HomeMy WebLinkAboutNS-2042 - Approving a Development Agreement Between City of Santa Ana Bentall Development Company Pertaining to Property ...ORDINANCE NO. NS-2042
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11/27/89
AN ORDINANCE OF THE CITY OF SANTA ANA
APPROVING A DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF SANTA ANA AND BENTALL
DEVELOPMENT COMPANY PERTAINING TO PROP-
ERTY LOCATED AT 1501-1551 NORTH TUSTIN
AVENUE.
WHEREAS, Bentall Development Company has requested to
enter into a Development Agreement in the form set forth in
Exhibit ~, attached hereto and incorporated herein, with the
City of Santa Ana, in accordance with sections 65864-65869.5 of
the Government Code of the State of California, for the develop-
ment of property located at 1501-1551 North Tustin Avenue; and
WHEREAS, the Planning Commission of the City of Santa
Ana held a duly noticed public hearing on the Development Agree-
ment, 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
Development Agreement; and
WHEREAS, prior to taking action on this ordinance, the
City Council of the City of Santa Ana reviewed and considered the
information contained in that certain "Bentall office Complex
Environmental Impact Report" pertaining to the development of
the abovesaid property in accordance with the Development Agree-
ment, and has certified said environmental impact report as
having been prepared in accordance with the California Environ-
mental findings regarding the Bentall Centre project; and
WHEREAS, this Council, prior to taking action on this
ordinance, has held a duly noticed public hearing, on the said
Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
ANA DOES ORDAIN AS FOLLOWS:
1. That certain Development Agreement between the City
of Santa Ana and Bentall Development Company, in the form set
forth in Exhibit A, attached hereto and incorporated herein, is
hereby found to be consistent with the General Plan of the City
of Santa Ana and is hereby approved, and the Mayor is authorized
to execute said Agreement on behalf of the City of Santa Ana
following its execution by Bentall Development Company, and the
Clerk of the Council to attest to the same.
388
ORDINANCE NO. NS- 2042
PAGE TWO
2. 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 "effective date" means the
date thirty days after the date of this ordinance.
ADOPTED this 20th day of
December , 1989.
ATTEST:
~/_~ice C. Cuy - / /~/
Clerk of the Councii~ --
'D'"~nlel H. QYo~ng
Mayor
COUNCILMEMBERS:
Young Ah~mnt
Acosta Aye
Griset
May ~
Y
McGuigan Aye
Norton Aye
Pulido A.ye
APPROVED AS TO FORM:
Edwaf'd~_~oper
City Attorney
LExEMPT
C17
90-1508ZT
RECORDING REQUESTED BY
WHEN RECORDED ~:
>~Clerk of the Council
city of Santa Ana
20 civic Center Plaza
Santa Ana, CA 92701
RECORDED IN oFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
1 27_'90
(Above Space for Recorder's Use Only)
DEVELOPMENT AGREEMENT
FOR BENTALL EXECUTIVE CENTRE
THIS DEVELOPMENT AG~EEMEN~ ("Development agr~%me~t" )
is made and entered into thls~day of~_. _, 19~, Dy
and between the CITY OF SANTA ANA, a municipal corporation
organized and existing under the laws of the State of
California ("city"), and BENTALL/WESTMINSTER PARTNERS, a
California general partnership (,,Developer").
RECITALS:
A. California Government Code §§ 65864 et seq.
provide that the legislative body of a city may enter into a
development agreement with persons having legal or equitable
interests in real property for the development of real
property in order to, among other things: (i) vest certain
rights in the developer; (ii) provide certainty in the
approval of development projects in order to avoid the waste
of resources; (iii) encourage investment in and commitment to
comprehensive planning which will make maximum efficient
utilization of resources at the least economic cost to the
public; (iv) strengthen the public planning process and
encourage private participation in comprehensive planning;
and (v) reduce the economic costs of development by providing
assurance to the developer that the developer may proceed
with its projects in accordance with existing policies,
rules, and regulations subject to conditions of approval.
B. 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 the city
pursuant to California Government Code Sections 65864-
65869.5, and pursuant to said Resolution for approval of the
Development Agreement set forth herein.
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C. The City desires to enter into this Development
Agreement with Developer in order to facilitate the
development of certain property (the "Property") known as
"Bentall Executive Center" (the ,,Development"), more fully
described in Exhibit A and shown on the map set forth on
Exhibit B, both attached hereto, such development shall be
in accordance with the (i) Plan of Development for the
Property.as set forth in Exhibit C attached hereto and
incorporated herein by this reference (the "Plan") and (ii)
Existing Development Regulations (as defined below). 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 the 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, the Plan, and the
Existing Development Regulations. In connection with its
approval of the Development, a Final Environmental Impact
Report ("EIR") was prepared and certified by the city Council
on Dec. 4 , ~989.
D. Development of the Property 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
public 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.
E. As permitted by law, the City and 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.
F. 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.
G. The city, by electing to enter into contractual
agreements such as this one, acknowledges that the
obligations of the 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 Development
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A-~-ement ~a.l~ limit the future exercise of.certain
governs, entailed proprietary powers of the ~lty. By.
approving this D~velopmen~gr~nt, 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
undergone 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. The 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.
