Loading...
HomeMy WebLinkAbout93-037 - New Building Intensity Standards for the Main Street Concourse Project407 RESOLUTION NO. 93-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN TO ESTABLISH NEW BUILDING INTENSITY STANDARDS FOR THE MAIN STREET CONCOURSE PROJECT (GPA 92-3), AND TO APPROVE TENTATIVE TRACT MAP 14408, CONDITIONAL USE PERMIT NO. 92-9, AND VARIANCE NO. 92-4 FOR THAT PROJECT WHEREAS, this Council has reviewed and considered the environmental impact report prepared for the proposed Main Street Concourse project and has certified said environmental impact report and made findings in support of the approval of said project, all in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission of the City of Santa Ana, after duly noticed public hearing, approved, and recommended for approval to the City Council, an amendment to the General Plan of the city of Santa Ana (GPA 92-3), a tentative map (Tentative Tract Map 14408), a conditional use permit (CUP 92-9), and a variance (VA 92-4), for the Main Street Concourse project, all as hereinafter set forth; and WHEREAS, this Council, after duly noticed public hearing, concurs in the actions and recommendations of the Planning Commission with respect to the foregoing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Land Use Element of the General Plan of the City of Santa Ana is hereby amended to establish a floor area ratio of 2.54 as the building intensity maximum for that area of the city shown on Exhibit A, attached hereto and incorporated herein. 2. As used herein "floor area ratio" shall have the same meaning and be determined in the same manner as set forth in General Plan Amendment 88-2, approved by this Council by its Resolution No. 89-18, adopted February 21, 1989. 3. The building intensity standards established by this resolution supersede any and all previously adopted building intensity standards in the General Plan with regard to the subject property. 4. Tentative Tract Map 14408 is hereby approved as submitted to the City Council this date, based on the findings set forth in RESOLUTION 93-037 PAGE 2 Exhibit B, attached hereto and incorporated herein, and subject to the conditions set forth in Exhibit C, attached hereto and incorporated herein. 5. Conditional Use Permit No. 92-9, to allow a limited use helistop on the 32-story structure in the Main Street Concourse development, is hereby approved, based on the findings set forth in Exhibit D, attached hereto and incorporated herein, and subject to the conditions set forth in Exhibit E, attached hereto and incorporated herein. 6. Variance No. 92-4, to modify the off-street parking requirements for the Main Street Concourse project to the follow- ing: 3,956 spaces for Phase I and 5,464 spaces for Phase I and Phase II together, representing a 20% reduction in code require- ments, and to allow valet parking for the restaurant and hotel portions of the development, and to allow tandem parking in the valet parking areas, is hereby approved, based on the findings set forth in Exhibit F, attached hereto and incorporated herein, and subject to the conditions set forth in Exhibit G, attached hereto and incorporated herein. ADOPTED this 19th day of April , 1993. ATTEST: COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Absent Richardson Aye APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California county of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ,,~3--0~ to be the original resolution adopted by the City Council of the City of Santa Aha on Clerk of the CoZunci~, Date City of Santa Ana T MAIN PLACE (RETAILI RETAIL OFFICE OFFICE CHAPEL SENIOR'S RESIDENTIAL ,.' ". ~AISE'.TI ...'. ....... ,~:'f. ~...-~ ...........:.".;~.~..., FROM ,. ,,.. ,.. , ,,,,,~,,,,,l~,:~,t;!,,,,',,~,~, ,,~:. ,,,, OFFICE, ;,.%' .... , . ~:~;y' I " '~ ! :" :' ~'''' ~'?,'~'"",,~'"/:'~"~'~, '[" .' i...:.'.l'.",' "~q, ..".",3/ ~'- l.'i', }"! !'.1~"!',,1'.~... OWENS ~ / SANTIAGO PARK -~ OFFICE GENERAL PLAN AMENDMENT 92-3 (AMENDMENT APPLICATION 1055/DEVELOPMENT AGREEMENT 92-1/ TENTATIVE TRACT MAP 14408/CUP 92-9/VARIANCE 92~I) SHIMIZU AMERICA FOR ORIENT CORPORATION MAIN STREET CONCOURSE 2775 NORTH MAIN STREET Tentative Tract Map NO. 14408 March 8, 1993 Page 1 of 1 Findings The proposed project, as conditioned, is consistent with the District Center designation on the General Plan and is otherwise consistent with all other elements of the General Plan. The project is a mixed use development and is consistent with the General Plan and all of its elements. Tentative Tract Map No. 14408 will have no effect on the land uses as prescribed by the General Plan. The project will only alter property lines and will not otherwise alter the project as approved. The proposed project, as conditioned, conforms to all requirements of the zoning and subdivision codes, as well applicable City Ordinances. applicable as all other Tentative Tract Map No. 14408 is in keeping with the provisions of Chapter 34 of the Santa Aha Municipal Code pertaining to the subdivision of land as well as the Santa Aha Design and Development Standards. C. The project site is physically suitable for a commercial development project. The 17.14 acre flat rectangular site is suitable for the intensity of the proposed development. De The design and improvements of the proposed project will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. The site is substantially vacant with no wetlands or native flora and fauna. The design or improvements of the proposed project will not cause serious public health problems. The proposed mixed use development is designed not to have any deleterious impacts on public health in the area. The project includes sanitary sewer, water, and adequate storm runoff. Approval of Tentative Tract Map No. 14408 will not effect the health or safety of persons residing in the vicinity. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or uae of property within the proposed project. Approval of the tentative tract map will not create conflicts with any .a..m.nte n.c.s.ary fo= c.ee through the subj.ct p op.rty. Tentative Tract Map No. 14408 April 19, 1993 Page 1 of 11 Conditions for Approval Should Tentative Tract Map NO. 14408 be approved, the project shall comply with all requirements and applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and other applicable regulations. In addition, the project shall comply with the following conditions: Plannl~q Division Occupancy of the residential component of Phase I is contingent on building permits being issued and building foundations poured for the commercial component of Phase I per Section 4 of the Development Agreement. A right-of-way and easement maintenance agreement covering all non-city standard improvements shall be entered into with the City prior to building permits. All residential units shall be built, subdivided and sold for individual ownership. They shall be built as either townhouees, and/or Type I construction residential tower condominiums. Ail trash consolidation areas within the project including residential areas shall be maintained and Operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. The trash pick-up operational plan shall be incorporated into the Conditions, Covenants, and Restriction (CC&R's) of the project. In addition, funding for private art pick-up of trash from the individual townhouses to a central point shall be established prior to any residential occupancy. Reciprocal easements and CC&R's tying the overall project together as an integrated development and providing for Joint access, ingress, egress, drainage, property maintenance, and parking (except for residential) shall be provided for review prior to the final map approval and recorded with the final map. Project property maintenance levels shall meet and exceed community standards for attractive and sanitary conditions. Project management shall establish the maintenance levels. 