
the consent and cooperation of the City, of Irvine, California
Department of Transportation and the County of Orange.
2~. Counterparts. This Development Agreement has been
executed in one or more counterparts, each of which has been
deemed an original, but all of which constitute one and the same
instrument.
ATTEST:
APPROVED AS TO FORN:
IR ~ITNESS ~EREOF, the undersiqned have executed this
Development Agreement as of the day and year first above written.
"City" CITY OF SANTA ANA, a municipal
corporation
City Manager
"Developer"
BGS PARTNERS, a California limited
partnership
By: BCE Development, Inc., a
corporation, General Partner
Its:
By: Griffin Santa Ana Properties II,
a California limited
partnership, General Partner
By: Griffin Realty Corporation,
a California corporation,
its sole General Partner
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3O2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On this S day of February, 1988. before me. a Notary
Public in and for said State, personally appeared
H. Gordon. MacKenz~e~ersonally known to me (or proved ko me on the
basis of satisfaCtory evidence) and ~illiam B. Seith
personally known to me (or proved to me on the basis of ·
satisfactory evidence) to be the.persons who ezecuted the within
instrument assr. Vice Presiden~nd Sr. Vice Presid~nt-Pinance
respectively, on behalf of BCE DSVELOP~NT· INCo~ a Delaware
corporation, the corporation therein named, and acknowledged to
me that said corporation ezecuted the ~ithin instrument pursuant
to its bylaws or a resolution of its board of directors· said
PARTNERS· a Califo~nia limited Partnership, the limited
partnership that ezecuted the within instrument· and acknowledged
that such partnership ezecuted the same.
~ITNESS my hand and official seal.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ' )
On this 5 day of February, 1988, before me, a Notary
Public in and for said State, personall7 appeared
Ro~er Torriero . personally known to me (or proved to me on
the bas~s of satisfactory evidence) to be the person who executed
the within instrument as President on behalf of GRIFFIN
REALTY CORPORATION, a Cal~'~ornia corporation, the corporation
therein named, and acknowledged to me that said corporation
executed the within instrument pursuant to its bylaws or a
resolution of its board of directors, said corporation being
known to me to be a general partner of GRIFFIN SANTA ANA
PROPERTIES Il, s California limited partnership, the limited
partnership that executed the within instrument, said partnership
being known to me to be a general partner of BGS PARTNERS, a
California limited partnership, the limited partnership that
executed the ~ithin instrument, and acknowledged to me that such
corporation executed the same as such partner a~d that such
partnerships also executed the same.
~ITNESS my hand and official seal.
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303
STATE OF CALIFORNZA )
COtmTY OF )
On this day of , 1988, before me, a
Notary Public in ~d f6r said State, Personally appeared
· known to me (or proved to me on the
~asis of Satisfactory evidence) to be the Person who executed the
within instrument as the Mayor of the CITY OF SANTA ANA, a
general law municipal corporation· and acknowledged to me that
such general law municipal corporation executed the same.
WITNESS my hand and ogficial seal.
~otary Public
STATE OF CALIFORNIA )
COUNTY OF )
On this day of , 1988, before me, a
Notary Public in and for said S~ate, personally appeared
~atisfactory evidence) to be the person who executed the within
instrument as the City Clerk of the CITY OF SANTA ANA, a general
law municipal corporation, and acknowledged to me that such
WITNESS my hand and official seal.
~Otary Public
Council o~ .Deputy C~erk
~Counca of me ~ ~ ~ma ~a ~ey ~
~ ~ C~ ~ ~a~a ~a aM eok~l~M ~ ~ that .
