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Home My WebLink About FULL PACKET_2005-02-22 ORDINANCE NO. NS-2675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 419 SOUTH NEWHOPE STREET FROM TWO-FAMILY RESIDENCE (R2) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2004-05) 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. Amendment Application No. 2002-05 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 419 South Newhope Street from Two-Family Residence (R2) to Single- Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 24, 2005, on Amendment Application No. 2004- 05 and Tentative Tract Map No. 2004-07 and determined by a vote of 6:0 (Leo absent) that Amendment Application No. 2004-05 is consistent with the General Plan. Specifically, Goal 2 of the Housing Element which states to "maintain, preserve and revitalize residential neighborhoods and support quality housing for all economic groups within the community" and additionally the proposed Single-Family Residence (R1) zoning district will be consistent with the General Plan land use designation, Low-Medium Density Residential at eleven dwelling units per acre (LMR11). C. Amendment Application No. 2004-05 and Tentative Tract Map No. 2004-07 came before the City Council for a duly noticed public hearing on February 7,2005, and at that time considered all testimony, written and oral. D. Amendment Application No. 2004-05 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, convenience, and general welfare. Section 2. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. This project is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-191 will be filed for this project Ordinance No. NS-2675 Page 1 of 3 11 A-1 Section 3. The real property located at 419 South Newhope Street is hereby reclassified from Two-Family Residence (R2) to Single-Family Residence (R1). Amended Sectional District Map number 16-5-10, 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. Section 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee D. Odette Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-2677 Page 2 of 3 11 A-2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2675 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-2675 Page 3 of 3 11A-3 11A-4 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT MINUTES September 15, 2004 CALL TO ORDER The meeting convened at 5:45 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Councilmember Jose Solorio and Council member Claudia Alvarez. Staff members present: Community Development Agency Executive Director Patricia C. Whitaker, Chief Assistant City Attorney Benjamin Kaufman, Associate Planner Bob St. Paul, Community Preservation Inspector Alvaro Nunez, Redevelopment Assistant Danell Mercado Community members present: None AGENDA ITEMS 1. APPROVAL OF MINUTES - August 31,2004 Action: The minutes were approved 2:0 2. PROPOSED CODE ENFORCEMENT ACTIONS Violations have been given to several businesses on South Main for un-permitted signs. Once notified by Alvaro, AutoZone removed their un-permitted signs. Violations were also give to businesses on 4th Street for portable signs and merchandise outside their stores. 3. 6 LOT SUBDIVISION MAIN/MCFADDEN A final offer has been made to the Orange/Mcfadden site. The Housing Division is ready to market the site for a potential of 7 new homes with the success of the offer on the last parcel. The homes will be 2 stories, 2200 square feet and will depict the different styles of homes in the surrounding neighborhoods. An RFP will be done to solicit proposal to build out the project. 138-1 4. PROJECT UPDATES a) SWC First and Main Streets - Oriqinal Mike's - A 30-day temporary Certificate of Occupancy for the downstairs space was issued prior to the September 3rd opening. Caribou is completing the PWA and Planning requirements to obtain a final Certificate of Occupancy. The sign variance will be going to the Planning Commission on September 27. Caribou will be appealing the landscape set back requirements at the September 27 Planning Commission meeting as well. b) City Place - Going to the Planning Commission in the end of October. c) YMCA- The two developers are completing the pro formas for their projects. Staff has obtained Keyser Marston Associates, Inc. to complete an economic viability study of both proposals. The study will be brought back to the committee when finished. d) Court of Appeals - There is continuing discussions to secure the Santa Ana site. e) 4th Street Pushcart Status- No formal report made. Postponed to November meeting. f) Sav-On Lofts - The lofts are not completed. g) Sycamore Garaqe Landscapinq - The parking lot improvements have not been completed to date. The monthly parking fee is still being held until improvements are completed. 5. PUBLIC COMMENTS - None City Council Committee on Main Street Development ~ Minutes 2 September 15, 2004 138-2 6. COMMITTEE MEMBER COMMENTS - Jose Solario asked about the status of occupancy for the Spurgeon Building. Staff will investigate and report to Committee in two months. The Planning Commission unanimously granted the Martini Bar a various to have a bar. The Zoning Administrator issued a Conditional Use Permit for alcohol. The Planning Commission will consider final approval on September 2ih. The Zoning Administrator approved a Conditional Use Permit for alcohol at the 801 N Main building for restaurant use. 7. ITEMS FOR FUTURE MEETINGS a. Downtown BID update b. No meeting in October 8. NEXT MEETING - November 17,2004 ADJOURNMENT - The meeting was adjourned at 6:30 p.m. to November 17, 2004. cQettJN Patricia C. Whitaker Recording Secretary Community Development Agency PCW /If City Council Committee on Main Street Development"- Minutes 3 September 15, 2004 138-3 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting November 8, 2004 CALL TO ORDER The meeting was convened at 6:00 p.m. in City Hall, 20 Civic Center Plaza, 8th Floor, Room 831, Santa Ana, California. ATTENDANCE Councilmembers present: Councilmembers Alberta Christy, Claudia Alvarez. Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia, Fire Marshal Lori Smith, and Police Lieutenants David Valentin and Sill Tegeler. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the September 13, 2004 meeting. 2. FIREWORKS ORDINANCE REVIEW UPDATE Fire Chief Garcia and Fire Marshal Smith reviewed the committee concerns and draft Ordinance regarding changes that would impose an 80 percent residency requirement on fireworks booth applicants. After discussion, the committee recommended that the Ordinance be changed to the 80 percent residency requirement and be presented to the City Council prior to the next fireworks application period. 3. HARBOR BOULEVARD ENFORCEMENT Lt. Valentin reviewed a power point presentation on the problems on Harbor Blvd. regarding prostitution activity and the Police Department's strategic plan of action to address this illicit activity that is impacting residential and business communities. The presentation reviewed the historical response of enforcement, a sampling of complaints in the area and the enforcement program entitled "Operation Cleanup" that began October 1, 2004 and yielded 143 arrests, using 3,000 man hours. 138-4 2 He also presented a recommendation to the Committee of a proposed Ordinance that would establish a Municipal Code to allow the seizure of vehicles that were used to solicit prostitution activity. The Committee was in agreement with the recommendation and requested that the proposed Ordinance be presented to the City Council in December. 4. TRUANCY ISSUE Lt. Tegeler reviewed the Orange County Truancy Program that was created by the Juvenile Justice Crime Prevention Act of 2000 to curb crime and delinquency among at-risk youth and young offenders. The Police Department is working with Juvenile Probation officers to reduce truancy, which should ultimately reduce criminal activity associated with truancy. 5. PUBLIC COMMENTS No Public Comments 6. COMMITTEE MEMBER COMMENTS No Committee Member comments. 7. ITEMS FOR NEXT MEETING A. Fireworks Information B. Impact of Proposition 69 (DNA) C. Truancy Update 8. NEXT MEETING DATE - Monday, March 14,2005,6:00 PM, City Hall, 8th floor conference room, 20 Civic Center Plaza, Santa Ana, California. ~d..I01JRNMENT-- .30 PM ~~G\' ~ PAUL M. WALTERS Chief of Police 138-5 138-6 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For UNITED STATES CONFERENCE OF MAYORS DUES ~(?- CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City of Santa Ana's membership with the United States Conference of Mayors in the amount of $16,025. DISCUSSION The U.S. Conference of Mayors represents the interests of municipal leadership throughout the United States. The U.S. Conference of Mayors monitors federal issues, initiates programs to support the services and activities of local government, and sponsors training seminars and conferences to educate mayors on legislative and policy matters of interest. The membership dues are determined on a per capita basis, and the dues for calendar year 2005 are $16,025. FISCAL IMPACT Funds for this membership are available in the City Manager's Office, Legislative Affairs, Other Agency Services account (account no. 11-011- 6251) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~L-i~ ~~~ ~ Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-1 19C-2 CITY COUNCIL MEETING DATE: 1m ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For LEAGUE OF CALIFORNIA CITIES ANNUAL DUES r/ r2J?Ja CITY MANAGER CONTINUED TO --- FILE NUMBER RECOMMENDED ACTION Authorize the City of Santa Ana's membership with the League of California Cities in the amount of $49,168. DISCUSSION The League of California Cities represents the interests of cities throughout California. The League monitors state legislative issues and sponsors training seminars and conferences to educate council members and staff on legislative and policy matters of interest. In 2004, the League successfully sponsored Proposition lA, securing constitutional protection of local revenue sources. The membership dues are determined on a per capita basis, and the dues for calendar year 2005 are $49,168. FISCAL IMPACT Funds are available in the City Manager's Office, Legislative Affairs, Other Agency Services account (account no. 11-011-6251). APPROVED AS TO FUNDS AND ACCOUNTS: 4.t\~~1' l.. ~.) Francisco Gutierrez Executive Director Finance & Management %~~ -y Services Agency 190-1 190-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For APPROPRIATION ADJUSTMENT RECOGNIZING RECREATION GIFTS AND DONATIONS ~f)r2---/ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $141,421 in Recreation Special Fees and Donations revenue account (account no. 022-01-5798) and appropriate funds to Recreation Special Fees and Donations expenditure accounts (account no. 022-231-various). DISCUSSION This fiscal year, the Parks, Recreation and Community Services Agency has received $55,016 in donations to fund special events, programs and projects that benefit the residents of Santa Ana. This amount includes $9,450 received through the Employee Chari table Contributions program for the Children's Winter Holiday Party, Santa Ana Seniors and the Santa Ana Zoo at Prentice Park. Donations were received from various corporate and private entities to fund specific programs including the annual Mother's Day Celebration, player development and youth programs. Special recognition of appreciation for donations occurs in various manners depending on the amount, the purpose of the donation, and the wishes of the donor. In addition, the Parks, Recreation and Community Services Agency received $86,405 in donations in FY 2003-04 that will be recognized and appropriated to enhance agency programs and services. 20A-1 Appropriation Adjustment Recognizing Recreation Gifts and Donations February 22, 2005 Page 2 FISCAL IMPACT This appropriation adjustment will recognize $141,421 in Recreation Special Fees and Donations revenue account (account no. 022-01-5798) and appropriate funds to Recreation Special Fees and Donations expenditure accounts (account nos. 022-231-various) APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Executive Directpr Parks, Recreatiqn and Community Serviqes Agency \ \ ~~~~~;~~ ~~-" Franclsco Gutlerrez Executive Director Finance & Management Svcs. Agency fJ/ 20A-2 REQUEST FOR COUNCIL ACTION 1m ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For MEASURE M COMBINED TRANSPORTATION FUNDING PROGRAMS - GRANT APPLICATIONS V' / / I .' / '/7.- ~// /1 / ,./-7 [,,----'!<-\. -<f-- ,./j .'Je t '--' CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under the Combined Transportation Funding Programs. 2. Direct staff to amend the seven-year Capital Improvement Program to incorporate the Combined Transportation Funding Programs projects list. DISCUSSION The Orange County Transportation Authority (aCTA) has issued a five-year call for proj ects under the Measure M Combined Transportation Funding Programs (CTFP) for FY 05/06 through FY 09/10. The CTFP programs designated for funding are: Regional Interchange Program (RIP) , Intersection Improvement Program (lIP), Signal Improvement Program (SIP), Transportation Demand Management (TDM), Master Plan of Arterial Highways (MPAH) Improvements and Growth Management Area (GMA). Additionally, Arterial Highway Rehabilitation Program (AHRP) call for projects was issued for fiscal years 05/06 and 06/07. The City of Santa Ana has submitted 105 applications totaling $65.2 million in grant fund requests. The City will utilize future Measure M turnback and gas tax funds to provide the required matching funds for the subject requested projects. Staff is requesting authorization for the following proj ects, listed by funding program and fiscal year(s) : 21A-1 Measure M Combined Transportation Funding Programs February 22, 2005 Page 2 RECOMMENDED PROJECTS Bristol, Memory Lane to NCL Broadway, First to Civic Center Civic Center, Fairview to Flower Edinger, Newhope to Euclid Edinger, Grand to Ritchey First, Santa Ana River to Bristol First, WCL to Euclid Flower, First to Edinger Flower, Seventeenth to Civic Center Fourth, I-5 to SR-55 Main, Columbine to Sunflower Main, NCL to 8th McFadden, Raitt to Bristol McFadden, 400' w/o Hathaway to ECL Santa Clara, Grand to Tustin Segerstrom, Flower to Bristol Seventeenth, Fairview to Bristol Standard, Warner to First Tustin, Seventeenth to NCL Warner, Otis to Raitt Alton/SR55 Overcrossing First Street Bridge Widening GMA #7 Administration Grand /Dyer Intersection Widening Seventeenth/Broadway Intersection Widening Grand/Dyer Intersection Widening Grand/First Intersection Widening Seventeenth/Broadway Intersection Widening First Street Widening and Gap Closure Grand Widening, Phase 1, First to Fourth Moulton (Edinger) Widening, Main to Ritchey Moulton (Edinger) Widening, Ritchey to Redhill Macarthur NB On-Ramp Improvements Macarthur SB On-Ramp Improvements Adaptive Downtown Traffic Signal System, Phase IV 21A-2 PROGRAM FY AHRP 06/07 AHRP 05/06 AHRP 05/06 AHRP 05/06 AHRP 05/06 AHRP 06/07 AHRP 06/07 AHRP 05/06 AHRP 05/06 AHRP 06/07 AHRP 06/07 AHRP 06/07 AHRP 05/06 AHRP 05/06 AHRP 05/06 AHRP 06/07 AHRP 06/07 AHRP 06/07 AHRP 06/07 AHRP 06/07 GMA 09/10 GMA 08/09 GMA 08/09 GMA 08/09 GMA 08/09 lIP 09/10 lIP 09/10 lIP 07/08 MPAH 07/08 MPAH 09/10 MPAH 09/10 MPAH 05/06 RIP 09/10 RIP 08/09 SIP 05/06 Measure M Combined Transportation Funding Programs February 22, 2005 Page 3 RECOMMENDED PROJECTS Fairview/Harbor Interconnect with Fountain Valley Detection & Transportation Information System Traffic Signal System Upgrade, Phase I Traffic Signal System Upgrade, Phase II Traffic Signal System Upgrade, Phase III Traffic Signal System Upgrade, Phase IV Traffic Signal System Upgrade, Phase V Traffic Signal System Upgrade, Phase VI Traffic Signal System Upgrade, Phase VII Traffic Signal System Upgrade, Phase VIII Flower Street Bike Trail Improvements PROGRAM FY SIP 08/09 SIP 08/09 SIP 09/10 SIP 09/10 SIP 09/10 SIP 09/10 SIP 09/10 SIP 09/10 SIP 09/10 SIP 09/10 TDM 05/06 To evaluate these funding proposals, aCTA requirements stipulate that the projects must be included in the seven-year City's Capital Improvement Program (CIP). Some of these proj ects are in various stages of the project development process and in these cases, because specific funding sources had not yet been determined, they were not included in the seven- year CIP. Therefore, in order to be considered for this CTFP grant funding cycle, it is necessary to amend the seven-year CIP to include these improvements. Given the need for these street improvements and the eligibility requirements defined by aCTA, staff recommends that the City Council adopt the resolution authorizing submittal of these project applications for funding consideration and direct staff to incorporate the projects into the seven-year CIP. The City anticipates a response to the grant funding request in May 2005 when the aCTA Board takes action on the call for projects. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 21A-3 Measure M Combined Transportation Funding Programs February 22, 2005 Page 4 FISCAL IMPACT The required matching funds on these projects will be provided in the year of expenditure. ~~;v,- James G. Ro s Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: 1<\~~~J.~ ~~-, Francisco Gutierrez Executive Director Finance & Mgmt. Services /'I 11~' Agency 21A-4 15502/14/05 RESOLUTION NO. 2005-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM 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. The City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will provide matching funds for each project as required by the Orange County Combined Transportation Funding Program Procedures Manual. E. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County. F. The City of Santa Ana will not use Measure M funds to supplant Developer Fees or other commitments. G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a supplement to their existing pavement management program. SECTION 2: The Executive Director of the Public Works Agency is authorized to submit projects for funding consideration under the Combined Transportation Funding Programs. Resolution No. 2005-000 Page 1 21A-5 SECTION 3: The City Council of the City of Santa Ana hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to said City from the Combined Transportation Funding Programs. Said funds shall be matched by City funds as required and shall be used as supplemental funding to aid the City in the improvement of the following streets: PROJECT Bristol, Memory Lane to NCL Broadway, First to Civic Center Civic Center, Fairview to Flower Edinger, Newhope to Euclid Edinger, Grand to Ritchey First, Santa Ana River to Bristol First, WCL to Euclid Flower, First to Edinger Flower, Seventeenth to Civic Center Fourth, 1-5 to SR-55 Main, Columbine to Sunflower Main, NCL to 8th McFadden, Raitt to Bristol McFadden, 400' w/o Hathaway to ECL Santa Clara, Grand to Tustin Segerstrom, Flower to Bristol Seventeenth, Fairview to Bristol Standard, Warner to First Tustin, Seventeenth to NCL Warner, Otis to Raitt Alton/SR550vercrossing First Street Bridge Widening GMA #7 Administration Grand/Dyer Intersection Widening Seventeenth/Broadway I ntersection Widening Grand/Dyer Intersection Widening Grand/First Intersection Widening Seventeenth/Broadway Intersection Widening First Street Widening and Gap Closure Grand Widening, Phase I, First to Fourth Moulton (Edinger) Widening, Main to Ritchey Moulton (Edinger) Widening, Ritchey to Redhill Macarthur NB On-Ramp Improvements Macarthur SB On-Ramp Improvements Adaptive Downtown Traffic Signal System, Phase IV Fairview/Harbor Interconnect with Fountain Valley Detection & Transportation Information System Resolution No. 2005-000 Page 2 21A-6 PROGRAM FY AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP GMA GMA GMA GMA GMA liP liP liP MPAH MPAH MPAH MPAH RIP RIP SIP SIP SIP 06/07 05/06 05/06 05/06 05/06 06/07 06/07 05/06 05/06 06/07 06/07 06/07 05/06 05/06 05/06 06/07 06/07 06/07 06//07 06/07 09/1 0 08/09 08/09 08/09 08/09 09/10 09/10 07/08 07/08 09/10 09/10 05/06 09/10 08/09 05/06 08/09 08/09 Traffic Signal System Upgrade, Phase I Traffic Signal System Upgrade, Phase II Traffic Signal System Upgrade, Phase III Traffic Signal System Upgrade, Phase IV Traffic Signal System Upgrade, Phase V Traffic Signal System Upgrade, Phase VI Traffic Signal System Upgrade, Phase VII Traffic Signal System Upgrade, Phase VIII Flower Street Bike Trail Improvements SIP SIP SIP SIP SIP SIP SIP SIP TDM 09/10 09/10 09/10 09/10 09/10 09/10 09/10 09/10 05/06 SECTION 4: This Resolution shall take effect immediately upon 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 ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2005-000 Page 3 21A-7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-021 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005-000 Page 4 Clerk of the Council City of Santa Ana 21A-8 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 APPROVED TITLE: 2005 URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~R CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the city Manager, Chief of Police and the Fire Chief to submit a grant application to the state of California, Office of Emergency Services for the fiscal year 2005 Urban Areas Security Initiative Grant funding program. DISCUSSION In 2003, the United States Department of Homeland Security, Office of Domestic Preparedness developed the Urban Areas Security Initiative Grant funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond, and recover from acts of terrorism. The grant specifically provides funding for anti-terror equipment, planning, training, exercises, and technical assistance. Designated urban area cities are required to apply for the grant through the State Office of Homeland Security. In 2004, the City of Santa Ana was selected as a Designated Urban Area City and is eligible for 2005 Funding through the Department of Homeland Securi ty UASI program funds. The City of Santa Ana Police and Fire Departments will continue to work with the County of Orange and cities within our Urban Area to determine current capabilities and needs, and to establish goals and obj ecti ves. The Santa Ana Urban Area will work in collaboration with the City of Anaheim and its Urban Area to develop complimentary implementation strategies for responding to acts of terrorism. Th~~l Paul M. Walters Chief of Police impact --~ associated~h t ,"- ( /' \ t1 I Iz:::::::' I PIlip Garc'a Fi\:'e qhief 218-1 i J FISCAL IMPACT 155:021005 RESOLUTION NO. 2005-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, THE CHIEF OF POLICE AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2005 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 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. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Urban Areas Security Initiative Grant Program (UASI). B. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to and recover from acts of terrorism. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager, the Chief of Police and the Fire Chief to submit a grant application to the California Office of Emergency Services, Office of Homeland Security for the fiscal year 2005 Urban Areas Security Initiative Grant funding program. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager, the Chief of Police and/or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 218-2 ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Council members NOES: 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 Resolution No. 2005-022 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 218-3 218-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR REMOVAL AND INSTALLATION OF CARPET (SPEC. NO. 04-108) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For tl;)J({?< CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Tile & Carpet Unlimited for removal and installation of carpet in four fire stations in an amount not to exceed $19,100. DISCUSSION The City of Santa Ana operates Department's Maintenance Section 10 fire stations, the Training including facility interiors. 10 fire stations citywide. The Fire is responsible for maintenance of all Division, and Administration offices The existing carpeting in four of the for eight years or more and exhibits action will provide for the removal and four stations. stations has not been replaced severe wear. The recommended replacement of carpeting in the Subsequently, Fire Department staff negotiated terms with Tile & Carpet Unlimi ted. The vendor's proposal meets the City's specifications and staff recommends approval. FI SCAL IMPACT Funds are account Fire Maintenance, Other Contractual Services 1-327-6621) . ...., APPROVED AS TO FUNDS AND ACCOUNTS: ":\~~~~L~ \\'~"-J Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency (tPMG/BP/O -108.3:1i 22A-1 CS 383 22A-2 REQUEST FOR COUNCIL A.CTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR GLOCK GUNS (SPEC. NO. 04-156) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For &' ad CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Pro force Marketing d/b/a Pro force Law Enforcement for the purchase of 30 Glock guns in the amount of $12,565.37. DISCUSSION The Santa Ana Police Department currently utilizes Glock-manufactured weapons as standard issue side arms to allow for standardization in training. The standardization also allows for ammunition magazine interchangeability between officers. The recommended action will allow for replenishment of inventory and for issuance of a new weapon to academy recruits. The notice inviting bids was advertised on January 5 and 7, bids were solicited. A summary of the bid invitations received is as follows: 2005, and and bids 6 Invitations For Bid mailed 4 Bids received Bids were received and opened on January 19, 2005 (Exhibit 1). The bid received from Proforce Marketing d/b/a Pro force Law Enforcement is responsive to the specifications and meet the Police Department's requirements. 228-1 C~ 383 Contract Award for Glock Guns (Spec. No. 04-156) February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Property and Facilities Operating Materials and Supplies account (account no. 11-327-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Qa.,(.~~ Paul M. Walters Chief of Police ~(\~~~~r., ~~:--n~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency PMW/TO/04-156.7:1i 228-2 ABSTRACT FOR BIDS - 04-156 GLOCK 21 AND 22 GUNS BIDDER: SUPPLY PROFORCE MARKETING dba PRO FORCE LAW ENFORCEMENT LC ACTION POLICE TERMS: LOC: NET 30 BREA, CA NET 30 SAN JOSE, CA GLOCK 21 GUN: $ 7,374.40 $ 7,380.00 GLOCK 22 GUN: $ 4,287.20 $ 4,290.00 SUBTOTAL: 7.75% TAX: $11,661.60 $ 903.77 $11,670.00 $ 904.43 $12,565.37 $12,574.43 TOTAL: BIDDER: CODE 3 INDUSTRIES, INC. dba EMERGENCY EQUIPMENT ENGINEERING GLOCK, INC. TERMS: LOC: GLOCK 21 GUN: NET 30 NET 30 SAN JOSE, CA SMYRNA, GA $ 7,380.00 $ 7,560.00 $ 4,290.00 $ 4,380.00 $11,670.00 $11,940.00 $ 904.43 $ 925.35 $12,574.43 $12,865.35 GLOCK 22 GUN: SUBTOTAL: 7.75% TAX: TOTAL: SUMMARY OF BID AWARD: PRO FORCE MARKETING dba PRO FORCE LAW ENFORCEMENT $12,565.37 TOTAL AWARD AMOUNT NOT TO EXCEED: EXHIBIT 1 228-3 228-4 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR MIDSIZE PICKUP TRUCKS (SPEC. NO. 05-002) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For .( ~~ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Don Kott Ford for the purchase of two new midsize pickup trucks in the amount of $36,660.69. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Various City agencies utilize midsize pickup trucks to perform routine business. The Treasury and Customer Service Division of the Finance and Management Services Agency utilizes pickup trucks for the water meter reading routes. The Public Works Agency's Maintenance and Sanitation Inspection Division uses pickup trucks for parking control, preceding the street sweepers on City roadways. Due to age, mileage and condition, one 1995 S-10 pickup truck has been approved for replacement in the current fiscal year. A second S-10 pickup truck is a model year 2000 and in need of replacement due to a collision, rendering it inoperable. The notice inviting bids was advertised on January 10 and 12, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 14 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 7 Bids received 1 Bid received from a Santa Ana vendor 22C-1 CS :>81 Contract Award for Midsize Pickup Trucks (Spec. No. 05-002) February 22, 2005 Page 2 Bids were received, opened on January 26, 2005, and evaluated 1) . The bid received from Don Kott Ford is responsive specifications and meets the City's requirements. (Exhibit to the FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). i:~~~~ ~, \\.A.~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/05-002.2:li 22C-2 ABSTRACT OF BIDS CONTRACT AWARD MIDSIZE PICKUP TRUCKS (SPEC. 05-002) Vendor Location Terms Vehicles Veh w/lite bar Veh w/strobe Sub-total Sales Tax Tire Fee Total Terms offered GRAND TOTAL DELIVERY Vehicle Vendor Location Terms Vehicles Veh w/lite bar Veh w/ strobe Sub-total Sales Tax Tire Fee TOTAL DELIVERY Vehicle DON KOTT FORD CARSON $250 PER VEH. 21 DAYS, NET 30 $17,239.30 $17,239.30 $34,478.60 $ 2,672.09 10.00 $37,160.69 ( 500.00) $36,660.69 90 to 110 Ford R14 Ranger 2005 LAKE CEHVROLET LAKE ELSINORE NET 30 DAYS $17,996.00 $17,996.00 $35,992.00 $ 2,789.38 17.50 $38,798.88 90 days Chevy CC15653 2005 SUMMARY OF BID AWARD: TOTAL AWARD IN THE AMOUNT OF: WEST COVINA MOTORS, d/b/a CLIPPINGER CHEV W. COVINA NET 30 DAYS $17,700.00 $17,700.00 $35,400.00 $ 2,743.50 incl. $38,143.50 $38,143.50 not quoted Chevy Colorado 2005 BOB STALL CHEVROLET LA MESA NET 30 DAYS $18,126.00 $18,126.00 $36,252.00 $ 2,809.53 incl. $39,061.53 60-90 ARO Chevy Colo 2005 Don Kott Ford $36,660.69 EXHIBIT 1 22C-3 VICTOR BUICK-GMC CORONA $300 PER VEH. 20 DAYS, NET 30 $18,305.00 $17,720.00 $36,125.00 $ 2,799.69 17.50 $38,942.19 ( 600.00) $38,342.19 45 days GMC Canyon 2005 MAURICE J. SOPP AND SON HUNTINGTON PARK NET 30 DAYS $18,200.00 $18,200.00 $36,400.00 $ 2,821.00 incl. $39,221.00 90 days Chevrolet CS15653 Colorado '05 SELMAN CHEVROLET ORANGE NET 30 DAYS $18,114.18 $17,814.18 $35,928.36 $ 2,784.45 17.50 $38,730.31 $38,730.31 60 days Chevy CS15653 2005 22C-4 REQUEST FOR COUNCIL ACTION tl) ..,~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR HAZMAT ID COMMAND SYSTEM (SPEC. NO. 05-004) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For r t2dlt?- CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Smiths Detection for the purchase of a HazMat 10 command system In the amount of $67,478.44. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This ini tiati ve was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness. The Fire Department requires a portable hazardous material chemical identifier to allow firefighters and first responders to identify unknown substances at the scene of incidents that may result from acts of terrorism. The HazMat 10 Command System is a data collection system that will run a complete analysis with a single drop of liquid or a few grains of powder, and identify the unknown substance as well as alert the user when a possible biological material is present. Wireless access communication allows incident command to control the system software remotely while responders collect the sample. The system can be used in extreme temperatures and 0-100 percent humidity, and is completely waterproof. 220-1 CS 383 Contract Award for HazMat ID Command System (Spec. No. 05-004) February 22, 2005 Page 2 The notice inviting bids was advertised on January 12 and 14, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 3 Bids received Bids were received and opened on January 25, 2005 recei ved from Smiths Detection is responsive to meets the City's requirements. (Exhibit 1). The bid the specification and FISCAL IMPACT Funds are available in the Office of Emergency Security Initiative Grant Operating Materials (account no. 125-320-6641) I Services, Urban Areas and Supplies account APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~.t~ \\~"-o-> Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 220-2 ABSTRACT FOR BIDS - 05-004 HAZ MAT 10 COMMAND SYSTEM BIDDER: SMITHS DETECTION TERMS: LOC: NET 30 DANBURY, CT HAZ MAT 10 COMMAND SYSTEM: $62,625.00 7.75% TAX: $ 4,853.44 TOTAL: $67,478.44 BIDDER: FISHER SCIENTIFIC COMPANY LLC TERMS: LOC: NET 30 PITTSBURGH, PA HAZ MAT 10 COMMAND SYSTEM: $64,500.00 7.75% TAX: $ 4,998.75 TOTAL: $69,798.75 BIDDER: HAGEMEYER TERMS: LOC: NET 30 TORRANCE, CA HAZ MAT 10 COMMAND SYSTEM: $78,658.55 7.75% TAX: $ 6,096.04 TOTAL: $84,754.59 SUMMARY OF BID AWARD: TOTAL AWARD AMOUNT NOT TO EXCEED: SMITHS DETECTION $67,478.44 EXHIBIT 1 220-3 220-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR HEATING, VENTILATION, AND AIR CONDITIONING FILTERS (SPEC. NO. 05-007) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I r2Aa. CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to P. L. Hawn Co., Inc. for air conditioning filters for a two-year period, with provision for two one-year renewals, in an annual amount not to exceed $40,631. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains the heating, ventilation, and air conditioning (HVAC) systems in various City buildings. Air filters specific to the systems are replaced several times annually to ensure a clean work environment. The contract for HVAC filters is designed to provide quality products at significant savings based on quantity pricing. The notice inviting bids was advertised on January 14 & 19, bids were solicited. A summary of the bid invitations received is as follows: 2005, and and bids 6 Invitations For Bid mailed 2 Bids received Bids were received and opened on January 25, 2005. The bid received from P. L. Hawn Co., Inc. is responsive to the specifications and meets the City's requirements. Bid results are as follows: Vendor: Location: Annual Cost: P.L. Hawn, Co. Florence Filter Corporation Huntington Beach Compton $40,631 $41,759 22E-1 CS ~j83 Contract Award for Heating, Ventilation, And Air Conditioning Filters (Spec. No. 05-007) February 22, 2005 Page 2 FISCAL IMPACT Funds are available in Building Maintenance Other Contractual Services account (account nos. 73-105-6291). APPROVED AS TO FUNDS AND ACCOUNTS: , ~,t-.' ~~~t-\.~~') ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/BP/05-007.2:li 22E-2 REQUEST FOR COUNCIL ACTION ~ \'fd\lcat!On 1st) ~~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AMENDMENT FOR INDUSTRIAL AND MATERIAL HANDLING SUPPLIES (SPEC. NO. 05-014) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I~ t2Lilz CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with McMaster-Carr Supply Co. aggregate amount by $10,000 for industrial and supplies for an annual amount not to exceed $20,000. to increase the material handling DISCUSSION The City establishes an annual list of suppliers providing industrial and material handling supplies required by agencies on a consistent basis. McMaster-Carr Supply Co., a Santa Ana vendor, has provided nuts and bolts, screws, hand tools, building maintenance materials, and a variety of sundry supplies to all City agencies. The cost for industrial and material handling supplies has increased, therefore exceeding the $10,000 aggregate limit. Staff requests approval to increase the aggregate limit for McMaster-Carr Supply Co., to provide uninterrupted service to the City agencies. FISCAL IMPACT Funds are available in the various department accounts for Operating Materials and Supplies account (object code 6381), and Other Material Supplies account (object code 6391). ~~~~l\l'~",:> ~~':I\ '-----'> Francisco Gutierrez Executive Director Finance and Management Services Agency FG/SH/05-014-A.2:1i 22F-1 CS 383 22F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AMENDMENT FOR ALTERNATIVE FUELING PROJECT (SPEC. NO. 05-017) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For f2~~c.Z. C Y MANAGER CONTINUED TO vV FILE NUMBER RECOMMENDED ACTION Amend the contract with Gas Equipment Systems, Inc. to increase the aggregate limit by $5,000 for an annual amount not to exceed $15,000. DISCUSSION The Fleet Maintenance Division currently maintains the Corporate Yard Compressed Natural Gas (CNG) Slow Fuel System which was installed in 2002. The system has four fill stations with eight hoses. The slow fill pressure system can take eight hours to fuel fill eight vehicles. Currently, the system supports the CNG Library bookmobile and six CNG street sweepers for use by the Public Works Agency. In July 2005, the Ci ty will receive two new CNG street sweepers that were ordered in December 2004. As such, the nine CNG vehicles will exceed our current fill station capacity of eight vehicles. The recommended action will provide for another CNG fill station with two hoses to accommodate the additional CNG street sweepers. In addition, the City establishes blanket order contracts with various vendors on an annual basis. The contracts facilitate purchases and services that are required on a recurring basis and reduce the number of small value orders. The installation of a fifth fill station, when added to the vendor's fiscal purchases will exceed the $10,000 aggregate total, and require Council approval. Staff recommends Council approval of an amendment to the contract. 22G-1 CS 38;1 Contract Amendment for Alternative Fueling Project (Spec. No. 05-017) February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the City Yard Operations Other Contract Services account (account no. 85-107-6291). 1~~~~~ u ~.~:-..~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/05-017.2:li 22G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AMENDMENT FOR INSTALLATION OF A STORAGE SHED (SPEC. NO. 05-018) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For bLAJa - - CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with Tuff Shed to increase the aggregate limit by $10,000 for the installation of a storage shed in an annual amount not to exceed $15,000. DISCUSSION The Fire Department is preparing to take deli very of three new fire apparatuses. Much of the equipment, valued in excess of $150,000, is currently stored outdoors. A secure storage unit is necessary to protect the equipment when the station is unattended while personnel respond to calls. In June of 2004, a formal bid was prepared and bids were solicited for similar custom-built sheds for the Fire Department. However, due to the high costs, a contract was not formally awarded. Subsequently, the City solicited an informal quotation from Tuff Shed and purchased prefabricated sheds at a lower cost. The recommended action will allow for the installation of an additional shed. The cost of the purchase, when combined with previous purchases by the Fire Department during the current fiscal year exceeds the $10,000 aggregate limit and requires City Council approval. 22H-1 CS 383 Contract Amendment for Installation of a Storage Shed (SPEC. NO. 05-018) February 22, 2005 Page 2 FISCAL IMPACT Funds are available in Supplies Account (account / ') / ! - -/,.... Fire Maintenance, Operating Materials and no. 11-327-6391). il ip M. ire/Chief ,~P/05-018.3:1i 22H-2 APPROVED AS TO FUNDS AND ACCOUNTS: ~~~C" ~') ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED CONTRACT AWARD FOR MADISON PARK NEIGHBORHOOD IMPROVEMENTS AND NEIGHBORHOOD SPONSORED PROJECTS (PROJECT NOS. 05-7808 AND 04-7706) o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For / a . ! / ,~/ RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Award a contract to Pete & Sons responsible bidder, in accordance estimated amount of $108,787.50. Construction, with unit bid Inc. the prices lowest in the 2. Approve a Funding Analysis with a total estimated construction cost of $136,300. DISCUSSION These projects provide for replacement of damaged and uplifted sidewalks, curbs, gutters, and driveway approaches due to growth of tree roots at various locations in the Madison Park Neighborhood and other neighborhoods (Exhibit 1). Tree root shaving will also be performed to eliminate localized water ponding by restoring acceptable drainage to gutters and sidewalks that have been uplifted. Once completed, these improvements will enhance the surface drainage and visual appearance of the neighborhood. The projects have received categorical exclusion in accordance with the National Environmental Policy Act. The Notice Inviting Bids was advertised on December 13 and 15, 2004 and bids were opened on January 5, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 3 Contractors requesting bidding documents: 8 Bids received: 6 Bids received from Santa Ana Contractors: 0 23A-1 Madison Park Neighborhood Improvements Project Nos. 05-7808 and 04-7706 February 22, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Pete & Sons Company, Riverside $108,787.50 Inc. 2. Nobest, Inc. Westminster $121,015.00 3. Portsmouth Chino $122,351. 50 Construction 4. Damon Construction Cypress $131,667.50 Company 5. Kalban, Inc. Sun Valley $142,952.50 6. Elite Bobcat Service Corona $177,407.25 A total of six bids were received and all were responsive. The lowest bid was submitted by Pete & Sons Company, Inc. for $108,787.50 which is above the Engineer's estimate of $103,268. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed proj ect is exempt from further review. Categorical Exemption ER No. 2004-227 will be filed for this report. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $136,300 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund and the Select Street Construction Fund (account nos. 135-149-6631 and 59-551-6631, project nos. 05-7808 and 04-7706) . APPROVED AS TO FUNDS AND ACCOUNTS: .~ tlt~,~ Executive Director pub~workS Agency patrJ~{~~ Executive Director Community Development Agency ':\~~~\.D.~ U \-\.~ :..~ Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenC~ K:\Construction\RFCA-200S-22-02\OS-7BOB 60 WD 23A-2 EDINGER CITY of SANTA ANA ORANGE COUNTY CALIFORNIA r r--- ~-, .. " , I ' , I , , L___I [ N.T.S. -' , '1.'0 TII II.." I . I II F~ST 'I uj oD~ i I a ~ :I: ':J '" I l.I.l Z WcFAOOEN --, , , I , I PROJECT LOCATION MADISON PARK EXHIBIT 1 SANTA ANA , t City Council , P W A , Agenda Date FEBRUARY 22, 2005 PlIIlIC IORlS AGENCY Title: CONTRACT AWARD FOR MADISON PARK NEIGHBORHOOD IMPROVEMENTS AND NEIGHBORHOOD SPONSORED PROJECTS (PROJECT NOS. 05-7808 and 04-7706) 23A-3 FUNDING ANALYSIS PROJECT NOS. 05-7808 AND 04-7706 MADISON PARK NEIGHBORHOOD IMPROVEMENTS Construction Contract $ 108,788 Contract Administration $ 4,000 Inspection and Testing $ 9,034 Survey Staking $ 3,600 Contingencies $ 10,878 TOTAL ESTIMATED CONSTRUCTION COSTS $136,300 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION ~ ~~~ ;:~? y V CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: AMENDMENT TO AGREEMENT WITH RBF CONSULTING FOR THE COMPLETION OF CITYWIDE DESIGN GUIDELINES APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~ afic2-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with RBF Consulting for an additional $25,000 for the completion of Citywide Design Guidelines. DISCUSSION The City has been working with RBF Consulting on the preparation of a Citywide Design Guidelines manual. The Guidelines will be a set of architectural and graphic design principles that provide guidance to business owners, homeowners, City staff ~nd the design community regarding the development and rehabilitation of property. Since the last formal update to the Design Guidelines in 1984, changes in development trends in the City and the desire to offer progressive design solutions has resulted in the need for an updated and comprehensive document. The Planning and Building Agency has identified this as a priority objective and intends to complete the document in fiscal year 2004-05. The consultant's primary responsibilities have included reviewing existing design standards and policies, reformatting and updating existing text and complementary graphics, and the preparation of new text and graphics for design principles that have not yet been developed. The final product, currently in a draft format, will be a document that is easy to interpret, have an innovative page layout, and will be able to be posted on the City's website to allow 24 hour accessibility to interested parties. Staff has been reviewing the draft design guidelines with Ad Hoc Committees from the Planning Commission and Historic Resources Commission since last summer. Once the Ad Hoc Committees complete their review, the consultant will complete final revisions. It is anticipated that the Citywide Design Guidelines will be presented to the City Council for review in June 2005. 25A-1 Agreement with RBF Consulting February 22, 2005 Page 2 FISCAL IMPACT Funds in the amount of $25,000 are available in the Planning and Building Agency's account for other contractual services (account no. 11-505-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: ~~~~~~) ~~-'L Franci~co G~tierrez c~ Execut1ve D1rector Finance & Management Services Agency Ste hen G. Har ng Executive Director Planning & Building Agency VF:rb vf\reportS\RBFdesign.cc 25A-2 CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION FEBRUARY 22, 2005 TITLE: APPROVED LEASE AGREEMENT WITH LENNAR HOMES o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ / (. / ~...., .j / . ~/ X-hti-"- .. / / l ~~'-- L- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Lease Agreement with Lennar Homes for use of the 5th floor conference room at The Depot at Santa Ana. DISCUSSION Lennar Homes, the company that is engaged in the construction and sale of the Santiago Street Lofts, approached The Depot management with a proposal to rent the 5th floor conference room for use as a sales office. The lease term would be for six months, then month-to-month up to one year. This agreement is meant as a temporary accommodation until the model homes and sales office are completed within the approved development. Lennar has agreed to pay $2,100 per month and to upgrade the conference room with new paint and carpet prior to occupation. FISCAL IMPACT The City will receive $25,200 for the one-year Lease Agreement. Funds received will be deposited into The Depot at Santa Ana revenue account for Conference Room Rental (account no. 067-615-5496). APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Whitaker Executive Director Community Development Agency . \, t....-- '=\:.~~~t'\~A) ~_:> Francisco Gutierrez Executive Director 1ki Finance & Management Services Agency PCW/CKF/mlr H:\ACTIONS\2005 CC\LeaseAgreeLennar 2-22-05 v2.doc 258-1 258-2 CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION FEBRUARY 22, 2005 TITLE: APPROVED MANAGEMENT AGREEMENT EXTENSION FOR MUNICIPAL PARKING GARAGE OPERATOR IN DOWNTOWN o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For d' (2~/2 CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a management agreement for the operation of four Downtown public parking garages for a one-year period at a fixed rate not to exceed $11,940. DISCUSSION On February 5, 2001, the Council approved a three-year contract with Ace Parking, Inc. for management of the four Downtown parking garages located at Third & Birch, Third & Broadway, Fifth & Main, and Fifth & French Streets. The term of the existing management agreement will expire on April 30, 2005. Staff has been satisfied with the services provided by Ace Parking and recommends renewing the management agreement for one additional year. FISCAL IMPACT The four parking garages generate the necessary revenue to offset all operating expenses and fees. Funds are available in the Downtown Parking Facilities account (account no. 27-014-6291). APPROVED AS TO FUNDS AND ACCOUNTS: patrlcia C. Whitaker Executive Director Community Development Agency ~~"'~~J \\. \-: \" Francisco Gutierrez { Executive Director (IV Finance & Management Services Agency PCW/JWE/mlr H:\ACTIONS\2005 CC\MgtmtAgreeExtMuniParkingGarageOperinDT 2-22-05 v3.doc 25C-1 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 sl Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AMENDMENT TO AGREEMENT WITH WASTE MANAGEMENT INC. FOR GRANT MANAGEMENT SERVICES CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Waste Management Inc. for management of the City's recycling grants. DISCUSSION The current agreement between the City and Waste Management Inc. authorizes Waste Management to develop and manage the grants pursuant to the regulations contained in the California Integrated Waste Management Act and/or adopted by the California Integrated Waste Management Board. Since the approval of the agreement, additional recycling grants have become available from the Department of Conservation. The proposed amendment would broaden the agreement to allow for the management of all grants related to recycling activities and services covered by the agreement. In addition, the State conducted an audit of one of the City's previous used oil grants. Their findings included a recommendation that the City amend its agreement with Waste Management to include a provision that identifies the amounts payable to Waste Management for management of State grants. The proposed amendment identifies the fees payable for these services in the current fiscal year. Any changes to the current fees would require written approval of the Executive Director of the Public Works Agency. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 250-1 Amendment To Agreement With Waste Management Inc. For Grant Management Services February 22, 2005 Page 2 FISCAL IMPACT Payment for grant management services are charged to the individual grants received by the City. APPROVED AS TO FUNDS AND ACCOUNTS: ",,",, \.... .., '[A~ Gt~~ l\il James' G. Ross o Executive Director Public Works Agency ~ . ~\ ~ \ =tC~~'\' \. '\:'\l'.A ] T~~ ::-n _ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~~ 250-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 APPROVED TITLE: AGREEMENT WITH THE PHOENIX GROUP TO PROVIDE AUTOMATED PARKING CITATION SYSTEM o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For (l41{l~ ITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Phoenix Group to provide an Automated Parking Citation System in an amount not to exceed $130,000. DISCUSSION On February 5, 2004, Council authorized the Police Department to execute an agreement with the Phoenix Group to provide an Automated Parking Citation System for issuing and processing parking citations. The automated parking citation system allows traffic officers to utilize handheld automated devices to issue citations and allows for these citations to be processed digitally. The automated parking citation system streamlines and expedites the issuance and processing of parking citations. City staff from the Police Department, City Finance and Treasury Departments have evaluated the system and performance of the Phoenix Group based on responsiveness, quality of products, service experience, and the ability to provide a system that is capable of integrating with the current Cross Roads software used by the City. Staff's evaluation has determined that the Phoenix Group has performed well and recommends entering into a new agreement. The new agreement is for a one-year term with options to renew for two additional one-year periods. 25E-1 Agreement for City's Automated Parking Citation System February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Department Traffic Division Other Contractual Services Account (account no. 011-333-6291) in an amount not to exceed $37,000, Public Works - Roadway Cleaning Other Contractual Services Account (account no. 068-633-6291) in an amount not to exceed $69,000, and CDA - Parking Meter Fund Other Contractual Services Account (account no. 027-013-6291) in an amount not to exceed $24,000. APPROVED AS TO FUNDS AND ACCOUNTS: '=\- ~~~ : ~ " ~ -) ~ ~ ~--n ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Patricia Whitaker Executive Director Community Development Agency 25E-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USEONL Y: FEBRUARY 22, 2005 APPROVED TITLE: AMENDMENT FOR POLICE DEPARTMENT'S AUTOMATED MUG PHOTO SYSTEM o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 9"'....... Q~ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the ~ouncil to execute an agreement with ImageWare Systems, Inc., for the annual maintenance and support of the Police Department's automated mug photo system in an amount not to exceed $22,000. DISCUSSION The Police Department currently uses ImageWare to record and digitally store mug photographs of subjects suspected of criminal activity and those who are registering as a condition of their parole. The system also produces photo line-ups, which are used to help identify suspects in criminal cases. This agreement provides for the maintenance and support needed for this system. ImageWare Systems, Inc., is uniquely qualified to provide these services as they designed and implemented the system. This agreement would extend the maintenance and support for an additional one- year period. FISCAL IMPACT Funds are available in the Police Department's Computer Services and other Contractual Services Account (account no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~1JJl&- Paul M. Walters Chief of Police Police Department ~~~'t' ~ ~ 1 --, ~ ~~:Q^--", Francisco Gutierrez Executive Director Finance & Mngmt. Services Agency . , 25F-1 25F-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBUARY 22,2005 APPROVED TITLE: AGREEMENT FOR POLICE MOBILE COMMAND CENTER o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ ~a C TV MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager, Chief of Police and the Clerk of the Council to execute an agreement with LDV, Inc. for the purchase of a Mobile Command Center in an amount not to exceed $475,000. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness. The Police Department is the largest municipal police agency in Orange County, and the lead agency in one of the five mutual aid regions in the county. The department currently does not posses a full-service mobile command vehicle that can be used for a variety of emergency incidents, including Homeland Defense measures, major scene management, and Special Weapons and Tactics operations. In order to effectively provide command and control for these incidents, and to facilitate a safe and peaceful resolution to the extent possible, a full-service Mobile Command Vehicle (MCV) is of paramount importance. In light of the homeland defense efforts and Weapons of Mass Destruction (WMD) threat, it is even more critical that the Department have a capable MCV that allows for the coordinated handling of these threats. 25G-1 Agreement For Police Mobile Command Center February 22, 2005 Page 2 On October 9, 2004, the City issued a Request for Proposal to provide a Mobile Command Center. Requests for Proposals were mailed to three vendors and advertised in the Orange County Register on October 10th and 20th 2004. A total of two proposals were received (Exhibit 1). Each of the proposals were reviewed by staff members of the Field Operations, Technology and Support and Investigations Bureaus and were evaluated on the following cri teria : responsiveness to the RFP, quality and number of references, demonstrated ability to provide comparable services as requested in the RFP, level of service, maintenance plan, financial stability and resources, and cost. The recommended vendor, LVD Inc. received the highest percentage in the scoring process, offered the lowest price, and met or exceeded the evaluation criteria. FISCAL IMPACT Funds are available in the 2004 UASI Grant Other Contractual Services Account (account no. 125-331-6291-33103). APPROVED AS TO FUNDS AND ACCOUNTS: ~U(L Paul M. Walters Chief of Police Police Department "=\-\\.~~~~ '''';:> \\. J.~ ':: ~ Francisco Gutlerrez Executive Director Finance & Mngmt. Services Agency 25G-2 RFP Mobile Command Vehicle BIDDER SCORE PRICE Mattman Specialty Vehicles LDV, Inc. EXHIBIT 1 93.8 95.6 $399,807.43 $361,973.00 25G-3 25G-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AGREEMENT FOR ACCOUNTING MANAGEMENT SERVICES - MORELAND & ASSOCIATES, INC. {q~CL- CITY ANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the accounting firm, Moreland & Associates, Inc., for accounting management services in an amount not to exceed $75,000. DISCUSSION The Accounting Division of the Finance Department is responsible for ensuring compliance with the various rules and requirements mandated through Government Accounting Standards Board (GASB) pronouncements, generally accepted accounting principles (GAAP), as well as Federal and State laws. More importantly, the division is responsible for the preparation of the City's financial report and ancillary audits. After careful review, the Finance Agency proposes a restructuring of the Accounting Division that will continue to ensure proper supervision, direction, and training. During the transition and in order to ensure proper coordination and direction of accounting staff, staff is recommending the accounting firm of Moreland & Associates, Inc. to assist with accounting management services on an interim basis. Moreland & Associates, Inc. has agreed to provide these services while the City finalizes the restructuring of the Accounting Division. In addition, they have agreed to provide technical training to City staff in areas that are impacted by new requirements issued under GASB or GAAP. 25H-1 Agreement for Account Management Services - Moreland & Associates, Inc. February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the Accounting Division, Other Contractual Services (account no. 11-171-6191) ':t-~~t"'\ ~ OJ \ ~ . '-: --., Francisco Gutierrez - Executive Director Finance & Management Services Agency r , fy\ 25H-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AGREEMENT FOR PAYROLL CONSULTING SERVICES O~UJ.c2~, CITY MANAGER CONTINUED TO .-"'" FILE NUMBER RECOMMENDED ACTION Amend the agreement with Dawna Whaley for payroll consulting services in a total contract amount not to exceed $90,000. DISCUSSION The City currently maintains contracts for its payroll and tax software that include user licenses, upgrade maintenance, training, and program consulting. The services are provided by Highline Corporation, Oracle Corporation, Vertex, Inc., and Dawna Whaley. All services provided are directly related to the continued maintenance and support of the City's payroll system. Ms. Whaley is the primary provider of program consulting services related to troubleshooting and implementation of payroll program changes resulting from labor negotiations. She continues to be the only program specialist for the Highline payroll software located in Southern California. With the completion and adoption of memorandum of understandings with most of the Ci ty bargaining units, Ms. Whaley will be responsible for implementing changes to the payroll program that are consistent with the various negotiated items. In addition, she will continue to provide training to City staff and provide liaison services with Highline Corporation and Vertex regarding any program development issues. FISCAL IMPACT Funds are available in the Information Services Strategic Plan (account no. 109 - 200 - 6291) . ~I'-~~:~..~ ~.... Francisco Gutierrez Executive Director Finance & Management Services A~~1 251-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: ACQUISITION AND RELOCATION OF APOLLO MUFFLER AND RADIATOR SERVICES, INC. LOCATED AT 1249 w. FIRST STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ I ! / ' / , / :/ V RECOMMENDED ACTION ~tL- CI Y MANAGER CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute acquisition and relocation agreements with Apollo Muffler and Radiator Services, Inc. totaling $483,567. DISCUSSION The Bristol Corridor Specific Plan, approved by the City Council in 1992 includes street improvements on Bristol Street from Pine Street to Third Street. These improvements are needed to improve traffic flow, which is currently operating at an unacceptable level of service. Construction of these improvements is estimated to begin in the fall of 2006. To accommodate the widening, it is necessary to acquire the property located at 1249 W. First Street (Exhibit 1). The tenant, Apollo Muffler, has been operating in this location over thirty years serving the local residents of Santa Ana and the surrounding auto dealers in the cities of Garden Grove, Orange, and Fountain Valley. The Uniform Relocation Assistance Act requires the City to pay the relocation costs of the businesses displaced by the widening project. The acquisition agreement will authorize the acquisition of the tenant's immovable fixtures and equipment, and a payment for loss of business goodwill for $63,270. The relocation agreement authorizes payment of a business relocation claim for $420,297. Staff is separately negotiating with the owner of the real property to purchase his interest. 25J-1 Acquisition and Relocation Agreement Apollo Muffler & Radiator Services, Inc. February 22, 2005 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819) APPROVED AS TO FUNDS AND ACCOUNTS: ,~~~,z~- James G. oss Executive Director Public Works Agency . ~ .~.." ~~\~~ )-~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency I.~ 25J-2 ~ N.T.S. SECOND ST. ..... CJ) -.J o ..... CJ) a:: (II APOLLO MUFFLER APN 008-131-33 SITE LOCATION SANTA ANA , , City Council , P W A , Agenda Date February 22, 2005 Pl8.( IOAlS ACE~y Title: ACQUISITION AND RELOCATION OF APOLLO MUFFLER AND RADIATOR SERVICES, INC. LOCATED AT 1249 W. FIRST STREET (PROJECT 1819) FI RST ST. ( I I I EXHIBIT 1 25J-3 25J-4 REQUEST FOR COUNCIL ACTION ~ ~f~ ~V Y CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: CONTRACT RENEWAL FOR STREET SWEEPER BROOM RE-WRAPPING APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 'tl O~K CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with American Rotary Broom Co., Inc. for street sweeper broom re-wrapping for a one-year period in an annual amount not to exceed $82,000. DISCUSSION The Public Works Agency's Street Sweeping Division has 11 street sweepers in its fleet. The street sweepers maintain over 60,000 miles of City streets annually. The brooms on the sweepers used for street maintenance need periodic re-wrapping to maintain effectiveness. The contract will allow for re-wrapping of the brooms and replacement of hydraulic broom drive motors as required. On March 3, 2003, the City Council awarded a contract to San Diego Rotary Broom, now known as American Rotary Broom Co. Inc. for a two- year period with options for two one-year renewals. American Rotary Broom has agreed to the first renewal of the contract with price increases. Due to constant fluctuations in the price of steel and plastic required for re-wrapping of the sweeper brooms, American Rotary Broom Co. Inc. and the City of Santa Ana will enter into an agreement that will allow for price adjustments upon mutual consent. The vendor has performed satisfactorily during the past contract period, and staff recommends authorizing the renewal to the contract. 