HomeMy WebLinkAboutNS-2149 - Approving an Amendment to the Development Agreement Between the City and Xerox Centre Partners
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093
REL: 9/19/91
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ORDINANCE NO. NS- 2149
AN ORDINANCE OF THE CITY OF SANTA ANA
APPROVING AN AMENDMENT TO THE DEVELOP-
MENT AGREEMENT BETWEEN THE CITY OF SANTA
ANA AND XEROX CENTRE PARTNERS (FORMERLY
BIRTCHER XEROX PARTNERS) FOR XEROX
CENTRE i
WHEREAS, the city of Santa Ana entered into that certain
Development Agreement, dated November 11, 1989, with Birtcher Xerox
Partners, pertaining to the development of certain property located
on the east side of the Santa Ana Freeway, between First and Fourth
Streets (the "Development Agreement"); and
WHEREAS, the city and Xerox Centre Partners, formerly Birtcher
Xerox Partners, now desire to amend the Development Agreement in
certain particulars;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
1. That certain "AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF SANTA ANA and XEROX CENTRE PARTNERS (formerly
BIRTCHER XEROX PARTNERS) FOR XEROX CENTRE" (the "Amendment"), a
copy of which is attached hereto as Exhibit A and incorporated
herein by reference, is hereby approved, and the Mayor is
authorized to execute the same on behalf of the city of Santa Ana
following its execution by Xerox Centre Partners.
2. The city council hereby finds and determines that the
provisions of the Development Agreement, as amended by the
Amendment, are consistent with the General Plan of the city of
Santa Ana.
3. The Clerk of the Council is directed to cause a copy of
the executed Amendment to be recorded in the official records of
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ORDINANCE NS-2149
Page 2
,
095
Orange county, California, within ten days following its effective
date.
ADOPTED this 21 st
day of
October
, 199~.
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ATTEST:
~~
Mayor
~,.- ~ $71
n ce C. GUy
Clerk of the council
COUNCILMEMBERS:
,
I
Young
Pulido
Acosta'
Griset
McGuigan
Norton
Richardson
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APPROVED AS TO FORM:
~~
Edward J.C r
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance N$ -;;1/</'1
to be the original ordinance
adopted by the City Council of the City of Santa Ana on
10-,;21-9/
; and that said ordinance was published in
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accordance with the Charter of the city of Santa Ana.
f1- .- 'I-1z /'~r/<'
Clerk of the Counc , Da~e
city of Santa Ana
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EXHIBIT "A"
9/-605262
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF SANTA ANA
POST OFFICE BOX 1988
SANTA ANA, CA 92701
REQORDEO IN OFFICIAL RECORDS
OF OIWIGE COUNTY, CAUFORNIA
.3!~ PM NOV 5 '91
, ~ a'~REOORDER
097
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Pg@$ 3 /" GO,
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Total . $7:Jt) ,>
A.c. Fee O.T,T,
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(Space above this line for Recorder's use only)
AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA ANA
and XEROX CENTRE PARTNERS
(formerly BIRTCHER XEROX PARTNERS)
FOR XEROX CENTRE
Dated:
(Jr.lA ;1-/
,1991
098
REL: 9/20/91
AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA ANA
and XEROX CENTRE PARTNERS
(formerly BIRTCHER XEROX PARTNERS)
FOR XEROX CENTRE
THIS AMENDMENT TO DEVELOPMENT AGR~I1ENT ("Amendment") is
entered into as of this ;J/~ day of O--ZZp1'&!!.__ , 1991 by and
between the CITY OF SANTA ANA, a municipal corporation ("City") and
XEROX CENTRE PARTNERS (formerly Birtcher Xerox Partners), a
California general partnership ("Developer"). ')j,v;V-!.~)
B.lLQl.TAL.Q. :
This Amendment is entered into on the basis of the following
facts, understandings and intentions of the parties:
A. On November 11, 1989 the city and Developer entered into
that certain Development Agreement ("Agreement"), recorded January
4, 1990, as Instrument No. 90-006603 in the Official records of
Orange County, California for the development of certain real
property ("Property") in the City more particularly described in
Exhibit "A" attached hereto and by this reference incorporated
herein.
B. Pursuant to Government Code section 65868 and section
16(a) of the Agreement, the Agreement may be amended in whole or in
part by the mutual consent of the parties in the manner provided
for by California Government Code sections 65867, 65867.5 and
65868.