H. The mutual undertakings, assurances, and
covenants provided for in this Development Agreement provide
public benefits to the city and its residents, including the
promotion of comprehensive planning, private and public
cooperation and participation in the provision of public
benefits, the increase in the city tax revenues from the
Development, and the effective and efficient development of
public facilities and infrastructure supporting the
Development which was contemplated and promoted by Government
Code §§ 65864 et seq.
I. This Development Agreement will promote and
encourage the development of the Property by providing
Developer and its creditors with a greater degree of
certainty of 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 Developer hereunder constitute sufficient consideration to
support the covenants and agreements Of the city and
Developer. By entering into this Development Agreement, the
city desires to vest in Developer, to the fullest extent
possible under the law, all possible development entitlements
in order to complete the Development.
J. The city Planning Commission and the city
Council have found and determined that this Development
Agreement: (i) is consistent with the city's general plan
and all specific plans as of the date of this DeVelopment
Agreement (as referenced in Government code §§ 65450 e_~t seq.)
applicable to the Development; (ii) is in the best interest
of the health, safety, and general welfare of the city, its
residents, and the public; (iii) is entered into pursuant to
and constitutes a present exercise of the city's police
power; and (iv) is entered into pursuant to and in compliance
with the requirements of Government code § 65867, the city
OC22\~P50\rk~>ent Z. egt
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Development Agreement Resolution No. 82-92; and the city
Council has adopted an ordinance authorizing the execution of
this Development Agreement.
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:
1. Bindina Effect of Development Aareement. The
Development Agreement pertains to the Property as described
in Exhibit A. The burdens of the Development Agreement are
binding upon, and the benefits of 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. The assurances provided to Developer in this
Development Agreement are provided pursuant to and as
contemplated by Government Code S§ 65864 et seq., and in
consideration for the undertakings of Developer as set forth
in this Development Agreement, and are intended by the city
to be and have been relied upon by Developer to its detriment
in undertaking the obligations and covenants provided in this
Development Agreement and in expending monies and making
improvements pursuant to this Development Agreement. The
parties agree that the consideration to be received by the
city pursuant to this Development Agreement and the rights
secured to Developer hereunder constitute sufficient
consideration to support the covenants and agreements of the
city and Developer.
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 of the other for any purposes
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 as a
condition to development of the Property during the Term (as
herein defined), except as part of the conditions imposed in
connection with the approval of the site development plan for
the Plan or as otherwise agreed to in writing by the city and
Developer. Nothing herein shall be construed to limit the
City's powers of eminent domain.
4. Term.
(a) The term ("Term") of this Development
Agreement is ten (10) years from the date of execution,
subject to earlier termination as hereinafter provided.
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0C22 \~50\r kb\bent 2. ag t
388.5
(b) ~Pursuant to Section 66452.6(a) of the
California subdivisionMapA~t~, any tentative subdivision
Map approved for the Property shall also be extended for a
period equal to the period this Agreement remains in
effect~
5. Development Standards. In connection with
development of the Property by Developer, the city hereby
agrees that the permitted uses of the Property, density of
use, intensity of use, maximum height and size of proposed
buildings shall be those set forth specifically in the Plan,
attached hereto as Exhibit C.
6. Processina 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 in accordance
with this Development Agreement. It is understood by the
parties to this Development Agreement that pursuant to
existing law, development review approvals shall not remain
valid for the terms of this Development Agreement, but only
for the term of such development review approvals.
Accordingly, 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 Plan and Existing Development
Regulations.
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 hereof; provided,
however, no such review shall authorize or permit the 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 Development Agreement, and it is
hereby further provided 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 Plan. It is further
agreed that the 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. UtilitCa acit . It is hereby agreed that the
city will not undertake any act or neglect to perform any act
or duty which would impair or inhibit Developer's receipt of
5 11120/89
OC22\~PSO\rkb\bent2.agt
water or sewer service subject only to the payment of fees
therefor by Developer. The City hereby represents that it
currently has sufficient water and sanitary sewage capacity
for the entire development of the Property. Nothing herein
shall be construed to limit the City's ability to impose
reasonable conditions on future discretionary approvals which
require Developer to install water and sewer lines and
appurtenances servicing the Property.
9. Assianment. 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 the city.
10. periodic Review of Compliance. In accordance
with Government Code Section 65865.1, the city Council shall
review this Development Agreement at least once each calendar
year hereafter. At such periodic reviews, Developer must
demonstrate its good faith compliance with the terms of this
Development 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 Development
Agreement if the city is not entitled by the terms and
provisions of this Development Agreement to terminate this
Development Agreement.
ll. Amendment or Cancellation. This Development
Agreement may be amended or cancelled in whole or in part
only by mutual consent of the parties and in the manner
provided in Government Code Sections 65868, 65867 and
65867.5.
12. Vestina of Development Riahts.
(a) General Statement. As a material
inducement to Developer and its lenders to continue 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 Plan, to be deemed vested in
developer, as of the date of this Development Agreement,
to the greatest extent permitted by law, and to be free of
all discretionary rights of the city or any body or agency
thereof, except as herein provided, to impose any
subsequent building moratoriums or restrictions on
development which are inconsistent with this Development
Agreement.