10. A deed restriction shall be approved and recorded limiting occupancy of residential units as specified in the Development Agreement. All circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic, lanes, parking management, valet and trash pick-up shall be maintained and followed by the project management and included by reference in the CC&R's. Ail Phase II proposals shall be submitted to site plan review and Planning Commission for review and approval prior to submittal to Building Department plan check. EXHIBIT C Tentative Tract Map No. 14408 April 19, 1993 Page 2 of 11 11. Mitigation measures shall be implemented as identified in the mitigation monitoring program. 12. The CC&R'e shall include provisions to prohibit the construction of walls in the townhouse four car garage that will disrupt the ability to park residents and guest vehicles in all four spaces. 13. The CC&R's shall prohibit recreational vehicle parking or storage on- site. 14. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antennae and mechanical equipment. 15. 16. All residential units shall be separately metered for electrical, gas and water service. There shall be provide water meters as outlined in Section 34-313.5 of the Santa Ana Municipal code. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. 17. The utility lines in the drive aisle for the townhouse shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. 18. Paved areas shall be designed to carry surface water to the nearest- practical street, storm drain, or natural watercourse. Concentrate~ flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. 19. A non-revokable air rights easement shall be provided for the commercial parking structure over a portion of the residential parking structure and parcel. 20.. The residential portion of the parking structure is for permanent and exclusive use of the residents in the residential tower. 21. There shall be countersigned notification of all special tax assessments including Mello Roos to all residential purchasers within the project. 22. The developer is encouraged to establish construction apprenticeship programs with the local building trade associations. Police Department The approved security plan and parking operation plan are being made conditions of this project. .Changes can be made only with mutual consent of the city and developer. Exiting from residence parking garage cannot be automatic opening loop - it must be clicker operated security gate. In addition, the guest parking must be equipped with security gates at ingress and egress. Elevators shall not include "reflective" glass backing. Tentative Tract Map No. 14408 April 19, 1993 Page 3 of 11 9. 10. 11. 12. 13. 14. 15. 16.~ 17. 18. 19. 20. 21. 22. 23. Stairwells must be open air to the exterior and interior of structure. The residential towers laundry facility must be relocated to living areas on upper floors. Police department submastered knox boxes must be installed at each vehicular and pedestrian access point. The 32-story office tower emergency exit stairway tunnel - the exit doors into the parking structure must be equipped with hardware that allows egresa only and must be alarmed. Ail enclosed corridors must be illuminated to a minimum maintained one- feet candle. Windows must be placed adjacent to all walkways coming from the parking structure. Transition walkway between commercial and residential must be illuminated to a minimum maintained one-foot candle. Exterior common elevators - these elevators must be glass backed. Hotel secured parking ~ there can be no common elevator access from this area to sublevel 1. Hotel secured parking must be equipped with CCTV cameras to cover ~ access points and vehicles. Residential egress from parking garage must be by remote control. All parking exits, residential and commercial, not equipped with a cashier booth must be equipped with a full security gate. Ali elevators are to be equipped with CCTC cameras, intercoms to a security station and, if recesses exist, convex mirrors. All prior parking structure specifications listed on 07-30-90 DRC0. review must be complied with. Duress alarms must be located at strategic locations throughout the twoF% subterranean parking levels. ~ Amend operations plan to indicate that exiting from residential parking garage will not be automatic opening loop but will be clicker operated security gate. Amend operations plan to indicate full security gates for ingress and egress into and from guest parking at residential structure. Each building must be equipped with rooftop address numbers meeting Police Department specifications. Above grade parking structure stairwells must be open to the exterior and interior of the structure. Hotel secured parking area must be designed to exclude co,non access elevator bank. Tentative Tract Map No. 14408 April 19, 1993 Page 4 of 11 Public Works Aqency 1. The following are gonditions for Phase I: ao Prior to February 1, 1993, the following improvement plans and dedications need to be received by the City of Santa Ans. Cash payments need to be received by no later than May 8, 1992 for the sewer and February 7, 19~2 for Owens Drive. In the event these dedications, improvement plans and/or cash payment are not received by said dates, then no building permit shall be issued at the project site which requires sewer connection or road widening prior to January 1, 1995. Dedicate Owens Drive per approved street channelization plan. Dedicate Main Street including bus turn out per approved street channelization plan. Dedicate on-site 25 foot x 25 foot corner cutoff triangles at the northeast corner of Main Street and Owens Drive and the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street per approved traffic signal plans. Make a cash payment for completing Owens Drive. Right-of- way to ultimate street width per the Owens Street improvement plan and Shimizu Phase I development site plan including redesign of the park entry drive. Submit a street improvement plan for Main Street addressing the Phase I Shimizu site plan prepared by a registered engineer. Submit a street improvement plan for Owens Drive addressing the Phase I Shimizu site plan depicting all required revisions for project development prepared by a registered engineer. Pay a cash deposit in the amount of $448,000.00.and execute a reimbursement agreement with the City of Santa Aha to fucd construction and design for a sewer line from the Orange County Sanitation District trunk system to the project site. Submit plans with all approved revisions as required for the sewer construction from the OCSD and the City of Santa Aha for serving the.Shimizu project (i.e., Phases I & II). Prior to the issuance of any building permit for Phase I, complete the following if not completed earlier at developer's option: ~ 1. Dedicate Owens Drive per approved street channelization ~ plan. Tentative Tract Map No. 14408 April 19, 1993 Page 5 of 11 Dedicate Main Street per approved street channelization plan, including th~ "Polly's Pies" required street ded~ca~ioo &.bu~ tgrn out per ~he tgFms of the development aqrgement. Dedicate 25 feet x 25 feet corner cutoff triangles at the northeast corner of Main Street and Owens Drive end the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street at Concourse Drive (Main Street Concourse), on Owens Drive at Concourse Drive (Main Street Concourse) and on Lawson, Lawson at private drive. Make a cash payment for completing Owens Drive and Main Street right-of-way to ultimate street widths per the Owens Drive street improvement plan and Shimizu Phase I development site plan. Pay a cash deposit in the amount of $448,000 and execute a reimbursement agreement with the City of Santa Aha to fund construction and design for a sewer line from the Orange County Sanitation District trunk system to the project site. 10. 11. 12. 13. 