C. The parties now desire to amend the Agreement to reflect,
among other things, changes in the nature and timing of certain
rights and obligations of the parties under the Agreement and the ~\
contemplated development of the Property. Such development shall
be substantially in accordance with Specific Development Plan No.
54 ("Specific Plan"). The City has given notice of its intention
to adopt this proposed Amendment, 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
Amendment and its purposes are consistent with the objectives,
policies, general land uses and programs specified in the city's
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General Plan and the Specific Plan. The terms and conditions of
this Amendment have been found by the City to be fair, just and
reasonable.
D. The development and use which Developer currently
proposes in connection with the property have been extensively
reviewed and considered by the City and its officers, agencies and
departments, and such proposed development and use have been
modified to accommodate the City's recommendations and suggestions
in order to protect the public's interest and to enhance the
desirability from the public'S perspective of such proposed
development and use.
E. In connection with this Amendment, the city has taken all
steps necessary to achieve compliance with the California
Environmental Quality Act. In this regard, the City has determined
pursuant to California Public Resources Code Section 21166 that the
development of the Property as currently proposed by Developer will
not constitute a substantial change in the Project or the
circumstances under which the Project is undertaken which will
require major revisions to the EIRi accordingly, no subsequent or
supplemental environmental impact report or additional mitigation
measures shall be required by the city.
F. The City, by electing to enter into this Amendment,
acknowledges that the obligations of the city under this Amendment
and the Agreement 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 hereby undertaken
and this Amendment and the Agreement shall limit the future
exercise of certain governmental and proprietary powers of the
city. By approving this Amendment, the City Council has elected to
exercise certain governmental powers at the time of its entering
into this Amendment rather than deferring its actions to some
undetermined future date. Accordingly, the City and Developer
desire to enter into this Amendment in order to vest in Developer
certain development rights pursuant to the terms of this Amendment.
Such development rights are intended to allow for the development
of the Property in accordance with the terms of this Amendment
pursuant to the land use ordinances, rules, regulations and
policies applicable as of the Effective Date of the Agreement,
except as otherwise specified in this Amendment.
r WHEREFORE, in consideration of the foregoing and of their
mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties hereto do hereby
agree as follows:
1. All capitalized terms set forth in this Amendment and not
otherwise defined herein shall have the meanings ascribed to them
in the Agreement.
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2. The City hereby recognizes that Xerox Centre Partners, a
California general partnership, has succeeded to all the rights and
obligations of Birtcher Xerox Partners, a California general
partnership, under the Agreement, and that any reference in the
Agreement to "Developer" shall mean and refer to Xerox Centre
Partners.
3. Recital B of the Agreement is amended by deleting the
parenthetical phrase" (hereinafter the "Tentative Map")" at the end
thereof.
4. The fourth sentence in section 1 (Property and Phasing)
of the Agreement is hereby deleted and the following sentence is
substituted in lieu thereof:
It is currently anticipated that the Property will be
developed in two (2) subsequent phases, sometimes
hereinafter referred to as "Phase II", as depicted on
Exhibit "B" as Parcel 2 and "Phase III", as depicted on
Exhibit "B" as Parcels 3 and 4.
5. section 5 of the Agreement is amended to read as follows:
5. Dedications of Land for Public Purposes. Developer
has dedicated to the city all land required from Developer for
right-of-way purposes for First street, Fourth street, and
Cabrillo Park Drive. Developer shall also grant easements
necessary for City maintenance of traffic signals and similar
public street appurtenances. It is understood and agreed that
no other reservations or dedications of real property by
Developer will be required by the City during the Term with
respect to the Project(s).
6. section 6 of the Agreement is amended to read as follows:
6. Subdivision. Prior to issuance of a building
permit for any development of the Property beyond the Phase I
development, Developer shall obtain City approval of a new
tentative map for a subdivision of the Property in accordance
with the phases described in Section 1 of this Agreement.
Prior to issuance of a certificate of occupancy for any such
new development, a parcel map consistent with such tentative
map shall be recorded with the county of Orange. No condi-
tions shall be imposed by the city on such new tentative map
which are inconsistent with this Agreement. Such tentative
map may, at Developer's option, be a vesting tentative map,
but the filing of a new vesting tentative map shall not affect
the time at which development rights acquired by Developer
pursuant to this Agreement became vested in Developer.