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(b) Existin~ Rules to Govern. In accordance
with the terms~6~ Government code S 65866, the City and
Developer agree~hat theor~inazlces, rules, regulations
and official policies of the city (collectively, the
"Existing Development Regulations") in effect as of the
dateof this DevelOpment Agreement, governing the design,
density, permitted land uses, improvement, and
construction standards applicable to the Development shall
govern during the Term of this Development Agreement. For
ease of reference only, a copy of a portion of the
ExistiDg Development Regulations is set forth in Exhibit D
attached hereto. Except as otherwise provided in this
Development Agreement, no amendment to, revision of, or
addition 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 by 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 Development
~. As used herein, "Existing Development
Regulations" shall not include municipal laws and
regulations which do not conflict with Developer's vested
rights to develop and use the Property in accordance with
the Plan. Developer and its successors and assigns and
all persons and entities in occupation of any portion of
the Property shall comply with such non-conflicting laws
and regulations as may from time to time be enacted or
amended hereafter. Specifically, but without limitation
on the foregoing, such non-conflicting laws and
regulations include the following:
(i) Taxes, assessments, fees and charges;
(ii) Building, electrical, mechanical, fire
and similar codes based upon uniform codes
incorporated by reference into the Santa Aha
Municipal Code;
(iii) Laws, including zoning code
provisions, which regulate the manner in which
business activities may be conducted or which
prohibit any particular type of business activity on
a city-wide basis; and
(iv) Procedural rules.
(d) Subseo~ent "Slow/No Growth" Measures.
Consistent with (a) and (b), above, the city and Developer
~\~O\r~\l~t2. egt
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specifically agree that any subsequently enacted
initiatives, referendums, or amendments to the City's
General Plan and/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 Development
Agreement.
13. Environmental Compliance.
(a) EIR Processina Completed. Developer hereby
acknowledges that the Development shall be subject to the
mitigation measures set forth in the EIR and identified in
~hereto. To the extent that Developer develops
the Development,~Developer hereby agrees to implement the
various mitigation measures required to be implemented by
Developer as specified in ~.
It is understood and agreed that the costs
of any 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 Development Agreement
or as otherwise stated in the EIR, and subject to such
reimbursements to Developer as may hereafter be agreed to
by the city.
(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
8 1112o189
systems or expansion of existing infrastructure
systems may be delayed, modified or abandoned;
. ''~' . 11) The types, intensities, and amount of
future regional development may exceed or otherwise
be different from that currently being planned by the
City and other local agencies; and
(iii) Regional and Development generated
demands on infrastructure and utility improvements to
be constructed as a part of the Development may
exceed in either the short run or the long run the
allocated capacities for such demands.
After assessing 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 impacts 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. E foment. Unless amended or cancelled as
provided in Paragraph 11, this Development Agreement shall
continue to be enforceable by any party to it,
notwithstanding a change in general or specific plans,
zoning, subdivision, building or other regulations adopted by
the city which alter or amend the rules, regulations or
policies applicable to the Development.
15. SuDersession of Aqreement by ChanGes in State or
~. 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 provision 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
~C22\~rU~Voent2. ag t 9 11/g0/89
such regulation or policy as 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 a reasonable attempt to
take such action necessary to protect and preserve the
validity and enforceability of this Development Agreement,
including modification or suspension of this Development
Agreement, only if such action would be ultimately
necessary to comply with such Federal or State law or
regulation and at the same time would protect and preserve
the Development Plan contemplated by this Development
Agreement. 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 action which is required by such
Federal or State law or regulation.
16. Enforced Delay and Extension of Times of
Performance. 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 but 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 as
mutually agreed upon, which period shall commence to run from
the time of commencement of cause.
17. 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, certified mail, postage prepaid,
addressed to:
City:
city of Santa Aha
20 civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Attn: city Manager
Developer:
Bentall Development Company
3111 North Tustin Avenue, suite 150
Orange, California 92665
Attn: Michael Browning
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Notice of change of address shall be delivered in the same
manner as any other notice provided herein, and shall be
effective three '4a~s after mailing by the above-described
procedure.
18. Breach and Remedies. Notwithstanding any
provision of this Development Agreement to the contrary,
Developer shall not be deemed to be in default under this
Development Agreement, and the City may not terminate
Developer's rights under this Development 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 default,~
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 Development Agreement. In the
event of a default by either party which is not cured within
the time prescribed hereinabove, the non-defaulting party may
undertake one or more of the following remedfes:
(a) Terminate this Development Agreement by
written notice stating the grounds for such action; or
(b) Institute an action for specific
performance of this Development Agreement, it being
expressly agreed that, in the event of a breach of this
Development Agreement, irreparable harm is likely to occur
to the non-breaching party and damages are not an
available remedy. In no event shall either party to
entitled to damages against the other party based upon the
other party's default under this Development Agreement.
19. EStODDel Certificate. Either party may, at any
time, and from time to time, deliver written notice to the
other party requesting such party to certify in writing that,
to the knowledge of the certifying party, (i) this
Development Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Development
Agreement has not been amended or modified either orally or
in writing, and if so amended, identifying the amendments,
and (iii) the requesting party is not in default in the
performance of its obligations under this Development
Agreement, or if in default, to describe therein the nature
and amount of any such defaults. The party receiving a
request hereunder shall execute and return such certificate
within thirty days following the receipt thereof. The city
acknowledges that a certificate hereunder may be relied upon
by transferees and mortgagees of Developer.
