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HomeMy WebLinkAboutNS-2456 - Approving a Development Agreement Betrween the City of Santa Ana and Bentall/Westminster Partners227 ORDINANCE NO. NS -2456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANAAPPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BENTALL/WESTMINSTER PARTNERS THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. The City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies. BentallANestminster Partners and the City have previously entered into a Development Agreement involving a larger project on a larger parcel of property. This Development Agreement, dated December 20, 1989, has expired by its own terms. The development contemplated under this Development Agreement constitutes Phase II of the development contemplated in the prior, expired Development Agreement. The Planning Commission has, following a public hearing, recommended approval of this Development Agreement. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require BentallANestminster Partners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. SECTION 2: The City Council has reviewed and considered the information contained in the Final Environmental Impact Report No. 88-02 and Addendum No. 00-04 prepared with respect to this Ordinance. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined Ordinance No. NS-2456 Page 1 of 3 228 that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, that this Final Environmental Impact Report and Addendum adequately address the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that the Final Environmental Impact Report and Addendum comply with the requirements of CEQA. The City Council hereby certifies and approves the Final Environmental Impact Report and Addendum and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. SECTION 3: Development Agreement No. 00-01, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the Mayor and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 4tI~. day of December ,2000. ATTEST: wa~ri(~ia E. Healy Clerk of the Council Ordinance No. NS-2456 Page 2 of 3 229 COUNCILMEMBERS: Pulido Absent McGuigan Aye Aivarez Aye Bist Aye Christy Aye Franklin Aye Solorio APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Benja~ Ka~ut~a n /~,hi~/Assistan~City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2456 to be the original ordinance adopted by the City Council of the City of Santa Ana on /~-~/-~ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~~ {¥--~'~.-'~_~/-~' C~erk ~f the Council City of Santa Ana Ordinance No. NS-2456 Page 3 of 3 COH FORk'1ED COPY 231 Not Co~npared with Original RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 Recorded in Official Records, County of Orange Gary Granville, Clerk-Reoorder l IBIIIIIIl llllillillllllllllllll1111111111tllllllllN0 FEE 20000672556 09:46am 12/12/00 1t4 2t A12 35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FREE RECORDING GOVERNMENT CODE ~ 6103 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BENTALL/WESTMINSTER PARTNERS This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and BENTALL/WESTIMSTER PARTNERS, a California general partnership ("Owner" or "Property Owner"). facts: RECITALS. The Agreement is entered into with reference to the following 1.1 Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) the time of development. This Agreement is intended to assure adequate public facilities at (2) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and Capital Improvement Plan. (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Plans. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Agreement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. 232 (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require O~mer to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. (7) Owner and City have previottsly entered into a Development Agreement involving a larger project on a larger parcel of property. This Development Agreement, dated December 20, 1989, has expired by its own terms. The development contemplated under this Development Agreement constitutes Phase II of the development contemplated in. the prior, expired Development Agreement. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property consists of approximately 5.13 acres, located on Tustin Boulevard south of Seventeenth Street in the City of Santa Ana. The O~vner desires to develop the Property with a six (6) story, 120,000 square foot office tower, expand the detached parking structure by adding an additional 441 parking stalls, add 2,000 square feet of service retail, and a 10,000 square foot freestanding restaurant. The Property will be developed with a maximum F.A.R. (floor area ratio) of 1.5. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On March 27, 2000 the Planning Comnfission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On November 20, 2000, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, as amended by general plan amendment no. 00-002 (Resolution No. 2000-076), applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance On December 4, 2000, the Council adopted Ordinance No. NS-2456 approving this Agreement, which became effective on January 3, 2001. 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1 "Final Design" means the Plan of Development, which constitutes the final design documents for the project to be constructed on the Property, as prepared by' Owner and approved by City, which are set forth in greater detail in Exhibit C attached hereto and incorporated herein by the reference (hereinafter referred to as "the Plan"). 2 233 2.2 "Property Owner" or "Owner" means Bentall/Westminster Partners., being the person, persons, or entity having a legal or equitable interest in the Property, and includes Bentall/Westminster Partner's successors in interest. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in GPA No. 00-002 (City Resolution.No. 2000-076) Site Plan Review 88-31, and the Project Description as set forth in the EIR (including Addendum) for the Project. to this Agreement and are identified as follows: Exhibit Designation A B C EXHIBITS. The following documents referred to in the Agreement are attached Description Property Legal Description Property Graphical Description (Site Plan) Plan of Development Referred to in Section 1.2 1.2 2.1 4. GENERAL PROVISIONS. 4.1 Property Subject to the Agreement. Until released pursuant to the provisions of Section 9.3 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.2 Duration of Agreement. The term of the Agreement shall commence on, and the effective date of the Agreement shall be, the effective date of City Ordinance No. NS-2456 as set forth in Section 1.6 above, and the term shall extend for a period of ten (10) years following the effective date unless the Agreement is earlier terminated, or its term modified of fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. 4.3 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the City Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the 3 234 Oxvner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the City Council. Such transfer or assignment shall not relieve the Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all 6i'the same fights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Agreement. Upon assignment or transfer of the fights of Owner under this Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. 4.4 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement. 4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. Property Owner agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any claims arising out of this Agreement, or any approval or certification by the City relating to the Project. This hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 235 challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.8 Relationship of the Parties. The contractual relationship between City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: Ifto City, to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Aha, California 92702 facsimile (714) 647-6956 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 IftoOwner, to: Bentall Development Company 1551 North Tustin Avenue, Suite 845 tt Santa Ana, California 92705 .- ',,-,~i~lk'~ Attent on Kit Royer ,~s~. , Facsimile (714) 550-7703 /.,'('"~ ~/'/~// 5 236 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given t~venty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, s,t. ate, County, or City holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 Rules, Regulations and Policies. The roles, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the density and intensity of use of the Property, shall be those roles, regulations, and policies in existence on the effective date of this Agreement. 5.2 Permitted Use, DensiW, and Intensity of Use; Rate and Amount of Growth. The permitted use, density and intensity of use of the Property shall be as set forth in the Plan. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, the right to enact police power regulations on matters not covered by section 5.1 of this Agreement, including without limitation regulation of the rate and amount of growth, is not abrogated by the City. The City hereby retains the police power to provide for change in regulations, ordinances, policies, and plans relating to moratoria, building permit allocations, timing, and sequencing of development and the financing and provision of adequate public facilities at the time of development. No vested rights as to any requirements in this sub-section either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines in effect on the effective date of this Agreement, including but not limited to the F.A.R. of 1.5 as set forth in GPA No. 00-002. 