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7. Subsection (b)( l) (Developer I s Obliqations - Cabrillo
Park Drive) of Section 9 (Mitiqation Measures) of the Agreement is
hereby deleted in its entirety and the following is substituted in
lieu thereof:
(l) Cabrillo Park Drive
(i) Cabrillo Park Drive Plans. Developer agrees to
commence immediately and diligently prosecute to
completion the final plans and specifications (the
"Cabrillo Park Drive Plans") for the completion of
Cabrillo Park Drive between First Street and Fourth
Street adjacent to Phase II and Phase III of the
Property.
(ii) Cabrillo Park Drive Improvements. Developer
shall construct at its sole cost and expense the
following improvements to Cabrillo Park Drive (the
"Cabrillo Park Drive Improvements"): sub-base and asphalt
pavement, full sidewalk on the west side, curbs and
gutters on both sides, a landscaped median, street
lighting on both sides, installation of a westbound left-
turn lane, installation of traffic signals at the
southerly and northerly access points on Cabrillo Park
Drive, drainage facilities as required, parkway
landscaping on both sides and necessary signing and
striping. Developer shall also be responsible for
installing in Cabrillo Park Drive laterals with stubheads
for future water and electical service for the
landscaping irrigation on the east side of Cabrillo Park
Drive adjacent to the Kaiser property. The Cabrillo Park
Drive Improvements shall meet but not be required to
exceed published minimum City standards for comparable
arterial streets within the city (for example, the
portion of Cabrillo Park Drive adjacent to Phase I).
city and Developer agree that the City shall use its best
efforts to have Caltrans install traffic signal
improvements at Fourth street and Cabrillo Park Drive in
accordance with ultimate design. Developer shall be
responsible for the cost or the actual installation of
any traffic signal improvements at Cabrillo Park Drive
and Fourth Street not provided by Caltrans. The City
shall work with Caltrans to ensure the timely completion
by Caltrans of all permanent traffic signal improvements
at Cabrillo Park Drive and Fourth street. The City shall
also cooperate with Developer to cause the Sanitation
Districts of orange county to confirm that there is no
need to relocate the sewer line within Cabrillo Park
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Drive. In the event, however, that relocation of such
sewer line is required, such relocation shall be the
responsibility of Developer. In the event it is
. necessary to acquire any additional right-of-way to
complete the extension of Cabrillo Park Drive between
First street and Fourth street, Developer shall not be
responsible for the cost thereof. Developer shall
commence construction of the Cabrillo Park Drive
Improvements wi thin sixty (60) days after Developer's
receipt of permi ts from the ci ty allowing such
construction, and Developer shall complete the Cabrillo
Park Drive Improvements prior to the issuance of a
certificate of occupancy for the first building
constructed on the Property as part of Phase II or Phase
III. Developer shall be responsible for obtaining the
necessary permits from the City and paying the required
plan check and inspection fees in connection with the
construction of the Cabrillo Park Drive Improvements.
The City agrees, upon request of Developer, to cooperate
with Developer to obtain a Cabrillo Park Drive mailing
and street address for all Phases of the project.
8. Subsection (b) (2) (Developer's Obliqations - First street
and Grand Avenue) of section 9 (Mitiqation Measures) of the
Agreement is hereby deleted in its entirety and the following is
substituted in lieu thereof:
(2) First street and Grand Avenue. Developer agrees to
commence immediately and diligently prosecute to
completion the final plans and specifications (the "First
and Grand Plans") and cost estimates for the widening of
the east side of Grand Avenue between First Street and
Fourth street and a westbound right-turn lane at the
intersection of First Street and Grand Avenue
(hereinafter collectively referred to as the "First and
Grand Improvements"). The First and Grand Plans shall be
in substantial accordance with those certain conceptual
street improvement plans for First and Grand, dated
September 13, 1991, prepared by the city of Santa Ana.
After submittal of the First and Grand Plans to the City
and receipt of the City's comments with respect thereto,
Developer shall make final revisions to the First and
Grand Plans based upon the city I s comments. Upon
Developer's completion of such final revisions and
submittal to the city of the original mylars, Developer
shall have fulfilled its obligations hereunder.