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11 11/:~0/89
20. Entire A reement. This Development Agreement
and the exhibits 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 with herein or
the duties of any party in relation thereto, not expressly
set forth in this Development Agreement, is null and void.
21. Recordation of Aareement. This Development
Agreement and any amendment and cancellation hereof shall be
recorded in the official Records of the County of Orange by
the Clerk of the City within the period required by Section
65868.5 of the Government Code.
22. ~. 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
unenforoeable, 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 law.
23. Section Headin s. Ail section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Development
Agreement.
24. 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.
25. Time of Essence. Time is of the essence in the
performance of the provisions of this Development Agreement
as to which time is an element.
26. Date. This Development Agreement shall be dated
as of the date of adoption of an ordinance of the city
approving this Development Agreement, it being understood
that such an ordinance shall not have been submitted to the
city Council for adoption until after the execution of this
Development Agreement by Developer. This Development
Agreement shall become effective on the date said ordinance
becomes effective.
O(:22\WPSO\rkb\bent2, agt 1 2 11/~0/89
State of California } ss. ~
County of Orange
~/.~,W..~_, help,re-me ' , Clerk of the
~l! 'or~ i DePUtY Clerk of the
.~)unotl of l~e...Ctly Pf Santa Ana pemonally appeared
~. U · , personally known to me (or
proved to me on the basis of eattsfiu;ffory evidence)
to be the person who executed thee instrument as
of the City of Santa Aha and acknowledged to me that
the City of Santa Aha executed It. ~~::::~'
State of California }
CountY of Orange ss.
year ~'~u , before me
. Clerk of
Council or.. W- D. ~l~kl~ ~,. . Deputy Clerk of the -
Council of the . '7~ Santa Aha personally
~ appeared
perapnally known to me (o~
proved to me on the basis of satlefkcto~ evidence) /
to be the per°on who executed this Instrument as^
of the City of Santa Aha and acknowledged to me tha4~[/' ~ '
the CitY of Santa Ana executed It. ~
IN WITNESS WHEREOF, the undersigned have executed
this Development Agreement as of the day and year first above
written.
"city"
corporation
ATTEST:
Clerk - / ~--~
APPROVED AS TO FORM:
cif
~Mana(
CITY OF SANTA ANA, a municipal
"Developer" BENTALL/WESTMINSTERT PARTNERS
By: Bentall/~r .operties, Inc.
Its: Ma/haling General Partner
OC22\~PSO\rkb\bent 2 .agt
13
11/20/89
STATE OF CALiFoRNIA )
)
COUNTY OF ORA,-,~,~
On this 9th day of March , 1990, before me,
a Notary Public-in and for said State, personally appeared
James J. Warshawski , personally known to me (or
proved to me on the basis of satisfactory evidence) and
Charles A. Wriqht , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as Vice-President
and Controller , respectively, on behalf of Bentall
Properties Inc. , a California 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 the managing general partner of
Bentall/Westminster Partners , a California general
partnership, the general partnership that executed the within
instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership
executed the same.
WITNESS my hand and official seal.
Bonnie Louise Hall
Notary Public
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
ALL THAT REAL PROPERTY, BEING THAT PORTION OF LOT 5 OF THE FELIPE
YORBA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER HAP RECORDED IN 8OOK 4, PAGE 206 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 0° 54' 38"
WEST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF367.96 FEET
TO THE NORTHERLY LINE OF THE SOUTHERLY FIVE ACRES OF THE WESTERLY 10
ACRES OF SAID LOT; THENCE, ALONG SAID NORTHERLY LINE, NORTH 88° 50'
01" EAST 565.85 FEET TO THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA.BY DEED RECORDED DECEMBER 3, 1~5~ IN BOOK
4998, PAGE 36 OF OFFICIAL RECORDS, RECORDS OF SAID ORANGE COUNTY;
THENCE, ALONG SAID SOUTHWESTERLY LINE SOUTH 23° 56' 59" EAST 66.58
FEET; THENCE,ALONG THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO ARTHUR 3. LEE, AND WIFE,. RECORDED MAY 7, 1969 IN BOOK 8949,
PAGE ~24 OF OFFICIAL RECORDS, SOUTH 26° 30' 01" EAST 339.20 FEET TO
THE SOUTHERLY LINE OF SAID LOT; THENCE, ALONG SAID SOUTHERLY LINE,
SOUTH 88° 50' 01" WEST 738.42 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B" )
Tract Map ' ,~S, ~7
EXHIBIT C
PLAN'OF DEVELOPMENT
The Property is a 5.13 acre parcel located at Tustin
Avenue, east of the Costa Mesa (55) Freeway and south of
Seventeenth Street in the city of Santa Aha as shown on the
map set forth in Exhibit B of this Development Agreement.