5.4 Maximum Height and Size of Structure. The maximum height and size for all structures shall be as provided in the Plan. 5.5 Reservations and Dedications. No reservations or dedications of land shall be required by the City as a condition of development of the Property so long as that development is in conformance with the Plan. Nothing herein is intended, nor shall it be interpreted, to in any way limit or otherwise restrict the City's inherent power of eminent domain. 5.6 Future Discretionary Approvals. This Agreement shall not prevent the City, ~vhen considering requests for discretionary approvals not covered by Section 5.2 of this Agreement subsequent to the effective date of this Agreement, from applying new rules, 6 237 regulations, and policies which are applicable to the Property, including but not limited to, changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for land use entitlements based on such existing or new roles, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or, existing between the parties. 5.7 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.8 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to ail development in the City (although actual fee rates may vary within the City where bona fide less-than-citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or 00) duplicate any project design features conditions of approval, agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.9 Intentionally Not Included. 5.10 Development, Construction, Installation and Maintenance of Public Art. In consideration for the extraordinary and significant benefits set forth in this Section, the Owner has been legally vested under Section 5.2 with regard to the permitted uses of land, density, and intensity of use, Owner shall cause the design, construction, installation and maintenance ora work of public art on the Property. The work of public art shall be placed on the Property in a location, as approved by the Executive Director of the Planning and Building Agency, that will provide the greatest opportunity for viewing by the general public. It is to be located in an open area viewable from the public right of way, or on the exterior of an assembly. The Owner shall expend $25,000 at a minimum on the work of public art. This minimum expenditure may include the work of public art itself (and rendering costs if applicable), the cost of constructing any structure (e.g., a pad) to enable display of the work of public art, the artist's fee if separate, and identification plaque(s). This minimum expenditure shall not include any other cost, including but not limited to any costs of land, publicity, administrative costs, art consultant's fee, transportation costs, utility costs to illuminate the artwork, or maintenance costs. 7 238 To be eligible, the proposed work of public art shall not be: a. a mass produced object from a standard design; b. a reproduction, whether produced by mechanical or other means, of an original work of art; c. elements of building, designed by the building's architect, as opposed to a p,t~blic artist commissioned for the express purpose of creating a unique work of public art; nor. d. landscaping, in whole or in part. Deliverables specified below must be designed, constructed or executed prior to the triggering event. Deliverable 1. Submit final design and location of Public Artto Planning and Building Agency. Triggering Event Prior to issuance of first Building Permit, or five (5) years from the effective date of this Agreement, whichever comes first. 2. Install Public Art. 2. Maintenance AgreementwithCity, binding on Owner and successors, to maintain workofpublic art in perpetuity. Prior to City's issuance of Certificate of Use and Occupancy for any building, or six (6) years from the effective date of this Agreement, whichever comes first. Prior to City's issuance of Certificate of Use and Occupancy for any building, or six (6) years from the effective date of this Agreement, whichever comes first. 5.11 Moratoriums. Moratoriums enacted by the City for the public health, safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in this Agreement. 5.12 City to Receive Construction Contract Documents. Owner shall furnish City, upon written request, copies of any public facilities construction contracts and supporting documents relating to the Project. 5.13 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be govemed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this 8 239 Agreement. 5.14 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, roles, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable st,ate and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unmh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter to O~vner (the "Letter") stating that based npon information known or made known to the City Council, the City Planning Commission and/or the Executive Director of the City Planning and Building Agency, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; 9 240 (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially ihterfereS with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon the occurrence of default, City shall give Property Owner (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City may terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the default. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (4) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (6) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against City upon termination of this Agreement. 10 241 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary ora deed of trust encumbering the Property or any part thereof and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within thirty (30) days following the date of default. 8.3 Releases. City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This amended and restated Agreement constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous agreements between the parties respecting this Agreement. Ail waivers of the provision of this Agreement must be in xvriting and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 11 242 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project until City accepts the improvements pursuant to the provisions of this Agreement or in connection with discretionary approval(s); and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of.this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The Clerk of the Council shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. 12 243 IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, and by Property Oxvner. Dated this ?~day of ~)~t',,.~z4-- , 2000. ' ' THE CITY OF SANTA ANA PA · Clerk of the Counc~!-Y ~) ~ Mayor PROPERTY OWNER By ~ Its ~o ,o. Approved as to Form: JOSEPH W. FLETCHER, CITY ATTORNEY /C.~j~ef Assista~: City Attorney 13 244 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~)/~././[..-~¢' j' ss. On ]2-'7- eate personally appeared beforeme ~L~/fC~?H /¢'- 1~,'//--~¢' /~)//? [~ perso,nally known to me [] proved to me on the basis of satisfactory evidence to be the persor~ whose name~) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ths4'¢- authorized capacity(-ie~)-, and that by his/Jze, r./t4:~ signature(e)' on the instrument the person(."~, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documen& Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer--Title(s): ~_ Limited ~_ General ~ [] Partner [] Attorney in Fact ~ ~ Trustee ~ L. Guardian or Conserv~ ~ Other: ~ Si~enting: Number of Pages: Top of thumb here 245 STATE OF CALIFORNIA COUNTY OF ORANGE ) On this __ day of /2~00, before me, , a Notary Public in and for sa~tate, personally appeared , personally known.to/me (or proved to me on the basis of saiisfactory evidence) to be the Mayor of TH~ITY OF SANTA ANA, the charter city that executed the within instrument, known t/o..rfie t.o be.the p. erson who executed the within instrument on behalf of the munic'p~.~o~orati~n therein named, and acknowledged to me that such municipal corporation exe~d the within instrument pursuant to its bylaws or a resolution of its City Council. ~IE'S S my hand and official seal. STATE OF CALIFC,~,U,A. ) ) SS. COUNTY OF ~ ) NOTARY PUBLIC Onthis c~l~"~"~day of ,~,P;~Or/,~-~_f,2000, beforeme, E( I~}l /-, /I,~ V'P[,~ , a Notary Public in ahd for said state, personally appeared ~-~-~ C".,~ qoct17'~F- _~, personally known to me (or proved to me on the basis of sati's~actory evidence) to be the C. o (D. ~, of Bentall/Westminster Partners, the i ~t~l tY~ext't ,~. !' that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. ~2 ~4VCI, T~i~S, my hand and official seal. --- .......... NOTARY PUBLIC 246 EXHIBIT A Leqal DescriDtion 'The land referred to in this report is situated in the State of California, County of Orange, and is described as follows: Ail that real property, being that portion of Lot 5 of the Felipe Yorba Tract, in the City of Santa Aha, County of Orange, Slate of California, a per map .recorded in Book 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 of 367.96 feet to the northerly line of the southerly five acres of the westerly 10 acres of said lot; thence, along said northerly line, north 88o 50' 01" east 565.85 feet to the southwesterly line of the land conveyed to the State of California by deed recorded December 3, 1959 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 J. Lee, and wife, recorded May 7, 1969 in book 8949, page 924 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. jr\Bentall DA Exhibits N TRACT 22 f£UP£ ¥ORSA TR4CT ' L. A I'$1 ~. M. 92-34 800.~400 PACE 21 COU~41Y OF OX.