9. Subsection (b) (4) (Developer's Obliqations -Transporta-
tion Demand Manaqement Proqram) of section 9 (Mitiqation Measures)
of the Agreement is hereby amended to read as follows:
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(4) Transportation Demanu Manaqement Proqram. The
Developer agrees to comply with the Transportation Demand
Management Program set forth in Exhibit C, attached
,hereto and incorporated herein.
10. Subsection (b) (2) (Developer's ObliQations - Cabrillo
Park Drive) of section 10 (Costs of Mitiqation Measures) is hereby
deleted in its entirety and the following is substituted in lieu
thereof:
(2) Cabrillo Park Drive. Subject to the limitations set
forth in Section 9 (b) (1), Developer shall be obligated to
bear all costs and expenses in connection with the design
and construction of the Cabri1lo Park Drive Improvements.
11. Subsection (b) (3) (Developer's Obliqations - First street
and Grand Avenue) of section 10 (Costs of Mitiqation Measures) of
the Agreement is hereby deleted in its entirety and the following
is substituted in lieu thereof.
Developer agrees to prepare, at its sole cost and
expense, the final plans and specifications and cost
estimates for the First and Grand Improvements.
Developer agrees to contribute Seven Hundred Fifty
Thousand Dollars ($750,000.00) (the "First and Grand
contribution") toward the First and Grand Improvements.
The First and Grand Contribution shall be payable by
Developer upon the earlier of:
(i) The date a certificate of occupancy is issued
for the first building to be constructed on
the Property as part of Phase II or Phase III;
r
(ii) The date which is thirty (30) days after
Developer receives written notice from the
City that the City is ready to advertise for
bids for the construction of the First and
Grand Improvements. Developer's obligation to
pay any portion of the First and Grand
Contribution pursuant to this Subsection (ii)
shall be conditioned upon the City notifying
Developer in writing upon the city being
awarded state or federal funds to construct
the First and Grand Improvements. Should the
ci ty not enter into a construction contract
within 120 days after advertising, City shall
refund the First and Grand Contribution.
(iii) The date which is thirty (30) days after
Developer receives written notice from the
city that (A) the City has opened an escrow to
acquire all or any portion of the right-of-way
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necessary to construct the First and Grand
Improvements, or (B) the City has obtained an
order for prejudgment possession with respect
to all or any portion of said right-of-way.
Developer's obligation to pay any portion of
the First and Grand contribution pursuant to
this Subsection (iii) shall be limited to the
actual costs incurred by the City to acquire
the right-of-way.
Notwithstanding the foregoing, in no event shall
Developer be required to pay any portion of the First and
Grand contribution prior to June 30, 1992. within sixty
(60) days after the date of the City's adoption of an
ordinance approving this Amendment, Developer shall
obtain a bond ("Bond") in the amount of the First and
Grand Contribution in favor of the City to secure
Developer's agreement to pay to the city the First and
Grand contribution in accordance with the terms and
conditions of this section 10(b) (3). Subject to the
limitations provided herein, the City may call the Bond
upon Developer I s failure to pay the Fin,t and Grand
Contribution or any portion thereof on or before the date
which is fifteen (15) days after the city's written
notification to Developer and the bonding company that
such amount is due and payable hereunder; provided,
however, that the city may demand the payment by the
bonding company of only that portion of the First and
Grand Contribution which Developer has failed to pay when
due. The Bond shall provide that it may be modified,
canceled or released only upon the request of the City;
provided, however, that (A) upon Developer's payment of
less than the entire First and Grand contribution, the
City shall execute whatever documents are necessary to
reduce the amount of the Bond to the then unpaid portion
of the First and Grand contribution; and (B) upon
Developer's payment of the entire First and Grand
Contribution, Developer shall be released from any
further obligation with respect to the First and Grand
Improvements, and the City shall execute whatever
documents are necessary to fully exonerate the Bond.
12. That portion (and only that portion) of Subsection (b) (4)
(Developer's Obliaations - Limitations on Development Fees and
Developer Contributions) of section 10 (Costs of Mitiaation
Measures) on page 9 of the Agreement commencing with the words
"Items (i) through (iv), above,. ." is hereby deleted in its
entirety, and the following is substituted in lieu thereof:
",(
Items (i)
COllectively
Contributions."
through (iv), above, are
referred to as the
The city and Developer
hereinafter
"Developer
agree and
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105
acknowledge that the amount of Developer contributions is
based upon a maximum final buildout for Phases II and III
of Five Hundred Twenty Thbusand (520,000) square feet.