"C~ ' "nta ~, exec~ it. ~~'~
]J
LEGAL DESCRIPTION OF PROPERTY
PARCEL A:
PARCEL
BEGINNING 'AT THE SOUTHWEST CORNER OF SECTION }0, TOWNSHIP 5 SOUTH, R~E ~
WEST, SAN BERNARDINO BASE & HERIDIAN, IN THE CITY OF SANTA ANA, COUMT¥ OF
ORANGE, STATE OF CALIFORNIA; THENCE NORTH, ALONG THE WEST LINE OF SAZD
SECTION, 644.75 FEET; THENCE EAST 2036.19 FEET TO A POINT ON THE WEST LINE
OF THE SECCOHBE TRACT, AS SHOWN ON A HAP RECORDED IN BOOK 8~ PAGE 89 OF
HISCELLAHEOUS HAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH POIMT IS
NORTH 644.92 FEET FROH THE SOUTHWEST CORNER OF SAID SECCOHBE TRACT; THENCE
SOUTH, ALONG THE WEST' LINE OF SAID SECCOHBE TRACTj 644.92 FEE~ TO THE
SOUTHWEST CORNER OF SAID SECCOHBE TRACT; THENCE WEST 20~8.00 FEET TO [HE
POINT OF BEGINNING.
PARCEL
THAT PORTION OF FRACTIONAL SECTION ]1, TOWNSHIP 5 SOUTH, RANGE 9 WEST
INCLUDED WITHIN THE LAND ALLOTED TO 3AHES HC FADDEN, ZN THE FINAL DECi~E OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN CASE NO. 1192.
ENTERED $EPTEHBER 12, 1868 IN BOOK B, PAGE 410 OF 3UDGEHENT$ OF THE 3~J~[CIAL
DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLZNE OF HAIN STREET, SAID CENTERLINE
BEING THE WESTERLY LINE OF SAID SECTION, SAID POINT BEING DISTANT THEREON
NORTH I DEG. 28' 19" EAST ~041.68 FEET FROH THE INTERSECTION OF SAID
CENTERLINE OF HAIN STREET WITH THE CENTERLINE OF NEWPORT AVENUE, AS SHOWN
ON A HAP FILED IN BOOK ~0, PAGE 9 ~F RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE AT RIGHT ANGLES TO
SAID CENTERLINE OF HAIN STREET, SOUTH 88 DEG. ~1' ~1" EAST 50.00 FEET;
THENCE SOUTH 4~ DEG. ~ 4~" EAST ~5.~6 FEET TO A LINE PARALLEL WITH AND
DISTANT 100.00 FEET NORTHERLY~ HEASURED AT RIGHT ANGLES FROH COURSE NO.
IN THAT CERTAIN FINAL ORDER OF CONDEHNATION RECORDED APRIL 9, 1964 IN eO0~
6998, PAGE 401 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID
PARALLEL LI~E, SOUTH 88 DEG. ~ 41' EAST 922.80 FEET; THENCE EASTERLY,
ALONG A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1250.00 FEET
THROUGH A CENTRAL ANGLE OF 9 DEG. 5~! 51", AN ARC DISTANCE OF 215.9~ FEET;
THENCE NORTH 86 DEG. 5~' 56# EAST 110.21 FEET; THENCE SOUTH 89 DEG. 19' 2~'
EAST 2~.76 FEET; THENCE NORTH 76 DEG. 08~ 02" EAST 743.25 FEET; THENCE
NORTH 52 DEG. 41' 19" EAST 2~2.91 FEET; THENCE NORTH 44 DEG. 14' ~" EAST
121.6~ FEET TO THE NORTH LINE OF SAID SECTION; THENCE ALONG SAID NORTH
LINE, NORTH 88 DEG. 15~ 21" WEST 2590.08 FEET TO SAID CENTERLINE OF MAIN
STREET; THENCE ALONG SAID CENTERLINE OF HAIN STREET, SOUTH I DEG. 28'
WEST ~0,[8 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROH THAT PORTION DESCRIBED AS FOLLOWS=
BEGINNING AT A POINT IN SAID CENTERLINE OF HAIN STREET, SAID POINT BEING
NORTH 1~29~19' EAST ~0~1.68 FEET FROH SAID INTERSECTION GF HAIN STREET AND
NEWPORT AVENUE; THENCE SOUTH 88~1'41' EAST, AT RIGHT ANGLES TO SAID
CENTERLINE OF HAIN STREET 50.00 FEET; THENCE SOUTH 4~1'4~' EAST ~5.~6 FEET;
THENCE SOUTH 88°~1'41" EAST 1~4.00 FEET TO A LINE PARALLEL DF HAIN STREET;
TH~NC~ NORTH 1~8'19" EAST ALONG SAID PARALLEL LINE 1~0o0~ FEET; THENCE NORTH
88 ~1 41"WEST, AT RIGHT ANGLES TO SAID CENTERLINE OF HAIN STREET, 209.00
FEET TO SAID CENTERLI~E OF HAIN STREET; THENCE SOUTH 1o28'19' WEST, ALONG
SAID CENTERLINE I~,0U FEET TO THE POINT OF BEGINNING.