14. Secure a traffic signal easement from the "Lincoln" property, per approved traffic signal plan. Secure plan approval and a construction easement from the "Lincoln" property for the Owens Drive driveway and traffic signal per approved improvement plans. Pay a fair share cash payment in the amount of $350,000 for the future improvement of the intersection of Main Street and Town and Country Road. Submit an on-site Traffic Operations Plan in compliance with the projects final EIR. Pay a cash deposit of $20,000 for Neighborhood Traffic Mitigation per the Development Agreement. Record a maintenance agreement for all non-standard pavement and or sidewalk areas in public right-of-way of easement areas approved by the Public Works Agency. Secure a street work permit from the City of Orange for work on Lawson Way in the City of Orange including connecting the roo~ drain from the nine story perking structure to the City of Santa Ana storm drain system. Prior to the issuance of a building permit comply with one of the following: f a) The developer of the Main Street Concourse Project shall have acquired the Polly's Pies site. Tentative Tract Map No. 14408 April 19, 1993 Page 6 of 11 b) The developer of the Main Street Concourse Project shall have entered into an agreement with the Community Redevelopment Agency of the City of Santa Aha whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. 15. c) The developer of the Main Street Concourse Project shall have obtained approval by the city (subject to reasonable conditions) of (a) a tentative subdivision map which does not include the Polly;s Pies site, and (b) a development plan for the Main Street Concourse Project, in accordance with the zoning regulations applicable to the SD district, which assumes the non-acquisition of the Polly's Pies site by the developer. Obtain a National Pollutant Discharge Elimination System Stormwater Permit from the County of Orange. Prior to the issuance of a utility release for any Phase building and prior to the issuance of any non-residential building permit, comply with the following: Pay a cash deposit of $50,000.00 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. 2. Submit, have approved by the city and record CC&R's, including approved Transportation Demand Management Plan. do Prior to release of utilitiss (occupancy) of any Phase residential unit, complete the following: 1. Improve Main Street as follows if not completed earlier= a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter per approved street Improvement Plans. b) c) Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk, 10 feet wide including the "Polly's Pies" street frontage per approved Improvement Plan and terms of the Development Agreement. d) Construct driveway with 25 foot curb radii per approved Improvement Plan. e) Install "No Stopping Anytime" zone. f) Install signage and street striping per approved channelization plan. Tentative Tract Map No. 14408 April 19, 1993 Page 7 of 11 g) Relocate utilities per approved Improvement Plan. NOTEs The undergrounding of utilities 'is a condition of this development. h) i) Furnish ornamental street lighting with underground service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. Prior to the issuance of any Main Street bus shelter permit, the developer must comply with the terms cf the Development Agreement (Section II-(2) and city permits as appropriate.) k) Construct landscaped median per approved improvement plans. 2o Improve Lawson Way as follows if not completed earlier: a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter at 32 feet west of street centerline. b) c) e) f) g) h) i) edge of gutter. Construct full width sidewalk 10 feet wide. Construct driveways with 25 feet curb radii per approved improvement plan. Install "No Stopping Anytime" zone. Install signage and street striping per approved channelization plan. Relocate utilities per approved improvement plan. NOTE: The undergrounding of utilities is a condition of this development. Furnish ornamental street lighting with underground(~) service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per city Standard #1124 at locations in accordance with approved improvement plans. J) k) Install traffic signal at Lawson and Owens per approved plan. Connect roof drain from the nine story parking structure in the City of Orange to the city storm rain system as per approved Improvement Plans. Tentative Tract Map No. April 19, 1993 Page 8 of 11 14408 3. Improve Owens Drive as follows if not completed earlier: a) b) Remove existing curb, gutter, sidewalk and pavement; and construct new curb, gutter, sidewalk and pavement per approved improvement plan. Install "No Stopping Anytime" zone. c) Install signage and street striping per approved channelization plan. d) Relocate utilities per approved improvement plan. NOTE: The undergrounding of utilities is a condition of this development. e) f) Furnish ornamental street lighting with underground service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per city Standard #1124 at locations in accordance with approved improvement plans. g) Construct landscaped median per approved improvement plans. h) Construct park entry drive per approved improvement plans. 4. Construct storm drain system per approved storm drain improvement plans. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to the comments portion of the Submit a covenant addressing the trash pick up plan consistent with the letter from Shimizu America Corporation, dated October 11, 1991, and the letter from the City of Santa Ana, dated October 30, 1991, for approval by the Executive Director of the Public Works Agency. Record approved covenant as part of the Covenants, Conditions and Restrictions (CC&R's) against the property. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). Record the on site Traffic Operations Plan. Submit, have approved by the city and record CC&R's, including spproved Transportation Demand Management Plan. Prior to release of utilities (occupancy) of residential unit, complete the following: 1. Construct Concourse Drive (Main Street spproved plan. any Phase I non- Concourse) per · 421 Tentative Tract Map No. 14408 April 19, 1993 Page 9 of 11 Install traffic signal at Owens Drive & Concourse Drive (Main Street Concourse) per approved traffic signal plan and improvement plans for Lincoln properties. Install signage and striping on Owens Drive and Main Street per approved channelization plan. Modify traffic signal at the intersection of Main Street and Concourse Drive (Main Street Concourse) per approved Traffic Signal Plan. Remove and replace all damaged sidewalk. At the intersection of Lawson Way and Town & Country Road complete the following: 1) Stripe the eastbound approach for dual left-turn lanes, two through lanes, and two receiving lanes. 2) Stripe the northbound approach for one left-turn lane, two through lanes, and two receiving lanes. Pay a cash deposit of $100,000 for Neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. Construct driveway and other on-site work to "Lincoln" property per approved Improvement Plans. The following are conditions of Phase II: Prior to the issuance of any Phase II building permit, complete the following: 1. Dedicate new bus turn out area per approved plans. Vacate un-needed portion of existing bus turn out. NOTE: Contact the Redevelopment and Real Estate office for assistance in previous two items. Conduct Traffic Signal Warrants for the proposed traffic signal at the intersection of Lawson Way and private drive. These warrants are to be conducted prior to the issuance of each Phase II building permit. Secure traffic signal easements from the two properties on the east side of Lawson Way at the northernmost driveway per approved traffic signal plans. Secure approval by the Cities of Orange and Santa Aha for the Lawson Way traffic signal plans and easements. Pay a cash deposit of $50,000 for neighborhood traffic mitigation per Section 10(d) of the Development Agreement. 