The City hereby agrees that if the final square footage
buildout for Phases II and III does not exceed 520,000
square feet, the total of all Development Fees for the
project shall not exceed the amount of the Developer
contributions as calculated herein. If the final square
footage buildout for Phases II and III exceeds 520,000
square feet, Developer shall be required to pay at the
time a certificate of occupancy is issued for such excess
square footage an additional Developer contribution equal
to the amount obtained by mUltiplying the City I s then
existing Transportation system Improvement Fee applicable
to the zone in which the Project is located by the number
of square feet constructed by Developer in Phase II and
III in excess of 520,000 square feet.
13. The addresses provided for Developer in section 21
(Notices) of the Agreement are deleted and the following addresses
are substituted in lieu thereof:
If to Developer:
Xerox Centre Partners
c/o Xerox Realty corporation
800 Long Ridge Road
P. O. Box 1600
Stamford, Connecticut 06904
Attention: Vice President
with a copy to:
Palmieri, Tyler, wiener, wilhelm &
Waldron
2603 Main street
suite 1300 - East Tower
Irvine, California 92714
Attention: Cynthia M. Wolcott
14. Exhibit "A" of the Agreement is hereby superseded and
replaced by the exhibit attached to this Amendment as Exhibit "A."
Exhibit "B" of the Agreement is hereby superseded and replaced by
the map attached to this Amendment as Exhibit liB".
15. Except as modified in this Amendment, all of the terms,
conditions and covenants of the Agreement shall continue in full
force and effect. The City and Developer hereby ratify and confirm
all the terms, conditions and covenants of the Agreement not
otherwise amended herein, including, without limitation,
Developer I s vested right to subdivide and construct works of
improvement upon the Property in compliance with the density,
intensity, height, size, access, parking and other components of
the Specific Plan.
16. This Amendment shall be dated as of the date of adoption
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106
of an ordinance of the City approving this Amendment, it being
understood that such an ordinance shall not have been submitted to
the city Council for adoption until after the execution of this
Amendment by Developer. The effective date of this Amendment shall
be the date on which said ordinance becomes effective.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed as of the day and year set forth above.
Attest:
CITY OF SANTA ANA,
a municipal corporation
By:
"city"
APPROVED AS TO FORM:
~~
City Attorney
City Manager
XEROX CENTRE PARTNERS,
a California general partnership
By:
XEROX REALTY CORP.
(CALIFORNIA) ,
a California corporation,
a general partner
i~,b;
Its
By:
By: XEROX REALTY CORP. WEST,
a California corporation,
a general partner
By: ItS:~
-,
"Developer"
9
107
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 19_, before me,
the undersigned, a Notary Public in and for said state, personally
appeared DANIEL H. YOUNG, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed the within instrument as the Mayor of THE CITY OF SANTA
ANA, a municipal corporation, organized anq existing under the
State of california, the municipal corporation that executed the
within instrument, and acknowledged to me that he executed the
within instrument on behalf of said municipal corporation, and said
municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
NOTARY PUBLIC
Name (typed or printed)
State of California } ~',A'
SS. i-~~,
C .r~"
ounty of Orange .~.,
--rt, I' ~
On this 5' day of'71~ in the
year I 'i fl. be!ore me . Clerk of the
Councilor . , Deputy Clerk of the
Council of the City of Santa a ersonally appeared ~ J.i. ~
a..u( 0;/0.~.... "Z.~perSOnailY known to me (or 0 CJ
proved to me on the basi f satisfactory evidence)
to be the person who executed )hiS instrument as
Of the of Santa Ana and acknowledged to me t at
the City of Santa Ana executed it.
~
vs.~
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108
STATE OF Ca.o.o..c+ic.v..\ )
COUNTY OF FAiR.f'iE.LC) l ss:
On this rX7t'" day of S~felYlbe.fL , 1991, before me, the
undersigned, a Notary Public, personally appearedAI?UN bAGA
crud , known to me or proved to me
on the basis of satisfactory evidence, to be the p/?eSJDeNT
l!l..J of XEROX REALTY CORP.
(CALIFORNIA), the corporation that as a general partner of XEROX
CENTRE PARTNERS executed the within instrument, and acknowledged to
me that such corporation executed the same as a general partner of
XEROX CENTRE PARTNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
If? j(g .