~NCE 248 EXHIBIT C Plan of Develooment T~e Property is a 5.13-acre parcel located at Tustin Avenue, west 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 numbers for the Property are 400-211-05 and 400-211-04. The development of the property will consist of two phases of d~velopment. Phase I will involve construction of a 200,000 square foot, 10-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. Densit of Use: The density ok 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 seven level de~ached parking structure, and 2,000 square feet of commercial retail space to be located within the detached 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 Heicht and Size of Prooosed Buildincs: The maximum height and size of the buildings 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 jr\Bental! DA Exhibits · · ) 249 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 p~oject is situated within Professional (P) Zoning District. P~rsuant 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 d%velopment of the property shall be based upon the Design and Development Standards of the Planning and Development Services Department, dated May, 1984. EXHIBIT E EIR MITIGATION MEASURES ProiectlmpactSurnrna~ impact Topic and trnpects Land Use · The proiect is not consistent with the City's General Plan deslgniation for the site; however, it is compatible wilh 'sun'oundlng cornrnerclal land uses. Mitigation Measures · Grant tho prelect a General Plan amendment increasing the allowable FAR from 0.5:1 to 1.5:1. Level el Impact Afler Mitigation Not S[~niflcant Traffic and Circulation · The proposed project would generate an additional I] [3492] average daily trips (AD'F). [- Of the 12 studied intersections. Tustin Avenue/t7th and Tustinl4th would operate unacceptably with the proposed project. Their Levels of Service (LOS) would range from 'E' to 'F' with the proposed prelect. All other stud~ed intersections would operate acceptably with the proposed proiect,] · Tho applicant shall prepare a Transportation Demand Mangernent (TDM) Prograrn the objective el which is to maintain a 30 % employee participation tale in work cornrnunte alternatives. · As part of the TDM prograrn, the applicant shall construct a bus turnout on Tustln Avenue in front of the pro]ac site. · The applicant shall fund the widening o[ Tustin Avenue on the east side adjacent to the proposed prelect site. This would allow for the constrdction of a separate dghl turn lane. · The applicant shall share funding the installation of eastbound- westbound dual lef~ turn lanes on 17th Street. Not Significant EXHI.~T E EIR MITIGATION MEASURES Project Impact Summary (cent) Impact Topic and Impacts Air Quality · Project implementatlon would generate Increase dust lavers in the site vicinity as a result el demolition and grading activities. Mitigation Measures -The following measures shall be implemented in order to reduce emissions generated by grading and construction on the project site. · A watering plan should be initiated for each grading phase such that a crest can be formed on the ground surface to reduce the amount of generated fugitive dust. · Construction roads shall be p~.ved where appropriate. · Ail grading activities shall be ceased during periods o[ high wind (i.e., greater than 30 mph). [. The appllc:,nt sh~.ll comply with all requirements of SCAQMD Rule 1403 and shall obtain all necessar? permits which pertain to it.] Level of Impact . Alter Mitigation Not S~gnificant · In addition, constmcfion activity would generate emissions directly [rom the use of heavy equipment on the site. · Op~r~,tion ~f the proposed prelect would generate the lollowlng 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; ~,nd ROG by 0,0129 tpy, All are below standards. · The proposed project is not consistent with the regional jobs balance ~.s projecled by SCAG and,therefore, is not consistent with the AQMP. · Construction equipment shall be fitled with the most modern am~sslon control devices and be kept in proper tune. -The following measures shall be implemented where appropriate in order to reduce emissions generated by proiect operation-related mote? vehicles. Not Significant Not Significant Significant Impact Toplc and Impacts Traffic and Circulation (cont) EXHIBIT E EIR MITIGATION MEASURES Proiect lmpect SummeU (cont) ' Mitigation Measures · Tho applicant shall participate in the wldenin~ of 17th Street at Tusfin Avenue to provide lot dual eastbound-westbound left turn lanes. · The applicant shall participate in s[gnal modifications at the Tustlnl17th Street intersection. · The applicant shall install a 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 rostaruant's trash and truck service needs. · The applicant shall widen the .proposed driveway entrance to provide two adequate width entrance lanes to accommodate the southbound left turn movements the two existing lanes. · The applicant shall restdpe Tustin Avenue to accommodate dual left turn lanes southbound into the protect driveway ~.nd install a median in Tustin Avenue to the satisfaction el the City Public Works Department. EXHI~,T E EIR MITIGATION