7. Submit an on site traffic operations plan. Tentative Tract Map No. April 19, 1993 Page 10 of 11 14408 Record maintenance agreement, for all non standard pavement & sidewalk treatments in the public right-of-way & easement The developer shall contribute its fair share of funds for the completion of the Owens Drive ultimate street improvements from the eastern city limits to Broadway. Prior to release of utilities (occupancy) of any Phase II building, complete the following: 1. Construct new Main Street bus turn out per approved improvement plan. Install traffic signal at the intersection of Lawson Way per approved traffic signal plans when warranted, but not later than the last Phase II building occupancy. Install signage and street striping on Lawson Way per the approved channelization plan. Satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guideway station. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). Restripe Parker Street at northbound left-turn lanes. permit requirements. La Veta to provide dual Contact City of Orange for 10. Record the on-site Traffic Operations Plan. Prior to release of utilities (occupancy) for either the second office building in Phase II of the development or for a hotel, whichever first occurs, comply with Section III B and the following: Pay a cash deposit of $650,000 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. Prior to release of utilities (occupancy) of each Phase II building, complete the following: . 1. Install traffic signal at the intersection of Lawson Way per approved traffic signal plans when warranted. Tentative Tract Map No. April 19, 1993 Page 11 of 11 14408 3. 4. 5. Install signage and street striping on Lawson Way per the approved channelization plan. Satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guideway station. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove and replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way.) Conditional Use Permit No. 92-9 March 8, 1993 Page 1 of 1 F~ndinqs Will the proposed use provide a service of facility which will contribute to the general well being of the neighborhood or the community? The helistop will provide a service to office tower tenants by providing an additional means of ingress and egress from the normal office tenant activities. Will the proposed use, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed helistop at the office tower is not anticipated to have a detrimental affeot to the persons residing or working in the area. The helistop will be an ancillary service for the tenants of the office tower. Any affects to the surrounding area should be negligible. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The ancillary service of the helistop at the office tower is not anticipated to have adverse impact on the economic stability or future economic development Of the surrounding area. The proposed helistop will provide the area with an additional amenity. Will the proposed use comply with the regulations and conditions specified in the Santa Aha . The proposed helistop at the office tower will comply with all regulations and coaditions specified in the Santa Ana Municipal Code and the Federal Aviation Administration rules and regulations pertaining to helicopter safety. Will the proposed use adversely affect the General Plan of the City? The proposed helistop will not have any adverse affect on the General Plan designation of District Center (DC). The proposed helistop is incidental to the office use which is permitted in the district. EXHIBIT D 425 Cond£t£onal Use Permit No. 92-9 April 19, 1993 Page 1 of 10 Conditions for Approval Should Conditional Use Permit No. 92-9 be approved, the project shall comply with all requirements and applicable sections of the santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building code and other applicable regulations. In addition, the project shall comply with the following conditions: A. Planning Di¥ision The flight approach and departure for the helistop shall parallel nearby freeways as permitted by air traffic control authorities. Environmental mitigation measures, as specified in the mitigation monitoring program shall be implemented by inclusion in project design or included in the C,C,&R's as operational standards and implemented by project management. An operation and protocol manual shall be submitted for review and approval prior to building permit of the building that the Helistop is located on. 4o The number of flights to the 32-story building helistop shall not exceed eight flights (four operations) per day, one per hour, or 88 per month maximum. Flights shall not arrive or depart before 7:00 a.m. or after 7:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends. Developer shall provide FAA approval prior to building permit. Use of the helistop shall be limited to "quiet" helicopters or similar as identified in the EIR. The period for initiation of the Conditional Use Permit shall be effective as long as the Development Agreement remains in effect. B. Police Department The approved security plan and parking operation plan are being made conditions of this project. Changes can be made only with mutual consent of the city and developer. Exiting from residence parking garage cannot be automatic opening loop - it must be clicker operated security gate. In addition, the guest parking must be equipped with security gates at ingress and egress. Elevators shall not include "reflective" glass backing. Stairwells must be open air to the exterior and Anterior of structure. The residential towers laundry facility must be relocated to living areas on upper floors. Police department submastered knox boxes must be installed at each vehicular and pedestrian access point. EXHIBIT E 42¸6 Conditional Use Permit No. 92-9 April 19, 1993 Page 2 of 10 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. The 32-story office tower emergency exit stairway tunnel - the exit doors into the parking structure must be equipped with hardware that allows egress only and must be alarmed. All enclosed corridors must be illuminated to a minimum maintained one- feet candle. Windows must be placed adjacent to all walkways coming from the parking structure. Transition walkway between commercial and residential must be illuminated to a minimum maintained one-foot candle. Exterior common elevators - these elevators must be glass backed. Hotel secured parking - there can be no common elevator access from this area to sublevel 1. Hotel secured parking must be equipped with CCTV cameras to cover access points and vehicles, Residential egress from parking garage must be by remote control. Ail parking exits, residential and commercial, not equipped with cashier booth must be equipped with a full security gate. Ail elevators are to be equipped with CCTC cameras, intercoms to a security station and, if recesses exist, convex mirrors. All prior parking structure specifications listed on 07-30-90 DRC review must be complied with. Duress alarms must be located at strategic locations throughout the two subterranean parking levels. Amend operations plan to indicate that exiting from residential parking garage will not be automatic opening loop but will be clicker operated security gate. Amend operations plan to indicate full security gates for ingress and egress into and from guest parking at residential structure. Each building must be equipped with rooftop address numbers meeting Police Department specifications. Above grade parking structure stairwells must be open to the exterior and interior of the structure. Hotel secured parking area mus~ be designed to exclude common access elevator bank. Conditional Use Permit No. 92-9 April 19, 1993 Page 3 of 10 Co Public Works Aqenc¥ 1. The following are Conditions for Phase Prior to February 1, 1993, the following improvement plans and dedications need to be received by the City of Santa Ana. Cash payments need to be received by no later than May S, 1992 for the sewer and February 7, 1992 for Owens Drive. In the event these dedications, improvement plans and/or cash payment are not received by said dates, then no building permit shall be issued at the project site which requires sewer connection or road widening prior to January 1, 1995. 