25K-1 CS 383 Contract Renewal for Street Sweeper Broom Re-wrapping February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the Machinery & Equipment account Fleet Services Maintenance (account no. 75-111-6281). ~~~~~(i' 1 ~ ~-:-'n Joo...::> Francisco Gutierrez Executive Director Finance and Management Services Agency FG/TO/03-007-R.2 AGREEMENT:li 25K-2 & Repair REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: FEBRUARY 22, 2005 TITLE: CONTRACT RENEWAL FOR ALLEGED SEXUAL ASSAULT VICTIM EXAMINATIONS CLERK OF COUNCIL USE ONLY: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For tf /2ftJC2- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Health Care Agency's Child Abuse Services Team for medical examinations of alleged sexual assault victims, for a one-year period in an annual amount not to exceed $15,000. DISCUSSION The Child Abuse Services Team (CAST), a division of the Orange County Heal th Care Agency, is the sole provider of examinations for alleged sexual assault victims in the Orange County area. Law requires that a medical professional examine juveniles who are suspected of being abused. CAST has provided examinations for the City of Santa Ana Police Department for over 10 years. The examinations are performed under the supervision of a nurse practitioner, and expert witness testimony is provided when required. On November contract for CAST, which agreed to authorizing 3, 2003, the City Council authorized renewal of the a one-year period. The Orange County Health Care Agency's has been providing service to the City since 1992, has renew the contract. As a result, staff recommends renewal of the contract for an additional one-year period. 25L-1 CS 383 Contract Renewal for Alleged Sexual Assault Victim Examinations February 22, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Crimes Against Persons, Other Contractual Services account (account no. 11-341-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Paul M. Walters Chief of Police ,~ ( \ \ ~ - ~,~t'~~r- ...) ~.~... D-"-" Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency PMW/TO/05-020-R.7 AGREEMENT:li 25L-2 REQUEST FOR COUNCIL ACTION a---~\ ~~ 2::/ Gducatlol) l~. ' \~/, V ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2002-31 AND CONDITIONAL USE PERMIT NO. 2002-32 TO ALLOW THE CONSTRUCTION OF A GAS STATION AND CONVENIENCE STORE AT 3801 SOUTH BRISTOL STREET - CHEVRON PRODUCTS COMPANY, t;PLI~a__ CIT; MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-31. 2. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-32. DISCUSSION On February 18, 2003, the City Council received and filed the staff report approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002- 32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol Street. Chevron Products Company, the owner of the property, has been unable to complete the construction of the project due to a recent lawsuit that prevented them from proceeding with the project plans. Chevron is requesting a three- year extension of their entitlements, which were due to expire on February 18, 2005. The city received an extension request on November 5, 2004 before the conditional use permits expired (Exhibit 1). Santa Ana Municipal Code Section 41-647 allows the City Council by Resolution to approve up to a three-year extension of a conditional use permit or variance from the time that it would normally become void. The Planning Division recommends a one-year extension of entitlements rather than the three years proposed by the property owner. The three years from the original date of approval should be sufficient for the proj ect' s completion. The applicant may reapply for another extension should the legal proceedings continue to prevent them from beginning construction. 31A-1 Extension of Entitlements for Conditional Use Permit No. 2002-31 Conditional Use Permit No. 2002-32 February 22, 2005 Page 2 It is therefore recommended that the entitlements for the gas station and convenience store with after-hours operation be extended for a period of one year rather than the three years requested by the applicant. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Negative Declaration (Environmental Review No. 2002-270) previously prepared for this project. Mitigated has been FISCAL IMPACT There is no fiscal impact associated with this action. St~{ ~tjing Executive Director Planning & Building Agency VC:rb vc\reports\cup02-31cup02-32.extension.cc 31A-2 ,~_.~ It!!!: John W Johnson Co-President Architect Brian F. Zita Co-President Architect John B. Hicks Vice President Cecil R. Spencer Vice President Regional Managers Jesse E. Macias Roy w: Pedro Alan K. Shimabukuro John w: Strobel Blythe R. Wuson Established 1966 Offices ANAHEIM, CA BELLEVUE, WA CAMAS, WA MARTINEZ, CA PETALUMA, CA ROSEVILLE, CA SCOTTSDALE, AZ WUlW.rbUksign.ctmI ARCHITECTURE ENGINEERING ENVIRONMENTAL SERVICE 5 2401 East Katella Avenue, Suite 400, Anaheim, CA 92806 Telephone: (714) 935-0050 Facsimile: (714) 935-0051 November 5, 2004 City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, Ca 92702 Altn: Jay Trevino, Planning Manager RE: CUP- 2002-21/32 Chevron SS#09-1921 3801 South Bristol Street Santa Ana, CA RHL IN: 0092.10 Request for extension of approval: Chevron Products Company would like to request that the CUP-2002-21132 granted on January 27, 2003 for this project be extended. We had received approvals for two Conditional Use Permits to allow a gas station and convenience store and to permit after hour operation. Chevron would like to be able to complete this project to rebuild this service station to a more modem facility. However during the process of preparing plans and obtaining permits to rebuild this site, Chevron was caught . up in a lawsuit that prevents them from making this capital investment in this project until the suit is resolved. This lawsuit is unrelated to the CUP or any other approval fonn the City of Santa Ana. At trial Chevron has received a summary judgement in their favor, but the case was appealed and we are awaiting that outcome. We had completed all of the necessary drawings for this reconstruction project and the Building Department had apPlOvcd plans on 10/16/03. No building pennit was issued due to this unfortunate delay. Due to the time elapsed we anticipate that once the legal obstacles are removed, we will need to re-process building permits due to the time that has passed. At this time, we would like to request that the existing CUP approvals be extended for 3 years until January 2008. This will allow the legal proceedings to be completed and for us to re- process the building permits for construction. If you have any questions, please do not hesitate to contact me at (714) 935-0050 CC: Verny Carvajal, Project Planner 3 ~~~~T 1 r pr\\jecl'OL.'OO\)2 10 dlles ":up :'\Il.:I1"HlnIlHI d~\c KO - 2/15/05 RESOLUTION NO. 2005-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING CONDITIONAL USE PERMIT NO. 2002-31 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2002-32 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 3801 SOUTH BRISTOL STREET 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. February 18, 2003, the City Council received and filed the Planning Commission resolution approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002-32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol Street. B. The applicant has requested an extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32. The City received the extension request on November 5, 2004. The entitlements are due to expire on February 18, 2005. C. The extension request came before the City Council on February 22, 2005. D. Santa Ana Municipal Code Section 41-647 authorizes the City Council to extend the date which a conditional use permit and variance become void for a period for not to exceed three (3) years. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration (Environmental Review No. 2002-270) has been previously prepared for this project. Section 2. The City Council of the City of Santa Ana hereby, approves a one (1) year extension of Conditional Use Permit No. 2002-31 as conditioned and Conditional Use Permit No. 2003-32 as conditioned. Resolution No. 2005- Page 1 of 2 31A-4 ADOPTED this _ day of February, 2005. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-023 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005- Page 2 of 2 Clerk of the Council City of Santa Ana 31A-5 31A-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1s1 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD ,JI ~q~GER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Article IV of Chapter 2 of the Santa Ana Municipal Code regarding the title of said article. DISCUSSION In 1983, the City Council created the Cable Television Advisory Board to consider matters referred to it by the City Council. In particular, the board considers matters related to the City's cable television franchise and the quality of services delivered by the City's cable operator. In an effort to provide a more efficient legislative process, this ordinance will eliminate the Cable Television Advisory Board and pass the functions of this body to the Parks and Recreation Board. The Parks, Recreation and Community Services Agency will facilitate the training and transition process to ensure that the responsibilities of the Cable Television Advisory Board are successfully assumed by the Parks and Recreation Board. FISCAL IMPACT There is no fiscal impacl,7associated with this action. ~~ Gerardo Mouet Executive Dire tor Parks, Recreat.on and Community Ser 'ces Agency 50A-1 (MJV 1/31/05) ORDINANCE NO. NS-2678 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING DIVISION 11, SECTIONS 2-660 THRU 2- 661 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1983, the City Council of the City of Santa Ana created the cable television advisory board to consider matters referred to it by the City Council. In particular, to consider matters, technical or otherwise, related to the city's cable television franchise. B. In order to consolidate functions of various boards to provide a more efficient legislative process, it is the intent of the City of Santa Ana to eliminate the Cable Board and pass the functions of this body to the Parks and Recreation Board. Section 2. That Division 11 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby repealed in its entirety (existing language shown in strikeout for tracking purposes only): DIVISION 11. CABLE TELEVISION ADVISORY BOARD Sec. 2 660. Establishment of cable television advisory board. There is hereby established the cable television advisory board of the City of Santa I\na, having such pOINers as set forth in this division. The cable television advisory board shall consist of seven (7) members, who shall bo subject to appointment and removal and shall serve terms in accordance '1.'ith section 901 of the Charter of the City of Santa Ana. (Ord. No. NS 1671, S 1, 2 22 83; Ord. No. NS 2025, S 1, 9 5 89) Sec. 2 660.1. Educational representatives to cable television advisory board. The governing bodies of the Santa Ana Unified School District and the 50A-2 Ordinance No, NS- Page 1 of 3 Rancho Santiago Community College District shall each nominate one (1) representative ("educational representati'Jes") to the cable television advisory board. Said representatives shall be entitled to attend all meetings of the board and to participate in the discussions of the board to the same extent as the members of the board, but they shall not make, second, or vote on motions, be counted for purposes of determining whether a quorum exists, or be entitled to compensation for attendance at meetings of the board. (Ord. No. NS 2188, ~ 2, 2 1 02) Sec. 2 661. Scope of authority. The cable television advisory board shall have the f-ollmving powers and duties: (1) It shall consider all matters that may be referred to it by the city councilor the city manager and shall render its recommendations, counsel and advice in regards thereto. (2) It shall conduct state of the art reviews as required by any cable television franchise agreement and report its findings to the city council and city manager. (3) It shall conduct an annual review of the quality of service provided by any cable television franchisee and report its findings to the city council and city manager. (1) It shall hear and resolve controversies beN/een complaining persons and any cable television franchisees 'A'hich cannot be resolved betv/een the complaining person and the franchisee. Section 3. 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 ,2005. Miguel A. Pulido Mayor Ordinance No. NS- Page 2 of 3 50A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers 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 that the attached Ordinance No. NS-2678 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 50A-4 Ordinance No. NS- Page 3 of 3 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 APPROVED TITLE: ORDINANCE REGULATING THE SEIZURE, IMPOUND, AND FORFEITURE OF VEHICLES o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For .; /\// . U.~j7a ITV MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an Ordinance adding sections 10-600 through 10-611 to the Santa Ana Municipal Code regulating the seizure, impound and forfeiture of vehicles used to solicitor to engage in acts of prostitution or illegal drug activity. DISCUSSION In accordance with the City's commitment to quality service and continuous improvement, the departments frequently analyze existing procedures and practices to determine if enhancements can be implemented. Recognizing that prostitution and illegal drug activity frequently involves the use of vehicles as a means to engage in criminal activities, the Police Department recommends establishing a new ordinance that would deter the commission of such crimes and serve to abate the nuisance caused by these illegal activities. Under the provisions of the proposed ordinance, vehicles used to facilitate acts of prostitution or to engage in illegal drug transactions would be subject to seizure, impoundment, and forfeiture. FISCAL IMPACT There is no fiscal impact associated with this action. j f. i 1\ "--.Ie u..--ll '0 ~.. Paul M. Walters Chief of Police Police Department 508-1 , (PJC 1/25/05) ORDINANCE NO. NS-2679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XI- SEIZURE, IMPOUNDMENT AND FORFEITURE OF VEHICLES, SECTIONS 10-600 THROUGH 10-611 TO THE SANTA ANA MUNICIPAL CODE RELATING TO SEIZURE, IMPOUNDMENT AND FORFEITURE OF VEHICLES USED TO SOLICIT OR TO ENGAGE IN ACTS OF PROSTITUTION OR ILLEGAL DRUG ACTIVITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The residents and business owners of the City of Santa Ana have complained that a nuisance is created in their community by vehicles that are being used for the purposes of illegal drug activity and soliciting or committing acts of prostitution; and B. Persons who use vehicles to solicit or to engage in acts of prostitution or illegal drug activity contribute to blight and increased crime in Santa Ana; and C. Vehicles facilitate the commission of crimes involved with prostitution. Vehicles provide cover to those engaged in soliciting prostitution. Vehicles transport prostitutes and customers onto streets of the City where the vehicle is used as a place to engage in acts of prostitution. The seizure, impoundment and forfeiture of vehicles used in this manner will deter the commission of such crimes and serve to abate the nuisance(s) caused by these illegal activities; and D. Vehicles facilitate the commission of crimes involved with illegal drug activity. Vehicles provide cover to those engaged in buying illegal drugs. Drug purchasers cruise City streets seeking to purchase drugs from drug dealers. Drug dealers use vehicles parked on City streets to hide their drugs and conduct drug sales, exposing members of the community to the violence that often occurs between drug dealers and those individuals purchasing drugs. The seizure, impoundment and forfeiture of vehicles used in this manner will deter the commission of 1 508-2 such crimes and serve to abate the nuisance(s) caused by these illegal activities. Section 2. In accordance with the California Environmental Quality Act (CEQA), adoption of this ordinance does not meet the definition of a "project" under CEQA, as such, the proposed project is exempt from further review per Public Resources Code Section 21065. Section 3. Article XI, Sections 10-600 through 10-611 are hereby added relating to the seizure, impoundment and forfeiture of vehicles: ARTICLE XI SEIZURE, IMPOUNDMENT AND FORFEITURE OF VEHICLES Sec. 10-600. Definitions For the purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth. (a) "Abate" and "abatement" mean an action to seize, impound, forfeit or otherwise remedy a nuisance related activity or condition by such means and in such manner as is necessary to protect the health, safety or general welfare of the public. (b) "Community Property" means an interest in property as defined in California Family Code section 760. (c) "Vehicle" means any transportation device as defined in California Vehicle Code section 670. (d) "Prostitution" means engaging in lewd or sexual conduct for money or other consideration as defined in the California Penal Code. (e) "Business day" means a day that Santa Ana City Hall is open to conduct public business. (f) As used herein, "drug activity" means the purchase or possession of any illegal controlled substance as defined in the California Health & Safety Code or the California Penal Code. 2 508-3 Sec. 10-601. Nuisance vehicles. (a) Any vehicle used to solicit an act of prostitution or in an attempt to solicit an act of prostitution, or used to engage in an act of prostitution, or to loiter for the purpose of soliciting an act of prostitution is hereby declared a public nuisance and may be enjoined and abated as provided herein. (b) Any vehicle used to acquire or in an attempt to acquire a controlled substance, is declared to be a public nuisance and shall be enjoined and abated as provided herein. (c) Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance. Sec. 10-602. Seizure of vehicles. (a) A peace officer may seize a vehicle subject to forfeiture under the following circumstances: (1) Upon the issuance of a forfeiture order by a court having jurisdiction over the vehicle. (2) Incident to an arrest for any offense related to the illegal activities descri bed in section 1 0-60 1 (a) or section 10-601 (b). (3) Incident to a valid search warrant for any offense related to the illegal activities described in section 10-601(a) or section 10-601(b). (4) When there is probable cause to believe the vehicle was used in violation of this chapter. (b) A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code section 1412 and deliver it to the person from whose possession the vehicle was seized. Sec. 10-603. Title to vest in the City of Santa Ana. Subject to the provisions of this chapter, all rights, title and interest in any vehicle shall vest in the City of Santa Ana immediately upon commission of the act giving rise to the public nuisance as described herein. Unless a 3 508-4 vehicle is released as a result of a post-seizure hearing, a vehicle seized shall be impounded for 30 days regardless of ownership and subject to disposition as provided herein. Sec. 10-604. Seizure, impoundment, notice, and post-seizure hearing procedure. (a) Except as provided herein, all vehicles seized shall be impounded for not less than 30 days. If the Police Chief does not order a vehicle forfeited it shall be released to the registered owner(s), legal owner(s) or to an authorized agent subject to the payment of fees and costs arising from impoundment. (b) Within two business days following the day of seizure of the vehicle, the Police Department shall send notice of seizure and impoundment by certified mail, return receipt requested, to each registered and legal owner of the vehicle at the address as shown in the records of California Department of Motor Vehicles or records of the state in which the vehicle is registered, informing the registered and legal owner(s) that the vehicle has been seized, impounded and may be subject to forfeiture. (c) If a vehicle is impounded for 30 days and thereafter is not claimed by the registered owner(s), the legal owner(s) or an authorized agent, within 30 days of issuance of the notice in 1 0-604(b), the City will sell the vehicle at lien sale to recover the towing and storage charges related to impoundment, any parking fines, penalties, and administrative fees. (d) Notwithstanding any other provisions of this chapter, the registered owner(s) and or the legal owner(s) shall be responsible for all towing and storage charges related to impoundment, any parking fines, penalties, and administrative fees incurred by the registered owner. (e) The City shall not be liable to the registered owner for the release of the vehicle to the legal owner, or the legal owner's agent, provided the legal owner(s) produce documents demonstrating legal ownership of the vehicle at the time of the release. (f) The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in 1 0-604(b) with the opportunity for a post-seizure hearing to determine the validity of the seizure or to seek an early release of the vehicle based on one of the criteria set forth in section 10-608(a)-(c). The post-seizure hearing shall be conducted within two business days of the request for the hearing. The 4 508-5 public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement. Sec. 10-605. Vehicles held as evidence. A vehicle seized pursuant to this chapter, where appropriate may be held as evidence in any proceeding brought by the District Attorney. Sec. 10-606. Forfeiture. Subject to the provisions of this chapter, the Chief of Police may order the forfeiture of a vehicle seized and impounded as follows: (a) An Order of Forfeiture shall include: (1) A statement by the Chief of Police declaring the vehicle forfeited to the City. (2) A description of the vehicle. (3) The date and place of seizure. (4) The unlawful act(s) alleged as the basis for forfeiture of the vehicle. (5) Instructions and a form for filing a Claim Opposing Forfeiture. (6) The time limits for filing a Claim Opposing Forfeiture. (7) An estimate of the value of the vehicle. (b) The Order of Forfeiture shall be served as follows: (1) The Order of Forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon all registered and legal owners of the vehicle. (2) In the event that a registered or legal owner refuses to accept certified return mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by anyone of the following methods: 5 508-6 (i) By leaving a copy of the Order of Forfeiture at the registered or legal owner(s) dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the registered or legal owner(s) where the copy was left. (ii) By leaving a copy of the Order of Forfeiture during usual business hours at the registered or legal owner(s) business address with the person who is apparently in charge and thereafter mailing by first class mail a copy to the registered or legal owner(s) where the copy was left. (3) If the registered or legal owner(s) lives or is located out of state and will not accept certified return receipt mail, then service may be made by first class mail. (4) If the registered or legal owner(s) cannot be located, or service cannot be affected as set forth in this subsection, service may be made by publication in a local newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. (c) An Order of Forfeiture shall be served as soon as practicable, but no later than 30 days following the date the vehicle was seized. If the Chief of Police fails to order the forfeiture of the vehicle within the 30 days, the vehicle shall be released to the registered owner(s), legal owner(s) or an authorized agent at the end of the 30 day impoundment subject to the payment of fees and costs arising from impoundment. (d) If no Claim Opposing Forfeiture is timely filed pursuant to section 10- 607, the Chief of Police shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle as provided by this chapter. A written declaration of forfeiture signed by the Chief of Police under this chapter shall be deemed to provide good and sufficient title to the purchaser of the forfeited vehicle. A copy of the declaration of forfeiture shall be mailed to the person listed in the receipt given at the time of seizure and to all registered and legal owners of the vehicle. (e) If a Claim Opposing Forfeiture is timely filed pursuant to section 10- 607, then the Chief of Police shall request the City Attorney to file a petition of forfeiture with the Superior Court within 30 days of the receipt of the claim(s). The petition of forfeiture shall seek a court order adjudging that 6 508-7 the vehicle was used for one or more of the nuisance purposes set forth herein, that the vehicle is a public nuisance and ordering the vehicle be forfeited, sold, and the proceeds distributed as set forth herein. A copy of the petition of forfeiture shall be mailed to each person filing a Claim Opposing Forfeiture. Sec. 10-607. Claim opposing forfeiture. (a) A person opposing an Order of Forfeiture for a vehicle seized pursuant to this chapter must file a Claim Opposing Forfeiture. (b) If the Order of Forfeiture was served by personal or substitute service, the time for filing a Claim Opposing Forfeiture is ten calendar days. (c) If the Order of Forfeiture was served by publication, the time for filing a Claim Opposing Forfeiture is 30 calendar days from the date of first publication of the Order of Forfeiture. (d) If the last day to file a Claim Opposing Forfeiture falls on a day that Police Department is closed, then the Claim Opposing Forfeiture must be filed no later than the close of business on the next business day for the city. (e) The provisions of California Code of Civil Procedure section 1013 shall apply to this service of the Order of Forfeiture pursuant to this section. (f) Each person filing a Claim Opposing Forfeiture must state what ownership interest they have in the vehicle. (g) All Claims Opposing Forfeiture must be filed with the Office of the Chief, Santa Ana Police Department. (h) With respect to vehicles for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used in violation of this chapter. 7 508-8 Sec. 10-608. Vehicles not subject to forfeiture. (a) A vehicle is not subject to the 30 day impoundment or forfeiture and the City shall release a vehicle to the registered owner or legal owners or to an authorized agent under any of the following circumstances: (1) When the vehicle was a stolen vehicle. (2) When the vehicle is subject to bailment and was driven by an employee of the bailee; such as a parking lot attendant or a garage mechanic. (b) A vehicle is not subject to forfeiture if a community property interest existed in such vehicle prior to the act giving rise to the nuisance under this chapter and the community property interest owner meets all of the following requirements: (1) The community property interest owner requests release of the vehicle from the Chief of Police prior to disposal of the vehicle by forfeiture. (2) The community property interest owner submits proof to the Chief of Police that a community property interest existed prior to the date of the act giving rise to the nuisance. (3) The community property interest owner submits proof to the Chief of Police that the vehicle is the only vehicle available to them and that the vehicle is one that may be operated with a class C driver's license. (4) The community property interest holder submits proof to the Chief of Police that he or she, or an authorized driver other than a defendant in any criminal trial arising out of the act giving rise to the nuisance, is properly licensed and that the seized vehicle is properly registered and insured pursuant to the California Vehicle Code. (5) The community property interest holder is not a criminal suspect in a police investigation of the act giving rise to the nuisance under this chapter. (6) All towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law are paid. (7) The community property interest owner signs a stipulated vehicle release agreement, in consideration for which the vehicle will not be forfeited. This requirement applies only if the community property owner requests release of the vehicle under this section. 8 508-9 (c) A vehicle is not subject to forfeiture if the registered owner(s) or legal owner(s) of the vehicle is a rental car company and at the time of the seizure of the vehicle it was rented for a period of 30 days or less. The rental car company shall pay all towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law. (d) Prior to release of a vehicle to a person identified in subsections (a)- (c) of this section, a hold harmless agreement shall be executed by such person. Sec. 10-609. Recovery of monetary loss. Nothing herein shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this chapter. Sec. 10-610. Disposal of vehicle and distribution of proceeds. (a) In all cases where vehicles seized pursuant to this chapter are forfeited to the City, the vehicles shall be sold, or otherwise disposed of, the proceeds shall be distributed and appropriated as follows: (1) To any lender, finance company or lien holder with an interest in the vehicle, if any, up to the amount of security interest in the vehicle. (2) Each department of the city that incurred costs related to the seizure, impoundment, forfeiture and disposal of the vehicle shall be reimbursed. (3) All remaining proceeds shall be distributed to the general fund. (4) The funds distributed to a City Department pursuant to this section shall not supplant any funds that would, in the absence of this section, be made available to support those departments. Sec. 10-611. Alternative settlement procedures. Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle which has been seized in accordance with this chapter may request to execute a voluntary settlement agreement with the City for the return of the vehicle. Such request may be made in writing or verbally to the City Attorney's office. The minimum amount of the settlement fee shall be sufficient to cover all of the City's reasonable administrative costs, including attorney's fees and 9 508-10 personnel time for the seizure and forfeiture action. The actual amount shall be at the sole and absolute discretion of the City Attorney. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order or cashier's check. All settlements funded shall be distributed as set forth in Section 10-610 (a)(2) and (a)(3). Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney 10 508-11 AYES: Councilmembers 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 that the attached Ordinance No. NS-2679 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 11 508-12 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 APPROVED TITLE: RESOLUTION FOR SAFE SURRENDER SITE PROGRAM o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For - /' / I i - ( ... I:. -/'7 ../)-.- , ,~ .-, ..-'/ . (~:'Vl-'-_ v"'" J <J L ",~_. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution requesting the Orange County Board of Supervisors to include all fire stations within the City of Santa Ana as designated safe surrender sites for newborns. DISCUSSION Since 1999, over 40 states have passed legislation designating safe surrender conditions for parents to relinquish infants they are unable to care for. The California Safely Surrendered Baby Law, also known as the Safe Haven Law or Newborn Abandonment Law, went into effect on January 1, 2001. The purpose of the law is to protect babies from being hurt or killed when they are abandoned in unsafe areas, such as trash bins or dumpsters. Current State law allows a parent or legal guardian to anonymously surrender an infant, three days old or younger, to any hospital emergency room or other site designated by the County Board of Supervisors. Each County Board of Supervisors designates the safe surrender sites within their jurisdiction. To date, the Orange County Board of Supervisors has designated Orangewood Children's Home and all hospital emergency rooms. The Los Angeles County Board of Supervisors, however, has included all county and municipal fire stations as safe surrender sites. Information generated by radio and print media originating in Los Angeles may create confusion for Orange County residents by announcing that all fire stations are safe surrender sites. Orange County fire officials are now concerned that infants may be abandoned at Orange County fire stations. In order to ensure the safety of newborns, it is important that the Orange County Board of Supervisors designate all municipal and county fire stations are safe 55A-1 Resolution for Safe Surrender Site Program February 22, 2005 Page 2 surrender sites and implement procedures for accepting infants. Additionally, the Health & Safety Code confers civil, criminal, and administrative immunity upon the safe surrender site and their personnel. FISCAL IMPACT If included, the program would require the purchase of mother and child identification wrist bands and the posting of signs to identify Santa Ana fire stations as safe surrender sites at a cost of approximately $800. The Orange County Fire Authority, representing 22 cities, will be seeking Proposition 10 funds to cover the expenses related to this program. However, if required, funds are available in the Fire Department's Suppression/EMS, Other Materials & Supplies account (account no. 011-323- 6391) . (/ , APPROVED AS TO FUNDS AND ACCOUNTS: ip M. Gar" . Chief Department '"{.~~t' ~~(' l.2) 1\ ~~..: ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~/ 55A-2 RESOLUTION NO. 2005-024 MJV 02-14-2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S PARTICIPATION IN THE SAFE SURRENDER SITES PROGRAM AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO DESIGNATE ALL MUNICIPAL FIRE STATIONS WITHIN THE CITY OF SANTA ANA JURISDICTION AS "SAFE- SURRENDER SITES" FOR NEWBORNS 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. California Health and Safety Code section 1255.7, known as the "Safe Haven Law," was enacted in 2000 in response to widespread reports of babies being abandoned in trash bins and restrooms, and on the highways, and being discovered dead or in life-threatening medical and physical condition. B. The "Safe Haven Law" encourages persons with custody of unwanted newborn children to anonymously surrender the newborn so that it may receive immediate medical attention. C. According to the California Department of Social Services, in the first two years that the "Safe Haven Law" was in effect, 20 babies were safely surrendered; but 88 babies were still illegally abandoned, 20 of whom died. D. The "Safe Haven Law" provides that (a) a parent or person having lawful custody of a child 72 hours old or younger, who delivers the child to a designated "Safe- Surrender Site," would be immune from criminal prosecution, (b) a person accepting custody of a newborn at a "Safe-Surrender Site" must notify the County Child Protective Services Agency within 48 hours, and (c) permits the person surrendering a newborn to anonymously provide medical information to the person accepting custody. E. The "Safe Haven Law" defines a "Safe-Surrender Site" as a location "designated by the board of supervisors of a county" to be responsible for accepting physical custody of a newborn. F. The Safe Haven Law provides immunity for the safe surrender site and the personnel of the safe surrender site from civil, criminal, and administrative liability. Resolution No. Page 1 of 2 55A-3 G. The City Council of the City of Santa Ana strongly supports the "Safe- Surrender Site" program and desires that all City of Santa Ana fire stations be designated as "Safe-Surrender Sites. Section 2. The City Council of the City of Santa Ana approves City's participation in the Safe Surrender Sites program and hereby formally requests that the Orange County Board of Supervisors designate all fire stations within the City of Santa Ana jurisdiction as "Safe-Surrender Sites" pursuant to California Health and Safety Code section 1255.7. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Council members: NOES: Council members: ABSTAIN: Council members: NOT PRESENT: Council members: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-024 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. Page 2 of 2 55A-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: RESOLUTION REQUESTING EXTENSION OF APPOINTMENT OF THE INTERIM POLICE CHIEF APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For w-- .'( (}JI2a-~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a Resolution to request the Board of Administration of the Public Employees' Retirement System to extend employment of the Interim Police Chief in accordance with the California Government Code. DISCUSSION The City has appointed an Interim Police Chief to serve as the City of Santa Ana's Police Chief, for limited duration. Under this temporary appointment the Interim Police Chief may not exceed 960 hours in a calendar year as the Interim Police Chief is a retired member of the California Public Employees' Retirement System (CaIPERS). The temporary employment is required because of the incumbent's specialized skills in law enforcement and knowledge of the Santa Ana Police Department and community. The California Government Code Section 21221 (h) provides that when an appointment to a position is of a limited duration and is expected to exceed 960 hours in any calendar year, the governing body may request approval of the CalPERS Board of Administration to extend the temporary employment beyond 960 hours in a calendar year. The subject action will request the CalPERS Board of Administration to extend the temporary employment of the Interim Police Chief to assist in the recruitment and training of internal candidates to compete in the selection of a successor Police Chief. FISCAL IMPACT This action will have no fiscal impact. Enriqu Execut e Di tor Personnel Services Department 558-1 RESOLUTION NO. 2005-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING APPROVAL FROM THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR THE APPOINTMENT OF THE INTERIM POLICE CHIEF TO EXCEED 960 HOURS DURING THE 2005 CALENDAR YEAR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Paul Walters ("Interim Police Chief") was appointed to serve as the Interim Police Chief, for a limited duration. B. The Interim Police Chief is a retired member of the California Public Employees' Retirement System (CalPERS) and, with certain exceptions is permitted to serve for not more than 960- hours for any PERS covered employer in any year without reinstatement from retirement or loss or interruption of benefits. C. The Interim Police Chief possesses specialized skills acquired from a long and distinguished career in law enforcement, including previous service as a Police Chief in California. D. The City of Santa Ana previously deemed the position of Interim Police Chief to be a position of limited duration and requiring specialized skills. E. Government Code Section 21221(h) provides that when an appointment to a position deemed by the governing body to be of a limited duration and requiring specialized skills is expected to, or will, exceed 960-hours in any calendar year the governing body shall request approval from the CalPERS Board of Administration to extend the temporary employment. 558-2 F. The City has determined that the appointment of the Interim Police Chief will exceed 960-hours during the 2005 calendar year and that it is desirable to retain the Interim Police Chief because of his knowledge of the Santa Ana Police Department and the Santa Ana community. G. The Interim Police Chief's knowledge and expertise are also required to assist the City of Santa Ana in recruiting a qualified successor Police Chief to meet the community's service needs, to continue development of internal candidates to compete for selection as successor Police Chief, and to provide continuity and stability in the City's public safety and security services during this process. H. It is now desired by the City Council of the Ci ty of Santa Ana to request of the Board of Administration of the California Public Employees' Retirement System ("Board") to allow employment of the Interim Police Chief to extend beyond the 960 hour limit for the balance of the 2005 calendar year, unless sooner terminated by reason of the appointment and assumption of duties of a successor Police Chief of this City. Section 2. The City Manager or his designate shall provide for the transmission of this resolution to the Board prior to the expiration of the 960-hour maximum for the calendar year. Section 3. The Clerk of the Council shall certify to the adoption of this Resolution and shall cause this Resolution and the certification to be entered in the Book of Resolutions of the Council of the City. 558-3 day of ,2005. ADOPTED this Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: 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. 2005-025 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 558-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS AND ANNUAL BUDGET ~ fl/ba CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a Resolution that amends the City's Basic Management and Non- Management Classification and Compensation Plans (Resolution Nos. 91-066 and 82-110) and amends the Fiscal Year 2004-05 Annual Budget to reflect these changes. DISCUSSION The following proposed changes are part of an ongoing effort to ensure that the City's Basic Classification and Compensation Plans reflect current organizational needs and establish salary rates at market competitive levels. I. Community Development Agency A recent review of Agency staffing levels in relation to existing and anticipated workload concluded that current staffing in the Agency's various programs is below those recommended to meet program needs in an optimal manner. In response, the Executive Director of the Community Development Agency is requesting the addition of one Senior Management Analyst position to perform duties related to grant administration and comply with recommendations about appropriate staffing levels. II. Library Recently essential the Personnel Services department conducted a functions performed by a position classified review of the as Accounting 550-1 cs. 383 Classification/Compensation Plan February 22, 2005 Page 2 Assistant. The review determined that the incumbents' duties and responsibilities, especially those that pertain to purchasing, budgeting and contract monitoring, are more consistent with the classification Senior Accounting Assistant than her current classification. Accordingly, the Library Director proposes that one Accounting Assistant position be reclassified and reallocated to Senior Accounting Assistant. III. Finance and Management Services The newly appointed Executive Director of Finance and Management Services recently conducted a review of his agency's functions and structure. This analysis, assisted by the Personnel Services Department, included an examination of the duties and responsibilities of various job classifications and an evaluation of workload. As a result of this review, the Executive Director is proposing the creation of a mid-management classification titled Assistant Director of Finance and Management Services. This position will perform responsible administrative and managerial work in planning, organizing and directing the activities of the Finance and Management Services Agency and will act as Executive Director in the incumbent's absence. In order to staff this new job title, the Executive Director requests a budget reallocation, such that the currently vacant position of Accounting Manager is reallocated to Assistant Director of Finance and Management Services. The Executive Director of Finance and Management Services also proposes the creation of a professional classification titled Purchasing Supervisor and the reallocation of one Supervising Buyer position to this new classification. The Purchasing Supervisor will be responsible for not only supervising the City's purchasing functions and coordinating bid processes, but also for overseeing the accounts payables functions of the Purchasing Division. IV. Police Department The Police Chief has conducted a similar review of organizational structure and has identified certain changes that will improve the department's ability to provide services in a more efficient and cost-effective manner. It is proposed that two vacant Communications Services Officer positions be deleted and one Police Services Dispatcher be added to the Department' s budget. These changes will increase the Department's efficiency in responding to calls for service and also result in a net savings to the department's budget. 550-2 Classification/Compensation Plan February 22, 2005 Page 3 The Police Chief also proposes the addition of lead pay compensation for the Firearms Examiner classification. In the past ten years, the scope of this position has increased significantly to include oversight of employees in the department's Crime Lab in addition to assigned responsibilities in the area of firearm and ballistic evaluation. The designation of "lead" and commensurate compensation reflect the incumbent's added responsibility to guide, assist and train other employees involved in the collection and analysis of evidence. Finally, in order to alleviate a backlog of work in testing, comparing and processing firearms evidence, the Police Chief proposes the creation of a part-time classification titled Forensic Ballistics Technician. This classification will be responsible for evaluating firearms and ballistics, allowing the Police Department to link weapons, shell casings and bullets to crimes. Creation of the part-time classification will provide the department with greater flexibility when responding to changing workload levels and will facilitate the timely evaluation of evidence critical to criminal investigations. V. Personnel Services Agency A recent study of the Workers' Compensation Administrator (AM) classification indicated that Santa Ana's classification is significantly undercompensated in relation to comparable positions in similar agencies as well as other City administrative management classifications. Therefore, the Executive Director of Personnel Services is requesting an equity adjustment to appropriately compensate the incumbent and ensure that Santa Ana's classification remains competitive in the labor market. VI. Public Works Agency The Public Works Agency has conducted an analysis of the duties and responsibilities of the Transportation Manager position following the departure of the incumbent. Currently, this mid-management classification heads a division that includes both transportation services and development services. However, the organizational review has concluded that the agency would be better served by reassigning the transportation services duties to the Traffic Engineering section, under the supervision of the City Traffic Engineer, and reassigning the responsibilities in development services to a Principal Civil Engineer in the Engineering Services Division. 550-3 Classification/Compensation Plan February 22, 2005 Page 4 Consequently, the Executive Director of Public Works proposes to reallocate the Transportation Manager position to Principal Civil Engineer. As both classifications are set at the same salary range, no change in compensation is required. FISCAL IMPACTS The fiscal impact figures below represent estimated costs and savings for the remainder of the fiscal year. Community Development Agency Addition of one Senior Management Analyst position: $25,784 Library Reallocation of one Accounting Assistant position to Senior Accounting Assistant: $1,164 Finance and Management Services Reallocation of one Accounting Manager (MM) position to Assistant Director of Finance and Management Services (MM) $2,068 Reallocation of one Supervising Buyer position to Purchasing Supervisor: $1,832 Police Department Deletion of two Community Services Officer positions: savings of $33,888 Addition of one Police Services Dispatcher position: $19,148 Addition of nlead" pay compensation for Firearms Examiner: $1,224 Creation of part-time Forensics Ballistics Technician: no fiscal impact Personnel Services Agency Salary upgrade for Workers' Compensation Administrator (AM) classification: $2,492 550-4 Classification/Compensation Plan February 22, 2005 Page 5 Public Works Agency Reallocation of Transportation Manager (MM)to Principal Civil Engineer (MM) no fiscal impact APPROVED AS TO FUNDS AND ACCOUNTS: '\~~:""'., ~~;:... FranC1SCO Gutlerrez Executive Director Finance and Mgmt. Services Agency c:/J Pa ricia C. Whitaker Executive Director Community Development Agency , fi!- ROb.Richard Library Director l .. c t \.-'--v l v( - , Paul M. Walters Police Chief r' }tA' {~ Jame Ross \ Executive Director Public Works Agency 550-5 RESOLUTION NO. 2005-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS, AND TO AMEND THE CURRENT ANNUAL BUDGET TO ADD, DELETE AND REALLOCATE POSITIONS IN SEVERAL CITY DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91- 066, re-establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96-095, re-establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. On June 21, 2004, the City Council passed and adopted Ordinance No. NS-2653, which established the City's Annual Budget, authorized position allocations for Fiscal Year 2004-2005, and set forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. F. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market. 550-6 G. The Executive Director of Community Development proposes to add one full time position to the current Annual Budget. H. The Library Director proposes to reallocate one full time position in the current Annual Budget. I. The Executive Director of Finance and Management Services proposes to create two new full time classification titles, and to reallocate two full time positions in the current Annual Budget. J. The Police Chief proposes to create one new part time classification title, add special compensation to one full time classification, and amend the current Annual Budget by deleting two full time positions, and adding one full time position. K. The Executive Director of Personnel Services proposes that the salary for the Administrative Management classification of Workers' Compensation Administrator (AM) be increased. L. The Executive Director of Public Works proposes to reallocate one full time position in the current Annual Budget. M. It is now desired to amend Council Resolution Nos. 82-110, as amended, 91-066, as amended, and 96-095, as amended, and Ordinance No. NS- 2653, the Fiscal Year 2004-2005 Budget, as amended, in order to effect these changes. Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by adding the following classification title at the Salary Rate Range and effective date indicated: 6-Step Salary Rate RanQe (SRR) Effective 3/01/05 Class Title 3/01/05 SRR 656 Annual Salary (Min-Max) Purchasing Supervisor ($61,512-78,504 ) Section 3: That Section 3.1 Special Compensation Provisions (Applicable to Full Time Civil Service Emplovees Onlv, Unless Otherwise Specified) of Resolution 82- 110, as amended, is hereby further amended by adding the following pay designation "ww" to the list of special compensation provisions: "(ww) Incumbents in the class of Firearms Examiner who, at the discretion of the appointing authority, are regularly and continuously assigned to serve in a "lead" supervisory capacity, will be paid an additional ten (10) salary rate ranges 550-7 (approximately 5%) above the current base monthly salary step to which they would otherwise be entitled." Section 4: That Section 3.5.1 Class Titles and Wao,e Rates for Seasonal and Other Unaffiliated Cateqories of Non-Civil Service Part-Time Emplovment of Resolution No. 82-110, as amended, be further amended by adding the following part-time title, assigned to the five (5) hourly pay steps set forth below: Basic Hourlv Wao,e Rates Effective 3/01/05: Class Title Forensic Ballistics Technician Step A $21.10 Step B $22.16 Step C $23.27 Step D $24.44 Step E $25.66 Section 5: That Section 3B of Resolution No. 91-066, as amended, is hereby further amended by: A. adding the classification title of Assistant Director of Finance and Management Services at the fifteen-step salary rate range of MM-28 ($91,044-128,616). B. designating the newly created classification title of Assistant Director of Finance and Management Services as Middle Management by assigning the parenthetical identifier "MM" after this classification title. Section 6: That Section 3 of Resolution No. 96-095, as amended, is hereby further amended by providing an equity salary adjustment to the following class title: 5-Step Salary Rate Ranqe (SRR) Effective 3/01/05 Class Title FROM Annual Salary No. (Min-Max) TO No. Annual Salary (Min-Max) Workers' Compensation Administrator (AM) AM673 ($66,828-81,216) AM691 ($72,960-88,692) Section 7: That Ordinance No. NS-2653, the Annual Budget for Fiscal Year 2004-2005, as amended, shall be further amended by: A. adding to the Community Development Agency one Senior Management Analyst (UC) position. B. adding to the Police Department one Police Services Dispatcher position. C. deleting from the Police Department two Communications Services Officer positions. 550-8 D. reallocating one position in the Library from the classification title of Accounting Assistant to the classification title of Senior Accounting Assistant. E. reallocating two positions in Finance and Management Services as follows: one position from the classification title of Accounting Manager (MM) to the classification title of Assistant Director of Finance and Management Services (MM); and one position from the classification title of Supervising Buyer to the classification title of Purchasing Supervisor. F. reallocating one position in the Public Works Agency from the classification title of Transportation Manager (MM) to the classification title of Principal Civil Engineer (MM). Section 8: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, Resolution 91-066, as amended, Resolution 96- 095, as amended, and Ordinance No. NS-2653 setting forth the Annual Budget for Fiscal Year 2004-2005, as amended, shall remain in full force and effect. Section 9: That this Resolution shall be operative from and after March 1, 2005 ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Cou ncil members 550-9 ABSTAIN: Council members NOT PRESENT: Cou ncil members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-026 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 550-10 .- REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: J ); . FEBRUARY 22, 2005 TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET - TRANSACTION FINANCIAL CORPORATION, APPLICANT t24a CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt an ordinance approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. PLANNING COMMISSION ACTION Recommended that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt an ordinance approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 75A-1 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 22, 2005 Page 2 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. At its December 13, 2004 meeting the Planning Commission adopted a resolution approving the actions above as conditioned by a vote of 6: 1 (Sinclair opposed) to allow a mixed use development within the Specific Development No. 59 (SD-59) zoning district at 2775 North Main Street. DISCUSSION After taking public matter and directed following: input staff on February 7, to work wi th 2005 , Counc i I the applicant continued the to amend the 1. Part II of the Specific Development to permit: a. 185 dwelling units as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565 b. One (1) dwelling unit per acre as a holding zone on lot 1 of Vesting Tentative Tract Map No. 16565 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this project. 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. 6. Delete Section 5.1.2 of the Development Agreement related to development of commercial component tied to development of hold back residential units. 75A-2 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 22, 2005 Page 3 All items have been revised to address the direction of the Council. In addition, an exhibit titled Clarifications to the Draft Environmental Impact Report (Exhibit B) has been provided to address comments raised at the City Council meeting. To facilitate the City Place development proposal, a series of actions are necessary. Those actions include Environmental Impact Report, Zoning Ordinance Amendment, Development Agreement, Conditional Use Permit, Vesting Tentative Tract Map and Site Plan Review. Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this proj ect. The environmental issues analyzed in the EIR include aesthetics, air quality, cultural resources, land use, hazardous materials, hydrology/water quality, noise, traffic and circulation, public services and utility services. The environmental impact report has identified a significant and unavoidable impact to air quality and traffic. No feasible mitigation measures are available to reduce these impacts. Accordingly, a Statement of Overriding Considerations will be needed in order to approve the project. All other potential impacts associated with the project were determined to be less than significant or were provided with mitigation to reduce impacts to a level considered less than significant. Zoning Ordinance Amendment In 1993, a specific development zone (SD-59) was approved on the site to accommodate an extremely intense mixed-use project. The entitlement included a 22 and 32-story office tower, 19-story residential tower (216 units), hotel, parking structure, restaurants, health club, retail space, cinemas and live theater, and attached residences (64 units). The total proj ect gross square footage was 1,964,770 with parking to accommodate 5,464 spaces. The specific development plan proposed for City Place incorporates the intent of the previous entitled project without the high-density residences or intensity of commercial space. The specific development text lays out criteria for the review of the project. Due to the lower scale and intensity of the proposed project, the development of the site is in many ways different than that previously approved and therefore requires an amendment to the current SD-59. 75A-3 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 22, 2005 Page 4 Development Agreement The development agreement establishes development intensity, density, permitted uses and standards for the term of the agreement. In exchange for the City vesting the standards and changing allowable intensity, the development agreement requires certain public benefits. The main points of the agreement include the term, residential high-rise consideration, public art, Inclusionary Housing fee, Santiago Park Improvement fee, In- lieu park fee, CC&R's (Conditions, Covenants and Restrictions) and Cultural In-lieu fee. Conditional Use Permit A conditional use permit has been requested to allow the live-work component of the proj ect . Should the Zoning Ordinance Amendment be approved, a conditional use permit will be required for any proposed live-work project within SD-59 zoning district. The live-work component is envisioned to create an urban element while providing a transition between the commercial uses and residential living. As the overall plan is proposed, the live-work component is encouraged to link the components and accentuate the District Center urban character. Vesting Tentative Tract Map A vesting tentative tract map is requested to allow the subdivision of land and future residential condominiums. The vesting nature of the map ensures that the standards to be applied to the proj ect will be those adopted with the approval of the map. Site Plan Review Santa Ana Municipal Code requires approval of all plans development area to ensure the project is in conformity development standards. The proj ect as designed is in standards within the zoning ordinance amendment and applicable development standards. within a specific with the specific keeping wi th the with all other The Planning Commission, after conducting public hearings on October 25, 2004 and December 13, 2004, added the following changes to the recommended conditions of approval and mitigation measures: A) Require the use of unit pavers in areas primarily designated for pedestrian use. 75A-4 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 February 22, 2005 Page 5 B) Amend Page 19 of Specific Development to prohibit parking and storage of boats, trailers and recreational vehicles on site. C) Amend Page 28 of Specific Development to prohibit use of opaque/painted glass in retail uses so as to maintain transparency and the pedestrian orientation of the project. D) Place a restriction on the use of the cultural in-lieu fees towards development or construction of a theater. E) Add a mitigation measure to change the hours of construction to 7:30 a.m. to - 4:30 p.m. Monday through Saturday. F) Require an In-lieu park fee to be paid by the developer and used within the northeast quadrant of the city and keep park fees within Santiago Park. G) Require a crosswalk and associated traffic signal at Crescent and Memory Lane leading towards Santiago Park. All conditions of approval are outlined in the attached staff report (Exhibit A) . FISCAL IMPACT The project, with approval of the development agreement, will provide a positive fiscal impact to the city. The fees anticipated are as follows: · Cultural in-lieu fee - $400,000 · Inclusionary Housing Fee - $3,000 per unit (estimated $723,000) · Santiago Park Improvement Fee $1.64 per usable square foot (estimated $776,000) · In-lieu Park Fee $35.50 per square foot or an estimated $1.79 million (This fee would be offset, or reduced by the Santiago Park Improvement Fee, resulting in a net in-lieu park fee of $1.01 million) A;A~ Stephen G. Har ng Executive Director Planning & Building Agency SK:rb sk\reports\city place.02220S.cc 75A-5 THE FOllOWING ATTACHMENTS A-N REFLECT REVISIONS TO THE ARCHITECTURAL SHEETS AS A RESULT OF COUNCil DIRECTION 75A-6 Illl S)'Jd)111 )1\1 ~IIII I , lapeN ~IIII (90MIZ '^3H) vO/60/E NOISSI~8nS3H aNi: - M31^3H NVld 311S a ~ 01 V 1 va 1~3rOHd ~ ~ Ci:! ~. VINHO:lIlV~ 'VNV V1NVS 3N'o'l AHO~3~ ~ 133H1S NIV~ 1S3M 3~Vld AlI~ ~mm~~ ~mdm !mm~~ i l _ ii ~l I H II i -..~~II~. mlo!~~l'~ iWhiit mmm J~~ I Hh ~ ~ - . 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(lfY PL\CE WLSr ,# ~f \,i/ .0 ill '(I fEBRUARY 22, 2005 1.. 10 ~ ATTACHMENT H L-3 LANDSCAPE PLAN 75A-14 (IfY PL\Cf WLSr B!_ !:_~J:,':.l":'>~;."._ll . ll. -< ~ ~ z o >~ u~. ~I ~. ~ ~ s k h ~ i a ~ Z 0;1. t: IH~.. I' ~, r: iiHf Z H~H J !j ~ I It --,:t. ~~~ i~ "'~ ~i ~ . . -~ .!>, , =-- , Ij i " , ,I i ---- m-~lS - NI...~--~---~--...;..~"-1i -- ;- '\ /" ATTACHMENT I 75A-15 ~ IJ!. "'II. ~ "' ~ . 5 ~h " I' ~ ~ ~ I I . I I - .".- ~ ~; fJ ;0 !i -.. . ~ ~U!~ BH r'.. ii~ ~ ~ ~ggii ~H d. ",I " l<! d fI) z Iii ....~!I! W . fI) ~ O~ fI) 0 - UI.l1 t o :f~ U.g' ~:H u..:Ji .j~ _:n J <;0 ;!8 0N .* Ii':' "l~ o I!! f<l >- -c 0::: W z <C a:: ::EOO ::E <C 3 :::>> ..J -c tn Co) a... C) -c z>-Z _....-c ~ -c D:: - I- <cOZ a.. ~ ; I'. , ... !!~ I, - , ~u ~; I ; i! ~ f I . I { ! 1 ! I I ! I ~ ; ~ I { · . ~ i~ ~!i 5 :i! ih ~~U 11= ~--; I ; ~;;I ii~ ~ ;.:~ I~' '!N i t~~ ~: ~~; ~ ii~' jSi ; gl_; ~I i 1~lil i;:iPP~. 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V'lli. :s: j!!l- ....h ._11' . ~ . /ill! ~:- i ~ ~ i .I ! . i I ! ~ I ~~ : ~~ \ \ REQUEST FOR Planning Commission Action ;~ ~~ /'oucation 1 ~ ~~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET Prepared by Sergio Klotz APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~~~- Executive Direcp~ ~g Manager RECOMMENDED ACTION Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment Nq. 2004- 06. 