MEASURES P,'oJoct ImpDct Summery (coal) Impact Topic and Impacts Mhlgatlon Measures Level el Impacl Allot Mitigation .Water , Project Implementallon would increase walor consumplion by 28,524 galtons p~r p~ak hour. Available supply is oslimalod at 109,200 gallons I~r po~. hour. · Tho Iollowing mitlgation measures are recommended in order to reduce thls project's demand lot water. · Tho appIicanl shall Insulate hot water lines In WalOr rocirculatin9 systems · Tho applicant shall inslall low walor use faucets in all structures , The applicant shMl install Iow-flush IoiIels In ali slructures . Tho applicanl shall ensure that all ddnkin9 Iountalns on.site are filled wilh selbclosing valves. · Tho applicant shall Incorporale drip.irrigation systems on-silo lot landscape waloring whore approprlalo and Iow wate'r consuming vegetation shall bo used on-silo where possible. In addition all sprlnklorlng dovlcos shall be Io reduce water wasle. Tho landscape Irrigalion Syslom shall be'transferod lo a reclaimed water system when it becomes available , The applicant shall ensure that Iho water Syslnm has adequate pre'-.curo Jot lbo proloction purposes. Not Significanl EXHIbiT E EIR MITIGATION MEASURES PtoJocl Impact Summsry {cent} Impact Topic and lmpacls Air Quality (Continued) Miligalion Measures . A Transportation Systems Management (TSM) Plan lot tho proposed projocl shall bo developed by lbo applicant. . Bicycl~ racks shall bo constructed on-sile lot u~,o by employees and patrons. ' Improved Iransll lacililk~s on tho proJecl silo shall bo constructed by the applicant. Such lac~lhios shall include covered and lighted bus stops w;th turnout bays , Sale padoslrian walks belwoen buildings and bus slops shall bo conslruclod on-she by lbo appl[canl to encourage Itans~i uso. · Transporlafion improvomenls such ns road widening, slgnal synchronization, Intersection widenings, etc. shall ~e construclod by tho applcant as requbod by the City ol Santa Aaa. · Car/van poofln§ program shall bo Implemented Ihrough employment el a pormanon! On.silo poollng coordinalor · Prolertod parking shall be provided In Iho parking structure for Ihoso who uso tho pooling program. Signage 1o thai aflocl shall bo Installed and malntainod by Iho appficanl. Level of Impact Allot Mitigation B×HI~T ~ EIR MITIGATION MEASURES Proioct Impact Summery (con't) Impsct Topic and Impaols · Storm Drainage (ConUnuod} , Operation el tho proposed project Is oxpoclod to increase Iho smount of ~lle runoll by a negligible amount (2.06 cls). , Should any proiocl.genoraled sediment be deposilod in City storm drains, the applicant shall fund any required clean.up Io lbo mulual satlslactlon el the City and tho applicant. . Exposed so~ls shall bo covered with soil binding malelal (such as burlap and/or fas1 growing grasses) as soon as possible to prevent sell eroslon during storms. · The lollowing measures should ba implomenlod in order Io reduce tho potential for impacls during ptoiect operation. · The applicant shall prepare a storm dralnago plan and subm[I it Io tho City Engineer lot review and approval. Such a plan shall Idenfily 1he proposed drainage · Parking a,'oa maintenance and swooping shall bo conduclod regularly (wilhout the uso el water) to reduce tho amount poltuiants enlerlng the City dralnage syslem. Luvol el Impacl Alter I, Ai11oatlon Not Signilicanl EXHI~.r B EIR MITIGATION MEASURES Pro]act Impact Summary (cent) Impact Topic and tmpacls -Water (Continued} -Waatewatar . The proposed project would increase by 43.333 gpd tho amount el wastewaler that would be transmllted to. and treated by. the Orange Count,/Sanitation District No. 7. Mitloalion ~oa~,uto~ . Non.water using methods o[ cleaning and maintenance shall be used on Ihe sita..{Recommended as P~,rt of this EIR) Tho appI[car'.t shatl contribute to tho OCSD'$ Connection Foe lurid at a rate el $300.00 per 1.000 square loot o! commorclal development space. , Tho appllcanl shall work whh the OCSD to Idontily possible on.site methods of roducin9 tho load strength el pro]act.generated wastewator..{Recommended as pai'l el this EIR) Level el Impact Alter MJllg allen Not Signlllcant · Storm Drainage · Prelect site grading and construclion coutd Increase the amount of on.silo eroslon which could result in Increased sodiment in storm drains. · Tho Iollowing measures are proposed tn order to reduce tho magnitude el short.term constructJon.relaled Impacts 1o Cily storm drainage facilities. · During 1ho grading and conslruclion period, thb applicant shall place sandbags around tho alto perimeter to prevent sedimont.liltod runotl tram being deposited in City storm drains. Not.Significant EXHI~_f E EIR MITIGATION MEASURES Project Impact Summary (cent) Impact Topic and Impacts -Fire Protection (Continued) Mitigation Measures · Emergency access shall be p~'ovided to all portions of the site [ ] [prior to the start of combustible[ constmction. Level