1. Dedicate Owens Drive per approved street channelization plan. Dedicate Main Street including bus turn out per approved street channelization plan. Dedicate on-site 25 foot x 25 foot corner cutoff triangles at the northeast corner of Main Street and Owens Drive and the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street per approved traffic signal plans. Make a cash payment for completing Owens Drive. Right-of- way to ultimate street width per the Owens Street improvement plan and Shimizu Phase I development site plan including redesign of the park entry drive. Submft a street improvement plan for Main Street addressing the Phase I Shimizu site plan prepared by a registered engineer. Submit a street improvement plan for Owens Drive addressing the Phase I Shimizu site plan depicting all required revisions for project development prepared by a registered engineer. Pay a cash deposit in the amount of $448,000.00 and execute a reimbursement agreement with the City of Santa Aha to fund construction and design for a sewer line from the Orange County Sanitation District trunk system to the project site. Submit plans with all approved revisions as required for the sewer construction from the OCSD and the City of Santa Aha for serving the. Shimizu project (i.e., Phases I & II). Prior to the issuance of any building permit for Phase I, complete the following if not completed earlier at developer's option~ Dedicate Owens Drfve per approved street channelization plan. Conditional Use Permit No. 92-9 April 19, 1993 Page 4 of 10 7o 9° 10. 11. 12. 13. 14. Dedicate Main Street per approved street channelization plan, includinq the "Polly's Pies" required street dedication & bus turn out Der the terms of the develoDment aqreement. Dedicate 25 feet x 25 feet corner cutoff triangles at the northeast corner of Main Street and Owens Drive and the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street at Concourse Drive (Main Street Concourse), on Owens Drive at Concourse Drive (Main Street Concourse) and on Lawson, Lawson at private drive. Make a cash payment for completing Owens Drive and Main Street right-of-way to ultimate street widths per the Owens Drive street improvement plan and Shimizu Phase I development site plan. Pay a cash deposit in the amount of $448,000 and execute a reimbursement agreement with the City of Santa Aha to fund construction and design for a sewer line from the OranGe County Sanitation District trunk system to the project site. Secure a traffic signal easement from the "Lincoln" property, per approved traffic signal plan. Secure plan approval and a construction easement from the "Lincoln" property for the Owens Drive driveway and traffic signal per approved improvement plans. Pay a fair share cash payment in the amount of $350,000 for the future improvement of the intersection of Main Street and Town and Country Road. Submit an on-site Traffic Operations Plan in compliance with the projects final EIR. Pay a cash deposit of $20,000 for Neighborhood Traffic Mitigation per the Development Agreement. Record a maintenance agreement for all non-standard pavement and or sidewalk areas in public right-of-way of easement areas approved by the Public Works Agency. Secure a street work permit from the City of Orange for work on Lawson Way in the City of Orange including connecting the roof drain from the nine story parking structure to the City of Santa Ana storm drain system. Prior to the issuance of a building permit comply with one of the following: a) The developer of the Main Street Concourse Project~' shall have acquired the Polly's Pies site. Conditional Use Permit No. 92-9 April 19, 1993 Page 5 of 10 b) The developer of the Main street Concourse Project shall have entered into an agreement with the community Redevelopment Agency of the City of Santa Aha whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. c) The developer of the Main Street Concourse Project shall have obtained approval by the city (subject to reasonable conditions) of (a) a tentative subdivision map which does not include the Polly;s Pies site, and (b) a development plan for the Main Street Concourse Project, in accordance with the zoning regulations applicable to the SD district, which assumes the non-acquisition of the Polly's Pies site by the developer. Co 15. Obtain a National Pollutant Discharge Elimination system Stormwater Permit from the County of Orange. Prior to the issuance of a utility release for any Phase building and prior to the issuance of any non-residential building permit, comply with the following: Pay a cash deposit of $50,000.00 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. 2. Submit, have approved by the city and record CC&R's, including approved Transportation Demand Management Plan. Prior to release of utilities (occupancy) of any Phase I residential unit, complete the following: Improve Main Street as follows if not completed earlier: a) b) c) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter per approved street Improvement Plans. Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk, 10 feet wide including the "Polly's Pies" street frontage per approved Improvement Plan and terms of the Development Agreement. d) Construct driveway with 25 foot curb radii per approved Improvement Plan. 0 0 0 e) Install "No Stopping Anytime" zone. Conditional Use Permit No. 92-9 April 19, 1993 Page 6 of 10 f) Install signage and street striping per approved channelization plan. g) h) i) J) Relocate utilities per approved NOTE: The undergrounding of condition of this development. Improvement Plan. utilities ia a Furnish ornamental street lighting with underground service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 et locations in accordance with approved improvement plans. Prior to the issuance of any Main Street bus shelter permit, the developer must comply with the terms of the Development Agreement (Section II-(2) and city permits as appropriate.) k) Construct landscaped median per approved improvement plans. Improve Lawson Way as follows if not completed earlier= a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter at 32 feet west of street centerline. b) Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk 10 feet wide. d) Construct driveways with 25 feet curb radii per approved improvement plan. e) f) Install "No Stopping Anytime" zone. Install signage and street striping per approved channelization plan. g) Relocate utilities per approved improvement plan, NOTE: The undergrounding of utilities is a condition of this development. h) Furnish ornamental street lighting with underground service as directed by the City Engineer. i) Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. j) Install traffic signal at Lawson and Owens per approved plan. Conditional Use Permit No. 92-9 April 19, 1993 Page 7 of 10 k) Connect roof drain from the nine story parking structure in the City of Orange to the city storm drain system as per approved Improvement Plans, Improve Owens Drive as follows if not completed earlier: a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb, gutter, sidewalk and pavement per approved improvement plan. b) Install "No Stopping Anytime" zone. c) Install signage and street striping per approved channelization plan. d) Relocate utilities per approved improvement plan. NOTE: The undergrounding of utilities is a condition of this development. e) f) Furnish ornamental street lighting with underground service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. 