PARCEL
THAT PORTION OF FRACTIONAL SECTION ]1, TOWNSHIP ~ SOUTH, RANGE 9 WEST
INCLUDED gZTHIN THE LAND ALLOTTED TO ~AHES NC FADDEN~ IN THE F[NAL DECREE
OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN CASE NO.
1192, ENTERED SEPTEHBER 12, 18~8 IN BOOK B, PAGE 110 OF 3UDGHENTS OF THE
3UDIClAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
EXHiBiT #A#
2 ~a~es
305
BEGINNING AT A POINT IN SAID CENTERLINE OF MAI~ STREET, SAID POINT BEING
NORTH I DEG. 29' 19" EAST ]04[.~8 FEET FROM SAID INTERSECTION OF MAIN
STREET AND NEWPORT AVENUE; THENCE SOUTH 88 DEB. 3[~ 41" EAST, AT RIGHT
ANGLES TO SAID CENTERLINE OF HAIN STREET 50,00 FEET; THENCE SOUTH 45 DEG.
3[' 43'* EAST 55.3~ FEET; THENCE SOUTH 88 DEG. 3[' 4[" EAST [54.00 PEET TO A
LINE PARALLEL OF MAIN STREET; THENCE NORTH [ DEG. 58' 19" EAST ALONG SAID
PARALLEL LINE JG0.00 FEET; THENCE NORTH 88 DEG. 31' 41# WEST, AT RIGHT
ANGLES TO SAID CENTERLINE OF HAIN, 209.00 PEET TO SAID CENTERLINE OF HAIN
STREET; THENCE SOUTH ! DEG. 28~ 19" YEST, ALONG SAID CENTERLINE 135.00 FEET
TO THE POINT OF BEGINNING.
PARCELS 2 AND ] ARE INCLUDED WITHIN THE AREAS SHOWN ON A PARCEL MAP FILED
IN BOOK 65, PAGE 18 OF PARCEL HAPS RECORDS OF SAID ORANGE COUNTY.
PARCEL B:
LOTS 5 AND 8, AND THOSE PORTIONS OF LOTS ~ 4~ ~ AND 7 OF THE SECCONBE
TRACT~ IN THE CITY OF ~ANTA ANA~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHONN ON A NAP RECORDED IN BOOK 8, PAGE 55. OF HISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLONS;
PARCEL 4, AS SHOWN ON A HAP FILED IN BOOK 25~ PAGE 48 OF PARCEL HAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED AS FOLLOWS=
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF COLUHOZNE STREET, AS
DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED 3ULY 27, 1964, AS
INSTRUHENT/FILE NO. 2512~, IN ~OOK 7149, PAGE 969 OF 0FFIC~AL RECORDS OF
SAID ORANGE COUNTY, WITH THE WESTERLY LINE OF SAID PARCEL 4; THENCE NORTH
05° 08' 19" EAST 7.70 FEET ALONG SAID WESTERLY LINE TO'THE NORTHWEST CORNER
OF SAID PARCEL 4; THENCE SOUTH 8~e 1~~ 21" EAST 101,02 FEET ALONG THE
NORTHERLY LINE OF SAID PARCEL ~; THENCE SOUTH 87° 09'~2' NEST 91.88 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS
OF 120.00 FEET; THENCE WESTERLY 9.65 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04° ~ 01" TO ITS POINT OF TANGENCY ~ITH SAID NORTHERLY
LINE OF COLUHBINE STREET AND THE POINT OF BEGINNING. '
MAP OF PROPERTY
eR
M1
C4
¢
C2
¢
M1
ProjeQt 81!