of Impact After Mitigation · Fire hydrants shalt be in opera, ting order [ ] [prier to the start of combusfibla] construction. [ ] · Operation of the proposed project would increase demands on the Fire Depadment through a l~ely increase in emergency rosponsos. · Construction and operation of two high.rise buildings would create potential ha'~'ards b.ocause the Fire Department does not maintain the desired amount of high-rise equipment. -Tho tallowing mitigation measures are proposed in ardor to reduce the magnilude o[ oporation-reIated impacts to an insignificant level. · Tho traffic secfion of the EIR lists several mitigation measures designed to improve traffic levels at the 17th Street/ Tustln Avenue intersection to a level of accoptiblfity. Those measures are appficable in order to improve Fire Department access to this and other sites. Not Significant Not Significant · At the fine such a program is operational, fair share funding shall be provided by this appllcant for the provision of additional [personnel and] equipmentJfaciIitles in order to enhance the Fire Departments ability to [inspect the site and ] fight hlgn-dse fires. · [As an option,] Ihe ;~pplicant Il [could] provide funding to tho Fire Department for provisions of a site inspector.- Specifically, tho applicant [] [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 thereetter. Impact Topic and impacts EXHIB~£ E EIR MITIGATION MEASURES Project Impact Summary (cent), Mitigation Measures Level of Impact After Mitigation -Solid Waste · Demolition of existing site structures would result in a short- term increase in the amount of sel[d waste that would be generated on-site. · Operation of the proposed proiect would result in a long-term increase in the amount of solid waste that would be generated on tho project site. SpeclflcaIly, an additional 14,341,800 lbs per year would be disposed of at Bee Canyon Landfill. Public Servlcea -Fire Protection · Const~Jction o[ tho proposed project would significantly impact tho 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 project. - (Recommended as Part of Ihis EIR. · Prior to dlspos~n9 of construction debris that would be generaled by removal of existing site structure, it shall be checked to the satisfaction of the City for the presence el asbestos. · Fair share funding shall bo provided by this applicant for tho provision of additional personnel to enhance the Fire Deparlments 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 Signi~cant Not Signlflcant Not Significant ~XHInlT E EIR MITIGATION MEASURES Impact Topic and lmpacls Pollc~ Protection (cent) Impact Summnry (cent) MiliO alien Measures . Olhor socudt¥ rnoasuros (i.o., lighting, gates, etc.) shall be implemented as oullinod in lbo Chy'$ Building Security Ordinance Manual. Lovbl el Impacl Ahor MIiIoallon EXHIBIT E EIR MITIGATION MEASURES Project Impact Summary (cent) Impact Topic and Impacts -Fire Protection (Continued) Mitigation Measures All on.site structures..including the parking structure, shall be filled wilh automatic sprlnklaring systems. In addition, the office towers shall be fitted with elevatior recall systems, smoke evacuation syslems, fire delaction systems, pressurized stair walls, zoned alarm systems, phones in stairwells and elevators and roof walor reservoirs with 4,500 gallon capacities and other measures as required by City el Santa Aha Municipal Code 14-30. Level of Impact After Mitigation Police Protection · Project construction and oper=;tion would increase the frequency of calls atho Police Do~arlmant would be roqulrad to respond to. · The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require tiro flows in excess of supply (4,427 gpm). · Tho appficant shall provide the Fire Department with 150-foot clear access to all site structures. · The applicant shall provide an on-ella security syslem lot the office towers and the parking structure thai includes alarms and other communication devices. The Pofice'Depar~ment has indicated that one on-site private security officer may be required to patrol the parking structure and one officer may be required to patrol the remaining buildings, The specifcs of such measures shall be approved by the City Police Depa,'lmenl prior to the granting of llnal occupancy permits. Not Significant Impacl Topic and Impacts Ulllltles Water ' Implomontatlon el all cumulative projects would result In 3, n addition3,1 1.197 mllllon g~,llon per day (gpd) of walor being consumed. This Increase In waler consumpllon would resuII In approxJmalley 2.8 percenl increase in the 43 mlliion (gpd) tho City el Santa An., presently distributes to residents and busln ess. Tho proposed prelect would consume approxlmatloy 6.7 porconl of tho 1,197 mlillon (Opal) el waler consumed by Iha cumulallvo project set. , The Implemonlallon el lbo cumulative project sar would Increase tho gonorallon of waste walor. Tho Iolal wasiowalor