3/31 /9'/
1 /
Commission Expires
11
109
STATE OF e,,A);Oedl~"'+)
. ) ss:
COUNTY OF FAIR.f/E.t..n )
On this .;t 7 t~ day of ~el\<l.loe.({. , 1991, before me, the
undersigned, a Notary Public, personally appeared
A~LtA.) bAt:.A al.a , known to
me or proved to me on the basis of satisfactory evidence, to be
the PI?t:s,.oe.:iT aRd of XRC
REALTY CORP. WEST, the corporation that as a general partner of
XEROX CENTRE PARTNERS executed the within instrument, and
acknowledged to me that such corporation executed the same as a
general partner of XEROX CENTRE PARTNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
My ommission Expire
,~
12
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EXHIBIT "A"
That certain real property in the City of Santa Ana, County of
Orange, state of California, described as follows:
Parcels 1 through 4, inclusive, of Parcel Map No. 88-102 as
shown on a Map recorded in Book 261, pages 37 to 39, inclusive of
Parcel Maps, Records, of Orange County, California.
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112
WiIBIT
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TRANSPORTATION DEMAND
MANAGEMENT
MITIGATION MEASURES
FOR
XEROX CENTRE
Prepared For:
The Planning Center
1300 Dove Street, Suite 100
Newport Beach. CA 92660
Prepared By:
Transportation Management Services
106 South Mentor Avenue, Suite 103
Pasadena. CA !J1106
June. 1989
(Revised August, 1991)
113
l
vi
TRANSPORTATION DEMAND MANAGEMENT
MITIGATION MEASURES FOR XEROX CENTRE
The following Transportation Demand Management (TDM)
measures are bound by conditions included in the Covenants,
and Restrictions (CC&R's) for Xerox Centre,
mitigation
Conditions
1. A Transportation Demand Management (TDM) program(s) shall be
developed for each phase or combinations of phases, This shall
hereinafter be referred to as the Xerox Centre TDM Program(s),
The Xerox Centre TDM Program( s) shall commence with the occupancy
of the next building de,veloped at the project. The Xerox Centre
TDM Program(s) shall be required to adhere to TDM mitigation
measures that are consistent with, and no more burdensome than,
requirements of similar projects under the jurisdiction of. the City
of Santa Ana.
2. The TDM program( s) shall be designed and Implemented to ensure
that traffic generated by each phase of the revised master plan c10es
not exceed the following AM peak hour vehicle trips at the completion
of that particular phase: Phase I only--414; Phases I & II -- 827;
Phase III only -- 257, The numbers of vehicle trips required to
reduce AM peak hour traffic by 15% Il.re identified in the attached
Table 2 from the Traffic Impact AnalysiF< and Site Plan Review by
DKS Associates dated August. 1991. Phase I is bllilt and therefore
the reduction from 487 to 414 AM peak hour trips (Il net reduction of
73) is considered fixed. Inasmuch as Phases II and lor III are not
yet permitted, the actual square footages are subject to change,
Should the gross square footage of these remainin'g phases change in
final design, the TDM threshold values shall be adjusted using the
ITE Trip Generation Rate Data in Table 2,
3. Adherence to the TDM Program( s) will be determined by the
Owner( s) conducting annual traffic counts at the driveways of Xerox
Centre (South Driveway for Phases I and II, and the North Driveway
for Phase III). The AM peak hour shall be defined as the hour
between 6:00 a,m, to 10:00 a,m. during which the highest vehicular
voiumes on the adjacent street system are recorded, Vehicles
entering and leaving project during the AM peak period (I.e" 6:00 to
10: 00 a, m,) will be counted on Tuesday, Wednesday. and Thursday
for two consecutive weeks during the period of January 15 through
May 20 or September 20 through November 20, The average peak
hour total vehicular volume will be calculated and serve as the basis
for the evaluation.