I L, II
M2
8.1A
STRKE'F IMPHOVEHENTS(a)
IDENTIFICATION CONSTRUCTIOH RIGHT-OF- FUNDING
PHASE NUMBER(b) IMPROVEMENT COST HAY COST SOURCE
1Al 2-Lane sEE-ramp fro~ SR-55 ' $ 101,600 (E)
lA2 Widen HacArthur Boulevard 145,800 (~)
at SB SR 55 on-ramp
lB Widen Hain Street between 266;350
HacArthur and Coluubtne
lC Widen Columbine between 780;800 (f)
Hain and Balladay
1D TraEEic signal at Columbine/ 225,100 (f)
Main
IR Modify traEEic signal at 26,000
Nain and MacArthur
1H Eastbound NacArthur right 240;400 93,000(d)
turn lane at Hain
1I Westbound MacArthur right 64,150 (f)
turn lane at Hain
13 At Hain/Dyer intersection 78,100 (g)
convert existing northbound
eight turn lane to a through
lane and continue beyond
intersection
IK At Halladay/Dyer intersection 129~300 (f)(g)
convert existing westbound equally
right turn lane to a third
westbound through lane at
intersection
At SR-55 northbound o~-ramp 78,100
to Dyer add a third lane to
o[~-ramp
1L (g)
STREET XMPROVKMENTS, COst. (a)
IDENTIFICATION CONSTRUCTION RIGHT-OF- FUNDZNG
PHASE NUMBER IMPROVEMENT COST NAY COST SOURCE
1M 36,500 (g)
IN 229,400 80,O00(e) (E)
lO
2
3
At G£and/I~er intersection
make signal modification and
restripe
Northbound Main right turn
lane at MacArtbur
Project entrance between
oEf-tamp and Sutton Centre
Subtotal 2t4~7,600
2Al Modify MacArthur off-ramp $ 341,450 (f)
at MacArthur
2A2 Modify traffic signal at 52,100 (f)
MacArthur and SR 55
ramp
2B Project'entrance at 78,100 (f)
Hutton Centre
2C Project entrance at 26't000 (f)
M~ple
2D Hiden MacArthur (project 711,600 (f)
site only)
2E Modify traffic signal at
Mutton Centre and MacActhur 36t450
Subtotal 1,245,700
3~ Alton'overccossing (by (4,500,000)(c) (g)(l)
others) equally
3S1 Halladay widening between 1~616,200 894,260(d) (E)
Columbine and Alton
3B2 Traffic signal at Ralladay 104,200 (f)
and Alton
STREET INPROVENENT$~ Cont.
IDENTIFICATION CONSTRUCTION RIGHT-OF- FUNDING
PHASE NUMBER IMPROVEMENT COST WA~ COST SOURCE
3C Widen Main between Columbine 3,000,000 (f)
and Wa=ner (by others)
30 Widen D~er Road (south aide) 800,000
between Rallada¥ and Main
(by others)
Subtotal
1,720,400
4A McGaw overcrossing $3,514,900 (h)
4B Southbound Main right-turn 182,300 80,000(e) ([)
lane at HacA~thu~
4C1 Ealladay widening between 1,076,700 654,140
Alton and D~er equally
4C2 Traffic signal at Eallada¥ 104,200
and Dyer equally
5A Maple widening between 619,000 246,000
Columbine and Alton
5B Northbound SR 55 off-ramp 104,200 (g)
to NacArthur Boulevard
Subtotal 732,200
TOTAL $ 10t995,000 2,047t400
SOURCE~ IWA Engineers~ see Appendix
NOTE~ Refer to page 11-~3 for additional detai! concerning funding of these improvements.
NOTE= Costs include 15 percent for contingency and 20 percent
~o~ eflgineerlng administration and construction management.
NOTES~
STREET IMPROVEMENTS,, Cont.
(a) Costs are calculated in 1987 dollars.
(b) Refer to Figure 6 for project location.
(c) Construction projects by others. Costs not included in phase subtotal costs.
Projects are area-~ide mitigation measures and are not part of this project. The City
intends that these projects be completed about the time the third phase street
improvements are completed but these additional projects are not mitigation measures
for the MacArthur Place project.
(d) Does not include building acquisition and subsequent demolition for road improvements.
(e) Does not include acquiring all of 9as station property at corner.
(£) Hello-Roes District.
(g) City Transportation Fee.
(h) Developer/Applicant.
(i) Others.
bgs-l.$