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Home My WebLink About75F - ONE BROADWAY PLAZA REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING CATE: JlJLY 6, 2004 TITLE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 1999-0~, AMENDMENT APPLICATION NO. 2004-01, GENERAL PLAN AMENDMEN'r NO. 2004-01, ZONING ORDINANCE AMENDMEN'r NO. 2004-02, DEVELOPMENT AGREEMENT 2004-01 AND TENTATIVE PARCEL MAP 2004-02 (COUNTY MAP NO. 2003-262) 'OR THE ö:;Jiã" o,~,cx TOWP CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1'( Reading 0 Ordinance on 2'" Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO ~.-o~ FILE NUMBER Adopt a resolution certifying Final Environmental Impact Report No. 1999-01 and approve the Mitigation Monitoring Program as amended and Statement of Overriding Considerations. 1. Adopt an ordinance approving Amendment Application No. the One Broadway Specific Development District [Specific No. 75 (SD-75)]. 2. 2004-01 for Development 3. Adopt a resolution approving General Plan Amendment No. 2004-01. 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-02. 5. Adopt an ordinance approving Development Agreement No. 2004-01. 6. Adopt a resolution approving Tentative (County Map No. 2003-262) as conditioned. 2004-02 PLANNING COMMISSION ACTION Parcel Map No. On June 14, 2004, the Planning Commission recommended that the City Council adopt additional mitigation measures in response to comments from the Santa Ana Unified School District, adopt an ordinance approving Development Agreement No. 2004-01 and adopt a resolution approving Tentative Parcel Map No. 2004-01 by a vote of 6:1 (Sinclair opposed) (Exhibit B) . 75F-1 EIR No. 99-01, GPA No. 04-0l, DA No. 2004-0l July 6, 2004 Page 2 AA No. 04-01, ZOA No. 04-02, and TPM No. 2004-02 DISCUSSION Analysis of the Issues On February 23, 2004, the Planning Commission held a public hearing for the various entitlements associated with the One Broadway Office Tower proposed at 1109 North Broadway (Exhibit A). At this hearing, 33 members of the public spoke on the project. At the conclusion of the public hearing, the Commission voted that the City Council certify the Final Environmental Impact Report No. 1999-01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations for the project. Additionally, the Commission recommended that the Council adopt an ordinance approving Amendment Application No. 2004-01 and Zoning Ordinance Amendment No. 2004-02 and adopt a resolution approving General Plan Amendment No. 2004-01 due to the numerous benefits the project would bring to the City. However, in addition, the Planning Commission recommended several amendments for the development. These amendments included the addition of five mitigation measures, the amendment of one mitigation measure, and changes to the Specific Development. The changes recommended by the Planning Commission were: 1. The traffic barriers become permanent; currently located within French Park shall 2. Westbound traffic on Washington Avenue must be diverted either north or south at Main Street; 3. Eastbound traffic on Tenth Street must be diverted either north and south at Main Street; 4. The historic structure located to a City approved site and be and utility service; at 1015 North Broadway be relocated provided with a permanent foundation 5. The historic structure located at 1109 North Broadway be relocated to a vacant lot in the City and be rehabilitated, including construction of a permanent foundation and utility service; 6. Amend Mitigation Measure No. T-1 to limit the start of construction on Saturdays to 8 a.m.; 7 SF=-2 EIR No. 99-0l, GPA No. 04-01, DA No. 2004-01 July 6, 2004 Page 3 AA No. 04-01, ZOA No. 04-02, and TPM No. 2004-02 7. Modify Item 4 of the Permitted Uses section of the Specific Development No. 75 document to state "cafes and restaurants, except fast food and/or take-out restaurants;" and, 8. Add Item 7 of the Conditionally Specific Development No. 75 document out restaurants." Permitted Uses section of the to state "fast food and/or take- On March l5, 2004, the City Council held a public hearing for the One Broadway development. After receiving public testimony on the project and a discussion by the City Council, formal action on the various entitlements under consideration was continued for 60 days. During this interim period, staff met with a newly created Council Ad Hoc Committee, which assisted in preparing the terms and conditions for the development agreement. Also, the Council identified specific issues and standards the development agreement should address including construction costs, preservation of historic structures, traffic mitigation measures, and benchmarks for issuance of building permits. Since the March 15, 2004 public hearing, staff has met on numerous occasions with the Ad Hoc Committee and the applicant. As a result of these meetings and extensive negotiations, a development agreement has been prepared (Exhibit B-1). This agreement has incorporated the major issues raised by the City Council at the March City Council hearing as well as those issues raised by the Ad Hoc Committee. These issues include: 1. prohibiting the issuance of any building permit for the Project until the Developer provides evidence of binding commitments for lease of not less than 50 percent of the net leasable area in the Project from tenants who would qualify as "Investment Grade Tenants" (BBB-or greater) as rated by either Standard & Poor's or Moody's rating agencies. Non-rated publicly held, or private companies with a rating of BB or BB+ may meet this requirement by providing a "Shadow Rating" from either agency depicting a minimum of a neutral credit outlook. Law firms shall provide evidence of a rating of "AV" from Matindale-Hubbell or equivalent rating agency. Binding commitments to lease shall be in a form and content normally accepted by conventional lending institutions and subject to the review and approval of the City's Executive Director of Planning and Building which shall not be unreasonably withheld; 7 SF-3 EIR No. 99-01, GPA No. 04-01, DA No. 2004-01 July 6, 2004 Page 4 AA No. 04-0l, ZOA No. 04-02, and TPM No. 2004-02 2. Requiring the developer to submit evidence, for the provision of the payment of "Prevailing" and/or "Area Standard Wages" as appropriate, that it has entered into a labor agreement with the Los Angeles and Orange Counties Building and Construction Trades Council. Said agreement shall also include provisions that encourage the referral and utilization, to the extent permitted by law, of qualified residents as journeymen, apprentices and trainees. An executed copy of the agreement shall be submitted to the City prior to the issuance of building permits¡ Prohibiting the developer to request or accept any agreement with the Santa Ana Community Redevelopment Agency for economic, debt service payments, or other assistance for the development of the project¡ 3. 4. A provision that all offsite mitigation measures identified in the entitlements shall be specifically listed and incorporated into the Agreement (the "Project Mitigation Measures"). Developer shall deposit cash, security in a form acceptable to the City's Executive Director of Public Works Agency, or other reasonably acceptable proof of ability to perform to pay for the Project Mitigation Measures (including traffic studies) at the time called for in the entitlement, and in any event, prior to the issuance of building permits. Any deposit shall be supplemented to cover the actual costs incurred. The Public Works Agency shall provide to the Developer an estimate of the Project Mitigation Measures which shall include land acquisition and construction costs pertaining to the public improvements required of the project¡ 5. Defining and requiring core construction costs of the Project shall not be less than the RS Means "Medium" square footage estimate, including the installation cost of all mechanical and electrical equipment for a Class A high rise office building¡ 6. Requiring the drop off/pick up area for Orange County High School of the Arts (OCHSA) be approved by the City Engineer and implemented before any demolition or construction is initiated for the Project¡ 7. Relocating the historic structure located at 1015 North Broadway (Twist-Basler House) to Cabrillo Park at the sole expense of the Developer. Additionally, the structure shall be set upon a new foundation, supplied with all necessary utilities and shall be rehabilitated to City standards. The cost of rehabilitation shall serve as a credit against the Developer's Art and Culture fee obligation; and '75F..4 EIR No. 99-0l, GPA No. 04-0l, DA No. 2004-01 July 6, 2004 Page 5 AA No. 04-0l, ZOA No. 04-02, and TPM No. 2004-02 8. Retaining the structure at Il09 N. Broadway (Koenig House) current location. The Developer shall be responsible for rehabilitation of the structure per City standards. Retaining and rehabilitating the Koenig House at its current location will enhance historic preservation and strengthen the streetscape character of Broadway. In order to maintain the Koenig House on-site, egress from the parking structure onto Broadway has been modified to reduce the two egress lanes to a single lane with right-turn restrictions, which will include the construction of a landscaped median in Broadway. This will also allow the elimination of the previously proposed traffic signal. Staff from the Public Works Agency has evaluated the effects of these circulation changes, including an analysis of the levels of service of affected intersections, and found that they will result in no new significant traffic impacts. In fact, retaining the Koenig House will lessen the project I s environmental effects by preserving, rehabilitating and re-using a significant historic resource. its the The Mitigation Monitoring Program has been revised to reflect these changes. More specifically: Traffic Measure No. 18 (T-18) has been revised to eliminate the traffic signal and require a landscaped median in Broadway to prevent left turns; and, Cultural Resources Measures Nos. 1, 2, 4 and 9 (CR-l, CR-2, CR-4 and CR-9) have been revised to reflect the change requiring the Koenig House to be retained at its present location and to be rehabilitated by the applicant. The development agreement addresses the issues raised by the City Council at their March meeting. The tentative parcel map, which merges several existing lots on the project site, is in compliance with all applicable State and local regulations. The Final Environmental Impact Report, Mitigation Monitoring Plan, Findings of Fact and Statement of Overriding Consideration for One Broadway Plaza has been revised to address the inclusion of a Development Agreement, the addition of mitigation measures to reduce impacts to historical resources and pedestrian safety, the construction of a student drop off for Orange County High School of the Arts and modifications to the egress of the project parking structure. Attached are the revisions to the Final Environmental Impact Report, Mitigation Monitoring Plan, Findings of Fact and Statement of Overriding Consideration. 7 SF-5 EIR No. 99-01, GPA No. 04-01, DA No. 2004-01 July 6, 2004 Page 6 AA No. 04-0l, ZOA No. 04-02, and TPM No. 2004-02 FISCAL IMPACT There is no fiscal impact associated with this action. JJ6 Á 7~ Stephen G. Har 'ng Executive Director Planning & Building Agency VF\VC:rb vf\reports\shorte1r99-01&aa&gpa04-01&zoa04-02da04-01tpm04-Q2.07-06-04.cc 15F..6 KO- 06/30/04 RESOLUTION NO. 2004-020 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPERTY lOCATED AT ONE BROADWAY PLAZA BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of various entitlements in order to construct a thirty-seven (37) story, 493 feet in height, office tower located at One Broadway. On February 23, 2003, the Planning Commission held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. B. C. Adopt an ordinance approving the rezoning the property located at One Broadway Plaza from Midtown Specific Plan No.3 (SP-3) to One Broadway Specific Development District (SD-75), Amendment Application No. 2004-01. Adopt an ordinance amending to the Midtown Specific Plan (SP-3) (lOA No. 2004-02). Adopt a resolution amending the General Plan of the City of Santa Ana to increase the Floor Area Ratio to 2.9, to classify streets as local Commercial Streets, and to modify the Urban Design Element (GPA No. 2004-01). The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for One Broadway on March 15, 2004, and at that time considered all testimony, written and oral. After closing this hearing, the City Council directed that a Development Agreement be negotiated. On June 14, 2004, the Planning Commission, held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 3. 2. 4. D. 75F-7 Resolution No. 2004-020 Page 1 of 5 E. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. Adopt and ordinance approving Development Agreement No. 2004- 01. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. On July 6, 2004, the City Council held a second duly noticed public hearing on the abovesaid actions for One Broadway, and at that time considered all testimony, written and oral. Due to the size of the project and the impacts to the environment, an Environmental Impact Report (EIR) was prepared for this project. 1. For over three years, the City has considered a project to build a thirty-seven (37) story office building consisting of 518,003 square feet of office area, 8,525 square feet of retail area, 18,596 square feet of restaurant area and an eight (8) level parking structure on Broadway. On October 7, 1999, a Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which was at that time described as a 44 story office building with an adjacent parking structure. These structures would be built on a site which is currently developed with a number of homes which have been converted to a variety of older office/business uses, a shoe repair shop, and an apartment building. Most of these uses would have to be removed to make way for project improvements. a. On February 12, 2001, a Recirculation of Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which was at that time described abandonment and closing of a segment of Sycamore Street between Washington Street and 10th Street to allow for construction of the proposed 8-level parking structure, a reduction in the height of the office building from 44 stories to 38 stories, and the inclusion of helipad on the roof of the office building. A significant number of community meetings, public meetings and public hearings have been subsequently held to consider this proposed project. As a result of these community meetings and public comments three (3) alternatives to the proposed project were developed and various impacts were identified to be studied. As a result of this input, the City prepared a Draft EIR for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring 1. 2. 3. F. 2. 3. 4. 7 5F-8 Resolution No. 2004-020 Page 2 of 5 5. communities and districts, neighborhoods in the vicinity and the requesting public. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR and errata). A proposed mitigation monitoring plan has been prepared, as has 50 pages of certain facts, findings and statements, which are attached to this Resolution. At its regular meeting of February 23, 2003, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, voted by a vote of 6:1 (Sinclair opposed) to recommend to the City Council that it adopt this Final EIR, the mitigation monitoring plan, and certain facts, findings and statements. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of March 15, 2004 and the second duly noticed public hearing held at its regularly scheduled meeting of July 6, 2004. 6. 7. 8. All attached documents, including the Final EIR, the mitigation monitoring plan, the 50 pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. At the July 6, 2004 meeting, the City Council also adopted an ordinance amending the Midtown Specific Plan (ZOA No. 2004-02) and rezoning the property (M No. 2004-01), a resolution amending the City's general plan (GPA No. 2004-01), and a resolution approving Tentative Tract Map No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies G. 7 SF-9 Resolution No. 2004-020 Page 3 of 5 and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. 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 XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. ADOPTED this - day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Otto Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Council members NOT PRESENT: Council members Resolution No. 2004-020 Page 4 of 5 75F-10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-020 to be the original Resolution 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: Clerk of the Council City of Santa Ana 75F-11 Resolution No. 2004-020 Page 5 of 5 One Broadway Plaza Project Mitigation Monitoring Program MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT PURPOSE On January 1,1989, California State Assembly Bill 3180 (AB 3180) became effective. AB 3180 requires state and local agencies to adopt programs for monitoring and reporting of implementation of mitigation measures addressing significant adverse environmental impacts of projects agencies approve subject to the California Environmental Quality Act (CEQA). Consistent with the requirements of AB 3180 and the CEQA Guidelines, this Mitigation Monitoring Program (MlvfP) was developed by the City of Santa Ana for use in monitoring the implementation of the mitigation measures incorporated in the proposed One Broadway Plaza project. The City of Santa Ana has the authority to require and enforce the provisions of AB 3180 and the CEQA Guidelines consistent with its existing police powers. As lead agency for the environmental documentation for the proposed One Broadway Plaza project, the City is also responsible for approving the M11P and for accepting the written report documenting completion of the implementation of the project mitigation measures. In general, the City of Santa Ana Public Works Agency (PW A) and Planning Department would be responsible for overseeing the implementation of these mitigation measures and for approving measures as complete. DEVELOPMENT OF THE MMP The basis of the MMP is the mitigation measures identified as follows: . By environmental impact category as documented in Section 3.0 (Existing Conditions, Impacts and Mitigation Measures) of the Environmental Impact Report (EIR) for the One Broadway Plaza project. By environmental impact category for measures that were refined or added to the project mitigation measures in response to comments received from agencies and members of the general public on the Draft EIR. . MITIGATION MONITORING PROGRAM FOR THE PROPOSED ONE BROAD\VAY PLAZA PROJECT Table 1 provides the following infonnation: . A list of all mitigation measures from Section 3.0 of the Draft EIR and the refined measures from the Responses to Comments Report. . The implementation schedule for each measure. . The City of Santa Ana Department or Departments responsible for reviewing and approving the documentation regarding implementation of each measure. U:I VFregosolWP51 \REPORTSIOne Broadway MMP.doc June 14, 2004 Exhibit A One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department Land Use Measures There are no significant adverse land use impacts and no mitigation is required. Topo~raphy, Geology and Soils G-I The design for the project will comply with all provisions of the Preliminary Geotechnical Feasibility During design, grading and Executive Director of the Investigation performed by Zeiser Kling Consultants and their Addendum Recommendations, including construction. Public Works Agency recommendations for grading, removal and recompaction of soils, foundations, settlement, pile (PW A)/Executive foundations, design criteria, seismic design, retaining walls, ferrous corrosion, surface drainage, pavement Director of Building & design, concrete hardscape, soldier pile/logging system and supplemental investigations. Planning (PBA) or his/her designee. G-2 Prior to acquiring a grading permit for project construction, the developer will prepare a Final Geology Prior to obtaining a grading Executive Director of the and Soils Report, to specifically assess the following: permit. PW AlPBA or his/her 1. The shrink-swell potential of potentially expansive soils on the site; specifically addressing designee. appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. 11. The potential for compressible soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. The recommendations from the Final Geology and Soils Report will be incorporated into the grading plan for the project. G-3 Prior to obtaining a grading permit for project construction, the Final Geology and Soils Report will Prior to obtaining a grading Executive Director of the specifically assess grading control with special emphasis on controlling fugitive dust which could be permit. PW AlPBA or his/her generated during site preparation, grading and construction. The reports will specifically provide for designee. establishing procedures for dust control and monitoring so that unacceptable levels of dust do not escape from the site. These dust control measures will be coordinated with the dust control measures described in Section 3.4 (Air Quality). The standards and procedures developed in the reports will be incorporated into the grading plan to be followed by the project developer. G-4 All structures to be erected on the One Broadway Plaza site will be designed in accordance with the During design and Executive Director of the seismic design provisions in the Final Geology and Soils Report and of the Uniform Building Code to construction PW AlPBA or his/her promote safety in the event of such an earthquake. designee. G-5 During final design, the developer will consult with the Orange County Water District and the Regional During final design and Executive Director of the Water Quality Control Board, Santa Ana, regarding intrusion of foundation piles into the Orange County construction. PW A or his/her designee. Groundwater Basin. The project applicant will solicit the appropriate permits and approvals from the OCWD and the R WQCB for the anticipated intrusion of the foundation piles into the Groundwater Basin U:\VFregosoIWP5 JIREPORTSIOne Broadway MMP.doc June J 4, 2004 Page 2 One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure and will incorporate measures identified by those agencies in the fmal design and construction soecifications for the oro1ect. W -1 Prior to the issuance of a grading permit for the project: - The developer will prepare and submit a Notice of Intent (NO I) to the State Water Resources Control Board (SWRCB). - The developer will submit the NOI and the project Water Discharge Identification Number (WDIN) to the City of Santa Ana City Engineer. The developer will prepare a Stormwater Pollution Prevention Plan (SWPPP) and will submit the SWPPP to the City Engineer for review and comment. The developer will maintain the SWPPP on the construction site throughout the construction period. W -2 During all site preparation, grading and construction, the project contractors will comply with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). The project contractors will incorporate Best Management Practices (BMPs) from the DAMP and LIP and will implement those measures as appropriate during site preparation, grading and construction. W -3 During all site preparation, grading and construction, the construction contractors will be responsible for implementing the SWPPP provisions. The SWRCB is responsible for monitoring and enforcing the provisions of the SWPPP. In addition, the City Engineer will monitor and enforce these provisions during all site preparation, grading and construction, as appropriate, t() ensure the SWPPP is properly implemented. Prior to the issuance of grading permits, the Project Developer shall provide for the review and approval of the Director of Public Works a Water Quality Management Plan (WQMP) prepared for the project consistent with the Orange County Drainage Area Management Plan. The WQMP shall contain provisions and BMPs for both construction and operating conditions. Prior to the issuance of grading permits, the Project Developer shall submit a fmal drainage plan for the proposed One Broadway Plaza project for review and approval by the City Engineer. Prior to the issuance of the first building permit, the Project Developer shall pay the City's drainage impact fee. During operation of the proposed project, the Project Owner/Operator shall ensure that all pest control, herbicide, insecticide and other similar substances used as part of maintenance of project features are handled, stored, applied and disposed consistent with all applicable federal, state and local regulations. The City Enl.!ineer shall monitor and enforce this orovision. W-4 W-5 W-6 W-7 U:\VFrego'\"o\WP5/IREPORTSIOne Broadway MMP.doc June 14. 2004 Implementation Schedule Prior to the issuance of the grading permit. During all site preparation, grading and construction. During all site preparation, grading and construction. Prior to issuance of the grading permit. Prior to issuance of the grading permit. Prior to the issuance of the first building permit. During project operations. Responsible Denartment Executive Director of the PW A or hislher designee. Executive Director of the PW A or hislher designee. Executive Director of the PW A or hislher designee. Executive Director of the PW A or hislher designee. Executive Director of the PW A or hislher designee. Executive Director of the PW A or hislher designee. Executive Director of the PBA or hislher designee. Page 3 One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department W-8 Prior to the issuance of grading permits, the City Engineer shall verify that structural BMPs have been Prior to the issuance of the Executive Director of the pennanently incorporated into project plans by the applicant. Such BMPs shall ensure that pollutants from grading permit. PW A or his/her designee. proïect-related stonn water are mitigated consistent with applicable state and local standards. Air Quality AQ-I Use low-emission mobile construction equipment where feasible. During all site preparation, Executive Director of the grading and construction. PW AlPBA or hislher designee. AQ-2 Water site and clean equipment morning and evening to comply with AQMD Fugitive Dust Measures During all site preparation, Executive Director of the BCM-03 and BCM-06. As part of the conditions of grading permit approval, the project shall water the grading and construction. PW AlPBA or hislher construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where designee. feasible) twice daily. AQ-3 Wash off trucks leaving the site to comply with AQMD Fugitive Dust Measure BCM-O!. As part of the During all site preparation, Executive Director of the conditions of grading permit approval, project construction contractors shall wheel wash construction grading and construction. PW AlPBA or hislher equipment and cover dirt in trucks during on-road hauling. This measure is already included in the designee. particulate emission projections in the report. Haul trucks leaving the site shall also have a minimum freeboard distance of 12", or cover payloads. AQ-4 Sweep streets if silt is carried over to adjacent public thoroughfares. During all site preparation, Executive Director of the grading and construction. PW AlPBA or hislher designee. AQ-5 Reduce traffic speeds on all unpaved road surfaces to IS miles per hour or less. During all site preparation, Executive Director of the grading and construction. PW A /PBA or hislher designee. AQ-6 Suspend grading operations during first and second stage smog alerts. During all site preparation, Executive Director of the grading and construction. PW AlPBA or hislher designee. AQ-7 Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. During all site preparation, Executive Director of the grading and construction. PW AlPBA or hislher designee. AQ-8 Maintain construction equipment engines by keeping them tuned. During all site preparation, Executive Director of the grading and construction. PW AlPBA or hislher designee. AQ-9 Where feasible use low sulfur fuel for stationary construction equipment. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. U:IVFregoso\WP5/IREPORTS\One Broadway MMP.doc June /4, 2004 Page 4 One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Sched ule Department A Q-l 0 Where feasible utilize existing power sources (e.g., power poles) or clean fuel generators rather than During all site preparation, Executive Director of the temporary power generators. grading and construction. PW AlPBA or his/her designee. AQ-ll Provide on-site power sources during the early stages of the project. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. A Q-12 Where feasible use low emission on-site stationary equipment (e.g. clean fuels). During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. AQ-13 Spread soil binders on site, unpaved roads and parking areas. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. A Q-14 Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction During all site preparation, Executive Director of the areas (previously graded areas which remain inactive for 96 hours). grading and construction. PW AlPBA or hislher designee. A Q-15 Reestablish groundcovers on construction site through seeding and watering of the site that will not be During all site preparation, Executive Director of the disturbed for lengthy periods (such as two months or more). grading and construction. PW AlPBA or his/her designee. A Q-16 Schedule truck deliveries and pickups during off-peak hour. During operations. Executive Director of the PW AlPBA or his/her designee. A Q-l 7 Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at During operations. Executive Director of the curbsides. PW AlPBA or his/her designee. A Q-18 Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested During operations. Executive Director of the roadways. PW AlPBA or his/her designee. AQ-19 Provide on-site services. During operations. Executive Director of the PW AlPBA or his/her designee. AQ-20 Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or During operations. Executive Director of the occupant sensors. PW AlPBA or his/her designee. A Q- 21 Install energy efficient street and parking lot lighting. During operations. Executive Director of the PW AlPBA or his/her designee. U:IVFregosolWP5 JIREPORTSIOne Broadway MMP.doc June /4, 2004 Page 5 One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsibl4 Schedule Departmen AQ-22 Comply with the AQMP Miscellaneous Sources PRC-03 to reduce emissions of restaurant operations. During operations. Executive Director Introduce efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, PW AlPBA or hisl1 furnaces and boiler units. Also, incorporate appropriate passive solar design and solar heaters. This designee. measure is intended to reduce VOC and PM 10 emissions. AQ-23 Provide lighter color roofmg and road materials and tree planting programs to comply with the AQMP During operations. Executive Director Miscellaneous Sources MSC-O 1 measure. PW AlPBA or his/h designee. AQ-24 Provide local shuttle and transit shelters and ridematching services to comply with Advanced During operations. Executive Director Transportation Technology A TI-02. PW AlPBA or his/h designee. AQ-25 Ensure efficient parking management. During operations. Executive Director PW AlPBA or his/h designee. AQ-26 Provide preferential parking to high occupancy vehicles and shuttle services. Also, designate additional During operations. Executive Director car pool or vanpool parking. PW AlPBA or his/h designee. AQ-27 Employers should provide variable work hours and telecommuting to employees to comply with During operations. Executive Director Advanced Transportation Technology A IT -01. PW AlPBA or his/h designee. AQ-28 Provide dedicated parking spaces with electrical outlets for electrical vehicles. During operations. Executive Director PW AlPBA or his/h designee. AQ-29 Employers should provide ridematching, guaranteed ride home, or car pool or vanpool to employees as a During operations. Executive Director part of the TDM program and to comply with the AQMP Transportation Improvements TCM-O 1 PW AlPBA or his/h measure. designee. AQ-30 Employers should provide compensation, prizes or awards to ridesharers. During operations. Executive Director PW AlPBA or his/h designee. AQ-31 The City should synchronize traffic signals in the vicinity of the project site. During operations. Executive DirectOI PW A or his/her de AQ-32 Introduce window glazing, wall insulation, and efficient ventilation methods. During operations. Executive DirectOI PBA or his/her des U..IVFregosoIWP5I1REPORTSIOne Broadway MMP.doc Page 6 June 14. 2004 t of the er of the er of the er of the er of the er of the er of the er of the er of the er of the sIgnee. of the umee. One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Schedule Trans ortation T-1 The developer shall pay all costs (design, construction, administration and inspection) for Washington At issuance of certificate of Executive Director of the Avenue and 10th Street to operate as one-way streets which include signal modifications and appropriate occupancy pennit. PW A or hislher designee. protected left-turn signal at Main StreetlWashington Avenue, Main Street/10th Street, Washington Avenue/S camore Street, Broadwa StreetlWashin ton Avenue and Broadwa Street/10th Street. T-2 The project proponent shall pay for all costs for the installation of a roundabout at the intersection of At issuance of the certificate Executive Director of the S camore Street and 10th Street. of occu anc ennit. PW A or hislher desi nee. T-3 The project proponent shall pay all costs to install pedestrian crosswalks and a refuge area at the intersection At issuance of the certificate Executive Director of the of Sycamore Street and 10th Street where a roundabout is to be constructed. The project developer shall be of occupancy permit. PW A or hislher designee. required to pay all costs (design, construction, administration and inspection) for these mitigation measures, as the are art of the roundabout as stated in T-2. T-4 Main Street, between 17 Street and the 1-5 ramps, shall have all on-street parking stalls and parking At issuance of the certificate Executive Director of the meters removed, and Main Street shall be restriped to provide three northbound and two southbound of occupancy pennit. PW A or hislher designee. travel lanes. The project proponent shall pay all costs (design, construction, administration and ins ection associated with these removals and re-stri in when buildin ennits are issued. T-5 Main Street, between 17 Street and Civic Center Drive, shall have all on-street parking stalls and parking At issuance of the certificate Executive Director of the meters removed and Main Street shall be re-striped to provide a third northbound through lane within the of occupancy pennit. PW A or hislher designee. existing right-of-way. The developer shall pay all costs associated with re-striping and removing existing arkin meters. T-6 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for At issuance of the certificate Executive Director of the rovidin southbound ri ht-turn lane at the intersection of Main Street and 17th Street. of occu anc ennit. PW A or hislher desi nee. T -7 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for At issuance of the certificate Executive Director of the rovidin southbound ri ht-turn lane at the intersection of Broadwa Street and 17th Street. of occu anc ennit. PW A or hislher desi nee. T-8 Westbound Santa Clara Avenue shall be re-striped at Broadway Street to provide one left turn lane and one At issuance of the certificate Executive Director of the shared left turn/right turn lane. The project proponent shall pay all costs (design, construction, administration of occupancy pennit. PW A or hislher designee. and ins ection associated with this re-stri in when ro'ect buildin ennits are issued. T-9 Northbound Grand Avenue from Fruit Street to 14 Street shall be re-striped at Santa Ana Boulevard/I-5 At issuance of the certificate Executive Director of the HOY ramps to provide three northbound travel lanes. The project proponent shall pay all costs (design, of occupancy permit. PW A or hislher designee. construction, administration and inspection) associated with this re-striping when project building pennits are issued. T-lO 1-5 northbound off-ramp shall be re-striped to provide a westbound left turn lane, a shared left turn/right At issuance of the certificate Executive Director of the turn lane and a right turn lane at Grand A venue. The project developer shall pay all costs (design, of occupancy permit. PW A or hislher designee. ermittin , construction, administration and ins ection when buildin ermits are issued. U: \ VFregosolWP5 J IREPORTSIOne Broadway MMP.doc June J 4. 2004 Page 7 T-17 T-18 One Broa(hvav Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure T-ll A new traffic signal shall be installed at the intersection of Main Street and 15ID Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when project building pennits are issued. A new traffic signal shall be installed at the intersection of Santa Ana Boulevard and French Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building pennits are issued. A new traffic signal shall be installed at the intersection of Sycamore Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building pennits are issued. The project proponent shall pay the appropriate City Transportation System Improvement Fee to help offset the One Broadway Plaza Projects' impact on the City of Santa Ana street system. The developer should coordinate with the Orange County Transportation Authority (OCT A) to identify ways to enhance transit use by tenants of One Broadway Plaza. The project developer shall install a bus stop, bus transit or any other transit related improvements if requested by the OCT A. The project proponent shall satisfy the relevant requirements of the City's TDM Ordinance, including confonnity of site plans with facility standards specified in the TDM Ordinance, and submission and implementation of a TDM strategy plan and progr The project developer shall contribute to neighborhood traffic studies for the six neighborhoods evaluated in Section 3.5.8 (including before and after traffic counts) in order to assess any intrusion of project traffic into these neighborhoods. If traffic intrusion attributable to the project is identified, corrective measures will be identified. Depending of the potential impacts, examples of corrective measures could include; forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. If approved by the neighborhoods per the City's Procedures for Neighborhood Traffic Plans, corrective measures will be implemented at a maximum cost to the developer of $200,000 per neighborhood. The funds to implement the improvements are directly payable to t}~_c,~jtï. ~)f Sa~~~ A.....!.~a..E~'ior .~~ !S:;,~l~1CC ~~!)ui.ldil,l.ß.l>~rmits. ~~~r~j~~~~~~kT§g~r~g~ entran~~~(~)(i!~ shall be designed to mcet City sight distance standards:.t: !~~cap¥l~~~3IlS~: " -"'" . ....;~f thè -:iÍ1iêfšèëtîoii'öfBì-òéÌdway and' t1îê 'p~låiig ; stiuc'tuiê''é~ fës1íiétle~':~'ñl?V~~~ ..<?S..~~tirig:: on;Bröadway:sùbjèêi~o the, ~ï"èw~äD4:.approv31'Qf' EngiI1èér!0:The 'project "pfoponent.s ""lrpáy' all ~èô~is~assõCiàted ,'With thiS' merliaí(Priõ?:,iQ buiidm¡{~ ~ing isSúèd. T-12 T-13 T-14 T-15 T-16 U: \ VFregoso\ WP51 \REPORTSIOne Broadway MMP.doc June 14. 