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115
TRANSPORTATION DEMAND MANAGEMENT
MITIGATION MEASURES FOR XEROX CENTRE
Page Two
4, A plan describing start up and first year TDM activities at Xerox
Centre shall be submitted prior to the issuance of any building
permits for the next phase, The plan shall be carried out by an
on-site Commute Transportation Coordinator(s),
5. The Xerox Centre TDM Program(s} shall describe actions to be taken
to limit peak hour commute related travel demand as described
above. The TDM planes) shall discuss:
. Responsibilities for the Property Owner(s) and tenants
. Facility Improvements
. Financial Incentives
. Vehicular operations (e,g, shuttle to the Regional
Transportation Center)
"
. Monitoring 1 reporting J and enforce men t
. Contingency and remedial actions
6. The recorded Covenants, Conditions. and Restrictions (CC&R's) shall
include provisions to guarantee adherence to and perpetual operation
of the TDM Program( s) regardless of property ownership, inform all
subsequent property owners of the requirements imposed herein, and
identify the potential consequences of nonperformance. Each space
use agreement (i.e., lease document) shall include relevant clauses
of the Xerox Centre TDM Program(s) as a means to inform and commit
tenants to and participate in helping the project meet the TOM
performance requirements.
7,
The Property Owner(s) shall prepare an Annual TOM Report(s) 12
months after the "utility release" for the next phase of development
and at the end of each successive 12 months thereafter. The Annual
TOM Report(s) shall include building occupancy (by phase), AM peak
hour vehicle trip counts as outlined in Item 3 above, and the means
of travel for employees working at Xerox Centre (as compiled from an
annual survey of tenants' employees). The Annual TOM Report(s)
shall also describe TOM activities OCCUlTing over the past year and
activities planned for the next 12 months,
r'
8.
The City of Santa
writing, of failure to
by methods described
Ana shall notify the Property Owner( s) , in
comply with the TOM Program(s) as determined
in Sections 2 and 3 of this document.
116
TRANSPORTATION DEMAND MANAGEMENT
MITIGATION MEASURES FOR XEROX CENTRE
Page Three
9, If the TDM Program(s) performance requirements are not satisfied,
the Property Owner(s) not in compliance shall submit to the City of
Santa Ana within 60 days of notification by the City of Santa Ana a
list of TDM actions that will be implemented to reduce AM peak hour
vehicle trips to meet the requirements within 180 days of written
notification by the City of Santa Ana, Contingency actions to be
taken in the event of not meeting the requirements shaH be described
in the Xerox Centre TDM Program. Remedies could include, but are
not limited to:
. Increasing the level of effort (1. e" financial and other
resources) for existing on-site TDM program activities,
. Initiating new on-site TDM activities.
. Supporting off-site TDM efforts that have the effect of
reducing traffic levels in the vicinity of the project.
. Increasing the level of support for areawide TDM efforts.
At the end of the 180 day period, performance will be evaluated by
the City of Santa Ana based upon measures described in Sections 2
and 3 of this document to determine compliance, No further measures
to reduce the particular project/phase generated AM peak hour
vehicle trips will be necessary if the requirements are then met.
Should the performance requirement not be satisfied by the end of
the 180 day period for a particular project/phase, that particular
project/phase Property Owner(s) shall pay a TDM Penalty Fee of $700
per vehicle for the number of average daily vehicle trips in excess
of the requirement. Notwithstanding the foregoing, the Property
Owner( s) total annual obligations shall not exceed $51,100 for Phase
I, $102,200 for Phases I and II combined, and $31,500 for Phase In,
The TDM Penalty Fee shall be paid within 60 days to the City of
Santa Ana and used to improve street capacity through the
construction of physical improvements to be selected by the City of
Santa Ana from the list of areawide improvements identified in the
"Cumulative Development Analysis" of the Xerox Centre EIR or for
on-site physical improvements/TUM program enhancements and/or to
reduce areawide AM peak hour travel demand in the vicinity of the
Xerox Centre. The Public Works Agency shall make a determination
for compliance that such fees have offset the impact of project
related AM peak hour travel demand and the performance requirement
may be revised upward to account for the change in allowable AM
peak hour trips generated by the affected phase( s) of Xerox Centre,
-- ,~,...",,"'"
..
117
TRANSPORTATION DEMAND MANAGEMENT
MITIGATION MEASURES FOR XEROX CENTRE
Page Four
10. The Property Owner(s) shall participate in an
Transportation Management Association if it is established.
areawide
11. The Xerox Centre TDM Program shall encourage the response of
tenants to applicable regional and/or city transportation management
regulations.
12. Appeal of any declsions regarding provisions of the "TDM MItigation
Measure for Xerox Centre" shall Initially be submitted to the
Executive Director, Public Works Agency, If such appeal Is not
resolved administratively, it shall be brought forward to the
Planning Commission and, if necessary. to the City Council for
resolution.
,
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