The assessor's parcel n-mbers for the Property are 400-211-
05 and 400-211-04. The Development of the Property will
consist of two phases of Development. Phase I will involve
construction of a 200,000 square foot, ten-story office tower
and a seven level detached parking structure. Phase II will
consist of a 125,000 square foot, six-story office tower with
an addition to the parking structure to accommodate parking
for the Phase II tower. Phase II will also consist of a
free-standing building for restaurant use containing
approximately 10,000 square feet and approximately 2,000
square feet of service and retail uses.
The following standards shall specifically apply to
the development of the Property and are incorporated into
this Plan of Development for the Property:
I. Permitted Uses of the Property: The uses
permitted for the Property shall be professional and business
offices, commercial/retail uses, and restaurant
II. ~Use. The density of use for the
Property shall consist of a total of 325,000 square feet of
commercial office space, a 10,000 square-foot restaurant,
1,235 parking spaces to be located in one 7-level parking
structure, and 2,000 square feet of commercial retail space
to be located within the parking structure.
III. Intensit of Use. The intensity of use for the
property shall be 1.5 of Floor Area Ratio (FAR) (parking
structure not included).
IV. The Maximum Heiuht and size of Proposed
~. The maximum height and size of the builuings to
be constructed in connection with Development of the Property
shall be subject to a height limitation of 200 feet above
ground level, which is defined as the elevation of the top
slab of the first floor on-grade, and a total of 337,000
square feet floor area (parking structure not included).
O(:22\WPSO\r kb\bent 2. ~gt
LU
EXHIBIT "D"
Existing Development Regulations
The General Plan land use designation on the site is
Professional Administrative office (PAO).
In accordance with Zoning Ordinance Amendment No. 89-5, the
project is situated within Professional (P) Zoning District.
Pursuant to the P district standards, the project is within a
height exempt area. Building setbacks will be in accordance
with Section 41-315 for properties abutting nonresidential
purposes. Off-street parking shall be provided in a manner
prescribed in Section 41-318.
By General Plan amendment the allowable FAR shall be 1.5:1.
The development of the property shall be based upon the
Design and Development Standards of the Planning and
Development Services Department, dated May, 1984.
EXHIBIT E
Impact Topic and Impacts
EIR HITIGATION HEASURES
Proiect Impact Summary
Mitigation Measures
Level of I.mpact
After Mitigation
Land Use
· The proiect is not consistent with the City's General Plan
designiation for the site; however, it is compatible with
surrounding commercial land uses.
· Grant the project a General Plan amendment increasing
the allowable FAR from 0.5:1 to 1.5:1.
Not significant
Traffic end Circulation
· The proposed project would generate an additional Q [3492]
average daily trips {AD'r).
[* Of the 12 studied intersections, Tustin Avenue/17th
and Tusti~/4th would operate unacceptably with the proposed
project. Their Levels of Service (LOS) would range from
'E.' to 'F' with the proposed project. All other
studied intersections would operate acceptably
with the proposed proiecL]
· The applicant shall prepare a Transportation Demand Mangemant
(TDM) Program the obiective of which is to maintain a 30 %
employee participotion rate in work communte alternatives.
· As part of the TDM program, the applicant shall construct a bus
turnout on Tustin Avenue in front of the projec site.
· The applicant shall fund the widening of Tustin Avenue on the east
side adjacent to the proposed project site. This would allow for the
construction of a separate right turn lane.
· The applicant shall share funding the installation of eastbound-
westbound dual left turn lanes on 17th Street.
Not Significant
Impact Topic and tmpacts
Traffic and Circulation (cont)
EXHIBIT E
fiR MITIGATION MEASURES
Projectlmpact Summe~ (cont)
Mitigation Measures
· The applicant shall participate in the widening o! 17th Street at
Tustin Avenue to provide for dual eastbound-westbound left turn
lanes.
· The applicant shall participate in signal modifications at the
Tustinl17th Street intersection,
· The applicant shall install s traffic signal on Tustin Avenue at the
project driveway.
Level~'o! Impact
After Mitigation
· The applicant shall provide a loading area and trash enclosure
between the parking structure and the restaurant to serve the
restaruant's trash and truck service needs.
· The applicant shall widen the proposed ddveway entrance to
provide two adequate width entrance lanes to accommodate the
southbound left turn movements the two existing lanes.
· The applicant shall restripe Tustin Avenue to accommodate
dual left rum lanes southbound into the project driveway
and install a median in Tustin Avenue to the satisfaction of the City
Public Works Department.
EXHI~.T E
EIR HITIGATION HEASURES
Project Impact Summary (cont)
Impact Topic and ImpaCtS
Mitigation Measures
Air Quality
· Proiect implementation would generate increase dust levels in
the site vicinity as a resutt of demolition and grading activities.
-The following measures shall be implemented in order to reduce ,
emissions generated by grading and construction on the proieCt site:
· A watering plan should be initiated for each grading phase such
that a crust can be formed on the ground surface to reduce th,e,'
amount ot generated fugitive dust.
· Construction roads shall be paved where appropriate.
· All grading activities shall be ceased during periods of high wind
(i.e., greater than 30 mph).
[o The ~pplicant shall comply with all requirements of SCAQMD Rule
1403 and shall obtain all necessary permits which pertain to it.]