2004 Implementation Schedule At issuance of the certificate of occupancy pennit. Responsible Department Executive Director of the PW A or his/her designee. At issuance of the certificate I Executive Director of the of occupancy pennit. PW A or his/her designee. At issuance of the certificate I Executive Director of the of occupancy permit. PW A or his/her designee. At issuance of the certificate of occupancy permit. During construction and prior to Certificate of Occupancy. At issuance of certificate of occupancy and during operation At issuance of the certificate of occupancy pennit. Executive Director of the PW A or his/her designee. Executive Director of the PW A or his/her designee. Executive Director of the PW A or his/her designee. Executive Director of the PW A or his/her designee. At issuance of the certificate I Executive Director of the of occupancy pennit. PW A or hislher designee. Page 8 T-19 T-20 T-21 T-22 T-23 O/lt' I3U)uc/\\'(/\' P/u:u p/o/t'c! ~~~-----~---._--~~-- ~-------~-~~~-~--- - __JJ.!!!l!.!l! i 0/1 M 0/1 i I () / i 1/ g Pro g m /1/ TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROAD\V A Y PLAZA PROJECT Mitigation Measure To assure use of onsite parking as intended, the project proponent or their successor will require that all commercial tenant leases specify that employees must park onsite within the One Broadway Plaza parking garage. In addition, the property manager will require that parking personnel patrol adjoining properties on a daily basis to enforce such lease provisions. This daily patrol will be performed by a uniformed parking employee dJiving a utility vehicle that will be signed to identifY it as a part of the One Broadway Plaza Management. The areas to be patrolled will be marked on a grid map of the streets surrounding One Broadway Plaza. The project developer shall provide pedestrian access around the project site during project construction activities and post appropriate signs around the site directing pedestrians to use the sidewalks across the street from the project site. Permanent sidewalks shall be installed around the project site to provide for pedestrians access to the site. Prior to approval of the project plans, the project proponent will file a Notice of Proposed Construction or Alteration with the FAA. Conditions placed on the project by the FAA wi]] be incorporated in the fmal design and construction of the project office tower. Prior to approval of the project plans, the project proponent shall take the project to the Orange County A IrpOl1 Land Use Commission for a review and consistency detennination. After certification of the project Final EIR, the project proponent shall apply to the Caltrans Aeronautics DepaI1ment for a State helipad Permit. In order to minimize traffic from the One Broadway Plaza project from. en~9ng the F:~~SÀ..J.>ark Neighborhood, the traffic diverters cUlTently located in French ,Park shallþçcome ~ent (Adde<.l by tb.e Planning Commission on February 23,2004). . Vehicles traveling westbound on Washington Avenue shall"" ". " Main Street (Added by the Planning Commission on Febru Vehicles traveling eastbound on Tenth Street shall be diverted either northbound or Main Street (Added bv the PlannÌI12: Commission on Februarv 23,2004), {/ IF/t'\;u\(j IIj>5IR/:p{)Nr)"'{)1I1' /J/()ud\1'iI\' MMl'd()( ./1111(' II .11)1)) Implementation Schedule At the Certificate of Occupancy (CC&Rs) and during operations. During all site preparation, grading and construction. During final design. During final design. During final design. At of occupancy At certificate of occupancy At certificate of occupancy Responsible Department Executive Director of the PW A/PBA or his/her designee. Executive Director of the PW A/PBA or his/her designee. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her designee. Public Works, Agency Public Works, Agency Public W orksAgency ¡Yugl' I) One Broadway Plaza Project Mitigation Monitoring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure HZ-I Hazardous Materials The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of asbestos-containing materials prior to the issuance of demolition pennits for the site. The demolition contractor may submit copies of asbestos inspection reports for the site already prepared to satisfy SCAQMD Rule 1403 to fulfill this requirement. The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of lead-based paint prior to the issuance of demolition pennits for the site. Building inspection reports already prepared by the contractor to satisfy Cal-OSHA worker safety requirements may be submitted to fulfill this mitigation measure. Any use of hazardous materials or generation of hazardous wastes on the proposed project site must be conducted in accordance with aDDlicable federal, state and local re!!ulations. HZ-2 HZ-3 N-l Noise Prolect construction shall be limited to the hours of 7 a.m. to 8 p.m. on Monday Construction shall not be allowed on Sunday or federal holidays Temporary noise barriers shall be installed between the project construction area and adjacent residents. These noise barriers may include the use of leaded blankets, an acoustic blanket or several layers of plywood. "Bravo" acoustic blankets may also be used. Barriers should be 16 to 20 feet high. The commercial buildings in the project will require mechanical ventilation to keep outside noise from entering the interior of these buildings. The central ventilation systems for the buildings shall allow for sufficient ventilation so that office windows can be closed. Air conditioning units may be adequate for mechanical ventilation as long as they meet the ventilation requirements of the UBC. This shall be coordinated with the project's mechanical engineer. Prior to any site preparation, grading or construction, the project contractor will provide the Principals at the Orange County High School of the Arts and the El Sol Science and Arts Academy with the project construction schedule indicating the type of construction activity and duration. The project construction schedule shall address all construction activity from the start of the project to completion. Population and Housin There are no sÌ1mificant adverse population and housing impacts and no mitigation is required. Public Services The design of the project parking structure shall conform to the City of Santa Ana Police Department's design standards for parking structures. N-2 N-3 N-4 PS-l Implementation Schedule During all demolition, renovation and remodeling of existing structures. During all demolition, renovation and remodeling of existing structures. During all site preparation, radin!! and construction. During construction. During construction. During fmal design. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her desÜmee. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her designee. Executive Director of the PBA or his/her designee. Prior to the beginning of I Executive Director of the construction. PBA or his/her designee. During fmal design. Executive Director of the PBA or his/her designee and SAFD. Executive Director of the PBA or his/her designee and SAFD. PS-2 The design of the project shall include on site office spaces for the SAPD, which will be shared with any I During final design and at on site security staff. Two designated parking spaces will be provided for the SAPD near the main Certificate of Occupancy. entrance of the orooosed One Broadwav Plaza oroiect. U: \VFregoso\ WP511REPORTSIOne Broadway MMP.doc June 14. 2004 Page 10 PS-3 PS-4 PS-5 PS-6 Mitifwtion Monitoriní! Proí!ram TABLE! MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the proposed project to the SAFD. The plan will be consistent with SAFD Fire Code requirements. Also, the project developer shall provide evidence to the SAFD that the proposed fire protection services will be adequate to serve the proposed project development. A fire exit shall be provided in the office building along with adequate fire protection facilities and equipment to serve the proposed 37-story office building. Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the project to the SAFD. This plan will show that emergency vehicle access to the project site is adequate. Emergency access will be provided on Washington A venue and Sycamore Street. The final design of the project shall include fire sprinklers in the office building and parking garage at locations specified by the SAFD. The project shall also conform with all applicable SAFD fire protection and access requirements. The final design of the project shall include fire hydrants at locations specified by the SAFD. PS-7 The project developer shall notify the SAFD and SAPD when the office building helipad is operational. PS-8 PS-9 The project developer shall contribute a fair share amount to have an emergency vehicle preemption detector placed on the existing traffic signal arm at the intersection of Broadway Street and 10th Street, Broadway Street and Washington A venue and Washington A venue and Sycamore Street. These detectors shall also be placed on any other traffic signal and modified as part of this project. The project developer shall incorporate a repeater in the design of the project to prevent interference with Police and Fire Department radio signals. PS-I0 Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a fee navrnent between the develoner and the SAUSD to offset school facilitY related imnacts. PS-ll PS-12 ~Cfrin~i~~J:s~.a.~~;.~~ll#-~~.~~~~~~k~fh?~¿;j:~~~l&pætýilii~ä~~l.>.~t~~" - ~"~}¿£~~~; ~(J.~ÄrtS .Acadèri1y-..andDéiYls ::Elem~tarY~Sc1i09"~~~~.po~ifiè.d~b1 ~ßJ,~.j)røj~.~ÜIÞi~l. w# ,þfojt;Š! fP~tÍ1ictiõÍ1~~~ègi€š~;t1ià(~~~~1~1~~~q~ê(f7~1{~ja~~~~~~~~PÞ~~~: J.. .' :tI:~~gJ~ ~vói4 proje~t.coi1Stiíictiori activities'~d.Closure'cjfthesid~wa1kš~ãdja'ceÏirtcithe piojeét si .'... d bý:thQ PIaîuiing Commission on June) 4~.' 2004); U:IVFregosoIWP5/IREPORTSIOne Broadway MMP.doc June /4. 2004 Implementation Schedule At issuance of the first building permit. At issuance of the first building pennit. During fmal design. During fmal design. At or after Certificate of Occupancy. At issuance of first building pennit. During fmal design. At issuance of the first building pennit. During all site preparation, grading and construction. Responsible Department Executive Director of the PBA or hislher designee and SAFD. Executive Director of the PW A or hislher designee and SAFD. Executive Director of the PBA or hislher designee and SAFD. Executive Director of the PBA or hislher designee and SAFD. Executive Director of the PBA or hislher designee. SAFD and SAPD. Executive Director of the PW A or hislher designee, SAFD and SAPD. Executive Director of the PBA or hislher designee, SAFD and SAPD. Executive Director of the PBA or hislher designee. Executive Director of the PBA or hislher designee. Prior to any site preparation, I Executive Director of the grading or construction. PBA or hislher designee. Page / I One Broadway Plaza Project Mitigation Moni{Qring Program TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure PS-I3 . . . . . . U-I Utilities and Service Systems The project developer shall coordinate with SCE prior to construction to determine the exact location of all underground and overhead electrical facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all electric facilities and associated structures to be left on the Droiect site from damaQe. U:\VFregoso\WP5J\REPORTSIOne Broadway MMP.doc June /4, 2004 Implementation Schedule During all site preparation, grading or construction Responsible Department Executive Director of the PBA or his/her designee. Prior to any site preparation, I Executive Director of the grading or construction. PBA or his/her designee. Page /2 One Broadway Plaza Project Mitigation Monitorh]gfro¡;ram TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure U-2 All new electrical lines shall be placed underground as required by the City of Santa Ana. U-3 The project developer shall coordinate with SCGC prior to construction to determine the exact location of all underground natural gas facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all natural gas pipelines and associated structures to be left on the project site from damage. The project developer shall coordinate with Adelphia (fonnerly Comcast) prior to construction to detennine the exact location of all underground cable facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing cable lines and associated structures to be left on the project site from damage. The project developer shall coordinate with Pacific Bell prior to construction to determine the exact location of all underground telephone facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing telephone lines and associated structures to be left on the project site from damage. Prior to issuance of grading pennits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial use shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project office building. The project developer shall coordinate with City staff to develop appropriate recycling programs for this project. The project developer shall coordinate with the Santa Ana Water Utility prior to construction to determine the exact location of all existing underground water facilities and take action to prevent damage to these facilities to be left on the project site or interference with their operations. The project developer shall also pay their fair share amount for the necessary facilities to accommodate project-related water supplies. The project developer shall coordinate with CSDOC and the City of Santa Ana Public Works Department prior to construction to detennine the exact location of all underground sewer facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all sewer lines and associated structures that will be left on the project site from damage. U-4 U-5 U-6 U-7 U-8 U-9 The project developer shall pay their fair share amount, as detennined by the City of Santa Ana, to construct the proposed stonn drain system serving the project site to Broadway Street in accordance with the City's Master Plan of Drainage. The project developer shall pay all costs for the construction of a new 8-inch waterline and a 6-inch sewer to be constructed within Washington A venue and 10th Street to replace these lines abandoned in a portion of Sycamore Street. U-IO U: \VFregosol WP5 1 IREPORTS\One Broadway MMP.doc June 14. 2004 Implementation Schedule During construction. Prior to any site preparation, grading or construction. Responsible Department Executive Director of the PW A or histher designee. Executive Director of the PW A or histher designee. Prior to any site preparation, I Executive Director of the grading or construction. PW A or histher designee. Prior to any site preparation, I Executive Director of the grading or construction. PW A or histher designee. Prior to issuance of the grading penni t. Executive Director of the PBA or histher designee. Prior to any site preparation, I Executive Director of the grading or construction. PW A or histher designee. Prior to any site preparation, I Executive Director of the grading or construction. PW A or histher designee. At issuance of first building I Executive Director of the permit PW A or histher designee. At issuance of first building I Executive Director of the pennit PW A or histher designee. Page 13 One Broadway Plaza Project Mitif{ation Monitorinf{ Prof{ram TABLEt MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Schedule Responsible Department Aesthetics The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot candle power of light where possible, and will direct lighting towards the interior of the project site. During fmal design, I Executive Director of the construction and operations. PW AIPBA or hislher designee. AS-l Cultural Resources CR-l Relocation of Historic Resources at 1007-1009 North Broadway (Vale Apartments), Broad./a) (KoeriÏg IIou3e) and 1015 North llroad'..a) (T.. i3t lla3ler Hou3e). 1109 North Prior to demolition. Executive Director of the PW AIPBA or hislher designee. The historical resources proposed for demolition as part of the proposed One Broadway Plaza project should be made available for relocation as follows: A. The availability of the Yale Apartments, Koenig IIoli3e aDd the T t\ i3t lla3ler IIou3c for relocation shall be noticed by posting a sign at a location that is visible from the public right-of- way and by advertising in at least one newspaper with a local circulation. These forms of notification shall persist at least 14 days; B. The buildings shall be made available free of charge for at least 60 days; c. Plans for the relocation of the buildings shall be submitted to and evaluated by the City Council; D. If the City of Santa Ana Planning Commission approves the relocation plan, the applicant has 30 days to remove the building(s) from the project site. If the building(s) are not removed at the end of the 30 days, they may be demolished after they have been documented, as required in measure CR-2; and, E. The length of this process shall endure for no more than 240 days from the date a demolition application is submitted. U.. \VFregoso\ WP51 IREPORTSIOne Broadway MMPdoc June 14. 2004 Page j 4 - TABLE! MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT One Broadway Plaza Project Mitigation Monitoring Program Mitigation Measure Implementation Sched ule Prior to demolition. Responsible Department Executive Director of the PW AlPBA or his/her designee CR-2 Recordation of Historic Resources for 1007-1009 North Broadway (Yale Apartments), 1109 North Broad;lB) (Kocnig IIow~c) and 1015 North ßroBd,ìýay (T nigt ßaglcr Hou3e) Although the demolition of an historical resource cannot be mitigated to below a level of significance, the following actions are important for documenting their loss for posterity. In the event the Yale Apartments Kocnig Hotigc and/or thc T-y",igt ßB3lcr IIou3C are not relocated, they shall be documented, prior to the issuance of a demolition permit, in a report consistent with Historic American Buildings Survey (RABS) standards. That report shall document the significance and physical condition of the buildings proposed for demolition, both historic and current, photographs, written data and text. The report and historic survey must be completed by a person technically trained in the HABS methods. This documentation shall include: A. A brief written historic and descriptive report in narrative fonnat, including an architectural data form; B. A site plan on 8" x 11" paper shows the location of the building. This site plan shall include a photo- key. The site plan will include appropriate measurements; c. A sketch floor plan on 8" x 11" paper shall accompany each architectural data form; D. Large format (4" x 5" or larger negative size) photographs in accordance with the HABS guidelines. Views shall include several contextual views, all exterior elevations, detailed views of significant exterior architectural features and interior views of significant historical architectural features or spaces (if any). All photographs will be black and white, will include captions and will be listed in a separate index; E. Field photographs (35mm) based on the HABS guidelines. Views as detailed in large fonnat photographs. All photographs will be black and white, will include captions and will be listed in a separate index; F. The report shall include copies or prints of any available original plans and historic photographs; G. Archivally stable reproductions of any available significant historic construction drawings and photographs; and H. Archival copies of the documentation shall be submitted to the City of Santa Ana. U: \ VFr<'goso\ WP51 \REPORTSIOne Broadway MMP.doc June 14. 2004 Page 15 One Broadway Plaza Project Mitigation Monitoring Program TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department 1. In addition to the documentation identified above, the documentation shall include: . Elevations of all sides of the buildings on minimum 19" x 24" mylar and waterproof ink, copied and reduced to 8.5" x 11" on archival bond. . Floor plan with measurements. . Site plan should also include measurements. Photographs must include a separate index and captions and photos should be black and white. 1. All survey information must be performed by a person technically trained in HABS methods. CR-3 Rehabilitation for National and California Register Eligible Resource at 1103 North Broadway Street During fmal design and Executive Director of the (McNeill-Basler House). rehabilitation. PBA or hislher designee. The One Broadway Plaza project proposes the rehabilitation of the McNeill-Basler House conform to the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995). The rehabilitation is for use as commercial space. Any rehabilitation must conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of Interior National Park Service 1995). The following actions ensure compliance with the required Standards of Rehabilitation for proposed modifications to the structure at 1103 North Broadway: A. The rehabilitation of the structure at 1103 North Broadway Street shall conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995); B. Detailed plans of the rehabilitation of the McNeill-Basler House shall be submitted to the City of Santa Ana for review and approval, prior to any changes to this structure. The City shall have a qualified architectural historian review and approve the plans and monitor the rehabilitation program, for consistency with the Standards for Rehabilitation; and C. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program and certification that the building is rehabilitated in accordance with the Secretary's Standards shall occur prior to issuance of a building permit. U\VFrego.\'oIWP5/IREPORTS\One Broadway MMP.doc June /4, 2004 Page J 6 One Broadwa~J:lqza Project Mitigation Monitoring PrQgram TABLEl MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Responsible Department Executive Director of the PBA or his/her designee. Implementation Schedule During fmal design and rehabilitation. CR-4 Resources Listed on the Ci of Santa Ana Re ister of Historical Property at 1103 North Broadway (McNeill- Basler House), , 1115-1117 North Broadway (Macintosh Apartments), and 1211 North Broadway (Kelley House) These properties are all listed on the City of Santa Ana Register of Historical Property. Prior to any rehabilitation or modifications to the exteriors of these structures, other than painting, the project applicant must conform with the requirements of Ordinance No. NS-2338 (An Ordinance of the City Council of the City of Santa Ana Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance). Mitigation measure CR-3, above, requires compliance with the Secretary of the Interior's Standards for Rehabilitation for the proposed modifications to and rehabilitation of the structure at 1103 North Broadway Street. This satisfies the intent of Ordinance No. NS-2338 for this structure. For the remaining structures listed above, the following apply: Plans for modifications or rehabilitation to the exteriors of these structures must be approved by the Planning Commission prior to any changes to these structures. It is recommended that the Secretary's Standards for Rehabilitation be used to avoid any adverse effects to these recognized local historical resources; and A. B. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program of the work, and shall require review and approval of the plans by a qualified architectural historian, and certification that the plans follow the design standards adopted by the City. CR-5 In Y~e. eve~t ~nkno~ .c~ltural resourc~s are discovered durin~ constru~tion activities, all construction I Du~g all site prep~ration, I City. of Santa Ana actIvItIes wlthm the vlcmlty of the fmdmg shall halt and the CIty'S Envlfonmental Coordinator shall be gradmg and constructIon. EnvIronmental contacted for appropriate action. Coordinator U:\VFregosoIWP5/IREPORTSIOne Broadway MMP.doc June /4. )004 Page /7 TABLEt MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT One Broadway Plaza Project Mitigation Monitoring Program Mitigation Measure Implementation Schedule During all site preparation, grading and construction. Responsible Departmcnt Executive Director of the PBA or his/her designee and the Orange County Coroner. CR-6 Human Remains. If Human Remains arc found during the test excavation, the Native American Graves Protection Act Guidelines and State law require that the crew halt the work in the immediate area; leave the remains in place and contact the City of Santa Ana project personnel and the Orange County Coroner. Until a representative of the Coroner's office reviews the remains in the field, they must not be removed. If the Coroner detem1ines that the remains are prehistoric, the Coroner will contact the Native American Heritage Commission and the most likely descendent from the Native American community will be informed. The final deposition of remains will be coordinated by representatives of the property owner and the most likely descendent. Artifacts. CR-7 Any artifacts recovered shall be properly collected with photographs, field notes and locations plotted on a USGS 7.5' topographic quadrangle and a project map. Artifacts will he identified, catalogued and stabilized for cura1Ïon. Any recovered artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievahle collection system and an educational and research interest in the materials. The Anthropology Museum at California State University, Fu]Jerton would be an appropriate repository to receive any artifact~<:.oll<::c_~~~~J~-.r-.!:~ct site. - .-----.--- Final Report. During all site preparation, grading and construction. Executive Director of the PßA or his/her designee CR-8 -----."-- After the completion of all site disturbance activities. Executive Director of the PBA or his/her designee. -;. - ~ :4;~{~:.(-. U.-IVFregoso \ WP5 1 \REPORTS\One Broadway MMP.doc June 14. 2004 Page 18 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE ONE BROADWAY PLAZA PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana (the "City") hereby certifies the Final Environmental Impact Report ("Final EIR," State Clearinghouse No. 99101047) for the One Broadway Plaza project ("project"). The Final EIR has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq ("CEQA") and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq ("CEQA Guidelines"). The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the One Broadway Plaza project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the July 2003 Draft EIR, the October 2003 Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the Draft EIR was prepared by consultants retained by the City and by City staff, subject to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the proposed One Broadway Plaza project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMP (which is contained iIi .the Final EIR), which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. This MMP will ensure CEQA compliance during project implementation. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 1 Exhibit B One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTNES The project site consists of an approximately 4.32 acre city block generally bounded by Washington Avenue to the north, Sycamore Street to the east, 10th Street to the south, and Broadway Street to the west. The One Broadway Plaza Project would consist of 545,124 square feet of office, retail and restaurant area. The project consists of a 37-story office building, 8-level parking structure (seven levels aboveground and one sublevel) and the rehabilitation of four existing structures into commercial office and restaurant uses. The One Broadway Plaza Project would be developed entirely on one City block. As part of the project, the City would abandon the segment of Sycamore Street between 10th Street and Washington Street to allow for construction of the office building and parking structure. Additionally, 10th Street would be converted ftom a tWo-way street to a one-way eastbound street and W ashington Avenue would be converted ftom a two-way street to a one-way westbound street. The project would require the removal of three structures on the project site that are designated historically significant. One other existing structure on the project site designated historically significant would be retained in its present condition. A comprehensive design and landscape program would be implemented to unify the rehabilitated and retained structures on the project site with the other land use components of the One Broadway Plaza Project. The objectives of the proposed One Broadway Plaza project are: . To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area of the City. . To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high-profile tenants. . To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center of the County. . To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. . To provide for the public a world-class restaurant with unique 360 degree views that. creates a destination point for visitors to Santa Ana. ' . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To substantially increase employment opportunities within the City. U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page 2 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. . To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. The City of Santa Ana Planning and Building Agency is the Lead Agency for the EIR, as defined by the CEQA, Section 21067. The City of Santa Ana has detennined that the EIR is required pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the One Broadway Plaza project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a program level EIR for the required General Plan Amendment and changes to the Mid-Town Specific Plan and as a project EIR for the One Broadway Plaza Site Plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, pennits and approvals. Other agencies may also consider the EIR in the review of project pennits or other actions, including but not limited to Caltrans (for the helipad). The potential actions, pennits and approvals for the proposed project are anticipated to include the following: . Approval of a Development Agreement to ensure the timely construction of the project, ensure occupancy by credit tenants, clarify the various improvements to be provided and to provide for the restoration and relocation of historic structures. . General Plan Amendment to establish the One Broadway Plaza Specific Development District Center designation and as a Major Development Area in the Land Use Element and establish a maximum Floor Area Ratio of2.9. . Amendment to Circulation Element to add Local Commercial Street classification. . An amendment to the Midtown Specific Plan to delete the project site from the Broadway Corridor District. . Adoption of a One Broadway Plaza Specific Development District. Specific objectives, policies and development standards will be established within the One Broad\yay Plaza Specific Development District to accommodate and guide the development of the One Broadway Proj ect. . Resolution of necessity to acquire properties located at the northwest comer of 17th Street and Main Street and the northeast comer of 1 th Street and Broadway Street. . Parcel Map. U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 3 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Vacation of Sycamore Street between 10th Street and Washington Avenue. . Encroachment PennitIMaintenance Agreement for roundabout fountain. . Approval of an off site Improvement Agreement to acquire properties located at the northwest comer of 1 th Street and Main Street and northwest comer of Seventeenth Street and Broadway Street. . Historical Resource Commission review for demolition requests for properties located at 1007-1009 North Broadway ~treet, 1015 North Broadway Street and 1109 North Broadway Street. . Obtain a State Helipad Pennit. . Approval from Orange County Airport Land Use Commission. 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the One Broadway Plaza project on October 7, 1999. Because of changes to the proposed project by the project developer, a second NOP was distributed for public review on February 12, 2001. The NOPs/ISs were distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations and other interested parties in the project area. Copies of the 1999 and 2001 NOPs/ISs are provided in Appendix A of the EIR. The City of Santa Ana received fifteen written responses to the recirculation of the NOP on February 12, 2001 and ten written responses to the NOP on October 7, 1999. Copies of these comment letters are provided in Appendix B of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a scoping meeting for the proposed One Broadway Plaza project on October 21, 1999. The meeting was held from 7:00 PM to 9:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was posted on the project site, was included in the Project NOP and was published in the Orange County Register newspaper. A copy of the scoping notice is provided in Appéndix B in the EIR. The City also conducted a scoping meeting for the One Broadway Plaza on February 21, 2001. The meeting was held from 7:00 PM to 9:00 PM at the City of Santa Ana Council Chambers in the Santa Ana Civic Center. The notice of the scoping meeting was included in the NOP and was published in the Orange County Register newspaper. A notice of the scoping meeting was also sent to all property owners within 300 feet of the project site. A copy of the scoping notice U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 4 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings is provided in Appendix B in the EIR. Based on the findings of the ISs and public input provided in response to the NOPs, the Draft EIR evaluated the following environmental issues: land use and relevant planning programs; topography, soils and geology; hydrology and water quality; air quality; transportation; hazards and hazardous materials; noise; population and housing; public services; utilities and service systems; aesthetics and cultural resources. 3.2.3 Draft EIR 3.2.2.1 Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the proposed One Broadway Plaza Project for public review between July 30, 2003 and September 12, 2003. The Responses to Comments Report documents the public review and comment period for the Draft EIR. The Notice of Completion and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the Responses to Comments Report. The NOA was provided in a newspaper notice regarding the availability of the Draft EIR and the scheduled neighborhood workshops and Planning Commission public hearing as shown in Appendix A in the Responses to Comments Report. The distribution list for the Draft EIR is provided in Appendix B. The written comments received on the Draft EIR included letters, emails, comment cards trom the neighborhood meetings and written comments provided to the Planning Commission during the public hearing. Verbal comments were also received at the Planning Commission public hearing and are documented in a transcript of that hearing. Written comments on the Draft EIR for the proposed One Broadway Plaza widening project were received trom the following: State. Regional and Local Agencies California Department of Transportation State of California Governor's Office of Planning and Research South Coast Air Quality Management District Southern California Association of Governments County of Orange Planning and Development Services Department City of Tustin City of Irvine City of Santa, Ana Planning Division Santa Ana Historic Resources Commission Orange County Sanitation District Businesses. Groups and Organizations Maternal Outreach Management Systems Concerned Parents of EI Sol Academy Southern California Gas Company Orange County Associates U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 5 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings Floral Park Neighborhood Association Heritage Orange County, Inc. Washington Square Neighborhood Association Santa Ana Historical Preservation Society ARTbar Gerald Schwartz Fredrico Castelan Sayre Daniel J. Donahue American Demolition/Concrete Cutting Alison Young, Santa Ana Historical Preservation Society Brad Romoffand Justin Reuter Members of the General Public Michelle Higbee J an Dunford Jon Weger Andree L. Weger Debbie McEwen Jo Ann Ramirez Rose Ann Garcia Kings Roberta Reed Laurie Hampton Larry Irvine Dee and Bob Runnells Roberta Reed Benjamin F. Grabiel J effDickman William Beaubeaux Barry Jensen John and Lucy Bateson and Ryan Goins Alison Young 3.2.2.2 Neighborhood Workshops The City held two neighborhood meetings for the Draft EIR. These neighborhood meetings were held between ~:30 PM and 8 PM on September 2 and 3, 2003, at Davis Elementary School (1405 French Street, Santa Ana). The fonnat of the meetings was infonnal, with topicB:1 stations provided around the room. Each station was staffed by City and consultant staff persons and included appropriate poster boards and handouts. Appendix C of the Responses to Comments Report provides the attendance sign-in sheets from the two neighborhood workshops. A total of approximately 40 people attended the two workshops. 3.2.2.3 Planning Commission Public Hearin~ A public hearing was held on the Draft EIR for the proposed One Broadway Plaza project as part U/vfregosoIwp51/reports/One Broadway final findings June 28, 2004 Page 6 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings of the regularly scheduled September 81, 2003 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). A total of 31 persons spoke during the public hearing. Appendix D in the Responses to Comments Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is provided in the Responses to Comments Report. 3.2.2.4 Written Responses to Written Comments and Input from the Planning Commission Public Hearing The City evaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to CEQA Guidelines Section 15088.5, a lead agency is required to recirculate and EIR when significant new infonnation is added to the EIR after the Notice of Availability is given, but before certification. The tenn infonnation specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other infonnation. CEQA Guidelines Section 15088.5 further provides that".. .new infonnation added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received and the responses to those comments as well as other text changes and references that have been incorporated into the EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or infonnation was added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the infonnation contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under CEQA Guidelines Section 15088.5 regarding recirèulation of draft EIRs, the City hereby finds that there is no new significant infonnation and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the One Broadway Plaza project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 7 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR (in the Responses to Comments Report); (c) A list of persons, organizations and public agencies commenting on the Draft EIR (in the Responses to Comments Report); (d) The City's responses to the comments received on the Draft EIR (in the Responses to Comments Report); ( e) Final Mitigation Monitoring Program; and (f) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the One Broadway Plaza project. All the mitigation measures identified in the Final EIR are included in the project Approval and are made conditions of the One Broadway Plaza project. The following findings are made with respect to each significant adverse environmental impact of the One Broadway Plaza project. In addition, the following findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: . Potentially significant adverse impacts which can be mitigated to below a level of significance, based on implementation of identified project features, project mitigation measures and/or City of Santa Ana standard conditions of approval. . Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the One Broadway Plaza project will result in some significant adverse impacts which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the One Broadway Plaza project, o~e of the following findings must be made, including the provision of facts supporting each finding: . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza project which cannot be mitigated to below a level of sigriificance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would not be mitigated to below a level of significance, after implementation of the mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the project. 4.1.1 Impacts Related to Short Tenn Air Quality Impacts 4.1.1.1 Potentially Significant Adverse Impact Related to Construction NO! and PMlQ Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in significant adverse NOx and PMlO emissions as a result of the use of construction equipment and the generation of dust during construction. 