4e g) Construct landscaped median per approved improvement plans. h) Construct park entry drive per approved improvement plans. Construct storm drain system per approved storm drain improvement plans. Developer shall comply with all mitigation measures~ applicable to the project as set forth in the draft EIR and as modified in the response to the comments portion of the0 EIR. Submit a covenant addressing the trash pick up plan consistent with the letter from Shimizu AmericaO Corporation, dated October 11, 1991, and the letter the City of Santa Aha, dated October 30, 1991, for approval~ by the Executive Director of the Public Works Agency. Record approved covenant as part of the Covenants, Conditions and Restrictions (CC&Rs) against the property. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). Record the on site Traffic Operations Plan. Submit, have approved by the city and record CC&R'S, including approved Transportation Demand Management Plan. ,432 Conditional Use Permit No. 92-9 April 19, 1993 Page S of 10 eo Prior to release of utilities (occupancy) of any Phase I non- residential unit, complete the following: 1. Construct Concourse Drive (Main Street Concourse) per approved plan. Install traffic signal at Owens Drive & Concourse Drive (Main Street Concourse) per approved traffic signal plan and improvement plans for Lincoln properties. Install signage and striping on Owens Drive and Main Street per approved channelization plan. Modify traffic signal at the intersection of Main Street and Concourse Drive (Main Street Concourse) per approved Traffic Signal Plan. 5. Remove and replace all damaged sidewalk. At the intersection of Lawson Way and Town & Country Road complete the following: 1) Stripe the eastbound approach for dual left-turn lanes, two through lanes, and two receiving lanes. 7o 2) Stripe the northbound approach for one left-turn lane, two through lanes, and two receiving lanes. Pay a cash deposit of $100,000 for Neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. So Construct driveway and other on-site work to "Lincoln" property per approved Improvement Plans. The following are conditions of Phase II: a. Prior to the issuance of any Phase II building permit, complete the following: 1. Dedicate new bus turn out area per approved plans. Vacate un-needed portion of existing bus turn out. NOTE: Contact the Redevelopment and Real Estate office for assistance in previous two items. Conduct Traffic Signal Warrants for the proposed traffic signal at the intersection of Lawson Way and private drive. These warrants are to be conducted prior to the issuance of each Phase II building permit. Secure traffic signal easements from the two properties on the east side of Lawson Way at the northernmost driveway per approved traffic signal plans. Secure approval by the Cities of Orange and Santa Aha for the Lawson Way traffic signal plans and easements. 433 Conditional Use Permit No. 92-9 April 19, 1993 Page 9 of 10 Pay a cash deposit of $50,000 for neighborhood traffic mitigation per Section 10(d) of the Development Agreement. Submit an on site traffic operations plan. Record maintenance agreement, for all non standard pavement & sidewalk treatments in the public right-of-way & easement areas. The developer shall contribute its fair share of funds for the completion of the owens Drive ultimate street improvements from the eastern city limits to Broadway. Prior to release of utilities (occupancy) of any Phase building, complete the following: 1. Construct new Main Street bus turn out per approved improvement plan. Install traffic signal at the intersection of Lawson Way per approved traffic signal plans when warranted, but not later than the last Phase II building occupancy. Install signage and street striping on Lawson Way per the approved channelization plan. Satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guldeway station. 6o 10. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). Reetripe Parker Street at La Veta to provide dual northbound left-turn lanes. Contact City of Orange for permit requirements. Record the on-site Traffic Operations Plan. Prior to release of utilities (occupancy) for either the second office building in Phase II of the development or for a hotel, whichever first occurs, comply with Section III B and the following: Pay a cash deposit of $650,000 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. Conditional Use Permit No. 92-9 April 19, 1993 Page 10 of 10 Prior to release of utilities (occupancy) of each Phase II building, complete the following: Install traffic signal at the intersection of Lawson Way per approved traffic signal plans when warranted. Install signage and street striping on Lawson Way per the approved channelization plan. Satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guideway station. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove & replaoe all damaged sidewalk (Main Street, Owens Drive & Lawson Way.) ,J35 Varianoe No. 92-4 March 8, 1993 Page i of i Findinqe That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the inten~ and purpose of the provisions of the Municipal Code; Because of the mixed use nature of the project, the shared parking relationship of uses and the interaction between uses and the applicant's ability to mitigate the negative impacts of the multiple uses, the strict application of the parking standards is unwarranted. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The proposed parking reduction based on shared uses is consistent with the intent of the code; therefore the granting of the variance will allow the site to be occupied similar to other commercial and residential uses in the area. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The proposed project meets or exceeds all development standards except for off-street parking requirements. The proposed project is able to mitigate the detrimental impacts of the required off-street parking by providing a parking management plan which will provide for shared parking for different uses at differen~ times. That the granting of a variance will not adversely affect the General Plan of the city; The granting of the variance will not adversely affect the City's General Plan designation for the area of 0istrict Center (DC) because a mixed use development is consistent with the District Center land use classification. EXHIBIT F Variance No. 92-4 April 19, 1993 Page 1 of 10 Conditions for Approval Should Variance No. 92-4 be approved, the project shall comply with all requirements and applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and other applicable regulations. In addition, the project shall comply with the following conditions: A. Planninq Division Ail circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic lanes, parking management, valet and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. Such operational plans shall be updated prior to Certificate of Occupancy of the office towers of each phase of development. The proposed non-residential parking requirement relief shall not be greater than proportional to phase size and no more than a 20% maximum reduction. Prior to Phase II, the parking requirement may be reexamined at the developer's option, the parking requirement as determined through parking demand study of occupied Phase I, may be readjusted (up or down) by the Planning Commission as a condition of Phase II building permits. Environmental mitigation measures identified in the mitigation monitoring program shall be implemented by inclusion in project design or included in the project CC&R's as operational standards and implemented by project management. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse four car garage that will disrupt the ability to park resident and guest vehicles in all four spaces. The CC&R's shall prohibit recreational vehicle parking or storage on- site. The period for initiation of the Variance shall be effective as long as the Development Agreement remains in effect. Police Department 1. The approved security plan and parking operation plan are being made a condition of this project. Changes can be made only with mutual consent of the city and developer. 