3. Adopt a resolution approving Development Agreement No. 2004-a4. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. DISCUSSION On October 25, 2004, the Planning Commission held a public hearing regarding numerous entitlement actions to facilitate the City Place mixed use development proposal. At the conclusion of the hearing, the Commission continued the project and directed staff to clarify a list of items while allowing the public review period for the Draft Environmental Impact report to conclude. EXHIBIT A 75A-21 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 2 For reference and review lS the original staff report dated October 25, 2004 (Exhibit 12), responses to Planning Commission comments, staff modifications and the following revised documents: Specific Development 59, Development Agreement 2004-04 and Conditions of Approval. In addition, the public comments received on the Draft Environmental Impact Report and written responses to those comments have been included. The applicant has also supplemented its submittal with an architectural booklet dated December 6, 2004 Exhibit 13 and a matrix (Exhibit 14) outlining changes from the architectural booklet dated August 23, 2004 that the applicant submitted for the Commission's review in the last study session concerning the project. The applicant has provided a copy of the project's development schedule (Exhibit 15). Planning Commission Comments In response to the Planning Commission's October 25, 2004 hearing, staff has summarized the Commission comments in the list below. The underlined areas identify issues or section numbers raised by the Planning Commission followed by staff responses. · Specific Development Zone: Page 4, Item 1. b. Allowed Staff concurs that office uses active commercial center as proposed SD has been revised to uses include would not be envisioned. prohibit these general offices. appropriate in an Therefore, the uses. Page 5, Item 1. d. Cafes and restaurants. Staff strengthening the provision by requiring that restaurants incorporate sit-down dining areas and service. These changes have been incorporated into recommends cafes and full table the SD. Page 8, Item A. 6. Conditional use permit requirement for parking structures. This item is included to accommodate potential future parking needs. Though no parking structure is proposed at present, a future high-rise residential tower may require one. Requiring a conditional use permit for such a future parking structures will enable Planning Commission and City Council to review it in its context and either approve, conditionally approve or delay the proposal. 75A-22 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 3 Page 13, Item 7. a. Plaza and Fountain Design. Clarify the number of pedestrian level water features. The SD has been revised to require six water features for the retail area and seven water features for the residential area. Page 14, e. Clarify decorative paving treatments. Staff has conferred with John Kaliski, the city's consulting urban designer who concurred that the use of stamped decorative asphalt at drive approaches and intersections lS an appropriate material to denote a sense of arrival to the project and to clarify pedestrian linkages. Page 17, Item 1. c. Clarify setbacks along Memory Lane. The applicant has clarified that while areas of the building may be at a minimum distance from the right -of -way, the entry doors will be setback a greater distance. Further, there will be a transition from the public space to semi-private space to the front door of each unit. The narrow setback condition along a segment of Building E will utilize appropriate landscape and architectural treatments to address potential graffiti and aesthetic concerns. The applicant has provided a setback plan wi thin the architectural booklet dated December 6, 2004 (Exhibit 13). Page 18, Items 2 and 3. Aggregate open space. This item from the original SD is recommended to be removed because it added confusion by implying that unbuilt areas of the site should be constructed as open space. The staff report has been revised accordingly. Page 19, Item F. 5. Expand prohibition limited recreational vehicles. Language is recommended to to read boats, recreational vehicles, trailers, storage area prohibited on-site. to parking be revised or similar Pages 44 -48. Clarify whether signage requirements apply to the lofts? Yes, they do. The provisions outlined within the signage section require the submittal of a sign program. The signage section as outlined will allow flexibility in the sign program. Although it is not envisioned that all loft units will utilize fully-public commercial spaces, those that do will be allowed business name recognition. 75A-23 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 4 Are there limitations on the number or location of kiosks? Page 6, Item 5.a. identifies the maximum number of kiosks at five. · Development Agreement: Please add the referenced exhibits. Exhibits A, B, C, D, E and F are attached to the Development Agreement. · Conditions of Approval: Commercially permitted uses should mirror recently approved Santiago Lofts project. Conditions reflect those approved for the Santiago Lofts project. The interior building amenity package should be submitted and approved prior to building permits. Language has been added to Condition A.6. of both the tentative tract map and conditional use permit to include prior to issuance of building permits. CC&Rs should require professional management of the Homeowners Association to maintain the high quality of the project. The Conditional Use Permit (Condition 12) and Tentative Tract Map (Condition 2) have been modified to address the comment. Staff Comments on Applicant's Responses Certain items within the applicant's October 25, 2004 booklet differed from its August 2004 booklet. Accordingly, the applicant has submitted a matrix (Exhibit 14) outlining differences and the reason for the changes. Staff has reviewed the matrix and offers the following comments: 1.) Retail Center. Staff and City's consulting urban designer concur that the change in roof material from clay tile to tile does not reflect a change in quality or appearance. 75A-24 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 5 2.) Landscaping. Staff and City's consulting urban designer concur that the change in the use of all terra cotta planter pots to both terra cotta for smaller pots and pre-cast for large pots does not reflect a change in quality or appearance. 3.) P-2. Exterior Materials. · The change in the use of a sand finish does not reflect a change in quality or appearance. For maintenance purposes, the use of a sand finish is encouraged. Sand finish is known to crack less than smooth finish. · Staff and the City's consulting urban designer concur that the use of Trex siding raises maintenance concerns. The Hardiplank horizontal siding will provide a similar architectural finish without the potential maintenance problems. P-2. Interior Materials. · Staff recommends that the applicant be required to provide a specification list for the kitchen appliances, which will require the General Electric Monogram Series appliances or equivalent. Condition No. 6 of the conditional use permit and tentative tract map has been added to address this issue. · Staff recommends that all kitchen cabinets be of a stain grade hard wood. Condition No. 6 of the conditional use permit and tentative tract map has been added to address this issue. 4.) P-1. Exterior Materials. · Staff and City's consulting urban designer concur that a change to a 10/15 sand finish will not significantly differ from a 20/30 finish. However a condition has been added to require material samples. · The use of Ledgerstone or an equi valent natural material is recommended throughout the project. Staff recommends the use of natural stone wi thin the areas noted for use of Ledgerstone. A condition has been added to require material samples. · The use of composite materials is not recommended in lieu of a metal material. A condition has been added to require material samples. 75A-25 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 6 Interior Materials and Amenities. · Staff and City's consulting urban designer concur that a change to industry standard textures for interior walls and ceilings does not reflect a quality change. A condition has been added to require material samples. · It is recommended by staff that units designed to accommodate stacked washers and dryers be required to include a stacked washer and dryer appliance as an amenity. The rationale for this requirement is that the stacked washer/dryer configuration is designed to save space but is otherwise a less desirable arrangement. New owners may also be less likely to own a stacked washer/dryer appliance. Tentative Tract Map Condition 25 has been added to require material samples. · Staff recommends that the applicant be required to provide a specification list for the kitchen appliances, which list will require the General Electric Monogram Series appliances or equivalent. Condition No. 6 of the conditional use permit and tentati ve tract map has been added to address this issue. 5.) P-3. Exterior Materials. · Staff and the City's consulting urban designer concur that a change to a 10/15 sand finish will not significantly differ from a 20/30 finish. However a condition has been added to require material samples. · A change to eight inch sand blasted concrete block is not recommended, but rather the textured sand blasted four inch high concrete block at raised patios. Tentative Tract Map Condition 15 has been added to require material samples. · The use of composite materials is not recommended in lieu of a metal material. Tentative Tract Map Condition 15 has been added to require material samples. Interior Materials and Amenities. · Staff and City's consulting urban designer concur that a change to industry standard textures for interior walls and ceilings does not reflect a quality change. A condition has been added to require material samples. 75A-26 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 7 · It is recommended by staff that units designed to accommodate stacked washers and dryers be required to include a stacked washer and dryer appliance as an ameni ty. The rationale for this requirement is that the stacked washer/dryer configuration is designed to save space but is otherwise a less desirable arrangement. New owners may also be less likely to own a stacked washer/dryer appliance. Conditional Use Permit, Condition 22 has been added. Provide details of the pedestrian walkways. The applicant has provided a plan within the architectural booklet dated December 6, 2004 indicating the pedestrian linkages throughout the project. Clarify the pavement material and width of walkway through the commercial parking area. The walkway is approximately 8 -10 feet wide with additional landscaping along either side. Stamped asphalt will be utilized throughout the walkway. Sensitivity to existing adjacent parking structure to the north should be addressed. The applicant has provided a plan within the architectural booklet indicating the treatment along this segment of the development site. In order to accommodate plant material that can mature to screen the adjacent structure, a minimum five feet clear width planter is needed. A condition has been added to address this issue. Development Plans: Identify trash enclosures. Enclosures have been noted on the plans in compliance with such regulations, including appropriate screening. Dead end aisles within the residential component. Although the development components have been designed to address pedestrian circulation throughout, vehicular circulation has been limited. Dead end aisle conditions are proposed at locations where only assigned parking will exist. Adequate turning movements have been contemplated in this design. 75A-27 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 8 Drive aisles lack landscaping. The applicant has addressed this item within the booklet dated December 6, 2004. Between garage openings, plant material such as a 'Climbing Rose' and 'Yew Pine' will be installed to add texture and soften these areas. Additionally, Tentative Tract Map, Condition 18 has been added to require a trellis or architectural feature to better articulate the alley facades and provide a framework to support the plant material. How is the parking provided for the Loft component? Parking will be provided in the form of garages and open guest spaces within the rear area of the lofts. Significant on-street parking will also be available along the crescent shaped street. Crosswalks along the crescent shaped street should be provided. The applicant will be working with the Public Works Agency on potential crosswalk opportunities. Appropriate locations will provide decorative pavement, signing and will allow for minimum sight distance per Public Works Agency standards. Loft units have primary view of a parking lot; how is this to be screened? The applicant has noted on the plans the planting of 24-inch box trees along each side of the crescent shaped road. The architectural booklet dated December 6, 2004 illustrates a section of the lofts along the crescent shaped road. Are bedrooms allowed on the ground level for the lofts? A condition similar to that imposed on the Santiago Lofts project is included in the conditional use permit (Condition No. 11). No opaque or painted glass should be used in the retail component, so as not to detract from the pedestrian oriented design. Tentative Tract Map, Condition 17 has been added to prohibit opaque or painted glass in the retail component. 75A-28 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 9 Clarify location of skylights in provided a plan within the December 6, 2004 indicating the units. The skylights will not level. the Lofts. The applicant has architectural booklet dated use of skyl ights wi thin four be visible from the street How do the single-car garages work? The applicant is prepared to discuss the logistics and operation of the single car garages. Two single car garages are provided to some of the units. One of these one-car garages will have direct access to the living units, while the remainder will be connected via a pedestrian link. Santiago Avenue should remain closed. Avenue is not contemplated. Opening of Santiago The entry plaza at Main Street and the crescent shaped street needs to promote a greater sense of pedestrian activity. The applicant is prepared to discuss the design and details for the corner space, recognizing the importance of creating a sense of arrival and architectural statement. Will the roll up doors be motorized? The applicant has indicated that buyers of the Loft units will have an option of motorized or non-motorized rolling doors as an architectural opening into the unit. Staff concurs with the option. Private balconies appear to be across from one another limiting unit privacy. The applicant is prepared to discuss the balcony location and relationship to privacy. The south elevation of Building E should be address graffiti. The plans provide appropriate architectural elements, including vines, to deter designed landscape graffiti. to and What will be the design at the terminus of the fire access lane at Lawson Way? The applicant will be asked to submit a detail outlining the design of the fire access entry location. It is anticipated that the design will include a raised curb along the street, hardscape and a decorative barrier. A condition has been added. 75A-29 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 10 Additional Staff Comments In addition to the items listed above, staff recommends further changes or conditions of approval as noted below. These changes and conditions relate to further proj ect review by staff and the City's consulting urban designer. Specific Development Zone . Page 4, Item 1. c. have been revised to center as envisioned. The uses allowed in the commercial component those appropriate in an active commercial · Page 5, Item 5.a. A maximum of five outdoor sales kiosks or carts are recommended. The size and location of each Kiosk or cart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. · Page 7, Conditionally Permitted Uses, Item A.5. Language has been added to allow uses similar to coffee houses an opportunity to apply for a conditional use permit. Requiring a conditional use permit will enable Planning Commission and City Council to review such uses in their context and either approve, conditionally approve or deny the proposal. · Page 8, Item E.1. Language has been added to clarify only Certified Farmers Markets are allowed. · Page 8, Uses Not Permitted. Language has been added to clarify that uses not specifically listed as being permitted or conditionally permitted are prohibited. · Page 12, Item 4.A.a.i., Parking. Changes to the total allowable commercial square footages, absorbing the live theater square footage. . Page 12, Item 4.A.a.ii. Parking. clarify that any additional square current parking standard. Language has been added to footages shall meet the City's 75A-30 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 11 . Page 15, Item B.a. Public Art. Language has been added to submittal and approval of a comprehensive plan prior issuance of certificate of occupancy. require to the · Page 15. Item B. CC&Rs. Language has been added for clarity. · Page 17, Item 1.c. Language in the SD has been changed to reflect noted setbacks contained within the architectural booklet dated December 6, 2004. . Page 41, Parcels. Item A. Temporary Landscape Adjacent Language has been added for clarity. to Undeveloped · Page 43, Item 12. Language has been added to identify the location of the compatible landscape material across from Santiago Park. Development Agreement · 5.3. Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a 125-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex. Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first building permi t for the proj ect . The City agrees to use this fee for the promotion and encouragement of cultural events and activities designed to serve the citizens of Santa Ana. · Prior to Owner seeking issuance of a building permit for the final 43 residential units in the Project (excluding from this count units within the Residential Tower Study Area (Exhibit F)), or for any residential unit located within the Residential Tower Study Area (Exhibit F hereto) (hereafter collectively referred to as the "Hold Back Units"), Owner shall have first obtained validly issued building permits for one hundred percent (100%) of the commercial component of the Project. Prior to seeking a certificate of occupancy for any of the Hold Back Units, Owner shall have completed all improvements, including site improvements and excluding only tenant improvements, for one 100 percent of the commercial component of the Project. 75A-31 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 12 Conditions of Approval · Add to Tentative Tract Map and Conditional Use Permit - All garages shall provide insulated garage doors with automatic opener and transmitter. · Condition 6 of both the Tentative Tract Map and Conditional Use Permit have been modified to require submittal of the interior amenity package prior to issuance of building permits. Further, the condition outlines minimum appliance and material grades. · Amend Conditional Use Permit (Condition 2) and add to Tentative Tract Map language clarifying the location for shopping cart electronic device to be the retail area including the surface parking area. . Conditional Use Permit (Condition been added to ensure the use of homeowners association. 12) . Additional language professional management of has the · Tentative Tract Map (Condition 2). Additional language has been added to ensure the use of professional management of the homeowners association. · Conditional Use Permit (Condition 4). Language has been included to allow flexibility in building construction by adding the use of either wood or steel construction. · Conditional Use Permit, (Condition 7). taking into account one-car garages. Language has been added · Conditional Use Permit, (Condition 8) Language has been added to specify the number of units, designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. Based on the design and layout of the site, these units have been identified to most likely provide commercial business used by the public. · Tentative Tract Map Condition 15 has been added to require submittal of exterior building amenities, materials and finishes. 75A-32 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 December 13, 2004 Page 13 . Tentative Tract Map, Condition 16 foot clear width planter along accommodate adequate tree planting parking structure. has been added requiring a five the northern property line to in order to screen the adjacent · Tentative Tract Map, Condition 17 has been added requiring the use of clear glass within the retail component. . Tentative Tract Map, landscaping along the support plant material Condition 23 has been added addressing alley facades and provide a framework to in the residential components. · Tentative Tract Map, Condition 24 has been added requiring submittal for review a plan outlining the design of the terminus of the fire access lane. CEQA Compliance At the time of the October 25, 2004 Planning Commission hearing, the draft Environmental Impact Report was available for public review and comment. The public review period closed on November 29, 2004. Exhibit 16 is a compilation of comments received on the environmental document, evaluation and response to comments on environmental issues. Each of the public agencies and interested parties that commented on the draft EIR will be provided a response to their comments. Additionally, Exhibit 17 provides a traffic volume comparison analyzing the affects by replacing the black box theater with retail uses. SK:JM sk\reports\city place_121304_pc 75A-33 REQUEST FOR Planning Commission Action ~-~ ! , i I II ~~- .......... d-ucatlOl} 1 .', /~".' -v- "'- PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: OCTOBER 25, 2004 TITLE: PUBLIC HEARING - EIR NO. 2004-01, ZOA NO. 2004-06, DA NO. 2004-04, CUP NO. 2004-28, VESTING TTM NO. 2004-06 AND SPR NO. 2004-05 TO ALLOW THE CONSTRUCTION OF THE CITY PLACE DEVELOPMENT CONSISTING OF COMMERCIAL AND RESIDENTIAL USES LOCATED AT 2775 NORTH MAIN STREET Prepared by Sergio Klotz -4:L~~ . Executl I recto r APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ing Manager RECOMMENDED ACTION Receive and file the public comments for Draft Environmental Impact Report No. 2004-01. Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004- 06. 3. Adopt a resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06. 6. Adopt a resolution approving Site Plan Review No. 2004-05. DISCUSSION Request of Applicant Mr. Bob Bisno with Transaction Financial Corporation is requesting approval of various entitlement actions for a proposed mixed use project, including certification of the environmental impact report, zoning ordinance amendment, a development agreement, conditional use permit, t5~~3~ ( t!, ,jJl.. EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 2 vesting tentative tract map and site plan review. The proposed project consists of both a commercial and residential component. The commercial segment will provide approximately 57,700 square feet in a variety of sit-down restaurants, retail and theater space. The residential segment will provide 73 live-work lofts and 168 townhouses. Several actions are required to entitle the project: a) the project was identified to have a potential adverse impact and therefore required an environmental impact report; b) a zoning ordinance amendment is necessary to amend the Specific Development No. 59 zoning standards; c) a development agreement defining the terms and nature of development; d) a conditional use permit is required to allow a live-work proj ect; e) a vesting tract map is requested to allow the subdivision of the existing property into seven lots with three of the lots for residential condominium purposes; and f) the project location within SD-59 requires approval of the site plan. Property Description The development site is approximately 17.7 acres at the northeast corner of Main Street and Memory Lane. The proj ect site extends from Main Street on the west to Lawson Way on the east and from Memory Lane on the south to the city border on the north. The subject site is located within Specific Development No. 59 (SD-59) zoning district and has a General Plan Land Use designation of District Center (DC), which permits commercial and residential development. Surrounding land uses include the Main Place Mall and offices to the west; Santiago Park, offices and parking structure to the south; a senior residential development, and offices to the east; and retail, offices and parking structure to the north (Exhibits 1 and 2) . Project Description The City Place land use, planning and design provide a mixture of uses within a common setting. It stresses a people oriented environment where pedestrian and automobile traffic can co-exist on-site to create an experience of urban activity in a safe and high quality setting. The project has been designed with the commercial component oriented to the west end of the site and the residential component on the east. The site has been aligned to allow the development to have a greater presence along all of the frontage streets. The location of the buildings along Main Street, a commercial corridor, provides a link to the corridor and a visual connection to the mall. 75A-35 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 3 Vehicular access to the site will occur along Main Street, Memory Lane and Lawson Way. Loading areas have been provided within the commercial area including a service loading area for Building E (Market E) allowing adequate circulation on-site and architectural integration. The commercial component includes approximately 57,700 square feet of building area, which is oriented towards Main Street and Memory Lane. The uses contained within the commercial area will include sit-down restaurants, retail and live theater. The live-work loft component will extend from Main Street to the north along a curved private roadway to Memory Lane. Seventy-three live-work units are provided ranging in size from approximately 1,496 to 1,771 square feet (Exhibit 3). Vehicular access to the site will occur along Main Street and Memory Lane. Each unit will have an attached two-car garage. The average parking spaces allotted per unit is 2.6. The design of the loft units provides large storefronts, pedestrian level windows, zero setbacks and a height that is consistent in mass, scale and rhythm with other structures in the area. The exterior treatment of concrete paving, aluminum windows and roll up door, cement and metal offers a blend of finishes that are complementary to the immediate area. The townhouse component will provide two designs: The Courtyards and The Park. Both the Courtyard and Park designs provide residential units within a courtyard, with all front doors facing the open area. Access to the townhomes will primarily be from Lawson Way with secondary access from the internal private roadway. The Courtyard will consist of 98 townhomes on 3.94 acres. These units are primarily located at the northeast corner of the development site. The unit sizes range from 1,050 to 1,789 square feet consisting of 78 two- bedroom units and 20 three-bedroom. Two-car garages with direct access to the living space will be provided for each unit. The average parking spaces allotted per unit is 2.4. The exterior finishes will include stone, metal roof, awnings and railing and stucco. The Park will provide 70 townhomes on 3.13 acres. These units are located along the southeastern portion of the site. The units range in size from 1,740 to 2,570 square feet consisting of 22 three-bedroom units and 48 75A-36 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 4 four-bedroom units. Two-car garages space will be provided for each unit. per unit is 2.4. with direct access to the living The average parking spaces allotted Analysis of the Issues Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this proj ect. The environmental issues analyzed in the EIR include aesthetics, air quality, cultural resources, land use, hazardous materials, hydrology/water quality, noise, traffic and circulation, public services and utility services. A draft EIR (DEIR) is intended to inform public decision makers, responsible and trustee agencies, and the general public of the potential effects of the proposed project (Exhibit 4). On July 5, 2004 a Notice of Preparation (NOP) was circulated for the preparation of Draft Environmental Impact Report No. 2004-01. In accordance with CEQA, a draft EIR is being circulated for review and comment by the public, local, regional and state agencies, and interested parties on October 15, 2004 for a 45-day review period. One of the purposes of the Planning Commission's actions is to obtain input from interested members of the public on the DEIR submitted at this hearing. The DEIR has determined that implementation of the project would result in unavoidable adverse impacts to air quality and traffic. All other potential impacts associated with the project were determined to be less than significant or were provided with mitigation to reduce impacts to a level considered less than significant. The City, after the 45-day review period has ended on the draft EIR, will evaluate the comments on environmental issues received from persons or agencies. In accordance with CEQA, each of the public agencies and interested parties that comment on the draft EIR will be provided a response to their comments. Within the DEIR is the Mitigation Monitoring Program for the project. In addition, the Findings of Fact and Statement of Overriding Considerations have been included (Exhibit 5). 75A-37 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 5 The environmental impact report has identified a significant and unavoidable impact to air quality and traffic. No feasible mitigation measures are available to reduce the effect. A statement of overriding consideration will be needed should Environmental Impact Report 2004-01 be certified. Zoning Ordinance Amendment In 1993, a specific development zone (SD-59) was approved on the site to accommodate an extremely intense mixed-use proj ect. The entitlement included a 22 and 32-story office tower, 19-story residential tower (216 units), hotel, parking structure, restaurants, health club, retail space, cinemas and live theater and attached residences (64 units). The total project gross square footage was 1,964,770 with parking to accommodate 5,464 spaces. The specific development district is a customized zoning classification used for unique and/or mixed-use proj ects. The specific development plan proposed for City Place incorporates the intent of the previous enti tIed proj ect without the high-density residences or intensity of commercial space (Exhibit 6). The specific development text lays out cri teria for the review of the proj ect. Due to the lower scale and intensi ty of the proposed proj ect, the development of the site is in many ways different than that previously approved and therefore requires an amendment to the current SD-59. The following highlights those changes: Land uses A variety of commercial uses will continue to be permitted with an emphasis on sit-down eating establishments, retail and a live theater. A change to those permitted will be to require Building E to be occupied by a minimum 25,000 square foot tenant in order to accommodate an appropriate sized market. Additionally, prohibited uses would include schools, clinics, take-out only food uses and drive-through facilities. Those uses allowed by way of a conditional use permit include any establishment operating between midnight and 5:00 a.m., a live-work community, uses wishing to sell for on or off premise consumption of alcoholic beverages, banquet facilities and a residential model complex. 75A-38 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 6 Building Height The maximum building height will proposed, a maximum of 50 feet. levels above a garage. be adj usted to mirror the proj ect as The tallest structure contains three Setbacks Buildings have been placed closer to sidewalks to allow a greater presence reflecting the urban design of the proj ect, which emphasizes pedestrian oriented spaces. The setbacks will continue to address building placement and allow appropriate landscaping and hardscape wi thin those areas. The use of decorative stone or pavement, trees, lighting, fountains, artwork, etc. will be located in the setback, as well as throughout the site. Main Street will provide an average setback of 19.5 feet and a minimum of 8 feet; Memory Lane will provide an average of 11 feet 8 inches and minimum of 1 foot; Lawson Way will provide an average of 18 feet and a minimum of 5 feet; and the internal crescent-shaped road will provide a 15 feet setback from curb face. Open Space The open space established within SD-59 requires a minimum of 35 percent of the aggregate gross area of the site used for residential purposes to open space. The project as proposed provides 59 percent of the residential site to open space. In concert with the attached single family residences envisioned in the original development scheme, the open space requirement reflected a suburban standard of 225 square feet per unit for ground level private open space plus 90 square feet of private open space in the form of a balcony. The urban scale project proposed within the City Place design reflects a lesser open space calculation relying on greater utilization of the larger open space on site, the commercial component and Santiago Park. The on- si te park is approximately .34 square feet, which in itself represents approximately 60 square feet per unit. The average private open spaces for the Courtyard units are 50 square feet; the Park units are 60 square feet; and the Lofts are 50 square feet. 75A-39 EIR No. 2004-01i ZOA No. 2004-06i DA No. 2004-04i CUP No. 2004-28i VTTM No. 2004-06i and SPR No. 2004-05 October 25, 2004 Page 7 Development Agreement The development agreement is a legal contract between the developer and the City defining the terms and nature of development. The term of the agreement is eight and one-half years. It establishes development intensity, density, permitted uses and standards for the term of the agreement. In exchange for the City vesting the standards and changing allowable intensity, the development agreement requires certain public benefits (Exhibit 7). The main points of the agreement as proposed by staff are: 1. Term: The term of the development agreement is 8~ years. 2. High Rise building developer approvals Residential: The developer is required to residential, for-sale, high rise tower(s) does not proceed wi th such a proposal the in this development agreement are vested. consider If the underlying 3. Public Art: Public art amounting to is required. This is expected requirement of $272,500. .5% of construction valuation to amount to a public art 4. Inclusionary Housing Fee: An inclusionary housing fee of $3,000 per dwelling unit is required. As 241 units are proposed, this would generate $723,000. 5. Santiago Park Improvement Fee: The developer is required to pay the City a special fee of $1.64 per usable square foot of commercial and residential development to be used for capital improvements at Santiago Park. This is expected to amount to a fee of approximately $776,000. 6. In-Lieu Park Fee: The developer is required to pay the City an in- lieu park fee of $35.50 per square foot of required parkland dedication. This is expected to amount to a fee of approximately $1.79 million. This fee would be offset, or reduced by the Santiago Park Improvement Fee, resulting in a net in-lieu park fee of $1.01 million. 7. Black Box Theater: The developer is required to construct a ~black box" theater. 75A-40 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 8 8. Conditions, Covenants & Restrictions: The developer is required to prepare and record CC&Rs to cover the live/work units similar to those CC&Rs required of the Olson and Santiago Street live/work loft projects. These requirements limit the number of residents in each unit, require owner occupancy, and restrict commercial uses within the live/work units. Conditional Use Permit A conditional use permit has been requested to allow the live-work component of the project. Should Zoning Ordinance Amendment No. 2004-06 be approved, a conditional use permit will be required for any proposed live-work project within SD-59 zoning district. The live-work component is envisioned to create an urban element while providing a transition between the commercial uses and residential living. As the overall plan is proposed, the live-work component is encouraged to link the components and accentuate the District Center urban character. The live-work units have been designed in a manner that is harmonious in scale and character with existing and proposed development, contributes positively to the surrounding commercial and residential areas, has a net community benefit and enhances the quality of life by providing a development in keeping with the standards for live-work communities. The live-work units will front on and extend from Main Street along a curved private roadway to Memory Lane. Each unit will be approximately 1,496 to 1,771 square feet in size and has been designed in a loft style, three stories in height. The project has been designed to meet or exceed the development requirements for live-work communities within the city's downtown. Vesting Tentative Tract Map The proposed vesting tract map for this project satisfies two objectives. First, it subdivides the existing parcel into seven parcels suitable for development. The parcels created allow the development of the commercial and residential components of the mixed-use project. The second objective is to create condominium subdivisions for each housing type. The condominium subdivision is necessary to provide for- sale units. This encourages home ownership. 75A-41 EIR No. 2004-01; ZOA No. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 9 The vesting nature of the map ensures that the standards to be applied to the project will be those adopted with the approval of the map. The map is designed to be in compliance with the applicable development standards found in Chapter 34 and the Specific Development document. Site Plan Review Santa Ana Municipal code requires a review by Planning Commission of all plans within a specific development area to ensure the project is in conformi ty with the specific development standards. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development zone. The proposed project is in compliance with all applicable development standards including the General Plan, Municipal Code and the City Place Specific Development Plan (SD-59), as amended. Additionally, the proposal is in keeping with the surrounding area and will improve the desirability of investment in the City. Finally, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. The City Place development project will enhance and provide a positive improvement to the north Main Street districts through the development of a significant vacant parcel of land at Main Street and Memory Lane. The development of this site with high quality design, materials and finishes, the inclusion of a public art and plazas, and the creation of a physical and visual link along the Main Street commercial corridor and the Main Place Mall will help in energizing and strengthening this northern gateway area. The proj ect will reinforce an active, vibrant urban lifestyle envisioned within the District Center designation of the General Plan. Additionally, the project will be of direct benefit to the community by providing additional housing and service opportunities in the City. The project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development project. 75A-42 EIR No. 2004-01; ZOA NO. 2004-06; DA No. 2004-04; CUP No. 2004-28; VTTM No. 2004-06; and SPR No. 2004-05 October 25, 2004 Page 10 As a result, it is recommended that the Planning Commission recommend that the City Council certify Environmental Impact Report No. 2004-01, and approve Zoning Ordinance Amendment No. 2004-06, Development Agreement No. 2004-04, Conditional Use Permit No. 2004-28, Vesting Tentative Tract Map No. 2004-06 and Site Plan Review 2004-05 pursuant to the findings and conditions attached (Exhibits 8, 9, 10 and 11) . SK:JM sk\reports\City Place.102504_pc 75A-43 C j t Y o n 9 ~\- .J I~ LAVETA AV. R1 R4 3 ~ ~ R1~n LJ lRRH R1 (li R1 'nO I I [i] AD A1 R1 ~ I R1 ~ R1 ~ R1 R1 R1 R1 ~ R1 R1 Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 CS GENERALAGRICUL TURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP 1m ~~ ZOA 04-6/EIR 04-1/DA 04-4 CUP 04-28/SPR 04-5NESTING TIM 04-6 ROBERT BISNO 2775 NORTH MAIN STREET A #{' - = 500 FEET l' = 1000 FEET P LAN N N G AND B U I L 0 EXHIBIT 1 75A-44 N G AGE N C Y OFFICE MAIN PL. DR. 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III i 'II lip ',i III !!l i !q fin 'I Iq III! l'! IPil I, p, 'lEI Ii" !,'I.. 'II Il!i ','11 ',i , ",! 'a! ii, '! I I'''' i' 'I I'll I l'lld l; I II 'II," . i I ~ 1I Is Is ; II i I ~. Is Is .. I iqllidl,; iqlliH ~I !!iP1:i!! h : !,!il :I:n ~ '" "i' I," i' " 1'1' III U ;1"1>.1; I~,> ;I~ I. I nu I ! ! I: I !III ~ III ! " I 'j' I " I I III i I alii I, Iill. , Illi' ~ 1 1111 I! Ii! , . "j , "! II,,' j" III .l! , I' I II I ~ i! !'I Ih; II! d,'1 10 'I . i,' : "I. .. -'" dl !dl, -Iq 'Pll ':1'1",1 ihll'!!r un :Ijii III! 11011 . i ' 1.1 ,,' Ii "I 'II ;nl II" I, =! !qi 'I il I ;.Ii '1'1 ! I' I i I: ! 'II; , I ..1, I I II!I I .1!IJ:h 'I' , < I " l'dl'l ;' ql. '.II 1"11 ;dl iii, 1I"l;ll . 'II dl Ii !!n !in '; II' , Iii' i~ ! q li;l ,I l!l,., II I' 'l'dl' I! IlIlp!i ;1 I!!nilil iI 'I' -- il" In id!lld! 75A-121 76 ] ~. -" ___~l~~& i~ ~~ ~~ c . ; ~ I bnHUlu " II : , It ~ I :~sl!! e- ~ I I I I! II co w <~ Wa.. On, ," > <( LO < gj V (Ozn, ZL:~LO:~ - r- (OI-::J... t-<(t-,..~~~ ent-O ,CO~... WZ<(O~~ >Wa:Z~o t- L- _0 r- 01I o II.. LO (0 LO (0 ,.. ~I~~ !Iii ~lJ~ i i.l;! . o Z ii a.. i C"':" ""~'1i <( t; ;::_/ ~ ~ " 'lIIl::: ", ~ tIIIlf:,.... ~ ("""._"- ~~~/ i'~ "","'\ t- ;:::gili v,-- O 3t;i!ir .. a ~~. ~i~ <( ~i!;~ a: ~~I' ill at - L-E",i!i_il .1 r- I::: -~_."l__ iii;r-l W ;~i : ~.:~ 1 > g~!i ~, ~~~ - Q....a t- ~ i~ <( ~~::: aQ~ t- ~h Z! W~ t- e) Z - t- en W > i . ~ ~~ ii 75A-122 77 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMP ACT REPORT, FINDINGS AND APPROVALS FOR THECITY PLACE 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 hereby certifies the Final Environmental Impact Report ER-2004-01, State Clearinghouse No. 20040418 for the City Place project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. 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 City Place 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 Draft EIR, the 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 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 City Place 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 in the Final EIR and 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. 3.0 ENVIRONMENTAL REVIEW PROCESS 3,1 PROJECT BACKGROUND AND OBJECTIVES U:\DBott\wp51 \ City Placejindings,doc ZOA 04-6/EIR 04-1/DA 04-4 September 29, 2004 CUP 04-28/SPR 05-5 v~~n Page I City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City Place project site is in the northeast part of the City of Santa Ana and is generally bounded by Main Street to the west, Lawson Way to the east, Memory Lane to the south and Town and Country Street to the north, The City of Orange borders the project site to the north. Local access to the project site would be provided from Main Street and Memory Lane, Regional access to the project site would be provided by Interstate 5 (1-5) to the south and State Route 22 (SR 22) to the north, TransAction Companies, Ltd. is proposing the City Place project on the 17,7-acre project site, The project proposes a mixed use development with a total of 57,700 square feet of commercial uses, consisting of 21,900 square feet of restaurant uses, 33,800 square feet of retail uses, 2,000 square feet of restaurant/retail, 74 live/work residential units and 168 town homes. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. The objectives for the City Place project are to: . Develop the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas, and that maximizes the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana, . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas, . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana, The City of Santa Ana is the Lead Agency for the EIR, as defmed by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the City Place project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation, This EIR is intended to serve as a project EIR for the City Place site plan approval and other related implementation actions, To implement the project, the City and/or other public agencies may consider various actions, permits and approvals, Other agencies may also consider the EIR in the review of project permits or other actions, The potential actions, permits and approvals for the proposed project are anticipated to include the following: U: IDBottlwp51 ICity Place findings. doc September 29. 2004 Page 2 75A-124 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings · Amendment to Specific Development Plan SD-58 to modify the adopted SD-58 to reflect the proposed commercial and residential uses and establish site development standards and parking requirements for the proj ect. · Conditional Use Permit for the proposed live/work units, · Tentative Tract Map for condominium purposes. · Approval of a Development Agreement 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 City Place project on July 5, 2004, for a 30-day review period. The NOP/IS was 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, The NOP/IS is provided in Appendix A of the EIR. The distribution list for the NOP/IS is provided in Appendix B of the EIR. The City of Santa Ana received nine written responses to the NOP, Copies of these comment letters are provided in Appendix C of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a public scoping meeting for the City Place project on July 28, 2004, The meeting was held from 5:30 PM to 7:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was included in the Project NOP, A copy of the NOP scoping notice is provided in Appendix B in the EIR. Approximately eight individuals attended the scoping meeting, Five of the attendees submitted comment cards indicating the desire to be kept informed of future actions/activities concerning the City Place project. These cards are included in Appendix C in the EIR. Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the following environmental issues: aesthetics; air quality; cultural resources; hazardous materials; hydrology and water quality; noise; public services; transportation and circulation; land use; and utilities and service systems, 3.2.3 Draft EIR Circulation ofthe Draft EIR The City of Santa Ana circulated the Draft EIR for the City Place Project for public review between October 15,2004 and November 29,2004. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Completion U: IDBottlwp51 I City Place findings, doc September 29, 2004 Page 3 75A-125 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the RTC Report, The NOA was published in the Orange County Register on October 15,2004, posted on the project site and filed with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B in the R TC Report, The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing, Written comments on the Draft EIR for the City Place project were received from the following: State. Regional and Local Agencies California Department of Transportation Governor's Office of Planning and Research Southern California Association of Government Orange County Transportation Authority City of Irvine City of Orange Businesses. Groups and Organizations Park Santiago Neighborhood Association Draft EIR Committee Members ofthe General Public Jeff Dickman Philip Schwab Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place project as part of the regularly scheduled October 25, 2004 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), The purpose of the meeting was to receive public comments on the Draft EIR. Appendix D in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing, The transcript from the public hearing is also provided in the RTC Report, Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for the City Place project on December 13, 2004. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana), The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR At the conclusion ofthe meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft EIR for the City place project. Appendix E in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing, The transcript from the public hearing is also provided in the RTC Report, U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 4 75A-126 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 ErR. 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 ErR 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 Section 15088,5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other information, Section 15088,5 of the CEQA Guidelines further provides that".. .new information 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 on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final 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 information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088,5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City, 3.2 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the R TC Report; U: IDBottlwp51 ICity Place jindings,doc September 29,2004 Page 5 75A-127 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the R TC Report; (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP 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 City Place project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place project. The following Findings are made with respect to each significant adverse environmental impact of the City Place 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 enhancement measures, 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 City Place 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 City Place project, one 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, · Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. U: \DBottlwp51 ICity Place findings. doc September 29, 2004 Page 6 75A-128 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4,1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which cannot 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 City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SaC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations), 4.1.1 Impacts Related to Short Term Air Quality Impacts Potentially Significant Adverse Impact Related to Short-Term Construction NOx Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-term nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NO" Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Construction NO"Emissions There are no feasible mitigation measures to substantially reduce NOx emISSIons during construction, Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction, AQ-1 All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of freeboard (i,e" minimum vertical distance between the top ofthe load and the top ofthe trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily, AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i,e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 7 75A-129 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings AQ-6 The project applicant will be required to name a construction relations officer to act as a community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activities, AQ-8 After January 1, 2005, no person shall conduct an active operation with a disturbed surface area of five or more acres, or with a daily import or export of 100 cubic yards of bulk: material without utilizing at least one of the measures listed below, · Install a pad consisting of washed gravel (minimmn-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30-feet wide and at least 50- feet long. · Pave the surface extending at least 100- feet and at least 20- feet wide, · Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24-feet long and 10-feet wide to remove bulk: material from tires and vehicle undercarriages before vehicles exit the site, · Install and utilize a wheel washing system to remove bulk: material from tires and vehicle undercarriages before vehicles exit the site, · Any other control measures approved by the Executive Officer and the U.S, EP A as equivalent to the actions specifies in subparagraphs (d)95)(A) through (d)(5)(D), Level of Significance of Impacts Related to Construction NOx Emissions The short term adverse impacts of the City Place project related to NOx emISSIOns during construction cannot be mitigated to below a level of significance. 4,1.2 Impacts Related to Long Term Air Quality Impacts Potentially Significant Adverse Impact Related to Long Term Ooerational NOx, CO and ROG Emissions As described in Section 4.3 in the EIR, the operation of the City Place project will result in adverse air quality impacts related to regional NOx, carbon monoxide (CO) and reactive organic gases (ROG) emissions, Finding Related to Long Term Regional NOx, CO and ROG Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support ofthe Finding Related to Long Term Regional NOx, CO and ROG Emissions U: \DBottlwp51 I City Place jindings,doc September 29, 2004 Page 8 75A-130 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings There are no feasible mitigation measures to substantially reduce NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse impacts during operation of the City Place project related to regional NOx, CO and ROG emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measure will lessen air quality impacts AQ-7 The project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restaurant Cooking Fumes, Level of Significance of Impacts Related to Long Term Regional NOx, CO and ROG Emissions The adverse operational impacts of the City Place project related to long term operational NOx, CO and ROG emissions cannot be mitigated to below a level of significance, 4,1.3 Cumulative Impacts Related to Air Quality Potentially Significant Cumulative Adverse Impact Related to Air Quality As discussed above, the construction related NOx emissions of the proposed project and the operations related NOx, ROG and CO emissions of the proposed project would exceed the applicable South Coast Air Quality Management District (SCAQMD) thresholds for these criteria pollutants, The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), which is already a nonattainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance, Regional programs to reach air quality goals and standards will be adhered to by the cumulative projects, reducing the impact. However, the incremental increase is considered significant and adverse when added to the existing nonattainment levels ofthe Basin, Finding Related to Cumulative Air Quality Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Cumulative Air Quality There are no feasible mitigation measures to substantially reduce NOx emISSIOns during construction and regional NOx, CO and ROG emissions during operation ofthe proposed project. Therefore, the significant adverse air quality impacts during construction and operation of the City Place project cannot be reduced to below a level of significance, Therefore, the City Place project will contribute cumulatively to adverse air quality impacts in the Basin, Level of Significance of Impacts Related to Cumulative Air Quality U: IDBott\wp51 I City Place jindings,doc September 29, 2004 Page 9 75A-131 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The contribution of the City Place project to cumulatively adverse impacts related to NOx emissions during construction and NOx, CO and ROG emissions during operation cannot be mitigated to below a level of significance. 4,1.4 Impacts Related to Transportation Potentially Significant Adverse Impacts To The Intersection of Main Street and 17th Street As described in Section 4,9 in the EIR, the long-term operation of the City Place project will result in significant adverse traffic impacts at the intersection of Main Street and 17th Street. Finding Related to Impacts To The Intersection of Main Street and 1 th Street Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Impacts To The Intersection of Main Street and 17th Street As described in Section 4.9 of the EIR, there are no feasible mitigation measures to reduce project traffic impacts at the intersection of Main Street and 17th Street to a level that is less than significant. Level of Significance of Impacts Related to Impacts To The Intersection Of Main Street and 17th Street The project traffic impacts at the intersection of Main Street and 1 th Street cannot be mitigated to below a level of significance, 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place 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 ofthe identified project mitigation measures, 4,2,1 Impacts Related to Air Quality Potentially Significant Adverse Impacts Related to Short Term Air Quality Impacts During construction of the City Place project, ROG emissions from the application of architectural coatings would exceed the SCAQMD daily construction emission thresholds for ROG, U: \DBottlwp51 I City Place findings. doc September 29, 2004 Page 10 75A-132 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Short Term Air Quality Impacts 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. Facts in Support ofthe Finding Related to Short Term Air Qualitv Impacts Implementation of mitigation measure AQ-5, provided below, will substantially lessen the adverse impacts of the City Place project related to ROG emissions during construction, and will reduce this potentially significant adverse impact to below a level of significance, AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible, This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings, The following web sites provide lists of manufacturers of zero VOC content coatings: http://www ,aqmd, gov /business/brochures/zerovoc.html http://www ,delta-institute,org/publications/paints,pdf http://www,cleanaircounts,org/factsheets/FS%20PDF /Low%20VOC%20Paint.pdf Level of Significance of Impacts Related to Short Term Air Quality Impacts The adverse impacts of the City Place project related to ROG emissions during construction will be mitigated to below a level of significance based on the implementation of mitigation measure AQ-5, 4.2,2 Impacts Related to Impacts To Cultural Resources Potentially Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 in the EIR, there is potential that construction of the City Place project could have a significant adverse impact on unknown cultural resources which might exist on the project site, Findings Related to impacts to Cultural 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, Facts in Support ofthe Finding Related to Impacts to Cultural Resources Implementation of mitigation measures C-l and C-2, provided below, will substantially lessen the adverse impacts of the City Place project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance, U: IDBottlwp5 J I City Place findings. doc September 29, 2004 Page J J 75A-133 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings C-l If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within immediate vicinity of the finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified, A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to of Native American origin. This process can involve, but is not limited to re-interment of said remains on- or ff site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative, Level of Significance of Impacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance based on the implementation of mitigation measures C-l, and C-2, provided above. 