4.1.1.2 Finding Related to Construction NO! and PMlO Emissions Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.1.3 Facts in SUDport of the Finding Related to Construction NO! and PMlQ Emissions Implementation of mitigation measures AQ-l to AQ-15, below, will substantially lessen the adverse construction impacts of the One Broadway Plaza project related to NOx and PM 10. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. AQ-l Use low-e~ission mobile construction equipment where feasible. AQ-2 Water site and clean equipment morning and evening to comply with AQMD Fugitive Dust Measures BCM-03 and BCM-06. As part of the conditions of grading pennit approval, the project shall water the construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice daily. AQ-3 Wash off trucks leaving the site to comply with AQMD Fugitive Dust Measure BCM- 01. As part of the conditions of grading pennit approval, project construction contractors shall wheel wash construction equipment and cover dirt in trucks during on- U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page 9 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings road hauling. This measure is already included in the particulate emission projections in the report. Haul trucks leaving the site shall also have a minimum freeboard distance of 12 tt, or cover payloads. AQ-4 Sweep streets if silt is carried over to adjacent public thoroughfares. AQ-5 Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. AQ-6 Suspend grading operations during first and second stage smog alerts. AQ-7 Suspend all grading opèrations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. Maintain construction equipment engines by keeping them tuned. AQ-8 AQ-9 Where feasible use low sulfur fuel for stationary construction equipment. AQ-I0 Where feasible utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. AQ-l1 Provide on-site power sources during the early stages of the project. AQ-12 Where feasible, use low emission on-site stationary equipment (e.g. clean fuels). AQ-13 Spread soil binders on site, unpaved roads and parking areas. AQ-14 Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas which remain inactive for 96 hours). AQ-15 Reestablish groundcovers on construction site through seeding and watering of the site that will not be disturbed for lengthy periods (such as two months or more). 4.1.1.4 Level of Significance of Impacts Related to Construction NO! and PMIO Emissions The short term adverse impacts of the One Broadway Plaza project related to NOx and PMIO emissions during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts 4.1.2.1 Potentially Significant Adverse Impact Related to Long Term NO! Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in adverse air quality impacts related to NOx emissions during long term operations. 4.1.2.2 Finding Related to Long Term NO! Emissions U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 10 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.2.3 Facts in SUDport of the Finding Related to Long Tenn NO! Emissions Implementation of mitigation measures AQ-16 to AQ-32, below, will substantially lessen the adverse operations impacts of the One Broadway Plaza project related to long tenn emissions of NOx. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. . AQ-16 Schedule truck deliveries' and pickups during off-peak hour. . . AQ-17 Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. AQ-18 Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. AQ-19 Provide on-site services. AQ-20 Improve thennal integrity of the buildings and reduce thennalload with automated time clocks or occupant sensors. AQ-21 Install energy efficient street and parking lot lighting. AQ-22 Comply with the AQMP Miscellaneous Sources PRC-03 to reduce emissions of restaurant operations. Introduce efficient heating and other appliances, such as water heaters, cooking equipment, remgerators, furnaces and boiler units. Also, incorporate appropriate passive solar design and solar heaters. This measure is intended to reduce VOC and PMlO enusslons. AQ-23 Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-O 1 measure. AQ-24 Provide local shuttle and transit shelters and ridematching services to comply with Advanced Transportation Technology A TT -02. AQ-25 Ensure efficient parking management. AQ-26 Provide preferential parking to high occupancy vehicles and shuttle services. Also, designate additional car pool or vanpool parking. AQ-27 Employers should provide variable work hours and telecommuting to employees to comply with Advanced Transportation Technology ATT-Ol. AQ-28 Provide dedicated parking spaces with electrical outlets for electrical vehicles. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 11 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings AQ-29 Employers should provide ridematching, guaranteed ride home, or car pool or vanpool to employees as a part of the TDM program and to comply with the AQMP Transportation Improvements TCM-Ol measure. AQ-30 Employers should provide compensation, prizes or awards to ridesharers. AQ-31 The City should synchronize traffic signals in the vicinity of the project site. AQ-32 Introduce window glazing, wall insulation, and efficient ventilation methods. 4.1.2.4 Level ofSÜmificance of Impacts Related to Long Term NO! Emissions The adverse impacts of the One Broadway Plaza project related to long term NOx emissions during operations cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality 4.1.3.1 Potentially SÜmificant Cumulative Adverse Impact Related to Air Ouality The South Coast Air Basin (Basin) is currently in nonattainment for the state ambient air quality standards (AAQSs) for ozone, carbon monoxide and particulate matter «10 microns). The One Broadway Plaza project will contribute additional pollutants to the Basin. The project would exceed the AAQS construction emission thresholds for NOx and PMlO and the AAQS during operations for NOx. The other approved and proposed projects in the area are anticipated to include mitigation that would reduce impacts related to air quality to below a level of significance for some of those cumulative projects. Because the Basin currently exceeds the AAQS for these air pollutants and because the One Broadway Plaza project would result in significant levels of air pollution, above the AAQS for construction emission for NOx and PMIO and for NOx during operations, the project is anticipated to contribute to significant adverse short term cumulative NOx and PMIO and long term cumulative NOx impacts related to air quality. 4.1.3.2 Finding Related to Cumulative Air Oualitv Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.3.3 Facts in Support of the Finding Related to Cumulative Air Oualitv The implementation of mitigation measures AQ-l to AQ-32, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction emissions of NOx and PMIO and operations related emissions of NOx. However, these measures will not reduce these significant adverse impacts of the project to below a level of significance. Therefore, the One Broadway Plaza project will contribute cumulatively to adverse air quality impacts in the Basin. Ulvfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 12 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.1.3.4 Level ofShmificance of Impacts Related to Cumulative Air Ouality The contribution of the One Broadway Plaza to cumulatively adverse impacts related to construction and operations NOx emissions and construction related PMlO emissions cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation 4.1.4.1 Potentially Shmificant Adverse Impacts Related to Transportation As described in detail in Section' 3.5 (Transportation) in the EIR, the proposed One Broadway Plaza project will result in adverse impacts as a result of long term operation. 4.1.4.2 Finding Related to Transportation Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. and Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.4.3 Facts in Support of the Finding Related to Transportation Impacts to Streets Main Street (1 ih Street to 1st Street). Mitigation measures to reduce potential traffic along Main Street between 17th Street and 1 st Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts along Main Street, mitigation measures T -5 and T -6 are required. T-5 Main Street, between 1 ih Street and Civic Center Drive, shall have all on-street parking stalls and parking meters removed and Main Street shall be re-striped to provide a third northbounq through lane within the existing right-of-way. The developer shall pay all costs associated with re-striping and removing existing parking meters. T-6 The developer shall pay all costs (acquisition, design, construction, administration and insrection) for providing southbound right-turn lane at the intersection of Main Street and 17t Street. Broadwav Street (Santa Clara Avenue to 1st Street). Mitigation measures to reduce potential traffic impacts along Broadway Street between Santa Clara and 1 st Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 13 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings associated with their implementation. To help minimize impacts along Broadway Street, mitigation measure T -7 is required. T -7 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing southbound right-turn lane at the intersection of Broadway Street and 17th Street. Impacts to Intersections Main Street & 1 ih Street. Mitigation measures to reduce potential traffic impacts at the intersection of Main Street and 17th Street to a level considered less than significant have been detennined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measures T -4, T -5 and T- 6 are required. Mitigation measures T5 and T6 were provided earlier. Mitigation measure T4 is provided below. T-4 Main Street, between 1 ih Street and the 1-5 ramps, shall have all on-street parking stalls and parking meters removed, and Main Street shall be restriped to provide three northbound and two southbound travel lanes. The proj ect proponent shall pay all costs (design, construction, administration and inspection) associated with these removals and re-striping when building pennits are issued. Broadway & 17th Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 17th Street to a level considered less than significant have been detennined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T-7, provided earlier, is required. Main Street & W ashington Avenue. Mitigation measures to reduce potential traffic impacts at the intersection of Main Street and Washington Avenue to a level considered less than significant have been detennined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T -1 is required. The developer shall pay all costs (design, construction, administration and inspection) for W ashington Avenue and 10th Street to operate as one-way streets which include signal modifications and appropriate frotected left-turn signal at Main Street/W ashington Avenue, Main Street/lOt Street, W ashington Avenue/Sycamore Street, Bro~dway Street/W ashington Avenue and Broadway Street/10th Street. Broadway Street & 4th Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 4th Street to a level considered less than significant have been detennined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. T-1 1 st Street and Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of 1 st Street and Flower Street to a level considered less than significant have been U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 14 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Santa Ana Boulevard & Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of Santa Ana Boulevard and Flower Street to a level considered less than significant have been detennined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Fairview Street & 1 st Street. Mitigation measures to reduce potential traffic impacts at the intersection of Fairview Street and 1 st Street to a level considered less than significant have been detennined to be not feasible duè to significant adverse land use impacts associated with their implementation. No mitigation is proposed. 4.1.4.4 Level of Significance of Impacts Related to Transportation and Cumulative Transportation The adverse impacts of the One Broadway Plaza project related to transportation at the following two street segments and seven intersections cannot be mitigated to below a level of significance when considering only the project impact or cumulatively when the project is considered with other ongoing and planned development: Main Street (1 ih Street to 1 st Street) Broadway Street ~Santa Clara Avenue to 1 st Street) Main Street & 17t Street Broadway & 1 ih Street Main Street & W ashington Avenue Broadway Street & 4th Street 1 st Street and Flower Street Santa Ana Boulevard & Flower Street Fairview Street & 1st Street 4.1.5 Impacts Related to Utilities and Service Systems 4.1.5.1 Potentially SÜmificant Adverse Impact Related to Television Reception The project will interfere with the transmission of television signals from area television stations as discussed in Secti~n 3.10 (Utilities and Service Systems) in the EIR. 4.1.5.2 Finding Related to Television Reception Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page J 5 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.1.5.3 Facts in SUDport of the Finding Related to Television Reception For residential uses which do not have cable television, area television reception will be impacted because the project will inteñere with television transmission from area television stations. It is anticipated that the proposed project will interfere with commercial and public station television signals for those living south and east of the project site because these signals are transmitted from hills in the Los Angeles northwest of the project site. This is an unavoidable adverse impact of the project because 70 percent of Santa Ana residents rely on television antennas to receive broadcast television signals. No mitigation for this impact is proposed. 4.1.5.4 Level of Significance oflIÌ1Dacts Related to Television ReceDtion The interference with television reception is an unavoidable adverse impact which cannot be mitigated below a level of significance because mitigation is not possible. 4.1.6 Impacts Related to Aesthetics 4.1.6.1 Potentially Significant Adverse ImDact Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the One Broadway Plaza project will result in adverse impacts in the areas of land use scale and shade, and shadow impact. 4.1.6.2 Finding Related to Aesthetics Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.6.3 Facts in SUDDort of the Finding Related to Aesthetics The 37-story office tower would exceed the height, mass and scale of existing structures on and near the site. The contrast in height, mass and scale of the parking structure and tower relative to existing buildings on and near the site cannot be mitigated. The contrast would be a significant adverse visual impact on the site and surrounding area. Residential uses in the areas north of W ashington Avenue, east of Sycamore Street and west of Broadway Street would be considered sensitive to additional amounts of shade because of the use of the outdoor areas at these residences. Loss of sunlight would affect these uses during ~inter and summer mornings and evenings. These areas will receive a half hour more of shade as the shadow cast by the project office building and parking garage moves as the sun moves in the sky. During the winter and summer months, this additional shading would be a significant adverse impact which cannot be mitigated. Ulv/regoso/wp51/reports/One Broadway final findings June 28, 2004 Page 16 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.1.6.4 Level of SÜmificance of ImDacts Related to Aesthetics The land use scale and shadow impact of the One Broadway Plaza cannot be mitigated to below a level of significance because mitigation is not possible. 4.1.7 Impacts Related to Cultural and Historic Resources 4.1.7.1 Potentially Significant Adverse Impact Related to Cultural and Historic Resources As described in detail in Section 3.12 (Cultural Resources) in the EIR., the proposed One Broadway Plaza project will result in adverse Impacts due to the relocation or demolition of two historic homes on Broadway Street which are listed in the City of Santa Ana Register of Historic Property. 4.1.7.2 Finding Related to Cultural and Historic Resources Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.7.3 Facts in SUDDort of the Finding Related to Cultural and Historic Resources The Yale Apartments (1009 North Broadway Street) and the Twist-Basler House (1015 North Broadway Street) were detennined to meet the designation criteria in Section 30-2 of the Santa Ana Municipal Code and were placed on the City of Santa Ana Register of Historic Property in December 1998. Implementation of mitigation measures CR-l, CR-2 and CR-9, below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to cultural and historic resources. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. CR-l Relocation of Historic Resources at 1007-1009 North Broadway (Yale Apartments). The historical resources proposed for demolition as part of the proposed One Broadway Plaza project should be made available for relocation as follows: A. The availability of the Yale Apartments for relocation shall be noticed by posting a sign at a location that is visible from the public right-of-way and by advertising in at least one newspaper with a local circulation. These fonns of notification shall persist at least 14 days; B. The buildings shall be made available free of charge for at least 60 days; C. Plans for the relocation of the buildings shall be submitted to and evaluated by the City Council; D. If the City of Santa Ana Plarming Commission approves the relocation plan, the applicant has 30 days to remove the building(s) from the project site. If the building(s) U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 17 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings are not removed at the end of the 30 days, they may be demolished after they have been documented, as required in measure CR-2; and E. The length of this process shall endure for no more than 240 days from the date a demolition application is submitted. CR-2 Recordation of Historic Resources for 1007-1009 North Broadway (Yale Apartments). Although the demolition of an historical resource cannot be mitigated to below a level of significance, the following actions are important for documenting their loss for posterity. In the event the Yale Apàrtments are not relocated, they shall be docwnented, prior to the issuance of a demolition permit, in a report consistent with Historic American Buildings Survey (HABS) standards. That report shall docwnent the. significance and physical condition of the buildings proposed for demolition, both historic and current, photographs, written data and text. The report and historic survey must be completed by a person technically trained in the HABS methods. This docwnentation shall include: A. A brief written historic and descriptive report in narrative format, including an architectural data form; B. A site plan on 8" x 11" paper shows the location of the building. This site plan shall include a photo-key. The site plan will include appropriate measurements; C. A sketch floor plan on 8" x 11" paper shall accompany each architectural data form; D. Large format (4" x 5" or larger negative size) photographs in accordance with the HABS guidelines. Views shall include several contextual views, all exterior elevations, detailed views of significant exterior architectural features and interior views of significant historical architectural features or spaces (if any). All photographs will be black and white, will include captions and will be listed in a separate index; E. Field photographs (35mm) based on the HABS guidelines. Views as detailed in large format photographs. All photographs will be black and white, will include captions and will be listed in a separate index; F. The report shall include copies or prints of any available original plans and historic photographs; G. Archivally stable reproductions of any available significant historic construction drawings and photographs; and H. Archival copies of the docwnentation shall be submitted to the City of Santa Ana. I. In addition to the documentation identified above, the documentation shall include U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 18 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Elevations of all sides of the buildings on minimum 19" x 24" mylar and waterproof ink, copied and reduced to 8.5" x 11" on archival bond. . Floor plan with measurements. . Site plan should also include measurements. . Photographically must include a separate index and captions and all photos should be black and white. J. All survey infonnation must be perfonned by a person technically trained in HABS methods. CR-9 Relocation for Resources listed on the City of Santa Ana Register of Historical Property at 1015 North Broadway (Twist-Basler House). The developer shall relocate the structure located at 1015 North Broadway to a City approved location. Further, the structure shall be placed on a pennanent foundation, have all utility services connected/operational and be rehabilitated to City standards. 4.1.7.4 Level of Significance of Impacts Related to Cultural and Historic Resources The adverse impacts of the project related to the removal of three historic structures and the changes to the setting of the historic structures cannot be mitigated to below a level of significance. Therefore, the One Broadway Plaza project will result in significant adverse impacts on historical resources that cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CAN BE MITGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza project which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the noted mitigation measures. 4.2.1 IMPACTS RELATED TO TOPOGRAPHY, GEOLOGY AND SOILS 4.2.1.1 Potentially Significant Adverse Impacts Related to Tonogranhv. Geology and Soils As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, the One Broadway Plaza project will impact existing topography and soils on the project site. U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page J 9 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.1.2 Findings Related to Topographv. Geology and Soils Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.1.3 Facts in Support of the Findings Related to To~ography and Soils Implementation of mitigation measures G-l and G-2, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to topography and soils, and will reduce these potentially significant adverse impacts to below a level of significance. G-l The design for the project will comply with all provisions of the Preliminary Geotechnical Feasibility Investigation perfonned by Zeiser Kling Consultants and their Addendum Recommendations, including recommendations for grading, removal and recompaction of soils, foundations, settlement, pile foundations, design criteria, seismic design, retaining walls, ferrous corrosion, surface drainage, pavement design, concrete hardscape, soldier pile/logging system and supplemental investigations. G-2 Prior to acquiring a grading pennit for project construction, the developer will prepare a Final Geology and Soils Report, to specifically assess the following: 1. The shrink-swell potential of potentially expansive soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. 11. The potential for compressible soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. The recommendations from the Final Geology and Soils Report will be incorporated into the grading plan for the project. 4.2.1.4 Level of Significance of Impact Related to Topographv and Soils The adverse impacts of the One Broadway Plaza project related to topography and soils will be mitigated to below a)evel of significance. 4.2.2.1 Potentially Significant Adverse Impact Related to Fugitive Dust As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, construction of the One Broadway Plaza project will create dust. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 20 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.2.2 Findings Related to Fugitive Dust Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.2.3 Facts in Support of the Finding Related to Fugitive Dust Implementation of mitigation measure G-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to fugitive dust, and will reduce these potentially significant adverse impacts to below a level of significance. G-3 Prior to obtaining a grading pennit for project construction, the Final Geology and Soils Report will specifically assess grading control with special emphasis on controlling fugitive dust which could be generated during site preparation, grading and construction. The reports will specifically provide for establishing procedures for dust control and monitoring so that unacceptable levels of dust do not escape from the site. These dust control measures will be coordinated with the dust control measures described in Section 3.4 (Air Quality). The standards and procedures developed in the reports will be incorporated into the grading plan to be followed by the project developer. 4.2.3.1 Potentially Significant Adverse Impact Related to Seismicity As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, construction the One Broadway Plaza project will be subject to future seismic activity. 4.2.3.2 Findings Related to Seismicity Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Seismicity Implementation of mitigation measure G-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to seismicity, and will reduce these potentially signific~t adverse impacts to below a level of significance. G-4 All structures to be erected on the One Broadway Plaza site will be designed in accordance with the seismic design provisions in the Final Geology and Soils Report and of the Unifonn Building Code to promote safety in the event of such an earthquake. 4.2.4.1 Potentially Significant Adverse Impact Related to Groundwater U/vfregosolwp5 J /reports/One Broadway final findings June 28, 2004 Page 2 J One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, foundation piles could introduce contaminants such as drilling oil or construction materials into the Orange County Groundwater Basin. 4.2.4.2 Findings Related to Groundwater Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . 4.2.4.3 Facts in Support of the Finding Related to Groundwater Implementation of mitigation measure G-5, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to groundwater, and will reduce these potentially significant adverse impacts to below a level of significance. G-5 During final design, the developer will consult with the Orange County Water District and the Regional Water Quality Control Board, Santa Ana, regarding intrusion of foundation piles into the Orange County Groundwater Basin. The project applicant will solicit the appropriate permits and approvals from the OCWD and the RWQCB for the anticipated intrusion of the foundation piles into the Groundwater Basin and will incorporate measures identified by those agencies in the final design and construction specifications for the project. 4.2.2 IMPACTS RELATED TO HYDROLOGY AND WATER QUALITY 4.2.5.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Oualitv As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, construction of the project may generate surface runofIwith pollutants that could impact area receiving waters. 4.2.5.2 Findings Related to Hvdrology and Water Ouality Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.5.3 Facts in Support of the Finding Related to Hvdrology and Water Ouality Implementation of mitigation measures W -1 to W -6, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction related activities which may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W -1 Prior to the issuance of a grading permit for the project: U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 22 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings The developer will prepare and submit a Notice of Intent (NO!) to the State Water Resources Control Board (SWRCB). The developer will submit the NOI and the project Water Discharge Identification Number (WDIN) to the City of Santa Ana City Engineer. - The developer will prepare a Stonnwater Pollution Prevention Plan (SWPPP) and will submit the SWPPP to the City Engineer for review and comment. The developer will maintain the SWPPP on the construction site throughout the construction period. W -2 During all site preparation, grading and construction, the project contractors will comply with all applicable requirements of the NPDES pennit, the Drain~ge Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). The project contractors will incorporate Best Management Practices (BMPs) from the DAMP and LIP and will W-3 During all site preparation, grading and construction, the construction contractors will be responsible for implementing the SWPPP provisions. The SWRCB is responsible for monitoring and enforcing the provisions of the SWPPP. In addition, the City Engineer will monitor and enforce these provisions during all site preparation, grading and construction, as appropriate, to ensure the SWPPP is properly implemented. W-4 Prior to the issuance of grading pennits, the Project Developer shall provide for the review and approval of the Director of Public Works a Water Quality Management Plan (WQMP) prepared for the project consistent with the Orange County Drainage Area Management Plan. The WQMP shall contain provisions and BMPs for both construction and operating conditions. Refer also to mitigation measure G-5, above, in Section 3.2 (Topography, Geology and Soils) which addresses mitigation for potential adverse impacts on groundwater related to the foundation piles for the project structures. 4.2.6.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Ouality As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, operation of the project may create runoff water containing pollutants that could impact area receiving waters. 4.2.6.2 Findings Related to Hydrology and Water Ouality Changes or alterations have been required in, or incorporated into, the proposed One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Hydrology and Water Ouality Implementation of mitigation measures W -5 to W -8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to operational activities which U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 23 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W -5 Prior to the issuance of grading pennits, the Project Developer shall submit a final drainage plan for the proposed One Broadway Plaza project for review and approval by the City Engineer. W -6 Prior to the issuance of the first building pennit, the Project Developer shall pay the City's drainage impact fee.. . W-7 During operation of the proposed project, the Project Owner/Operator shall ensure that all pest control, herbicide, insecticide and other similar substances used as part of maintenance of project features are handled, stored, applied and disposed consistent with all applicable federal, state and local regulations. The City Engineer shall monitor and enforce this prOVISIon. W -8 Prior to the issuance of grading pennits, the City Engineer shall verify that structural BMPs have been pennanently incorporated into project plans by the applicant. Such BMPs shall ensure that pollutants from project-related stonn water are mitigated consistent with applicable state and local standards. 4.2.3 IMPACTS RELATED TO AIR QUALITY 4.2.3.1 Potentially SÜmificant Adverse Impacts Related to Short Tenn Air Ouality As described in detail in Section 3.3 (Air Quality) in the EIR, the project will result in short tenn construction related air quality impacts. 4.2.3.2 Findings Related to Short Tenn Air Ouality Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza proj ect which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Short Tenn Air Oualitv Impacts Implementation of ~itigation measures AQ-l to AQ-15, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to short tenn ~r quality and will reduce these potentially significant adverse impacts to below a level of significance, except for short term to NOx and PMlO, as described earlier. 4.2.3.1 Potentiallv Significant Adverse Im?acts Related to Long Tenn Air Ouality Impacts As described in detail in Section 3.4 (Air Quality) in the EIR, long tenn operation of the project would generate air quality pollutants. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 24 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.3.2 Findings Related to Lone: Term Air Oualitv Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Findine: Related to Lone: Term Air Oualitv Impacts Implementation of mitigation measures AQ-16 to AQ-32, provided above, will substantially lessen the adverse impacts of the One Broadway Plaza project related to long term air quality and will reduce these potentially significant adverse impacts to below a level of significance, except for to NOx, as described earlier. 4.2.4 IMPACTS RELATED TO SURFACE TRANSPORTATION 4.2.4.1 Potentially Significant Adverse Impacts Related to Surface Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project may impact surface transportation routes adjacent to or in the vicinity of the project site. In addition, the project may impact surface transportation routes in the Willard, French Court and French Park neighborhoods. 4.2.4.2 Findine:s Related to Surface Transportation Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.4.3 Facts in Support of the Finding Related to Surface TransDortation Impacts Implementation of mitigation measures T -1 to T -1 7 will substantially lessen the adverse impacts of the One Broadway Plaza project related to surface transportation, and will reduce many of these potentially significant adverse impacts to below a level of significance. Some traffic impacts are still significant after mitigation, as described earlier. Measures T -1, T -4, T -5, T -6 and T -7 were provided earlier. The remaining traffic measures are provided below. T-2 The project proponent shall pay for all costs for the installation of a roundabout at the intersection of Sycamore Street and 10th Street. . T-3 The proj ect proponent shall pay all costs to install pedestrian crosswalks and a refuge area at the intersection of Sycamore Street and 10th Street where a roundabout is to be constructed. The project developer shall be required to pay all costs (design, construction, administration and inspection) for these mitigation measures, as they are part of the roundabout as stated in T -2. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 25 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings T -8 Westbound Santa Clara Avenue shall be re-striped at Broadway Street to provide one left turn lane and one shared left turnlright turn lane. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re-striping when project building pennits are issued. T-9 Northbound Grand Avenue from Fruit Street to 14th Street shall be re-striped at Santa Ana Boulevard/I-5 HOV ramps to provide three northbound travel lanes. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re-striping when project building pennits are issued. T -10 1-5 northbound off-ramp' shall be re-striped to provide a westbound left turn lane, a shared left turnlright turn lane and a right turn lane at Grand Avenue. The project developer shall pay all costs (design, pennitting, construction, administration and inspection) when building pennits are issued. T-11 A new traffic signal shall be installed at the intersection of Main Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when project building pennits are issued. T -12 A new traffic signal shall be installed at the intersection of Santa Ana Boulevard and French Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building pennits are issued. T -13 A new traffic signal shall be installed at the intersection of Sycamore Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The proj ect proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building pennits are issued. T-14 The project proponent shall pay the appropriate City Transportation System Improvement fee to help <;>ffset the One Broadway Plaza Projects' impact on the City of Santa Ana street system. ' . T -15 The developer should coordinate with the Orange County Transportation Authority (OCT A) to identify ways to enhance transit use by tenants of One Broadway Plaza. The project developer shall install a bus stop, bus transit or any other transit related improvements if requested by the OCT A. T -16 The project proponent shall satisfy the relevant requirements of the City's TDM Ordinance, including confonnity of site plans with facility standards specified in the TDM Ordinance, U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page 26 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings and submission and implementation of a TDM strategy plan and program. T-17 The project developer shall contribute to neighborhood traffic studies for the six neighborhoods evaluated in Section 3.5-8 (including before and after traffic counts) in order to assess any intrusion of proj ect traffic into these neighborhoods. If traffic intrusion attributable to the project is identified, corrective measures will be identified. Depending on the potential impacts, examples of corrective measures could include; forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. If approved by the neighborhoods per the City's procedures for Neighborhood Traffic Plans, corrective measures will be implemented at a maximum cost to the developer of $200,000 per neighborhood. The funds to implement the improvements are directly payable to the City of Santa Ana prior to issuance of building p~nnits. T-24 In order to minimize traffic trom the One Broadway Plaza project trom entering the French Park Neighborhood, the traffic diverters currently located in French Park shall become pennanent (Added by the Planning Commission on February 23,2004). T -25 Vehicles traveling westbound on W ashington Avenue shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23, 2004). T -26 Vehic1es traveling eastbound on Tenth Street shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23,2004). 4.2.5 IMPACTS RELATED TO PARKING 4.2.5.1 Potentially SÜmificant Adverse Impacts Related to Parking As described in detail in Section 3.5 (Transportation) in the ErR, unsafe sight distances may be created by the project. The proposed projects could result in adverse off site parking impacts. 4.2.5.2 Findings Related to Parking Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR.' 4.2.5.3 Facts in Support of the Finding Related to Parking Impacts Implementation of mitigation measures T-18 and T-19, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T -18 The project parking garage entrances/exits shall be designed to meet City sight distance standards. A new landscaped median shall be constructed at the intersection of Broadway and the parking structure egress to restrict left turn movements of vehicles exiting on U/vfregosolwp51/reports/One Broadway final findings June 28.2004 Page 27 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings Broadway subject to the review and approval of the City Engineer. The project proponent shall pay all costs associated with this median prior to building pennits being issued. T-19 To assure use of onsite parking as intended, the project CC&Rs will require that all commercial tenant leases specify that employees must park onsite within the One Broadway Plaza parking garage. In addition, the property manager will require that parking personnel patrol adjoining properties on a daily basis to enforce such lease provisions. This daily patrol will be perfonned by a unifonned parking employee driving a utility vehicle that will be signed to identify it as a part of the One Broadway Plaza Management. The areas to be patrolled will be marked on a grid map of the streets surrounding One Broadway Plaza. 4.2.6 IMPACTS RELATED TO PEDISTRIAN ACCESS 4.2.6.1 Potentially Significant Adverse Impacts Related to Pedestrian Access As described in detail in Section 3.5 (Transportation) in the EIR, the project may adversely impact pedestrian access in the vicinity of the project site during project construction. 