Level o4 impact
After Mitigation
Not Significant
· in addition, construction activity would generste emissions
directly Irom the use of heavy equipment on the site.
· Oper~,tion ~f the proposed proiect would generate the following
long-term increases in air emissions: CO by 0.1642 tons per
year (tpy); NOx by 0.0495 tpy; SOx by 0.0032 tpy; TSP by
0.0087 tpy; and ROG by 0.0129 tpy. All are below standards.
· The proposed project is not consistent with the regional jobs
balance as projected by $CAG and,therefore, is not consistent with
the AQMP.
· Construction equipment shall be fitted with the most modem
emission control devices and be kept in proper tune.
-The following measures shall be implemented where appropriate
in order to reduce emissions generated by project operation-related
motor vehicles.
Not Significant
Not Significant
Signific;znt
Impact Topic .and Impacts
Air Quality (Continued)
EXHIb ~.T E
EIR MITIGATION MEASURES
ProJoct Impact Summary (cont)
Mitigalion Measures
. A Transportation Systems Management (TSM) Plan (or the
proposed proiecl shall be developed by the applicant.
. Bicycle racks shall be constructed on-site lot use by employees
and palrons.
. Improved transit lacilities on the project site
shall be construcled by the applicant. Such
facililies shall include covered and lighted bus stops with turnout bays
. Safe pedeslrian walks between buildings and
bus stops shall be constructed on.site by the applicant to encourage
Iransil use.
. Transportalion improvements such as road widening, signal
synchronization, intersect[on widenings, etc. shall be
conslructed by Ihe appicant as required by the City ol aanla Aha.
. CarNan pooling program shall be implemenled Ihrough
employment of a permanenl on-sile pooling coordinalor
. Preferred parking shall be provided in the parking
slruclure lot those who use Ihe pooling program.
Signage to thai allect shall be Inslalled and maintained
by the al3plicant.
Level of Impacl
Alle~ Mitigation
MITIGATION MEASURES
Impact Topic and impacts
Project Impact Summary (cent)
Mitigation Measures
Level o[ Impact
Alter Mttlgallon
Utilities
.Water
, Prelect Implementation would increase waist consumption by
28,,524 gallons per peak hour. Available supply is est[maled
at 109,200 gallons per peaX hour.
· The following mitlgalion measures are recommended in order lo ~ Not Signilican[
reduce this project's demand lot water, .r~
· The applicant shall insulate hot water lines in water
recirculatlng systems
· The applicant shall Instalt Iow water use laucets in all slructures
· The applicant shall install tow-flush toilets In ail structures
· The applicant shall ensure that all drinking Iountains
o0.stte are fitted with sell.closing valves.
· The applica, nt shall Incorporate drip. Irrigation syslems
on-site for landscape watering where appropriate and Iow
waist consuming vegetation shall be used on.site where
possible. In addition all sprinklering devices shall be
Io reduce waist wasle. The landscape Irrigation system
,.halt bo tfanslered ~o a rectaimed water syslem when it
becomes available
, Tho applicant shall ensure that the water system has
adequate pressure lot lire protection purposes.
EXHI~,~ r E
EIR HITIGATION I~EASURES
Project Impact Summary (cent)
Impact Topic and Impacts
· Water (Continued)
.Wastewater
. The proposed project would increase by 43,333 gpd the amount
et wastewater that would be transmllted lo, and Irealed by,
the Orange Count/Sanitation Dislrict No, 7.
Mitigalion Measures
, Non.water using methods el cleaning and maintenance
shall be used on the site,.(Recommended as Part el this
, The applicant shall contribute to the OCSD's Connection Fee lund
at a rate o! $300.00 per 1,000 square last of commercial
development space.
, The applicanl shall work with Ihs OCSD Io Identily
possible on-stir melhods el reducing Ihs load atranglh el
proJecl-generated wastewater, .(Recommended as parl el
this EIR)
Level o~I impact
Allot Mitlgallon
Not Signilicant
· Storm Drainage
. Project site grading and construction could Increase the amounl
of on.sJle erosion which could result in increased sediment in
storm drains,
· The (ollowlng measures are proposed In order to reduce the
magnitude el short.term conslruclion-relaled Impacts Io Cily
storm drainage facilities,
· Oudng Ihs grading and conslruction period, the applicanl shall
place sandbags around Ihs site perimeter to prevent sediment.filled
runolf Item being deposited in City storm drains.
Not Significant
EXHI~.'f E
EIR MITIGATION MEASURES
Project Impact Summary (cent)
tmpact ?optc and Impacts
· Storm Drainage (Continued)
, Operation gl the proposed prelect is expected to increase
the amounl gl $11e runoll by a negligible amount (2.86 cls).
Mitigation Measures
· Should any proiecl.genoraled sediment be deposited in Cily
storm drains, the applicant shall lurid any required clean-up to
the mutual satistaction gl the City and the applicant.
. Exposed soits shall be covered with soil binding mateial
(such as burlap and/or last growing grasses) as soon as possible
Io prevent soil erosion during storms.
· The Ioliowlng measures should be implemenled in order to reduce
the potential lot impacts during project operation.
· The applicant shall prepare a storm drainaQe plan and submit
it to the City Engineer lot review and approval. Such a
plan shall Identily the location and specilicalions gl
proposed drainage facililies.