2. Exiting from residence parking garage cannot be automatic opening loop - it must be clicker operated security gate. In addition, the guest parking must be equipped with security gates at ingress and egress. 3. Elevators shall not include "reflective" glass backing. 4. Stairwells must be open air to the exterior and interior of structure. 5. The residential towers laundry facility must be relocated to living areas on upper floors. EXHIBIT G Variance No. 92-4 April 19, 1993 Page 2 of 10 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Police department submastered knox boxes must be installed at each vehicular and pedestrian access point. The 32-story office tower emergency exit stairway tunnel - the exit doors into the perking structure must be equipped with hardware that allows egress only and must be alarmed. Ail enclosed corridors must be illuminated to a minimum maintained one- feet candle. Windows must be placed adjacent to all walkways coming from the parking structure. Transition walkway between commercial and residential must be illuminated to a minimum maintained one-foot candle. Exterior common elevators - these elevators must be glass backed. Hotel secured parking - there can be no common elevator access from this area to sublevel 1. Hotel secured parking must be equipped with CCTV cameras to cover access points and vehicles. Residential egress from parking garage must be by remote control. All parking exits, residential and co~aercial, not equipped with a cashier booth must be equipped with a full security gate. All elevators are to be equipped with CCTC cameras, intercoms to a security station and, if recesses exist, convex mirrors. All prior parking structure specifications listed on 07-30-90 DRC review must be complied with. Duress alarms must be located at strategic locations throughout the two subterranean parking levels. Amend operations plan to indicate that exiting from residential parking garage will not be automatic opening loop but will be clicker operated security gate. Amend operations plan to indicate full security gates for ingress and egress into and from guest parking at residential structure. Each building must be equipped with rooftop address numbers meeting Police Department specifications. Above grade parking structure stairwells must be open to the exterior and interior of the structure. Hotel secured parking area must be designed to exclude common access elevator bank. Variance NO. 92-4 April 19, 1993 Page 3 of 10 Public Works ~qency The following are ~onditions for Phase Prior to February 1, 1993, the following improvement plans and dedications need to be received by the City of Santa Ans. Cash payments need to be received by no later than May 8, 19~2 for the sewer and February 7, 1992 for Owens Drive. In the event these dedications, improvement plans and/or cash payment are not received by said dates, then no building permit shall be issued at the project site which requires sewer connection or road widening prior to January 1, 1995. Dedicate Owens Drive per approved street channelization plan. Dedicate Main Street including bus turn out per approved street channelization plan. Dedicate on-site 25 foot x 25 foot corner cutoff triangles at the northeast corner of Main Street and Owens Drive and the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street per approved traffic signal plans. 5o Make a cash payment for completing Owens Drive. Right-of- way to ultimate street width per the Owens Street improvement plan and Shimlzu Phase I development site plan including redesign of the park entry drive. Submit a street improvement plan for Main Street addressing the Phase I Shimizu site plan prepared by a registered engineer. Submit a street improvement plan for Owens Drive addressing the Phase I Shimizu site plan depicting all required revisions for project development prepared by a registered engineer. Pay a cash deposit in the amount of $448,000.00 and execute a reimbursement agreement with the City of Santa Aha to fund construction and design for a sewer line from the Orange County Sanitation District trunk system to the project site. Submit plans with all approved revisions as required for the sewer construction from the OCSD and the City of Santa Aha for serving the'Shimizu project (i.e., Phases I & II). Prior to the issuance of any building permit for Phase I, complete the following if not completed earlier at developer's option: 1. Dedicate Owens Drive per approved street channelization__ -- plan. Variance No. 92-4 April 19, 1993 Page 4 of 10 Dedicate Main Street per approved street channelization plan, ~nclsdl~q the "Polly's Pies" required street dedication & bus turn out per the terms of the development agreement. Dedicate 25 feet x 25 feet corner cutoff triangles at the northeast corner of Main Street and Owens Drive and the northwest corner of Owens Drive and Lawson Way. Dedicate on-site traffic signal easements on Main Street at Concourse Drive (Main Street Concourse), on Owens Drive at Concourse Drive (Main Street Concourse) and on Lawson, Lawson at private drive. Make a cash payment for completing Owens Drive and Main Street right-of-way to ultimate street widths per the Owens Drive street improvement plan and Shimizu Phase I development site plan. Pay a cash deposit in the amount of $448,000 and execute a reimbursement agreement with the City of Santa Aha to fund construction and design for a sewer line from the Orange County Sanitation District trunk system to the project site. Secure a traffic signal easement from the "Lincoln" property, per approved traffic signal plan. Secure plan approval and a construction easement from the "Lincoln" property for the Owens Drive driveway and traffic signal per approved improvement plans. Pay a fair share cash payment in the amount of $350,000 for the future improvement of the intersection of Main Street and Town and Country Road. 10. Submit an on-site Traffic Operations Plan in compliance with the projects final EIR. 11. 12. 13. 14. Pay a cash deposit of $20,000 for Neighborhood Traffic ~litigation per the Development Agreement. Record a maintenance agreement for all non-standard pavement and or sidewalk areas in public right-of-way of easement areas approved by the Public Works Agency. Secure a street work permit from the City of Orange for work on Lawson Way in the City of Orange including connecting the roof drain from the nine story parking structure to the City of Santa Aha storm drain system. Prior to the issuance of a building permit comply with one of the following: 0 0 0 0 ~l~ a) The developer of the Main Street Concourse Project shall have acquired the Polly's Pies site. 440 Variance NO. 92-4 April 19, 1993 Page $ of 10 b) The developer of the Main Street Concourse Project shall have entered into an agreement with the Community Redevelopment Agency of the city of Santa Ana whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. c) The developer of the Main Street Concourse Project shall have obtained approval by the city (subject to reasonable conditions) of (a) a tentative subdivision map which does not include the Polly;s Pies site, and (b) a development plan for the Main Street Concourse Project, in accordance with the zoning regulations applicable to the SD district, which assumes the non-acquisition of the Polly's Pies site by the developer. 