4.2.3 Impacts Related to Hydrology and Water Quality Potentially Significant Adverse Impacts Related to Water Ouality Impacts As discussed in Section 4,6 in the EIR, the construction and operation of the City Place project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried from the site in runoff. Findings Related to Water Quality Impacts 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. Facts in Support ofthe Finding Related to Water Quality Impacts Implementation of mitigation measures W-3 during construction and W-4 during operation, provided below, will substantially lessen the adverse impacts of the City Place project related to water quality during construction, and will reduce this potentially significant adverse impact to below a level of significance, For Construction (Storm Water Pollution Prevention Plan (SWPPP) W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to U: IDBottlwp51 ICity Place findings, doc September 29, 2004 Page 12 75A-134 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs) , The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes, The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on site using structural controls such as sandbags, fencing or retention ponds, b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities or adjacent properties via runoff, vehicle tracking or wind, c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to minimize transport for the site to streets, drainage facilities or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas, f) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins, g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds, All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Quality Management Plant (WQMP) W-4 Prior to finalizing design plans, a WQMP shall be prepared addressing post construction storm water runoff. This will consist primarily of structural BMPs addressing the urban runoff from the site. As part of the final design plans for the parking lot, drainage for the parking area shall be fitted with structural BMPs to reduce or eliminate urban runoff in the form of catch basins with filters (most likely fossil) or other equivalent filtration device that are regularly maintained and cleared so as to remain effective throughout the storm season, Regular clearing of large debris after a storm to shall be incorporated into the ongoing maintenance program for the City Place project site. Level of Significance of Impacts Related to Water Quality U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 13 75A-135 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to water quality will be mitigated to below a level of significance based on implementation of measures W-3 and W-4. Potentially Significant Adverse Impacts Related to Drainage As discussed in Section 4,6, the development of the project site for the proposed project will result in a substantial increase in the amount of impervious surfaces on the site which could result in increase storm water runoff and potential drainage impacts, Findings Related to Drainage Impacts 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, Facts in Support of the Finding Related to Drainage Impacts Implementation of mitigation measures W-l and W-2, provided below, will substantially lessen the adverse impacts of the City Place project related to drainage, and will reduce this potentially significant adverse impact to below a level of significance, W-l Prior to issuance of grading permits, the applicant shall submit a final drainage plan identifYing the exact size and location of drainage facilities. W-2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permits, Level of Significance of Impacts Related to Drainage Impacts The adverse impacts of the City Place project related to drainage will be mitigated to below a level of significance based on implementation of measures W-l, and W-2, 4.2.4 Impacts Related to Noise Findings Related to Operational Interior Noise Impacts 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. Facts in Support ofthe Finding Related to Operational Interior Noise Impacts As discussed in Section 4,7 of the EIR, the interior of the residential structures fronting Main Street, Memory Lane and Lawson Way may be exposed to noise from traffic in excess of interior standards, 45 dBA CNEL. Therefore, mitigation measure N-5 below will ensure that interior standards are met through appropriate design of these structures, U: \DBott\wp51 I City Place findings. doc September 29,2004 Page 14 75A-136 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings N-5 Noise insulation would be installed to ensure that California's title 24 interior noise standard of 45 dBA CNEL is achieved for those residences abutting Main Street, Memory Lane and Lawson Way. This noise insulation would include sound rated doorways, windows, baffling and other measures to ensure compliance of the interior noise standard, An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards, An acoustical report shall be prepared and approved that identifies the building materials needed to meet the Title 24 Interior Noise Standard. Level of Significance of Impacts Related to Operational Interior Noise Impacts The adverse impacts of the City Place project related to operational interior noise will be mitigated to below a level of significance based on the implementation of mitigation measure N- 5, 4.2.5 Impacts Related to Traffic Findings Related to Impacts at Intersection of Main Street and La Veta Avenue 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. Facts in Support of the Finding Related to Impacts At the Intersection of Main Street and La V eta Avenue As discussed in Section 4,9 of the EIR, for the 2006 traffic conditions, the intersection of Main Street and La Veta Avenue will operate at unacceptable LOS E both with and without the project during the PM peak. The implementation of mitigation measure T-I and T-2 below will improve the level of service to acceptable LOS D in the PM peak for both opening year (2006) and 2025. T -I Prior to the issuance of certificate of occupancy permits, and subject to the approval of the City of Orange, the applicant shall restripe the intersection of Main Street and La V eta Avenue to provide an additional northbound through lane and convert the existing westbound right-turn lane to an optional thru-right turn lane. T-2 Prior to the issuance of building permits the applicant shall pay Transportation System Impact Area fees to be deposited with the joint powers authority, Level of Significance of Impacts Related to Impacts at the Intersection of Main Street and La Veta A venue The adverse impacts of the City Place project related to impacts at the intersection of Main Street and La Veta Avenue will be mitigated to below a level of significance based on implementation of measures T-I and T-2. U: \DBottlwp5 J I City Place findings. doc September 29, 2004 Page J 5 75A-137 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Impacts at Lawson Way Segment 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. Facts in Support ofthe Finding Related to Lawson Way Segment As discussed in Section 4.9 of the EIR, in 2025, the segment of Lawson Way between Memory Lane and Town Country road will be significantly impacted by project related traffic, The implementation of mitigation measure T-3 and T-4 below will improve the level of service to acceptable LOS A for 2025 traffic conditions, T -3 Prior to issuance of certificate of occupancy permits the applicant shall coordinate with the City of Orange for the removal of on street parking along Lawson Way between Memory Lane and Town and Country Road, This will require approval from the City of Orange Traffic Commission T -4 Prior to the issuance of certificate of occupancy permits, and subject to the City of orange's approval, the applicant shall restripe Lawson Way to provide two lanes in direction between Memory Lane and Town Country Road, Level of Significance of Impacts Related to Impacts at the Lawson Way Segment The adverse impacts of the City Place project related to impacts at the Lawson Way segment will be mitigated to below a level of significance based on implementation of mitigation measures T- 3 and T-4. Findings Related to Impacts at Intersection of Memory Lane and Lawson Way 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. Facts in Support of the Finding Related to Impacts at Intersection of Memory Lane and Lawson Way As discussed in Section 4,9 of the EIR, the planning warrant analysis shows that traffic signal installation is warranted at the intersection of Lawson Way and Memory Lane, The implementation of mitigation measure T -5 below will ensure that intersection will operate at an acceptable level of service, T -5 Prior to the issuance of certificate of occupancy permits the applicant shall pay full costs for a traffic signal at Memory Lane and Lawson Way, Level of Significance of Impacts Related to Impacts at the Intersection of Memory Lane and Lawson Way U: \DBott\wp51 I City Place jindings, doc September 29, 2004 Page 16 75A-138 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to impacts at the intersection of Memory Lane and Lawson Way will be mitigated to below a level of significance based on implementation of mitigation measure T-5, 4.2,5 Impacts Related to Public Services Findings Related to Impacts on ParksIRecreation Facilities 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. Facts in Support of the Finding Related to Impacts on ParksIRecreation Facilities As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for parks and recreation facilities and would further the open space/population ratio imbalance in the City, The implementation of mitigation measures P-3 and P-4 would reduce potential impacts to a level that is below significant. P-3 Prior to the issuance of certificate of the first occupancy permit, the proposed project shall comply with the City's public parkland dedication requirements through provision of private open space, land dedication, fees or other vehicles acceptable to the City. P-4 Prior to the issuance of the first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place project to Santiago Park. Level of Significance of Impacts Related to Parks and Recreation Facilities The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of measures P-3 and P-4. 4.2,6 Impacts Related to Geology Findings Related to Seismic Shaking Impacts 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. Facts in Support ofthe Finding Related to Seismic Shaking Impacts As discussed in Section 3,7 of the EIR, the City Place project could be subject seismic shaking impacts in the event an earthquake occurs within the vicinity of the project site, The implementation of mitigation measure G-2 would reduce potential impacts to a level that is below significant. U: \DBottlwp51 I City Place findings. doc September 29, 2004 Page 17 75A-139 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings G-2 Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies the seismic constraints on the project site, building loads and design recommendations to reduce potential seismic impacts to a level less than significant. Level of Significance of Impacts Related to Seismic Shaking Impacts The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of mitigation measure G-2. Findings Related to Geologic Stability Impacts 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 ElR. Facts in Support ofthe Finding Related to Geologic Stability Impacts As discussed in Section 3,7 of the EIR, the City Place project site is subject to geologic constraints that could impact the geotechnical stability of the project. The implementation of mitigation measure G-l would reduce potential impacts to a level that is below significant. G-l Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies soil constraints on the project site, building loads and design recommendations to ensure the geologic stability ofthe project. Level of Significance ofImpacts Related to Geologic Stability Impacts The adverse impacts of the City Place project related to geologic stability will be mitigated to below a level of significance based on implementation of mitigation measure G-l, 4.3 IMPACTS FOUND ADVERSE, BUT NOT SIGNIFICANT AND PROJECT ENHANCEMENT MEASURES TO MINIMIZE IMPACTS Potentially adverse, but not significant impacts are identified in this section, Project enhancement measures are identified to minimize adverse impacts associated with implementation of the City Place project. 4.3,1 Impacts Related to Construction Noise Findings Related to Construction Noise Project enhancement measures have been required in, or incorporated into, the project which lessen construction related impacts as identified in the EIR. Facts in Support of the Finding Related to Construction Noise U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 18 75A-140 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.7 in the EIR, although the construction of the City Place would not result in significant adverse noise impacts, project enhancement measures N-l, N-2, N-3 and N-6 below are incorporated in the proposed City Place project to minimize the generation of noise during construction, N-l During all site preparation, grading and construction, the contractor will be required to ensure that all construction equipment is in proper operating condition and fitted with standard factory noise attenuation features, All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated, N-2 During final design, the applicant will prepare a traffic haul plan for review and approval by the City of Santa Ana, The contractor will be required to use only the approved haul routes to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations, N-3 During all site preparation, grading and construction, the contractor will be required to site all construction staging and storage areas away from Lawson Way, to minimize noise impacts on the senior citizen retirement facility on the east side of Lawson Way N-6 Construction operations for the proposed project shall be limited to 7:30 AM to 4:30 PM Monday through Saturday, and no construction operations on Sunday or Federal Holidays. Level of Significance of Impacts Related to Construction Noise Construction related noise impacts associated with the project would be less than significant. Findings Related to Operational Exterior Noise Impacts Project enhancement measures have been required in, or incorporated into, the project which lessen operational exterior noise impacts as identified in the EIR. Facts in Support ofthe Finding Related to Operational Exterior Noise Impacts As discussed in Section 4, 7 (Noise) in the EIR, even though the operation of the City Place project will not result in significant adverse noise impacts, project enhancement measure N-4 below, is designed to reduce noise levels associated with mechanical equipment. In addition, the operation of the proposed City Place project will be required to comply with City of Santa Ana Ordinances related to noise control during operations, N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, enclosures, parapets and/or other noise attenuation features, so that noise generated by the operation of this equipment does not exceed the applicable City noise standard at sensitive receptor locations, U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 19 75A-141 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Level of Significance ofImpacts related to Operational Exterior Noise Operational exterior noise impacts associated with the project would be less than significant. 4.3.2 Impacts Related to Public Services Findings Related to Impacts on to Police Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Police Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for police services, However, according to the Santa Ana Police Department the impact would not be significant. The implementation of project enhancement measure P-l would minimize potential impacts to police services, P-l Prior to the issuance of occupancy permits, the applicant shall coordinate with the City Police department to prepare a Security Plan for the commercial and residential components of the project. This plan shall be subject to the review and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access, Recommendations resulting from the project review by the City Police Department would be incorporated into the project. Level of Significance of Impacts Related to Police Services The adverse impacts of the City Place project related to Police Services will be minimized with the implementation of mitigation measure P-l, Findings Related to Impacts to School Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to School Services As discussed in Section 4,8 of the EIR, implementation of the City Place project would increase the demand for school services, However, according to the Santa Ana Unified School District and the Orange Unified School District this impact would not be significant. The implementation of project enhancement measure P-2 would minimize potential impacts to school services, P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Santa Ana School District and Orange Unified School District. Level of Significance of Impacts Related to School Services U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 20 75A-142 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to School Services will be minimized with the implementation of project enhancement measure P-2. 4.3.3 Impacts Related to Utility Service Systems Findings Related to Utility Service System Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Utility Service Systems As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for utility service systems, However, the impact would not be significant. The implementation of project enhancement measures U-I through U-5 would minimize potential impacts to utility service systems, U-I The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector, U-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation ofthe project. U-4 The applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site, Coordination with SBC during the development stage would facilitate service connection, Level of Significance of Impacts Related to Utility Service Systems The adverse impacts of the City Place project related to utility service systems will be minimized with the implementation of project enhancement measures U-I to U-5, Section 4.2.4 Impacts Related to Safety Hazard Findings Related to Safetv Hazard Impacts U: lDBottlwp51 I City Place findings. doc September 29, 2004 Page 21 75A-143 City Place Focused 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 environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Safety Hazard Impacts As discussed in Section 4.5 of the EIR, the potential impacts of the proposed project related to the abandoned jet fuel line would be less than significant. However, there is slight possibility that the existing underground jet fuel line could become active. Therefore, the following precautionary project enhancement measure is included to ensure full disclosure of the fuel line to future property owners, H-l Prior to the issuance of certificate of use and occupancy, a special disclosure statement of the presence of the jet fuel line is required to be included in all subdivision maps and deeds associated with the project site, Level of Significance of Impacts Related to Safety Hazards The adverse impacts of the City Place project related to safety hazards will be minimized with the implementation ofproject enhancement measure H-l. 4,3 IMPACTS 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 City Place project are less than significant and no mitigation is required, Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (Potentially Significant Adverse Impacts of the City Place Project Which Can Be Mitigated to Below a Level of Significance), above, no other potentially significant adverse project specific impacts ofthe 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 adverse and which required further study in an EIR, The IS also provided analysis on the environmental impacts 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 findings of the IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR, The EIR and 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 Aesthetics Based on the analysis summarized in Section 3,0 in the EIR, the City Place project will not result in significant adverse impacts related to light, scenic vistas and scenic resources. As described in U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 22 75A-144 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Section 4.2 (Aesthetics) in the ErR, the City Place project will not substantially degrade the existing visual character or quality of the site and its surroundings; the project will enhance the visual appearance of the site, from a vacant parcel, to a modem urban development. Therefore, the City Place project will not result in adverse impacts related to aesthetics and no mitigation is required, 4,3.2 Air Quality Based on the analysis summarized in Section 3,0 in the EIR, the City Place Project will not result in significant adverse impacts related to odors and no mitigation is required. 4,3,3 Cultural Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to currently known and recorded historic, prehistoric and archeological resources, No mitigation is required, 4.3.4 Hazardous Materials Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to documented hazardous materials or hazardous substances sites, use of hazardous materials during construction and operations, airport operations and airport plans. No mitigation is required. 4.3,5 Hydrology and Water Quality Based on the analysis summarized in Section 3,0 in the EIR, the City Place project will not result in significant adverse impacts related to groundwater recharge and natural water bodies 4.3,6 Noise Based on the analysis summarized in Section 3,0 in the EIR, the project site is not impacted by aircraft noise that would exceed State or local noise standards, Based on the analysis summarized in Section 4.7, implementation of the City Place would not increase significantly increase long-term noise levels within the project area. No mitigation required, 4.3.7 Public Services As discussed in Section 4.8 (Public Services) in the EIR, the City Place project would require compliance with the requirements ofthe Santa Ana Fire Department (SAFD) regarding building fire and safety features, The increased demand for SAFD fire and emergency services for the proposed project will not result in the need for new or expanded SAFD facilities. Therefore, the proposed project will not result in a significant adverse impact related to fire and emergency services, No mitigation is required, U: IDBott\wp51 \City Place jindings,doc September 29, 2004 Page 23 75A-145 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4,8, the City Place project would result in an incremental increase in demand for library services. However, this is minimal and would not affect the City's ability to provide library services. No mitigation is required, 4,3.8 Transportation and Circulation Based on the analysis summarized in Section 3,0 in the EIR, the City Place project will not result in significant adverse impacts related to air traffic patterns, hazardous street conditions, access, pedestrian walkways and bicycle parking facilities, No mitigation is required, 4.3,9 Land Use Based on the analysis summarized in Section 3,0 and analyzed in Section 4.11 of the EIR, the City Place project will not result in significant adverse impacts related to division of an established community and consistency with applicable land use plans and adopted demographic projections, No mitigation is required. 4.3,10 Agriculture Based on the analysis summarized in Section 3,0 in the EIR, the City Place project will not result in significant adverse impacts related to agricultural resources. No mitigation is required, 4,3.11 Population and Housing Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to growth or the displacement of existing residential uses, No mitigation is required, 4,3.12 Geology Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to ground surface rupture, unique geological or topographical features, or the use of alternative waste water or septic systems, No mitigation is required. 4.3,13 Biological Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands or habitat conservation plans, No mitigation is required, 4.3,15 Mineral Resources Based on the analysis summarized in Section 3,0 in the EIR, the City Place project will not result in significant adverse impacts related to mineral resources. No mitigation is required, U: \DBott\wp51 I City Place findings,doc September 29, 2004 Page 24 75A-146 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 City Place 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 proj ect 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 City Place 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 City Place project. The City approves and will implement all the mitigation measures in the Final EIR. 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, The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives, 6,1 ALTERNATIVES CONSIDERED BUT REJECTED Potential alternatives to the City Place project that were considered by the City but rejected and not evaluated in the current EIR are based on City of Santa Ana EIR 92-02, certified by the City of Santa Ana City Council in 1992, for the approved Main Street Concourse Project. In addition, no alternative site for the proposed project was considered in this EIR, These alternatives which were considered by the City but which were not carried forward for detailed analysis in the EIR are described in the following Sections. U: IDBottlwp51 lCity Place findings. doc September 29, 2004 Page 25 75A-147 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 6,1.1 Alternatives from the 1992 EIR In 1992, the Santa Ana City Council certified the final EIR for the proposed Main Street Concourse Project and approved that proposed project. In addition to the approved project, the Final EIR evaluated three other build alternatives and a No Project Alternative, The build alternatives considered in that EIR were reevaluated as possible alternatives to the currently proposed City Place Project. Those alternatives were rejected as described below and, therefore, were not evaluated in the EIR for the City Place project. Alternative B: Reduced Density Garden Office This Alternative assumed development of the project site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation. Under this Alternative, it was assumed that the site would be developed under the District Center (DC) designation, but at a lower floor area ratio than the maximum possible under the General Plan designation, This Alternative assumed that the site would be developed with 244,000 square feet of retail center and garden space uses, There would be no residential uses on the site under this Alternative, This Alternative proposed substantially reduced land uses on the project site compared to the approved Main Street Concourse Project. This Alternative was not considered further in the EIR the City Place project because: . Alternative B does not include any residential units, The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, such as proposed as part ofthe City Place project, is consistent with the Santa Ana General Plan, . Alternative B proposed a different range of land uses, with more commerciaVretail and no residential uses, than the City Place project. However, the land uses proposed under Alternative B would not be expected to substantially reduce or avoid the potential adverse impacts ofthe City Place project related to air quality and traffic. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative C: Alternative Land Use (All Office) This Alternative assumed development of the project site with two 92,000 square foot, two-story garden style office buildings, and retail and commercial uses similar to the approved Main Street Concourse Project, including retail, restaurant, cinema and health club uses. There would be no residential uses on the project site under this Alternative, This Alternative was not considered further in the EIR for the City Place project because: · Alternative C does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, as proposed under the City Place project, is consistent with the City of Santa Ana General Plan. U: \DBott\wp51 I City Place findings. doc September 29, 2004 Page 26 75A-148 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings . Alternative C proposed a different density of land uses, with commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative C would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic impacts, For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative D: General Plan Consistency This Alternative assumed development of the site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation, at a floor area ratio (FAR) of 1,5, which was the FAR permitted on the site under the General Plan at that time, Under this Alternative, it was assumed that the site would be developed with 1,1 million square feet of uses, including three high rise office towers (15, 17 and 23 stories), retail, restaurant, cinema, health club and 36 single family residential units. This Alternative proposed reduced land uses on the project site compared to the approved Main Street Concourse Project, with approximately 0.4 million fewer square feet of development. In addition, two of the office towers under Alternative D would be fewer stories than under the Main Street Concourse Project which proposed one 20-story and one 32-story office tower, Alternative D also proposed slightly fewer residential units than the approved project, at a total of 146 single family and high density residential units versus a total of 278 residential units under the Main Street Concourse Project. This Alternative was not considered further in the EIR for the City Place project because: . Alternative D proposed substantially greater development on the project site than the City Place project. Therefore, the land uses proposed under Alternative D would likely increase and not reduce or avoid the potential adverse impacts of the City Place project related to air quality, traffic, and cumulative air quality and traffic impacts, For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. 6,1.2 Alternative Site for the Proposed Project The EIR for the City Place project did not analyze an alternative site for the proposed project because the applicant does not own or control another suitable property in the City of Santa Ana, In addition, there are no other known sites of this size available in the City that could accommodate a project of this type, The City Place project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent than at the proposed site, Therefore, locating the proposed project at another site in the City would basically shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts, The traffic impacts which occur in the City of Orange under the City Place project could possibly be located to an area entirely within the City of Santa Ana if an alternative U: IDBott\wp51 \City Place findings. doc September 29, 2004 Page 27 75A-149 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings project site were considered, but the level of impact would remain comparable, As a result, an alternative site for the City Place project was not evaluated in the EIR, 6.2 NO PROJECT AL TERNA TIVES 6.2,1 No ProjectlExisting Conditions Alternative This No Project Alternative assumes that the existing uses on the 17.7 acre project site are retained and that no development occurs on the site. With this Alternative, the site would remain vacant and no residential or commercial uses would be developed on this site, Table 9-1 from the EIR, on the following page, indicates that the No ProjectlExisting Conditions Alternative would not meet any of the City or applicant objectives for the City Place project. 6.2.2 No ProjectlExisting Entitlement Alternative This No Project Alternative assumes that the approximately 17,7 acre project site would be developed consistent with the existing approved entitlements for the project site which would allow for the development of the previously approved Main Street Concourse Project consisting of up to 1.96 million square feet of office, retail and hotel uses, and 280 residential units, The existing entitlements for the project site reflect approved development as assessed in City of Santa Ana EIR 90-2 which was certified by the Santa Ana City Council in April 1992. This No Project Alternative would result in approximately 1.91 million more square feet of commercial uses (office, retail and hotel) and 38 more residential units on the project site than under the City Place project. This No Project Alternative would result in substantially greater land use densities on the project site than the proposed project. The No ProjectlExisting Entitlement Alternative would meet all of the objectives for the City Place project. 6,3 DESIGN ALTERNATIVE The Design Alternative reduces the development on the project site by 123,434 square feet and would result in a reduction of overall density and FARon the project site. The Design Alternative would only marginally reduce impacts compared to the proposed project for hydrology and water quality, noise, public services and utilities and service systems. The Design Alternative would have no change on impacts compared to the proposed project on aesthetics, air quality, cultural resources and hazardous materials, The Design Alternative would result in reduced traffic impacts in the short and long term, but not enough to reduce the impact to below a level of significance. The Design Alternative would meet all of the objectives for the City Place project. 6.4 COMP ARlSON OF IMPACTS Table 9-1 in the EIR, provided on the following page, compares the unavoidable adverse impacts of the City Place project and the No ProjectlExisting Conditions, No ProjectlExisting Entitlement and Design Alternatives, TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) U: IDBottlwp51 ICity Place findings. doc September 29, 2004 Page 28 75A-150 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Impact City Place Project No Project / No Project / Existing Design Alternative Cate20rv Existinl!: Conditions Entitlement Aesthetics Less than significant No impact. No significant Similar to under the impact adverse impact after City Place project. mitigation. Air Quality Unavoidable significant No impact. Substantially greater Similar to under the short term, long term short and long term City Place project. and cumulative impacts impacts which cannot all be mitigated to below a level of significance. Cultural Less than significant No impact. Same as under the Similar to under the Resources impact with City Place project. City Place project. incorporation of mitigation Hazardous Less than significant No impact. Substantially greater Similar to under the Materials impact than under the City City Place project. Place project; can be mitigated to below a level of significance. Hydrology and Less than significant No impact. Similar to the City Similar to under the Water Quality impact with Place project for City Place project. incorporation of hydrology; greater for mitigation water quality; impacts can be mitigated to below a level of significance, Noise Less than significant No impact. Greater than under Similar to under the short term impacts the City Place project; City Place project. Less than significant can be mitigated to long term impact with below a level of incorporation of significance. mitigation Public Services Less than Significant - No impact. Greater than under Similar to under the Police, Fire Services, the City Place project; City Place project. school, library services can be mitigated to Less than significant below a level of park impacts with significance. incorporation of mitigation Transportation Unavoidable significant No impact. Substantially greater Similar to under the and Traffic impacts to Main than under the City City Place project. Street/17th Street Place project; cannot intersection all be mitigated to Less than significant below a level of impacts to Lawson significance. Way, Main Street/La Veta intersection and Memory Lane/Lawson Way intersection with incorporation of mitigation Utilities and Less than significant No impact. Substantially greater Similar to under the Service than under the City City Place project. Systems Place project; cannot U: IDBottlwp51 lCity Place findings,doc September 29, 2004 Page 29 75A-151 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Land Use TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) No Project / No Project / Existing Design Alternative Existinl! Conditions Entitlement all be mitigated to below a level of significance. Less than significant No impact No impact Less than impact significant impact Source: Draft Focused Environmental Impact Report for the City Place Project (P&D Consultants, 2004), Impact Catel!ory City Place Project 6,5 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The City Place project, the No ProjectlExisting Entitlements and Design Alternatives would result in environmental impacts greater than the No ProjectlExisting Conditions Alternative, Therefore, the No ProjectlExisting Conditions Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of that alternative, Section 15126,6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally supenor alternative when the No Project Alternative IS selected as the Environmentally Superior Alternative. Many of the environmental impacts of the City Place project are 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, As shown in Table 9-1, the No ProjectlExisting Entitlement Alternative would result in significant adverse impacts greater than under the City Place project, which cannot be mitigated to below a level of significance, related to short and long term air quality, and transportation and traffic, The other adverse impacts of the No ProjectlExisting Entitlement Alternative, related to aesthetics, cultural resources, hazardous materials, hydrology and water quality, noise, public services, and utilities and service systems, would be similar to or greater than under the City Place project and could be mitigated to below a level of significance, However, because the significant unavoidable adverse impacts of the No ProjectlExisting Entitlement Alternative would be greater than under the City Place project, this No Project Alternative would not be the Environmentally Superior Alternative, The impacts of the Design Alternative would be similar to the City Place project. The significant unavoidable adverse impacts of this Alternative related to short and long term air quality and transportation would less be compared to the City Place project but would still be significant. Therefore, this is Alternative is not environmentally superior to the City Place project. The City Place project would be the Environmentally Superior Alternative because it would avoid significant adverse impacts that would occur under the No ProjectlExisting Entitlement Alternative and would not result in greater impacts than under the Design Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City of Santa Ana has balanced the benefits of the City Place project against its unavoidable adverse environmental impacts III determining that the specific economIC, legal, social, U: IDBottlwp51 ICity Place findings. doc September 29,2004 Page 30 75A-152 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings technological and/or other benefits outweigh the unavoidable significant adverse environmental 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 adverse 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 information in the record, The reasons set forth below are based on the Final EIR and other information 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 City Place project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined 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 term air quality, and surface transportation are: 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: . Result in the development of the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas . Maximize the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22, . . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area ofthe City of Santa Ana, . Expand live/work residential opportunities in the City of Santa Ana, . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas, . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. 2, Approval of the project would bolster the economic and social health of the northernmost part of the City of Santa Ana 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 be consistent with existing development in the area which reflects an urban environment preserving the aesthetics 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, U: IDBottlwp51 lCity Place findings, doc September 29, 2004 Page 31 75A-153 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4, Furthermore, there are no alternative sites in the City that are suitable for this proposed project, 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 term air quality and surface transportation, 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 City Place project related to short and long term air quality and surface transportation are acceptable and, furthermore, 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 information 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: . 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 fmding. 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, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined 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 U: IDBottlwp51 lCity Place jindings,doc September 29,2004 Page 32 75A-154 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 EIR, 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 City Place project, as described in the Final EIR, including the site approval and design. U: IDBott\wp51 \City Place findings. doc September 29, 2004 Page 33 75A-155 THE MAIN STREET CONCOURSE EXHIBIT 6 75A-156 Specific Development Plan No. 59 City of Santa Ana PC DRAFT 10-25-04 TABLE OF CONTENTS PAGE }\J>PLICABILIT)T OF OFl[)~ANCE ",."""",.""""""""""""",."."""".".",1 PURPOSE """"""""""",...,.,.,.",.".,.""".,..,.""""""""""""...,"""'" ,,1 PART I. GOALS, OBJECTNES AND POLICIES ..,..................................... ..,2 PART II. PERMITTED LAND USES """"""""".""""""""""""",.""",",,4 ^ .L.lI... Professional j\nd Business Office Uses (ZONE II AND ZONE III) "."""".,.,3 1, Permitted Uses "..,..,..,..,..,.....,..,..,..,..,..,........,........,..,..,.., ....4 B, Retail/Restaurant Uses (ZONE II, ZONE III, ZONE N) .................,..........4 1, Permitted Uses ",""""""",",""""""" ". ". ,. ".""""""""", ....4 C. Recreation/Entertainment Uses (ZONE II) .."" ,..., ,. ".""., .""""""", "." ,.6 1, Permitted Uses . "" ,.""".""" ". ".""".,.", ",""""'" ,.".""""", ,6 D, Hotel/Conference Uses (ZONE III) ".......,....."..,.............".....,..,..,... ....6 1, Permitted Uses """,',"""""""""""""","""" ""."., """"" ",,6 E, Residential Uses (ZONE I) ............................................................... 7 1, Permitted Uses ,,"""""""""""" ,., ,.""., ...""""""""""" ,. "..,7 F, 1fass Transportation """"""""",.,.".""..,."""""""""",..,.,."."."", 7 1, Permitted Uses ,.,..""""""""""""""""""""."."..."""""".. 7 G:- 2, Conditional Use Permit ....,........,.....,..,..,..,..,..,..,..,..,..,........,..9 PART III. DE\TELOPlvfENT STAND~ """"",."""."".,...."."""""",.10 A. Floor Area Ratio/Density """"""""""""',',""'" ."". ,.'",.".""""", ,,10 1, Professional and Business Office Space Floor Area Ratio, , '" , " , ., , , , , ",10 2, Retail and Restaurant Space Parcel Size.......................................11 i 75A-157 3, RecreationlEntertairnnent Space Screening.,..""""" ,..""""""", ",12 4, Residential Space Parking..,..,..,..,..,.........."..,......."...."......,.. ..12 5, Hotel/Conference Space Open Space....................................... ..,13 6, Signage""""""""".""""""",.""""""""""",."".""""" ....13 7, Plaza and Fountain Design" ,."" .""""",.,.."""""""."., """"" ,,13 8, Public Art"""""""""""""""""""""".,." .',.""""""""" ....15 B. Density Con'/ersion """"".""""""""""."""",."...,."""""""",."." 9 B,G, CC&R's"."" ,.,..."".,. ,."""""""""""".", ,."""", ""',""""" ". ....16 C,~ Building Height """""""".,."""".""""".,.""""""""",.".""""" ,16 D ,,g,. Setbacks, , , . , , , , , , , , , , , , , , . . , . . . . . . , . , . , , , , , , . , , , , , , . , , , , , , , , , , , . , . , , , , , , , , , , , , , . , , , , , , , "..16 E,~ Site Coverage and Open Space """"",.,.".""""""".,.""""""""""" ,17 F,G-:- Parking"", ". ,., ,. ,.."""", ."""" "."""",.".".""""""" ,.".""""", ..18 G,}i; Loading Areas """"""""""""""...""""""""",.".".,."""""""" ,,21 H,I,. Storage Areas/Mechanical Equipment"",""""""""" ". ,.. ,.""""".,.", ,.22 lh Refuse Collection Area .""""""""""""""",.,.,..,.".""""""""""" .22 J,~ Telephone, Electrical, Water, Gas Cable TV, Storm Drains and Sewer Service,.""".,.""""""""" ,.""""""""""" ,.23 L, Public Transit ,.,.""."",.",."",."".,.."".,."".,.""""""",."".,.""" ,17 K,M, Maintenance, , , , , , , , , , , , , . ,. , , , , , , , , , , , , , , , , , , , , , , . , . ., . " , , , , , , , , , , , , , , , , , , . , , , , , , . , , " . ,24 PART N, DESIGN STANDARDS "..,..,..,..,..,..,........,..,..,..,..,..,..,...... ..25 A, Interior Street """""""""""""""""""""."""""""""""""".,., ..,25 B. Building Mass, Form and Architectural Style .......................,................26 C. Materials"",""""'" """"""""""""""""",."""""".",."""""" ..27 ii 75A-158 D, Color "..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..........., ,28 E, Public Art "",....,."""""",.".,.,....,."""."""""""""",.,...."",."., ,28 F, Detail ,.,."".,.",.".,.,."""""".".""""".""."".,..""".""""""",., ,28 PART V. LANDSCAPE MATERIALS AND DESIGN"........,..,..,..,..,.., ,. ...30 ^ J..... Ma:in Street, Owens Driye and La'.vson ')1 ay Setback Area """""..,.."."", ,23 1, Main Street Phase I """"""""""""""""",.,."."."""""",..,24 1 a, Main Street Phase II.... .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. ,25 2, Ov/ens Drive Phase I """"""""""'" ,.", ,.,..,. ,. "."""""""" ,,27 2a, Ov/ens Drive Phase II ".,. ,.""." ,. ".", ,., """"""""'" ,.. ,."" ,...29 3, Ov/ens Driye and Lawson \Vay Intersection .............................. ..,30 1, La:\vson \Vay ."",."""""""""""""""""""",."",.""""""" 3 0 B. Main Street and Owens Driye Planted Medians ,..."."""""""" ,., ..,31 1, 11ain Street """""""."""""",.,..,."""",."""""""" ..,31 2, OV/ens Drive ,,",""" ,.""""""""""""""" """,."""" ,31 C, Residential.\Teas.",,""""'" """""""""""'" ,'. '.' ,.. ,.""""" ,,31 1, Recreation .\Teas """"".,."".,.".,..,.""""""""""".", ..31 2, Interior Common Open Space ".,.""."",..""..,.."""""",,32 3, Pri'la:te Open Space "'" ,.", ,. ,..,. ,..,.""."""""""" ,."" ....33 D, Concourse Driye .""."""""""""""""" ,.,. ,., ,. ,.."""""""" ..,33 E, Pedestrian Oriented Publie Plaza ....................................,....... ,.33 F, Hotel Entry Court """.,..""""""", ,.,. ,.. ,.."""""""""""" ". ,,33 G. Parking Strueture Screen .......,........,........,..,..,..,..,..,...."....... ..34 A.fb Temporary Landscape Adjacent To Undeveloped Parcels ""'" ,."." ...41 B,t- General Notes "..,.."".................,..,..,........,.....,..,..,..,..,.., ..,.42 iii 75A-159 PART VI. SIGNAGE ...""""""""."""""""......""""""".""", ,44 A, Intent""""",."""" ,."""""",." ".,.",."""""""", """'" "" ,44 B. Sign Message Categories ",.""., """""".""""""", ,., ,. """"" ,.44 C, Physical Sign Types ,."""""""""""""""", ,., ,.""",.""""", ,,45 D, General Criteria ,......,..,..,..,..,..,..,..,..,..,........,........,..,..,..,.., ,45 E, Criteria For Individual Sign Types ......................................... ...46 1. Freestanding Signs ,....."..,..,..,..,.................,..,..,..,.., ....46 2, Wall/Canopy Signs . ,."""""""""""""", '.", ".""""" ".46 3, Projecting Signs """"",." ,..,.""""""""""". ,.",,'..., ,..,47 4. Marquee Signs """",.,.., ...". ,. ".""".""""""", '" ,.", ",47 5. Signs Under Canopies And Marquees ......................,........47 6, Major Building Identification Signs ................................ .40 6,:J....: Temporary Identification Signs ................................... ..,.48 7.& Submission of Main Street Concourse City Place Plan Signing Design Prognnll ",."""""""" ". ,.", """,., ,,""""""" ,...48 PART VII. LIGHTING............., ,....,..,..,..,..,......... .....,..,..,..,... ..,50 A. Street Lighting/Exterior To The Project (Public Right-of-Way) .......""".......""""....""" "",....."""" ,,50 B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive ,,"""""" ,..""" ,. "...."""",..."""", ",..""""",." ,.. ,..,50 C, On-Site Building Lighting ..................................................... ,51 D, Required Minimum Maintained Illuminance Levels ,. "... .... ,."" ,.. ...51 PART VIII. OPERATIONAL STANDARDS .................................. ..54 P~\RT IX. CONCEPTU~^..L PL\N APPRO'! AL ............................ ...50 IV 75A-160 ATTACHED EXHIBITS Exhibit A - Overall Site Plan Exhibit B - Landscape Plan Interior Zone for Sign:age Loeations Exhibit C Conceptual Site Plan (Proposed Phase I) Exhibit D Conceptual Site Plan (Proposed Phase II) v 75A-161 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. PURPOSE The Specific Development No. 59 (SD-59) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SD-59 regulations will establish a professional district that will exclusively entitle 57,700 square feet of commercial space at the northeast comer of Main Street and Memory Lane with 187 for sale residential units further to Lawson Way. This area will be a mixed use district with eating establishments, support services and a residential component consisting of live-work and townhouse units. 1 75A-162 PART I. GOALS, OBJECTIVES AND POLICIES City Place Specific Development District is located within the northern area of the City. The City Place Specific Development District encompasses a large vacant property bounded by Main Street to the west. Memory Lane to the south, Lawson Way to the east and the City boundaries to the north. A regional mall, professional offices, a senior care facility and Santiago Park surround the proiect site. The M}~IN STREET CONCOURSE is intended to be an exciting ne'N community '.vhere people can v/ork, live, shop, and enjoy top quality recreation and entertainment opportunities, By design, the project '.vill meet the goals and objectives of a quality, balanced and community sensitive master planned mixed use development. The City Place Specific Development District maintains a commercial corridor along Main Street while introducing a residential character along the eastern portion of the district, with a mixture oflive-work and townhome buildings. The City Place mixed-use proiect is intended to be an addition to the commercial corridor and an infusion of housing to the district along the north Main Street section of the City. In addition, the mixed use plan for this site will result in the proiect becoming a node, or place of activity. The objectives of this 1'L^~IN STREET CONCOURSE the City Place Specific Development Plan includes the provision of the following: 1. A long-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive development as viewed both internally and externally; 4. A bold but integrated sign program suitable for a mixed use project of this scale and scope; 5. A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan; 6, Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 2 75A-163 7. A development that \-vith office and supporting uses provides special special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 8. Provision of off-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; and 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage. 11. A landmark mixed-use project along north Main Street across from Main Place Mall. 12. Maintain the existing streetscape pattern including sidewalk design, mature trees and light fixtures. 13, Introduce a mixture of multi-family housing types to the district. 14. Provide a mixed-use project in scale and character with established commercial and residential structures along the north end of the district. 15. Enhance the pedestrian experience through the development of new plaza areas and water features throughout the ?roject as well as the intersection of Main Street and Memorv Lane. 3 75A-164 P ART II. PERMITTED LAND USES The categories ofland uses to be included within the project area are: Professional and Business Offices, banks and similar financial institutions, R[etail and (including restaurants, shops and service retail), Recreation/Entertainment, Hotel/Conference and Residential (including attached single family housing and a high rise residential tower). In addition multi-family residential uses (excluding live-work units) are permitted. Attached hereto as Exhibit A is a map shov/ing the Land Use Zones for the project. The uses permissible in each zone are set forth below. If a use is for any reason omitted from those specified as permissible in any zone, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. ^ J..lo... Professional and Business Office Uses (ZONE II ,,^...ND ZONE III). 1. Permitted Uses. B. Retail/Restaurant Uses (ZONE II, ZONE III, ZONE IV). 1. Permitted Uses, a. Within Buildings A, B, C and D (as identified on site plan), the following uses are permitted: .!2"a. General office uses providing professional and administrative services including but not limited to employment agencies; advertising agencies; banks; escrow agencies; accountant, medical, insurance, tax, real estate, legal, consulting, and travel services; tourist information; trade contractors; architects; engineers; planner; surveyors; research and development; stock brokers; state, county, municipal or other public offices, and other similar uses. b. Incidental support uses within an office building, corporate art displays and exhibits, museum space, day care centers, and other uses ancillary to the primary use; provided such incidental uses are limited to 10% of the total floor area. b.&.-&.--Retail sales and service uses including but not limited to: department stores, and other establishments for retail merchandise; banks and other financial institutions; clothing stores or boutiques; cafes; delicatessens; food stores; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment; outdoor, eat in or take out restaurants; book and stationery store; camera shop; shoe store or repair shop; tailor; tobacco store; office 4 75A-165 equipment rental and repair; tourist information and travel agencies and ticket reservation services; sporting goods store; art gallery; craft store; cultural displays and related merchandising; pet store; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, formal ,<,(car stores (sales or rental); hair styling sheps;- design and furniture centers; cookware and gourmet specialty shop; office furniture store; interior decorator shop; pri'/atc club with food and beverage service (excluding public assembly halls and subject to obtaining a Conditional Use Permit if alcoholic beverages arc served); and dry cleaner. d, Full service cafes and restaurants with a minimum of 50 percent of the enclosed floor area devoted to dining. which may include incidental take out service, Full service cafes and restaurants shall be limited to those that provide sit-down dining areas and exclusive table service for ordering and delivering meals and beverages. e, Dav care facilities f. Museums and libraries g. Theaters 2. Within Building E, as identified on site plan: a. Retail use with a minimum of25,000 square feet. 3, Within the Courtyards and The Park, as identified on site plan: ~. Multiple family residences as condominiums. b, Uses incidental or ancillary to any residential use, such as swimming pool, sauna, iacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities, 4, Within The Lofts, as identified on site plan: a. Permitted uses as identified in Section A. 1-5, 8, 9 and 11. b. Uses incidental or ancillary to any residential use, such as swimming pool, sauna, iacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. (5. Added) Within Lot 1, as identified on Vesting Tract Map No. 2004-06 (County No. 16565): 5 75A-166 a, Single family residences at a maximum density of one unit per acre. 5. Ancillary uses to commercial area: tr.a. A maximum of five permanent outdoor sales kiosks or carts ~ portable outdoor pushcarts or other portable vendor sales facilities, The size and location of each Kiosk or cart and pushcart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. c, Temporary outdoor actiyities or special events, not occurring as part of the normal course of the operations of the retail area, such as bazaars, fiestas, fundraising events, art fairs, festivals, outdoor music concerts and similar uses pro'/ided that the project operator shall file an application for a Land Use Certificate with the Planning Manager as proyided for in Section 41 675 of the Code, A peak traffic event operating plan shall be submitted for approval concurrently v/ith the land use certificate application and shall include provision for special signing, a flat entry fee at all gates, opening of all entry gates and a use of parking directors, if any are necessary. Parking control at all site intersections must be provided. C, Recreation/Entertainment Uses (ZONE II), 1. Permitted Uses, a. Health and Exercise centers, including health clubs, gyms, tennis courts, swimming pools and other similar uses. b. Cinemas or multi plex moyie theaters and liye performance theater, up to a combined maximum seating of 1,500 seats. The liye performance theater may be freestanding, or may be pro'/ided as a dual use theater in connection with a cmema. D. Hotel/Conference Uses (ZONE III). 1. Permitted Uses. a. Full service high rise hotel. b. Full service all suites, high rise hotel. c. Such ancillary uses as are typically found in a full service hotel, including but not limited to: conference/meeting 6 75A-167 space and banquet facilities, recreational facilities such as spas, pools, training rooms, and other similar uses, restaurants, retail shops, nightclubs, cocktail lounges, cafes, travel services, and other commercial uses vlhich have direct access to the hotel use. E. Residential Uses (ZONE I), 1. Permitted Uses, a. },..ttached single family b. Multi family Residential as condominiums units in a Type I construction residential to':/er. c. Temporary residential model complex and leasing office. d, Uses incidental or ancillary to any residential use, such as swimming pool, sauna, jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities, F. Mass Transportation. 1. Permitted Uses. Monorail station or other rail rapid transit passenger station (ZONE IV). CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal code: A. Within Buildings A, B, C and D (as identified on site plan): 1. Uses open between midnight to 5:00 a.m, 2. Banquet facilities, subiect to development and operational standards set forth in 41-199.1. 3, Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use, except adult entertainment businesses. 4. Establishments selling or serving alcoholic beverages. 7 75A-168 5. Coffee houses houses or similar uses not specifically listed in Part II, Section l.d. of this ordinance, 6. Parking structures B. Within The Lofts, as identified on site plan: 1. Live-work communities 2, Ceramic and pottery studios 3. Glass blowing and sculpturing studios 4. Coffee houses 5. Temporary residential model complex and office C. Within The Courtyards and The Park, as identified on site plan: 1. Temporary residential model complex and office D. Within Building E. as identified on site plan: 1. Retail grocery markets which are open at any time between the hours of midnight and 5:00 a.m. E, Within the commercial component area: 1. Certified Farmers Market for the sale of vegetables, fruits and other agricultural products on weekends and holidays only from 6 a.m. to 2 p,m. 2. Community oriented live performance theater. USES NOT PERMITTED A. Schools, ?rivate or public. B. Medical office or clinics. C. Commercial uses with vehicular dive-through lanes or windows (i.e. drive-through restaurants, pharmacy or similar uses) are prohibited, D. Fast food or exclusively take-out restaurants. E. All other uses not expressly permitted or conditionally permitted in this ordinance 8 75A-169 G. Conditional Use Permit. 1, The follo\ving uses are permitted upon approval of a Conditional Use Permit in accordance 'Nith the Code, provided that the only conditions which may be imposed upon any Conditional Use Permit shall be conditions directly related to the nature of the proposed use, and the characteristics of the operation of the business; a. Helistop (Zone II) b. 'Nine and fine liquor store (Zone II, Zone III, Zone IV). c. Farmer's Market for the sale of vegetables, fruits, and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. and only in Phase II vlithin the interior of the project (Zone II, Zone III and Zone IV). d. Antique store operated by a certified antique dealer selling antiques or vintage clothing and memorabilia (not including thrift stores) (Zone II, Zone III, Zone IV). e. Automobile support facilities providing services within parking structures such as: gas/fuel sale; auto servicing; auto detailing and other similar uses (Zone II and Zone III). f. Community oriented li'le performance theater (Zone II), g. Indoor entertainment that charge an admission fee (Zone II, Zone III, Zone IV). h. On and off premise sale of alcoholic beverages (Zone II, Zone III, Zone IV). 1. Chapel or church (Zone II, Zone III), 9 75A-170 PART III. DEVELOPMENT STANDARDS The following General Development Standards are applicable to all uses in the Main Street ooncourse project. The requirements ofthe Santa fJla Municipal Code (the "Code") including development standards of general application throughout the City, shall govern the de'/elopment of the Mf.IN STREET CONCOURSE project, except as othenvise pro'lided for in this Plan, and subj ect to such '/ested rights as the developer may have pursuant to any development agreement with the City, All terms not otherwise defined in this Plan shall ha'/e the meanings set forth in the Code, In the event of a conflict between the terms, conditions, requirements or provisions of this Plan and the Code, the terms of this Plan shall gO'iern, The City Place Specific Development District is intended to allow the development of a mixed-use proiect maintaining a commercial presence along Main Street. while introducing a mixture of multiple family housing to the eastern portion of the development site, The following general development standards are applicable to this proi ect: A. Floor Area Ratio/Density, The following sets forth the maximum allowable floor areas for the various permitted use classifications of the project., subject to any density conversion as allowed by Section C of this Part III. Increases in the aggregate density as set forth herein reql:lires an amendment to this Plan, and viould be subjeot to appropriate environmental re'/iew, The aggregate development density corresponds to an overall Floor Area Ratio ("FAR") of the Main Street Concourse project of approximately 2,54, based upon a net site area of774,446 square feet and 1,964,770 total gross square feet of development. This FAR represents the maximum intensity of development for the site, Parking areas and structlHes are not to be included in the oalculation of density, 1, Floor Area Ratio (F,A.R.) The maximum floor area ratio for the proiect site shall be 2,54, The FAR is calculated by dividing the total square footage of the structures bv the total square footage of the proiect site, Consistent with the General Plan. parking structures are not included in the FAR calculation, 1, Professional and Business office Space, 931,075 square feet. 10 75A-171 2. Retail and Restaurant Space. 234,160 square feet. 3. Recreation/Entertainment Space. 56,400 square feet. 1. Residential Space, 427,660 square feet comprised of216 units of high rise condominium and 61 units of attached single family housing. This density reflects a site wide maximum aggregate density of 16 Dwelling Units per acre. A minimum of6,1 acres of the site shall be devoted to residential uses, provided such 6.1 acres may be parcelized into any number of parcels. 5. Hotel/Conference Space, 315,175 square feet comprised ofa minimum of250 hotel rooms (including suites) and a minimum of 11,000 square feet of associated restaurant space, 20,000 square feet of convention facilities/meeting/banquet rooms, and 30,000 square feet of support retail. B. Density Conversion, Upon application to the Planning Department and approval by the City Council, the de';eloper may seek to con';ert square footage allocated to a particular land use category to another category. Such conversion may be granted only if all of the following requirements are met: (i) the developer establishes that the environmental impacts associated ''lith the revised square footage allocation are less than or equal to the impacts associated with the development permitted by this Plan, (ii) developer has completed a minimum of 518,392 square feet of Professional and Business office space, 86,580 square feet of retail space, 8,280 square feet of restaurant space, a cineplex/community theater, and a health club and (iii) there '.vill be no increase in residential density. 