· Parking area mainlenance and sweeping shall be conducted
regularly (without the use of water) to reduce the amount gl
pollutants entering the City drainage system.
Levol ol Impacl
Allot Mitlo~tlon
Nol Significanl
Impact Topic and Impacts
EIR HITIGATION MEASUR~-S
Project Impact Summary (cont)
Mitigation Measures
Leve~' of impact
After Mitigation
-Solid Waste
· Demolition of existing site structures would result in a short-
term increase in the amount of solid waste that would be
generated on-site,
· Operation of the proposed project would result in a long-term
increase in the amount of solid waste that would be generated
on the project site. Specifically, an additionsl 14,341,800 lbs
per year would be disposed of at Bee Canyon Landfill.
Public Services
-Fire Protection
· Construction of the proposed project would significantly impact
the 'City Fire Department as increased demands would be placed
on Fire Department inspectors [and Plan Checkers].
· None required.
· Trash separation and recycling programs shall be encouraged
on-site to decrease the amount of solid waste that would be
generated by the proposed projecL - (Recommended as Part
of this EIR.
· Prior to disposing of construction debris that would be
generated by removal of existing site structure, it shall be
checked to the satisfaction of the City for the presence of asbestos.
· Fair share funding shall be provided by this applicant for the
provision of additional personnel to enhance the Fire Departments
ability to provide plan check and site inspection services,
· [As an option to the above,] the applicant ~ [could] employ, [or
provide the City with funds for,] an on-site Deputy Fire Inspector
for all required fire inspections during construction [and could fund
a Fire Department Plan Checker,
Not Significant
Not Significanl
Not Significant
EXHI~.. £ E
EIR MITIGATION MEASURES
Impact Topic and impacts
-Fire Protection (Continued)
Project Impact Summary (oont)
Mitigation Measures
· Emergency access shall be provided to all portions of the site
[ ] [pdor to the start of combustible[ construction.
Level of Impact
After Mitigation
· Operation of the proposed project would increase demands
on the Fire Department through a likely increase in emergency
responses.
· Construction and operation of two high-rise buildings would
create potential hazards because the Firs Department does not
maintain the desired amount of high-rise equipment.
· Fire hydrants shall be in operating order [ ] [prior to the start
of combustible[ construction. [ ]
~'-~N ot Significant
-The following mitigation measures are proposed in order to reduce
the magnitude of operation-related impacts to an insignificant level.
· The traffic section of the EIR lists several mitigation
measures designed to improve traffic levels at the 17th Street/
Tusfin Avenue intersection to a level of acceptibility. Those
measurss ars applicable in order to improve Fire Oepartment
access to this and other sites.
Not Significant
· At the time such a program is operational, fair share funding
shall be provided by this applicant for the provision of
additional [personnel and] equipment/facilities in order to enhance the
Fire Departments ability to [inspect the site and ] fight high-riss fires.
· [As an option,] the applicant Q [could] provide funding to the Fire
Department for provisions of a site inspector. Specifically, the applicant
Q [could] reimburse the City for eight (8) mandays (three for
each office tower and two for the other site uses) when
the proiect is granted a certificate of occupancy and annually
thereafter.
Impact Topic and impacts
-Fire Protection (Continued}
EXHIBtT E
EIR MITIGATION MEASURES
Project Impact Summa~ (cont)
Mitigation Measures
All on-site structures, including the parking structure, shall
be fitted with automatic sprinklering systems. In addition, the
office towers shall be fitted with elevatior recall systems,
smoke evacuation systems, fire detection systems, pressurized
stair wells, zoned alarm systems, phones in stain~ells and
elevators and roof water reservoirs with 4,500 gallon capacities
and other measures as required by City of Santa Aha Municipal Code
14-30.
· The applicant shall be required to show to the satisfaction
of the Fire Department that the project would not require
fire flows in excess of supply (4,427 gpm).
· The applicant shall provide the Fire Department with
150-foot clear access to all site structures.
Level of Impact
After Mitigation
Police Protection
· Project construction and operation would increase the
frequency of calls athe Police Department would be required
to respond to.
· The applicant shall provide an on-site security system
for the office towers and the parking structure that includes
alarms and other communication devices.
The Police Department has indicated that one on-site private
security officer may be required to patrol the pan~ing structure
and one officer may be required to patrol the remaining buildings.
The specifics of such measures shall be approved by the City
Police Department prior to the granting of final occupancy permits.
Not Significant
~I~ ~ITIGATION ~ASU~S
Impact Topic end Impacts
Police Protection (cent)
Project Impact Summery (cent)
Mitigation Measures
. Other security measures (i.e,, Iighling, gates, elc.) shall be
implomenled as outlined in Ihe City's Building Securily Ordinance
Manual.
Lev,~l el Impact
Alter Mltlg a ti'on
Impact Topic and tmpacfs
EXHIBIT ~
EIE HITI6ATION N~ASUEES
CumulaHve Impact Summary
~itigalion
Level ol Impact
Al~or Mil~g~don
Land Uae
, Project Implementation would contribule Io the lunhor
conversion Of underdeveloped land in the Courtly to a
developed stale.