4.2.6.2 Findings Related to Pedestrian Access Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Pedestrian Access Impacts Implementation of mitigation measures T-20, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T -20 The project developer shall provide pedestrian access around the project site during project construction activities and post appropriate signs around the site directing pedestrians to use the sidewalks across the street from the project site. Pennanent sidewalks shall be installed around the project site to provide for pedestrians access to the site. 4.2.7 IMPACTS RELATED TO AIR TRANSPORTATION 4.2.7.1 Potentially Significant Adverse Impacts Related to Air Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project office building may interfere with flights into John Wayne Airport (JW A) and other area airports. In addition, the helipad on the office building may interfere with flights into JW A and other area airports. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 28 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.7.2 Findings Related to Air Transportation Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.7.3 Facts in SU1;)port of the Finding Related to Air TransDortation Impacts Implementation of mitigation measures.T-21 to T-23, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to air transportation and will reduce these potentially significarit adverse impacts to below a level of significance. T -21 Prior to approval of the project plans, the project proponent will file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA). Conditions placed on the project by the FAA will be incorporated in the final design and construction of the project office tower. T-22 Prior to approval of the project plans, the project proponent shall take the project to the Orange County Airport Land Use Commission for a review and consistency detennination. T -23 After certification of the project Final EIR, the project proponent shall apply to the Caltrans Aeronautics Department for a State Heliport Permit. 4.2.8 IMPACTS RELATED TO HAZARDOUS MATERIALS 4.2.8.1 Potentially Significant Adverse ImDacts Related to Hazardous Materials As described in detail in Section 3.6 (Hazardous Materials) in the EIR, demolition activities could release asbestos containing building materials and lead based paint into the atmosphere. In addition, hazardous materials may be used in the construction and operation of the project. 4.2.8.2 Findings Related to Hazardous Materials ImDacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.8.3 Facts in SUDDort of the Finding Related to Hazardous Materials ImDacts Implementation of mitigation measures HZ-I to HZ-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to hazardous materials, and will reduce these potentially significant adverse impacts to below a level of significance. HZ-I The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of asbestos-containing materials prior to the issuance of demolition permits for the site. The demolition contractor may submit copies U/vfregoso/wp5 J /reports/One Broadway final findings June 28, 2004 Page 29 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings of asbestos inspection reports for the site already prepared to satisfy SCAQ1vID Rule 1403 to fulfill this requirement. HZ-2 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of lead-based paint prior to the issuance of demolition permits for the site. Building inspection reports already prepared by the contractor to satisfy Cal-OSHA worker safety requirements may be submitted to fulfill this mitigation measure. HZ-3 Any use of hazardous materials or generation of hazardous wastes on the proposed project site must be conducted in accordance with applicable federal, state and local regulations. 4.2.9 IMPACTS RELATED TO NOISE 4.2.9.1 Potentially Si~ficant Adverse Impacts Related to Noise As described in detail in Section 3.7 (Noise) in the EIR, construction of the project may generate noise that would impact existing land uses on and adjacent to the project site. In addition, exterior noise from area land uses and street traffic will impact the project site. 4.2.9.2 Findings Related to Noise Imuacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.9.3 Facts in Support of the Finding Related to Noise Impacts Implementation of mitigation measures N-l to N-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction and operations noise and will reduce these potentially significant adverse impacts to below a level of significance. N-l Project construction shall be limited to the hours of 7 a.m. to 8 p.m. on Monday through Friday and from 8 a.m. to 8 p.m. on Saturday. . Construction shall not be allowed on Sunday or federal holidays (Added by the Planning Commission on February 23, 2004). N-2 Temporary noise barriers shall be installed between the project construction ,area and adjacent residents. These noise barriers may include the use of leaded blankets, an acoustic blanket or several layers of plywood. "Bravo" acoustic blankets may also be used. Barriers should be 16 to 20 feet high. N-3 The commercial buildings in the project will require mechanical ventilation to keep outside noise from entering the interior of these buildings. The central ventilation systems for the buildings shall allow for sufficient ventilation so that office windows can be closed. Air conditioning units may be adequate for mechanical ventilation as long as U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 30 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings they meet the ventilation requirements of the UBC. This shall be coordinated with the project's mechanical engineer. N-4. Prior to any site preparation, grading or construction, the project contractor will provide the Principals at the Orange County High School of the Arts and the El Sol Arts and Science Academy with the project construction schedule indicating the type of construction activity and duration. The project construction schedule shall address all construction activity from the start of the project to completion. 4.2.10 IMPACTS RELATED TO PUBLIC SERVICES 4.2.10.1 Potentially Significant Adverse ImDacts Related to Public Services As described in detail in Section 3.9 (Public Services) in the EIR, implementation of the project would increase the demand for police protection services and fire and emergency medical services. In addition, the project will generate additional students who would attend schools in the SAUSD. These schools are already overcrowded. School children walking by the project site could wander onto the site and be injured while the project is under construction. 4.2.10.2 Findings Related to Public Services Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.10.3 Facts in SUPDort of the Finding Related to Public Services Im~acts Implementation of mitigation measures PS-l to PS-12, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to public services, and will reduce these potentially significant adverse impacts to below a level of significance. PS-l The design of the project parking structure shall confonn to the City of Santa Ana Police Department's design standards for parking structures. PS-2 The design of the project shall include on-site office spaces for the SAPD which will be shared with anyon-site security staft: Two designated parking spaces will be provided for the SAPD near the main entrance of the proposed One Broadway Plaza project. PS-3 Prior to issuance of building pennits, the project developer shall submit a construction phasing plan for the proposed project to the SAFD. The plan will be consistent with SAFD Fire Code requirements. Also, the project developer shall provide evidence to the SAFD that the proposed fire protection services will be adequate to serve the proposed project development. A fire exit shall be provided in the office building along with adequate fire protection facilities and equipment to serve the proposed 37 -story office building. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 31 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings PS-4 Prior to issuance of building pennits, the project developer shall submit a construction phasing plan for the project to the SAFD. This plan will show that emergency vehicle access to the project site is adequate. Emergency access will be provided on Washington Avenue and Sycamore Street. PS-5 The final design of the project shall include fire sprinklers in the office building and parking garage at locations specified by the SAFD. The project shall also confonn to all applicable SAFD fire protection and access requirements. PS-6 The final design of the project shall include fire hydrants at locations specified by the SAFD. PS-7 The project developer shall notify the SAFD and SAPD when the office building heliport is operational. PS-8 The project developer shall contribute a fair share amount to have an emergency vehicle preemption detector placed on the existing traffic signal ann at the intersection of Broadway Street and 10th Street, Broadway Street and Washington A venue and W ashington Avenue and Sycamore Street. These detectors shall also be placed on any other traffic signal and modified as part of this project. PS-9 The project developer shall incorporate a repeater in the design of the project to prevent interference with Police and Fire Department radio signals. PS-I0 Prior to the issuance of building pennits, the project developer shall submit evidence to the City of Santa Ana of a fee payment between the developer and the SAUSD to offset school facility related impacts. PS-ll The project site and sidewalks adjacent to the site shall be properly barricaded to prevent unauthorized access to the site during project construction activities (Added by the Planning Commission on June 14,2004). PS-12 The Principals at Willard Intennediate School, the Orange County High School of Arts, El Sol Science and Arts Academy and Davis Elementary School shall be notified by the project developer before project construction begins that students may be required to use sidewalks on the opposite sides of streets to avoid project construction activities and closure of the sidewalks adjacent to the project site (Added by the Planning Commission on June 14, 2004). PS-13 The project developer shall submit to the Santa Ana Unified School District a School Access Plan that provides for the safe passage of students to and from Willard Intennediate School and the Orange County High School of the Arts. The plan shall be subject to approval by the Santa Ana Unified School District before construction activities are initiated. The School Access Plan shall include, but not be limited to: U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 32 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . The closure of the sidewalks on Washington Avenue, Tenth Street, Sycamore Street and Broadway adjacent to the project site. Appropriate signs shall be posted that the sidewalks are closed and pedestrians are directed to use sidewalks on the opposite sides of the streets. . Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimizing trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. . The posting of a flag person at the entrance(s) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. . The funding of crossing guards at the intersection of Washington A venue and Broadway, Washington Avenue and Sycamore Street, Tenth and Sycamore Streets and Tenth Street and Broadway. Crossing guards shall be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined to be necessary by the principal of the Orange County High School of the Arts (OCHSA), provide crossing guards at the intersection of Sycamore and Tenth Streets when special daytime performances are held at the OCHSA auditorium. . Provide sufficient written notice of commencement and completion of project construction activities to the principals of Willard Intermediate School and the Orange County High School of the Arts. . Provide the name and telephone number of a contact person who is knowledgeable about the proj ect for the developer and construction contractor for use by the principals of Willard Intermediate School and the Orange County High School of the Arts (Added by the Planning Commission on June 14, 2004). 4.2.11 IMPACTS RELATED TO UTILITIES AND SERVICES SYSTEMS 4.2.11.1 Potentially Significant Adverse Impacts Related to Utilities and Service Systems As described in detail in Section 3.10 (Utilities and Services Systems) in the EIR, implementation of the project will increase the demand for electricity, natural gas, cable television, telephone and solid waste services. The project will create a need for more water and will generate an additional amount of wastewater. In addition, runoff from the site could impact the existing area storm drain system. The project will require the abandonment of a water and sewer line in fart of Sycamore Street and installation of replacement lines in Washington A venue and lOt Street. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 33 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.11.2 Findings Related to Utilities and Service Systems Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza proj ect which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.11.3 Facts in SUP?ort of the Finding Related to Utilities and Service Systems Impacts Implementation of mitigation measures U-I to PS-IO, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to utilities and service systems, and will reduce these potentially significant adverse impacts to below a level of significance. U-l The project developer shall coordinate with SCE prior to construction to detennine the exact location of all underground and overhead electrical facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all electric facilities and associated structures to be left on the project site from damage. U-2 All new electrical lines shall be placed underground as required by the City of Santa Ana. U-3 The project developer shall coordinate with SCGC prior to construction to detennine the exact location of all underground natural gas facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all natural gas pipelines and associated structures to be left on the project site from damage. U-4 The project developer shall coordinate with Adelphia (fonnerly Com Cast) prior to construction to detennine the exact location of all underground cable facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing cable lines and associated structures to be left on the project site from damage. U-5 The project developer shall coordinate with Pacific Bell prior to construction to detennine the exact location of all underground telephone facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing telephone lines and associated structures to be left on the project site from damage. U-6 Prior to issuance of grading pennits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial use shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project office building. The project developer shall coordinate with City staff to develop appropriate recycling programs for this project. U-7 The project developer shall coordinate with the Santa Ana Water Utility prior to construction to detennine the exact location of all existing underground water facilities and take action to prevent damage to these facilities to be left on the project site or interference U/vfregosolwp51/reports/One Broadway final findings June 28, 2004 Page 34 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings with their operations. The project developer shall also pay their fair share amount for the necessary facilities to accommodate project-related water supplies. U-8 The project developer shall coordinate with CSDOC and the City of Santa Ana Public Works Department prior to construction to determine the exact location of all underground sewer facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all sewer lines and associated structures that will be left on the project site from damage. U-9 The project developer shall pay their fair share amount, as determined by the City of Santa Ana, to construct the proposed storm drain system serving the project site to Broadway Street in accordance with the City's Master Plan of Drainage. U-10 The project developer shall pay all costs for the construction of a new 8-inch waterline and a 6-inch sewer to be constructed within Washington Avenue and 10th Street to replace these lines abandoned in a portion of Sycamore Street. 4.2.12 IMPACTS RELATED TO AESTHETICS 4.2.12.1 Potentially Significant Adverse ImDacts Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the project will create an additional amount of light that could impact adjacent land uses. 4.2.12.2 Findings Related to Aesthetics ImDacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.12.3 Facts in Support of the Finding Related to Aesthetics ImDacts Implementation of mitigation measure AS-I, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to light and glare, and will reduce these potentially significant adverse impacts to below a level of significance. AS-I The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot candle power of light where possible, and will direct lighting towards the interior of the project site. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 35 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.13 IMPACTS RELATED TO HISTORIC RESOURCES 4.2.13.1 Potentially Significant Impacts Related to Historic Resources As described in detail in Section 3.11 (Cultural Resources) in the Draft EIR, the proposed project will result in the rehabilitation of the National Register eligible structure at 1103 North Broadway Street for use as office space. In addition, the proposed project will result in the renovation of structures at 1103, 1115-1117, 1205 and 1211 North Broadway, which are listed on the City's Register of Historical Property, for use as office space. 4.2.13.2 Findings Related to Historic Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza proj ect which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.13.3 Facts in Support of the Findin~ Related to Historic Resources Impacts Implementation of mitigation measures CR-3 and CR-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to historic structures, and will reduce these potentially significant adverse impacts to below a level of significance. CR-3 Rehabilitation for National and California Register Eligible Resource at 1103 North Broadway Street (McNeill-Basler House). The One Broadway Plaza project proposes the rehabilitation of the McNeill-Basler House confonn to the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995). The rehabilitation is for use as commercial space. Any rehabilitation must confonn with the Secretary of the Interior's Standards for Rehabilitation (United States Department of Interior National Park Service 1995). The following actions ensure compliance with the required Standards of Rehabilitation for proposed modifications to the structure at 1103 North Broadway: A. The rehabilitation of the structure at 1103 North Broadway Street shall confonn with the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995); B. Detailed plans of the rehabilitation of the McNeill-Basler House shall be submitted to the City of Santa Ana for review and approval, prior to any changes to this structure. The City shall have a qualified architectural historian review and approve the plans and monitor the rehabilitation program, for consistency with the Standards for Rehabilitation; and U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 36 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings C. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program and certification that the building is rehabilitated in accordance with the Secretary's Standards shall occur prior to issuance of a building pennit. CR-4 Rehabilitation for Resources Listed on the City of Santa Ana Register of Historical Property at 1103 North Broadway Street (McNeill-Basler House), 1109 North Broadway (Koenig House), 1115-1117 North Broadway (Macintosh Apartments), and 1211 North Broadway (Kelley House) shall be rehabilitated in their present locations. The One Broadway Plaza project proposes the rehabilitation of the structures at 1103, 1109, 1115-1117 and 1211 North Broadway Street for use as office space. These properties are all listed on the City of Santa Ana Register of Historical Property. Prior to any rehabilitation or modifications to the exteriors of these structures, other than painting, the project applicant must confonn with the requirements of Ordinance No. NS-2338 (An Ordinance of the City Council of the City of Santa Ana Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance). Mitigation measure CR-3, above, requires compliance with the Secretary of the Interior's Standards for Rehabilitation for the proposed modifications to and rehabilitation of the structure at 1103 North Broadway Street. This satisfies the intent of Ordinance No. NS- 2338 for this structure. For the remaining structures listed above, the following apply: A. Plans for modifications or rehabilitation to the exteriors of these structures must be approved by the Planning Commission prior to any changes to these structures. It is recommended that the Secretary's Standards for Rehabilitation be used to avoid any adverse effects to these recognized local historical resources; and B. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program of the work, and shall require review and approval of the plans by a qualified architectural historian, and certification that the plans follow the design standards adopted by the City. 4.2.14 IMP ACTS RELATED TO ARCHEOLOGICAL RESOURCES 4.2.14.1 Potentially Significant Adverse Impacts Related to Archaeological Resources As described in detail in Section 3.11 (Cultural Resources) in Draft EIR, unknown archaeological resources may be located on the project site which could be distributed and/or destroyed by project construction. In addition, there is a possibility that unknown human remains could be found on the project site. These remains could be disturbed during project construction. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 37 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.14.2 Findings Related to Archaeological Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.14.3 Facts in Support of the Finding Related to Archaeological Resources Impacts Implementation of mitigation measures CR-5 to CR-8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to archaeological resources, and will reduce these potentially significant adverse impacts to below a level of significance. CR-5 In the event unknown cultural resources are discovered during construction activities, all construction activities within the vicinity of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. CR-6 Human Remains If human remains are found during the test excavation, the Native American Graves Protection Act Guidelines and State law require that the crew halt the work in the immediate area; leave the remains in place and contact the City of Santa Ana project personnel and the Orange County Coroner. Until a representative of the Coroner's office reviews the remains in the field, they must not be removed. If the Coroner detennines that the remains are prehistoric, the Coroner will contact the Native American Heritage Commission and the most likely descendent from the Native American community will be infonned. The final deposition of remains will be coordinated by representatives of the property owner and the most likely descendent. CR - 7 Artifacts Any artifacts recovered shall be properly collected with photographs, field notes and locations plotted on a USGS 7.5' topographic quadrangle and a project map. Artifacts will be identified, catalogued and stabilized for curation. Any recovered artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials. The Anthropology Museum at California State University, Fullerton would be an appropriate repository to receive any artifacts collected on the project site. CR-8 Final Report A final report, including an itemized inventory and pertinent field data, shall be sent to the City of Santa Ana, the South Central Coastal Infonnation Center at California State University, Fullerton and the County of Orange Harbors, Beaches and Parks Department. U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 38 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.3 IMP ACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the One Broadway Plaza project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 and 4.2, above, no other potentially significant adverse project specific impacts of the proposed project are anticipated to occur. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and required further study in an EIR. The IS also provided analysis on the environmental effects of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Agricultural Resources The proposed project will not convert Prime Fannland, Unique Fannland or Fannland of Statewide Importance, as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use because there is no fannland on the project site. The proposed project will not conflict with existing zoning for agricultural use or a Williamson Act contract because the project site does not contain land designated for these uses. The proposed project will not require changes in the existing environment which, due to their location or nature, could result in conversion ofFannland to non-agricultural use because there is no fannland on the project site. 4.3.2 Air Quality The proposed project will not create objectionable odors affecting a substantial number of people because it will not create any odors objectionable to land uses adjacent to the project site. 4.3.3 Biological Resources The proposed project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game (CDFG) or the United States Fish and Wildlife Service (USFWS) because there are none of these species on the project site. The proposed project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS because there are none of these resources on the project site. U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 39 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings The proposed project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological inteITUption or other means because there are no wetlands on the project site. The proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites because there are no dispersion corridors or nursery sites on or adjacent to the project site. The proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance because there are no significant biological resources to protect on the site. The project proponent will also replace significant trees removed from the site with new trees planned as part of the project landscaping. The proposed project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation or other approved local, regional or state habitat conservation plan because there are no such plans for the project site. 4.3.4 Cultural Resources The proposed project will not directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature because there are no paleontological resources or unique geological features on the project site. 4.3.5 Geology and Soils The proposed project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault because there are no faults on the project site. iii. Seismic-related ground failure, including liquefaction because there are no liquefiable soils on the project site. iv. Landslides because the project site is flat and not subject to landslides. The proposed project will not result in substantial soil erosion or the loss of topsoil because standard measures will be taken to prevent soil loss from the project site during construction. The proposed project will not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 40 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings spreading, subsidence, liquefaction or collapse because there are no substantial deposits of these soils on the project site. The proposed project will not be located on expansive soil, as defined in Table l8-l-B of the Uniform Building Code (1994) because expansive soils do not exist or will be removed from the site during construction. Therefore, the proposed project will not create a substantial risk to life or property. Project generated wastewater will be removed from the project site by a sewer system. Therefore, the site soil will not need to support the use of a septic tank. 4.3.6 Hazards and Hazardous Materials The proposed project is not on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. The proposed project is not located in the vicinity of a private airstrip. The proposed project is on a developed block of land in an urban area. Therefore, the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including wildland fires that occur on land adjacent to urbanized areas or where residences are intermixed with wildlands. 4.3.7 Hydrology and Water Quality The proposed project will use existing supplies of domestic water and will discharge project wastewater to an existing sewer system. Therefore, the project will not violate any water quality standards or waste discharge requirements. The proposed project will use existing supplies of domestic water and is located on less than five acres of land. Therefore, the project site will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. The proposed project is a commercial project and will not place housing within a lOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The project site is not within a IOO-year flood zone and will not place structures that would impede or redirect flood flow within a lOO-year flood hazard area. The proposed project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam because the project site is not in an area subject to inundation should one of these structures fail. U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 41 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings The proposed project will not be subject to inundation by seiche, tsunami or mudflow because it is not located near any substantial bodies of water and not subject to mudflows. 4.3.8 Land Use and Planning The proposed project will not physically divide an established community because the project site is in an existing developed urban area. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan since it is located on an already developed area. 4.3.9 Mineral Resources There are no mineral resources on the project site. Therefore, the project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. The project will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, Specific Plan or other land use plan. 4.3.10 Noise The project site is not located near a public or private airport or airstrip and will not expose people residing or working in the project area to excessive airplane noise levels. 4.3.11 Population and Housing The proposed project will not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. 4.3.12 Public Services The project site is already served by a number of public service providers. The proposed project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfonnance objectives for public services other than fire protection, police protection and schools. 4.3 .13 Recreation The proposed project consists of an office building which will not increase the use of existing neighborhood and recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 42 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.3.14 Transportation and Traffic The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). 4.3.15 Utilities and Service Systems The proposed project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Sufficient water supplies will be available to serve the project from existing entitlements and resources, and no new or expanded entitlements will be needed. The proposed project will result in a detennination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. The proposed project will be served by a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs. The proposed project will comply with federal, state and local statutes and regulations related to solid waste. 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The MMP for the One Broadway Plaza project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation of the project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the One Broadway Plaza project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the One Broadway Plaza project. The City approves and will implement all the mitigation measures in the Final EIR. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 43 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected the alternatives discussed below for a variety of reasons; however, the goal for evaluating any and all alternatives is to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives. 6.1 PROJECT ALTERNATIVE CONSIDERED BUT REJECTED A potential Off-Site Alternative site located just east of the Main Place Mall on the old Main Street Concourse project site in the City of Santa Ana was considered as an alternative project site. The use of this site was rejected by the City because the Main Street Concourse project developer has brought a modified project back to the City for consideration and approval. This proposed project would also result in a high-density commercial project being developed on this site. There are no other sites in the City large enough to accommodate the One Broadway Plaza Project that are owned by the project developer or that currently have the appropriate General Plan and zoning designations that would allow their use for the One Broadway Plaza proj ect. 6.2 NO PROJECT ALTERNATIVE The No Project Alternative would be the continuation of the land uses under the Midtown Specific Plan on the site. The Midtown Specific Plan objectives for this area call for the continued existence of the existing land uses in the Broadway Corridor. The Midtown Specific Plan allows a floor area ratio (FAR) of 0.5 to 2.0 for this site which is 4.32 acres (188,179 square feet). The existing FAR for the site is approximately 0.4. The ultimate FAR for the project site for this Alternative is assumed to be approximately 0.5 because the Midtown Specific Plan does not include any objectives to encourage substantial new development on this site. Based on a FAR of 0.5, approximately 94,090 square feet of commercial office space would be provided under the No Project Alternative. Currently, there are 75,272 square feet of existing development on the site. Therefore, 18,817 square feet of new commercial office space would be constructed on the site under the No Project Alternative. This square footage could be accommodated in a three story building with 6,272 square feet (0.14 acre) per floor or multiple buildings with a total square footage of 18,817 square feet. This square footage could be developed on the existing parking lots on the site without removing any existing structures. The No Project Alternative would not meet the following project objectives: Ulvfregosolwp51lreportslOne Broadway final findings June 28,2004 Page 44 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area of the City. . To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high-profile tenants. . To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center of the County. . To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. . To provide for the public a world-class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To substantially increase employment opportunities within the City. . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. . To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. 6.3 MID-RANGE PROJECT ALTERNATIVE The Mid-Range Project Alternative assumes that a four story office building with a FAR of 1.5 would be developed on the project site. Based on the 1.5 FAR, approximately 282,269 square feet of commercial office space would be provided on the site. Currently, there are 75,272 square feet of existing development on the site. Therefore, 206,997 square feet of new commercial office space would be constructed under the Mid-Range Project Alternative. This square footage would be accommodated in a four-story building with 51,749 square feet (1.19 acre) per floor or multiple buildings with a total square footage of 206,997 square feet. The Mid-Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Mid-Range Project Alternative could meet the following project objectives: U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 45 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the sUITounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.4 LOW-RANGE PROJECT ALTERNATIVE The Low-Range Project Alternative assumes that a three story office building with a FAR of 1.0 and 188,179 square feet of commercial office space would be developed on the project site. CUITently, there is 75,272 square feet of existing development on the site. Therefore, 112,907 square feet of new commercial office space would be constructed on the site under the Low-Range Project Alternative. A three-story building with 112,907 square feet of commercial office space would have 37,635 square feet (0.86 acre) of office space per floor. The Low-Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Low-Range Project Alternative could meet the following project objectives: . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the sUITounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.5 COMP ARISON OF IMP ACTS Table 8.4-1 in the EIR compares the unavoidable adverse impacts of the One Broadway Plaza, the No Project, the Mid-Range Project and Low-Range Project Alternatives. That table is reproduced on the following page. In summary, the project will result in unavoidable adverse impacts related to short and long tenn air quality, surface transportation, utilities, aesthetics and cultural resources. 6.6 ENVIRONMENT ALL Y SUPERIOR AL TERNA TIVE Table 8.4-1 shows a comparison of the environmental effects of the project alternatives. Each of the alternatives would result in environmental impacts greater than the No Project Alternative. U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 46 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings Therefore, the No Project Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of project alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally superior alternative when the No Project Alternative is selected as the Environmentally Superior Alternative. TABLE 8.4-1 COMPARISON OF THE ENVIRONMENTAL EFFECTS OF THE PROJECT ALTERNATIVES FOR THE ONE BROADWAY PLAZA PROJECT Proposed No Project Mid-Range Low-Range Environmental Effect Project Alternative Proiect Alternative Proiect Alternative Land Use 1 1 1 1 Topography, Geology and Soils 2 2 2 2 Hydrology and Water Quality 2 2 2 2 Air Quality 3 2 3 3 Transportation 3 3 3 3 Hazards and Hazardous 2 2 2 2 Materials Noise 2 1 2 2 Population and Housing 1 1 I 1 Public Services 2 2 2 2 Utilities and Service Systems 3 2 2 2 Aesthetics 3 2 2 2 Cultural Resources 3 2 3 3 Legend 1. No impact or below a level of significance without mitigation. 2. Impact that can be mitigated to below a level of significance. 3. Impact that cannot be mitigated to below a level of significance. Source: P&D Consultants, Inc. (2002). Many of the environmental impacts of the proposed project are directly related to the size or intensity of the development and in general, projects with higher density will generally result in more adverse impacts compared to alternatives with a lower density. However, for most of the environmental categories, mitigation is anticipated to reduce the impacts of the Mid-Range Project and Low-Range Project Alternatives to below a level of significance although the Mid-Range Project and Low-Range Project Alternatives also do not meet all of the project objectives. The Mid- Range Project and Low-Range Project Alternatives will result in similar impacts compared to the proposed project after mitigation related to topography, geology and soils; hydrology and water quality; hazards and hazardous materials; public services; utilities and service systems and aesthetics. The Mid-Range Project and Low-Range Project Alternatives are anticipated to result in greater impacts related to air quality, circulation, noise, population and housing and cultural resources and aesthetics compared to the No Project Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City has balanced the benefits of the One Broadway Plaza project against its unavoidable adverse environmental impacts in detennining that the specific economic, legal, social, technological and/or other benefits outweigh the unavoidable significant adverse environmental U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 47 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings impacts of the project. Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Final EIR and/or other infonnation in the record. The reasons set forth below are based on the Final EIR and other infonnation in the record. Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that the benefits of the One Broadway Plaza project outweigh its unavoidable adverse environmental impacts and, furthennore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is detennined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to short and long tenn air quality, surface transportation, aesthetics, cultural resources and utilities include: 1. The project would allow the City to achieve the objectives which avoiding or minimizing significant adverse environmental impacts to the extent feasible. The project will: . Create a new City landmark by developing an office building with the height, scale and quality to serve as a focal point of the Downtown Redevelopment Area of the City. . Provide a substantial amount of Class A office space which is essential in the Downtown to ensure the long tenn viability of the area and orderly development in the Downtown. Without attracting such office space, the Downtown will continue to under perfonn in its role as the City's urban core. . Provide a large quantity of Class A office space in a configuration suitable for major, high profile tenants. . Provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center to attract major tenants needing to locate close to the government center of the City and Orange County. . Provide a Class A office building attracting professional tenants who will support the cultural and business activities in the central city area of Santa Ana. . Provide for the public a world class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. . Preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and which serve as public gathering places. . Substantially increase employment opportunities in the City of Santa Ana. U/vfregoso/wp5 J /reports/One Broadway final findings June 28,2004 Page 48 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Provide an on site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . Contribute to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural, dining and business activities and establish Santa Ana as a vibrant center of Orange County life. . Provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services and facilities. 2. Approval of the project would bolster the economic and social health of the Santa Ana Downtown area by aiding in the re-establishment of businesses in the project area by stimulating and attracting private investment, thereby improving the City's economic health, employment opportunities and the tax base. 3. The project would guide development toward and urban environment preserving the aesthetics and cultural qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. 4. Furthennore, there are no alternative sites in the City, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to short and long tenn air quality, surface transportation, aesthetics, cultural resources and utilities. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the One Broadway Plaza project related to short and long tenn air quality, surface transportation, aesthetics, cultural resources and utilities are acceptable and, furthennore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents included in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the infonnation contained in the record, the City of Santa Ana has made one or more of the following findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: U/vfregoso/wp51/reports/One Broadway final findings June 28,2004 Page 49 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. . Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and infonnation contained in the record, it is hereby detennined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 10. APPROVALS The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final ErR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the One Broadway Plaza Project, as described in the Final EIR, including the site approval and design. U/vfregoso/wp51/reports/One Broadway final findings June 28, 2004 Page 50 ORDINANCE NO. NS-2649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT ONE BROADWAY PLAZA FROM MIDTOWN SPECIFIC PLAN NO.3 (SP-3) TO ONE BROADWAY SPECIFIC DEVELOPMENT DISTRICT (SD-75) (M NO. 2004-01); AMENDING THE MIDTOWN SPECIFIC PLAN (ZOA NO. 2004-02) AND ADOPTING THE ONE BROADWAY SPECIFIC DEVELOPMENT DISTRICT (SD-75) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of 'Ærious entitlements in order to construct a thirty-seven (37) story, 493 feet in height, office tower located at One Broadway. On February 23, 2003, the Planning Commission held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. B. 3. Adopt an ordinance approving the rezoning the property located at One Broadway Plaza from Midtown Specific Plan No.3 (SP-3) to One Broadway Specific Development District (SD-75), Amendment Application No. 2004-01. Adopt an ordinance amanding to the Midtown Specific Plan (SP-3) (ZOA No. 2004-02). Adopt a resolution amending the General Plan of the City of Santa Ana to increase the Floor Area Ratio to 2.9, to classify streets as Local Commercial Streets, and to modify the Urban Design Element (GPA No. 2004-01). . The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for One Broadway on March 15, 2004, and at that time considered all testimony, written and oral. After closing this hearing, the City Council directed that a Development Agreement be negotiated. On June 14, 2004, the Planning Commission, held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 2. 4. C. D. 75F-14 E. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. Adopt and ordinance approving Development Agreement No. 2004- 01. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. On July 6, 2004, the City Council held a second duly noticed public hearing on the abovesaid actions for One Broadway, and at that time considered all testimony, written and oral. Amendment Application No. 2004-01 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at One Broadway from Midtown Specific Plan NO.3 (SP-3) to the One Broadway Specific Development District (SD-75). 1. SD-75 would allow professional and business offices; banks and similar financial institutions: service and commercial retail uses; restaurants; nightclubs, bars and indoor entertainment (with a Conditional Use Permit); coffee houses (with a Conditional Use Permit); and banquet facilities (with a Conditional Use Permit). Amendment Application No. 2004-01 is consistent with the General Plan, including but not limited to its goals and policies to: a. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 1. 2. 3. F. 2. b. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. Support developments that create a business environment that is safe and attractive. Land Use Element Policy No. 2.8. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Land Use Policy No. 1.3. Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Land Use Policy No. 2.7. Create an opportunity for Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Land Use Policy No. 2.11. Encourage large-scale office development with ancillary retail in the proximity' of thè Civic Center Complex, Downtown and c. d. e. f. g. h. 75F-15 3. Midtown urban areas. land Use Policy No. 2.12. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the One Broadway project is consistent with the purpose of the general plan. The Council has examined all of the goals and policies of the general plan, including: a. Promote the balance of land uses to address basic community needs. land Use Element Goal 1.0. 4. G. Promote land uses which enhance the City's economic and fiscal viability. land Use Element Goal 2.0. Support developments that create a business environment that is safe and attractive. land Use Element Policy 2.8. Enhance development sites and districts which are unique community assets that enhance the quality of life. land Use Element goal 4.0. Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. land Use Policy No. 1.3. Support projects that contribute to the redevelopment and revitalization of the central city urban areas. land Use Policy No. 2.7. . Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. land Use Policy No. 2.11. Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. land Use Policy No. 2.12. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 15, 2004 and July 6, 2004 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2004-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenienç:e, and general welfare. Zoning Ordinance Amendment No. 2004-02 has been filed with the City of Santa Ana to amend the Midtown Specific Plan (SP-3) to eliminate the area of the One Broadway Specific Design District from SP-3. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came b. c. d. e. f. g. h. 5. 6. H. 75F-16 before the City Council on March 15, 2004 and was approved and adopted by resolution at the second duly noticed public held on July 6, 2004. At the July 6, 2004 meeting, the City Council also adopted an ordinance rezoning the property (AA No. 2004-01), a resolution amending the City's general plan (GPA No. 2004-01) and a resolution approving Tentative Tract Map No. 2004-02. This ordinance incorporates by reference, as though fully set forth herein, the resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. The real property located at One Broadway is hereby reclassified from Midtown Specific Plan NO.3 (SP-3) to One Broadway Specific Development District (SD-75). Amended Sectional District Map number 12-5-10, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2004-01 ). Section 3. Midtown Specific Plan No.3 (SP-3) is hereby amended as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein. (lOA 2004-02). Section 4. One Broadway Plaza Specific Development District (SD-75) as set forth in Exhibit "C", attached hereto and incorporated as though fully set forth herein, is approved adopted in its entirety. Section 5. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this - day of ,2004. Miguel A. Pulido Mayor 75F-17 APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2649 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: Clerk of the Council City of Santa Ana 75F-18 H.~ ITl1a + SEVENTEENTH "i-~~'~~"- C1 ! C1 ~ 1!! Cl ~ ¡f, "'jot -m.' f'OO" ST. t.S-TO L---.J L.-J L.-.J I...---J \...--J I '---JU t..H.¡ !i;~I-~I.~ 01 " l"l ", i8B~l'" w,. - SP.3 SP.3'-. R1 R1 R3- A3- :: A3- 'L:r.,s : [ ~,~', R2' i HOII HDII HOII R3- K3- 1. SP : "" ,°" ~a" RJ ., ~ .~" trn"' "' .. BB[" ."' "' ,.. ."' ß' 80:;' \~ :1 "~~ ":o~., Œjm~ . . "" ¡ ~¡ ~..;;:~ ~~{ . ~ . ..- c..:-. Ilirl'J[, I..~~~~¡~ . P ~ ... C3~"1 C3~ I[ 50,13 SO.2 ¡ ;0" D.:: C3A JcJ.A I J ~:~'i [ , SO., ~ = II C3.A C3-A ~ I ~ 7~ , _.~.................. + I!nn r--1111J.s.lal (ii-54 ST. 11.5010 SP~1 ! ; RI A1 ,~n, RI . ¡-: RI L2 fJ I 0 R2 R' RI I, ... .. l&fj A2 ,! A2 ....~ : ~i ][ J: J! J! 1 J SP-' J! JI SP-1 ...JJ¡ 'TU gJiEj ~ I Sp.1 mJ8 RI . SP RI- .1 Rl RI ---' ""TI SD.20 ,ira' RI R2 [jI] I~\.. I[~] I P ~ b:::j" GC P IG§]~ IQ§] SO-55 ~ R2 P P P (;1 II FIRST II II II )1 Zoning District ADOPTED 6V RESOLUTION NO, 5186 BY THE SANTA ANA PlANNING CQMMISIQN PAAT OF ORDINANCE NO. NS-394 ADOPTED BY THE SANTA ANA CITY COUNCIL. AUGUST 17, 1959. SC..u.etNFEET I ,= At GEN(RAL AGRICULTURE CS ARTEAIAl COMMERCIAl PRO PlANNED RESIDENTIAl,. DEVELOPMENT .a PARKING MODIF!CATlON CA COMMERCIAL RESIDENTIAL At SINGLE ~AMILY RESIDENTIAL C-SM COMMEACIAl SOUTH MAIN GC GOVERNMENT CENTER A2 LIMITED MUlTIPLE FAMILY AES. CI COMMUNITY COMMERCiAl Mt LIGHT INDUSTRIAl A3 MEDIUM DENSITY MUlTIPLE C1.MD COMM. COMMERClAUMUSEUM DISTRICT M2 HEAVY INDUSTRIAl FAMILY RESIDENTIAl C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS A' SUBURBAN APARTMENTS co CENTRAl BUSINESS 0 OPEN SPACE AE REAL ESTATE C3-A CENTAALBUSINESS'AATIST VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT C4 PlANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PlAN 60- -6000 UINIUUU I"I'ICNT,t,Ge: UINIMlJU LOT AAEA La.INtR..,.;Iio"C8I.. 2.2~ PllSloW'l$tliEOI'RCLll..SECTk:)ttJ,t DISTJIIC1'w.PO~T\04£e""IYS»I1',t,,I.N"" ,t,S.wrwoRlttOtVCtNeOVtte.. RaoLU1"IOfoINO.:r..,ð:l.DATeDI'.I.T'.1 I-IEREÐY..nES'I'T1-I.A1'11-IISIoIIU'I!ATRU! . eopy OF'nI! ORIGIN#/. SECTION""- Dl$TII,cf IAAPNO.rl-$oJø, -~~~~ oePVI'VÇIl'Y"~FO!I D£'Æ!..Of'U(M'stIlVlCES C.,Irieot.().o.. sr;;PTEMB"R10 193' FlU '''-A/MIl,NO """"'059 "''''10158 "."'116-1 A.A.",~ A."-0..2 0'10 IRES NO. N$-2,TT .~= NS-rt~1 """, ...".. ~OOA.TE 9-:1.92 7,,6-9' "1S.~ 12.1.011 6-'s.'U --, ~ ~ ~ ~ ~ 11:"". 'A.A.I»4X_NO ~,JRE$,NO -"ùOPTEOCArE Y""I'IOV~C PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA 75F-1 Exhibit "A" EXHIBIT B REFER TO TAB "S" IN BINDER- EXHIBIT 18 - MIDTOWN SPECIFIC PLAN 75F-20 EXHIBIT C REFER TO TAB "T" IN BINDER- EXHIBIT 19 - SPECIFIC DEVELOPMENT PLAN NO. 75 75F-21 KO- 06/30/04 RESOLUTION NO. 2004-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO INCREASE THE FLOOR AREA RATIO OF THE ONE BROADWAY PLAZA DISTRICT CENTER TO 2.9, TO CLASSIFY STREETS AS LOCAL COMMERCIAL STREETS, TO MODIFY THE URBAN DESIGN ELEMENT TO INCORPORATE ONE BROADWAY (GPA NO. 2004-01) AND TO REPEAL RESOLUTION NO. 2000-059 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: B. Applicant is requesting approval of various entitlements in order to construct a thirty-seven (37) story, 493 feet in height, office tower located at One Broadway. On February 23, 2003, the Planning Commission held a duly noticed public hearing, and by a vote of 6: 1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. A. C. Adopt an ordinance approving the rezoning the property located at One Broadway Plaza from Midtown Specific Plan NO.3 (SP-3) to One Broadway Specific Development District (SD-75), Amendment Application No. 2004-01. Adopt an ordinance amending to the Midtown Specific Plan (SP-3) (ZOA NO. 2004-02) Adopt an resolution amending the General Plan of the City of Santa Ana to increase the Floor Area Ratio of One Broadway Plaza District Center to 2.9, to classify streets as Local Commercial Streets, and to modify the Urban Design Element (GPA No. 2004- 01) The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for One Broadway on March 15, 2004, 2. 3. 4. 7 SF -22 Resolution No. 2004-021 Page 1 of 5 D. and at that time considered all testimony, written and oral. After closing this hearing, the City Council directed that a Development Agreement be negotiated.' On June 14, 2004, the Planning Commission, held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. Adopt and ordinance approving Development Agreement No. 2004- 01. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. On July 6,2004, the City Council held a second duly noticed public hearing on the abovesaid actions for One Broadway, and at that time considered all testimony, written aoçj oral. General Plan Amendment No. 2004-01 has been filed with the City of Santa Ana to: 2. 3. E. F. G. Modify the Land Use Element as follows: a. Creation of the One Broadway Plaza District Center. b. To increase the Floor Area Ratio (FAR) of the property located at One Broadway to 2.9 (the FAR for One Broadway Plaza District Center). Revise and update the policies to accommodate large-scale office development. Revise the boundaries of the Midtown Specific Plan. Revise the Key Areas in the City of Santa Ana and the corresponding Floor Area Ratios. (Table A-2) Identify One Broadway Plaza District Center as a Major Development Area. Modify the Circulation Element to create a Local Commercial street classification and standards. Modify the Urban Design Element to incorporate One Broadway Plaza. The Council finds that General Plan Amendment No. 2004-01 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal 1.0 1. c. d. e. f. 2. 3. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal 2.0 75F-23 Resolution No. 2004-021 Page 2 of 5 H. Support developments that create a business environment that is safe and attractive. Land Use Element Policy 2.8 Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element goal 4.0 Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Land Use Policy No. 1.3 Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Land Use Policy No. 2.7 Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Land Use Policy No. 2.11 Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. Land Use Policy No. 2.12 The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests - including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services - and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the pOlicies stated in the general plan. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that the One Broadway project is consistent with the purpose of the general plan. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 15, 2004, and was approved and adopted by resolution at the July 6, 2004 hearing. At the July 6, 2004 meeting, the City Council also adopted an ordinance amending the Midtown Specific Plan (lOA No. 2004-02) and rezoning the property (M No. 2004-01), a resolution amending the City's general plan (GPA No. 2004-01), and a resolution approving Tentative Tract Map No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding 3. 4. 5. 6. 7. 8. I. J. 7 SF -24 Resolution No. 2004-021 Page 3 of 5 Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council hereby, approves General Plan Amendment No. 2004-01. The pages changed in the Land Use Element (Exhibit A), the Circulation Element (Exhibit B), and the Urban Design Element (Exhibit C) are attached hereto and incorporated herein by this reference as though fully set forth. Section 3. These General Plan amendments are expressly conditioned upon adoption by the City Council of Ordinance No. NS-2649. These changes shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then these General Plan amendments are null and void and of no effect. Section 4. The City Council hereby repeals in its entirety Resolution No. 2000- 059 entitled "A resolution of the City Council of the City of Santa Ana closing to vehicular traffic that portion of Tenth Street between Main Street and Sycamore Street," which repeal shall only become effective upon issuance of a Certificate of Occupancy to One Broadway Plaza. Section 5. This Resolution shall take effect immediately atter its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this - day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Deputy City Attorney 75F-25 Resolution No. 2004-021 Page 4 of 5 AYES: Council members NOES: Councilmembers ABSTAIN: Council members NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-021 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75F-26 Resolution No. 2004-021 Page 5 of 5 EXHIBIT A REFER TO TAB "0" IN BINDER- EXHIBIT 14 - LAND USE ELEMENT 75F-27 EXHIBIT B REFER TO TAB "Q" IN BINDER- EXHIBIT 16 - CIRCULATION ELEMENT 75F-28 EXHIBIT C REFER TO TAB "R" IN BINDER- EXHIBIT 17 - URBAN DESIGN ELEMENT 15Þ-29 ORDINANCE NO. NS -2656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ONE BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, AND 845 BROADWAY, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. 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. .. B. The City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on June 14, 2004 recommended approval of this Development Agreement. E. 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 the owner of One Broadway Plaza 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. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on July 6,2004, approved a Environmental Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, written findings and a statement of overriding considerations and the Council adopts this ordinance based upon said EIR, plan, findings and statement of overriding considerations. SECTION ?: Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby Ordinance No. NS-2656 Page 1 75F-30 authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. RFCTION ::\: 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2004 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Council members Ordinance NO. NS- Page 2 75F-31 NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS::2fi56 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: Clerk of the Council City of Santa Ana ordinance No. NS-2656 Page 3 75F-32 EXHIBIT A REFER TO TAB "V" IN BINDER- EXHIBIT 81 - DEVELOPMENT AGREEMENT 75F-33 KO-06/30/04 RESOLUTION NO. 2004-052 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2004-02 FOR THE PROPERTY lOCATED AT ONE BROADWAY (COUNTY MAP NO. 2003-262) BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. B. Tentative Parcel Map No. 2004-02 for the property located at One Broadway came before the City Council of the City of Santa Ana for a public hearing on July 6, 2004. Applicant filed Tentative Tract Map No. 2004-02, seeking to merge 12 parcels into one lot. On February 23, 2003, the Planning Commission held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. C. D. Adopt an ordinance approving the rezoning the property located at One Broadway Plaza from Midtown Specific Plan NO.3 (SP-3) to One Broadway Specific Development District (SD-75), Amendment Application No. 2004-01. Adopt an ordinance amending to the Midtown Specific Plan (SP-3) (lOA No. 2004-02). Adopt a resolution amending the General Plan of the City of Santa Ana to increase the Floor Area Ratio to 2.9, to classify streets as local Commercial Streets, and to modify the Urban Design Element (GPA No. 2004-01). The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for One Broadway on March 15, 2004, and at that time considered all testimony, written and oral. After closing this hearing, the City Council directed that a Development Agreement be negotiated. 2. 3. 4. 75F-34 Resolution No. 2004-052 Page 1 of 4 E. F. G. 3. On June 14, 2004, the Planning Commission, held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. Adopt and ordinance approving Development Agreement No. 2004- 01. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. On July 6, 2004, the City Council held a second duly noticed public hearing on the abovesaid actions for One Broadway, and at that time considered all testimony, written and oral. The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (GC) designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2004-02 (County Map No. 2003- 262) will have no adverse affect on the land uses as prescribed by the General Plan. The project will delete existing property lines and will be in compliance with the amended General Plan land use designation for the site. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2004-02 is in keeping with the provisions of Site Plan Review, Chapters 34 and 41 of the Santa Ana Municipal Code and the proposed provisions of Specific Development No. 75 (SD-75). These provisions pertain to the subdivision of land and development standards for the site. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2004-02 will not create a condition that makes the subdivision physically unsuitable for the site. This map is for lot consolidation purposes only and will facilitate the construction of a 37 -story office tower on the site. 2. 3. 2. 75F-35 Resolution No. 2004-052 Page 2 of 4 The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as the site is currently occupied by commercial structures. In addition, no fish or wildlife was identified as residing on the project site during the environmental review of this project. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. Environmental Impact Report No. 1999-01 has been prepared for this site which analyzes the environmental impacts of the map. As a result, approval of the tentative parcel map will not affect 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 use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC&Rs) will need to be submitted for this project. These CC&Rs will ensure that access, egress, and other necessary easements are maintained over the two parcels. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 15, 2004, and was approved and adopted by resolution at the July 6, 2004 hearing. At the July 6, 2004 meeting, the City Council also adopted an ordinance amending the Midtown Specific Plan (lOA No. 2004-02) and rezoning the property (AA No. 2004-01), a resolution amending the City's general plan (GPA No. 2004-01), and a resolution approving Tentative Tract Map No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2004-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. H. 4. 5. 6. 75F~~6 Resolution No. 2004-052 Page 3 of 4 Section 3. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council sheill attest to and certify the vote adopting this Resolution. . ADOPTED this - day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Deputy City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-052 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 15F-37 Resolution No. 2004-052 Page 4 of 4 Conditions for Approval for Tentative Tract Map No. 2004-02 Tentative Tract Map No. 2004-02 (County Map No. 2003-262) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Plannina Division 1. The Final Map is required to be recorded within seven years of the date of approval of the tentative map by the City Council. 2. Two copies of the recorded Final Map need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-10. 7. File, process and record Covenants, Conditions and Restrictions (CC&Rs) over the parcels that include, but are not limited to, vehicular ingress and egress, cross lot drainage, utilities, parking, emergency vehicle access, maintenance, irrigation and landscaping. EXHIBIT "A" 75F-38 B. Public Works Aaencv Prior to submittal of the map into technical plan check, complete the following: 1. Revise the plan to depict all active water services and sewer laterals, currently serving any of the existing buildings on the east side of Sycamore Street (between Washington Avenue and Tenth Street), to be relocated to Main Street before the Sycamore Street abandonment. 2. Revise the plan to incorporate construction of any proposed "SITE Design" BMP's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into drainage systems) to minimize the impervious areas and to maximize permeability and natural areas. Reference the Orange County Drainage Area Management Plan (DAMP) and Local Implementation Plan (LIP). 3. Revise the plan to incorporate construction of any proposed "Treatment Control" BMP's using the best available technology (such as biofilters, dry or wet detention basins, landscape detentions, wet pond or wetlands, drainage inserts, filtration basins) and recommend sizing calculations near pollutant sources, so as to infiltrate and filter the pollutants of concern in post development runoff flow prior to its discharge into any receiving body of water. Reference the Orange County Drainage Area Management Plan (DAMP) and Local Implementation Plan (LIP). 4. Revise the plan to change "Lot 1" to "Parcel 1" at two locations on the plan since this is a parcel map. 5. Revise the plans to change the 4.34 acres notation to read 4.80 acres (shown twice on the plan) to include the vacated area of Sycamore Street. 6. Revise the plans to label the boundary of the proposed parcel as "Parcel Boundary" since the proposed parcel line is not shown. Include the labeling of the line segments enclosing the vacated area of Sycamore Street. 7. Revise the plans to change the word "Revisionary" to "Reversionary" (shown twice on the plan). 8. Revise the plans to add the word "Dedication" to the "Corner Cutoff" references (shown three times on the plan). 9. Revise the plans to modify the proposed 17 foot by 17 foot corner cutoff dedication at the southwest corner of Washington Avenue and Sycamore Street to prevent the dedication from extending into the proposed parking structure and show the corner cutoff terminating at the parcel boundary. 10. Revise the plans to show the proposed parcel boundary concentric with and 1 0 feet inside the curb radius of 92 feet at the northwest corner of Tenth and EXHIBIT "A" 75F-39 11. 12. Sycamore Streets. Label the boundary "R = 82'," Arrow the spandrel area between the existing and proposed lines "To be dedicated for right-of-way." Revise the plans to add the following note to the map: "Note: This map is subject to on-site easements of record that are to be abandoned or relocated so as to not interfere with the proposed buildings, and also abandoned or relocated prior to issuance of any building permits." Depict the half-width dimensions of the remainder portion of Sycamore Street south of the parcel boundary that crosses Sycamore Street. EXHIBIT "A" 75E-40 June 29, 2004 City Clerk 20 Civic Center Plaza, 8th Floor JUH 30 9 t¡9 AH 'OLl GLL . CITY 01 i::: ~ ,':, ti ~.A PO Box 1988-M30 Santa Ana, CA 92702 I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety of OCHSA students if Tenth Street is re--opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (1) TENTII STREET IS NOT NECESSARY TO PROVIDE ACCESS TO ABUTTING PROPERTY; (2) TENTH STREET DIVIDES THE OCHSA CAMPUS; AND (3) CLOSING TENTH STREET IS NECESSARY TO PROTECT TIm STUDENTS. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown from 800 to 1,300 students since the time ofthat resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. 75F<41 At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. Please ensure that his letter is forwarded to the persons within the City necessary to address this issue. Regards, ~ {f: êf~ ~n.~~ Felipe V. Golez Dana N. Berkelrath The parent of an OCHSA student 949-376-5341 7 SF -42 .June 30, 2004 Mayor and City Councilmembers: The attached letters have been received from 10 individuals for the .July 6, 2004 City Council Meeting, in support of Item. 75B - One Broadway Plaza Office Tower project 7 SF -43 -- " ! I~R ¡ u ',I " 'jJ e' ~ "" l¡~. CI, '( 0 -, ¡.J March 8, 2004 Santa Ana City Council 20 Civic Center Plaza Santa Ana, California 92702 RE: One Broadway Plaza Honorable Mayor and Council Members; As a resident of Santa Ana I want to express my support for the proposed One Broadway Plaza project. Santa Ana needs this project; it wjJl create thousands of good- paying jobs for Santa Ana residents both during and after construction. One Broadway Plaza, by encouraging professional offices to relocate their headquarters to our downtown, wjJl help revitalize the DowntownlMidtown areas. The developer has produced a well-designed plan that incorporates Santa Ana's histoòc past with the needs of its current residents, including spacious plazas and gathering areas. I encourage the council to move this project forward so we can regain the pride and respect that Santa Ana, as the Capitol City of Orange County, deserves. Thank you for this opportunity to share my enthusiasm for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. Sincerely, 1f¡(J;¡¡~ C) ~~ 7 SF-44 June 30, 2004 Mayor and City Councilmembers: The attached letters have been received from 103 individuals for the July 6, 2004 City Council Meeting, in support of Item. 75B - One Broadway Plaza Office Tower project 75F-45 May 12, 2004 Mr. David Ream City of Santa Ana 20 Civic Center Plaza fð. f.J~ f '-r./f. . . (}ßo~ 8ft PO Box 1988 Santa Ana, California Dear Mr. Ream, In Historic French Park, many residences and myself are in favor of and support the One Broadway Plaza. To show that support, Patricia Bustamante and myself walked door to door on Saturday afternoon, May 8, 2004, and Araceli Hernandez and myself on May 12, 2004 and asked the French Park residents if they were familiar with the project and if they had any unanswered questions. We had a copy of the EIR and the design package for the building. In a short time we collected over 100 letters of support of the 110 people we met. The reasons the 10 people that did not sign a letter were because, one person was upset with the installation of the traffic barriers and 3 people did not want to voice an opinion for fear of their landlord, 2 people wanted to think about it, 3 people were unable to support the project beæuse of the traffic impact, and one person thought the city had made a bad decision on the high density apartments and didn't want growth in the city. Over all we received a strong majority of positive support for the One Broadway Plaza project. Enclosed are copies of these support letters. I am sure of more to follow. There are also 5 letters included with this package of people visiting friends of French Park that also live in Santa Ana that wanted to show their support as well. ~r~ ~k_~ 1003 N. Spurgeon Street Historic French Park Santa Ana, CA 92701 714.321.6195 CC: Mayor Miguel Pulido The Santa Ana City Council The Santa Ana Planning Commission 75F-46. PLAZA '''''''''',.",1''", .,. '-', :" :<"'~'~<t':. ,j' ;.~ ," -,',,,, , '~l ~,-#11 Letters ~~, \,1, ¡\~'¡ Of i, :,1, ,~',.' I '~f' 1'{'ln I~.;,:t, Support !~,if~'1 From iJ,'~ t iiI''', Santa Ana's Local ,,"".' Residents: -",~ Ii' Volume Four 1200 North Main Street Suite 900 Santa Ana, California 92701 T 714.543.9484 F 714.543.9972 75F-47 Dear Mr. Harrah: For years and years Santa Ana has needed an opportunity to be the center of orange County, the most beautiful county in the world. You are making a proposal to place the mostÐ beautiful jewel in the heart of this city. I don't know if you will get all the fortune 500 companies you want, I don't know if traffic is going to to~x be a problem. What I do know is that every neighborhood in this city should be giving yhou $200,000 for' the excitement generated at your great proposal. It never occurred to me that there would be any opposition to this--and hope all that opposition turns to tpe joy and excitement I feel at the opportunity and possibiliities you are creating, as if your plan works--you are putting $10,000,000 a year into the population of Santa ana through jobs, not to mention the ambiance of the beautiful high rise restaurant, and placing this crystal edifice into the sky for all to see. Having lived in Santa Ana for 57 years, you are making Santa Ana's future far better than anyone ever expected. Each time a great deed is done, whether for self-profit, whether just out of being able to spend life at that glorious game of Monopoly, or whetgher you m~ just want to make your own life more enjoyable than anyne else's, there is always a God Factor involved. As a Jeannie, I wish I could grant you whatever you want, but as a resident of Santa Ana, you have a fan, a friend, and an old broad who thinks you are Elena are the most dynamic duo tfuis city could have imagined. Jeannie Jackson 918 N. French Santa Ana, CA 92701 (714) 836-5112 . , 7' 75F -48 CARIBOU INDUSTRIES. INC. One Broadway Plaza "Preserving the past, ensuring the future" Today Tenth and Broadway. The future for Tenth and Broadway! bruary 9, 2004 City of Santa Ana 20 Civic Center Drive Santa Ana, California Dear Members of the Planning Commission and City Council: I am very excited to hear about the proposed One Broadway Plaza project. I am totally supportive of this project in every aspect and encourage 100% support from the Planning Commission and from the City Council. Thank you for the opportunity to share my positive enthusiasm for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana and our future. Sincerely, C/;!!f4-5 oJ CPIIYC¿D ft/II G-e-~ Name F¡f~¡y¿ If S-T vI/Yt/l1J '!¿/o) í77- 7 SF ..49 CARIBOU INDUSTRIES, INC. One Broadway Plaza "Preserving the past, ensuring the future" EI Pasado del Calle Dies y Broadway. EI Futuro para Calle Dies Broadway! May 7,2004 City of Santa Ana 20 Civic Center Drive Santa Ana, California Estimados Miembros de la Comision de Planificación y Concilio de la Ciudad: Yo estoy muy entusiasmado de escuchar de la propuesta de el prollecto de One Broadway Plaza. Yo doy todo mi apollo total a este proyecto en todos los aspectos y animo a que la Comision de y el Concilio de la Ciudad nos de el 100 % de su apollo. Gracias por darme la oportunidad de compartir mi entuciasmo positivo para One Broadway Plaza y el entuciasmo de el encremento que esta por delante para la Ciudad de Santa Ana y nuestro futuro. Sinceramente, l//~~ ~rß Nombre 83 J; V {f & !lcft Direccion ------ ~ '?' {::. a /l ,po ç:;:~ 0 t . 75F..50 Page 1 of 1 Christensen, Angi From: DonPayne@aol.com Sent: Tuesday, June 29, 2004 9:48 To: Alvarez, Claudia Subject: One Broadway Plaza Claudia, We are very concerned about the proposed plan for One Broadway Plaza. Our main concern is for people's safety . There will be very serious traffic problems resulting from this oversized development, and there are no ways to mitigate these problems. As residents of North Santa Ana, this will disrupt our lives every time we venture out of our homes, either on foot or by any means of transportation. Perhaps the largest safety issue is the fact that there are several schools immediately adjacent to the proposed massive structure. Hundreds of schoolchildren's lives will be placed in jeopardy by their having to share paths with thousands of automobiles, and at least two of these children will be our grandchildren. The plans that have been presented to the city are irresponsible and show little appreciation for the safety of the children or the quality of life for Santa Ana residents. We urge you to disapprove the One Broadway Plaza plan to keep our citizens safe. Don and Joanne Payne 2022 North Ross Street Santa Ana, CA 92706 6/30/2004 '!5F...i1 Page 1 of2 Christensen, Angi From: Deb Reynolds [dlreynolds2000@yahoo.com] Sent: Tuesday, June 29, 2004 9:38 PM To: Alvarez, Claudia Subject: OCHSA parent concern regarding One Broadway Dear Ms. Alvarez; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My 2 children are students at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day, not only when being dropped off and picked up but during the school day. I am writing to express my concern for the safety of OCHSA students if Tenth Street is re-opened and to ask t~at you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my children. In resolution 2000-059, you found: (1) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closing Tenth Street is necessary to protect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown ftom 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that 6/30/2004 7SF-52 Page 2 of2 you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. Please ensure that this letter is forwarded to the persons within the City necessary to address this issue. Regards, Ve60rali ~noúfs The parent of two OCHSA students 6/30/2004 75F..53 G,'\RY & JULIE HUMPHREYS 2112 N. Ross Street Santa Ana,. CA 92706 (714) 541-3452 March 25, 2004 1.1 3,', Il^R U 8 56 AH '04 C L L.J . -'¡I,- , G¡TY L ::õ/:J.:\ f!, :, t~A- The Honorable Miguel Pulido Mayor City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Re: One Broadway Plaza Dear Mayor Pulido: I was especially heartened to learn that the One Broadway Plaza project was NOT approved at the last City Counsel meeting, pending further review. This was a very wise decision. As much as I like the idea of responsible new development in Santa Ana and revitalization throughout the city, this project is grossly out of scale, does not conform to the general city plan, and is poorly conceived. There is already a glut of available office space in North and Central Orange County, and there have been no assurances that there are many businesses clamoring to inhabit the One Broadway Plaza location. Not surprisingly, because the traffic situation on Broadway and surrounding streets is already hOITendous both morning and evemngs. What mitigation efforts will address the proposed influx of thousands of potential new tenants/workers? Surrounding neighborhoods will be adversely affected by frustrated commuters searching for an alternate route. Having lived through a similar situation in Floral Park when the 5 Freeway was expanded, I know too well the adverse affects upon a neighborhood that is overrun by unbridled commuter traffic. Only, in my case, the traffic did reduce when the expansion was complete; the neighbors of One Broadway Plaza cannot hope for any such future relief. I am also greatly concerned about locating this gargantuan commercial building next door to two public schools. How can Santa Ana claim to put "education first" if it approves a project that puts schoolchildren at great personal risk both during years of heavy construction and with greatly increased traffic thereafter? What other city would ever allow this? I understand that some planning officials have noted that because there isn't really a viable way to mitigate the anticipated increased traffic (because it's already really bad), no mitigation measures will be required. That's the same mentality as putting oil on a fire, "because it's already burning." 