2, Parcel Size The City Place development project site is 17.7 acres. Subdivision of the parcel shall be consistent with Vesting Tract Map No. 2004-06 (County No. 16565). In no case shall commercial buildable parcels be less than 6 acres in size and residential buildable parcels be less than 2 acres III SIze. 11 75A-172 3, Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking A. As a mixed-use development, the Specific Development standards recognize the opportunity to share parking amongst the mixture of commercial uses. In addition the SD 59 acknowledges that the mix and proximity of residential units and commercial space allows for the opportunity for a variety of transportation modes, primarily walking as an alternative. As such, the following parking is required: a. Parking has been calculated utilizing the Urban Land Institute methodology for shared parking. As such, the following square footage can be utilized within the commercial area ofthe City Place development lJroiect: 1. For the first 21,300 23,300 square feet of restaurant, 33,800 square feet of retail. and 2,000 square feet of live theater the parking requirement shall be 410 parking spaces, 11. Any additional development above item 4A.a, i. shall be parked pursuant to the City's parking standards then in effect. b. Parking Setbacks 1. Internal Loop Road: The minimum required setback for the parking area is 15 feet as measured from edge of sidewalk. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. d. Landscaping: 12 75A-173 1. Landscaping throughout the proiect shall be in compliance with the landscape plan attached. 11. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. 5. Open Space A minimum ground level open space shall be provided at a minimum rate of 60 square feet per unit. This ground level open space shall be centrally located on the site to provide access to all units. Private open space shall be provided at a minimum rate of 50 square feet per unit. 6. Signage a. All signage shall comply with the Santa Ana Municipal Code, b, Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics, shall be submitted to and be approved by the Planning Division. 7. Plaza and Fountain Design a, The overall plaza design theme shall incorporate a minimum of** 6 maior pedestrian-level water features within the commercial area component and ** 7 pedestrian level water features elements within the residential component. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved by the Landscape Development Associate prior to the issuance of any building permit. The minimum established size for palm trees shall be 30 feet brown trunk height. Non-palm tree species shall be a minimum of 20 feet in height and 60-inch box. 13 75A-174 c. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission as noted within Item 5.a. of this document. d. Plazas shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as lighting, planters, unit pavers, and bicycle racks. f. The color and appearance of the plaza furniture products and other elements must complement the overall plaza design and building architecture, g. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. h. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces, The style shall be compatible with other proiect furnishings. 1. Bike racks shall be provided at key activity locations within the plaza, 1. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza area, Plaza area paving shall consist of Quality decorative elements. 1. Lighting height in the plaza area should be at a pedestrian scale. A range between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until dawn. The overall lighting shall be maintained at one- foot candle and incorporate other pedestrian-oriented lights, such as lighted bollards. Uplighting of trees and other site features is also required. m. The required plaza area shall include adequate provisions for the on-going maintenance of all plaza and pedestrian improvements. 14 75A-175 n. Plans shall include design details. materials and provisions for the on-going maintenance for all interior public areas within the plaza area. 8. Public Art a. Public art valued at one half of one percent of the overall proiect construction valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public art may be comprised of multiple art pieces. however. at least one such art piece shall be placed at the northeast comer of the proiect site adiacent to Main Street and Memory Lane. The public art should invite participation and interaction. inspire. add local meaning. interpret the community by revealing its culture or history. and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement. and which proposes specific pieces of art for specific locations or applications. shall be submitted to the Planning Commission for review and approval prior to issuance of any building permits certificate of occupancy. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed prior to the issuance of any certificates of occupancy for the proiect. b. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. c. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement shall include advertising of any type. including but not limited to products. services or businesses. e. All public art provided pursuant to the public art requirement shall be properly maintained at all times. be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. f. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the proiect site and may not be removed without the approval of the Planning Commission. 15 75A-176 B.G: CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal use rights in Phase I and Phase II for the residential and commercial components l:lSeS. C.l* Building Height. 1. On any lot or portion of a lot in Zone I of the Specific Development Plan area no building or structure shall exceed ~ 50 feet in height, as measured from the lowest adjacent finished grade. 2. On any lot or portion of a lot in Zone II of the Specific Development Plan area no building or structure shall exceed 150 feet in height, as measured from the lowest adjacent finished grade. 3. On any lot or portion of a lot in Zone III of the Specific Development Plan area no building or structure shall exceed 315 feet in height, as measured from the lowest adjacent finished grade. 4. On uny lot or portion of a lot in Zone IV of the Specific De'/elopment Plan area no building or structure shall exceed 45 feet in height, as measured from the lowest adjacent finished grade. 5. Flagpoles and other incidental appurtenances on a building such as aircraft warning lights, beacons, and architectural features, may exceed the height limit. D.&- Setbacks. 1. Setbacks at ground level are established to enhance pedestrian space throughout the district. create compatible relationships between existing and future building street elevations and reco gnize opportunities to create new open space resources. such as plazas. pedestrian ways and landscaped areas. -h Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach 16 75A-177 into any required perimeter setback either at or below grade. For the purpose of this Plan, a street side property line is that line created by the ultimate right-of-way line of the adjoining public street. Minimum setbacks are as follows: a. Main Street (perimeter): The average building setback shall be 19.5 feet. The minimum setback shall be 8 feet. This setback area may include hardscape as shown on the approved site plan. Fifteen (15) feet b. Lawson Way (perimeter): The average building setback shall be 18 feet. The minimum setback shall be 7 feet. Twenty seven (27) feet, 12 ft. for patio walls, fences, or similar structures enclosing uncovered residential privute open space. c. Owens Drive Memory Lane(perimeter): The average building setback shall be 11 feet 8 inches. The minimum setback shall be 1 foot 3 feet 4 inches. Hardscape. landscape and water features shall be provided in the required setback as shown on the approved site plan. Fifteen (15 feet, twelve (12) feet to any patio. d. Concourse Drive (interior street set backs): The minimum setback shall be 15 feet measured from street curb. fourteen (11) feet. 2. Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior of the project, retail canopies may project five (5) feet into setback area. 4. Due to the integrated mixed use nature of the de'/elopment, subject to applicable fire safety standards in the Code, and except as othef\vise provided in this Section F, or as may be requircd for traffic safety (i.e. line of sight requirements), there shall be no interior lot line setbacks (i.e., a "zcro lot linc setback" will be ullowed). E.~ Site Coverage And Open Space. 1. For purposes of this Section G, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 17 75A-178 2. The entire project shall devote a minimum of25% of the aggregate gross area ofthe non residential parcels in the site to open space. The site shall devote an aggregate minimum of 11.5 acres to non residential purposes. 3. The project shall devote a minimum of 35% of the aggregate gross area of the site used for residential purposes to open space. The site shall de','ote an aggregate maximum 6.1 acres to residential purposes. 2.~ Residential open space may be private common area or private yard but shall in no event include any space provided in bulconies ef required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as may be imposed for security and safety by property management. No required setback area shall be calculated as required open space. 3.~ Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. 4.~ Single family attached residential shall provide a minimum of ~ 50 square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. ~+: Both the attached single family housing and Ceondominium units shall contain a balcony efwith dimensions not less than six feet in any direction 90 square feet of private open space area. 6.& Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area. F.G,. Parking. 1. l\ll parking, including valet parking or shared parking, shall be us provided per the Santa .^~na Municipal Code (SAMC) or any parking variance approved pursuunt to the Code. 2. Non reflective glass storefronts ',','ith open yisibility shall be utilized at all pedestrian corridor areas pro'/iding access to parking structures. 18 75A-179 3. .All ramps throughout the project shall not exceed 12% slope ifno parking occurs on the ramp and 5% maximum slope if parking is on the ramp. 1. 'I ertical pedestrian circulation from belo'.v grade and structured parking shall incorporate eleyators, escalators and stairs. .L~. Vehicular site access points will be provided from Lawson Way, Main Street and two points from O',vens Drive Memory Lane, as defined on the site plan. 6. All underground parking shall have mechunical smoke control/removal. 7. Parking operator shall prepare, submit, and comply '.vith u parking control plan to the City for revicr.v, pursuant to which the operation of the parking facilities and duties of the parking operator staff'.vill be described. Plan shall also include event parking controls and description or bollard controls. 2.&. There shall be no sharing of residential parking. ~9. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. 4.M. No partitions, walls or other obstructions shall be built or placed with the attached single family, four car garage~ preventing the spaces from being used by residents and guests for the parking of vehicles. 5.U. Recreational vehicle, boats. trailers or similar storage is prohibited on-site. 12. L^JI ramps throughout the project shall not exceed 12~<' slope ifno parking occurs on the ramp and 5% maximum slope if parking is on the ramp. 6.H. The townhouses shall be designed with vertical roll-up garage doors. 7.+4. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive 19 75A-180 drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. 8.~. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 9.+6. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas - Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. b. Open Parking Areas (Phase I) - Parking areas other than those within a building may be paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles - All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 512 inches. lQ,:!-1. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. 11.-1-8. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. 20 75A-181 lb-l-9. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. G.H: Loading Areas. 1. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions of the project and adjacent neighborhoods while allowing for efficient utilization by commercial users. 3. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 4. Loading areas shall be visibly separated from public entrances and parking areas. 5. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 Yz inches of Portland concrete cement. Soil conditions or the nature ofthe trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each efHee building and adjacent retail shops/restaurants; the cineplex, health 21 75A-182 club and adjacent shops/restaurants; the hotel and confcrence facility; and the high rise residential tower (2 service truck stalls plus one stull for trash removal). 10. All A loading areas for the project shall be able to accommodate a 55 foot semi-trailer for the Building E. H.l: Storage Areas/Mechanical Equipment. 1. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts viewed from the office towers. 2. No outdoor storage shall be permitted. 3. There shall be no exposed television, ham radio, dish or other antenna. Lh Refuse Collection Area. 1. A refuse collection area shall be located at each loading dock per approved site plan. 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. 3. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 1. Except for the attached single family residential uses, all trash and refuse shall be collected, compacted and stored internally at centralized areas. Refuse will be picked up at truck loading areas in accordance ...../ith the City's vendor's schedule, trash pick up operation agreement and the CCR'S for the project. 4.~. The attached single family residential uses in the project '.vill incorporate a trash pick up mechanism whereby trash ',,,,ill be collected at each unit and carted to a centralized area. No heuvy trucks shall be used on the internal road between the single family attached residential units for trash collection, The commercial and residential uses shall provide a trash pick-up operation agreement and this provision shall to be included in the CC&R's for the project. 22 75A-183 ~6. Each trash enclosure shall have a minimum of six inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 6.':/-. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 7.R All trash enclosures throughout the project shall be designed with metal doors. J.~ Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 of the Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. L. Public Transit. .A bus turnout lane and bus shelter shall be incorporated along Main Street. Bus shelters may be free standing pergolus, arcades or recessed covered waiting areas, all as consistent with the Orange County Transit Districts: Design Guidelines for Bus Facilities and the Code. L^" monorail station or other rail rapid transit passenger station may be locuted adjacent to or incorporated into retuil uses on the site. 23 75A-184 K.M. Maintenance. The entire project shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the project. 24 75A-185 PART IV. DESIGN STANDARDS A. Interior Streets 1. Concourse Drive. The tone and pedestrian experience of the project will be largely determined by "Concourse Drive," a wide interior street which will meander curve through the project. The Concourse is intended to lend a unifying component to the project as well as link different uses together. a. Concourse Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Concourse Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the project. c. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. e. Concourse Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. Concourse Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout Concourse Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the Concourse area. 25 75A-186 h. Tree wells shall be a minimum of three feet by three feet with protective tree grates and collars. 2. Single Family Residential Internal Streets. a. The internal circulation road within the residential component of the project will have a minimum 22' wide paved roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials betv:een throughout the residential units. c. The internal residential road will be secured from general public access through the use of decorative gates und other security devices, as indicated on the site plan. 3. Vehicular Loading Access Roads. a. Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. c. Colored paving materials and concrete may be used as accent materials at entry locations (not including public right-of-way or required easement areas) on the property to visually define entryways. B. Building Mass, Form And Architectural Style. One critical component of the Main Street Concourse design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. 1. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal 26 75A-187 shapes. Building mass forms may be composed of ornate historical building styles or a combination thereof. 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. 5. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms may be exaggerated to express a particular style. 8. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The Main Street Concourse City Place development will embrace innovative uses of contemporary architectural materials. 1. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2. Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest of the Main Street Concourse City Place project. 27 75A-188 4. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. 5. Monolithic glass surfaces may be used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. 6. High rise buildings (including office buildings, the high rise hotel and high residential) shall incorporate multi faceted exterior facades and varied rooftops with set back lines. 6.1. Glass storefronts shall be provided facing all streets, Concourse Drive, and the majeF pedestrian oriented public plaza~ adjacent to Concourse Drive, and the elevated pedestrian system. 7.&. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. 8.9. Security gates for storefronts, if provided, shall be designed inside of the buildings. D. Color. 1. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E. Public Art. Various forms of public art may be integrated into public spaces (not including public right-of-way) throughout the project. F. Detail. 1. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features of the architectural design. 28 75A-189 2. Upgraded light fixtures, door and window details and other feature items are encouraged. 3. Banners, flags and other colorful devices may be used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. 5. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement of theme and style. 29 75A-190 PARTV. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices may be substituted depending on experience and actual soil conditions. The high quality of the development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. The following categories are addressed: 1. Main Street, Owens Drive and La',vson \Vay setback areas. la. Main Street, Owens Drive and Lawson 'Vay setback areas (Phase lIt 2. Main Street, Owen Drive and Lawson "lay street frontage areas. 3. Main Street and Ov.'ens Drive planted medians. 1. Residential areas. 5. Interior pedestrian street. 6. Multi use office forecourt. 7. Hotel entry court. 8. Parking structure screen planting. 29. Temporary landscape adjacent to undeveloped parcels. 310. General notes. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with and implement these concepts of Exhibit A and B. Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of- way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. ^ .L.L. Main Street, O',vens Drive And Lawson Way Setback Areas. To create a unifying element surrounding the project area, a lundscaped edge will be maintained adjacent to Main Street, Owens Drive and Lawson 'Yay rights of 'Nay. The edge will contain formal street tree plantings with turf and pa'.'ing below. 1. Main Street Phase 1. The Main Street parbvay area designated in Phase I will incorporate a formal row of street trees planted in u three foot 30 75A-191 square planter \vithin the standard City sidewalk and park.vay of 10 feet as measured from the face of curb. The installed street trees will continue throughout the entire length of the project. An additional area of landscape, inside the property line, will contribute to create a consistent urban landscape image. This area, varying in size from 15' minimum to 95 feet maximum, of large sculptural ground cO'/er berms with trees planted in formal alternating patterns will provide a beautiful green buffer from the adjacent traffic and creates a pleasant, pedestrian scaled transition for the office tower employees and visitors. A large evergreen hedge occurring along the total length of the Main Street site functions as a visual screen from the required on grade parking lot. A '/ery special sculptural garden with large informal canopy trees will become the major focus during Phase 1. Turfwill be consistently used as the ground plane landscape treatment along the northwest frontage. At the comer of Main Street and Owens Drive, a large sculptural groundcover berm with formal, alternating arrangement of trees becomes the strong landscape transitional element. f~ continuation of the same landscape vocabulary occurs around the corner of Owens Drive. Suggested minimum elements of this streetscape area are as follows: (a) Street Tree: Arecastrum romanzoffianum Queen Palm. Size: 15' tall (brown trunk height). Spacing: Planted at 30' on center when not preyented by traffic sitelines, BCR and ECR setbacks, light standards and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, '.vater, seVier, etc. (b) Perimeter Backdrop Tree: Gleditsia triacanthos inermis Skyline Honey Locust. Size: 36" box. Spacing: 30' on center spacing. (c) Parking Lot Tree: Brachychiton populnous Bottle Tree. Size: 24" box. 31 75A-192 Spacing: spaces. One tree every four to five parking spaces. Note: Trees are to be planted in over sized boxes to facilitate future reuse of the trees on the project. (d) Sculpture Garden: Koelreuteria bipinnata Chinese Flame ~ Size: 18" to 60" Box. Spacing: Informal. (e) Parking Lot Hedge Sh.llb: Ligustrumjaponicum "Texanum" VlaxleafPrivet. Size: 5 gallon. Spacing: 30" on center. (f) Landscaped Berm: Hypericum calycinum L^~aron's Beard. Size: Flats. Spacing: 8" on center, triangular spaced. (g) Turf: Marathon Fescue II Fescue blend. Size: Sodded. la. Main Street Phase II The Main Street streetscape will be landscaped with 15 feet of turf adjacent to the curb and an additional 10 15 feet of accent paving ulong the retail building frontage. Traditional parkway sidewalks shall occur at all locations not adjacent to a retail building. The sidewalk area \vill accommodate pedestrian traffic along Main Street, and provide easy access to retail businesses. Turf planting extends five feet inside of the property line. "^~ water feature on site will draw '.'isitors into the project and provide a major focus. A wide range of landscape features such as seatv/all rings and accent pots with topiary trees will animute the street, all per the approved site plan. At the corner of Main Street and O'Nens Dri'le, a ring of accent paving and turf provide a base for a sculptural accent feature the feature occurs inside the property line and acknowledges the importance of this comer as a pedestrian access point. A allee of orchid trees leads pedestrians into the Central Court. 32 75A-193 Detailed right of 'Nay improvement plans containing the above descriptive scenario 'Hill be presented to the Public Vlorks Agency for approval. That plan may be altered subject to requirements of that Agency. Suggested minimum elements of this streetscape are as follows: (a) Street Tree Arecastrum rosanzoffianum, Queen Palm, Size: 15' tall (brown trunk). Spacing: 30' on center. (b) Secondary Mall Tree Gleditsia triacanthos inermis "Skyline"; Honey Locust. Size: 48" Box Spacing: 30' on center. (c) Seat'ovall Rings 18" high x 20" '.vide, poured in place concrete. Tree: Gleditsia triacanthos inermis Skyline Honey Locust. Size: 18" Box Groundplane: L'\nnual color. Size: 1" pots. Spacing: 8" on center. (d) Bus Drop Off Area Koelreuteria bipinnata, Chinese Flame ~ Size: 18" to 60" Box. Spacing: Informul. (e) Center Court Bauhinia "'ariegata, Purple Orchard Tree. Size: 21" Box. Spacing: 1 0' on center, plunted in raised seat planters. (f) Accent Pots/Small Topiary Tree Syzygium paniculatum, Brush Cherry. Size: 24" Box. Spacing: 24' on center, planted in pots in a formal rO'N. 33 75A-194 (g) Turf: Marathon Fescue II Fescue blend. Size: Sodded (h) Landscaped Berm Marathon Fescue II Fescue blend. Size: Seeded. Note: .Architectural berm (less than 3') to screen any interim purking. 2. Owens Dri'le Phase 1. The Owens Drive setback area in Phase I 'Hill be landscaped in a formal ro\V of street trees planted in three foot square planters with approved root barriers within the typical City of Santa Ana sidev.'alk stundards and a 10 f-oot parkway for the portion of street frontage betv.'een Main Street and the Hotel site. From the Hotel site eastvlard to Lawson Way the spacing oftrees will be informally spaced to accentuate the park like spacing f-ound in the udjacent medians and Santiago Park streetscape. The installed street trees will remain planted ',yhere there will be no circulation conflicts vlith future phasing. }~ large sculptural ground cover berm planted with a f-ormal row of alternating perimeter trees will screen the required on grade parking lot. Turf and groundcover areas expand significantly at the residential area. Easy pedestrian access is provided along the street, and buffered from adjacent '.'ehicles. Service entrances and utilities are screened from vie'.'.' with buffer planting. Suggested minimum elements of this streetscape area as follows: (a) Street Tree: Platanus acerfolia London Plane Tree. Size: 21" Box. Spacing: 35' on center spacing when not prevented by traffic sitelines, BCR and ECR setbacks, light stundard and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, water, se'.ver, etc. (b) Perimeter Tree: Gladitsia triacanthos inermis Skyline Honey Locust. Size: 36" Box. 75)(-195 Spacing: 30' on center. (c) Parking Lot Tree: Brachychiton populneus Bottle Tree. Size: 24" Box. Spacing: One tree every four to five parking lot spaces. (d) Landscaped Berm: Hypericum calycinum Aaron's Beard. Size: Flats. Spacing: 8" on center, triangular spaced. Note: L\rchitectural berm (less thun 3') to screen any interim parking. (e) Front yard Tree: Bauhinia variegata Purple Orchard Tree. Size: 21" Box. Spacing: 15' on center. (f) Groundcover: Myaporum parvafolium Drought tolerant variety. Size: Flats. Spacing: 12" on center, triangular spaced. (G) Turf: Marathon Fescue II Fescue blend. Size: Sodded. The landscape treatment for development categories 3 to 9 '.'lill be the same application for Phase I and Phase 11. 2a. O'Nens Drive Phase II The O'Nens Dri'.'e streetscape area will be landscaped with 15 feet of turf adjacent to the curb (five feet inside of the property line) and an additional 11 feet of accent paving adjacent to retail building frontage. Traditional full width side'Nalks are required in all areas not adjacent to retail area. Turf and groundco'/er areas expand significantly at the residential area. Easy pedestrian access is provided along the street, and buffered from adj aC6nt vehicles. Service entrances and utilities are screened from view with buffer planting, per the approved site plan. The street setback of the project along Owens Drive adjacent to Santiugo Park shall be 75A~196 designed to match plant materiul and design concepts of Santiago Pafk:.: A detailed specific plan containing the above descriptive scenario will be presented to the Public \V orks L^~gency for approval. That plan may be ultered subject to requirements of that Agency. Suggested minimum elements of this streetscape area are as follows: (a) Street Tree: Platanus l\cerfolia London Plane Tree. Except at retail Size: 24" Box. Spacing: 35' on center 'Nhen not prevented by traffic site lines, BCR and ECR setbacks, light standard and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, water, se'.ver, etc. (b) Secondary Mall Tree Gleditsia triacanthos "Skyline", Honey Locust; size: 18" box @ 30' 0" on center in formal feW:- (c) Screen Tree Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 21" box @ not less than 12' 0" on center spacing informal arrangement. (d) Front yard Tree Bauhinia variegata, Purple Orchard Tree; size: 21" box @ 12' 0" on center diagonal spacing. (e) Garage Vent Screening (a dense vertical hedge screening and buffering garage '/ents from the public): Syzgium paniculutum, Bush Cherry, size: 15 gal. @ 15' 0" on center planted in a formal hedge row. (f) Groundcover myaporum parvafolium drought tolerant variety, flats @ 4' on center spacing, triangular spacing. (g) Turf Types Marathon II, Fescue blend sodded; shall be consistent throughout project. 3. Owens Drive and La'.vson \-Vay Intersection. Suggested minimum element ofthis streetscape are as follO\vs: 36 75A-197 (a) Street Tree Platanus acerfolia, London Plane Tree; size: 2 4" box @ 35' 0" on center spacing in a formal rov/. (b) Secondary Tree Schinus molls, California Pepper; size: 21" box @ 20' 0" to 10' 0" on center informal spacing. (c) Shrub Types Bougainvillea 'Raspberry Ice', size. 5 gal. informul spacing. Ceanothus' ,Julia Phelps', size: 5 gal., informal spacing. Myoporum 'Pacificum', size: 5 gal., informal spacing. (d) Turf: Marathon Fescue II Fescue blend sodded 1. Lawson Way. Suggested minimum elements of the streetscape are as follows: (a) Street Tree Melaleuca leucodendron quinquenervia, Cajeput Tree; size: 21" box @ 30' 0" on center, planted in a formal row. (b) Front Yard Tree Bauhinia '.'ariegata, Purple Orchard Tree; size: 24" box @ 12' 0" on center diagonal spacing. (c) Residential Arriyal Court Lagerstroemia indica (multi stem), Crape Myrtle; size: 21" box @ 15' 0" triangular spacing, informal. (d) Turf Types Marathon II, Fescue blend sodded. Shall be consistent throughout project. B. Main Street And Owens Dri'le Planted Medians. 1. Main Street. (a) Street Tree Pinus canariensis, Canary Island Pine, size: 21" box @ 35' 0" on center spacing. (b) Turf Types Marathon Fescue II, sodded, v/ith berm shall be consistent throughout project. 2. O'Nens Dri'le. (1) Street Tree Platanus }~cerfolia, London Plane Tree, size: 21" box number spacing and arrangement as specified. 37 75A-198 (2) Turf Types Marathon Fescue II, sodded. Turfblend to match '.'lith existing turf. C. Residential Areas. 1. Recreation Areas. (a) Trees Eucalyptus sideroxylon "Rosea", Red lronbark; size: 21" 60": box, 15' 0" to 20' 0", informal spacmg. Brachychiton populneus, size: 21" 60" box, 15' 0" to 25' 0", informal spacing. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. (b) Accent Trees Archontophoenix cynninghamiana, King Palm; size: 20' 0", brown trunk, 12' 0" to 20' 0", informal spacmg. Washingtonia filifera, California Fan Palm, size: 20' 0", brown trunk, 12' 0" to 20' 0", informal spacmg. (c) Barbecue kiosk/recreation building 20'x20' square. (d) Pool and Spa 25')(50' pool and 10' diameter spa. Formal character. 2. Interior Common Open Space. (a) Interior Walk Tree (i) Tristania conferta, Brisbane Box; size: 36" box, 25' 0" on center spacing; (ii) Heteromeles arbutifolis, size: 36" box, 25' 0" on center spacing. (b) Turf Types Marathon Fescue II, Fescue blend seeded. Shall be consistent throughout project. (c) Vine Pockets ull three story '.vall, hebertia scandens or untignon leptopus, 15 gal., 15' 0" on center. 38 75A-199 (d) Groundcovers drought tolerant variety, flats @ 4" on center, triangular spacing. (e) Accent Paving At base of building at pool areas, path system, auto courts and arrival court. Saw cut concrete with integrul color. (f) Stream Water Feature informal character, linking pool area with hotel porte cochere. Multiple accent planting. (g) Lattice Trash Enclosure (Phase I only) vine covered trellis structure. Bougainvillea 'San Diego Red', 15 gal. @ 15' 0" on center spacing. 'Wisteria sinensis, Chinese Wisteria; size: 15 gal. @ 15' 0" on center spacing. (h) Residential Internal Road Grewiu cafra, 15 gallon, espallier Liriope spicata, 1" pots Heteromeles arbutifolia or lagefStroemia indica, 15 gallon. 3. Private Open Space: (a) Patio Tree Heteromeles arbutifolis or Rapheolepis Indica tree form cultivar, size: 21" box, informal spacing. D. Concourse Drive. 1. Street Tree Vlashington filifera, California Fan Palm; size: 25' 0", brovlll trunk @ 30' 0" on center spacing, planted in a formal arrangement. 2. Ornamental Street Lighting size. 20' 0" high @ 30' 0" triangular spacing ',vith plan trees. 3. Ornumental Pots planted with annuul color. Pot to match size furnishing selection. Flats @ 4" on center spacing. 4. Garage Vent Screening (a dense vertical hedge screening and buffering underground garage vents from the public): Syzygium paniculatum, Bush Cherry, size: 15 gal. @ 3' 0" on center, planted in a formal hedge ro\v. 39 75A-200 5. Accent Paving through interior street. Saw cut concrete, with integral color. E. Pedestrian Oriented Public Plaza. 1. Formal arrangement in tree grates. Palm Bosquet Washingtonia filifera, California Fan Palms, size: 25' 0", brown trunk, 20' 0" on center spacing. 2. Central Fountain formal circular water feature ',vith vertical spray jets: 3. Accent Paving saw cut concrete, integral color, throughout forecourt area, exclusi'/e of public rights of way or required easements. F. Hotel Entry Court. 1. Street Tree \Vashingtonia filifera, California Fan Palms, size: 25' 0", brown trunk, 35' 0, on center, planted in formal arrangements in tree grates. 2. Entry Dri'/e Tree Jacaranda mimosifolia, Jacaranda; size: 60' box planted in formal arrangement. 3. Ornamental Pots planted with annual color. 4. Turf Types Marathon II, Fescue blend sodded; shall be consistent throughout proj ect. 5. }~ccent Paving throughout sa..v cut concrete, integral color. G. Parking Structure Screen. Landscaping shall be used to soften visual impact of all parking structures. The use of vines is encouraged. 1. Screen Trees: (a) Eucalyptus Citriodora, lemon scented gum, size: 36" box, 15' 0" on center spacing, informal spacing. (b) Podocarpus macrophyllus, Yew Pine, size: 36" box, 15' 0" on center spacing, formal arrangement in a row. 40 75A-201 2. Screen sh...llbs at groundplane. Syzygium paniculatum, Bush Cherry; size: 15 gal. @ 15' 0" on center spacing. 3. Ornamental groundcovers. Drought tolerant groundcovers, flats 1" on center, triangular spacing. 4. Vines: Suggested types: Parthenocisns Tricuspidata, size: 15 gul. @ 15' 0" on center spacing; Bouganvilla species, size: 15 gal. @ 15'0" on center spacing; Ficus Pumila, size: 15 gal. @ 15'0" on center spacing; Antigonon Ceptopus, 15 gal at 15 ft. O.c.. A.ll: Temporary Landscape Adjacent To Undeveloped Parcels. Areas of the site not developed in the initial phase shallmay be developed as surface parking and if so developed shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setback Areas - Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas - Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-1/2) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm - Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordance with the City's commercial development standards. Turf areas shall not exceed four to one slope. 4. Canopy Trees - Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. 5. Turf Types - Shall be consistent throughout project (Marathon II) 6. Shrubs - Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features - Will accent undeveloped parcels, prior to project buildout. 41 75A-202 B.l: General Notes. 1. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 2. Textured concrete paving in the short term parking will be sealed for ease of maintenance and protection from vehicle oil leaks. 3. Planter areas in the slab over underground parking will be sealed for water proofing \vith asphalt coating and a liner. 3.4-: No use of Queen Palms for the project interior areas. 4.~. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 6. Vine pockets and/or fenestration shall be pro'?ided at all three story walls of single family attached housing to minimize the blank garage walls. 5.1. All landscaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick coupler adjacent to all trash enclosures shall be provided. 6.&. On site trees will be spaced in coordination with required existing parkway trees. 7.9. The development will provide double-staking for all newly planted trees (on and off site). 8.M. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 9.U. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air conditioning units, etc. lQ"R. Phasing oflandscape implementation shall be compatible with the construction schedule for the entire project, as per the approved site plan. 42 75A-203 II.H. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. 12.+4. A xeriphytic landscaping materials and irrigation design shall be used for this project. In addition, the plant palette along the southerly edge of the proiect shall mffi:ef be compatible with that of Santiago Park, where the park is adjacent to the project. 43 75A-204 PART V1. SIGNAGE A Intent. Every sign in the Main Street Concourse City Place project will be part of a planned sign program which will be submitted for ;e~lanning department Division review and approval in accordance with the criteria set forth in this Plan and SAMC Divisions 3 and 4 of Ordinance No. NS 2116 (Sections 11 880 through 41 891 of the Code adopted March 18,1991). The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the Main Street Concourse City Place Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The Main Street Concourse City Place project is envisioned as a superior quality urban-style mixed-use complex, and architecturally spectacular em commercially restrained. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter of the project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the Concourse, be compatible with the kind of exciting dynamic environment which is intended to be created. For the purposes of this Plan, the "interior" of the Main Street Concourse project is depicted on Exhibit B attached hereto, and incorporated herein. B. Sign Message Categories. The project sign program shall address the following categories of information: . Project and major facilities identification at site entries . Tenant identification signage . Regulatory vehicular signage . Directional vehicular signage . Street identification . Informational pedestrian signage . Directional pedestrian signage . Building identification signage . Site directories and orientation maps . Service signage . Parking level and area identification signage . Visitor directional and informational signage . Building address signage . Building/site directories 44 75A-205 . Elevator identification and fire/lifc safety . Office tenant identification signage . Typical door identification signage . Restroom and telephone identification signage . Operation information signage . Electronic cinema marquee . Loading dock information . Loading dock numbers . Bus and taxi identification . Bus and taxi loading and unloading information . Construction barricade . Fixed Guideway signage (future) C. Physical Sign Types. Physical classification of project signage will be by the following categories: 1. Freestanding signs. 2. Wall/canopy signs. 3. Projecting signs. 4. Marquee signs (Theater Only). 5. Under canopy/window/hanging signs. 6. Major building identification. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. 1. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are acceptable only within the interior of the project. Such signage could be used with respect to the theatre, health club, or restaurants. Such signs shall not be visible from the perimeter public right-of-way or the residential development in the proj ect. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior of the Main Street Concourse City Place project, provided they are consistent with the overall design of the signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 45 75A-206 4. The sign program shall acknowledge approval of carefully worded parking garage signage and on-site circulation directional signage for Phase I and Phase II per the EIR and the Ampco parking study. E. Criteria For Individual Sign Types~ will be determined by the approved sign program. Shall conform to size limitations as outlined in SAMq 1. Freestanding Signs Freestanding signs shall conform to SAMC requirements. a. Exterior to the Project. The project may incorporate a maximum of seven freestanding double faced signs which are visible from the exterior of the project, with five signs having a maximum sign face of 60 square feet and a maximum height of 15 feet. There may be a total of t'110 freestanding signs measuring no more than 30 feet high with a 120 square foot face which are visible from the exterior ofthe project. A free standing sign for each related address, such that the project address shall be located on a sign '..vhich can be easily seen from the street. Such freestanding signs need not be placed in planters but may be located along or across a public or private street. b. Interior to the Project. 1. .Within the interior of the proj ect, there may be six freestanding signs. Such signs may be for individual tenants, project identification or directions. Interior freestanding signs shall not exceed 7 feet high and 15 sq. ft. maximum sign area. Signs located in the interior shall only be oriented for viewing from the interior. 2. Wall/Canopy Signs. a. ',vall signs interior to the project may be placed higher than the second floor on an area where there are three stories of retail and the third story of retail space has a separate third floor access. a.lr. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. Signs ',vithin the interior of the 46 75A-207 project which use mirrors reflecting a direct light source or utilize flashing, blinking or sequence lights may be used provided they do not '.'isually predominate from the exterior of the project so as to create a safety hazard, or so us to adversely affect adjacent land uses. 3. Projecting Signs. a. Within the interior portions of the project, such as along the Concourse, one projecting sign per pedestrian level tenant may be provided. b. The project may provide any number of such signs with mixed types so long as the style of the signs area aesthetically compatible. Projecting signs shall be located no closer than 15 feet from one another. Proj ecting signs may be located on all stories of retail uses in the project. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. d. External to the project there may be one major projecting entrance sign for each side of a pedestrian or vehicular entrance. Each such projecting entrance sign may not exceed 24 feet in yertical dimension. 4. Marquee Signs. The cineplex theater may have a major marquee sign at the cineplex theater entrance. The marquee sign may be large enough to accommodate the informational requirements of the uses being identified, and may employ changeable copy and appropriately sized based on unit and frontage. 5. Signs Under Canopies And Marquees. The area of any sign under a canopy or marquee shall not exceed 21 square feet Santa Ana Municipal Code. Such signs shall meet all minimum Building Code height clearances. 6. Major Building Identification Signs. Major building identification signs need not be located at the top story of a building, but should be limited to the top five stories. \Vith respect to letter height, for structures 'Nithin the Main Street Concourse Plan area with fifteen or more floors, the letters used for 47 75A-208 major building identification signs will be calculated at 4 inches per floor over 18 floors plus a base allowance of 12 inches. Thus, for the planned 32 story office structure, the height of the letter permitted will be approximately 140 inches. Signs shall not exceed 10% of the width of the signable area. Major building identification signs shall not be permitted on residential buildings. There shall be a maximum of one sign per ele','ation and four signs per building maximum. 6.+: Temporary Identification Signs. a. Per Santa Ana Municipal Code Sale or Lease Sign: One sign per street not to exceed eighty (80) square feet in area advertising the sale, lease, or hire of the site will be allowed. The sign may be illuminated. The sign may not exceed 16 feet in height. b. Per Santa Ana Municipal Code Construction Sign: One sign not to exceed eighty (80) square feet in area denoting the architects, engineers, contractor, brokers, designers and other related subjects will be allowed at commencement of construction. Said sign will be removed within thirty (30) days after issuance of an occupancy permit for the building. The sign may be illuminated. The sign shall not exceed 20 feet in height. c. Per Santa Ana Municipal Code Temporary Future Tenant Sign: One sign allowing the identification of future tenants will be allo',ved. Such signs shall not exceed twenty (20) square feet in area. 7.& Submission Of Main Street Concourse City Place Plan Signing Design Program. Project applicant shall submit a planned project sign program for review by the Planning Department Division in accordance with the standard ~.r.1anning department Division procedures and this Plan. The following Code provisions have been identified as being incompatible ','/ith the overall goals and objectives of the Main Street Concourse Plan and therefore these Code sections shall not be applicable to the sign program for the Main Street Concourse. The relevant Code sections are: *Section 41 860(a) (3) (prohibits moving signs); 11 861(2) (prohibits flags and banners); 41 862( a)(1) (limits size of freestanding signs); 48 75A-209 41 862(b)(2) (signage must be in a planter); 41 862(b) (1) (limits signs near residential uses); 41 862(b)(5) (spacing limits on freestanding signs); 41 862(c) (2) (height limits); 41 862( c) (3) (limits site to one freestanding sign); *41 862(d)(1) (no mirrors or flashing, blinking, sequenced lights); 11 862(d)(5) (limits location ofproject address); *41 863(d) (1) (4) (limits on location of wall or canopy signs); 41 863(e) (1) (all signs consistent in shape, type and materials); 11 863(e) (4) (no mirrors or flashing, blinking or sequenced lights ); 11 861(a) (limit projecting signs); 11 861(b) (2) (no projecting sign may be ',vithin 50 feet of another) ; 41 864(b) (3) (no projecting sign higher than ground level); 11 861(c) (2) (face ofprojecting sign shall not exceed 25 sq. ft.); 11 864( c) (4) (face of projecting sign must be less than 1 feet from wallf; 41 861(c) (5) (face ofprojecting sign must be less than 7 '/ertical teeth 41 861(d) (1) (sign copy may not exceed 50% of sign face); *11 861(d) (3) (no blinking, flashing, unshielded or sequenced lights); 11 865 (b) (limits on sign face and copy area of marquee signs); 41 865(c) (limits on dimensions for marquee signs); 41 866(d) (limits signs under canopy or marquee to 1 sq. ft.); 41 866(e) (limits letters on signs under canopy or marquee to 8 inches); 41 867( d) (requires building identification signs to be on top story); 11 867 (e) (letter height limits for building identification signs); 11 868(a) (3) (sign face limits for residential identification signs); 41 868(a) (4) (height for residential identification sign car~ot exceed 6 feet); 11 868(a) (5) (v/idth for residential identification sign cannot exceed 8 feet); 41 868(b) (limits on directory type signs); *41 872(a) (limits on directional signs); and 41 872(e) (limits on construction signs). An "*" denotes regulations which are applicable only to the exterior of the proj ect. 49 75A-210 PART VIr. LIGHTING Street lighting can be used to help unify the Main Street Concourse City Place and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design concept are encouraged. Street lighting and parking lot parking contribute to the safety and security of the project. Unique lighting fixtures may provide easy identification of the project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior of the project. Lighting shall not interfere with vehicular traffic. A. Street Lighting/Exterior To The Project. (Public Right-of-Way) 1. All street lighting along Main Street, Owens Memory Lane and Lawson shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifications as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to create unity along the project perimeter, in accordance with the City's commercial development standards. B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive. 1. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic uplighting or wall shadow effects with plant materials encouraged. 3. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area of the project. 4. The use of neon and other specialized lighting effects that would reinforce the attractiveness of the project to pedestrian traffic and incorporate the design theme of the proj ect may be used. 5. The use of white or clear string lighting in trees around outdoor pedestrian areas may be used. 50 75A-211 6. Washing large wall areas with light to create shadows from landscape materials may be used. 7. Lighting along the Concourse Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. 1. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commercial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sources. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effects. 5. Lighting shall not cast any glare onto adjacent lots and streets outside the perimeters of the Main Street Concourse City Place project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Architectural lighting should be used to articulate the particular building design. D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana Municipal Code and approved by the Police Department. Classification Minimum Maintained Horiz. F.e. at Ground Min. A vg. Vert, F.C. \Valkways Adjacent to Roadways 1.0 F.C. 2.2 F.C. @ 51 75A-212 Intermediate L\.reas Residential Areas Walkways Distant to Roadways Open Facility (Parking Lot) Co'.'ered Facility (Parking Structure) Ramp and Corners Entrance Areas 0.6 F.e. 1.0 F.e. 1.0 F.C. 1.0 F.C. 4:1 5.0F.C. (daytime) (sum of electric + daylight) 4:1 5.0F.C. (nighttime) 10.0 F.C. (daytime) 50.0 F.e. (daytime) 52 75A-213 &-feet 1.1 F.C. @ 5 feet 0.5 F.e. @ 8 feet 0.5 F.C. 1. The minimum to average uniformity ratio of illuminance le'.'els on non residential pathv;ays should not exceed 5: 1. In residential areas, a ratio of 10: 1 is acceptable. 2. All enclosed corridors shall be illuminated to a minimum one (1) footcandle of light. 3. Lighting designs for each phase of development including Photometric footcandle calculations of all parking lots and walhvays shall be reviewed by the Police Department of the City of Santa Ana for consistency with this Plan. 4. The use of lO'ty pressure sodium as a lighting source is prohibited. 53 75A-214 PART VII1. OPERATIONAL STANDARDS 1. Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program of the certified final Environmental Impact Report for this project. 3. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following studyies shall be reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan Security plan Shared parking analysis Parking operations plan 5. All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. In addition, funding for private cart pick up of trash from the indi'lidual to'..vnhouses to a central point shall be established prior to building occupancy. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic lanes, parking management, >ralet and trash pick-up shall be maintained by the project management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse .foof two car garage that will disrupt the ability to park resident and guest vehicles in all four both spaces. 10. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 54 75A-215 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 12. The proposed non residential parking requirement relief shall not be greater than proportional to phuse size no more than a 20% maximum reduction und subject to conditions of a parking reduction variance. Prior to Phase II, the parking requirement may be reexamined at the deyelopers option. The parking requirement as determined through a parking demand study of occupied Phase I, may be readjust (up or dov,'ll) by the Planning Commission as a condition of Phase II building permit. 55 75A-216 PART IX.. CONCEPTUAL PLAN APPROV AL The city hereby appro'/es these certain conceptual site plans for Main Street Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's Site Plan Re'liew process and illustrated on Exhibit C 1 and C 2 attached hereto (hereinafter the "Conceptual Plan"). Appro'lal(s) of non material amendments or modificutions to the Conceptual Plan or any final Plans approved by the City may be made by the City of Santa Ana Directors of Public 'N orks and Planning. The Owner shall have the right to appeal any adverse decision, first to the Planning Commission and then, if necessary, to the city Council. A "non material" change shull be a minor site plan alteration in harmony with this Plan and any development agreement 't'lhich may then affect the property. The Conceptual Plan assumes the eventual acquisition by the developer of the Main Street Concourse project of the Polly's Pie site at the corner of Main and Owens. Consequently: No building permit shall issue for any development of the subject property until one of the following conditions has been satisfied: (1) The developer of the Main Street Concourse Project shall have acquired the Polly's Pies site. (2) The developer of the Main Street Concourse Project shall ha'le entered into an agreement with the Community Redevelopment Agency of the City of Santa f~a whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. (3) The developer ofthe Main Street Concourse Project shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentatiye subdivision map which does not include the Polly's Pies site, and (b) a development plan f-or the Main Street Concourse Project, in accordance \vith the zoning regulations applicable to the SD district, v/hich assumes the non acquisition of the Polly's Pies site by the developer. All Phuse II improvements shall be submitted to Site Plan Revie\v and the Planning Commission for review and approval in conformance '.vith this Specific De'.'elopment and any Development Agreement, tract map conditions, conditional use permit or variance applicable to this site. 56 75A-217 .All material amendments or modifications to the conceptual plan shall be reviewed und approved by the Planning Commission. 57 75A-218 "! · ~ II d H l ~ ~i iJ ;~ 'f ~~~I 1i'~ H "_1.1 !~~ l ~ ; lio ~i i h! ~Ii ~l~~ n . ;]( 0 UII I~ i ~!l !!21 ~~~3 H~ j HI I uli UB ~ en '" 1(1 ..: Z W 0 ~ ~ ~ ~u ~ m~ Z -ill o ---.-r-----.-.-. I (/) !:: :5 u _.--.~-- I --~.;;;.f~;;---------+-1 ~ ~ 5 '" <{------ ^~/IINOSM -== ,_ ~ i:ii '" N ::> " ~ u ~~ -T ~'!-~*~, ;: ~ :LrJ;; ~ ~"tf'/'~i tL ;:; ~ ~ ~ ~ 5 ~ . ! ..... I..., fa. iJ: \ :>.: 'm' I ,Ii' r- ~ : : ~ - !J I ~ e:: ...: ':I ~ ,It ,,;;!;li ,,--,-, e;;:-" \ ::!; u; ~: 'I' '"'_::l.to ":-~ 'OIii1 " ;f- "~~ i ~ ;,:!:: ~ :II . 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ClI'YP.LAC.E WE ' 1114.<"'IHH_.t~,~" l,~~~~~~,~~~~ '..:)1i":.~;.o;'fl to .-,ltl "-111..'( (,,It.U,, ;):hlltl tl.t~ ,.'W"'(il,;o, ",.ltJo~1 U ~,~.}i.. FUTURE DEVELOPMENT PHASE ",# /\ 0 30 .0 90 FEBRUARY 22, 200S 1'~30' L-3 LANDSCAPE PLAN ~~ ~:.,,:.1.1.",-.~:l".,.lf..~' . 75A3'222 (.lTYPLACE WES!' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE g 6103 FIRST AMENDED AND REST A TED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: February 14,2005 EXHIBIT 7 75A-223 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company ("Owner" or "Property Owner"). 1. RECITALS. This Agreement is entered into with reference to the following facts: 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office of the County of Orange (the "Original Agreement"). (1) The purpose of the Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93-_. (2) Orient's interest was subsequently acquired by Owner, who has applied to the City for approvals of a modified project, including an amendment to SD-59 and a new vesting tentative map. (3) The City and Owner agree that the changes Owner seeks in the Original Agreement substantiate the need to amend and restate the Original Agreement. 1.2 Code Authorization. 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 the City and Owner in the development process. The City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) the time of development. This Agreement is intended to assure adequate public facilities at (2) This Agreement is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS-261.6.===. 1 75A-224 (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process:, as further provided in this Agreement. (5) This Agreement will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner 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. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property is approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is vacant: 1.3 Approval of Owner. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On October 25, 2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. This public hearing was duly held, all public testimony was attended to, and consideration of this matter continued by the Planning Commission to its regular meeting of December 13,2004, on which date the Planning Commission recommended to the City Council of the City that it execute this Agreement. On February 7, 2005, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. Following this puhlic hearing, the matter was continued the Council's next recular meetinc on FehnJary 72, 200:'), in order to make certain changes to this Agreement, SD-'i9 and Vesting Tentative Map No 1440X, to all of which the Owner voluntarily agreed 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Planes) as well as all other applicable ordinances, plans, policies and regulations of the City. 2 75A-225 1.6 City Ordinance. On feblualy 22MClrch 1, 2005, the Council adopted Ordinance No. NS-2fi77 approving this Agreement. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the Agreement, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Map" means Tentative Tract Map No.2004-06 , approved concurrently with this Agreement. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Property, and includes Main Street Concourse, LLC's successors in interest. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in SO-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental Impact Report No. 2004-01, and Site Plan Review No. 2004-05. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required by this Agreement, and is subject to refinement at the time of installation, by Agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit De~ienMion De~cription Referred to in Section A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Public Art Locational Plan 2.5 o Phasing Plan 5.1.1 E Remaining Offsite Mitigation Measures 3 5.1.2 75A-226 F Residential High Rise Tower Study Area 5.4 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This Agreement amends, restates and supersedes the Original Agreement in its entirety. 4.2 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.3 Effective Date; Duration of Agreement. The "Effective Date" of this Development Agreement shall be the date that the City Council ordinance adopting this Development Agreement becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS::~ 2f1l.6== (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures or unless its effective date is stayed by order of a court with jurisdiction. The remaining term of this Agreement shall extend for the same period as specified in the Original Agreement, unless this Agreement is earlier terminated or its term modified by further agreement fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall remain in full force and effect. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of the Map, including any lot line adjustment or merger oflots (or any other tentative map filed subsequent to the Effective Date of this Agreement), shall not expire during the term of this Development Agreement remains in effect. (c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original or any modified term, the Property is in the process of being developed, the term of this Development Agreement shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. (d) The expiration of this Development Agreement shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this Development Agreement, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law. (e) Upon the expiration or termination of this Development Agreement for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4 75A-227 4.4 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that except as provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for ownership, investment, use or development by them in accordance with the provisions of this Agreement. 4.4.1 Assignment to Controlled Assignee. Notwithstanding the above, consent shall not be required in connection with a Permitted Transfer (as herein defined) of Property of Owner provided City Council is notified of such Permitted Transfer and furnished with copies of the fully executed instruments effectuating same within fifteen (15) business days after the effective date thereof. For purposes hereof, the capitalized terms used herein shall be defined as follows: (i) "Permitted Transfer" shall mean Transfer ofthe Property or direct or indirect interests in Owner if, following the transfer (a) the Property remains under the Legal Control (defined below) of Robert H. Bisno, or, upon the death of Robert H. Bisno, his heirs or devisees, or (b) foreclosure pursuant to the provisions of section 8.5 of this Agreement. (ii) "Legal Control" shall mean the power or authority, directly or indirectly through one or more intermediaries, through the ownership of voting securities, by contract or otherwise, to direct the management, activities or policies of such person or entity. (iii) "Transfer" shall mean any change in the direct or indirect members, partners, shareholders or principals in the ownership of an entity or other ownership components of such entity. 4.5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868; provided, however, that as specified in section 5.5.1 of this Agreement the Executive Director may approve one or more minor changes in the Project only to the extent that such changes are 5 75A-228 not required by State law or the City Municipal Code to be decided by the Zoning Administrator, Planning Commission (or other City Commission) or City Council. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement except as may be provided in Section 6.3(5) ofthis Agreement. 