gonorallOn o~pocled from Ihe cumulative preJocl so! Is g38,240 gallons pet day. The proposed project would Conlributo apptoxlm~lely 8.43 potcenl o[ Iho IoI~1 waslowalo~ generated. EXHIBIT E EIR MITIGATION MEASURES CumuI~,tlve rmpact Su~nmnry Mil[gallon Measures · Iqo olhor Ioasiblo mhigation measure could bo appllod to tho p.'oposod proiocl Io reduce its magnitude or cumulalivo impact on water Io a level el Insign~licanco. . Tho mitigation measures already presented would reduce tho level el proie¢I generalod cumulallvo impncls 'ns~gmhcan level. No addilionat measures are necessary. Lovol ol Impact Ahor Millgallon Signilicant Nor Sig nil[cant Impact Topic and Impacls Land Use EXHIBIT E EIR MITIGATION MEASURES Cumulative Impacl Summary MiligaHon ~oaauros Level el Impacl Alter Millgalion ' ' P~olecl [rnplomonlallon would contribute Io Iho tunhor conversion el undo,'dovolopod land in tho County to a dovolopo<J TraIIIc and CIrcul~,tlon ' Cumulative traUic volumes wilI reduce Iho LOS at tho Tuslin Avenue/171h Slreet Intersection Io.'F' during the a.m. and p.m. peak hours· Olho,' sludied Intorsoclions would continue to operate acceptably. , No measures are required. · Tho applicant shall contribute lair.share lund[ng Io tho Iollowing: . Tho applicant shall prepare a TDM plan lot Ihe City and shall participate in such a program wilh other em.p oyere In lho area. Nol Significant Significant Air Ouallty , The tmplomonlation el the cumulallve proJocls would conlribute Io ahotl.lorm particulalo levels during cot'lsltUClTOn and would increase tho long term amounl el pollutanl$. . Al i71h and Tuslin, provide dual Mil turn lanes. Ihreo Ihrough lanes and separate tight turn lanes on each approach to tho inlorsocllon. · Installation et a median in Tuslin Avenue bolwoon tho project driveway and 17th Street. · No mitigation measures are reasonably Joasiblo Io miligalo Ihls projocle cumulatlvo impact el Irallic. Signilicanl EXHIBIT E EIR MITIGATION MEASURES lmpacl Topic and Impacls Cumulollw, Impact SummDry,{conl) Millgallon Measures Public Services Fire Prolacllon , The conslrucllon and operations el cumlslive pro]eCl sst would Increase demands on City Fire Daparimenl resources. This Is due Io Ihe lacl Ihal Ihe number of Insp~clors ara limited and are not keeping up wilh Ihe pace o! developmenL As a tosuIl, lime delays are occuring Ihal are slowing up Ihe Inspection and ullimale clearance of pfc]acts Ihal have already been approved 5y the City. Tn add[tlon, duo to a lack el high flsa ralalcd fire fighting OClu~pmenI and associalad manpower, the construction of high-rise building Ihal Is occudng Is slgniIIcantly Impacting Iho Fire Oeperlmenl's.ablllly lo provide adequale protection to such buildings. · Cumulallve developmanl would resell In unavoidably signillcanl trafl;c Impacts ~,1 fha Tustln Avenue/t7 Streel inlorsoclion. 'Tho tosultin§ con0estlon would signlllcanlly lmpacl tho Fir,~ Depanmenl as Iheir response limos lo corlain portions of Iho Cily would Increase. ' Olhor Ihan Ihose measure lisled for projocl Iratfic .',nd li~o protocllon, no additional measures are required. , Other than Ihosa measures already lisled which focus on reducing Irefflc congesI~on al Iho tn ersoctlon, no other measures are considorod foasibte. Level el Impacl AIler Mhigalion Not Signilicanl Significant Impact Topic and Impacls Storm Drainage EXHIBIT E EIR MITIGATION MEASURES Cumulollvo Impact Summary (coat) M[lioallon Measures Level el Impact Ahor Mitigation ' Implemenlation o! tho cumulative proiocls would bo collecled in Orange Counly Flood Control faciIillos. However the vicinity el the proposed projo~l silo Is largely developed and parllally coveted with impervious sudaces, no slgnilicant Increases in storm drainage is expoclod 1o occur. Solid Wasla . Olhor Ihan those measures aboady required no addilional measures ar necessary. Not Signilicant ' Implementation el Ihe cumulative project sol would increase tho amount o[ solid wasle generated In Ihe local area. Tho tolol amount el solid waste expected lo bo generated by the cumulallve pro]ecl set Is 286 million pounds pot year. Tho proposed project would contribute approxlmaloly 5.8 percenl o[ the Iolal amount generated. , No additional measures ate required. Not Signilicant Impact Toplc and Impacts Police Protection . The Implementelion el Ihe cumulalivo projects would create Increase demands el tho Cily Police Oeparlment. However, the Increase in demand would eel requite e now type el crime lightlng capability yef, Il would require an increase In manpower and equipment ovorllme. Such an Increase In demand would bo consldorod adverse, bul nol slgnlllcanl. EXHIBIT E EIR MITIGATION MEASURES Cumulative lmpect Summery (~ont) Mitigation Measures · Miligation measures already recommended would reduce project and cumulative projocl impacts lo a level el insignilicanco. Level ol Impac! Alter Mitigation Nol Signit'icant' '