75F-54 Moreover, what guarantee does the City have that this project will even be completed as proposed? What is to prevent the developer from walking away prior to completion or even afterward if the hoped-for tenants fail to materialize, leaving Santa Ana with not just another empty building, but a monstrous eyesore in the bargain? Has the financing been obtained? Have architects and other designers already utilized actually been paid? Where is the ironclad commitment from the developer that legally locks him in and puts him at substantial risk? What recourse is there by the City if the proponents' rosy assurances or expectations don't pan out in the future? Will Santa Ana be left holding the bag? And why does it have to be so gosh-darned tall? There already is a "tallest building in Orange County" somewhere and I'll bet not one in ten thousand residents could even care less, much less identify it. Such a moniker only lasts until the next one is built anyway, and whatever temporary cache it supposedly brings frankly smacks more of a phallic obsession than anything else. I understand the building trades and commercial real estate industry favor this project. Yet it takes about the same number of people to build a 10 - 15 story building as it does to build a 35 story building-they're just not employed for as long a period of time. In any event, these aren't permanent jobs. I recently took a trip to Paris, and in one part of that otherwise beautiful city, an enormous boxy skyscraper, the Montparnasse Tower, stands all alone amid a sea of older 2 to 4-story buildings. As one travel writer aptly noted, "it looks like the box the Eiffel Tower came in." It looks so grossly out of place and is such an unattractive structure, one can only wonder, what were the city leaders thinking? Completed in the early 1970's, it was then the tallest building in Europe, but, inevitably, it soon lost that claim as well. The building is now fairly seedy and not fully occupied (if it ever was), but is nevertheless a permanent blight on the cityscape, and is the towering monument to a gross lapse in responsible city planning. (After it was built, a disgusted public passed a law preventing buildings over 7 stories from being built in the area.) Of course, Santa Ana is not Paris, but many of the issues about the reasonableness of this proposed project are similar. You have another opportunity to reconsider whether this ugly glass tower is really a legacy you'd like to leave behind in Santa Ana. What's the worst that could happen if this project is not approved? This is not the only opportunity that will come the City's way. The known negatives clearly outweigh the glossy, but largely illusory, positives. Please vote NO on One Br dway Plaza. Thank you for your consideration, JPH:bm Julie Hum\QJ' ," e, ::'homeowner and voter i ; I ' / 75F-55 - Gary and Julie Humphreys 2112 N. Ross Street Santa Ana, CA 92706 (714) 541-3452 June 28, 2004 Mayor Miguel Pulido, City Clerk and members of the Santa Ana City Council 20 Civic Center Plaza, 8th Floor PO Box 1988-M30 Santa Ana, CA 92702 Re: One Broadway Plaza Project Dear Mayor Pulido and City Council Members: I am writing as a parent of an OCHSA student, a concerned resident of Floral Park, and a reliable registered voter to express my many concerns about the proposed One Broadway Plaza project. Student Safety: I attended the June 14,2004 Santa Ana Planning Commission meeting on the One Broadway Plaza project and was appalled by the total disregard by Commission members for the very real and identifiable safety issues created by the proposed development as to OCHSA and other nearby public school students. In fact, planning commission member Chris Leo not only disparagingly dismissed these "safety issues" as simply a last-ditch effort to delay this project, he also displayed his total ignorance of the applicable law by falsely stating that such safety issues were solely the concern of the school district, and not the city. Commission member Glen Mondo, who should have recused himself from this matter because he also sits on the OCHSA Board of Trustees-and, thus has a fiduciary obligation toward the safety of the OCHSA students-should have corrected Mr. Leo on this important legal point, but inexplicably chose to remain silent. To the extent that you or any other member of the City Council also shares the common, but mistaken, opinion that the safety of students traveling to and from school is the sole responsibility of the school district and not the city, this is simply wrong. To the extent that the city creates a dangerous condition on public property, it is the city that faces liability for any damages caused thereby. In fact, given the city of Santa Ana's past actions with respect to the closure of Tenth St., Santa Ana could face significant liability if this project is allowed to proceed as currently planned. If you have any doubts about the potential liability of the city for an accident on Tenth St. (say by a car hitting a student crossing at Sycamore), I strongly urge you to seek an immediate legal opinion from the city attorney (or, better yet, from an independent law finn experienced in municipal liability) prior to voting on this project. It shouldn't take any competent attorney more than a few hours to confinn this important legal point for you. 75F-56 2 Tenth Street Reopening-A Clear Danger to Students: Currently, a small portion of Tenth St. (between Main and Sycamore) is closed to vehicular traffic due to Resolution 2000-059 adopted by the Santa Ana City Council that, among other things, deemed such closure necessary to protect the safety of OSCHA students. [A copy of this resolution is attached for your reference.] Inasmuch as the OCHSA campus encompasses buildings on both sides of Tenth Street, OCHSA students regularly traverse Tenth Street throughout the school day to access each portion of the campus. The development plans for the One Broadway Plaza project calls for the reopening of Tenth St. to be used as a one-way eastbound exit point for potentially several thousand cars of future tenants and employees of OBP-without any basis for retracting the finding that supported the street closure initially: that such closure was necessary for student safety. In fact, the reopening of Tenth Street as proposed would greatly exacerbate the threat to student safety-far beyond the situation that existed when the street was first closed for safety reasons. Several hundred students still must cross Tenth Street throughout the day to access school buildings, yet now it is proposed to intentionally funnel several thousand vehicles down this very street at the same time it is being used by the students. Additionally, the plans call for the erection of a large fountain in the intersection of Tenth and Sycamore (which is to become a sort of round-about) that could block the vision of eastbound drivers to pedestrians crossing Tenth Street at Sycamore. Further, to the extent that OCHSA facilities are utilized by elementary students walking to and from any of the three other nearby public schools, these hazards are extended to even younger children. These plans for Tenth Street pose an extremely dangerous hazard for the safety and well being of the students. Even without this project, Santa Ana suffers an inordinately high rate of pedestrian/vehicular accidents. The threat to students posed by this development is not just foreseeable, but is both severe and preventable. In short, the development agreement calls for the reopening of Tenth St. despite the fact that all three factual findings of Resolution 2000-059 remain in effect. This hazard is preventable because the reopening of Tenth St. is not necessary to provide ingress or egress from the OBP building. In fact, according to statements made by developer Mike Harrah at June 14, 2004 meeting with myself an a few dozen other OCHSA parents, his original plans called for Tenth St. to remain closed; that even under the current plan access to/from the building is gained via other streets, and that it was the city planning and/or public works officials which insisted that Tenth St. be reopened~further evidence that it is the city that is creating the dangerous condition. Obviously, the simplest solution is to keep Tenth St. closed or, better yet, abandon it to OCHSA. In fact, Mr. Harrah promised parents and OCHSA officials at that 6/14/04 meeting that he would immediately seek to amend his plans to keep Tenth St. closed. This change may cause a short delay in the project, but will probably save lives (not to mention millions in potential future city liability) and is simply the right thing to do. The city should do whatever it can to facilitate the continued closure of Tenth St. Unsafe Student Pick Up and Drop Off: Currently, most students are dropped off either in the existing OCHSA parking lot or along Sycamore and Main St.. The development plans for OBP call for the abandonment of Sycamore St. as a public street (north of Tenth Street adjacent to the 75F-51 3 OCHSA building), preventing student pickup along Sycamore, in the OCHSA parking lot, and on Main St. Instead, plans call for student pick up and drop off in a narrow lot immediately south of the Performing Arts building. The proposed driving pattern calls for two-way traffic in this lot so that students dropped off by eastbound cars on the south end, must walk north across westbound cars in the same lot to reach the campus. All students must then again cross Tenth St. to access the OCHSA campus. This dangerous situation on public property is repeated in reverse when school is out. Moreover, since OCHSA enjoys an extended day program, several hundred students will be exiting the campus and attempting to traverse south across Tenth St. at the end of the workday when thousands of tenants and employees at OBP will also be attempting to exit OBP using eastbound Tenth Street. These plans pose a severe hazard for the safety and well being of the students, which is both foreseeable and preventable. Inadequate and Dangerous Bus Loading. As explained by Mr. Harrah at the June 14th meeting, the existing plans call for school buses to stop eastbound on Tenth St. adjacent to OCHSA to load and unload passengers. Parents were nonplussed by this proposal inasmuch as current law requires all traffic to stop during school bus passenger loading and unloading when red lights flash. Thus, all eastbound cars-including OCHSA parents who have just dropped of students in the "official" drop-off lot south of the Performing Arts building-will be required to stop and wait for bus loading and unloading. This will cause traffic to back up on Tenth St. and southbound Sycamore St., creating a further safety hazard for students attempting to cross Tenth St. at Sycamore. Additionally, since buses will remain stopped with lights flashing until full (or empty), this delay could be significant-particularly in the afternoon. Moreover, since bus doors are located on the right-hand side of buses, even if buses are parked on the left curb of the one-way, eastbound Tenth S1. (as proposed), students must walk into the adjacent traffic lanes to enter and exit the buses, creating a clear and undeniable safety hazard, since it is reasonably foreseeable that not every driver will actually stop when the bus's red flashing lights are on. (In fact, Mr. Harrah, himself, seemed shocked to learn that this was the law when this dangerous flaw in the plan was pointed out to him by OCHSA parents.) Again, however, this dangerous condition can be easily eliminated by the closure of Tenth St., allowing access only for emergency vehicles and school buses, as currently exits. Construction Hazards and Debris: The construction of a 37-story building and 8+ story parking garage is no small operation, and to permit this to be done within shouting distance of four public schools is unprecedented, if not appalling. Even with temporary construction fencing, falling dust and debris as well as the constant traffic of huge heavy machinery and trucks is dangerous to any pedestrian, let alone hundreds of young people. Moreover, the noise levels of heavy machinery and other construction equipment during school hours-which is expected to last for several years-is harmful to those nearby and is extremely detrimental to adequate concentration and learning. The current development agreement does not mandate that noisy pile driving be performed while school is not in session; it does not call for a clear plan to keep construction traffic away from students and other pedestrians, and even with tarps wrapping each floor during construction, things will still fall off. A screwdriver (or even a few nails) 7 SF-58 4 dropped from 37 stories, can cause fatal injuries, and depending upon prevailing winds, won't necessarily fall straight down into the construction zone below. Indemnity and Insurance. The developer agreement doesn't specifically require the developer to obtain a minimum amount of third party liability insurance. It should. Moreover, the city should require the developer not only to obtain and maintain such insurance (including completed operations coverage), but it should require the city to be named as an additional insured on the developer's policy, and any renewals thereafter. This will cost the city nothing, (most carriers don't even charge the named insured-Le., the developer-additional premiums for this) but will provide significant coverage for the city (including both defense and indemnity expenses) in the event the city is named as a defendant in any litigation arising out of the project. Additionally, the purported indemnity clause in the current developer agreement is practically worthless, as written, and will not provide the city with the protection is purportedly seeks. In addition to the separate insurance provision discussed, the city should have an experienced liability attorney draft a "Type I" indemnity provision to be inserted into the developer agreement. These clauses are fairly simple to draft, but could save the city millions and millions of dollars in the event of any future litigation, and are well worth any slight delay or additional attorneys fees incurred at this time. Post 9f11 Issues: The development agreement calls for the creation of the "tallest building in Orange County"-an icon to reinvigorate the county seat, etc. Even if one feels the threat to the tallest tower in Orange County is relatively small, we live in a post-9fll world. Under Homeland Security Department disaster planning regulations, local agencies must still identify potential targets in their area (like the federal building, the airport, theme parks, the tallest building in Orange County, etc.) and adopt planning measures in the event of an emergency. See, e.g., the National Strategy for the Physical Protection of Critical Infrastructure and Key Assets, http://www.dhs.Qov/interweb/assetlíbrarv/Phvsical StrateQv.pdf See also the National Incident Management System (NIMS). In fact, the Federal Emergency Management Division has adopted a "Primer for Design of Commercial Buildings to Mitigate Terrorist Attacks" to help building owners and local governments mitigate the threat of hazards resulting from terrorist attacks on new buildings-including not just explosions, but chemical, biological and radiological attacks as well. http://www.fema.Qov/pdflfima/427/fema427 cvr-toc.pdf Even if primary responsibility for building design and safety rests with the developer, there will be disaster planning costs which will necessarily be incurred by local agencies (city, fire, policy and other first responders) due to the presence of a new "icon" within the city center. It does not appear from a review of the EIR or the Developer Agreement that any of these issues or costs have been considered by the city, much less that the developer be required to offset the additional costs to be incurred by local agencies for planning and implementing measures to be taken in the event of such an emergency. Unmitigated Traffic and Quality of Life Issues: Whether or not the implementation of the OBP building is a worthwhile departure from the Specific Midtown Plan or an irresponsible example of inappropriate "spot zoning," the draft EIR recognizes that air quality, water supply, waste water, and traffic congestion will be severely impacted without and potential mitigation. Anyone attempting to travel through the downtown area (and surrounding streets) already 75F-59 5 experiences severe and frustrating congestion. The draft EIR recognizes that further impacts to the major streets and intersections near the project will not only reduce the level of service of roadways and intersections to unacceptable levels, but that "mitigation measures to reduce potential traffic. . . to a level considered less than significant have been determined to be not feasible." In other words, it's already bad, this project will make it even worse, and there's nothing that can be done about it. Is this any way to plan for the future growth of the city? Who will want to come back to the downtown area when they won't be able to move due to all the congestion? Professional/upscale tenants have moved to newer parts of the county not just because new buildings provide technological advancements; the surrounding public infrastructure and transportation corridors have been specifically planned for such large-scale development. It is inconceivable that the city. of Santa Ana would consider moving forward on this project when it the EIR states that significant and substantial adverse impacts will result for which there is no feasible mitigation. Councilmember Alvarez Should Abstain: The Santa Ana Municipal Code provides: "Sec. 425. Disqualification due to campaign contributions. A councilmember shall not participate in, nor use his or her official position to influence, a decision of the city council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor. As used herein, "recent major campaign contributor" means a person who has made campaign contributions totalling two hundred fifty dollars ($250.00) or more to the councilmember or to any campaign committee controlled by the councilmember in the twelve-month period immediately preceding the date of the decision. The mayor is a councilmember for purposes of this section." At the March 15,2004 City Council meeting, Councilmember Alvarez cast a vote on the One Broadway Plaza project despite the fact that she admittedly had accepted a campaign contribution in excess of $250 from developer Mike Harrah with the 12 months preceding that vote. She purported to justify this act on advice from the city attorney that the municipal code applied only to city council races, and not to her campaign for the Orange County Board of Supervisors. This is a blatant distortion of both the clear letter and intent of the municipal code which on its face specifically refers to any campaif!n committee controlled by the councilmember, and is not in any way limited to city council races. Ms Alvarez campaigned for the supervisor position utilizing her credentials as a city council member. Moreover, as an attorney, and an assistant district attorney to boot, she is legally and ethically obligated to uphold both the spirit and the letter of the law. As a public servant, she is further obligated to both avoid the appearance of impropriety and refrain from violating the public trust. Her past conduct in voting on this project is reprehensible and should be publicly condemned, if not criminally prosecuted. Under no circumstances should she cast any further vote on this project. 7SF-60 6 The thought of a new modem tower to reinvigorate the downtown area and encourage revitalization is a tempting one. The idea of first-class dining with a view of the county is also inviting. I also do not want to discourage anyone from wanting to invest serious money in our downtown area, or turn away construction jobs for many workers. But this kind of development is indeed a marked departure from the existing city midtown plan, and should not come at the expense of the safety of our students or the quality of life of our citizens. You must insist that the known safety issues and adverse impacts be resolved before this project is approved. 1SF-61 RESOI..\JTION NO. 2000-050 A ReSOLUTION OF THE CITY COUNC1l OF TtlE CITY OF SANTA ANA CLOSING TO VEHICULAR TRAFFIC THAT PORTION OF TENTH STREET BETWEEN MAiN STREET AND SYCAMORE STReET BE IT RESOLVED SY THe: CllY COUNCIL OF THe crrv OF SANTA ~ ÞS FOI.lOWS: 1. The City Council of the City of Santa Ana hereby, finds, dètarmlnM end dedates as fOloW$: o. A. The Orange County High School for the Att$ (OCHSA). B non-ptOfit charter school which WiU open Its daotS in the next few days, has reques1ed the City to dose 10th Street between Main Street and Sycamofe Street in order to protect tts students who have to <:ro$S this $treet during the $Choot day. The OCHSA CllnJ>US. which con1l$ts of tour sèparate bUildingt;. ~nd$ 01) both sides of 10th Sb'86t between Ueln and Sycamore. Sèction 21102 Of the California Vehicle Code dows 8 city a>und11O cIoIe a street Whicb divides a school to vehicular ttaffÇ when in the opinion of the cit)' council thedo$ute Í$ necessary to proteGt the students attending the school ' B. c. HavIng consideted al eVidence submitted. Incklding þUbk c;;omment if any. tI'à Council finds that ~îd $treet Is may be dosed for vehk:ular traftic. b41sed U)Oh tho foßowing findings of fad: 1. Said $treer i.s not necessary to provide $C(:8SS to aÞuUir1g property 0WI'1eI'$; and 2. 3. Said street divides a school; and CIO$Ú1g saJdstreet Is ~ry to prottCt 1t1e sl\.ldont$ ett&ndlng the school. Purwal'lt to the Vehicle Code. the portiOn of said $treet may be c1osod 01'11)' to whiClJiar trame. It remain, a pubGc street 8CQeQible to all members of the public 8$ pedestrians. Itt addition: if there are any in-plaœ pubrlC utility faCllítie$ that are in use in the portjon of said weet. the City retain$ ab ri9hts to righl to maintain, operate, replaco. remove or in.tan new ' pubtic utility facUities. R8II01utJon No.~ p."of" \ 75F -62 2 'rM Ci)t Cound he. rev*"t8d and oonIíØ8~ the I~ .~ 10 h 8dc:IenGum togethef With the Intt..1 study and the ~8tive d8cI8tItIonpr~ With fnpec;t to thtI resOlutiol"l The City Counoil hal, 8. 8 ruuIt oflla eootId.tllflon. and.. ~ ptØen.\Od .t N meeting, determined that. at reqlJÎred pUl'lUMtto the C8ifom8 Env-OI.menlal Q~bty Ad ("CECA1and the 8t818 CEQAGuldeJin8I.. .neg8tM øed8~ and 80denctum edequately 80dretaet th& 6XP8CC8d erwlronmentat Imp8C:tS at thIS rMOiutJon On the bafoís 0( tN. review. the Cìty Counoil ftl'lda that there . no ~ tromwhlChlt can be faírly acgued that the projec:t will h8v. . signlftcant ~ eftect on tho enVlfonment The City Council hereby 08f'Jf)e. 8nd appl"OY88 the ~ ~ratJOn and addendum and directs that the NotiCe of D8tennin8ti0nbe ~and Ned With the County Clerk of the County of Orange In the manner required by 1IIw. Purauant to TItle XIV. Califoml8 Cod. of Regu~ (.CCR1 § 735.5{c)(1). the Crty Council has detðtmined that, after conIidering the record at a whole, the... 11 no evidence that the proposed project will have the potential for any ad..wse eftect on Wiktife resources or the habitat upon which the wildlife depend8. l1.e.18bb. pum18nt to Flrih and Game Code § 711.2 and Title XIV. CCR § 735.5(a)(3). the paymenl of Fish and Game Department fiting feM is not n.quited in ~uncüon with this pIOjecl 3. This Council doea hereby order that the portion of Tenth Street between Main Street and Sycamore Street. more specifically shown in .Exhiblt 1" attached hereto and made a part hereof by this reference. be. and the same are. t:Ioted for vehícWar 1ndfIC until fI.rther action of this Council. 4. Staff is dirl!lctðd to po$.t appropriate traffic control signs giving notice of the partial c:Io$ure of Tenth Street. Pursuant to section 21102 of the Vehicle Code, this resoIOf)on shall be effe<;:tive upon the posting of said signs. . 5. This resolution. ~ff~ '9 the dosure of 8 portion of Tenth Street to vehicular traffic. may be repeaJed at any time by a further resolution of the City Council. ADOPTED this 5111 day of SeDtember.20oo. ATTEST: ~.. fl4 c--- }-_:-",4, ~ '- -..,; á- l.-U( /""./ (7- PatriCia E. Healy . Cler1eof !he Council ResoM.'tKIn No. 20004.59 ~2ot.c 75F..63 02/27/2017 11:26 FAX ~001 Fax TOt Santa Ana City Counal From: Roberta Reed !"aX: 714/647-6956 Pages: :3 (including cover sheet) I'hðrI8: 714/647-6520 Date: 6/1312004 ReI Comments for 6114104 Planning cc: Commission He~ring cn the OBP Development Agree(,¡~l'\t x Urgont I:] Far Revfew [j .1- Comll1C!lri I:] PI_- Reply 0 PI- Recydø . C:Clmmenb; Please find attached wñtten comments on the One Broadway Plaza Development Agreement, which is Scheduled on the 6/14104 agenda for the Planning Commission for th@ir consideration. PIe<1$e submit copies of these comments to the City Council members for their consideration. Copy with original signature wiJl be submitted in person at the Plenning Commission Meeting. 15F-64 02/27/2017 11:27 FAX 1lJ002 Roberta Reed 1205 South Parton Street Santa Ana, Califomia 92707 Planning Commission City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, California 92701 June 14, 2004 Members of the Planning Commission: Tonight, you have before you for Consideration the One aroadway Plaza Development Agreement. On February 24, 2004, by majority vote the Planning Commission recommended the One aroadway Plaza project for approval. While I realize that the actual merits of the project are not up for consideration tonight, I feel first compelled 10 again reiterate my belief that this project. in its proposed location, is not good for the City of Santa Ana and its citiZens. One clarification is In order: Page 3 of the Request for Planning Commission Action st<lites that ïhis agreement has incorporated the major issues raised at the March City Council hearing as well as those issues raised by the Ad Hoc CommIttee." This statement Is false. While the Development Agreement addreS$es some of the issues raised at the March Public Hearing, in no way doe$ it address the majority of the concerns stated that night The majority of concerns addressed the inadequacies of the EIR document and the Statement of Overriding Considerations, as well as the number of significant environmental impacts that were not mitigated in the EIR. As such, these issues have not been addressed by the Development Agre$ment, and it is no way incorporates anything close to all of the major issues raised at the Public Hearing. While I believe that the members of the Ad Hoc Committee and City Staff made an honest effort to draft an 8greement that protects the interests of the city and Its citizens, no development agreement will be able to protect us from the fact that the EIR does not provide mitigations for many of the significant environmental impacts identified for this project. Because there are no mitigations proposed for many of these &ignificant Impacts, the Development Agreement does not contain any provisions for these significant impacts. For this reaSOn, the Development Agreement is not adequate, ilnd not supportable as a tool of good planning. Specific to the Development Agreement, I have the following comments: Improvement #4 in Exhibit C calls for installing a new traffic signal at Broadway and the parking structure, as previously described in the EIR. On page 12 of the One Broadway Plaza Specific Development District document, Point (n) requires the Developer to "install 7SF-65 02/27/2017 11:27 FAX 1lJ00J Page 2 Roberta Reed, Comments to Planning Commission June 14, 2004 either a traffic signal or a rai~ed median at the Halesworth Street and Broadway intersection 8S determined by the Public Works Agency," These two appear to be in conflict. Figure T-17 of the EIR shows a median at Halesworth and the EIR states that a signal will be installed at the egress from the Palting Structure approximately 80 feet north of Halesworth. It is unclear if the One Broadway Plaza Development District document is referring to the same traffic sigr'làl as Exhibit C or an additional signal. Regardless, any 01 these scenarios: removal of the msdian, removal of the traffic signal. or the addition of a traffic signal all result in changing the mitigation measure as stated in the EIR. To make such a change, without allowing for adequate review and comment by the interested public, would be improper under CEOA regulations. Secondly, the Development Agreement states that as a condition of issuance of building permits, the OWner must obtain binding commitments of lease for at least 50% of the leasable space of the project from tenants who would qualify as "Investrnr¡¡nt G~de Tenants," ¡;¡ rating of BSB. or greater, as rated by either Standard and Poor's or Moody's. According to Standard and Poor's definition, a BBB- rating is the lowest rating before non- investment grade. The next lower rating, BB, Is defined as "less vulnerable in the near term but faces major on-going uncertainties to adverse business, 1inanci;¡;¡I, and economic conditions." It would appear that almost any business that is not in current financial difficulty wI;Juld be able to qualify to lease space in One Broadway Plaza, per this agreement. The question must be asked: if this development is so necessary, and Class A office space is so desperately needed to bring desirable tenants to downtown Santa Ana, is this the level of tenant we want to attract? Or does this send a subtle mèssage to the community that we do not have confidence that this building can attract tenants with higher credit ratings and that we must be content with those with a credit rating of "the lowest rating before non- Investment grade"? Again, I urge you to carefully consÎdèr your decisions in this matter. Sincerely, WoJwrfo. a-.~ Roberta A. Reed cc: Santa Ana City Council 7SF-66 L-" HISTORIC :: /' SANTA.ANA .. n May 20, 2004 Honorable Miguel Pulido, Mayor City of Santa Ana 20 Civic Center Plaza . Santa Ana, CA 92701 Subject: One Broadway Plaza Dear Mayor Pulido: . On May 5, 2004 the Board of Directors for the Historic French Park Association (HFPA) voted to oppose the One Broadway Plaza project. HFPA affirmed this vote a week later on May 13. I have been directed by our Board to çonvey this to you. .. .'. . '. .' '-'.': . ~ . . . One Broadway Plaza is a 37 -story glass tower. To accommodate the developer, the .City proposes to replace the Midtown Specific Plan with the "One Broadway Plaza District" along that portion of the Broadway Corridor. This change wHlset a precedent that will undermine future efforts to protect our city from unplanned growth. For over 20 years the Historic French Park Association has worked to protect and enhance the quality of life of its residents. We have worked closely with the City on . many important projects that directly affected our neighborhood. We have actively engaged the City on the hard issues of gangs, crime, and traffic as we struggled to improve our historic neighborhood. This long relationship has benefited both the City and the HFPA, as together we have sought solutions to a number of colDplex problems. Happily, we have met many of our mutual goals through this cooperative spirit. As a neighborhood, we desire the benefits that thoughtful,- sensitive land use planning can bring. We have strongly supported the City's adopted MidtoWn Specific Plan and its vision for growth along Broadway and Main Street between 10th and 1 ih Streets. The Plan is our only tool to protect the historic buildings, height limits and wide setbacks and other features that collectively serve to maintain the beauty and historic character .of the Broadway Corridor and the Midtown area. . . . We have supported attracting businesses and services to the Midtown area that are useful to the nearby neighborhoods. However, we do not support the One Broadway HISTORIC FRENCH PARK ASSOCIATION, P.o. 75F-67 N T A A N A. C A 9 2 7 0 2. W W W . f ,R ENe H PAR K . 0 R G r: Plaza office tower project. aBP will carve out a huge piece of the Midtown Specific Plan, effectively nullifying that adopted document. The new zoning for aBP will conflict with the surrounding zoning, and will induce growth on a scale out of proportion to the Midtown Specific Plan. aBP will significantly worsen traffic by bringing thousands of additional vehicle trips to our neighborhood and the Midtown area. The added traffic will threaten the safety of thousands of children who attend nearby schools. aBP will destroy several historic structures, and will threaten others by removing important restrictions that protect historic homes and low-density office buildings. aBP will also fail to resolve the City's financial problems, because it will be a tax drain and not a tax generator. One Broadway Plaza is short-sighted, short-term, and impulsive. There are many opinions as to how best to improve the Midtown area. Creating a spot- zone required to accommodate aBP is not one of them. To address the City's desire to spark interest in the Midtown Specific Plan, we suggest the City undertake a comprehensive update of the Plan. We recommend that all stakeholders be invited to participate-as was done when the Plan was conceived. Invite area neighborhoods and businesses, so everyone is invested and working together toward a unified vision. A revised Midtown Specific Plan should reflect the vision of a growing and prosperous Santa Ana that honors its historic roots and the unique character of its neighborhoods. I look forward to your reply and the opportunity to participate in the process to create a better Santa Ana. If you have any questions, I may be reached at (714) 569-9293. ~ Paul Giles, Presiden Historic French Park Association Cc: City Council Planning Commission Historic Resources' Commission 15F-68 March 11, 2004 Mayor Miguel Pulido Council Members, Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 RE: One Broadway Plaza Project Dear Mayor and Council Members: I am writing to ask you to vote "no" on the EIR certification and project approval for the One Broadway Plaza project, which I understand will be voted on at the March 15,2004 City Council meeting. As a private citizen and as the President of the Santa Ana Historical Preservation Society, I have expressed my concerns with this project on numerous occasions. After a thorough reading of the DEIR and EIR, I have been openly and adamantly opposed to this project. The EIR contains a multitude of unmitigatable adverse impacts to traffic. air quality and cultural resources, to name a few. While it is clear from the EIR that this ill conceived project would have a lasting detrimental affect to the environment and the quality of life of Santa Ana's Citizens, I am convinced that it will also have a negative financial impact, draining resources from City infrastructure and giving little in return. I am shocked to learn that, for a project of this magnitude and obvious impact to the City, there have been no study sessions for the Council to allow them to make an infonned decision. In various conversations with Council Members, City Staff and Commissioners, when support for this project comes up, it is based on emotional buzzwords and phrases with no facts or substance behind them. The project will "put us on the map"; "bring jobs to out of work citizens"; "be filled with Fortune 500 companies"; "bring redevelopment to Downtown"; "contribute lots of money in taxes and licenses." I have seen no facts, figures, studies or reports to substantiate any of these claims. As elected officials, I expect you to also demand such detailed infonnation. So imagine my further shock to read this afternoon the same hollow, emotional and unsubstantiated claims in the official "Statement of Overriding Consideratiam." Since the negative impacts of the project are overwhelmingly clear and supported by fact and studies cited in the EIR, I expected City officials to require extremely compelling and fact-based justification for recommending the project. Was I ever wrong. Here are some of the "justifications" that are supposed to override everything that is wrong with this project: . creates a new City landmark to serve as a "focal point" (does this have any intrinsic value?) provides more Class A office space: . 73F.69 . . to ensure "long tenn viability" of the area so downtown will not "under perfonn" as the urban core (what does this mean? in what way will this office space make downtown "viable" or better perfonning?) . to attract high profile tenants and tenants needing to be close to government offices (in what way will this benefit the City? where is the financial analysis?) . to attract tenants who will support "cultural and business activities" (what are these activities and in what way will they benefit the citizens?) provide a "world class restaurant" (I won't even honor this one with a comment) "preserve" the Broadway area with new palm trees and fountains (this is insulting, considering the loss of at least 3 historic buildings, and future loss of trees and set- backs due to street widening, and has no measurable value) "substantially increase" employment opportunities (again where is the proof? won't tenants bring their existing work forces? what about off-shoring trends? How many construction jobs and for how long?) provide parking for the public (how much and at what cost?) acting as a "catalyst for future improvements" (this point also is heavy on buzz words like "revitalization", "redevelopment", "vibrant center of DC life"; how will this work? where are studies of similar projects in similar cities? does this mean more office towers in the area, and the loss of more historic properties?) provide "substantial positive fiscal impact" (where are the facts and figures? the fiscal analysis I have seen is lacking in substance and detail) bolster economic health by aiding in re-establishment of businesses in the area and attracting private investment (again, studies? analysis? how will this happen?) guide development toward preserving aesthetics and "cultural qualities" of the City to make it a source of pride (not sure what this consists of and how pride will be measured) . . . . . . . Why, for this particular project, has the well thought out Mid-Town Specific Plan been gutted? This plan was fonnulated by residents and City staff in 1996, and presents a true vision of the Mid-Town area-not the fantasy world where this huge monument will cure all of Santa Ana's ills. Nothing I have heard or read from the developer or the City has shown that the minuses of this project ar;: heavily outweighed by the plusses. In fact, it is impossible to pin down any real infonnation on the supposed plusses. Please look carefully at the facts and think what Mid-Town Santa Ana will be like "post- DBP", when the wishful thinking ofthis project's supporters turns out to be baseless. This is too big a gamble. Please do not allow this project to move ahead. Your constituents will be grateful that you considered the facts and protected our city from a future nightmare. ~ Alison Young 1102 S. Ross St. Santa Ana, CA 92707 ~ 75F-70 588 S. Shasta Way Orange, CA 92869-5242 April 18,2004 , ;'-1' J.~n! ,'~', r.' '0 ' 'L" -'0 ,', '" f ~J".; J .'