Traffic end Circulation
, Cumulative traffic volumes will reduce Ihe LOS at the Tustin
Avenue/17th Street intersection to 'F' during the a.m. and p.m.
peak hours. Other studied Intersections would conlinue to operale
acceptably,
Air Quality
, The Implementation o! the cumulative
projects would contribute to shod.term padiculale
levels during conslruction and would increase Iha
long larm amount O! pollutants.
, No moasuros are roquirod.
· The applicant shall conlribute fair.share lunding to the
following:
, The applicant shall prepare a TDM plan for the City and
shall parlicipate in such a program wilh other employers in
Ihs area,
· Al 17th and Tusfin, provide dual left lurn lanes, three through
lanes and separate right turn lanes on each approach to Ihs
intersection.
· Inslallalion of a median in Tuslin Avenue belween the project
driveway and 17th Street,
· No mitigation measures are reasonably feasible Io mitigate
this projects cumulative impact of Irallic.
Nol Signiflcanl
Signilicanl
Significant
EXHIBIT E
EIR MITIGATION MEASURES
Impact Topic and ~mpacts
Cumulative Impact Summary (cent)
Mitigation Measures
Level ~! Impact
Al[er Millga[Ion
Utilities
Water
, Implementation el all cumulative projects would
result in an additional 1,197 million gallon per day
(gpd) of water being consumed: This
Increase In water consumption would result In
approxlmalley 2.8 percent Increase in the
43 million (gpd) the CIly of Santa ^ne presently
distributes 1o residents and busln ess. The
proposed prelect would consume approximatley 6.7
percent of the 1.197 million (gpd) of water
consumed by Ihe cumulative project set,
. No other feasible mitigation measure could be
applied to Ihe proposed protect to reduce its magnitude
el cumulative impact on water Io a level el Insignificance.
Signilicant
Wasteweter
, The Implementallon el the cumulative prelect
set would increase the genarallon o{ waste water.
The total wasleweler genarallon expected
from the cumulative project set Is 938,240 gallons
per day, The proposed prelect would contribule
approxlmalely 6.43 percenl of Iha tolal wastewatar
generated.
, The mitigalion measures already presented would
reduce tho level el proiect generaled cumulalive impacls to
insigniticant level. No additional measures are necessary.
Not Signilicant
Impact Topic and Impacts
EXHIBIT E
EIE HITIGATION HEASUEES
CumulaHvo Impact Summary (con~)
Mitigation Moasures
Levo[ ol Impact
Allot Mitigation
Storm Drainage
, Implementation o[ the cumulalive projects
would be collected in Orange County Flood Conlrol
facllilles. However the vicinity ol Ihs proposed project
site Is largely developed and partially covered with
impervious sudaces, no elgnilioan! increases in storm
drainage Is expected to occur.
Solid Waste
, Implementation ol the cumulative project set would increase
the amount o! solid waste generated In Ihs local area.
The total amount of solid waste expected to be generated
by the cumulative project set la 286 million pounds per year.
The proposed project would contribute approximately
5.8 percent of the total smounl genera[ed.
, Olher than Ihose measures already required
no additional measures ar necessa~7.
. No addillonal measures are required.
No~ Significant
Not Significanl
EXHIBIT E
EIR HITIGATION NEASURES
Impact Topic and Impacts
Public Servlcee
Cumulative Impacl Summary (cent)
Mitigation Measures
Lol~ul el Imp3ct
A[ler Mitigation
Fire Protection
, The construction and operations of the
cumlatlve prelect set would increase demands on
City Fire Deparlment resources. This Is due to Ihe lact
Ihat the number of Inspectors are limited
and ere riel keeping up with Ihe pace o[
developmenL As a result, lime delays are occudng Ihal
ere slowing up the inspection and ultimate
clearance of prelects that have already been
approved by the City. In addition, due to a lack el high
rise related lire fighting equipment end associamd
manpower, the construction of high.rise
building that is occuring Is significantly
Impacting the Fire Oepartmenl's abillly to provide
adequate protection I0 such buildings,
· Other than Ihose measure lisled lot project traffic and lire
proleclion, no additional measures are required,
Not Significant
, Cumulalive development would resull in unavoidably signilicanl
traffic Impacts al the Tuslln Avenuo117 Slroet intersection.
Tho tesulling congeslion would signillcanlly Impacl lh,~ Fire
Oepetlmant as Iheit response limos IO cedain podions el Ihe City
would increase,
. OIher than those measures already lisled which locus on
reducing trallic congestion al Iho Imersecfion, no other measures
are considered Ioasible.
Significanl
Impacl Topic and Impacts
EXhiBIT E
EIR ~ITIG^?IO~ ~EASORES
Cumutetlve Impact Summary (conl)
Mitigalion Measures
Level el Impact
Aller~Mi{Igation
Police Protection
, The Implementalion el the cumulative Proiecls
would creale increase demands el the City Police
Department. However, the increase in demand would
not require a new type of crime lighting capabitily
ysl, ti would require an increase In manpower
and equipment overtime. Such an increase
In demand would be considered adverse, but not
significant.
. Miligalion measures already recommended would
reduce projecl and cumulalive proiect impacts
to a level el insignificance.
Not Significant