15, Obtain a National Pollutant Discharge Elimination System Stormwater Permit from the County of Orange. Co Prior to the issuance of a utility release for any Phase building and prior to the issuance of any non-residential building permit, comply with the following: Pay a cash deposit of $50,000.00 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. Submit, have approved by the city and record CC&R's, including approved Transportation Demand Management Plan. Prior to release of utilities (occupancy) of any Phase I residential unit, complete the following: 1. Improve Main Street as follows if not completed earlier: a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter per approved street Improvement Plans. b) c) Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk, 10 feet wide including the "Polly's Pies" street frontage per approved Improvement Plan and terms of the Development Agreement. d) Construct driveway with 25 foot curb radii per approved Improvement Plan. e) Install "No Stopping Anytime" zone. Variance No. 92-4 April 19, 1993 Page 6 of 10 f) Install signage and street striping per approved channelization plan. g) Relocate utilities per approved Improvement Plan. NOTE: The undergrounding of utilities is a condition of this development. n) Furnish ornamental street lighting with underground service as directed by the City Engineer. i) J) Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. Prior to the issuance of any Main Street bus shelter permit, the developer must comply with the terms of the Development Agreement (Section II-(2) and city permits as appropriate.) k) Construct landscaped median per approved improvement plans. Improve Lawson Way as follows if not completed earlier: a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb and gutter at 32 feet west of street centerline. b) c) Construct new pavement from street centerline to new edge of gutter. Construct full width sidewalk 10 feet wide. d) Construct driveways with 25 feet curb radii per approved improvement plan. e) Install "No Stopping Anytime" zone. f) Install signage and street striping channelization plan. per approved g) Relocate utilities per approved improvement plan. NOTEI The undergrounding of utilities is a condition of this development. h) i) Furnish ornamental street lighting with underground service as directed by the City Engineer. Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. j) Install traffic- signal at Lawson and Owens per approved plan. k) Connect roof drain from the nine story parking structure in the City of Orange to the city storm drain system as per approved Improvement Plans. Variance No. 92-4 April 19, 1993 Page 7 of 10 Improve Owens Drive as follows if not completed earlier: a) Remove existing curb, gutter, sidewalk and pavement; and construct new curb, gutter, sidewalk and pavement per approved improvement plan. b) Install "No Stopping Anytime" zone. c) Install signage and street striping per approved channelization plan. d) Relocate utilities per approved improvement plan. NOTE= The undergrounding of utilities is a condition of this development. e) Furnish ornamental street lighting with underground service as directed by the City Engineer. f) Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. g) Construct landscaped median per approved improvement plans. h) Construct park entry drive per approved improvement plans. Construct storm drain system per approved storm drain improvement plans. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to the comments portion of the EIR. 6o Submit a covenant addressing the trash pick up plan consistent with the letter from Shimizu America Corporation, dated October 11, 1991, and the letter from the City of Santa Ana, dated October 30, 1991, for approval by the Executive Director of the Public Works Agency. Record approved covenant as part of the Covenants, Conditions and Restrictions (CC&Rs) against the property. 7. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). 8. Record the on site Traffic Operations Plan. 9. Submit, have approved by the city and record CC&R's, including approved Transportation Demand Management Plan. Prior to release of utilities (occupancy) of any Phase I non- residential unit, complete the following: 1. Construct Concourse Drive (Main Street Concourse) per approved plan. Variance No. 92-4 April 19, 1993 Page 8 of 10 Install traffic signal at Owens Drive & Concourse Drive (Main Street Concourse) per approved traffic signal plan and improvement plans for Lincoln properties. Install signage and striping on Owens Drive and Main Street per approved channelization plan. Modify traffic signal at the intersection of Main Street and Concourse Drive (Main Street Concourse) per approved Traffic Signal Plan. 5. Remove and replace all damaged sidewalk. At the intersection of Lawson Way and Town & Country Road complete the following: 1) Stripe the eastbound approach for dual left-turn lanes, two through lanes, and two receiving lanes. 2) Stripe the northbound approach for one left-turn lane, two through lanes, and two receiving lanes. 7. Pay a cash deposit of $100,000 for Neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. 8. Construct driveway and other on-site work to "Lincoln" property per approved Improvement Plans. ~ The following are conditions of Phase II: ~ a. Prior to the issuance of any Phase II building permit, complete~ the following: ~ 1. Dedicate new bus turn out area per approved plans. ~ 2. Vacate un-needed portion of existing bus turn out. ~ NOTE: Contact the Redevelopment and Real Estate office fo~ assistance in previous two items.~ 3. Conduct Traffic Signal Warrants for the proposed traffic~ signal at the intersection of Lawson Way and private driveO These warrants are to be conducted prior to the issuance o9 each Phase II building permit. 4. Secure traffic signal easements from the two properties on the east side of Lawson Way at the northernmost driveway per approved traffic signal plans. 5. Secure approval by the Cities of Orange and Santa Ana for the Lawson Way traffic signal plans and easements. 6. Pay a cash deposit of $50,000 for neighborhood traffic mitigation per Section 10(d) of the Development Agreement. 7. Submit an on site traffic operations plan. 8. Record maintenance agreement, for all non standard pavement 444 Variance No. 92-4 April 19, 1993 Page 9 of 10 & sidewalk treatments in the public right-of-way & easement areas. The developer shall contribute its fair share of funds for the completion of the Owens Drive ultimate street improvements from the eastern city limits to Broadway. Prior to release of utilities (occupancy) of any Phase building, complete the following: 1. Construct new Main Street bus turn out per approved improvement plan. Install traffic signal at the intersection of Lawson Way per approved traffic signal plans when warranted, but not later than the last Phase II building occupancy. Install signage and street striping on Lawson Way per the approved channelization plan. Satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guideway station. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. 7o Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way). Restripe Parker Street at La Veta to provide dual northbound left-turn lanes. Contact City of Orange for permit requirements. 10. Record the on-site Traffic Operations Plan. Co do Prior to release of utilities (occupancy) for either the second office building in Phase II of the development or for a hotel, whichever first occurs, comply with Section III B and the following: Pay a cash deposit, of $650,000 for neighborhood Traffic Mitigation per Section 10(d) of the Development Agreement. Prior to release of utilities (occupancy) of each Phase II building, complete the following: 1. Install traffic signal at the intersection of Lawson Way -- per approved traffic signal plans when warranted. Variance No. 92-4 April 19, 1993 Page 10 of 10 3. 4. 5. Install signage and street striping on Lawson Way per the approved channelization plan. satisfy terms per the development agreement for option of a pedestrian bridge over Main Street. Satisfy terms per the development agreement for option of a fixed guideway station. Construct driveways, street lights, landscaping, sidewalk, and street trees per approved Owens and Main Street improvement plans and Development Agreement. Developer shall comply with all mitigation measures applicable to the project as set forth in the draft EIR and as modified in the response to comments portion of the EIR. Remove & replace all damaged sidewalk (Main Street, Owens Drive & Lawson Way.)