~ 'i Clerk of the Council 20 Civic Center Plaza Santa Ana, CA 92701-4058 To Whom it May Concern: My name is Charlotte Aber and I am a student at the Orange County High School of the Arts in Santa Ana. I agree with a large number of people in the community who feel that con- structing a 37 story building in downtown Santa Ana is a bad idea. Why does the council feel that Santa Ana requires a sky- scraper to bring it Uprestige"? Santa Ana is a beautiful city already; and a structure that is quite a bit taller than most of the buildings here would look very out of place. Old Town Orange is considered unique because the buildings were built 100 years ago. There are several old buildings in the area that could be restored to accommodate new businesses. This new building would create a multitude of problems includ- ing an increase in already hectic traffic, an increase of wear and tear on the roads themselves, the current infrastructure will be unable to support the needs represented by the build- ing, 37 stories worth of extra sewage and trash, and a need for more parking space. This parking issue could cause problems specifically for the Orange County High School of the Arts. It could cut out a piece, or all, of their senior and volunteer parking. The attending students give back to the community quite frequently through the purchase of food and merchandise from the local businesses, as well as with many service hours. 75F-71. Also there is the fact that it far exceeds the existing height limits for a building in the surrounding area. On top of that, there are enough empty commercial buildings without 37 more stories worth, as demonstrated by an article in the Orange County Business Journal that states fl...the leasing activity continues to lag, with landlords holding a growing stock of idle buildings."(padilla) As a matter of fact Lee & Associates Commercial Real Estate has reported a negative net absorption of 953,331 square feet in Central County. The largest amount of empty space in the entire county. It is true that this building could bring a tidy sum if enough space was rented out, but there may not be much demand for additional law space (padilla) . I imagine that one of the reasons the council approved the building is to help boost the economy in the area. Unfortunately, if there isn't much space rented out then there won't be many people corning here, which probably won't affect the economy much. Another reason for the approval could be property tax: more taxes would be good for the city. Yet if the tax on this building is as high as anticipated, the rent would be too expensive for plenty of companies. Of course, there is also the fact that bringing people to downtown Santa Ana could be good. Although if people are coming down here to go to the restaurant they are unlikely to make purchases from the small, local businesses. Just out of curiosity, who would want to come all the way downtown for dinner? I hope that this letter has caused you to give a bit more thought to the issue at hand. Some feel that this building is a beneficial project; others a monstrosity-to-be. A building full to the brim with Fortune 500 companies and law firms with a amazing 4 star French restaurant atop all? The true question is: Do we really need it or is it just to give Mike Harrah something else to stick his name on? Sincerely yours, Charlotte Aber Orange County High School of the Arts student 75F-72 SARAH P. BROWN 705 West Jonquil Road Santa Ana, CA 92706 June 21,2004 JUH ZJ 3 30 AM 'OLl The Honorable Miguel Pulido . Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 GLLí' CITv (;-., ,", ~". O. f I vi -../"\h \ i-', !¡,'lÞ RE: One Broadway Plaza Dear Mayor Pulido: I am a concerned Santa Ana resident, and am writing this letter to protest the build/development of this 37 story building plus 7 story parking structure covering the area between Broadway, Sycamore, Tenth and Washington Streets. The Mid Town Specific Plan, which the Council approved in 1996, specifically limited the development of structures in this area to no more than 3 stories not to exceed 35 feet in height. This was approved with the intention of preserving the historic Broadway Corridor. I am opposed to this project and ask that you vote against One Broadway Plaza. Here are some of my concerns: Affect on Broadwav Corridor Properties - I understand that at least three historic properties along the Corridor would be destroyed or relocated. There goes our cultural and historical heritage to say nothing of the impact on tho~e historical properties surrounding them. Affect on TrafficlConaestion - Should the project be approved it has been estimated that there will be 6000 vehicle trips per day. This will not only lead to severe congestion in and general access to the downtown area, but will also overburden freeway on ramps and off ramps leading to downtown. Affect on Area Schools - Specifically, the Orange County High School of the Performing Arts, in the vicinity of the project, would certainly be adversely impacted. Affect on Residential Neiahborhoods - Who wants a looming monolith of this proportion casting a shadow over his/her home and backyard? No one. And after construction of this project, who knows what further development and destruction of existing properties would follow in the wake of Broadway One. I urge you to vote against approval of the One Broadway Plaza Project. s;:t~ -1~ .re/"/ SARAH P. BROWN cc: Councilman Brett Franklin 75F..73 705 W. Jonquil Road Sæta Ana, CA 92706 - .,,»"--.. .,' ,',,", ,r.o'""',. ~:::.c. '(:1"";"\ 2.' I; .. ~,'\ .: ;", ;: ~ 1'~ ~.i [~-:') " ;:, /~ .."..."'~~/ Honorable Miguel Pulido Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 9?702 ~~-----'----------'~ -_....".~..._._--" ',"'" _._,- .-----" . '.. -. , .,,' ..,,-- ""''''''''-'~''. ~ - --- .--'. '. . ~_. '.~ ' "-,,,--,~' ". . '.'.-'". -~,~ . ----..."..- ~ -'. ~ ,.... I LL. it) ,.... "3l7Ci i +407::. 1!.I,",I,Ii",III,IIII,II,I"III",I"II,II'II,I'IIII",1I1I1 ~ t ~ ~~ v ~ To: Gte/uan /1(1-4 btVLcc; b- !O~o V From: c::c;1:e v'e/I/ Cafe ,\ ¿\ 0 ^( c ::e: - p r-L , --v --: 1/ ~ G-?? <...) ( ~ cr:: /Í- c¡ ~ 7 ú / - Subject: ~ ß-?-CA ~ t~ ' JePV( 4, GtVt-c~ / ¡k CL c~~~ of- ¿'~j -h~ ~~J t1f ~ ~¡.¡ (:<7 ¿¡--w-) J f~t~e-d- (Twc¿;» 16 /tL~¡, f-~ f~ ~c -I- f~/~ 'K( ¡1!W~ C ¿u4- Id ~ *~ I 1 ~w0""é? , ~ ~ ~ ~ , td 1t9u'Þ1 o/-cl/F lic01 '"tD aJrf)-n/ tL rJÆc_i- ~d d--<! 01u?- Þ&~:r7II~. J:- l/Y~~ Þr¡~vf~ 'ff~ ~~r '-h ðf+e~ ¡v~h:( ~-w~;--~ rI1 ~ ~, 7 ,/e/;~ve , ~ dJ IYLUt-/-P: AeVeL¥~ 1f?- loryti° d'71 ;(f~ ~j£a, :}f~ t//YJ-;;11 +'j~ ~r C4?1~)--¡e~ <-i;¡ q ;rfV2 ~~~4 Mv{ /~~~/-£q {c/hfi ~ '7(M C{/Ua-- ~ ¡~ QLL~ cg , .' -Ä-¡ ~ Þ~L-fL?-7~ ~~rh/fðod 5 0 '588 ;A )1;:2 JI~ . &d 1JÍt4-£e - ¡"if ~ tÀ (7('1) g3(,-1)f-:<Q /<:0 C. --¿I 75F-75 CJ Je-t~ G ~ MEMORANDUM r.£r Lawrence, Mark From: Sent: To: Subject: Lawrence, Mark . ;: Monday, June 21,20043:25 PM :¡ 'Joe and Kim Gerda'; RE: One Broadway Plaza - Pedestrian Safety problems for OCHSA students , , I Dear Mr. & Mrs. Gerda, On behalf of the Mayor and City Council, thank you for your letter regarding the proposed One Broadway development. A copy of your letter has been forwarded to each of them for their review. The Mayor and City Council appreciates you both taking time to share your thoughts regarding this matter and assure you that your comments will receive their fullest consideration. Should you have any further comments, please call me at (714) 647-5200. Mark Lawrence Assistant to the City City of Santa Ana Manager -----Original Message----- From: Joe and Kim Gerda [mailto:paynegerda@yahoo.com] Sent: Thursday, June 17, 2004 9:15 PM To: cgastelo@sausd.k12.ca.us; Ross, Jim; Bott, Daniel; Garcia, Mike; Franklin, Brett; Bist, Lisa; Solorio, Jose; Alvarez, Claudia; Christy, Alberta; Pulido, Miguel; amijares@sausd.k12.ca.us; ayamagat@mtsac.edu; jpalacio@pacbell.net; vrrichardson@msn.com; Kids4sal@hotmail.com; ocyouth@juno.com; assmblymncorrea@aol.com; senator.dunn@sen.ca.gov; loretta@mail.house.gov; margaretbrown@sausd.k12.ca.us Cc: paynegerda@mac.com Subject: One Broadway Plaza - Pedestrian Safety problems for OCHSA students A One Broadway Plaza - pedestrian Safety problems for OCHSA students Dear City Council members, SAUSD school Board members, SAUSD Superintendent, City Public Works, Assembly member Lou Correa, State Senator Joe Dunn, and Congresswoman Loretta Sanchez, I fear a car will hit an OCHSA student crossing the street if 10th Street is re-opened. It is well known that the City of Santa Ana has the highest pedestrian fatality in Orange County. Protecting the safety of our youth must becol1!"'-:~. higher priority. My child attends Orange County High School of the Arts. On July 6 the City of Santa Ana is planning to re-open 10th Street as part of the plan for One Broadway Plaza. This would be dangerous since OCHSA students must cross 10th Street during their school day. Also, the proposed drop-off/pick-up arrangement will require even more students to cross 10th Street. On top of that, thousands of cars from One Broadway Plaza will be traveling this portion of the road if re-opened (*see attached site plan) . One of the main reasons 10th Street was closed was to ensure student safety in compliance with Vehicle Code". Students at OCHSA must cross lÒth Street during their school day. This is one of the main reasons it was closed. Mr. Harrah has brought it to our attention that 75F~76 Assembly Member Lou Correa, State Senator Joe Dunn, . and Congresswoman Loretta Sanchez endorse his proposed One Broadway Plaza. Please do not endorse this roject without making sure pedestrian safety is nsured. . ~; For the sake of our children, please take steps to . ensure that 10th Street remains closed. Given that: the City Council plans to decide on the matter at thè July 6 Council meeting, I ask you to act quickly to , ensure student safety. . Sincerely, Kim Gerda OCHSA Parent * See attached map (file) drafted based on information provided by City documents last week. ** Vehicle Code 21102. Local authorities may adopt rules and regulations by ordinance or resolution closing to vehicular traffic that portion of any street or highway crossing or dividing any school ground or grounds when in the opinion of the legislative body having jurisdiction such closing is necessary for the protection of persons attending such school or school grounds. See: http://www.dmv.ca.gov/pubs/vctop/dll/VC21102.htm .;;,,.. 7 75F-77 J Page 1 of 1 -P~ lawrence, Mark From: Lawrence, Mark Sent: Monday, June 21, 2004 2:58 PM To: 'BluePorsche40@aol.com' Subject: RE: Broadway Tower by OCHSA Dear Rene Morales, On behalf of Council Members Christy, Alvarez, Solorio, and Bist, thank you for your letter regarding the proposed One Broadway development. A copy of your letter has been forwarded to each of these council members for their review. The City Council appreciates you taking time to share your thoughts regarding this matter and assure you that your comments will receive their fullest consideration. Should you have any further comments, please call me at (714) 647-5200. Mark Lawrence Assistant to the City Manager City of Santa Ana -----Original Message----- From: BluePorsche40@aol.com [mailto:BluePorsche40@aol.com] Sent: Sunday, June 20, 2004 12:32 PM To: mikegarcia@cisanta-ana.ca.us Subject: Broadway Tower by OCHSA ~ Dear Sirs and Madames, I am writing to you about my concerns for the Broadway Tower project and the safety of our children during and after construction. I moved from Northern Califomia so that my daughter could fInish high school at the Orange County School of the Arts. She attended the San Francisco School of the Arts her fteshman year, and we were very disapointed with not only the arts program, but the safety and security of the school, as it is an open campus. I am so pleased with OCHSA in comparison--closed campus, many adults providing constant security throughout the day--ftom the drop-off in the morning, to monitoring during lunch, and after school. The block that OCHSA sits on can be a very busy area already--Main Street is of course, a main thoroughfare, and Sycamore and the closed-to-traffIc 10th streets are our only saviors. Sycamore provides a safe drop off and pick up spot for our children. Even it is very busy when school lets out. The closure of 10th street to traffIc allows the children to fteely cross to the lawn at Symphony Hall for lunch, and for meetings and performances. If this is reopened to traffic, and the Sycamore drop-off area is eliminated, the safety of our children would be extremely compromised. Please tak~ .~ moment and drive the blocks surrounding our school. Even though school is out, you can picture 1200 children arriving and departing, and imagine the danger and confusion if the street changes are approved as proposed. And remember, the high school students get out of school at 4:55 pm--just as many people will be leaving work!! Thank you for taking the time to review this--this great school deserves to remain a safe and secure place for our 7th- 12th graders. I would hate for people such as myself to pass up the opportunity for their children to attend this wonderful school because of the traffic situation. Most sincerely, Rene Morales 6/21/2004 75F-78 Christensen. AnQi B 3roadway Tower by OCHSA BluePorsche40@aol.com Sunday, June 20, 2004 12:34 PM Bist, Lisa; Solorio, Jose; Alvarez, Claudia; Christy, Alberta Fwd: Broadway Tower by OCHSA 1 J5F.7;2 Page 1 of 1 Par lawrence, Mark From: Lawrence, Mark Sent: Monday, June 21, 2004 3:33 PM To: 'WendMark@aol.com' Subject: RE: New building on Main St. -,- Dear Mr. Ciarrocchi, On behalf of the Mayor and City Council, thank you for your letter regarding the proposed One Broadway development. A copy of your letter has been forwarded to each of them for their review. The Mayor and City Council appreciates you taking time to share your thoughts regarding this matter and assure you that your comments will receive their fullest consideration. Should you have any further comments, please call me at (714) 647-5200. Mark Lawrence Assistant to the City Manager City of Santa Ana -----Original Message----- From: WendMark@aol.com [mailto:WendMark@aol.com] Sent: Thursday, June 17, 20049:01 PM To: Garcia, Mike Cc: Bist, Lisa; Solorio, Jose; Alvarez, Claudia; Christy, Alberta Subject: New building on Main St. Dear Council Member, My name is Mark Ciarrocchi. My son will be starting seventh grade at OCHSA in the fall. He obviously has several years ahead of him attending a great educational facility in your fine city. It was difficult to make the leap from traditional school building to converted office building for our child's middle and high school education. Now we're told that there's a plan under way to build a 37 story office tower next to OCHSA. That has to, by extrapolation, increase the traffic logarithmically around the school. Also, I understand that 10thßtreet will be re-opened to vehicle traffic, adding multiple layers of safety, noise, and pollution concerns to the situation. -.. If I have been misinformed please let me know. If I have not, please reconsider voting for this plan. The health and safety of hundreds of children are at risk. If you are a parent. please take a moment and consider what this would mean to you if it were your child's future at stake. Thank you for your consideration. Sincerely, Mark Ciarrocchi (714)745-2497 6/21/2004 75F-80 ,~(-'" \,., , "'..' n t" ."- ~-<;''''''.' ,~,-c."'\ . Mayor Miguel Pulido And members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana CA 92702 '.-! ¡'lit '.." ']i,) :G~ ,''1¡: "1 "' .-~ ~; Dear Mayor Pulido and members of the City Council; I recently learned that on Tuesday, July 6 Council will vote on the proposed One Broadway Plaza. I also learned that, among other problems, construction of this 37-story structure provides for the re-opening of Tenth between Main Street and Sycamore. It is also my understanding that this street could now be subject to use by thousands of cars each day. My child is a student at Orange County High School of the Arts and must cross that section of Tenth Street several times every day. Further, Tenth Street is the only open space currently available to OCHSA students during the day. I am writing to express my concern for the imminent danger to the safety of OCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when only a few hundred cars used Tenth Street each day. Opening Tenth Street for use by thousands of cars every day, with no more protection for students than a crosswalk, endangers OCHSA students, including my child. It is clear that there is a high probability that an OCHSA student will be injured or killed if this street is reopened for this project. In resolution 2000-059, you found: (1) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closing Tenth Street is necessary to protect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project. Access is available on other streets. Tenth Street stilI divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown considerably since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only 15F-81 leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mike Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah acknowledged that he believes that opening Tenth Street is not essential to his project. He stated that leaving Tenth Street closed could be done. After listening to all of the parent's concerns that opening Tenth Street would create a dangerous situation for OCHSA students. Mr. Harrah promised to contact the City immediately and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. I understand that this is late in the approval process; however, OCSHA parents were not made fully aware of the details of this project until this meeting on June I5-two days before school is over for the year. Even if you have to postpone a decision on this project to re-evaluate the impact of the abandonment of Tenth Street, a slight delay is insignificant in comparison to protecting the child or children who are likely to be injured or killed if Tenth Street is reopened. I want to remind you that no amount of money is worth risking the life of a single child. Further, as an elected public servant, your first duty is to the people of the City, especially to the children. Economic considerations must come after safety. Please support the developer's request for abandonment of Tenth Street and keep our children safe. Please ensure that his letter is forwarded to the persons within the City necessary to address this issue. Very truly yours, C-5d fc~r~ Signature The parent/parents of an OCHSA student. - ~ . l &zml ;í¿ é's1Xr7(J2.C--,) 75F-82 '." . . - . Q;) ~~'~ ,', ~ ~~ ~ ~ p-~'~ ~. :~;;~~~ ~ K I:~" . ~1--' ~ ~ f~ ~~~ ~~ ~l - . )j ~'() . :: ~ - - - - - - .- - 75F-83 II {I"" ¡:c ! ~=' ¡tt-joo >ïZ!. = t""< l' e'~ t::I::;Q >e"' ei:' ~~.; '100-- Qr"= <II e , N C\ ., .... C\ Q I .':Cj Q t ¡ ~~ ~ : 1-:.. r.1 '. I "..~ 7:"":.1 ~ ~.~~: t:tj ~ r ':" ~r-3 ~ ~;;':. H i ,2: Z 1 r-.-"~ .--f:ì r~\"L,: ~ , I I. f ~ : , . -- t. \ '~.,t~, H ". ,"['1 ¡ ~ '\ , . Honorable Miguel Pulido Mayor of Santa Ana City of Santa Ana 20 Civic Center Drive Santa Ana, CA 9270 I Dear Mayor Pulido: My name is Linda Mendoza, 1 am currently a fteshman at Orange County High School of the Arts. 1 am writing to you regarding my concern about the thirty-seven stol)' building proposed to be built behind our school on Broadway. I am opposed to this proposed to build a thirty seven stol)' building for many reasons. The traffic and noise of the students and city employees is horrendous. I think this building will disrupt the education ofOCHSA students. OCHSA is situated in one of the most congested areas in Santa Ana. There is a population of about 1200 students here at OCHSA. It will continue to expand each school year. After school there are a lot of cars which endanger students who are crossing the street. I also heard that Tenth Street will be reopened. An important ques1ion is where will the buses park and unload/load on/off OCHSA students? This can cause more traffic congestion. Four years ago Santa Ana asked OCHSA to move to Santa Ana ftom Los Alamitos. However, a thirty- seven stOI)' building next to OCHSA will increase traffic around OCSHA. This seems to say that OCHSA is not vel)' important to the city. Santa Ana has been building a reputation as a city which endorses the arts. OCHSA has brought name recognition to Santa Ana. Noise is the second problem that will occur with construction. All of the students here at OCHSA take conservatories. For example: Music and Theatre students need quiet surroundings in order to hear their instructors instruct them and to hear themselves act or sing, Commercial Dance also needs to hear their music and their instructors as well. It is essential for Instrumental Music students to have quiet surroundings to perform. Noise will continue to amplify with more business around the school. The city has not yet told OCHSA how much time and years it may take to have this building completed. If the city votes to construct this building, how long will it take? If construction takes place, this will continue to disrupt activities at OCHSA. The construction of this building may suggest that OCHSA is no longer a priority to Santa Ana, and perhaps the arts in Santa Anan will no longer important. Mayor Pulido, Santa Ana's motto says that "Education is first." Which is your priority Mayor Pulido? Is your priority education or is it business? Respectfully yours, Linda C. Mendoza 75F...84 Kathya TOlTejon 2568 Falconer Way Orange, CA 92867 April 15, 2004 ,,' .--,. Mayor Miguel Pulido City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Miguel Pulido: I would-like to thank you in advance for taking the time to read my letter. My name is Kathya TOlTejon. I am 15 years old and a student at Onmge County High School ofthe Ans. It has recently come to my attention that a 37 story building is going to be built on Broadway Street in Santa Ana. I am concerned about many problems that would arise if it's built. If this building is constructed, there will be many long-term effects, not only for OCHSA, but also for the city of Santa Ana. During the construction ofthe building, many things would be lost. When finished, it would consist of over 500,000 square feet of office, retail, and restaurant areas. It would be 37 stories which would not OIÙY make it the tallest building in Santa Ana, but in a1l of Orange County. Ifthe building is constructed in this area, three historical buildings would have to be removed. Along with those buildings, the removal ofthe Yale Apartments and nearby residential dwellings might also occur. Finally, many streets would be blocked due to construction. One ofthe biggest reasons to. not construct this building would be because of the increase of traffic. There would b many streets that would have to close during the construction period. As a result of this, there would be more cars on the nearby streets and many detours~ The èetours would cause an impact on the city because the nearby streets like Sycamore, Tenth, and Washington S1. are already crowded as it is. Another reason would be that the construction would be very disruptive to the school's learning. When there is too much noise, students can't hear very well. That's how it will be when all the machines are outside working for years. Along with making a great deal of noise, it will make the air quality around the area very poor. This wouldn't be good for air conditioning and for lunch time when many students are outside. Lastly, the construction will take place where the OCHSA parking cUlTently is. Because of this studeats will not have any place to park. This would really affect OCHSA and the traffic would really affect the entire city. Now I can understand why you would want this tower to be built. Santa Ana is in need of more office space and jobs. This building would really help in offering jobs but why can't it be built somewhere else? Somewhere. where it won't remove three historical buildings, 75F,,8~ cause too much traffic, and disrupt the learning of high school students? Also, the school's parking would be gone. It has been said that there would be separate parking and underground parking would be available to OCHSA students when the building is finished. The problem with that is that It will take,¥ears to construct so it won't be available for a long time. The separate parking would work, except it is somewhat far iTom the school. So it will take much longer for all the students to get to school. As a final point, it's true that the area is a large are of space with not many modern buildings. But it does have historical buildings tha. are important to- Santa Ana. Along with those buildings, there are residencies and Yale apartments that if removed, would cause the oWRers to have to move and find a new residence. There are many other spaces in Santa Ana that can be used for building office space that doesn't require the removal.ofhomes or apartments. Ifthis 37 story building is constructed, it will cause many changes. These changes include traffic, parking problems, and di6mption of learning. Since it is so large, construction will carry on for many years and all ofthesetiisturbances will continue until then. I ask you to take into consideration all ofthi& information so we could find a better solution and find somewhere else tò construct it or not construct it at all. Just think of all he things that wouldn't be lost. Thank you for your time. Sincerely, "';/\ ;¡;¡j~0 'Jœ¡~f\J Kathya TOITejon 75F..86 JOY MASON-JOHNSON, M.D., INC. \" ,. U ,t- V'..(' 1 C~"..M'j ^- DIPLOMATE, AMERICAN BOARD OF RADIOLOGY DIPLOMATE, AMERICAN BOARD OF NUCLEAR MIfllfrCIff 1603 NORTIlBROADWAY' SANTA ANA, CA 92706 (714) 542-3597 \./ oF< ,,', .~ . , ,': ¡. "I /0 ;¡.¡ '/JL¡ "Ii - ¡"~ o"¡"iJ. March 19, 2004 Mayor and City Council of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: One Broadway Plaza Although I am quite certain my concern has been previously addressed by the planning commission, I do recall reading that the project would cause an additional 4,000 to 6,000 cars per day on Broadway. This causes me considerable distress because of my fear that an additional traffic load of this magnitude will severely burden the existing routes to the Civic Center and make turning into the existing businesses on Broadway virtually impossible. Also, the way the left hand turn lane is structured at the comer of Broadway and Seventeenth Streets, only 12 cars can pass through that intersection every two minutes, which means only 360 cars can pass per hour through the intersection, turning left. If the traffic load that will be generated for Broadway is an additional 400 to 600 cars per hour, this means that the wait time to turn left on Broadway could be in the range of 30 to 40 minutes. This could create incredible congestion on Seventeenth Street. North Broadway and North Main already move very slowly during rush hour and the possibility of severe traffic jams along Broadway, Flower, Main and Seventeenth Street becomes a problem of real significance. My question is, how is the traffic flow going to be directed to accommodate all the new users and what assurances do the current property owners on Broadway have that during construction, they will be able to access their property, as well as move tfeely along the corridor? While I welcome the idea of a wonderful new high-rise bringing a whole different class of professionals, as well as retail consumers to Santa Ana downtown, I am very concerned by the possibilities for creating traffic flow problems of a catastrophic nature. The possibility that one building could create a situation in which the whole civic center area becomes a virtual parking lot, and every business in the area suffers, causes me great alarm. Would you please address my concerns and let me know what plans the city has evolved to prevent lengthy traffic jams and ensure that current business owners will have access to their own individual parking areas? Thank you very much. Sincerely, JMJ:ldj 75F-87 .. ... APR-01-2004 11:21 PM c...~. BROAO~ ~'<'" ~ "I,¡. BULLDOGS 120 Civic Contii' DriJe WIJI s...r.. Ntg, C'. 92701-7505 r71~)54H6~ Apri11,2004 Mr, Mike Garcia Council Member -Ward 6 City of Santa Ana. 20 Civic Center Plaza Santa. Ana, CA 92701 RE: Non-Returned Telephone Cells Dear Mr. Garcia.; I hope all is well with you and that your delay in rellpondins to my telephone calls of March :<15 Me! March 29. to your office at City Hall, are I!Xp1ainahll!. . Sirtce the conventionøl manner of returning telephone calls appears to be problematic, I've decided to submit my request in writing 80 that there is no mìsunderstandìnç. I would like to "peak with you regarding the One Broadway f'liIZØ. (OBP) Ad Hoc Committee. It has been over two weeks since Council voted to create this committee and I'm seeking clarity on the progre$$ and work of the committee. My concerns and. questions are: . . What is the meeting schedule of the ad hoc committee? Who il! chairperson of the CBP Ad Hoc Committee? Who Are ~he participating members of the: ad hoc committeei' What are the guidelines regarding the public'¡ participation in the ad hoc committee? . . I welcome the opportunity to te.Ik with regarding my concernl! about the OSP Ad Hoc Committee: and I'm hopeful we will talk before Friday, Apri12. 1 may be c:ontacted at 541-3449. Sincerely ( ~!l~VZttl fMÎ'~ J/~ Ramirez ð ,.ww.broQøwgybulldog ..tOm 75F-88 - ------------ -.- --.----------.._------.----._-_._-_. - -------._---- GARY & JULIE HUMPHREYS 2112 N. Ross Street Santa Ana, CA 92706 (714) 541-3452 April 22, 2004 Honorable Miguel Pulido Mayor 20 Civic Center Plaza Santa Ana, California 92701 Re: One Broadway Plaza Dear Mayor Pulido: I recently learned that you have chosen to abstain from voting on the One Broadway Plaza project because of your past connection with the developer. While this may have been a difficult decision for you, it is nevertheless duly noted by your constituents and is commendable. I wanted to take the opportunity to thank you for placing your ethical obligations above , any personal feelings you may have in this matter. It is regrettable that your fellow council member, Claudia Alvarez ot follow the example you have set. JPH:bm 75F-89 ~~/~4/~~~4 l~:l~ ~l ~-4I:1::1-I::H:l41 LA/U~ ~LV~. I~AV~~ 1'1 ,~, }'J u 8 51¡ AN 'O!~ Santa Ana City Council 20 Civic Center Plaza Santa Ana, California 927f1l , .,.f ,:..,,' j Å AN~ RE: One 'Broadway Plaza Honorable Mayor and Council Merubers: AJ; a resident of Santa Ana, I am very excited to hear about the proposed One Broadway PJaza project. This pxojec:t Ís essential for the city in many ways. Not only will One Broadway Plaza be an Icon Landmark for the city, but also will provide economic growth, which is desperately needed, for .fUture 9UCcess of Santa Ana. One Broadway PJaza will give the City of Santa Ana the recognition as a cultural hub for Oran¡e County. This project will change the outside perc:cption of Sartta Ana and will gain the pride and respect as the Capitol City of Orange County, encouraging professional offices, to relocate their headquarters to our downtown. One Broadway Plaza's urban setting and location is ideal for the City of Santa Ana. So many times, developers build on the outside edges of the city, which kills our downtown iU"eas. Having a Class A office building in the heart of Santa Ana will bring back life to the DowntoWD/Mïdtown areas. I appreciate the attention the developer has given in successfully weaving the historic past of Santa Ana with the future, providing urb81) plazas and gathering areas for the residents. I am-lOO% supportive ofthÍs project and encourage 100% support, for the future success of the city, trom the COWlCì1. Thank you for the opportwUty to share my excitement for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. Sincerely, ~/ ---- ~/ 1//,----- ------ . L'-ïy...k-------- J~ r - -¡¡;"'t\lv - B Vi - fE 75F..90 ",Al1~ ~~/~~ ~jf~q!L~~q l~;lj Llj-ql:lj-I:II:N { LAfUG ~LD~. I~AD~~ .l ,': J 22 ,;~'< 'J,,!.' i'..;. ,t ¡".; ~' Santa Ana City Council 20 Civic Center Plaza Santa Ana. California 92702 t;, , ~' v, ,'- >',i\ .:.; :",.:; RE: One Broadway Plaza Honorable Mayor and Council Members: As a resident oeSanta Ana, I am very excited to heal about the proposed One Broadway PIaza project. TIús project is essential for tl1c city in alany ways. Not only will One Broadway Plaza be an Icon Landmalk for the city, but also will provide economic growth, which is despa-ately needed, for Mure success of Santa Ana. One Broadway Plaza will give the City oiSanta Ana the recognition u a cultural hub for Orange County. This project will change the outside perception of Santa Ana and will gain the pride and respect as the Capitol City of Orange County, encouraging professional offices. to relocate their headquartexs to our downtown. One Broadway Plaza's urban setting and location is ideal for the City of Santa Ana. So many times, developers build on the outside edges oflhe city, which 1cills our downtown are;¡$. Having a Class A office building in the heart of Santa Ana will bring b.u:k life to the DowntownJMídtown areas. I appreciate the attention the dcve1opa- bas given in successfully weaving the historic past of Santa Ana with the future, providing urban plazas and gathering areas for the residents. I am-lOO% supportive of this project and encourage 100% support, for the future success oftbe city, from the council. Than!< you for thl: opportunity to share my excitement for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. Sincerely, áad~'tJp 18 7/J... U~ ~~I úu.f!.J70Þ-- 7 SF .91 t-'Aut: ~L!~L Santa Ana City Council 20 Civic Center Plaza Santa Ana, California 92702 nM/ 30 8 59 Aji D~ CL~~.';.V... , ~.);;lj¡ vl1 ,,;r cerdA ANA RE: One Broadway Plaza Honorable Mayor and Council Members: As a resident of Santa Ana. I am very excited to hear about the proposed One Broadway PIau project This project is essential for the city in many ways. Not only will One Broad~ay Plaza be an Icon Landmark for the city. but also will provide economic groWth, which is desperately needed, for future success of Santa Ana. One Broadway Plaza will give the City of Santa Ana the reçogniûon as a cultural hub for Orange County. This project will change the outside perception of Santa Ana and will gain the pride and respect as the Capitol City of Orange County, encouraging professional offices to relocate their headquarters to our downtown. One Broadway Plaza's urban setting and location is ideal for the City of Santa Ana. So many times, developers build on the outside edges of the city, which kills our downtown areas. Having a Class A office building in the heart of Santa. Ana win bring back life to the Downtown/Midtown areas. I appreciate the attention the developer has given in successfully weaving the historic past of Santa Ana with the future, providing urbaJ:1 plazas and gathering areas for the residents. I am-lOO% supportive oftbis project and encourage 100% support, for the future success of the city, ro,m the council. Thank you for the opportunity to share my excitement for One Broadway Plaza. and the exciting growth ahead for the City of Santa Ana. hÞ(¡€/ò fI/?6Lt7d Sincerely, 75F-92 A June 23, 2004 Mayor Miguel Pulido and City Council Members 20 Civic Center Plaza Santa Ana, California 92702 Dear Honorable Mayor Pulido and Council members Enclosed is a packet including several letters from Governmental Representatives and local Business Associations. Letters from Senator Joseph Dunn, Assemblyman Lou Correa, Congresswoman Loretta Sanchez, The Hispanic Chamber of Commerce, Boys and Girls Club of Santa Ana, and other prominent business people of Santa Ana As you can "clearly see, these well educated, successful business people see the importance of One Broadway Plaza. These people have come forth, in writing, to support One Broadway Plaza. They see have the same vision for the prosperous future of Santa Ana as we do, and encourage you to approve this very important project for Santa Ana. Santa Ana is the heart of Orange County; One Broadway Plaza will be the landmark building identifying that heart. It is so important to have a Class A building that will bring back the professional business to Santa Ana, in doing so, improve the quality of life for all the residents, improve public perception. and become the Cultural hub for Orange County. With your support, we all win. . -:,-. 1200 North Main Street Suite 900 Santa Ana, California 92701 T 714.543,9484 F 714.543.9972 75F-93 jun-ZZ~Z004 04:Z1pm From-Senator Joseph L Dunn 714-i05-1586 T-854 P.ooz/ooz H19 J./\CAAM£NTO QF~ICE STATE CAPITOL SACRAMENTO. CA 95814 TEl. (9tSJ 445.~e31 I"";K (916) :323-2,323 RJCI< BATT£ON r;.~It;;F OF 3T"FF -0 C::OMMITTf,;:;$: . CMAIFt. aUCGlrT ANO FISCAL. REVIe:' SUBCOMMITTEf; fl4 IIANK¡NG. C::OMMERCE: ANO INTE:RNATlOML TIIACE ENERGY. lJ1"1UTIES ÃNc COMÞ.o1IJNICATIONS GOVê:.Q:NMENTAL ORGANJZATIQN HCUSINC:; AND COMMUNITY CIiVELOPM¡¡¡;,...T LADOIIIII .. INOU""'~I"",- RELATIONS VETERANS AFr-A:Rs <ITalifnrnia ~ta:~£ ~£nat£ O:STRiICT :::n'-P1C;;E 12397 U;:WI~ S":"AEEì, SUITE: 103 CARDEN GRovE:. CA 02840..4£)65 T:1. '714) 70;5-1:560 FAX (714) 705.1586 ,; , SENATOR: JOSEPH L... Dl.¡INN THIRTY.FOURTH SENA"O~IAL DISTRICT ! ;tl..¡¡CT COM~I,"1:1!:3; CHAIR, MOBILE ANC MAf'ojUFACTURIID HQM~S CH~IR. CITI%I!"N PARTICIPATION .,IO<I'I;T COMMITTEIi.: .JOINT Ru/-.CS June 11, 2004 Michael F. Harrah Caribou Industries, Inc. 1200 N. Main Street, Suite 900 Santa Ana, CA 92701 J Dear Mike: I write in support of One Broadway Plaza and your proposal to build in downtown Santa Ana. Your project, a new high rise building with ample parking and consideration made to traffic flow, will provide the needed space for businesses in Santa Ana. Your commitment to the preservation and beautification of the environment and your sensitivity to the Santa Ana neighborhoods is to be commended. I look forward to this exciting project as its completion changes the landscape of Santa Ana and provides a new unique landmark in one of Califomia's fastest growing business communities. Very truly yours, '..'. JLD/ncc r¡5F-94 SïAiE CAPITOL - . ~~5r;.nhl~, QIalifrrrut:-J; tlir£1,slèdUtr r , , ~ - ~ ..,.",~ -..... =-"" .~-..:.c.."::' :-~ :~::;':_'=; .-::- .:-:.. ~':2~f<=''5? ~-.: .~ .:--,.~ : ::-.:)5~ ="'\~. .~'5 ::'~.:169 ~¡Sïnl:::- ;J;;;;;;!~E ~.3Z3 NORTr. 6R::JADWAY S¡';:T~ 225 SANTA Af.,¡A. CA 92706 ?i-i:J¡.,¡¡: ~7í':"f 255-0355 PAX (714) 285-1301 EMAIL: assemblymember.co~a@assembly.ca.gov ¡ LOU CORREA ASSEMBLYMEMBER, SIXTY.NINTH DISTRICT March 11,2004 Mayor Miguel Pulido City of Santa Ana 20 Civic Center Plaza P. O. Box 1988 Santa Ana, California 92702 Re: .One Broadwav Plaza Proposal Dear Mayor Pulido, .I COMMrrTEES: CHAIR: ::'..:3!i'j=:::~ ~fC ='=:=::::? -: .': 5~:..='::i'" ::>r-.1:,¡Íi~== :Ji" --i:: ,::;:::":5= 0= -:-~=::.. T.)::¡C :..1;':::~,'= c;:¡¡:;=-s ,:.,¡r:: Sï"':"¡-::Ji... VICE-CHAIR: JOINT LEGISLATIV= SUNS:::¡- REVIEW COMMITTEE MEMBER: APPROPRIATIONS BANKING AND FINANCE INSURANCE PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL sEcuRrrv SELECT COMMITTEE ON AIRPORTS AND THE AIRLINE INDUSTRY SELECT COMMITTEE ON CAUFORNIA'S NURSING SHORTAGE S8..ECTCOMMrrTEEON MOBILEHOMES S8..ECT COMMITTEE ON MEGAN'S LAW AND SEX OFFENDER REGISTRATION CALIFORNIA COMMISSION ON THE CALIFORNIAS After careful review of the One Broadway Plaza ("OBP") proposal, I have decided to lend my support to the project. There are several reasons why I have come to that conclusion. First, OBP wi1l bring good paying jobs to Santa Ana. Construction ofa 37-storybuilding win have a significant effect on our local economy. As you know, the construction industry has a large multiplier effect on the economy, creating two additional jobs elsewhere in the construction sector and in other parts of the economy. Not only construction jobs, but once built, the t.ailding win provide jobs for Santa Ana residents as wen. Second, OBP has worked with its neighbors in addressing their concerns. Orange County High School of the Arts as well as the El Sol Academy are in support ofOBP. Since these schools win be immediately impacted, it is a testament to the cooperation and thought that has gone into this project. Traffic is an issued that I trust you will continue to address, not only for the area around OBP, but for the rest of City of Santa Ana. Finally, OBP will strengthen Santa Ana's its rightful place as the County seat. One example is KOCE, the only TV station in Orange County. OBP appears to be the future home ofKOCE. ":'~ " If you have any questions, please feel &ee to contact me at (714) 285-0355. ~SinCerelY' / L A Assemblymember, 69th District Ph:asc visit" my homcpa~ at: httf':/Idemocracs.a."iscmbly.ca.go\'/memhcrs/:t69/ .' 75F-95 --- ~... '''''''''J',-.ø"". ""...",. LORETTA SANCHEZ 0161'>0 O,,,rRIC1'. C,.¡,u~R"''' Sueco,...,rnn: ECUCA TtON ¡:¡EFORM WORKFQRC:: PROT~CTIONS saECT e:cuc). T¡ON "IE""''' .0: ~ L.J ""''''SJooI.-.(;TON c,~c~ 12~O lONGWCRTH 3U1l::ING WASHINGTCN. cc ::C.51S'ySoI.6 [:;:C2} 215-2985 (20:1 225-5859 ¡:AX COMMITiEE CN ecuc.. nON "NO THe WCRKFORC¡; C:JMMITTEe ON ARMeD seRVices Q[Uttgr£55 of tl1£ l!ttt;it£ÌJ §tUÍ£5 , 1.6 J,lUS.e uf iR.epr.es.entatiu.es . . m¡¡5~Íngtun. i1!Qr: 2D5l:í-1J54ã OOI5T'RIC':'O""'1:! 12397 LEW'IS STREET. SUITi:: 101 GARDEN GROVE. CA 92S40-.¡.ð95 1714.1621.0102 17141621.0401 FAX www.hou.se.gov/sancnez Loterta@ma,l.house.gov $ueCOMUI'n'U:S: MIUT ~AY ReSEARCH ANO OeVELOFMENT MILIT AAY PE!':SONNEL speCAL OVERSIGHT PANEL ON TERACRISM June 24, 2002 Michael F. Harrah, President Caribou Industries, Inc. 1200 N. Main Street, Suite 900 Santa Ana, California 92701 J Dear [vIr. ~ /J'ïtU..~ I am writing in support of One Broadway Plaza which you propose to build in historic downtown Santa Ana. Santa Ana has experienced tremendous growth during the past ten years, both commercially and culturally. Because Santa Ana does have many historic neighborhoods filled - with a rich variety of architectural styles, developers have made it a priority to preserve the unique character of the neighborhoods. Santa Ana, however, is a very modern city whose ideas and planning are immersed in the 21 st century. The skyline of the city is changing, and like San Francisco, high rises are juxtaposed between Victorians of the early twentieth century. Personally, I am excited about your new project-a new high rise building with ample parking for all and, of course, I appreciate your sensitivity to the preservation and beautification of the environs. I look forward to this exciting new project being built in Santa Ana, a project which will certaWy. provide needed space for commerce in the city. One Broadway Plaza will be a unique focal point in the ever changing culturally and commercial landscape of Santa Ana. Best wishes on the successful groundbreaking of your new building. t~~ dMember of Congress -~-_. LS/nl 75F-96 -" ~: BOYS & GIRLS tLUB OF SANTA ANA Members of the City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Members, Recently I was asked by our long tenn friend and supporter Mike Harrah at Caribou Industries, Inc. to provide a lerter of support for his new project One Broadway Plaza. My response was 'Gladly'. I have always found Mike to be 'a man of vision'. He is tru1y among the first wave of new Urban Pioneers. Vihere others see vacant buildings and blight Mike see's opportunity and growth. Mike has invested heavily in Santa Ana-and not just in property. Mike has helped to create jobs and has shared his gains with numerous not for profit organizations. Having been a tenant in two different Caribou properties I can speak from first hand experience on how well they were managed. I am sure his newest project One Broadway Plaza will be well managed, highly successful and help to create hundreds of new jobs here in Santa Ana. Please give your serious consideration to approving the One Broadway Plaza project. Sincerely, Cc. Mike Harrah 950 WEST HIGHUND ~ .s.J.~i7~ ~~jA, c).. :;::7û:l ~ ¡';j..4~ 34':-7212 8rA;{ ~7i..J.} .54:-4.; i3 75F-97 Sep 08 03 11:24a HCOC 714 953 0273 p.2 , ~': ; " HISPANIC CHAMBER OF COMMERCE OF ORANGE COUNTY Mr. Dan Bolt Environmental Coordinator City of Santa Ana Planrùng Department P.O. Box 1988 Santa Ana, CA 92702 RE: SUPPORT FOR ONE BROADWAY PLAZA Dear Mr. Bolt: J Thank you for the opportunity to . lend our support for One Broadway Plaza. The Hispanic Chamber of Commerce of Orange County has followed this project for the past two years and has continued to be impressed by the level of detail and commitment Caribou Industries has provided to and for the community. They truIy understand the need for consensus for such a vital endeavor. As a regional economic development organization. we are enthused by the cultural and economic growth of the city of Santa Ana and would not like to see a slow down of such positive results. Please support One Broadway Plaza. Again, thank you, and please do not hesitate to contact our office should you have any questions or comments. incerely, .1 . I'A)J~. 'J ' eI Aya1:?\ resident'£.iEO Cc: Mayor Pulido Council Members '.'. zJ:J- ~orth.Braadway. Sui:c 305 Santa Ana. CA 92706.1640 ' (714) 953-4189 FAX (7141 ~53;(J;:73 75F-98 09/0VOJ THW 09:19 F.~ 9~9 ;21 8910 U.W OFC FC SAYRE -.,. '!:lI!!II:ICO CA!:-:-~L.M~ :åAYIõõ:::, 1t~¡'H M "'e~"~A::O"'" iHOIol,\$ .,. Qf.W.1. COUQL.20:: ¡. INUA."H' MI«:Uc:.L c. C:.1~AI.l.;'no H,~rOI( 1IÎ. ~.1.L:;R;:110 THOMAS \I. ~...,,¡¡... JI,)tIN I.. IUI I.~ON" OAI'II~L n. CA!ot,,~e~tJ':"jl iMY~OND e. Q;:¡OWN .. liteX WWAI'4G '-JEON C. SOMMIS:,R OOUGL..1.~ "", GE332!:LL JUI"4G I. ~AII/K 'tQL.ANO^ ..... r.4:!QINA JAM'S ~. "'UMM JUAN C. VICTOR.IA J!SUS J. rORRS! MARK :I. BROWN LA.W OFf:rC:!3 OFj FEDERICO CASTELAN SAYRE \, 900 N. BROAOWAY 4'. FLOOR; SANTA ANA. CALIFORN:IA '1701 0 TiH..!H'HONC (71.1) !:'O.~117 T5n.ëPHONe (949) 7;'Z1.~;r7.1 ¡'^CSIMtI.~ PHe) 721.4,tO' "''''C~IMILS (714' S~O.~1%~ :II.;¡yr'Ja,qç s~Y'II.;Jw.;orn II ~UCUlly acrnlfl~t1 In U.S. I/f,,,11I !aI3Itd", -::A" A2 uL.I,¡r1U", 1/'1 'IOti¡JõI liRIv ROHM.O Z. 001.41:, J.e. Qm~, AGl'lInll1r1HH August 28, 2003 -' Mayor Pulido Santa Ana City Council 20 Civic Center PI:l:';3. Santa Ana. CA 92702 Re: One Broadwav Plaza -Honorable Ma.yor and Council Members: ¡g¡00~ ,..a:NAHOO t:. eN"Va~ U.3ø "1""'" A I.,'\, U. 0'" , ~UI1'C 10 t :fA'" .102". CAI.I'OIUIIA U 12G (4n..., 1Ir1.'¡OO'1 SAYIU , CWAVlliZ QI'I'IC.' THOM..,S 4. ."''-L- tC,1t ,,"J.t 'Tit!!':", =UITI tlO 3i..lro.CRAM I! I'fT::I, C"I.I"O"~"" JO.'" 1'1'J.H:¡..IIU KiHT M, "I!NOI"'QH" VI)O :1. 1111.040,,", II,.. 711t 1&'\"00,,< SANTA. ''''4.01.. ~.A.lI,.onNIA 121Q 1 (71C' HO~!"'7 ..IGU.I. O. C"."I.LI:"O. Ha I W I\,... IofIFU: al.va., '\,lITe; IG4,J 1.03 A.IiGiiI.11. CAL."O"NIA 1100 to 11nJ 1I1.Q4U DQUGlA.:II II. IN......... 7 CttUIIICH ST"'..T CIoUtI2TIAIoIO'1'iD. IT. C::III:01.1I, ytACI)& I:lLAHO:¡ ual0 (:S4G) 713.~~:U af Cl\wltul LoU v-ou OHico AU,TTMIW Q. eALI."TI!.I'I: '="'1.1.111'1" " "~'I'i'iOI.O' 0:: 1..1.:. V;QAS ;'1.,110. :1111. !.AII via..", NY ''In, ITU) 1U.U43 '"MANACIHe. ATTORN'Y A3 a Bu.sin~ Owner in Santa Ana, I am very excited to hear about the proposed One Broadway PIa7",a proj~t This project is essential for the city in many ways. Not only will One Broadway Plaza be an Icon Landmaxk for the city, but also will provide economic growth. which is despetacely needed, fur future success of Santa..<\Da. One Broadway Plaza will give the City of Santa Ana the recognition as a cultural hub for Orange County. This project will change the . outside perception of Santa Ana and will gain the pride and respect as the Capitol City 0 r Orange County, encouraging professional offices to relocate their headquarters to our downtown. One: Broadway plaza's urban setting and location is ideal for the City of Santa Ana. So many times. developers build. on the outside edge:¡ of the city, which kills our downtown areas. Having II. Class A office building in the heart of Santa Ana will bring back life to the Downtownl1'v.üdtown areas. I appreciate the attention the d&:'lcloper has given in successfully weaving the historic past of Santa Ana with the futUre, providing urban plazas and gathering areas for the residents. . .. I am 100% supportive ofiliis project and highly encourage 10Q% endorse:n~t, for the futUre succ=ss of the city, from the councì1, . from our ma.yor and councU. Members, thank you 75F-99 r-'-'..-- . .-~--- --- . ~- Documenr1 09/0~/OJ TRU 09:19 ~\I 9~9 7~1 8910 LAW OFC FC SAYRE IgJOO5 Santa Ana City Council Re: One Broadway Plaza 812812003 Pa$.e 2 . , FEDERlCO C. SA YRE - ~; ¡ , \ tàr the opportUnity to share my excitement for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. Very truly yours. LAW OFFICES OF FEDERICO C. SAYRE . ----.---- í" ,~,., .' ,. .6.- . -- . By: ZdC-'-<,--':i /" ":¿"¡-'L,: F.::derico Castelan Sayre' A~mey at Law FCS/wmp '.;.- '.. .~',.,--.^' .~, Ooè::m':rit7' 75F-100 James Matheny , 1409 Meriday qme Santa Ana, CA 92706 i February 20,2004 To: City of Santa Ana Planning Commission and City Council I vlish to add my support to the civic-minded groups and individuals who recognize the opportunity for growth that One Broadway Plaza will offer..the city of Santa Ana. The very premise of success is first built on a vision for the future. Since I moved to Santa Ana in 19421 have seen those with far-reaching dreams build a city where business thrives and communities prosper and reap the benefits in education and safe neighborhoods while property values steadily increase. Santa Ana is known throughcut Southern California for being a model in progress while preserving it's historical past. One B;oadway Plaza wil1 continue to meet these criteria that make our city rich in yesterday while looking forward to tomorrow. As a successful business owner in Saota Ana for over a quarter of a century, during which I was a member of the Chamber of Commerce beginning in the 1940's, I ask the commission and council members to give their full support to One Broadway Plaza. Sincerely, ~<K~ James L. Matheny , . 75F-101 , o~/~o¡~oo~ l;:~O F.U c1t 1 bank ¡¡¡¡oo~ '. \. F~bnu!IY 20.2004 Mayor Pulido Santa. Ana. City Council 20 Civic Center Pta:za . Santa Ana, CA 92702 RE: ONE BROADWAY PLAZA This letter is in support ofllie One Broadway Plaza Project. A3 a resident of this County, I applaud the efforts of Caribou IndUStries for their commitment to the community of Santa. Ana. The development of One Broadway Plaza is an exciting vision and we must all work together to see it happen. ~ the years have passed;'Santa Ana has bad tremendous growth and vitality. It is my belief that such a. project would add to this road of many opportunities for many Santa. Ana residents. I ask that you please cODSider fuJal approval so that Santa Ana can continue to flourish. Cu=ntly, I am in a. position. which calls for my participation with many local agencies and organizations. I see great potentia! for a.Il involved and look to your leadership t¡l assi.>t ,¡S in becoming one ofth.e States most atlractive County and City. In closing, please feel fi:ec: to call me at (714) 493-3262 if you should have any questions. ~iDJ: ely, 1!f¿711tl C~ na. Maa.e Orange County Resident . Community Volunteer -.. :\ 75F.102 May 07,2004 Mr. David Ream City of Santa Ana 20 Civic Center Plaza ~11 1 2 z, f\\ 'G4 ~ ' \ elL " :,b-I{ÍÀ~~Þ. e\ì'\' Or PO Box 1988 Santa Ana, California Dear Mr. Ream, I am a resident of Historic French Park. I want to alert you that the Historic French Park Association, Inc does not represent all the residents and homeowners of French Park. Historic French Park Association. Inc is a membership group and a non-profit mutual benefit corporation, within the boundaries of Historic French Park. On 5/5/04, I attended a meeting for the Historic French Park Association, Inc. At that meeting a decision was made to send a letter against the One Broadway Plaza Project and to donate $10,000.00 to Santa Ana Historic Preservation Society for an effort to oppose One Broadway Plaza. A mediator who represented himself as a Deputy City Attorney, Mr. Mark Savieaney, forced through the decision. Mr. Savieaney appears to be a friend of members of the Broadway Bulldogs. Also, Mr. Savieaney was unfamiliar with the Associations bylaws and objectives. Furthermore, the board members who voted for our Association to send a letter against the project and to donate $10,000.00 of the Association's funds to oppose the project stated thaI they were members and affiliates of the Broadway Bulldogs and Santa Ana Historic Preservation Society. These board members are, Debbie McEwen, Jeff Dickman, Ann Dickman, Steven Cate, Louise Pass, Barry Jensen and Paul Giles. The meeting held on 5/5/04 was not noticed to all the members or neighbors. Furthermore, it was not noticed that a vote for donating $10,000.00 of Association funds would be made. Therefore, the meeting did not represent our neighborhood or our membership. I believe that these are important facts that need to be known and I feel that these board members Debbie McEwen, Jeff Dickman, Ann Dickman, Steven Cate, Louise Pass, Barry Jensen and Paul Giles of Historic French Park Association, Inc acted grossly neglect. In Historic French Park, many residences and myself are in favor of and support the One Broadway Project. &?~d?~ PatfÍcia Bustamante 819 N. Spurgeon Street Santa Ana, CA 92701 (714) 836-5003 CC: Mayor Miguel Pulido Santa Ana City Council Santa Ana Planning Commission Regan Candelario, City of Santa Ana Neighborhood Development 75F-103 ~-,~ . <,) L ¡ ",i: March 8, 2004' " ' , ", "',,i.. Santa Ana City Council 20 Civic Center Plaza Santa Ana, California 92702 RE: One Broadway Plaza Honorable Mayor and Council Members; As a resident of Santa Ana I want to express my support for the proposed One Broadway Plaza project. Santa Ana needs this project; it will create thousands of good- paying jobs for Santa Ana residents both during and after construction. One Broadway Plaza, by encouraging professional offices to relocate their headquarters to our downtown, will help revitalize the DowntownlMidtown areas. The developer has produced a well-designed plan that incorporates Santa Ana's historic past with the needs of its current residents, including spacious plazas and gathering areas. I encourage the council to move this project forward so we can regain the pride and respect that Santa Ana, as the Capitol City of Orange County, deserves. Thank you for this opportunity to share my enthusiasm for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. Sincerely, .(Joy ~ , ç r::'"'rr -c. "Yl:/ 75F-104 President Charlie Miller Executive Vice President John W. Welien Senior Vice President John Jackson Director, Safety & Injury Compensation William Heintz Director, City Delivery Kirk Baiz Executive Secretary. Health Benefits Representative Bonnie Uppincott Treasurer Barbara Stickler First Vice President Kevin McMillan Second Vice President David de la 0 Third Vice President James Henry Fourth Vice President Chris Jackson ...., " NALC a~ 1100 National Association of Letter Carriers March 12, 2004 Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92703 Re: One BrõâdWayPlaza:. Honorable Mayor and Council Members As a representative of many Letter Carrier who live and family members work in Santa Ana, we are very excited to hear about the proposed One Broadway Plaza project. We believe that this project is essential for the city in many ways. Not only will One Broadway Plaza be an Icon Landmark for the city, but also will provide economic growth, which is desperately needed, for future success of Santa Ana. One Broadway Plaza will give the City of Santa Ana the recognition as a cultural hub for Orange County. This project will change the outside perception of Santa Ana and gain the pride and respect as the Capital City of Orange County, cncouraging professional offices to relocate their headquarters to our downtown. One Broadway Plaza urban setting and location is ideal for the City of Santa Ana. So many times, developers build on the outside edges of thc city, which kills our downtown areas. Having a Class A office building in the heart of Santa Ana will bring back life to the Downtown/Midtown areas. I appreciate the attention the developer has given in successfully weaving the historic past of Santa Ana with the future, providing urban plazas and gathering areas for residents. We are 100% supportive ofthis project and encourage 100% support for the future success of the city from the council. Thank you for the opportunity to share my excitement for One Broadway Plaza and the exciting growth ahead for the City of Santa Ana. SincerelY, ,/ /./.7~/J/'/~ / //'/.//~. <;/ 0",'I/Ú'~L- / Charlie Miller President Branch I 100 NALC, AFL-CIO ~ 13252 Garden Grove Bivd. Suite 100. Garden Grove. CA 92843-2204 (714)748-11 00 FAX (714)750-2365 http://www.nolcbronch1100.org '"75F ... n~ ~. . -IV,", June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re.opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closinl! Tenth Street is necessary to Droted the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown from 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15, 2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. Regards, F1wtf 75F-106 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety of OCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closin!! Tenth Street is necessary to protect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact. OCHSA has grown from 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OeSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. VâÌMU4~JJ¡~ The parent of an OCHSA student 75F-107 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a smdent at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the smdents attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (1) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closin1! Tenth Street is necessary to protect the students. AU three ofthose factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect smdents. In fact, OCHSA has grown from 800 to 1,300 smdimts since the time of that resolution. The risk now is even greater than it WaS in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA smdents, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. /;¡ards, ~~L-0 The parent of an OCHSA smdent 75F-108 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members ofthe City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closinl! Tenth Street is necessary to Drotect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown from 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer ofthe project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students. Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. T/ktJWL The parent of an OCHSA student 75F-109 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street betWeen Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each daý. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide aCcess to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closinl! Tenth Street is necessarv to protect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown from 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. The parent of an OCHSA student 75F-110 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary. to protect the smdents attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) ClosiDl! Tenth Street is necessary to protect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact. OCHSA has grown ITom 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount of time or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. :q~d The parent of an OCHSA student 75F-111 June 2004 Mayor Miguel Pulido and members of the Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido and members of the City Council; I understand that on Tuesday, July 6, 2004 the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in Resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: (I) Tenth Street is not necessary to provide access to abutting property; (2) Tenth Street divides the OCHSA campus; and (3) Closinl! Tenth Street is necessary to orotect the students. All three of those factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown ITOm 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15,2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all of the parent's concerns that opening Tenth Street would create a potentially dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part of the project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part of the project. No amount oftime or money is worth risking the life of a single child. Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. ::¡: r6:tf/ b0(G'-eU€- <M.cs ( Regards, !J ¡tU¡( 1§-~ The parent of an OCHSA student 75F-112 Page 1 of 1 Ousley, Mardy From: Randi Iggulden [cyberwife@sbcglobal.net] Wednesday, July 07, 2004 4:10PM Bist, Lisa; Garcia, Mike; Solorio, Jose; Christy, Alberta; Franklin, Brett; Alvarez, Claudia; Pulido, Miguel Subject: More comments about OBP. Sent: To: Another comment on OBP ftom Floral Park Neighborhood Message Board: I will admit that it sounds like the city is really lacking in the inftastructUre planning on this project--at least from what I am seeing discussed here on the board. I am very much in favor of the building, but I think that they need to be more diligent in the actual urban planning. There is no such thing as insunnountable traffic problems. There are many creative ways to make the traffic less of a problem. Just like the ideas of the pedestrian bridges (of course they would need to be ADA, I had no intention of implying that they wouldn't be) --almost everything is possible with planning, time, and MONEY. If the developers really want to pull this off, the city has to put down some rules and tell the developer that we as a city have some needs that must be met in exchange for your big project(this includes OUR little traffic speed bumps! :)). And if these things are done before the construction of the building, it is much more fair for those of us who do live in the inner city. If the traffic, trash, transportation, etc. are done after the building is up, it is pretty miserable. It just takes urban planning. If they do this right it will be a great start to the revitalization of our city. We cannot keep growing out--our sprawl is already sprawled! We now need to go up in density. We do live in the city and it seems selfish to basically say, "ok, I am here, now we are closing the growth off so that it stays just like this forever." We, in Floral Park have done our best and continue to defend the wonderful oasis we have here in the middle of the city. I don't see that changing for a long long time-if ever. But the reality is that we do live in the city-owe do have traffic problems, we do have crime, we do have areas right next door to our oasis that are not that great. We aren't out in Coto De Caza or some other bedroom community where no one knows their neighbor, because they get home ftom work at 10 PM. We will feel the growing pains that cities go through, that is part of city life. The population is growing and there is no way to avoid that. I think that the tax monies that the new businesses bring into our city are also going to be necessary to maintain the services for the ever growing population. We as homeowners certainly cannot pay for the services that will continue to grow--especially with prop 13 in place. And I don't think any of us want that to go away! These kinds ofprojects--OBP and centerline are BIG pictUre kinds of projects that take many many years to complete and more years for the actUal benefits to be evident. The process can be painful, but the needs that will be met for our future population is worthwhile. Portland, Oregon is such a wonderful living study of this idea. They put in growth boundaries and forced the density and businesses to increase in the downtown area. Now 35 years later, the defunct run down downtown is booming. If anyone is interested in really getting into the meat of this idea, read up on Portland and their urban planning. How many blocks is the nearest centerline stop ftom OBP? I was figuring about 6-8 blocks--is that about right? Maybe if people would walk those 6-8 blocks briskly every morning and afternoon, we could start to deal with another problem in this country--obesity! In DC and New York people walk everywhere--they don't even own cars (and they have horrible weather to deal with). We should be pleased to get out in our mild climate, walk, and make a little eye contact with passers by. Driving up and parking in ftont of the building is just not a possibility in the city, that is why blocking off more streets and creating walking streets is another important part of the urban planning. That is why I love to go down to 2nd street and hang out. Walking streets are so friendly and inspire conversations with those you are walking with. If you haven't sat on a bench down there lately--or ever, you must try it. Sit and watch people or read a book. Enjoy the city where you live! As you can see I keep emphasizing the planning. I will send this off to the council members....ARE YOU LISTENING- MAKE SURE YOU HAVE A PLAN!!! Randi Iggulden 2461 Riverside Drive Santa Ana, CA 92706 7/8/2004 75F-113 July 1, 2004 City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988-M30 Santa Ana, CA 92702 To Whom It May Concern, I understand that on Tuesday, July 6,2004, the Santa Ana City Council will vote on the proposed One Broadway Plaza. I also understand that construction of this 37-story structure provides for the re-opening of Tenth Street between Main Street and Sycamore and this street would be subject to use by many cars each day. My child is a student at Orange County High School of the Arts (OCHSA) and must cross that section of Tenth Street several times a day. I am writing to express my concern for the safety ofOCHSA students if Tenth Street is re-opened and to ask that you instead move to abandon Tenth Street to OCHSA. As the council noted in resolution Number 2000-059, the closure of Tenth Street is necessary to protect the students attending OCHSA. This resolution was passed when fewer cars used Tenth Street each day. Opening Tenth Street, with no more protection for students than a crosswalk, endangers more than 1,300 OCHSA students, including my child. In resolution 2000-059, you found: 1: Tenth Street is not necessary to provide access to abutting property; 2: Tenth Street divides the OCHSA campus; and 3: Closinl! Tenth Street is necessary to protect the students. All three ofthose factors remain true today. Tenth Street is not necessary to provide access to the abutting property, even with the proposed One Broadway Plaza project. It is merely a convenience for the project and access is available on other streets. Tenth Street still divides the school and closing Tenth Street remains necessary to protect students. In fact, OCHSA has grown from 800 to 1,300 students since the time of that resolution. The risk now is even greater than it was in 2000. It is clear that OCHSA is succeeding and is here to stay. Therefore, the City should not only leave Tenth Street closed, the street should be abandoned so that the school can use it for much needed open space. This should be done regardless of whether the project is approved or rejected. At a meeting with OCHSA parents on June 15, 2004, Mr. Michael Harrah, the developer of the project, stated that student safety has always been a high priority. Mr. Harrah believes that opening Tenth Street is not essential to the One Broadway Plaza project. He agreed that leaving Tenth Street closed should be reviewed very closely. After listening to all ofthe parent's concerns that opening Tenth Street would create a potentially 75F-114 dangerous situation for OCHSA students, Mr. Harrah promised to contact the City and request the abandonment of Tenth Street to OCSHA, rather than reopening Tenth Street as part ofthe project. I am writing to request that you support this request and make the abandonment of Tenth Street to OCHSA a staff priority and a required part ofthe project. NO AMOUNT OF TIME OR MONEY IS WORTH RISKING THE LIFE A SINGLE CHILD! Please support the parent's and developer's request in reviewing the abandonment of Tenth Street and keep our children safe. Please ensure that this letter is forwarded to the persons within the City necessary to address this issue. Regards, Yousefand Judy Shafiee Y/~¿;Þf ¿~' The parents of an OCHSA student. 75F-115 Page 1 of 1 Thomas, Jeannette From: Randi Iggulden [cyberwife@sbcglobal.net] Tuesday, July 06, 2004 3:32 PM Bist, Lisa; Garcia, Mike; Solorio, Jose; achirsty@ci.santa-ana.ca.us; Franklin, Brett; Alvarez, Claudia; Pulido, Miguel Subject: A Vote in Favor of the "Big Building"--with PROPER Planning!!! Sent: To: Council Members--this is the message I mailed to my neighbors in Floral Park. I somehow knew that when I said I was in support of the "big building" that I would not find a big group of others who would take my stance. Here are some of the points that I have considered. 1. I will clarify that I am in support of the building as long as they have done the homework on how to address the traffic issues--as well as, parking, garbage, water, sewer, and all basic infastructure issues. I have not been to the meetings, so I cannot speak as to the extent of the research and plans that have been laid out in this HUGE and important area ofinfastructure. 2. I think that growing our downtown area is exciting and in the long run will really make a change for the better. We need people living, working, and playing in our down town. I guess I am a city gal at heart! The lofts are awesome and there are many more planned for over at the train depot area. Ifthese same people who can afford to purchase these lofts can also work downtown, shop downtown, go to cultural events downtown and have their kids go to the schools downtown---all without using their cars, we will then have acheived something great! Which leads to my next point... 3. Centerline will really bring this all together. From the Centerline maps I have seen, it looks like the traffic could be greatly reduced if the workers at the new building will take the train into the downtown area. Mind you, we need to see some parking garages somewhere (most likely down by JW A, so that people can park and then ride, if they are commuting from other locales). I look forward to my kids going to Mater Dei on the centerline, instead of me driving my car. I am so glad that I won't have to park my car at the airport when I go on trips. I am trying to figure out if! can actually ride it to work too. Having lived in Washington DC and used the subway for all my transportation needs, I see that the way we will free up traffic in Santa Ana, is to make it a downtown that is based on public transportation. And for those who insist on driving their cars they may find that if traffic is bad enough they will finally see the value to the centerline. I have been around the centerline type system up in Portland, and it is quiet and pollution free. I think many people think of it as a real "Train", one that is noisy and intrusive. It is not like that at all! I personally welcome getting more cars off the roads, less pollution, less noise, and less use of gasoline. When other cities see what good public transportation can do I would hope they would join into the centerline network and have it work for their cities too. Yah, I know it's another topic--but it really is paramount to making the downtown less congested. 4. As far as the safety of the children... it would be very easy to put in pedestrian bridges over the streets that the kids need to cross in order to catch buses, the centerline, go to other buildings, etc. Children in large cities-- New York, DC, Philadelphia, and the likes have been going to inner city schools (both public and private) for many many years. There are ways of maintaining safety and also promoting the excitement of being in the city- -being in a creative place full of vitality, culture, movement, color, and sounds. I think that these things are part of the vision of both OC High School of the Arts and EI Sol. I don't see the real conflict of the Broadway Plaza Building and educating our children. If the city does this right and requires the developers to help do this rig}- the entire area can be a really neat and SAFE place to live, work, educate, and play. OK, I have made my point. Thanks for listening. :) 7/7/2004 75F-116 Page 1 of2 Thomas, Jeannette From: Randi Iggulden [cyberwife@sbcglobal.net] Sent: Tuesday, July 06, 2004 3:38 PM To: Bist, Lisa; Garcia, Mike; Solorio, Jose; Christy, Alberta; Franklin, Brett; Alvarez, Claudia; Pulido, Miguel Subject: A Vote in Favor-with PROPER planning was sent by Randi Iggulden PS-- I forgot to sign my name-- Randi Iggulden 2461 Riverside Dr. Santa Ana, CA 92706 Here is my letter again, now that I identified myself... :) Council Members--this is the message I mailed to my neighbors in Floral Park. I somehow knew that when I said I was in support of the "big building" that I would not find a big group of others who would take my stance. Here are some of the points that I have considered. 1. I will clarify that I am in support of the building as long as they have done the homework on how to address the traffic issues--as well as, parking, garbage, water, sewer, and all basic infastructure issues. I have not been to the meetings, so I cannot speak as to the extent of the research and plans that have been laid out in this HUGE and important area of in fa structure. 2. I think that growing our downtown area is exciting and in the long run will really make a change for the better. We need people living, working, and playing in our down town. I guess I am a city gal at heart! The lofts are awesome and there are many more planned for over at the train depot area. If these same people who can afford to purchase these lofts can also work downtown, shop downtown, go to cultural events downtown and have their kids go to the schools downtown---all without using their cars, we will then have acheived something great! Which leads to my next point... 3. Centerline will really bring this all together. From the Centerline maps I have seen, it looks like the traffic could be greatly reduced if the workers at the new building will take the train into the downtown area. Mind you, we need to see some parking garages somewhere (most likely down by JW A, so that people can park and then ride, ifthey are commuting from other locales). I look forward to my kids going to Mater Dei on the centerline, instead of me driving my car. I am so glad that I won't have to park my car at the airport when I go on trips. I am trying to figure out in can actually ride it to work too. Having lived in Washington DC and used the subway for all my transportation needs, I see that the way we will free up traffic in Santa Ana, is to make it a downtown that is based on public transportation. And for those who insist on driving their cars they may find that if traffic is bad enough they will finally see the value to the centerline. I have been around the centerline type system up in Portland, and it is quiet and pollution free. I think many people think ofit as a real "Train", one that is noisy and intrusive. It is not like that at all! I personally welcome getting more cars off the roads, less pollution, less noise, and less use of gasoline. When other cities see what good public transportation can do I would hope they would join into the centerline network and have it work for their cities too. Yah, I know it's another topic--but it really is paramount to making the downtown less congested. 4. As far as the safety of the children... it would be very easy to put in pedestrian bridges over the streets that the kids need to cross in order to catch buses, the centerline, go to other buildings, etc. Children in large cities-- New York, DC, Philadelphia, and the likes have been going to inner city schools (both public and private) for many many years. There are ways of maintaining safety and also promoting the excitement of being in the city- 75F-117 7/7/2004 Page 2 of2 -being in a creative place full of vitality, culture, movement, color, and sounds. I think that these things are part of the vision of both OC High School of the Arts and EI Sol. I don't see the real conflict of the Broadway Pli' Building and educating our children. If the city does this right and requires the developers to help do this rib the entire area can be a really neat and SAFE place to live, work, educate, and play. OK, I have made my point. Thanks for listening. :) 7/7/2004 75F-118 7-06-2004 3:41PM FROM KAUFMAN " KAUFMAN SA P.l July b, 2004 City of Santa Ana, Miguel A. Pulido, Mayor Santa Ana City Council 20 Civic Center Pl~2a Santa Ana, CA 92701 VIA 9ACsrMXLE ONLY TO: (714) 647-6~$4 Re: On~ ~roadway ~laza Honorable. Mayor Pulido, and City Council members Bist, Garcia, Franklin, Christy, Solorio, and Alvdrez: A$ owners of property One block from the proposed construction of one Broadway Plaza, please accept this letter as our support for .this important step in the rev1talization of Downtown Santa Ana. We advocate that the City Council take available to encourage this project. Cordi a.Áy , }J1. ' /)!l . L~iq Kei h Kaufman, M~n9.g~r MI Properties, LLÇ whatever action that is J:Þ)/!L..n,.t1:.~ Manager Manager Kt Properties, LLC MI Properties, LLC 1001 Nonh Ross Srr~ CA 92701-33/5 Christensen. An~i From: Sent: To: bbeach@ocsd.org Wednesday, July 07, 2004 11 :58 AM Pulido, Miguel; Garcia, Mike; Franklin, Brett; Bist, Lisa; Christy, Alberta; jsolorio@cLsanta- ana. us; Alvarez, Claudia Mayor Pulido and Council Members, As a resident of Santa Ana, I am not in favor of the 37 story building project. It is contrary to all existing building guidelines established by the city. It is contrary to studies (water, electrical power, project. done by the city with respect to the necessary infrastructures sewage, and traffic) necessary to support such an aggressive It is contrary to the majority of the citizens of Santa Ana, especially those in close proximity of the project. It is contrary to existing building codes and guidelines, city. The changing of these codes to suit the desires of should not be allowed. created as a master plan for the the developer is criminal and It is evident that the majority of the supporters labor organizations that will financially benefit citizens with a white elephant - that none of the of this project are union members or from this project - then leave the citizens wanted.. It is evident, that our mayor, and most the developer for personal or political approving this project or should have. members of the city council have taken money from gain and have either reclused themselves from I am disappointed that the pOliticians of this city have put themselves in this position. I am extremely disappointed in the personal integrity of our city leaders, that they no longer serve the people who supported them and elected them to office and have put personal gain at a the forefront. I believe that the citizens of Santa Ana will no longer tolerate nor support such individuals in future elections. I know I won't if t I am glad to see that Councilmember Christy does not support this project as it is not good for her and my city. Barton A. Beach 2018 Greenleaf Barton A. Beach 1 75F-120 Ousley, Mardy Joe and Kim Gerda [paynegerda@yahoo.com] Wednesday, July 07,20044:59 PM Christy, Alberta; Alvarez, Claudia; Sist, Lisa; Garcia, Mike; Solorio, Jose City Council - please broadcast July 19 meeting Dear City council members, As the hearing on the One Broadway Plaza Project has been postponed until July 19, 2004 in the city council chambers, I am requesting meeting be televised on channel 3 for the benefit of Santa Ana residents. that this Residents from allover Santa Ana have expressed concerns about this project and OCHSA parents als safety for students at OCHSA. For these reasons, Council meeting to be broadcasted. deep have expressed deep concerns about it would be appropriate for this City Kim Payne Gerda 2215 N. Ross St., 667-1994 Santa Ana, CA 92706 1 75F-121 July 19,2004 City Council Meeting--Request for Televised Coverage Page 1 of 1 Ousley, Mardy From: Humphreys,Julie [Julie.Humphreys@cna.com] Sent: Wednesday, July 07, 2004 2:32 PM To: Christy, Alberta; Alvarez, Claudia; Bist, Lisa; Garcia, Mike; Solorio, Jose Cc: Joe and Kim Gerda Subject: July 19, 2004 City Council Meeting--Request for Televised Coverage Inasmuch as the hearing on the One Broadway Plaza Project has been postponed until July 19, 2004 in the city council chambers, I am requesting that this meeting be televised for the benefit of Santa Ana residents. Julie Humphreys 2112 N. Ross St., Santa Ana, CA 92706 (714) 541-3452 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged infonnation. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 7/8/2004 75F-122 75F-123 75F-124