4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (I) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, other than a breach by the City of its obligations hereunder. Property Owner agrees to pay all costs for the defense ofthe City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any third party claims arising out of this Agreement, or any approval or certification by the City relating to the Project. This hold harmless Agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement, The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, excluding fees and costs for special counsel to be selected by the City or other outside counselor consultants, if any, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.8 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.4 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 6 75A-229 4.9 Relationship of the Parties. The contractual relationship between the City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.10 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile in the manner provided in this Section, to the following persons: If to the City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-3I P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 If to Owner, to: Main Street Concourse, LLC c/o Transaction Companies 1800 Century Park East, Suite 450 Los Angeles, CA 90067-1518 Attn: Robert H. Bisno Telefacsimile (310) 277-3787 and, F. Thomas Muller, Esq. O'Melveny & Myers LLP 400 South Hope Street Los Angeles, California 90071 telefacsimile (213) 430-6407 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and 7 75A-230 transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use(s), density, height, size of structures and intensity of use of the Property, and provisions for reservation or dedication ofland for public purposes and any other exactions or mitigation measures applicable to the Project shall be those rules, regulations, and policies applicable to the Property as of the Effective Date, including those set forth in District Plan No. 59, as amended concurrently herewith. 5.1.1 Phasing of the Project. The City agrees and acknowledges that the Project may be phased by Owner pursuant to the Phasing Plan attached to this Agreement as Exhibit D. 5.1.2. Reserved DCH!opment of Commel cia! Component Tic~ DeH!opmcnt \If Hold Dack U !lits. a. PliO! tu OWllel seekillg issual,ce ofa buildiltg pellllit fOI tlte fil,al4J lcsidclttial llllits ill tile PlOjCCt (excluding flOlll tl,is COUllt ultits witl,il, tile RGsidential Towel Study AlGa (Exllil,it r Ileleto)), 01 fOl allY IGsidelttial Ullit located withilt tin: Residel,tial TOWGI Study Alea (LAllibit r Ileleto) (Ileleaftel collectively lefe/,ed to as tile "lIold Bad. Ullits"), OWltel sl.alll,ave filst obtdilled validly issued building pCllllits fOI olte I,Ul,dled pelceltt (100%) uftlle cOIII/llelcial cOlllpOneltt of tile PlOject. b. PI iOI to SCGkillg a cel tificatc of occupancy f01 alty of tlte 1I0ld Back UI,its, OWltel shallllave cOlllpleted all illlplovelllents, includil,g site inlplovelllellts alld excludillg Oldy tellallt illll'! 0 v elllellts, 1'01 Olle IILllldl cd pel celtt ( 100'%) of tllc COIII/IICI cial COIllP.)IICl1t of tile Ploject. 5.1.3 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that Owner's predecessor in interest under the Original Agreement, has constructed or caused to be constructed many of the offsite mitigation measures required by the Original Agreement, which mitigation measures were scaled to mitigate impacts from a substantially larger project than Owner's. Therefore, the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit E to this Agreement. 8 75A-231 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City a/Camarillo (1984) 37 Ca1.3d 465,208 Ca1.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation ("Reserved Powers"): a. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SO-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Future, Proposed Residential, High Rise Towers. a Without in any way affecting the rights vested pursuant to this Agreement, Owner shall meet and confer in good faith with the City on whether to construct a residential, for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this Agreement, in lieu of the sinEle family residential development at the density ot' I unit per acre approved for such area concurrently herewith. The parties hereto acknowledge and agree that the City's discretionary review of any such proposal together with any approvals sought to develop any such tower on the Property shall be deemed to fall within the provisions of section 5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith investigation and consideration the Owner has not concluded by August 1,2005, that a high rise development is feasible, Owner may proceed with development as approved concurrently 9 75A-232 herewith. No fees, exactions, mitigation measures or dedications shall be required with respect to such area until development commences thereon. h In consideration of the ahove, and the extraordinary and ',ir:nificant henefits that Owner acknowledr:es and arrees that it has received in executinr: this Arreement, Owner voluntarily waives any claim, and holds harmless the City, its officers, agents and employees from any claim that damages jllst compensation, restitution, judicial or eqllitahle reliefis due hy reason of the terms ofor effects arising from this Agreement or the Project, other than a hreach hy the City of its ohl igations hereunder Said waiver and hold harmless shall he in addition to that set forth in other provisions of this Ar:reement, includinr: hut not limited to section 4 7 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by this Agreement subsequent to the effective date of this Agreement from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, material changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for discretionary land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing between the parties. 5.5.1 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifications to the discretionary approvals vested pursuant to this Agreement, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification. " 5.6 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any exactions, project design features, 10 75A-233 conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Work of Public Art. In consideration for the extraordinary and significant benefits to the City set forth in this Section, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses ofland, density, and intensity of use, Owner shall include within the Project at one or more prime locations visible to the public from currently existing public right-of-way, one or more permanent works of public art (the "Public Art"). The Owner shall design and/or construct the facilities specified below prior to the corresponding triggering event specified in section 5.8.1 below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public Art Locational Plan." 5.8.1 Work of Public Art. Fllcilities to He Constmctecl Triggering Event (F: g, New lJse or New Arell) Prior to issuance of first Building Permit or four (4) years from the effective date of this Agreement, whichever comes first. 1. Submit Final Design of Public Art. Final design must conform to Public Art Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any building, or five (5) years from the effective date of this Agreement, whichever comes first: With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building permit. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. 5.8.3 Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a 1 25-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of 11 75A-234 constructing said theater, it will pay the City a fee of $400,000.00 upon the issuance of the first building permit for the Project. The City agrees to use this fee toward the design and construction of a theater. 5.8.4. Park Requirements. a. Santiago Park Improvements. The Owner shall pay a special Santiago Park fee of $1.64 per square foot of net rentable or salable square feet of development as a condition of issuance of each building permit. The parties acknowledge and agree that this contribution is in addition to any tax or fee or dedication imposed by the City on new residential development. The City shall use said fees for deferred maintenance and capital improvements to Santiago Park. If not used or appropriated within five years after payment, this fee shall be returned to Owner, consistent with the provisions of and exceptions contained within the California Mitigation Fee Act, Government Code S 66000 et seq. This fee shall be offset against the fee owed the City pursuant to section 5.8.4(b) of this Agreement (i.e., the amount in the "In- Lieu Park Fee" required of Owner shall be reduced by an amount equal to the special Santiago Park fee paid by Owner pursuant to this section). b. In-Lieu Park Fee. The Owner shall pay an "in lieu" fee at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34- 204 et seq. of the Santa Ana Municipal Code, as specified in the City's site plan review letter; provided, however that the fee may be increased yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by the annual change in the "Construction Cost Index-Los Angeles," published by Engineering News-Record, or substitute index chosen by the Executive Director should this index is discontinued. The fee shall be paid for each phase, as set forth in section 5.1.1 of this Agreement, prior to issuance of the first building permit for that phase, and shall be utilized by the City in the Quadrant of the City (as set forth in the City's Park A&D Fee program) in which the Project is located, with priority given to Santiago Park. 5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) No more than four residents per live-work unit. (2) All residential and live-work units shall remain owner occupied and shall not allow rental of the entire unit. (3) Use Restriction for Live-Work Units. The live-work project must remain as a live-work community. The work component shall be limited to one of the allowable uses as specified in the Specific Development (SD-59) zoning district. (4) Repair of perimeter walls will be specified in the CC&R's in the event of damage. 12 75A-235 (5) The CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property zoned and/or devoted to commercial use), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (6) The CC&R's shall reflect that ground floor space in the live-work units shall be restricted to work/retail activities. (7) The CC&R' s shall reflect that balconies may not be used for storage. (8) Terms and Content: 1. CC&R's are to be in effect for 66 years. ii. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 5.9 Responsibility For Costs of Work Of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 5.10 City to Receive Contract Documents. Owner shall furnish the City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.11 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.12 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property or the implementation or construction of a mitigation measure, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property or this Agreement. 5.13 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision 13 75A-236 in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. ~ 12101 et seq., Government Code ~ 4450 et seq., and the Unruh Civil Rights Act, Civil Code ~ 51 et seq. ("Governmental Requirements"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Executive Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (1) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this Agreement that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; 14 75A-237 (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (I) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, a written notice of default, in the manner provided in Section 4.10, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this Agreement in accordance with the procedure adopted by the City. Failure or delay in giving notice of default- shall not constitute a waiver of any default, nor shall it change the time of default. (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (4) Non-performance shall not be excused because ofa failure of a third person. (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 15 75A-238 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this Agreement for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southem Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this Agreement (I) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed 16 75A-239 diligently to obtain possession of the Property (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new agreement or amend this Agreement with such party, upon the written request therefor by such 17 75A-240 party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new agreement or amended Agreement shall be substantially the same in form and content to the provisions of this Agreement, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this Agreement. Upon execution and delivery of such new agreement or amended Agreement, the City shall cooperate with the new owner, at the sole expense of said new owner, in taking such action as may be necessary to cancel and discharge this Agreement and to remove Owner named herein from the Property. 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement, including without limitation the Original Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of the City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties conceming any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of this Agreement. 18 75A-241 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9 10 No Reliance By One Party On The Other Fach party has received independent legal advice from its attomeys with respect to the advisahility of executine this Aereement and the meanine of the provisions hereof In addition the provisions of this Aereement shall he construed as to their fair meaning, and not for or against any party hased upon any attrihution to such party as the SOllrce of the laneuaee in question 9 11 Arms I.en~th Transaction Fach party represents and warrants to the other the followine" it has carefully read this Aereement ami in sienine this Aereement it does so with full knowledee of any rights which it may otherwise have, and it has freely siened this Aereement without any reliance upon any agreement, promise, statement or representation hy or on heha I f of the ot her party or its aeents, employees or attorneys except as spel'i fica Ily set forth in this Agreement, and without dllfess or coercion, whether economic or otherwi.s.e... 9.162 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. 19 75A-242 IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its MayorCity Manar:er, pursuant to Ordinance No. NS-2677 , authorizing such execution, and by Property Owner. Dated this ZZrrdlth day of reblUdIYMar.c.h, 2005. THE CITY OF SANTA ANA By DAVIDN. REAM City Manager (sienatures continlled on next page) (sienatures continlled from previolls paee) Approved as to Form: By JOSEPH W. FLETCHER City Attorney (sigl1atul GS cOl1til1uGd 011 I1GXt page) (sigl,atUlcs CulltihUGd f10111 PIGvious page) MAIN STREET CONCOURSE, LLC, A California Limited Liability Company 20 75A-243 By: TransAction Financial Corporation~. a Califomia Corporation, Its Manager By Robert H. Bisno, Chief Executive Officer 21 75A-244 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of , 200_, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this day of , 200_, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of ., the that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 75A-245 EXHIBIT A Property Legal Description To be inserted 75A-246 EXHIBIT B Property Site Plan To be inserted 75A-247 EXHIBIT C Public Art Locational Plan 1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Main Street at one or two major entrances to the Project, with the final location to be determined as specified in paragraph 2.5 of this Agreement. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this Agreement. Review and approvals required by the Planning Commission pursuant to sections 5.8, 5.8.1 or this Exhibit C may be delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation 1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) 11. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. IV. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 75A-248 VI. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. V11. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. a mass produced object from a standard design; 11. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor IV. a water feature, in whole or in part. 75A-249 EXHIBIT 0 Phasing Plan 75A-250 EXHIBIT E Remaining Offsite Mitigation Measures 75A-251 EXHIBIT F Residential Tower Study Area 75A-252 Vesting Tentative Tract Map No. 2004-06 October 25, 2004 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the District Center land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2004-06 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. B. The proposed proj ect, as conditioned, conforms requirements of the zoning and subdivision codes, applicable City ordinances. to all applicable as well as other The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2004-06 is in keeping with the provisions of the site plan review (Development proj ect No. 2003-48) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2004-06. C. The project site is physically suitable for the type and density of the proposed project. The proj ect site consists of approximately 17 acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, allowing adequate frontage for each parcel. The site and parcels have been determined to be capable of supporting the type and density of the proposed proj ect. There are no physical constraints on the site to preclude development. ZOA 04-61EIR 04-1/DA 04-4 CUP 04-281SPR 05-5 VESTING TTM 04-6 EXHIBIT 8 75A-253 Vesting Tentative Tract Map No. 2004-06 October 25, 2004 Page 2 of 2 D. The design and improvements of the proposed proj ect substantial environmental damage or substantially injure fish or wildlife or their habitat. will not cause and avoidable There are no wetlands or unusual flora or fauna on or around the proj ect site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. E. The design or improvements of the proposed proj ect will not cause serious public health problems. The proposed infill development is for mixed-use development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. F. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2004- 06 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. 75A-254 DECEMBER 13, 2004 PAGE 1 OF4 Conditions for Approval Vesting Tentative Tract Map No. 2004-06 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 conditional use permit. The applicant must remain In compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The Covenants, Conditions and Restrictions (CC&Rs) must oh~ll be re~..ic.;ed ~nd approved by the Planning Manager prior to the issuance of any building permit ~pprov~l of the fin~l veoting tr~ct m~p. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. (Requested Modification by Staff) . 3. A final map must be approved and recorded prior to issuance of building permits. 75~~~g5 DECEMBER 13, 2004 PAGE20F4 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division ~nd oh~ll be ~t the o~me or higher level of qu~lity ~o the S~nti~go Street Lofto (CUI' 2001 03) ~nd Oloon lofto (CUI' 2001 28) . The amenity package submitted for review shall include but not be limited to flooring, staircase rail ings, doors and hardware, kitchen appliances and cabinetry, countertopo dual bowl comp~rtmento sinks and fixtures, b~throom oinko tile walls, enclooure tiled showers- enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. (Requested Modification by Staff). 7. The applicant shall pProvide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by Planning during the lighting plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 3), plazas , drive pedestrian walkways and common area amenities project, shall be completely installed prior issuance of a certificate of occupancy for the phase that includes the open space. aisles, for the to the project 75A-256 DECEMBER 13, 2004 PAGE30F4 10. Pedestrian walkways shall be provided through all lots to establish pedestrian connectivity throughout the project site as shown on the Plan (Exhibit 3). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles shall be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 14. The courtyards in the residential development sites shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees, plant material and water features. (Requested Modification by Staff) . 15. Prior to issuance of building permits, amenities, materials and finishes shall and approval by the Planning Division. by Staff). the exterior building be submitted for review (Requested Modification 16. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. (Requested Modification by Staff). 17. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. (Requested Modification by Staff). 75A-257 DECEMBER 13, 2004 PAGE 4 OF4 18. Prior to submittal into building plancheck, revise the plans for the PI, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 19. The courtyard improvements in the residential component shall be completely installed prior to the issuance of any certificate of occupancy within the project phase that includes this portion of the parcel. (Requested Modification by Staff). 20. An open space area measuring a minimum of 70 feet in any direction and containing a minimum of .34 acres of land shall be located near the center of the residential project site and within Lot 2. The open space shall include informal modern outdoor furniture and seating areas, and landscape trees and material. 21. All garages shall provide insulated garage doors with automatic opener and transmitter. (Requested Modification by Staff) . 22. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. (Requested Modification by Staff). 23. Prior to submittal into building plancheck, revise the plans for the PI, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 24. Prior to issuance of building permits, submit for plan outlining the design of the fire access (Requested Modification by Staff). review a location. 25. Units designed to accommodate stacked washers and dryers shall provide such appliances. (Requested Modification by Staff). 75A-258 Conditional Use Permit No. 2004-28 October 25, 2004 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of 73 live-work studios will provide a residential living with opportunity to commercial businesses. The unique provision of space that can be utilized for dual purposes within a single unit provides a component integral to the mixed-use nature of the City Place project and the zoning goals. The injection of living and working space will provide a lifestyle that has proven successful throughout urban areas within the United States. A live-work project will add to the vibrant dynamics of a mixed-use project, increasing activity within the District Center designation of the General Plan. B. Will the proposed use under the case be detrimental to the health, persons residing or working in the circumstances of safety or general vicinity? the particular welfare of the The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a large vacant portion of north Main Street will assist in promoting the economic viability and enhance the livability for this area. C. Will the proposed stability or future surrounding area? use adversely affect economic development the of present property economic in the The live-work studios are a suitable and appropriate use within the mixed-use project and the District Center setting. The addition of live-work studio space should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses. ZOA 04-6/EIR 04-1/DA 04-4 CUP 04-28/SPR 05-5 VESTING TTM 04-6 EXHIBIT 10 75A-259 Conditional Use Permit No. 2004-28 October 25, 2004 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2004-06, the proposed project will be in compliance with all applicable regulations and conditions imposed on live-work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The live-work community is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. A live-work community will assist to further the goals of the District Center designation of the General Plan. 75A-260 DECEMBER 13, 2004 PAGE 1 OF4 Conditions for Approval Conditional Use Permit No. 2004-28 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 Uni form Fire Code, the Uni form Bui I ding 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48) . 2. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the cncloocd otructurc retail area including the surface parking area. (Requested Modification by Staff). 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this proj ect. (Requested Modification by Staff). 5. The project shall be constructed Municipal Code Chapters 8 and units. in compliance with Santa Ana 41 pertaining to live-work EXHIBIT 11 75A-261 DECEMBER 13, 2004 PAGE 2 OF4 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division ~nd oh~ll be ~t the o~me or higher level of qu~lity ~o the S~nti~go Street Lofto (CUI' 2001 03) ~nd Oloon lofto (CUI' 2001 28) . The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, countertopo dual bowl comp~rtmento sinks and fixtures, b~throom oinJco tile walls, enclooure tiled showers- enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. (Requested Modification by Staff). 7. The project's units shall include two-car garages with seven of the residential units utilizing two, one care garage spaces per unit (one space of which is not attached) and work studio space on the first floor and living space on the second and third levels. (Requested Modification by Staff). 8. Eaefl At minimum, seven of the lofts shall be designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. (Requested Modification by Staff) . 9. Interior floor to ceiling heights will be a minimum of ten feet on the first floor and a minimum of nine feet on the second and third floor respectively. 10. The residential component of each live/workshop/studio unit shall meet the following standards: a. It shall have a space of residential living area. It shall have access to including a water closet, shower. at least 1,158 square feet of b. separate bathroom facilities a washbasin, and a bathtub or 75A-262 DECEMBER 13, 2004 PAGE 3 OF4 c. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least 30 inches in front. d. It shall comply with all Housing Code requirements as modified by Section 8-2700 of the Santa Ana Municipal Code. 11. Prohibit all first levels from any encroachment for use as bedroom space. 12. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. e. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. f. The use of professional management to ensure a quality operation and maintenance. (Requested Modification by Staff) . 13. CC&R's shall include occupancy standards similar to the Olson live/work project. 14. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 15. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 16. All garages shall provide insulated garage doors with automatic opener and transmitter. (Requested Modification by Staff) . 75A-263 DECEMBER 13, 2004 PAGE40F4 17. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. (Requested Modification by Staff). 18. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. (Requested Modification by Staff). 19. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. Requested Modification by Staff) . 20. Prior to submittal into building plancheck, revise the plans for the PI, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. (Requested Modification by Staff). 21. Prior to issuance of building permits, submit for plan outlining the design of the fire access (Requested Modification by Staff). review a location. 22. 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I J III II ~ Ii : I · d 75A-268 City Place Traffic Volume Comparison Analysis The following analysis identifies how the traffic analysis for the City Place project would be affected by replacing the 2,000 square foot black box theater with 2,000 square feet of additional retail area. The analysis compares the overall daily traffic volumes and the AM Peak Hour and PM Peak Hour traffic volumes. Table 1 identifies the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with the 2,000 square foot black box theater. Table 2 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with 2,000 square feet of additional retail area in lieu of providing the 2,000 square foot black box theater. As shown in Table 2, the substitution of the black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place project. Without the black box theater and with the additional retail area, the overall daily traffic volumes generated from the project would decrease by 70 vehicle trips. Overall traffic volumes are used to measure roadway capacity impacts, air quality impacts and noise impacts. A reduction in 70 vehicle trips would have a slightly beneficial impact on roadway capacity, air quality emissions and mobile source noise levels. The reduction in the overall traffic volumes would not have any measurable effect on the analysis, conclusions or recommendations in the traffic report, air quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional retail area, the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by five vehicle trips. The AM and PM traffic volumes are used to measure intersection vehicle movements and associated level of service impacts. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the project area and would not alter the traffic analysis, conclusions or recommendations provided traffic report prepared for the City Place EIR. EXHmIT 17 7SA~~t9 ~ Table 1 Project Trip Generation Existing Project With 2,000 sq.ft. Black Box Theater ITE Trio Generation Land Use Code Size Daily AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/W ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 985 985 1970 12 5 18 110 54 164 SF Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Theater 443 2,000 SF 78 78 156 0 0 0 12 1 12 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3239 3239 6478 86 129 215 355 242 596 Table 2 Project Trip Generation 2,000 sq.ft. Additional Retail/Without 2,000 sq.ft. Black Box Theater ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/W ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 985 985 1970 12 5 18 110 54 164 SF 10,800 Retail 820 SF 232 232 464 7 5 11 20 21 41 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3204 3204 6408 88 130 217 348 245 591 Page 2 of 2 75A-270 City Place Focused Environmental Impact Report Responses to Comments CLARIFICATIONS TO THE DRAFT ENVIRONMENTAL IMP ACT REPORT The following is a listing of clarifications and additions to the City Place Draft Environmental Impact Report (DEIR). Those parts of text that are underlined indicate revisions by reference to the text of the Draft ErR. SECTION 1.0 INTRODUCTION Section 1.0 of the Draft ErR has been revised to identify the City of Orange as a responsible agency with discretionary approval of traffic improvements implemented in the City of Orange. SECTION 2.0 PROJECT DESCRlPITON AND PROJECT OBJECTIVES Through the response to comment process, the project description for the proposed project has been amended. The proposed 2,000 square foot black box theater has been deleted from the project. In place of the black box theater, 2,000 square feet of retail area or restaurant area would be provided. The overall commercial area of the proposed project would remain at 57,700 square feet. Additionally, a 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. As a result of refinement of the site 2 live/work units were also eliminated. The total amount of residential units proposed on the project site would be 187 residential units. EVALUATION OF COMMERCIAL LAND USE CHANGES The following analysis evaluates how the City Place EIR traffic, air and noise analysis would be affected by replacing the 2,000 square foot black box theater with 2,000 square feet of additional retail or restaurant area. The analysis compares the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes. Table 1 identifies the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with the 2,000 square foot black box theater. Additional Retail Area Table 2 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place proiect with 2.000 square feet of additional retail area in lieu of providing the 2.000 square foot black box theater. As shown in Table 2. the substitution of the black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place proiect. when compared to the proiect with the black box theater. Without the black box theater and with the additional retail area. the overall daily traffic volumes generated from the proiect would decrease by 70 vehicle trips. Overall traffic volumes are used to measure roadway capacity impacts. air quality impacts and noise impacts. A reduction in 70 vehicle trips would have a slightly beneficial impact on roadway capacity. air quality emissions and mobile source noise levels. The reduction in the overall traffic volumes would not have any U: \DBott\wp51 ICity Place Council Change Clarifications.doc January 2005 C-l EXHIBIT B 75A-271 City Place Focused Environmental Impact Report Responses to Comments measurable effect on the analysis. conclusions or recommendations in the traffic report. aIr quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional retail area. the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by five vehicle trips. The AM and PM traffic volumes are used to measure intersection vehicle movements and associated level of service impacts. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the proiect area and would not alter the traffic analysis. conclusions or recommendations provided in the traffic report prepared for the City Place EIR. Additional Restaurant Area Table 3 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place proiect with 2.000 square feet of additional restaurant area in lieu of providing the 2.000 square foot black box theater. As shown in Table 2. the substitution of the black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place proiect. when compared to the proiect with the black box theater. Without the black box theater and with the additional restaurant area. the overall daily traffic volumes generated from the proiect would increase by 24 vehicle trips. An increase of 24 vehicle trips would not have significant increase air quality emissions and mobile source noise levels or roadway capacity impacts. The increase in the overall traffic volumes would not have any measurable effect on the analysis. conclusions or recommendations in the traffic report. air quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional restaurant area. the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by two vehicle trips. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the proiect area and would not alter the traffic analysis. conclusions or recommendations provided in the traffic report prepared for the City Place ElR. TABLE 1 PROJECT TRIP GENERATION EXISTING PROJECT WITH 2.000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/Work 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 SF 985 985 1970 12 5 18 110 54 164 Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Theater 443 2,000 SF 78 78 156 0 0 0 12 1 12 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3239 3239 6478 86 129 215 355 242 596 U: \DBottlwp51 ICity Place Council Change Clarifications.doc January 2005 C-2 75A-272 City Place Focused Environmental Impact Report Responses to Comments TABLE 2 PROJECT TRIP GENERATION 2.000 SO.FT. ADDITIONAL RETAIL/WITHOUT 2.000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Daily AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/W ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 SF 985 985 1970 12 5 18 110 54 164 Retail 820 10.800 SF 232 232 464 7 5 11 20 21 41 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3204 3204 6408 88 130 217 348 245 591 TABLE 3 PROJECT TRIP GENERATION 2.000 SO.FT. ADDITIONAL RESTAURANT AREA/WITHOUT 2.000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/W ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 23.900 SF 1075 1075 2150 13 6 20 120 59 179 Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3251 3251 6502 88 130 217 354 246 598 EVALUATION OF REDUCED RESIDENTIAL UNITS Through the Final EIR process the overall amount dwelling units proposed for the project was reduced. A 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. Additionally 2 live/work units were eliminated as result of refinement of the site plan. The total amount of residential units proposed on the project site would be 187 residential units. Because the overall number of units would be reduced, no additional impacts to the environment would occur beyond what was analyzed in the DEIR under the original project description. Additionally, the reduced amount of residential units would not increase the severity of impacts identified in the DEIR. In response to the amended project description, the following sections of the City Place EIR have been amended. ES.l The following replaces by reference the 1 st paragraph on page ES-l of the City Place ErR to clarify the amended proj ect description. U: \DBott\wp5 J ICity Place Council Change Clarifications. doc January 2005 C-3 75A-273 City Place Focused Environmental Impact Report Responses to Comments The project proposes a mixed-use development with a total 57,700 square feet of commercial uses, 72 live/work residential units, 113 town homes and 2 single-family dwellings. ES.4 Description of the Proposed Project The following replaces by reference the 4th paragraph on page ES-l of the City Place EIR to clarify the amended project description. The proposed project is a mixed-use project. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet of restaurant uses, 7,000 square feet of retail uses, a 25,000 square foot market, 2.000 square feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. Table ES-l provides a summary of the proposed development. TABLE ES-l LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSS SQUARE UNITS FEET Residential 9.96 Town Homes 113 Live/W ork Units 72 Sin pIe Familv Dwellinl!:s 2 Residential Subtotal 187 Commercial 6.01 Restaurant 21,900 Retail 33,800 Retail or Restaurant 2.000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2 Project Description The following replaces by reference the 2nd sentence on the 1st paragraph on page 2-3 ofthe City Place EIR to clarify the amended project description. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet of restaurant uses, 7,000 square feet of retail uses, a 25,000 square foot market, 2.000 square feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings U: IDBottlwp5 I lCity Place Council Change Clarifications. doc January 2005 C-4 75A-274 City Place Focused Environmental Impact Report Responses to Comments TABLE ES-l LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSS SQUARE UNITS FEET Residential 9.96 Town Homes 113 LiveIWork Units 72 SinlJle Familv Residential 2 Residential Subtotal 187 Commercial 6.01 Restaurant 21,900 Retail 33,800 Retail or Restaurant 2,000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2.1 Live/Work, Town Home and Single Family Residential Uses The following replaces by reference the discussion of proposed residential uses on page 2-6 of the City Place EIR to clarify the amended project description. A total of 72 live/work 10ft residential units would be provided along Crescent Road and Main Street on the project site. A total of 113 town homes would be provided east of the proposed live/work residential units, as shown on Figure 2.2.2. Two, three and four bedroom units would be provided, ranging in size from 1,050 to 2,570 square feet. The town homes would be a maximum of 36 feet high. A combination of two car, tandem and one and two car split garages would be provided for these town homes. A total of2 single family dwellings are proposed in the northeaster area of he proiect site. At this time no specific design has been proposed. Section 2.2.2.2 Commercial Uses The following replaces by reference the listing of commercial components of the project on page 2-6 of the City Place EIR to clarify the amended project description. The commercial component of the proposed City Place project would be on the west part of the project site, west and south of Crescent Road. As shown in Figure 2.2-2, the following commercial uses would be provided. . Three 7,900 square foot restaurant pads fronting on Main Street. . A 25,000 square foot market U:\DBottlwp5JlCity Place Council Change Clarifications. doc January 2005 C-5 75A-275 City Place Focused Environmental Impact Report Responses to Comments . 7,000 square feet of retail uses . 2.000 square feet of retail or restaurant area SECTION 4.0 EXISTING CONDITIONS, IMPACTS AND MITIGATION MEASURES Section 4.3 Air Quality Section 4.3.4.2 Sensitive Receptors The following replaces the second sentence on page 4.3.8 of the City Place EIR by reference to clarify sensitive receptors near the project site. Sensitive land use receptors in the vicinity of the project site include an elder care facility east of the project site, Santiago Park and the Park Santiago Neighborhood to the south and a residential condominium complex to the north of the site on Town and Country Road. Section 4.3.8.1 Construction Phase The following dust control measure has been incorporated as mitigation AQ-5a to adhere to Rule 403 and new regulations which become effective after January 1,2005: AQ-5a After January 1. 2005. no person shall conduct an active operation with a disturbed surface area of five or more acres. or with a daily import or export of 100 cubic yards or more of bulk material without utilizing at least one of the measures listed in subparagraphs (d)(5)(A) through (d)(5)(E) at each vehicle egress from the site to a paved public road. (A) Install a pad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long. (B) Pave the surface extending at least 100 feet and at least 20 feet wide. (C) Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails. pipe. or grates) at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. (D) Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. (E) Any other control measures approved by the Executive Officer and the U.S. EP A as equivalent to the actions specified in subparagraphs (d)(5)(A) through (d)(5)(D). The following language has been incorporated into mitigation measure AQ-4 to address air quality issues during construction activities during first stage smog alerts. U: \DBott\wp5J \ City Place Council Change Clarifications. doc January 2005 C-6 75A-276 City Place Focused Environmental Impact Report Responses to Comments AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. Section 4.7.5.1 Construction Noise The following mitigation measure has been incorporated into the City Place EIR to further reduce potential construction related noise impacts. N-6 Construction operations for the proposed proiect shall be limited to 7:30 AM to 4:30 PM. Monday through Saturday. and no construction operations on Sunday or Federal Holidays. Section 4.8 Parks and Recreation The following discussion has been incorporated into the City Place EIR to clarify how the project would meet its public open space requirement. Through the proposed proiect's Development Agreement. the proiect's public open space requirements would be met through the payment of in-lieu fees. The in-lieu fees would be directed to Santiago Park to fund new park improvements or maintain existing park facilities. Santiago Park would provide park and recreation opportunities to residents of the City Place proiect. To access Santiago Park from the City Place proiect site. residents would need to cross Memory Lane. a six lane maior arterial. The only crossings to Santiago Park would be at the intersection of Main Street/Memory and Lawson Way/Memory Lane. To facilitate pedestrian access for residents of the City Place proiect to Santiago Park. a signalized pedestrian mid-block crossing should be provided on Memory Lane. between the City Place proiect and Santiago Park. Section 4.8.5 Parks and Recreation Mitigation Measure The following mitigation measure has been incorporated into the City Place EIR to further minimize park and recreation impacts. P-4 Prior to the issuance of the first certificate of occupancy permit. the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place proiect to Santiago Park. Section 4.9 Transportation and Circulation The following discussion regarding short-term construction related traffic impacts has been incorporated into the Draft EIR. U: \DBottlwp5 J I City Place Council Change Clarifications.doc January 2005 C-7 75A-277 - City Place Focused Environmental Impact Report Responses to Comments Construction activities for City Place will have no significant impact on traffic -patterns and LOS. City Place will be built in phases beginning with the retail/commercial development and concluding with the residential development. If constructed in one phase. the expected amount of daily trips generated by construction activities will be 128 daily trips. The 128 daily trips represent about 2.4 percent of the 5,412 daily trips generated when City Place is at full occupancy. Even if 64 (half of 128) of those trips occurred during either AM or PM peak hour, the impact would not be considered significant based on the current operating levels on the road segments and intersections. In addition. significant impacts in 2006 (Main Street/La Veta Avenue and Memory Lane/Lawson Way) were mitigated to less than significant levels as reported in Section 4.9.6.1 and 4.9.6.4 of the DEIR. Significant impacts in 2025 are outside of the construction activities timeframe. Appendix F Water Quality Management Plan Section 2.0 Project Description The following replaces the third sentence on page 5 of the City Place EIR Appendix F. The revised site will be comprised of a mixed-use development with approximately 57.700 square feet of commercial and 414, 132 square feet of residential units. U:\DBott\wp5J\City Place Council Change Clarifications. doc January 2005 C-8 75A-278 RESOLUTION NO. 2005-016 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 2725 NORTH MAl N STREET 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 the City Place project, which is a mixed use development with approximately 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); and 187 residential units divided as follows; approximately 73 for-sale live-work lofts; approximately 112 for-sale town homes and 2 single family detached homes, all for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On December 13, 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. Certify and adopt the Final Environmental Impact Report No. 2004-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. 2. Adopt an ordinance amending to the Specific Development Plan No. 59 (SD-59) (ZOA No. 2004-06). 3. Adopt a resolution approving a conditional use permit for 73 for-sale, live-work units (CUP No. 2004-28). 4. Adopt an ordinance approving an amended and restated Development Agreement (DA No. 2004-04). 5. Adopt a resolution approving Vesting Tentative Map No. 2004-06. 6. Adopt a resolution approving Site Plan Review No. 2004-05. C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place on February 7, 2005, and at that time considered all testimony, written and oral. After closing the public hearing, the Council adopted a motion continuing the matter to its February Resolution No. 2005-016 Page 1 of 4 75A-279 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (townhomes and live-work units) as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565. b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. D. Due to the size of the project and the impacts to the environment, a Draft Environmental Impact Report (EIR) was prepared for this project. In addition to soliciting comments from concerned citizens, impacted neighborhoods, state resource and trustee agencies, the Planning Commission held a noticed public hearing on October 25, 2004 to receive verbal comments on the Draft EIR. Following close of the public comment period on November 29, 2004, a document was prepared formally responding to all comments received, making minor clarifications to the Draft EIR and proposing a written mitigation monitoring plan. The Draft EIR and this supplemental document together comprise the Final EIR for this project. E. All attached documents, including the Final EIR, the mitigation monitoring plan, the 30+ 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. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions Resolution No. 2005-016 Page 2 of 4 75A-280 referenced above 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 and approves the Final EIR, the clarifications to the Draft EIR (as revised), mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A", "B" and "C" 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") 9 735.5(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 9 711.2 and Title XIV, CCR 9 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. ADOPTED this _ day of ,2005. Miguel A. Pulido Mayor Resolution No. 2005-016 Page 3 of 4 75A-281 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: 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 Resolution 2005-016 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 Resolution No. 2005-016 Page 4 of 4 75A-282 City Place Focused Environmental Impact Report Responses to Comments CLARIFICATIONS TO THE DRAFT ENVIRONMENTAL IMPACT REPORT The following is a listing of clarifications and additions to the City Place Draft Environmental Impact Report (DEIR). Those parts of text that are underlined indicate revisions by reference to the text of the Draft EIR. SECTION 1.0 INTRODUCTION Section 1.0 of the Draft EIR has been revised to identify the City of Orange as a responsible agency with discretionary approval of traffic improvements implemented in the City of Orange. SECTION 2.0 PROJECT DESCRIPTION AND PROJECT OBJECTIVES Through the response to comment process, the project description for the proposed project has been amended. The proposed 2,000 square foot black box theater has been deleted from the project. In place of the black box theater, 2,000 square feet of retail area or restaurant area would be provided. The overall commercial area of the proposed project would remain at 57,700 square feet. Additionally, a 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. As a result of refinement of the site plan 2 live/work units were also eliminated. The total amount of residential units proposed on the project site would be 187 residential units. EVALUATION OF COMMERCIAL LAND USE CHANGES The following analysis evaluates how the City Place EIR traffic, air and noise analysis would be affected by replacing the 2,000 square foot black box theater with 2,000 square feet of additional retail or restaurant area. The analysis compares the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes. Table 1 identifies the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with the 2,000 square foot black box theater. Additional Retail Area Table 2 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place proiect with 2.000 square feet of additional retail area in lieu of providing the 2.000 square foot black box theater. As shown in Table 2. the substitution of the black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place proiect, when comllared to the proiect with the black box theater. Without the black box theater and with the additional retail area, the overall daily traffic volumes generated from the proiect would decrease by 70 vehicle trips. Overall traffic volumes are used to measure roadway capacity impacts. air quality impacts and noise impacts. A reduction in 70 vehicle trips would have a slightly beneficial impact on roadway capacity. air quality emissions and mobile source noise levels. The reduction in the overall traffic volumes would not have any C:IDocuments and SettingslBKaufmanlLocal Settings \ Temporary Internet Files\OLKBlCity Place Council Change Clarifications. doc C- I January 2005 E X ~-28~ City Place Focused Environmental Impact Report Responses to Comments measurable effect on the analysis, conclusions or recommendations in the traffic report, aIr quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional retail area. the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by five vehicle trips. The AM and PM traffic volumes are used to measure intersection vehicle movements and associated level of service impacts. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the proiect area and would not alter the traffic analysis. conclusions or recommendations provided in the traffic report prepared for the City Place EIR. Additional Restaurant Area Table 3 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place proiect with 2,000 square feet of additional restaurant area in lieu of providing the 2.000 square foot black box theater. As shown in Table 2, the substitution of the black box theater with additional retail area would have a insignificant impact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place proiect, when compared to the proiect with the black box theater. Without the black box theater and with the additional restaurant area. the overall daily traffic volumes generated from the proiect would increase by 24 vehicle trips. An increase of 24 vehicle trips would not have significant increase air quality emissions and mobile source noise levels or roadway capacity impacts. The increase in the overall traffic volumes would not have any measurable effect on the analysis, conclusions or recommendations in the traffic report. air quality report or noise report prepared for the City Place EIR. Without the black box theater and with the additional restaurant area. the AM Peak Hour traffic volumes would increase by two vehicle trips and the PM Peak Hour traffic volumes would decrease by two vehicle trips. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the proiect area and would not alter the traffic analysis. conclusions or recommendations provided in the traffic report prepared for the City Place EIR. TABLE 1 PROJECT TRIP GENERATION EXISTING PROJECT WITH 2,000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 LiveIW ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 SF 985 985 1970 12 5 18 110 54 164 Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Theater 443 2,000 SF 78 78 156 0 0 0 12 1 12 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 C:\Documents and Settings\BKaufmanlLocal Settings \ Temporary Internet Files IOLKB I City Place Council Change Clarifications. doc C-2 January 2005 75A-284 City Place Focused Environmental Impact Report Responses to Comments ~ Total I 3239 I 3239 I 6478 I86Ti29l 215 I 355 I 242 I 596 ~ TABLE 2 PROJECT TRIP GENERATION 2.000 SO.FT. ADDITIONAL RETAIL/WITHOUT 2.000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/Work 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 SF 985 985 1970 12 5 18 110 54 164 Retail 820 10.800 SF 232 232 464 7 5 11 20 21 41 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3204 3204 6408 88 130 217 348 245 591 TABLE 3 PROJECT TRIP GENERATION 2.000 SO.FT. ADDITIONAL RESTAURANT AREAlWITHOUT 2.000 SO.FT. BLACK BOX THEATER ITE Trip Generation Land Use Code Size Daily AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 LiveIW ork 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 23.900 SF 1075 1075 2150 13 6 20 120 59 179 Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3251 3251 6502 88 130 217 354 246 598 EVALUATION OF REDUCED RESIDENTIAL UNITS Through the Final EIR process the overall amount dwelling units proposed for the project was reduced. A 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. Additionally 2 live/work units were eliminated as result of refinement of the site plan. The total amount of residential units proposed on the project site would be 187 residential units. Because the overall number of units would be reduced, no additional impacts to the environment would occur beyond what was analyzed in the DEIR under the original project description. Additionally, the reduced amount of residential units would not increase the severity of impacts identified in the DEIR. In response to the amended project description, the following sections of the City Place EIR have been amended. ES.l C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files\OLKBlCity Place Council Change Clarifications. doc C-3 January 2005 75A-285 City Place Focused Environmental Impact Report Responses to Comments The following replaces by reference the 1 st paragraph on page ES-l of the City Place EIR to clarify the amended proj ect description. The project proposes a mixed-use development with a total 57,700 square feet of commercial uses, 72 live/work residential units, 113 town homes and 2 single-family dwellings. ES.4 Description of the Proposed Project The following replaces by reference the 4th paragraph on page ES-l of the City Place EIR to clarify the amended project description. The proposed project is a mixed-use project. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet of restaurant uses, 7,000 square feet of retail uses, a 25,000 square foot market, 2.000 square feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. Table ES-l provides a summary of the proposed development. TABLE ES-l LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSS SQUARE UNITS FEET Residential 9.96 Town Homes 113 Live/Work Units 72 Sim.!le Familv DwellinlJs 2 Residential Subtotal 187 Commercial 6.01 Restaurant 21,900 Retail 33,800 Retail or Restaurant 2.000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2 Project Description The following replaces by reference the 2nd sentence on the 1 st paragraph on page 2-3 of the City Place EIR to clarify the amended project description. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet of restaurant uses, 7,000 square feet of retail uses, a 25,000 square foot market, 2.000 square feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place Council Change Clarifications. doc C-4 January 2005 75A-286 City Place Focused Environmental Impact Report Responses to Comments TABLE ES-l LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSS SQUARE UNITS FEET Residential 9.96 Town Homes 113 LiveIW ork Units 72 Sin!!le Familv Residential 2 Residential Subtotal 187 Commercial 6.01 Restaurant 21,900 Retail 33,800 Retail or Restaurant 2,000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2.1 Live/Work, Town Home and Single Family Residential Uses The following replaces by reference the discussion of proposed residential uses on page 2-6 of the City Place EIR to clarify the amended project description. A total of 72 live/work loft residential units would be provided along Crescent Road and Main Street on the project site. A total of 113 town homes would be provided east of the proposed live/work residential units, as shown on Figure 2.2.2. Two, three and four bedroom units would be provided, ranging in size from 1,050 to 2,570 square feet. The town homes would be a maximum of 36 feet high. A combination of two car, tandem and one and two car split garages would be provided for these town homes. A total of2 single family dwellings are proposed in the northeaster area of he proiect site. At this time no specific design has been proposed. Section 2.2.2.2 Commercial Uses The following replaces by reference the listing of commercial components of the project on page 2-6 of the City Place EIR to clarify the amended project description. The commercial component of the proposed City Place project would be on the west part of the project site, west and south of Crescent Road. As shown in Figure 2.2-2, the following commercial uses would be provided. C:\Documents and Settings\BKaufmanlLocal Settings \ Temporary Internet Files IOLKB I City Place Council Change Clarifications. doc C-5 January 2005 75A-287 City Place Focused Environmental Impact Report Responses to Comments . Three 7,900 square foot restaurant pads fronting on Main Street. . A 25,000 square foot market . 7,000 square feet of retail uses . 2,000 square feet ofretail orrestaurant area SECTION 4.0 EXISTING CONDITIONS, IMPACTS AND MITIGATION MEASURES Section 4.3 Air Quality Section 4.3.4.2 Sensitive Receptors The following replaces the second sentence on page 4.3.8 of the City Place EIR by reference to clarify sensitive receptors near the project site. Sensitive land use receptors in the vicinity of the project site include an elder care facility east of the project site, Santiago Park and the Park Santiago Neighborhood to the south and a residential condominium complex to the north of the site on Town and Country Road. Section 4.3.8.1 Construction Phase The following dust control measure has been incorporated as mitigation AQ-5a to adhere to Rule 403 and new regulations which become effective after January 1, 2005: AQ-5a After January L 2005. no person shall conduct an active operation with a disturbed surface area of five or more acres. or with a daily import or export of 100 cubic yards or more of bulk material without utilizing at least one of the measures listed in subparagraphs (d)(5)(A) through (d)(5)(E) at each vehicle egress from the site to a paved public road. (A) Install a pad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long. (B) Pave the surface extending at least 100 feet and at least 20 feet wide. (C) Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails. pipe, or grates) at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. (D) Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. C:IDocuments and SettingslBKaufmanlLocal Settings I Temporary Internet FileslOLKBICity Place Council Change Clarifications. doc C-6 January 2005 75A-288 City Place Focused Environmental Impact Report Responses to Comments (E) Any other control measures approved by the Executive Officer and the U.S. EP A as equivalent to the actions specified in subparagraphs (d)(5)(A) through (d)(5)(D). The following language has been incorporated into mitigation measure AQ-4 to address aIr quality issues during construction activities during first stage smog alerts. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. Section 4.7.5.1 Construction Noise The following mitigation measure has been incorporated into the City Place EIR to further reduce potential construction related noise impacts. N-6 Construction operations for the pro-posed proiect shall be limited to 7:30 AM to 4:30 PM. Monday through Saturday. and no construction operations on Sunday or Federal Holidays. Section 4.8 Parks and Recreation The following discussion has been incorporated into the City Place EIR to clarify how the project would meet its public open space requirement. Through the proposed proiect's Development Agreement. the proiect's public open space requirements would be met through the payment of in-lieu fees. The in-lieu fees would be directed to Santiago Park to fund new park improvements or maintain existing park facilities. Santiago Park would provide park and recreation opportunities to residents of the City Place proiect. To access Santiago Park from the City Place proiect site. residents would need to cross Memory Lane. a six lane maior arterial. The only crossings to Santiago Park would be at the intersection of Main Street/Memory and Lawson Way/Memory Lane. To facilitate pedestrian access for residents of the City Place proiect to Santiago Park. a signalized pedestrian mid-block crossing should be provided on Memory Lane. between the City Place proiect and Santiago Park. Section 4.8.5 Parks and Recreation Mitigation Measure The following mitigation measure has been incorporated into the City Place EIR to further minimize park and recreation impacts. C:IDocuments and Settings IBKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place Council Change Clarifications. doc C-7 January 2005 75A-289 City Place Focused Environmental Impact Report Responses to Comments P-4 Prior to the issuance of the first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place proiect to Santiago Park. Section 4.9 Transportation and Circulation The following discussion regarding short-term construction related traffic impacts has been incorporated into the Draft EIR. Construction activities for City Place will have no significant im-pact on traffic patterns and LOS. City Place will be built in phases beginning with the retail/commercial development and concluding with the residential development. If constructed in one phase. the expected amount of daily trips generated by construction activities will be 128 daily trips. The 128 daily trips represent about 2.4 percent of the 5,412 daily trips generated when City Place is at full occupancy. Even if 64 (half of 128) of those trips occurred during either AM or PM peak hour. the impact would not be considered significant based on the current operating levels on the road segments and intersections. In addition. significant impacts in 2006 (Main Street/La Veta Avenue and Memory Lane/Lawson Way) were mitigated to less than significant levels as reported in Section 4.9.6.1 and 4.9.6.4 of the DEIR. Significant impacts in 2025 are outside of the construction activities timeframe. Appendix F Water Quality Management Plan Section 2.0 Project Description The following replaces the third sentence on page 5 of the City Place EIR Appendix F. The revised site will be comprised of a mixed-use development with approximately 57.700 square feet of commercial and 414, 132 square feet of residential units. 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CIl 0 ~ ~ U eJ -.::: ~ -5 ~ f""" ~ Ob-: rJ)"'.,: tI) ~ .-=: =.g u E <l) to:: .... :9 -0 "- i5..-o c f" = C':l.:::' =:.0 ctt U] .: = CIl"g ~ :a~..9-::: e ~ en e.o~ gf ~ 'o"g:9-o ""'" 0= > ~~..o~ c"" . o:s ~ ~ .~ E ~c.rJ)VJ .- eJ _ ..... .... u U __~ c:; o~ ~ o~ e E B.E c.o~ ~ ~ ~ 'E .9 '0 :: o~ ~ ~ (3 ~ o o S:or, ~c r.:,JC , ~ Clt> =::: <:l Q... :::! ~~ ~ ~ ..::: 0... .~ o~ ~ .~ ~ o~ ~ c & =::: ~ =::: ~ ~ <::::: c: N o 75A-298 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THECITY PLACE PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENT AL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report ER-2004-0l, State Clearinghouse No. 20040418 for the City Place project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. 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 City Place 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 Draft EIR, the 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 ofthe 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 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 City Place 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 in the Final EIR and 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. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES C:\Documents and Settings\BKaufmanlLocal Settings I Temporary Internet FileslOLKBlCity Place findings. doc September 29, 2004 Page E X i15A~299 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City Place project site is in the northeast part of the City of Santa Ana and is generally bounded by Main Street to the west, Lawson Way to the east, Memory Lane to the south and Town and Country Street to the north. The City of Orange borders the project site to the north. Local access to the project site would be provided from Main Street and Memory Lane. Regional access to the project site would be provided by Interstate 5 (1-5) to the south and State Route 22 (SR 22) to the north. TransAction Companies, Ltd. is proposing the City Place project on the l7.7-acre project site. The project proposes a mixed use development with a total of 57,700 square feet of commercial uses, consisting of 21 ,900 square feet of restaurant uses, 33,800 square feet of retail uses, 2,000 square feet of restaurant/retail, 74 live/work residential units and 168 town homes. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. The objectives for the City Place project are to: . Develop the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas, and that maximizes the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the City Place project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the City Place site plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet FileslOLKBlCity Place findings. doc September 29,2004 Page. 75A-300 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings . Amendment to Specific Development Plan SD-58 to modify the adopted SD-58 to reflect the proposed commercial and residential uses and establish site development standards and parking requirements for the project. . Conditional Use Permit for the proposed live/work units. . Tentative Tract Map for condominium purposes. . Approval of a Development Agreement 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 City Place project on July 5, 2004, for a 30-day review period. The NOP/IS was 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. The NOP/IS is provided in Appendix A of the EIR. The distribution list for the NOP/IS is provided in Appendix B of the EIR. The City of Santa Ana received nine written responses to the NOP. Copies of these comment letters are provided in Appendix C of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a public scoping meeting for the City Place project on July 28, 2004. The meeting was held from 5:30 PM to 7:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was included in the Project NOP. A copy of the NOP scoping notice is provided in Appendix B in the EIR. Approximately eight individuals attended the scoping meeting. Five of the attendees submitted comment cards indicating the desire to be kept informed of future actions/activities concerning the City Place project. These cards are included in Appendix C in the EIR. Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the following environmental issues: aesthetics; air quality; cultural resources; hazardous materials; hydrology and water quality; noise; public services; transportation and circulation; land use; and utilities and service systems. 3.2.3 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the City Place Project for public review between October 15, 2004 and November 29,2004. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Completion C:\Documents and SettingslBKaufmanILocal Settings I Temporary Internet Files IOLKB I City Placejindings.doc September 29, 2004 Page. 75A-301 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on October 15, 2004, posted on the project site and filed with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B in the RTC Report. The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the City Place project were received from the following: State. Regional and Local Agencies California Department of Transportation Governor's Office of Planning and Research Southern California Association of Government Orange County Transportation Authority City of Irvine City of Orange Businesses. Groups and Organizations Park Santiago Neighborhood Association Draft EIR Committee Members of the General Public Jeff Dickman Philip Schwab Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place project as part of the regularly scheduled October 25, 2004 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). The purpose of the meeting was to receive public comments on the Draft EIR. Appendix D in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the R TC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for the City Place project on December 13, 2004. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft EIR for the City place project. Appendix E in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the RTC Report. C:\Documents and Settings\BKaufman\Local Settings I Temporary Internet Files\OLKBlCity Place findings. doc September 29,2004 Page. 75A-302 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that".. .new information 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 on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final 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 information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.2 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet FileslOLKB\City Placejindings.doc September 29, 2004 Page. 75A-303 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the R TC Report; (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP 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 City Place project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place project. The following Findings are made with respect to each significant adverse environmental impact of the City Place 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 enhancement measures, 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 City Place 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 City Place project, one 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. . Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. C:\Documents and Settings IBKaufman \Local Settings I Temporary Internet Files\OLKB\City Place findings. doc September 29,2004 Page. 75A-304 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which cannot 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 City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Short Term Air Quality Impacts Potentially Significant Adverse Impact Related to Short-Term Construction NOx Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-term nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NOx Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Construction NOx Emissions There are no feasible mitigation measures to substantially reduce NOx emISSIOns during construction. Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction. AQ-l All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top ofthe load and the top of the trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. C:\Documents and Settings IBKaufman \Local Settings I Temporary Internet Files \ OLKBI City Place findings. doc September 29, 2004 Page 75A-305 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings AQ-6 The project applicant will be required to name a construction relations officer to act as a community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activities. AQ-8 After January 1,2005, no person shall conduct an active operation with a disturbed surface area of five or more acres, or with a daily import or export of 100 cubic yards of bulk material without utilizing at least one of the measures listed below. . Install a pad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30- feet wide and at least 50- feet long. . Pave the surface extending at least 100- feet and at least 20- feet wide. . Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24- feet long and 10- feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. . Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. . Any other control measures approved by the Executive Officer and the US. EP A as equivalent to the actions specifies in subparagraphs (d)95)(A) through (d)(5)(D). Level of Significance of Impacts Related to Construction NOx Emissions The short term adverse impacts of the City Place project related to NOx emISSIons during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts Potentially Significant Adverse Impact Related to Long Term Operational NOx. CO and ROG Emissions As described in Section 4.3 in the EIR, the operation of the City Place project will result in adverse air quality impacts related to regional NOx, carbon monoxide (CO) and reactive organic gases (ROG) emissions. Finding Related to Long Term Regional NOx, CO and ROG Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support ofthe Finding Related to Long Term Regional NOx. CO and ROG Emissions C:IDocuments and SettingslBKaufmanlLocal Settings I Temporary Internet Files\OLKB\City Place findings. doc September 29, 2004 Page. 75A-306 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings There are no feasible mitigation measures to substantially reduce NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse impacts during operation of the City Place project related to regional NOx, CO and ROG emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measure will lessen air quality impacts AQ-7 The project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restaurant Cooking Fumes. Level of Significance of Impacts Related to Long Term Regional NO". CO and ROG Emissions The adverse operational impacts of the City Place project related to long term operational NOx, CO and ROG emissions cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality Potentially Significant Cumulative Adverse Impact Related to Air Quality As discussed above, the construction related NOx emissions of the proposed project and the operations related NOx, ROG and CO emissions of the proposed project would exceed the applicable South Coast Air Quality Management District (SCAQMD) thresholds for these criteria pollutants. The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), which is already a nonattainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance. Regional programs to reach air quality goals and standards will be adhered to by the cumulative projects, reducing the impact. However, the incremental increase is considered significant and adverse when added to the existing nonattainment levels of the Basin. Finding Related to Cumulative Air Quality Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Cumulative Air Quality There are no feasible mitigation measures to substantially reduce NOx emISSIOns during construction and regional NOx, CO and ROG emissions during operation of the proposed project. Therefore, the significant adverse air quality impacts during construction and operation of the City Place project cannot be reduced to below a level of significance. Therefore, the City Place project will contribute cumulatively to adverse air quality impacts in the Basin. Level of Significance of Impacts Related to Cumulative Air Quality C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet Files \OLKB I City Placejindings.doc September 29, 2004 Page 75A-307 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The contribution of the City Place project to cumulatively adverse impacts related to NOx emissions during construction and NOx, CO and ROG emissions during operation cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation Potentially Significant Adverse Impacts To The Intersection of Main Street and 1 ih Street As described in Section 4.9 in the EIR, the long-term operation of the City Place project will result in significant adverse traffic impacts at the intersection of Main Street and 1 ih Street. Finding Related to Impacts To The Intersection of Main Street and 1 ih Street Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Impacts To The Intersection of Main Street and 1 ih Street As described in Section 4.9 of the EIR, there are no feasible mitigation measures to reduce project traffic impacts at the intersection of Main Street and 1 ih Street to a level that is less than significant. Level of Significance oflmpacts Related to Impacts To The Intersection Of Main Street and 17th Street The project traffic impacts at the intersection of Main Street and 17th Street cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place 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 identified project mitigation measures. 4.2.1 Impacts Related to Air Quality Potentially Significant Adverse Impacts Related to Short Term Air Quality Impacts During construction of the City Place project, ROG emissions from the application of architectural coatings would exceed the SCAQMD daily construction emission thresholds for ROG. C:\Documents and Settings \BKaujinan ILocal Settings \ Temporary Internet FileslOLKBICity Place findings. doc September 29,2004 Page 75A-308 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Short Term Air Quality Impacts 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. Facts in Support of the Finding Related to Short Term Air Quality Impacts Implementation of mitigation measure AQ-5, provided below, will substantially lessen the adverse impacts of the City Place project related to ROG emissions during construction, and will reduce this potentially significant adverse impact to below a level of significance. AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following web sites provide lists of manufacturers of zero VOC content coatings: http://www .aqmd. gov /business/brochures/zerovoc.html http://www . delta- institute.org/publications/paints.pdf http://www .cleanaircounts.org/factsheets/FS %20PDF /Low%20V OC%20Paint. pdf Level of Significance of Impacts Related to Short Term Air Quality Impacts The adverse impacts of the City Place project related to ROG emissions during construction will be mitigated to below a level of significance based on the implementation of mitigation measure AQ-5. 4.2.2 Impacts Related to Impacts To Cultural Resources Potentially Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 in the EIR, there is potential that construction of the City Place project could have a significant adverse impact on unknown cultural resources which might exist on the project site. Findings Related to impacts to Cultural 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. Facts in Support ofthe Finding Related to Impacts to Cultural Resources Implementation of mitigation measures C-l and C-2, provided below, will substantially lessen the adverse impacts of the City Place project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance. C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet Files\OLKBlCity Place findings. doc September 29, 2004 Page 75A-309 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings C-l If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within immediate vicinity of the finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to of Native American origin. This process can involve, but is not limited to re-interment of said remains on- or ff site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative. Level of Significance of Impacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance based on the implementation of mitigation measures C-l, and C-2, provided above. 4.2.3 Impacts Related to Hydrology and Water Quality Potentially Significant Adverse Impacts Related to Water Quality Impacts As discussed in Section 4.6 in the EIR, the construction and operation of the City Place project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried from the site in runoff. Findings Related to Water Quality Impacts 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. Facts in Support of the Finding Related to Water Quality Impacts Implementation of mitigation measures W -3 during construction and W -4 during operation, provided below, will substantially lessen the adverse impacts of the City Place project related to water quality during construction, and will reduce this potentially significant adverse impact to below a level of significance. For Construction (Storm Water Pollution Prevention Plan (SWPPP) W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to C:\Documents and SettingslBKaufmanlLocal Settings \ Temporary Internet Files\OLKBlCity Place findings. doc September 29, 2004 Page 75A-310 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on site using structural controls such as sandbags, fencing or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities or adjacent properties via runoff, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to minimize transport for the site to streets, drainage facilities or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. f) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Quality Management Plant (WQMP) W -4 Prior to finalizing design plans, a WQMP shall be prepared addressing post construction storm water runoff. This will consist primarily of structural BMPs addressing the urban runoff from the site. As part of the final design plans for the parking lot, drainage for the parking area shall be fitted with structural BMPs to reduce or eliminate urban runoff in the form of catch basins with filters (most likely fossil) or other equivalent filtration device that are regularly maintained and cleared so as to remain effective throughout the storm season. Regular clearing of large debris after a storm to shall be incorporated into the ongoing maintenance program for the City Place project site. Level of Significance ofImpacts Related to Water Quality C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet Files IOLKB I City Place findings. doc September 29,2004 Page 75A-311 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to water quality will be mitigated to below a level of significance based on implementation of measures W-3 and W-4. Potentially Significant Adverse Impacts Related to Drainage As discussed in Section 4.6, the development of the project site for the proposed project will result in a substantial increase in the amount of impervious surfaces on the site which could result in increase storm water runoff and potential drainage impacts. Findings Related to Drainage Impacts 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. Facts in Support of the Finding Related to Drainage Impacts Implementation of mitigation measures W-l and W-2, provided below, will substantially lessen the adverse impacts of the City Place project related to drainage, and will reduce this potentially significant adverse impact to below a level of significance. W -1 Prior to issuance of grading permits, the applicant shall submit a final drainage plan identifying the exact size and location of drainage facilities. W-2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permits. Level of Significance of Impacts Related to Drainage Impacts The adverse impacts of the City Place project related to drainage will be mitigated to below a level of significance based on implementation of measures W-l, and W-2. 4.2.4 Impacts Related to Noise Findings Related to Operational Interior Noise Impacts 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. Facts in Support of the Finding Related to Operational Interior Noise Impacts As discussed in Section 4.7 of the EIR, the interior of the residential structures fronting Main Street, Memory Lane and Lawson Way may be exposed to noise from traffic in excess of interior standards, 45 dBA CNEL. Therefore, mitigation measure N-5 below will ensure that interior standards are met through appropriate design of these structures. C:IDocuments and SettingslBKaufmanlLocal Settings \ Temporary Internet Files \OLKB I City Place findings. doc September 29,2004 Page 75A-312 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings N-5 Noise insulation would be installed to ensure that California's title 24 interior noise standard of 45 dBA CNEL is achieved for those residences abutting Main Street, Memory Lane and Lawson Way. This noise insulation would include sound rated doorways, windows, baffling and other measures to ensure compliance of the interior noise standard. An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards. An acoustical report shall be prepared and approved that identifies the building materials needed to meet the Title 24 Interior Noise Standard. Level of Significance of Impacts Related to Operational Interior Noise Impacts The adverse impacts of the City Place project related to operational interior noise will be mitigated to below a level of significance based on the implementation of mitigation measure N- 5. 4.2.5 Impacts Related to Traffic Findings Related to Impacts at Intersection of Main Street and La Veta Avenue 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. Facts in Support of the Finding Related to Impacts At the Intersection of Main Street and La V eta Avenue As discussed in Section 4.9 of the EIR, for the 2006 traffic conditions, the intersection of Main Street and La Veta Avenue will operate at unacceptable LOS E both with and without the project during the PM peak. The implementation of mitigation measure T -1 and T -2 below will improve the level of service to acceptable LOS D in the PM peak for both opening year (2006) and 2025. T -1 Prior to the issuance of certificate of occupancy permits, and subject to the approval of the City of Orange, the applicant shall restripe the intersection of Main Street and La V eta Avenue to provide an additional northbound through lane and convert the existing westbound right-turn lane to an optional thru-right turn lane. T-2 Prior to the issuance of building permits the applicant shall pay Transportation System Impact Area fees to be deposited with the joint powers authority. Level of Significance of Impacts Related to Impacts at the Intersection of Main Street and La Veta Avenue The adverse impacts of the City Place project related to impacts at the intersection of Main Street and La Veta Avenue will be mitigated to below a level of significance based on implementation of measures T-l and T-2. C:\Documents and Settings IBKaufman ILocal Settings \ Temporary Internet FileslOLKBlCity Place findings. doc September 29, 2004 Page 75A-313 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Im{>acts at Lawson Way Segment 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. Facts in Support of the Finding Related to Lawson Way Segment As discussed in Section 4.9 of the EIR, in 2025, the segment of Lawson Way between Memory Lane and Town Country road will be significantly impacted by project related traffic. The implementation of mitigation measure T -3 and T -4 below will improve the level of service to acceptable LOS A for 2025 traffic conditions. T -3 Prior to issuance of certificate of occupancy permits the applicant shall coordinate with the City of Orange for the removal of on street parking along Lawson Way between Memory Lane and Town and Country Road. This will require approval from the City of Orange Traffic Commission T -4 Prior to the issuance of certificate of occupancy permits, and subject to the City of orange's approval, the applicant shall restripe Lawson Way to provide two lanes in direction between Memory Lane and Town Country Road. Level of Significance of Impacts Related to Impacts at the Lawson Way Segment The adverse impacts of the City Place project related to impacts at the Lawson Way segment will be mitigated to below a level of significance based on implementation of mitigation measures T- 3 and T-4. Findings Related to Impacts at Intersection of Memory Lane and Lawson Way 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. Facts in Support of the Finding Related to Impacts at Intersection of Memory Lane and Lawson Way As discussed in Section 4.9 of the EIR, the planning warrant analysis shows that traffic signal installation is warranted at the intersection of Lawson Way and Memory Lane. The implementation of mitigation measure T -5 below will ensure that intersection will operate at an acceptable level of service. T -5 Prior to the issuance of certificate of occupancy permits the applicant shall pay full costs for a traffic signal at Memory Lane and Lawson Way. Level of Significance of Impacts Related to Impacts at the Intersection of Memory Lane and Lawson Way C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place findings. doc September 29, 2004 Page 75A-314 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to impacts at the intersection of Memory Lane and Lawson Way will be mitigated to below a level of significance based on implementation of mitigation measure T-5. 4.2.5 Impacts Related to Public Services Findings Related to Impacts on ParksIRecreation Facilities 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. Facts in Support of the Finding Related to Impacts on ParksIRecreation Facilities As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for parks and recreation facilities and would further the open space/population ratio imbalance in the City. The implementation of mitigation measures P-3 and P-4 would reduce potential impacts to a level that is below significant. P-3 Prior to the issuance of certificate of the first occupancy permit, the proposed project shall comply with the City's public parkland dedication requirements through provision of private open space, land dedication, fees or other vehicles acceptable to the City. P-4 Prior to the issuance of the first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City Place project to Santiago Park. Level of Significance of Impacts Related to Parks and Recreation Facilities The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of measures P-3 and P-4. 4.2.6 Impacts Related to Geology Findings Related to Seismic Shaking Im-pacts 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. Facts in Support of the Finding Related to Seismic Shaking Impacts As discussed in Section 3.7 of the EIR, the City Place project could be subject seismic shaking impacts in the event an earthquake occurs within the vicinity of the project site. The implementation of mitigation measure G-2 would reduce potential impacts to a level that is below significant. C:IDocuments and Settings IBKaufman ILocal Settings I Temporary Internet Files\OLKBlCity Place findings. doc September 29,2004 Page 75A-315 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings G-2 Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies the seismic constraints on the project site, building loads and design recommendations to reduce potential seismic impacts to a level less than significant. Level of Significance of Impacts Related to Seismic Shaking Impacts The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of mitigation measure G-2. Findings Related to Geologic Stability Impacts 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. Facts in Support of the Finding Related to Geologic Stability Impacts As discussed in Section 3.7 of the EIR, the City Place project site is subject to geologic constraints that could impact the geotechnical stability of the project. The implementation of mitigation measure G-l would reduce potential impacts to a level that is below significant. G-l Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies soil constraints on the project site, building loads and design recommendations to ensure the geologic stability of the project. Level of Significance of Impacts Related to Geologic Stability Impacts The adverse impacts of the City Place project related to geologic stability will be mitigated to below a level of significance based on implementation of mitigation measure G-l. 4.3 IMP ACTS FOUND ADVERSE, BUT NOT SIGNIFICANT AND PROJECT ENHANCEMENT MEASURES TO MINIMIZE IMP ACTS Potentially adverse, but not significant impacts are identified in this section. Project enhancement measures are identified to minimize adverse impacts associated with implementation of the City Place proj ect. 4.3.1 Impacts Related to Construction Noise Findings Related to Construction Noise Project enhancement measures have been required in, or incorporated into, the project which lessen construction related impacts as identified in the EIR. Facts in Support ofthe Finding Related to Construction Noise C:IDocuments and SettingslBKaufmanlLocal Settings I Temporary Internet Files I OLKBI City Place findings. doc September 29, 2004 Page 75A-316 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.7 in the EIR, although the construction of the City Place would not result in significant adverse noise impacts, project enhancement measures N-l, N-2, N-3 and N-6 below are incorporated in the proposed City Place project to minimize the generation of noise during construction. N-l During all site preparation, grading and construction, the contractor will be required to ensure that all construction equipment is in proper operating condition and fitted with standard factory noise attenuation features. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. N-2 During final design, the applicant will prepare a traffic haul plan for review and approval by the City of Santa Ana. The contractor will be required to use only the approved haul routes to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. N-3 During all site preparation, grading and construction, the contractor will be required to site all construction staging and storage areas away from Lawson Way, to minimize noise impacts on the senior citizen retirement facility on the east side of Lawson Way N-6 Construction operations for the proposed project shall be limited to 7:30 AM to 4:30 PM Monday through Saturday, and no construction operations on Sunday or Federal Holidays. Level of Significance of Impacts Related to Construction Noise Construction related noise impacts associated with the project would be less than significant. Findings Related to Operational Exterior Noise Impacts Project enhancement measures have been required in, or incorporated into, the project which lessen operational exterior noise impacts as identified in the EIR. Facts in Support of the Finding Related to Operational Exterior Noise Impacts As discussed in Section 4.7 (Noise) in the EIR, even though the operation of the City Place project will not result in significant adverse noise impacts, project enhancement measure N-4 below, is designed to reduce noise levels associated with mechanical equipment. In addition, the operation of the proposed City Place project will be required to comply with City of Santa Ana Ordinances related to noise control during operations. N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, enclosures, parapets and/or other noise attenuation features, so that noise generated by the operation of this equipment does not exceed the applicable City noise standard at sensitive receptor locations. C:IDocuments and SettingslBKaufmanlLocal Settings I Temporary Internet Files \OLKBI City Place findings. doc September 29,2004 Page 75A-317 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Level of Significance of Impacts related to O-perational Exterior Noise Operational exterior noise impacts associated with the project would be less than significant. 4.3.2 Impacts Related to Public Services Findings Related to Impacts on to Police Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Police Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for police services. However, according to the Santa Ana Police Department the impact would not be significant. The implementation of project enhancement measure P-l would minimize potential impacts to police services. P-l Prior to the issuance of occupancy permits, the applicant shall coordinate with the City Police department to prepare a Security Plan for the commercial and residential components of the project. This plan shall be subject to the review and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access. Recommendations resulting from the project review by the City Police Department would be incorporated into the project. Level of Significance of Impacts Related to Police Services The adverse impacts of the City Place project related to Police Services will be minimized with the implementation of mitigation measure P-l. Findings Related to Impacts to School Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to School Services As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for school services. However, according to the Santa Ana Unified School District and the Orange Unified School District this impact would not be significant. The implementation of project enhancement measure P-2 would minimize potential impacts to school services. P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Santa Ana School District and Orange Unified School District. Level of Significance of Impacts Related to School Services C:\Documents and Settings\BKaufmanlLocal Settings \ Temporary Internet Files IOLKB I City Place findings. doc September 29, 2004 Page. 75A-318 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to School Services will be minimized with the implementation of project enhancement measure P-2. 4.3.3 Impacts Related to Utility Service Systems Findings Related to Utility Service System Impacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Utility Service Systems As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for utility service systems. However, the impact would not be significant. The implementation of project enhancement measures U-l through U-5 would minimize potential impacts to utility service systems. U-l The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector. U-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-4 The applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site. Coordination with SBC during the development stage would facilitate service connection. Level of Significance oflmpacts Related to Utility Service Systems The adverse impacts of the City Place project related to utility service systems will be minimized with the implementation ofproject enhancement measures U-l to U-5. Section 4.2.4 Impacts Related to Safety Hazard Findings Related to Safety Hazard Impacts C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet FileslOLKBlCity Placejindings.doc September 29,2004 Page. 75A-319 City Place Focused 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 environmental effect as identified in the EIR. Facts in Support of the Finding Related to Safety Hazard Impacts As discussed in Section 4.5 of the EIR, the potential impacts of the proposed project related to the abandoned jet fuel line would be less than significant. However, there is slight possibility that the existing underground jet fuel line could become active. Therefore, the following precautionary project enhancement measure is included to ensure full disclosure of the fuel line to future property owners. H-l Prior to the issuance of certificate of use and occupancy, a special disclosure statement of the presence of the jet fuel line is required to be included in all subdivision maps and deeds associated with the project site. Level of Significance of Impacts Related to Safety Hazards The adverse impacts of the City Place project related to safety hazards will be minimized with the implementation ofproject enhancement measure H-l. 4.3 IMPACTS 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 City Place project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (Potentially Significant Adverse Impacts of the City Place Project Which Can Be Mitigated to Below a Level of Significance), 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 adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts 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 findings of the IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR. The EIR and 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 Aesthetics Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to light, scenic vistas and scenic resources. As described in C:\Documents and Settings IBKaufman ILocal Settings \ Temporary Internet FileslOLKBICity Place findings. doc September 29,2004 Page 75A-320 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Section 4.2 (Aesthetics) in the EIR, the City Place project will not substantially degrade the existing visual character or quality of the site and its surroundings; the project will enhance the visual appearance of the site, from a vacant parcel, to a modern urban development. Therefore, the City Place project will not result in adverse impacts related to aesthetics and no mitigation is required. 4.3.2 Air Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place Project will not result in significant adverse impacts related to odors and no mitigation is required. 4.3.3 Cultural Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to currently known and recorded historic, prehistoric and archeological resources. No mitigation is required. 4.3.4 Hazardous Materials Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to documented hazardous materials or hazardous substances sites, use of hazardous materials during construction and operations, airport operations and airport plans. No mitigation is required. 4.3.5 Hydrology and Water Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to groundwater recharge and natural water bodies 4.3.6 Noise Based on the analysis summarized in Section 3.0 in the EIR, the project site is not impacted by aircraft noise that would exceed State or local noise standards. Based on the analysis summarized in Section 4.7, implementation of the City Place would not increase significantly increase long-term noise levels within the project area. No mitigation required. 4.3.7 Public Services As discussed in Section 4.8 (Public Services) in the EIR, the City Place project would require compliance with the requirements of the Santa Ana Fire Department (SAFD) regarding building fire and safety features. The increased demand for SAFD fire and emergency services for the proposed project will not result in the need for new or expanded SAFD facilities. Therefore, the proposed project will not result in a significant adverse impact related to fire and emergency services. No mitigation is required. C:\Documents and Settings\BKaufmanlLocal Settings \ Temporary Internet Files \OLKB I City Place findings. doc September 29, 2004 Page. 75A-321 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.8, the City Place project would result in an incremental increase in demand for library services. However, this is minimal and would not affect the City's ability to provide library services. No mitigation is required. 4.3.8 Transportation and Circulation Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to air traffic patterns, hazardous street conditions, access, pedestrian walkways and bicycle parking facilities. No mitigation is required. 4.3.9 Land Use Based on the analysis summarized in Section 3.0 and analyzed in Section 4.11 of the EIR, the City Place project will not result in significant adverse impacts related to division of an established community and consistency with applicable land use plans and adopted demographic projections. No mitigation is required. 4.3.10 Agriculture Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to agricultural resources. No mitigation is required. 4.3.11 Population and Housing Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to growth or the displacement of existing residential uses. No mitigation is required. 4.3.12 Geology Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to ground surface rupture, unique geological or topographical features, or the use of alternative waste water or septic systems. No mitigation is required. 4.3.13 Biological Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands or habitat conservation plans. No mitigation is required. 4.3 .15 Mineral Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to mineral resources. No mitigation is required. C\Documents and SettingslBKaufman\Local Settings \ Temporary Internet Files I OLKBI City Place findings. doc September 29, 2004 Page. 75A-322 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 City Place 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 City Place 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 City Place project. The City approves and will implement all the mitigation measures in the Final EIR. 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. The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives. 6.1 ALTERNATIVES CONSIDERED BUT REJECTED Potential alternatives to the City Place project that were considered by the City but rejected and not evaluated in the current EIR are based on City of Santa Ana EIR 92-02, certified by the City of Santa Ana City Council in 1992, for the approved Main Street Concourse Project. In addition, no alternative site for the proposed project was considered in this EIR. These alternatives which were considered by the City but which were not carried forward for detailed analysis in the EIR are described in the following Sections. C:\Documents and Settings IBKaufman \Local Settings \ Temporary Internet FileslOLKBlCity Place findings. doc September 29, 2004 Page. 75A-323 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 6.1.1 Alternatives from the 1992 EIR In 1992, the Santa Ana City Council certified the final EIR for the proposed Main Street Concourse Project and approved that proposed project. In addition to the approved project, the Final EIR evaluated three other build alternatives and a No Project Alternative. The build alternatives considered in that EIR were reevaluated as possible alternatives to the currently proposed City Place Project. Those alternatives were rejected as described below and, therefore, were not evaluated in the EIR for the City Place project. Alternative B: Reduced Density Garden Office This Alternative assumed development of the project site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation. Under this Alternative, it was assumed that the site would be developed under the District Center (DC) designation, but at a lower floor area ratio than the maximum possible under the General Plan designation. This Alternative assumed that the site would be developed with 244,000 square feet of retail center and garden space uses. There would be no residential uses on the site under this Alternative. This Alternative proposed substantially reduced land uses on the project site compared to the approved Main Street Concourse Project. This Alternative was not considered further in the EIR the City Place project because: . Alternative B does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, such as proposed as part ofthe City Place project, is consistent with the Santa Ana General Plan. · Alternative B proposed a different range of land uses, with more commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative B would not be expected to substantially reduce or avoid the potential adverse impacts ofthe City Place project related to air quality and traffic. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative C: Alternative Land Use (All Office) This Alternative assumed development of the project site with two 92,000 square foot, two-story garden style office buildings, and retail and commercial uses similar to the approved Main Street Concourse Project, including retail, restaurant, cinema and health club uses. There would be no residential uses on the project site under this Alternative. This Alternative was not considered further in the EIR for the City Place project because: · Alternative C does not include any residential units. The provision of housing in a variety of types and price ranges, including innovative uses such as live/work units, as proposed under the City Place project, is consistent with the City of Santa Ana General Plan. C\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet Files I OLKBI City Placefindings.doc September 29. 2004 Page. 75A-324 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings . Alternative C proposed a different density of land uses, with commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative C would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative D: General Plan Consistency This Alternative assumed development of the site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation, at a floor area ratio (FAR) of 1.5, which was the FAR permitted on the site under the General Plan at that time. Under this Alternative, it was assumed that the site would be developed with 1.1 million square feet of uses, including three high rise office towers (15, 17 and 23 stories), retail, restaurant, cinema, health club and 36 single family residential units. This Alternative proposed reduced land uses on the project site compared to the approved Main Street Concourse Project, with approximately 0.4 million fewer square feet of development. In addition, two of the office towers under Alternative D would be fewer stories than under the Main Street Concourse Project which proposed one 20-story and one 32-story office tower. Alternative D also proposed slightly fewer residential units than the approved project, at a total of 146 single family and high density residential units versus a total of 278 residential units under the Main Street Concourse Project. This Alternative was not considered further in the EIR for the City Place project because: . Alternative D proposed substantially greater development on the project site than the City Place project. Therefore, the land uses proposed under Alternative D would likely increase and not reduce or avoid the potential adverse impacts of the City Place project related to air quality, traffic, and cumulative air quality and traffic impacts. For these reasons, this Alternative was rejected from further consideration and, therefore, was not evaluated in the EIR for the City Place project. 6.1.2 Alternative Site for the Proposed Project The EIR for the City Place project did not analyze an alternative site for the proposed project because the applicant does not own or control another suitable property in the City of Santa Ana. In addition, there are no other known sites of this size available in the City that could accommodate a project of this type. The City Place project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent than at the proposed site. Therefore, locating the proposed project at another site in the City would basically shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts. The traffic impacts which occur in the City of Orange under the City Place project could possibly be located to an area entirely within the City of Santa Ana if an alternative C:IDocuments and SettingslBKaufmanlLocal Settings \ Temporary Internet Files\OLKBlCity Placejindings.doc September 29, 2004 Page. 75A-325 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings project site were considered, but the level of impact would remain comparable. As a result, an alternative site for the City Place project was not evaluated in the EIR. 6.2 NO PROJECT ALTERNATIVES 6.2.1 No ProjectlExisting Conditions Alternative This No Project Alternative assumes that the existing uses on the 17.7 acre project site are retained and that no development occurs on the site. With this Alternative, the site would remain vacant and no residential or commercial uses would be developed on this site. Table 9-1 from the EIR, on the following page, indicates that the No ProjectlExisting Conditions Alternative would not meet any of the City or applicant objectives for the City Place project. 6.2.2 No ProjectlExisting Entitlement Alternative This No Project Alternative assumes that the approximately 17.7 acre project site would be developed consistent with the existing approved entitlements for the project site which would allow for the development of the previously approved Main Street Concourse Project consisting of up to 1.96 million square feet of office, retail and hotel uses, and 280 residential units. The existing entitlements for the project site reflect approved development as assessed in City of Santa Ana EIR 90-2 which was certified by the Santa Ana City Council in April 1992. This No Project Alternative would result in approximately 1.91 million more square feet of commercial uses (office, retail and hotel) and 38 more residential units on the project site than under the City Place project. This No Project Alternative would result in substantially greater land use densities on the project site than the proposed project. The No ProjectlExisting Entitlement Alternative would meet all of the objectives for the City Place project. 6.3 DESIGN ALTERNATIVE The Design Alternative reduces the development on the project site by 123,434 square feet and would result in a reduction of overall density and FARon the project site. The Design Alternative would only marginally reduce impacts compared to the proposed project for hydrology and water quality, noise, public services and utilities and service systems. The Design Alternative would have no change on impacts compared to the proposed project on aesthetics, air quality, cultural resources and hazardous materials. The Design Alternative would result in reduced traffic impacts in the short and long term, but not enough to reduce the impact to below a level of significance. The Design Alternative would meet all ofthe objectives for the City Place project. 6.4 COMP ARlSON OF IMPACTS Table 9-1 in the EIR, provided on the following page, compares the unavoidable adverse impacts of the City Place project and the No ProjectlExisting Conditions, No ProjectlExisting Entitlement and Design Alternatives. TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) C:\Documents and Settings\BKaufmanlLocal Settings I Temporary Internet FileslOLKBlCity Placefindings.doc September 29, 2004 Page. 75A-326 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Impact City Place Project No Project / No Project / Existing Design Alternative Category Existing Conditions Entitlement Aesthetics Less than significant No impact. No significant Similar to under the impact adverse impact after City Place project. mitigation. Air Quality Unavoidable significant No impact. Substantially greater Similar to under the short term, long term short and long term City Place project. and cumulative impacts impacts which cannot all be mitigated to below a level of significance. Cultural Less than significant No impact. Same as under the Similar to under the Resources impact with City Place project. City Place project. incorporation of mitigation Hazardous Less than significant No impact. Substantially greater Similar to under the Materials impact than under the City City Place project. Place project; can be mitigated to below a level of significance. Hydrology and Less than significant No impact. Similar to the City Similar to under the Water Quality impact with Place project for City Place project. incorporation of hydrology; greater for mitigation water quality; impacts can be mitigated to below a level of significance. Noise Less than significant No impact. Greater than under Similar to under the short term impacts the City Place project; City Place project. Less than significant can be mitigated to long term impact with below a level of incorporation of significance. mitigation Public Services Less than Significant - No impact. Greater than under Similar to under the Police, Fire Services, the City Place project; City Place project. school, library services can be mitigated to Less than significant below a level of park impacts with significance. incorporation of mitigation Transportation Unavoidable significant No impact. Substantially greater Similar to under the and Traffic impacts to Main than under the City City Place project. Street/17th Street Place project; cannot intersection all be mitigated to Less than significant below a level of impacts to Lawson significance. Way, Main Street/La Veta intersection and Memory Lane/Lawson Way intersection with incorporation of mitigation Utilities and Less than significant No impact. Substantially greater Similar to under the Service than under the City City Place project. Systems Place project; cannot C:\Documents and Settings \BKaufman ILocal Settings I Temporary Internet Files I OLKB I City Place findings. doc September 29. 2004 Page. 75A-327 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Land Use TABLE 9-1 COMPARISON OF THE IMP ACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) No Project I No Project I Existing Design Alternative Existinl!: Conditions Entitlement all be mitigated to below a level of significance. Less than significant No impact No impact Less than impact significant impact Source: Draft Focused Environmental Impact Report for the City Place Project (P&D Consultants, 2004). Impact Catel!:ory City Place Project 6.5 ENVIRONMENTALLY SUPERIOR ALTERNATNE The City Place project, the No ProjectlExisting Entitlements and Design Alternatives would result in environmental impacts greater than the No ProjectlExisting Conditions Alternative. Therefore, the No ProjectlExisting Conditions Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of that alternative. Section l5l26.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally supenor alternative when the No Project Alternative IS selected as the Environmentally Superior Alternative. Many of the environmental impacts of the City Place project are 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. As shown in Table 9-1, the No ProjectlExisting Entitlement Alternative would result in significant adverse impacts greater than under the City Place project, which cannot be mitigated to below a level of significance, related to short and long term air quality, and transportation and traffic. The other adverse impacts of the No ProjectlExisting Entitlement Alternative, related to aesthetics, cultural resources, hazardous materials, hydrology and water quality, noise, public services, and utilities and service systems, would be similar to or greater than under the City Place project and could be mitigated to below a level of significance. However, because the significant unavoidable adverse impacts of the No ProjectlExisting Entitlement Alternative would be greater than under the City Place project, this No Project Alternative would not be the Environmentally Superior Alternative. The impacts of the Design Alternative would be similar to the City Place project. The significant unavoidable adverse impacts of this Alternative related to short and long term air quality and transportation would less be compared to the City Place project but would still be significant. Therefore, this is Alternative is not environmentally superior to the City Place project. The City Place project would be the Environmentally Superior Alternative because it would avoid significant adverse impacts that would occur under the No ProjectlExisting Entitlement Alternative and would not result in greater impacts than under the Design Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City of Santa Ana has balanced the benefits of the City Place project against its unavoidable adverse environmental impacts III determining that the specific economIC, legal, social, C:\Documents and SettingslBKaufman\Local Settings \ Temporary Internet FileslOLKBlCity Place findings. doc September 29, 2004 Page. 75A-328 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings technological and/or other benefits outweigh the unavoidable significant adverse environmental impacts of the project. Section l5093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse 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 information in the record. The reasons set forth below are based on the Final EIR and other information 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 City Place project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined 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 term air quality, and surface transportation are: 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: . Result in the development of the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas . Maximize the advantages of the sites location on Main Street in terms of its visibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area ofthe City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. · Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. 2. Approval of the project would bolster the economic and social health of the northernmost part of the City of Santa Ana 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 proj ect would be consistent with existing development in the area which reflects an urban environment preserving the aesthetics 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. CIDocuments and SettingslBKaufmanlLocal Settings I Temporary Internet Files I OLKBI City Placejindings.doc September 29, 2004 Page. 75A-329 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4. Furthermore, there are no alternative sites in the City that are suitable for this proposed project, 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 term air quality and surface transportation. 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 City Place project related to short and long term air quality and surface transportation are acceptable and, furthermore, 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 information 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 ofthe proposed project, as identified in the Final EIR: . 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, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined 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. 1 O. APPROVALS C:IDocuments and SettingslBKaufmanlLocal Settings \ Temporary Internet Files I OLKBI City Place findings. doc September 29. 2004 Page. 75A-330 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 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 EIR, 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 City Place project, as described in the Final EIR, including the site approval and design. C:\Documents and Settings IBKaufman ILocal Settings I Temporary Internet Files IOLKB I City Placejindings.doc September 29,2004 Page. 75A-331 ORDINANCE NO. NS-2676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT DISTRICT (SD-59) 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 various entitlements in order to construct the City Place project, which is a mixed use development with approximately 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); and 187 residential units divided as follows; approximately 73 for-sale live-work lofts; approximately 112 for-sale town homes and 2 single family detached homes, all for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On October 25, 2004, the Planning Commission held a duly noticed public hearing, and voted to continue the matter to December 13, 2004. C. On December 13, 2004 the Planning Commission voted by a vote of 6:1 (Sinclair opposed) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt an ordinance approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004- 06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. D. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place Development on February 7,2005, and at that time considered all testimony, written and oral. After closing the public hearing, the Council adopted a motion continuing the matter to its February 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: Ordinance No. NS-2676 Page 1 of 3 75A-332 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (town homes and live-work units) as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565. b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. E. Amendment Application No. 2004-06 has been filed with the City of Santa Ana to amend Specific Development Plan No. 59 (SD-59). Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set forth in Exhibit "An, attached hereto and incorporated as though fully set forth herein. (ZOA 2004-06). Section 3. This ordinance shall not be effective unless and until Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If said resolutions are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2676 Page 2 of 3 75A-333 ADOPTED this _ day of ,2005. 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: 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 Ordinance No. NS-2676 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-2676 Page 3 of 3 75A-334 THE MAIN STREET CONCOURSE EXHIBIT A 75A-335 Specific Development Plan No. 59 City of Santa Ana PC DRAFT 10-25-04 TABLE OF CONTENTS PAGE APPLICABILITY OF ORDINANCE ................. ........................... ................1 PURPOSE ............................................................................................1 PART I. GOALS, OBJECTNES AND POLICIES ........... ....................... ...... ...2 PART II. PERMITTED LAND USES ..........................................................4 ^ .L.L. Professional "^.nd Business Office Uses (ZONE II "\l'ID ZONE III) .............. .3 1. Permitted Uses .. ........ ... ... .... ......... ........ ...... ... ... .... ... ..... ........4 B. Retail/Restaurant Uses (ZONE II, ZOl'fE III, ZONE IV) ........................... .1 1. Permitted Uses ............................................ ......... ............ ....1 C. Recreation/Entertainment Uses (ZONE II) ............................... ............. .6 1. Permitted Uses ..................................................................... 6 D. HotelfConference Uses (ZOl'fE III) .......... .................................. ..... .....6 1. Permitted Uses .................... ................... .................... ...... ....6 E. Residential Uses (ZONE I) ...............................................................7 1. Permitted Uses .................................................................. ...7 F. Mass Transportation ....................................................................... 7 1. P ermi tted Uses ................................................ . . . . . .. . .. . . . . .. . . .. 7 ~ 2. Conditional Use Permit ..........................................................9 PART III. DEVELOPMENT STANDARD ............................................ ..10 A. Floor Area Ratio/Density .............................................................. ..10 1. Professional and Business Office Space Floor Area Ratio.. .... . .. .. ... ....10 2. Retail and Restaurant Space Parcel Size...................................... .11 75A-336 3. RecreatioTh/Entertainment Space Screening................................ ...12 4. Residential Space Parking............................................. ......... ..12 5. Hotel/Conference Space Open Space.......................... .. .......... .. ..13 6. S ignage. .. . . .. . . . . . .. . .. .. . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . .. . .. .. . .. . . . . .. . . .. . . . .....13 7. Plaza and Fountain Design.................................. ................... ..13 8. Public Art........ ..... ....................................................... ... ....15 B. Density Conversion ........................................................................ 9 B.G. CC&R's. .... ..... ... .... ........... ... ....... ......... ............ ............... ..... .....16 C .f).;. Building Height .......................................................................... .16 D.E-:- Setbacks........ ... ... ..... ....... ...... .............. .......... ........ ....... ..... .... ....16 E.~ Site Coverage and Open Space ........................................................ .17 F. G:- Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 G.B-: Loading Areas ..... ........ ...... ... ... ...... ......... ....... ...... ..... ... .... ........ ....21 H.h Storage Areas/Mechanical Equipment ........ ...... .............. .... ... ........ .... ..22 L:h Refuse Collection Area ........ ... ... ..... ...... ... ....... ... ........ .......... ... ... ....22 J.~ Telephone, Electrical, Water, Gas Cable TV, Storm Drains and Sewer Service ............. ....... .............. ....... ...... ...... ..23 L. Public Transit .......................................................... .......... ...... ...17 K.M. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . .24 PART N. DESIGN STANDARDS .................................................... ...25 A. Interior Street . ....... ........... ............. ........ ....... ........... .... ..... .... .......25 B. Building Mass, Form and Architectural Style ...................................... ..26 C. Materials....... .......... ........ .......... ......... ........... ............. ..... ...... ....27 ii 75A-337 D. Color.............. ........ ................................................... ....... ...... .28 E. Public Art ................ ................................. ................... ...... ..... ...28 F. Detail ....... .... ......... ............ ............................................ .... ...... .28 PARTV. LANDSCAPE MATERIALS AND DESIGN ............................. ..30 ^ .L..... Main Stroet, Ov,ens Drive and La',Vson \1/ ay Setback .:\rea ....................... .23 1. Main Street Phase I .......................... .......................... .... ....24 1 a. Main Street Phase II .......................................................... .25 2. OVlens Dri','e Phase I ......................................................... .27 2a. Owens Dri'/e Phase II .................................................... .....29 3. Owens Drive and Lawson Vlay Intersection........ ... ........ ...... .... ....30 4. Lav,son'llay .................................................................... .30 B. Main Street and Owens Dri','e Planted Medians . ................ ......... ...31 1. 14:ain Street ............................................................ . . .3 1 2. Ov,'ens Drive .... ................... ................. .......... ......... .31 C. Residential "\reas ............................................................... .31 1. Recreation "\reas ....................................................... .31 2. Interior Common Open Space ............................ .... ...... ..32 3. Private Open Space .....................................................33 D. Concourse Drive ........... ... ................. ............ ......... ...... .... ...33 E. Pedestrian Oriented Public Plaza................................... ... ..... ...33 F. Hotel Entry Court ................................................................33 G. Parking Structure Screen ................. .................................... ...34 A.lh Temporary Landscape Adjacent To Undeveloped Parcels ............... ..41 B.I-: General Notes .................................................................. ...42 iii 75A-338 PART VI. SIGNAGE ....... ....................................................... .44 A. Intent.......... ........................... ......... .... ............... ... ......... .44 B. Sign Message Categories ..................................................... ..44 C. Physical Sign Types .............................................................45 D. General Criteria ..................................................................45 E. Criteria For Individual Sign Types .......................................... ..46 1. Freestanding Signs ........................ .. .. . . .. .. . . . . . . . .. . . .. . . .. .. .46 2. Wall/Canopy Signs ....... ............ ............ ................... ...46 3. Projecting Signs ...................................................... ...47 4. Marquee Signs ........ ................................... ............. ..47 5. Signs Under Canopies And Marquees ..... ... ... ... ... ...... ..... ...47 6. Major Building Identification Signs .................................40 6.+-: Temporary Identification Signs ........... ........ .... ........ .... ....48 7.& Submission of Main Street Concourse City Place Plan Signing Design Program ...................................................... ...48 PART VII. LIGHTING.. ... ..... ....... ..... ...... .... ... ...... ......... ........ ....50 A. Street Lighting/Exterior To The Project (Public Righr-of-Way) . .......... ... ... ................. ...... ... ......... .... ..50 B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive .. ...... ........... ... ...... .... ........ ...... ............ .... ........ .... ... .50 C. On-Site Building Lighting .................................................. ....51 D. Required Minimum Maintained Illuminance Levels ..................... ..51 PART VIII. OPERATIONAL STANDARDS ................................... .54 P ART IX. CONCEPTU.^~L PL\N i\PPROV AL .............................. .50 iv 75A-339 A TT ACHED EXHIBITS Exhibit A - Overall Site Plan Exhibit B - Landscape Plan Interior Zone for Signage Locations Exhibit C Conceptual Site Plan (Proposed Phase I) Exhibit D Conceptual Site Plan (Proposed Phase II) v 75A-340 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41. Division )6. of the Santa Ana Municipal Code. is specifically subiect to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters. articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41. Article Ill, of the Santa Ana Municipal Code for zonin2: distticts other than the SD zolling district may be incorporated herein by reference. PURPOSE The Specific Development No. 59 (SD-59) use district regulations are herebv established for the express purpose of protecting the health, safety and general welfare of the Citv bv encouraging the use of innovative planning concepts and principles and promoting and enhancing the value of properties and encourage orderly development. The SD-59 regulations will establish a professional disttict that will exclusively entitle 57,700 square feet of commercial space at the northeast corner of Main Street and Memory Lane with 187 for sale residential units further to Lawson Wav. This area will be a mixed use district with eating establishments, SUPPOlt services and a residential component consisting of live-work and to\\'11house units. 1 75A-341 PART I. GOALS, OBJECTIVES AND POLICIES Citv Place Specific Development District is located within the n0l1hem area of the City. The City Place Specific Development District encompasses a lan?:e vacant property bounded by Main Street to the west, Memory Lane to the south, Lawson Wav to the east and the City boundaries to the n0l1h. A regional mall. professional offices. a senior care facility and Santiago Park sUlTound the proiect site. The -r-.l:\IN STREET CONCOIJRSE is intendod to be an exciting no,,'. community where people can work, live, shop, and enjoy top qaality recreation and entertainment opportunities. By design, the project '.\'ill meet tho goals and objecti'.-es of a quality, balanced and community sensitive master planned mixed llse development. The City Place Specific Development District maintains a commercial corridor along Main Street while introducing a residential character along the eastern portion of the district. with a mixture ofl1ve-work and to\vnhome buildings. The Citv Place mixed-use proiect is intended to be an addition to the commercial con-idor and an infusion of housing to the district along the north Main Street section of the City. In addition. the mixed use plan for this site will result in the proiect becoming a node. or place of activity. The objectives of this MAil'1 STREET CONCOURSE the City Place Specific Development Plan includes the provision of the following: 1. A long-term development that is of the highest architectural quality and design; 2. A landscaping plan that is complementary to a large scale mixed use development; 3. An exciting and visually cohesive deyelopment as viewed both internally and externally; 4. A bold but integrated sign program suitable for a mixed use project of this scale and scope; 5. A development that is consistent with the District Center designation ofthe General Plan and which implements the spirit and intent and policies of the General Plan; 6. Concentrated and internally integrated development rather than development that spreads activities into adjacent residential neighborhoods; 2 75A-342 7. A development that '.'lith office and supporting uses provides special special design themes which are expressed in building appearance and configuration, street and pedestrian area design, landscaping, lighting and signage, and also provides for pedestrian linkages internally and to the surrounding neighborhood, traffic and service buffering and transitions in architectural scale and character; 8. Provision of off-street parking sufficient to service the development, consistent with the mix of uses contained in the project; 9. Provision or replacement of public streets, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements, as necessary; and 10. Opportunities for cultural amenities and facilities serving the visual and performing arts which are open for public patronage. 11. A landmark mixed-use proiect along north Main Street across from Main Place Mall. 12. Maintain the existing streetscape pattem including sidewalk design. mature trees and light fixtures. 13. Introduce a mixture of multi-fa mil v housing types to the district. 14. Provide a mixed-useproiect in scale and character with established commercial and residential structures along the north end of the district. 15. Enhance the pedestrian experience throulrh the development of new plaza areas and water features throughout the proiect as well as the intersection of Main Street and Memory Lane. 3 75A-343 PART II. PERMITTED LAND USES The categories of land uses to be included within the proj ect area are: Professional and Business Offices, banks and similar financial institutions, R[etail and (including restaurants, shops and service retail), RecreatioIblEntertainment, Hotel/Conference and Residential (including attached single family housing and a high rise residential tov/er). In addition multi-family residential uses (excluding live-work units) are permitted. Attached hereto as Exhibit.\ is a map sho'.ving the Land Use Zones for the project. The uses permissible in each zone are set forth belo'.\'. If a use is for any reason omitted from those specified as permissible in any zone, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent ofthis Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. ^ ..L.... Professional and Business Office Uses (ZONE II.'\NO ZONE III). 1. Permitted Uses. B. RetaillRestaurant Uses (ZONE II, ZONE III, ZONE N). 1. Permitted Uses. a. Within Buildin~s A, B. C and D (as identified on site plan), the following uses are lJennitted: ~a. General office uses providing professional and administrative services including but not limited to emplo)ment agencies; advertising agencies; banks; escrow agencies; accountant, medical, insurance, tax, real estate, legal, consulting, and travel services; tourist information; trade contractors; architects; engineers; planner; surveyors; research and development; stock brokers; state, county, municipal or other public offices, and other similar uses. b. Incidental support uses vii thin an office building, corporate art displays and exhibits, museum space, day care centers, and other uses ancillary to the primary use; provided such incidental uses are limited to 10% of the total floor area. b.€-:-fr:--Retail sales and service uses including but not limited to: department stores, and other establishments for retail merchandise; banks and other financial institutions; clothing stores or boutiques; cafes; delicatessens; f{)od stores; florists; news-stands; pet stores; photography studios; video stores; office and computer equipment; outdoor, eat in or take out restaurants; book and stationery store; camera shop; shoe store or repair shop; tailor; tobacco store; office 4 75A-344 equipment rental and repair; tourist information and travel agencies and ticket reservation services; sporting goods store; art gallery; craft store; cultural displays and related merchandising; pet store; bicycle store; pharmacies and drug stores; fabric shops; jewelry shops; furriers, formal 'Near stores (sales or rental); hair styling shops; design and furniture centers; cookware and gourmet specialty shop; office furniture store; interior decorator shop; private club with food and beverage service (excluding public assembly halls and subject to obtaining a Conditional Use Permit if alcoholic beverages are served); and dry cleaner. d. Full service cafes and restaurants w.ith a minimum of 50 percent of the enclosed floor urea dcyoted to dining. which may include incidental take out service. Full service cafes and restaurants shall be limited to those that provide sit-down dining areas and exclusive table service for ordering and delivering meals and beverages. e. Dav care facilities f. Museums and libraries g. Theaters 2. \Vithin Building E. as identified on site plan: a. Retail use \\'ith a minimwn of 25,000 square feet. 3. Within the Courtyards and The Park. as identified on site plan: a. Multiple family residences as condominiums. b. Uses incidental or ancillary to any residential use. such as swimming pool. sauna, iacuzzi, benches. playgrounds. BBQ and other outdoor recreational facilities. 4. Within The Lofts, as identified on site plan: a. Permitted uses as identified in Section A. 1-5, 8.9 and 11. b. Uses incidental or ancillary to any residential use. such as swimming pool. sauna. iacuzzi. benches. playgrounds. BBO and other outdoor recreational facilities. (5. Added) Within Lot 1. as identified on Vesting Tract Ma-p No. 2004-06 (County No. 16565): 5 75A-345 a. Single family residences at a maximum density of one unit per acre. 5. Ancillary uses to commercial area: lr.a. A maximum of five permanent outdoor sales kiosks or carts ~ portable outdoor pushcarts or other portable vendor sales facilities. The size and location of each Kiosk or cart and pushcart shall be approved on a masterplan of such uses by the Planning Commission prior to their construction or installation. c. Temporary outdoor activities or special events, not occurring as part of the normal course of the operations of the retail area, such as bazaars, fiestas, fundraising events, art fairs, festivals, outdoor music concerts and similar uses provided that the project operator shall file an application for a Land Use Certificate '.vith the Planning Manager as proyided for in Section 11 675 of the Code. ..^,. peak traffic event operating plan shall be submitted for approval concurrently '.vith the land use certificate application and shall include provision for special signing, a flat entry fee at all gates, opening of all entry gates and a use of parking directors, if any are necessary. Parking control at all site intersections must be provided. C. Recreation'Entertainment Uses (ZOl'ffi II). 1. Permitted Uses. a. Health and Exercise centers, including health clubs, gyms, tennis courts, swimming pools and other similar uses. b. Cinemas or multi plex movie theaters and live performance theater, up to a combined maximum seating of 1,500 seats. The liye performance theater may be freestanding, or may be provided as a dual use theater in connection v/ith a cmema. D. Hotcb/Conference Uses (ZONE III). 1. Permitted Uses. a. Full service high rise hotel. b. Full service all suites, high rise hotel. c. Such ancillary uses as are typically found in a full service hotel, including but not limited to: conference/meeting 6 75A-346 space and banquet facilities, recreational facilities such as spas, pools, training rooms, and other similar uses, restaurants, retail shops, nightclubs, cocktail lounges, cafes, travel services, and other commercial uses v:hich ha','e direct access to the hotel use. E. Residential Uses (ZONE I). 1. Permitted Uses. a. .:\ttached single family b. Multi family Residential as condominiums units in a Type I construction residential tower. c. Temporary residential model complex and leasing office. d. Uses incidental or ancillary to any residential use, such as s'.vimming pool, sauna, jacuzzi, benches, playgrounds, BBQ and other outdoor recreational facilities. F. Mass Transportation. 1. Permitted Uses. Monorail station or other rail rapid transit passenger station (ZONE IV). CONDTTIONALL Y PERMITTED USES The following uses are pennitted upon the approval of a conditional use pernlit in accordance with the Santa Ana Municipal code: A. Within Buildings A, B, C and D (as identified on site plan); 1. Uses open between midnight to 5:00 a.m. 2. Banquet facilities. subiect to development and operational standards set forth in 41-199.1. 3. Ni~htclubs. bars and indoor entertainment uses whether freestanding or pmt of another -pennitted or conditionally pennitted use, except adult entertainment businesses. 4. Establishments sellinll or serving alcoholic beverages. 7 75A-347 5. Coffee houses houses or similar uses not specifically listed in Part II, Section l.d. of this ordinance. 6. Parking structures B. Within The Lofts, as identified on site plan: 1. Live-work communities 2. Ceramic and pottery studios 3. Glass blowin~ and sculPtming studios 4. Coffee houses 5. Temporarv residential model complex and office C. 'Within The Courtvards and The Park. as identified on site plan: 1. Temporary residential model complex and office D. 'Within Building E, as identified on site plan: 1. Retail grocery markets which are open at any time bet\veen the hours of midnight and 5:00 a.m. E. Within the commercial component area: 1. Certified Fam1ers Market for the sale of vegetables. fi'uits and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. ') Community oriented live performance theater. USES NOT PERMITTED A. Schools, private or public. B. Medical office or clinics. C. Commercial uses with vehicular dive-throucl11anes or windows (i.e. drive-through restaurants, pharmacy or similar uses) are prohibited. D. Fast food or exclusively take-out restaurants. E. All other uses not expressly permitted or conditionally permitted in this ordinance 8 75A-348 G. Conditional Use Permit. 1. The follov;ing uses Ufe permitted upon approval of a Conditional Use Permit in accordance with the Code, provided that the only conditions which may be imposed upon any Conditional Use Permit shall be conditions directly related to the nature of the proposed use, and the characteristics of the operation of the business; a. Helistop (Zone II) b. 'Vine and fine liquor store (Zone II, Zone III, Zone IV). c. Farmer's Market for the sale of vegetables, fruits, and other agricultural products on weekends and holidays only from 6 a.m. to 2 p.m. and only in Phase II within the interior of the project (Zone II, Zone III and Zone IV). d. .^..ntique store operated by a certified antique dealer selling antiques or vintage clothing and memorabilia (not including thrift stores) (Zone II, Zone III, Zone N). e. .^...utomobile support facilities pro';iding services within parking structures such as: gas/fuel sale; auto servicing; auto detailing and other similar uses (Zone II and Zone III). f. Community oriented live perfDrmance theater (Zone II). g. Indoor entertainment that charge an admission fee (Zone II, Zone III, Zone IV). h. On and off premise sale of alcoholic beverages (Zone II, Zone III, Zone IV). 1. Chapel or church (Zone II, Zone III). 9 75A-349 P ART III. DEVELOPMENT STANDARDS The following General Deyelopment Standards are applicable to all uses in the Main Street concourse project. The requirements of the Santa ,\ua Municipal Code (the "Code") including development standards of general application throughout the City, shall govern the development of the }"-L'\.IN STREET CONCOURSE project, except as otherwise proT,'ided for in this Plan, and su1>ject to such vested rights as the developer may have pursuant to any development agreement \vith the City. }Jl terms not otherwise defined in this Plan shall haT/e the meanings sot forth in the Code. In the event of a conflict between the terms, conditions, requirements or provisions of this Plan and the Code, the terms of this Plan shall govern. The City Place Specific Development District is intended to allow the development of a mixed-use proiect maintaining a commercial presence alon~ Main Street. while introducin2: a mixture of multiple family housing to the eastem portion of the development site. The followin2: 2:eneral development standards are applicable to this project: A. Floor Area Ratio/Density. The following sets forth the maximum allowable floor areas for the various permitted use classifications of the project., subject to any density conversion as allo'Ned by Section C of this Part III. Increases in the aggregate density as set forth herein requires an amendment to this Plan, and would be subject to appropriate environmental review. The aggregate development density corresponds to an overall Floor Area Ratio ("FAR") of the Main Street Concourse project of approximately 2.51, based upon a net site area of771,116 square feet and 1,961,770 total gross square feet of development. This FAR represents the maximum intensity of development for the site. Parking areas and structures are not to be included in the calculation of density. 1. Floor Area Ratio (EA.R.) The maximum floor area ratio for the proiect site shall be 2.54. The FAR is calculated bv dividing the total square footage of the stmctures bv the total square footage ofthe proiect site. Consistent with the General Plan, parking structures are not included in the FAR calculation. 1. Professional and Business office Space. 931,075 square feet. 10 75A-350 2. Retail and Restaurant Space. 231,160 square feet. 3. RecreationlEntertainment Space. 56,400 square feet. 4. Residential Space. 427,660 square feet comprised of2l6 units of high rise condominium and 61 units of attached single family housing. This density reflects a site 'Hide maximum aggregate density of 16 D'Nelling Units per acre. A minimum of 6.1 acres of the site shall be de'loted to residential uses, provided such 6.1 acres may be parcelized into any number of parcels. 5. HoteL/Conference Space. 315,475 square feet comprised of a minimum of250 hotel rooms (including suites) and a minimum of 11,000 square feet of associated restaurant space, 20,000 square feet of con'/ention facilities/meeting/banquet rooms, and 30,000 square feet of support retail. B. Density Conversion. Upon application to the Planning Department and approval by the City Council, the developer may seek to convert square footage allocated to a particular land use category to another category. Such conversion may be granted only if all of the follo'.ving requirements are met: (i) the developer establishes that the environmental impacts associated '.'Iith the revised square footage allocation are less than or equal to the impacts associated with the development permitted by this Plan, (ii) developer has completed a minimum of 548,392 square feet of Professional and Business office space, 86,580 square feet of retail space, 8,280 square feet of restaurant space, a cineplex/community theater, and a health club and (iii) there will be no increase in residential density. 2. Parcel Size The City Place development proiect site is 17.7 acres. Subdivision of the parcel shall be consistent \vith Vesting Tract Map No. 2004-06 (County No. 16565). In no case shall commercial buildable parcels be less than 6 acres in size and residential buildable parcels be less than 2 acres ill SIze. 11 75A-351 3. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking A. As a mixed-use development. the Specific Development standards recognize the opportunity to share parking amongst the mixture of commercial uses. In addition the SD 59 acknowledges that the mix and proximitv of residential units and commercial space allows for the opportunitv for a variety of transportation modes, primarily \valking as an alternative. As such, the following parking is required: a. Parking has been calculated utilizing the Urban Land Institute methodology for shared parking. As such, the following square footage can be utilized within the commercial area of the City Place develo-pment proiect: 1. For the first 21,300 23,300 square feet of restaurant, 33,800 square feet of retail, itRd 2,000 square feet of live theater the parking requirement shall be 410 parking spaces. 11. Any additional development above item 4A.a. i. shall be parked pursuant to the City's parking standards then in effect. b. Parking Setbacks 1. lntemal Loop Road: The minimum required setback for the parking area is 15 feet as measured from edge of sidewalk. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. d. Landscaping: 12 75A-352 I. Landscaping throughout the proiect shall be in compliance with the landscape plan attached. 11. The landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. 5. Open Space A minimum ground level open space shall be provided at a minimum rate of 60 square feet per uni t. This ground level open space shall be centrally located on the site to provide access to all units. Plivate open space shall be provided at a minimum rate of 50 square feet per unit. 6. SigIlage a. All signage shall comply with the Santa Ana Municipal Code. b. Prior to issuance of any sign pennits or certificates of occupancy for anv building or portion thereof, a comprehensive sign program for the entire site. including directional signs and graphics. shall be submitted to and be approved by the Planning Division. 7. Plaza and Fountain Design a. The overall plaza design tbeme shall incorporate a minimum of** 6 maior pedestrian-level water features within the commercial area component and ** 7 pedestrian level water features elements within the residential component. b. The plaza landscape palette must include a minimum of four (4) tree species, to be approved bv the Landscape Development Associate prior to the issuance of any building pennit. The minimum established size for palm trees shall be 30 feet brown tnmk height. Non-palm tree species shall be a minimum of20 feet in height and 60-inch box. 13 75A-353 c. Exterior kiosks. carts or other temporary outdoor uses are not allO\ved unless specificallv submitted to and approved by the Planning Commission as noted within Item 5.a. of this document. d. Plazas shall incorporate seating, benches and landscaping to provide visual interest and additional amenities within the plaza. e. Pedestrian amenities shall be provided such as li2;hting, planters. unit pavers. and bicvcle racks. f. The color and appearance ofthe plaza furniture products and other elements must complement the overall plaza design and building architecture. g. Benches and pedestlian seating shall be made of a durable matelial such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. h. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other proiect furnishings. 1. Bike racks shall be provided at key activity locations \vithin the plaza. J. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. k. Soft as well as hard surfaced areas shall be incorporated into the Plaza area. Plaza area -paving shall consist of quality decorative elements. 1. Lighting height in the plaza area should be at a pedestlian scale. A raIH!e between 16 feet and 22 feet in the plaza area should be fully illuminated from dusk until da\vn. The overall lighting shall be maintained at one-foot candle and incorporate other pedestrian-Oliented lights, such as lighted bollards. Uplighting of trees and other site features is also required. m. The required plaza area shall include adequate provisions for the on-~!Oing maintenance of all plaza and pedestrian improvements. 14 75A-354 n. Plans shall include design details. matetials and provisions for the on-going maintenance for all interior public areas within the plaza area. 8. Public Art a. Public art valued at one half of one percent of the overall project construction valuation is required. The cost of any water feature or portion thereof shall not be included for purposes of complying with the public art requirement. Public mt may be comprised of multiple art pieces, however. at least one such art piece shall be placed at the northeast comer of the project site adjacent to Main Street and Memory Lane. The public art should invite participation and interaction. ins-pire, add local meaning. interpret the community by revealing its culture or historv, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicatine compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commi_s_~.ion fQLL~yiew and approval prior to issuance of any buildin;; pennits certificate of occupancy. All public art approved by the Platming Commission in the Public AIt Plan shall be completely installed prior to the issuance of anv certificates of occupancy for the proiect. b. Art should be sited to complement features such as plaza or architectural components so that the art is an inteeral part of the deyelopment site. c. Public art should be constructed using durable materials and finishes includine but not limited to stone or metal. d. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. e. All public art provided pursuant to the public alt requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting fonn of illumination. f All art pieces approved and installed pursuant to the Public ",\It Plan shall remain on the project site ancI may not be removed without the approval of the Planning Commission. 15 75A-355 B.G: CC&Rs. Reciprocal easements and Conditions, Covenants, and Restrictions (CC&RS) tying the overall project together as an integrated development and providing for joint access, ingress, egress, drainage, property maintenance standards, trash pick-up operations, circulation and parking management shall be recorded with the first final map prior to for the first phase of development. The residential and non-residential portions may be described in separate sections but they must be tied together by a single master document. The Master CC&R's shall address trash and reciprocal use rights in Phase I and Phase II for the residential and commercial components HSeS. C.!).;. Building Height. 1. On any lot or portion of a lot in Zone I ofthe Specific Development Plan area no building or structure shall exceed ~ 50 feet in height, as measured from the lowest adjacent finished grade. 2. On any lot or portion of a lot in Zone II of the Specific Development Plan area no building or structure shall exceed 450 feet in height, as measured from the lov.est adj acent finished grade. 3. On any lot or portion of a lot in Zone III of the Specific Development Plan area no building or structure shall exceed 315 feet in height, as measured from the lowest adjacent finished grade. 4. On any lot or portion of a lot in Zone N of the Specific Development Plan area no building or structure shall exceed 15 feet in height, as measured from the lo\vest adjacent finished grade. 5. Flagpoles and other incidental appurtenances on a building such as aircraft warning lights, beacons, and architectural features, may exceed the height limit. D.:& Setbacks. 1. Setbacks at ground level are established to enhance pedestrian space throughout the distIict. create compatible relationships between existing and future building street elevations and recognize opPOltunities to create new open space resources. such as plazas, pedestrian wavs and landscaped areas. h Except as otherwise indicated, all setbacks shall be measured from the street side property line to the first building element or structure. No building, structure, or parking facility shall encroach 16 75A-356 into any required perimeter setback either at or below grade. For the purpose of this Plan, a street side property line is that line created by the ultimate right-of-way line of the adjoining public street. Minimum setbacks are as follows: a. Main Street (perimeter): The average building setback shall be 19.5 feet. The minimum setback shall be 8 feet. This setback area may include hardscape as shown on the approved site plan. Fifteen (15) feet b. Lawson Way (perimeter): The average building setback shall be 18 feet. The minimum setback shall be 7 feet. Tv/enty seven (27) feet, 12 ft. f{)r patio walls, fences, or similar structures enclosing uncovered residential private open space. c. Owens Drive Memory Lane(perimeter): The average building setback shall be 11 feet 8 inches. The minimum setback shall be I foot 3 feet 4 inches. Hardscape, landscape and water features shall be provided in the required setback as shown on the approved site plan. Fifteen (15 feet, twelve (12) feet to any patio. d. Concourse Drive (interior street set backs): The minimum setback shall be 15 feet measured from street curb. f{)urteen (11) feet. 2. Required on-site perimeter landscaped setbacks shall not exceed an aggregate 33% slope. 3. Within the interior ofthe project, retail canopies may project five (5) feet into setback area. 4. Due to the integrated mixed use nature of the development, subject to applicable fire safety standards in the Code, and except as otherwise provided in this Section F, or as may be required for traffic safety (i.e. line of sight requirements), there shall be no interior lot line setbacks (i.e., a "zero lot line setback" will be allovled). E.~ Site Coverage And Open Space. 1. For purposes of this Section G, open space shall not include private streets or driveways, roadways or parking stalls. Open space does include landscaping, walkways, and covered arcades. 17 75A-357 2. The entire project shall devote a minimum of25~<' of the aggregate gross area of the non residential parcels in the site to open space. The site shall devote an aggregate minimum of 11.5 acres to non residential purposes. 3. The project shall de'lote a minimum of35% ofthe aggregate gross area of the site used fDr residential purposes to open space. The site shall devote an aggregate maximum 6.1 acres to residential purposes. 2.~ Residential open space may be private common area or private yard but shall in no event include any space provided in balconies er required setback areas. The CC&Rs shall require that all residents be allowed access to all residential common areas in the project, subject to reasonable restrictions as may be imposed for security and safety by property management. No required setback area shall be calculated as required open space. 3.~ Individual parcels or lots will not be limited in site coverage. Each parcel shall have a minimum 120 feet of street frontage. 4.&:- Single family attached residential shall provide a minimum of~ 50 square feet of ground level private yard open space per unit, which open space shall be adjacent to the living, dining or kitchen area of each unit. Perimeter fence shall be provided and shall not exceed five feet in height on the exterior and 42 inches on the interior. 5.+: Both the attached single family housing and Ceondominium units shall contain a balcony efwith dimensions not less than six feet in any direction 90 square feet of private open space area. 6.&- Pathways from the common area through the private yard open space shall not be included in the calculation of private open space area. F.~ Parking. 1. All parking, including valet parking or shared parking, shall be as pro'/ided per the Santa Ana Municipal Code (SAMC) or any parking variance approved pursuant to the Code. 2. Non reflective glass storefronts with open yisibility shall be utilized at all pedestrian corridor areas pro'/iding access to parking structures. 18 75A-358 3. .^Jl ramps throughout the project shall not exceed 12% slope ifno parking occurs on the ramp and 5% maximum slope if parking is on the ramp. 4. Vertical pedestrian circulation from belo',,, grade and structured parking shall incorporate elevators, escalators and stairs. .L~. Vehicular site access points will be provided from Lawson Way, Main Street and two points from Owens Dri'/e Memorv Lane, as defined on the site plan. 6. 1...11 underground parking shall have mechanical smoke controb/removal. 7. Parking operator shall prepare, submit, and comply with a parking control plan to the City for reviev:, pursuant to v/hich the operation of the parking facilities and duties of the parking operator staff\vill be described. Plan shall also include event parking controls and description or bollard controls~ 2.&. There shall be no sharing of residential parking. ~9. Parking gate locations and stacking distances shall comply with applicable Department of Public Works policies. 4.+9. No partitions, walls or other obstructions shall be built or placed with the attached single family, four car garage~ preventing the spaces from being used by residents and guests for the parking of vehicles. 5.H. Recreational vehicle, boats, trailers or similar storage is prohibited on-site. 12. .'\11 ramps throughoat the project shall not exceed 12% slope ifno parking occurs on the ramp and 5%, maximum slope if parking is on the ramp. 6.g. The townhouses shall be designed with vertical roll-up garage doors. 7.+4. All paved areas shall be sloped to drain. Finished slope of areas paved with asphalt concrete (AC) shall be not less than one percent. Finished slope of areas paved with portland concrete cement (PCC) shall not be less than one-half of one percent. Portland Cement concrete gutters shall be installed to receive 19 75A-359 drainage from asphalt concrete paved areas; such gutters shall be not less than three feet in width. 8.~. Residential parking is calculated separate from commercial designated parking and no provision is made for shared parking consideration. 9.+6. All parking areas shall be surfaced with material so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such an area is likely to be subjected as follows: a. Covered Parking Areas - Passenger vehicle parking areas within or under building shall be paved with Portland Cement Concrete with a minimum compressive strength of 2,000 p.s.i. b. Open Parking Areas (Phase I) - Parking areas other than those within a building may be paved with asphalt concrete. Asphalt concrete pavement shall be a minimum thickness of three and one-half for passenger vehicle parking areas. Thickness of asphalt concrete may be reduced to a minimum thickness of two inches for passenger vehicle only traffic, provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches. c. Surfacing, Parking or Drive Aisles - All off-street parking, vehicle maneuvering areas, turn-around areas, driveways, and private streets, shall be surfaced, and thereafter maintained with Portland Cement Concrete poured to a minimum thickness of 5Yz inches. lQ::!-+. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse. Concentrated flows of water from parking areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk. l..L-l-&. All parking areas shall be maintained in a safe and sanitary condition free of dust, mud, or trash, and shall be kept in good repair. Any alteration, enlargement, maintenance or repairs shall be pursuant to the aforementioned standards. 20 75A-360 12.-1-9. All parking spaces shall be double striped in a manner clearly showing the layout of the intended parking stall. Such striping shall be maintained in a clear, visible and orderly manner. G.H:- Loading Areas. 1. Entrances and exits to loading facilities should be limited in number and shall not interfere with the flow of traffic along the perimeter streets. 2. Loading areas should be located so as to minimize potential for intrusion into residential portions ofthe project and adjacent neighborhoods while allowing for efficient utilization by commercial users. 3. Loading areas shall be located and designed to minimize direct exposure to public view. These areas shall be screened with landscaping and walls to reduce visual impacts. 4. Loading areas shall be visibly separated from public entrances and parking areas. 5. Loading stalls shall be designed to not interfere with circulation or parking, and to permit trucks to fully maneuver on the property without backing up from or onto a public street. 6. Loading areas shall be graded to drain surface water to an alley, street or public storm drain. Surface water shall be conducted under any intervening public sidewalk by a drain approved by the Public Works Department and in accordance with a valid NSDES Permit. Under no circumstances shall surface water be allowed to collect in pedestrian areas. 7. The surface area used for any loading activity shall be paved with not less than 4 inches of asphaltic concrete on 8 inches of crushed rock base, or with 5 12 inches of Portland concrete cement. Soil conditions or the nature of the trucking activity may necessitate greater requirements as determined by the Division of Building and Safety and a soils report prepared by a licensed soils engineer. 8. Each loading space aligned with and directly adjacent to a parking space shall be clearly designated, "LOADING ONLY." 9. At a minimum, separate loading areas shall be designated on the approved site plan or any modification thereto, for each efHee building and adjacent retail shops/restaurants; the cineplcx, health 21 75A-361 club and adjacent shops/restaurants; the hotel and conference facility; and the high rise residential tower (2 service truck stalls plus one stall for trash removal). 10. All A loading areas for the project shall be able to accommodate a 55 foot semi-trailer for the Building E. H.~ Storage Areas/Mechanical Equipment. 1. All mechanical equipment shall be screened below parapets and situated to minimize visual impacts viewed from the office towers. 2. No outdoor storage shall be permitted. 3. There shall be no exposed television, ham radio, dish or other antenna. LJ.:. Refuse Collection Area. 1. A refuse collection area shall be located at each loading dock per approved site plan. 2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen or by rolldown screened doors, or by landscaping and fencing. 3. No refuse collection areas shall be permitted between a frontage street and the building line, unless adequate screening is provided. 4. Except for the attached single family residential uses, all trash and refuse shall be collected, compacted and stored internally at centralized areas. Refuse will be picked up at truck loading areas in accordance '>'lith the City's vendor's schedule, trash pick up operation agreement and the CCR'8 for the project. 4.~. The attached single family residential uses in the project will incorporate a trash pick up mechanism whereby trash will be collected at each unit and carted to a centralized area. No heavy trucks shall be used on the internal road benveen the single family attached residential units for trash collection, The commercial and residential uses shall provide a trash pick-up operation agreement and this pro';ision shall !Q..be included in the CC&R's for the project. 22 75A-362 2,.e. Each trash enclosure shall have a minimum of six inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 6.+. Townhouse unit trash vestibules shall be designed with a hose bib for washing out the area. 7.S. All trash enclosures throughout the project shall be designed with metal doors. J.K::- Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer Service. 1. All "on-site" utilities shall be placed underground. 2. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. 3. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. 4. All residential units shall be separately metered for electrical, gas and water service. 5. Sanitary sewer, storm drainage and water service shall be designed as a private system on-site. There shall be private water meters as outlined in Section 34-313.5 of the Santa Ana Municipal Code. 6. The utility lines in the townhouse drive aisle shall be laid out so as to not prevent the planting of trees and other landscape material in the drive aisle area. L. Public Transit. A bus turnout lane and bus shelter shall be incorporated along Main Street. Bus shelters may be free standing pergolas, arcades or recessed covered '.vaiting areas, 0.11 as consistent with the Orange County Transit Districts: Design Guidelines for Bus Facilities and the Code. .^~ monorail station or other rail rapid transit passenger station may be located adjacent to or incorporated into retail uses on the site. 23 75A-363 K.M. Maintenance. The entire proj ect shall be maintained to exceed community standards for attractive and sanitary conditions. The CC&Rs for the project shall set forth the maintenance procedures applicable to the project. A maintenance agreement approved by the Executive Director of Public Works Agency shall be executed with the City for the maintenance of special pavement treatment, planting, street lights, etc. in the public right- of-way and in required easement areas. This agreement shall be executed with the City prior to recordation of any subdivision map and included or referenced in the CC&Rs for the project. 24 75A-364 PART N. DESIGN STANDARDS A. Interior Streets 1. Concourse Drive. The tone and pedestrian experience of the project will be largely determined by "Concourse Drive," a wide interior street which will meander curve through the project. The Concourse is intended to lend a unifying component to the project as well as link different uses together. a. Concourse Drive will consist of a 34' road bed with minimum 14 feet walkways on either side covered arcades may count up to nine rectalinear feet of the walkway. b. Concourse Drive will not be a public street, but will be open to the public subject to parking management rules and regulations as approved by the City and contained in the CC&Rs for the proj ect. c. All pedestrian walkways will be separated from the vehicular areas by curbs and gutters. d. Handicapped access ramps will be provided per the Code. e. Concourse Drive will be designed to accommodate fire trucks, semi-trucks, and other service vehicles. f. Concourse Drive, including all roadways, walkways, landscaping, furniture and fixtures will incorporate high quality materials and enriched paving. The overall effect should include dramatic lighting of landscaping, signs and buildings. g. Street furniture and pedestrian shelters are elements that would contribute well to the unified street edge. One style will be used throughout Concourse Drive in order to create a unique sense of place. Seats, benches, trash receptacles, bicycle racks, telephones, light fixtures, potted plants, signage and banners consistent with the architectural themes and concepts and other miscellaneous street furniture shall be included in a coordinated manner throughout the Concourse area. 25 75A-365 h. Tree wells shall be a minimum of three feet by three feet with protective tree grates and collars. 2. Single Family Residential Internal Streets. a. The internal circulation road within the residential component of the project will have a minimum 22' wide paved roadbed and a minimum 3 ft. of landscaping on either side. The road is intended to serve as an internal road open to residents and their guests, Property management, garbage carts, etc., but it will not be a publicly dedicated street. No heavy trucks will be allowed on the internal road. b. The internal circulation road will incorporate high quality masonry paved materials between throughout the residential units. c. The internal residential road '.vill be secured from general public access through the use of decorative gates and other security devices, as indicated on the site plan. 3. Vehicular Loading Access Roads. a. Service roads will incorporate asphaltic concrete paving with curbs and gutters. b. All service roads will be accessible by semi-trucks (wheel base 50) and service vehicles. c. Colored paving materials and concrete may be used as accent materials at entry locations (not including public right-of-way or required easement areas) on the property to visually define entryways. B. Building Mass, Form And Architectural Style. One critical component of the Main Street Concourse design is the consideration of architectural style, mass and form. Architectural style shall impart a distinct building image. Mass shall relate to the desired scale and form shall be used to lend interest to the overall effect of the mixed use development. 1. Building masses shall be simple in form and composed of strong geometric shapes including rectilinear forms with facade variations, round, columnar, stepped (terraced) or pyramidal 26 75A-366 shapes. Building mass forms may be composed of ornate historical building styles or a combination thereof. 2. General building form shall be indicative of the functions that take place within. Pedestrian spaces and entrances should be apparent and ceremonial. 3. Internal building structure shall be delineated with clear definition of floors and vertical supports. 4. Large flat unarticulated building faces shall be avoided. 5. Window fenestration must be carefully orchestrated to complement the basic masses, provide scale and modulation of building surfaces and to allow perferation of solid shapes. 6. The mass form and orientation of commercial buildings must be sensitive to adjacent residential areas and pedestrian linkages. 7. Building forms may be exaggerated to express a particular style. 8. Special architectural enhancement shall be included at the pedestrian level of all commercial and retail buildings by utilizing added facade articulation and detail variation. C. Materials. The use of quality materials and detailing on highly visible surfaces will add elegance and maximize the statement of the style of the development. The Main Street Concourse City Place development will embrace innovative uses of contemporary architectural materials. 1. Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone, and colored wood or high quality metallic trims are acceptable finish materials. 2. Textured and smooth concrete, decorative or textured concrete blocks, or steel and high quality metallic panels are appropriate building materials. 3. Non-reflective glass shall be used at pedestrian level for viewing and window shopping purposes. Reflective glass at upper levels is acceptable, but shall be compatible with the design style of the rest ofthe Main Stroot Concourse Citv Place project. 27 75A-367 4. The use of cloth awnings, fixed canopies, metal hand rails and other elements which cover and protect windows and pedestrian areas are encouraged. Signage on such elements must be consistent with the sign requirements contained in this Plan. 5. Monolithic glass surfaces may be used with other accent materials in a visually harmonious manner in special applications as accent but should not be used as the dominant architectural theme. Structures utilizing glass curtain walls as the predominant design element are not permitted. 6. High rise buildings (including office buildings, the high rise hotel and high residential) shall incorporate multi faceted exterior facades and ';aried rooftops with set back lines. 6.1. Glass storefronts shall be provided facing all streets, Concourse Drive, and the majef pedestrian oriented public plaza~ adjacent to Concourse Drive, and the elevated pedestrian system. 7.&. All building and site finish materials, colors and designs shall be reviewed and approved by the Planning Division prior to submittal to Building Division Plan Check. 8.9. Security gates for storefronts, if provided, shall be designed inside of the buildings. D. Color. 1. Choices of color should promote a lively, festive and warm atmosphere. Dull colors should be avoided or used in limited amounts. In general warm contrasting colors should prevail with bright colors and pastels used for accent and detailing. A sense of pageantry shall be promoted through the use of color on signs, lighting, flags and banners and other devices. E. Public Art. Various forms of public art may be integrated into public spaces (not including public right-of-way) throughout the project. F. Detail. 1. Reveals, recesses and other architecturally sculptural elements shall be used to accent key features of the architectural design. 28 75A-368 2. Upgraded light fixtures, door and window details and other feature items are encouraged. 3. Banners, flags and other colorful devices may be used to accentuate linear relationship at outdoor areas but only when approved in conjunction with the signage program as set forth herein. 4. All buildings shall incorporate architectural detail, multiple materials, generous landscaping, lighting effects and strong architectural design themes to soften building mass. 5. All architectural elements including building components shall be part of an integrated design. The entire project shall have a cohesive statement of theme and style. 29 75A-369 PART V. LANDSCAPE MATERIALS AND DESIGN The design guidelines outlined here will assist in achieving a distinctive development character for the project while ensuring compatibility between commercial and adjacent residential land uses. These plants are recommended, however, actual plant choices may be substituted depending on experience and actual soil conditions. The high quality ofthe development is reinforced through the coordinated design and selection of landscape and paving materials, and emphasis on unique landscape features. The follo'.ving categories are addressed: 1. Main Street, Owens Drive and Lawson 'Vay setback areas. la. Main Street, OYlenS Drive and Lawson 'Vay setback areas (Phase lIt 2. Main Street, Owen Drive and Lawson \Vay street frontage areas. 3. Main Street and O'.vens Drive planted medians. 4. Residential areas. 5. Interior pedestrian street. 6. Multi use office forecourt. '7. Hotel entry court. 8. Parking structure screen planting. 29. Temporary landscape adjacent to undeveloped parcels. 310. General notes. As phases are implemented, landscape plans (including landscape plans for any temporary parking areas) shall be approved which are consistent with and implement these concepts of Exhibit A and B. Detailed landscaping plans prepared by a landscape architect, shall be submitted to and approved by the City of Santa Ana Planning Department and Public Works Agency (for public right-of- way areas) prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy for the phase in question. Off-site landscaping shall be approved by the Department of Public Works as part of any street improvement plans. ^ . .La Main Street, O';vens Drive ..^....nd Lav/son 'Yay Setback i\reas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adj acent to Main Street, Owens Drive and Lawson \Vay rights of ''lay. The edge will contain f<lrmal street tree plantings with turf and paving belovl. 1. Main Street Phase I. The Main Street parkway area designated in Phase I '.vill incorporate a formal ro','/ of street trees planted in a three foot 30 75A-370 square planter within the standard City sidewalk and park\vay of 10 feet as measured from the face of curb. The installed street trees will continue throughout the entire length of the project. .^Jl additional area of landscape, inside the property line, '.vill contribute to create a consistent urban landscape image. This area, varying in size from 15' minimum to 95 feet maximum, of large sculptural ground cover berms '.'lith trees planted in formal alternating patterns '.vill provide a beautiful green buffer from the adjacent traffic and creates a pleasant, pedestrian scaled transition for the office tov/er employees and visitors. f.. largo e','ergreen hedge occurring along the total length ofthe Main Street site functions as a visual screen from the required on grade parking lot. A very special sculptural garden with large informal canopy trees '."vill become the major focus during Phase I. Turfv/ill be consistently used as the ground plane landscape treatment along the northwest frontage. i\.t the corner of Main Street and Owens Dri','e, a large sculptural groundcover berm '.vith formal, alternating arrangement of trees becomes the strong landscape transitional element. A continuation of the same landscape vocabulary occurs around the corner of O'oVens Dri'le. Suggested minimum elements of this streetscape area arc as follo'ivs: (a) Street Tree: :\recastrum romanzoffianum Queen Palm. Size: 15' tall (brovlll trunk height). Spacing: Planted at 30' on center when not prevented by traffic sitelines, BCR and ECR setbacks, light standards and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, '.vater, sewer, etc. (b) Perimeter Backdrop Tree: Gleditsia triacanthos inermis Skyline Honey Locust. Size: 36" box. Spacing: 30' on center spacing. (c) Parking Lot Tree: Brachychiton populnous Bottle Tree. Size: 24" box. 31 75A-371 Spacing: spaces. One tree every four to five parking spaces. Note: Trees are to be planted in over sized boxes to facilitate future reuse of the trees on the project. (d) Sculpture Garden: Koelreuteria bipinnata Chinese Flame ~ Size: 18" to 60" Box. Spacing: Informal. (0) Parking Lot Hedge Shrub: Ligustrumjaponicum "T ex anum " 'NaxloafPrivet. Size: 5 gallon. Spacing: 30" on center. ef) Landscaped Berm: Hypericum ealycinum }~aron's Beard. Size: Flats. Spacing: 8" on center, triangular spaced. (g) Turf: Marathon Fescue II Fescue blend. Size: Sodded. la. Main Street Phase II The Main Street stroetscape '",ill be landscaped with 15 feet of turf adjacent to the curb and an additional 10 15 feet of accent paving along the retail building frontage. Traditional park-yay sidev/alks shall occur at all locations not adjacent to a retail building. The sidev:alk area will accommodate pedestrian traffic along Main Street, and provide easy access to retail businesses. Turfplanting extends five feet inside of the property line. /\.. \vater feature on site 'Nill dra\': visitors into the project and provide a major focus. A wide ra:nge oflandscape features such as seanvall rings and accent pots with topiary trees will animate the street, all per the approved site plan. At the comer of Main Street and Owens Drive, a ring of accent paving and turf provide a base for a sculptural accent feature the feature occurs inside the property line and ac1rno\vledges the importance of this corner as a pedestrian access point. A allee of orchid trees leads pedestrians into the Central Court. 32 75A-372 Detailed right of '.vay impro'o'ement plans containing the above descripti'o'e scenario will be presented to the Public Works Agency for approval. That plan may be altered sul>ject to requirements of that Agency. Suggested minimum clements of this streetscape are as follows: (a) Street Tree i\recastruffi rosanzoffianum, Queen Palm, Size: 15' tall (brown trunk). Spacing: 30' on center. (b) Secondary Mall Tree Gleditsia triacanthos inermis "Skyline"; Honey Locust. Size: 18" Box Spacing: 30' on center. (c) Seatwall Rings 18" high x 20" wide, poured in place concrete. Tree: Gleditsia triacanthos inermis Skyline Honey Locust. Size: 18" Box Groundplane: .^....~J1ual color. Size: 4" pots. Spacing: 8" on center. (d) Bus Drop Off .'\rea Koelreuteria bipinnata, Chinese Flame ~ Size: 18" to 60" Box. Spacing: Informal. (c) Center Court Bauhinia variegata, Purple Orchard Tree. Size: 21" Box. Spacing: 1 0' on center, planted in raised seat planters. (f) Accent Pots/Small Topiary Troe Syzygium paniculatum, Brush Cherry. Size: 21" Box. Spacing: 24' on center, planted in pots in a formal row. 33 75A-373 Cg) Turf: Marathon Fescue II Fescue blend. Size: Sodded Ch) Landscaped Berm Marathon Fescue II Fescue blend. Size: Seeded. Note: ..\rchitectural berm (less than 3') to screen any interim parking. 2. O\vens Drive Phase 1. The Owens Drive setback area in Phase I will be landscaped in a formal row of street trees planted in three foot square planters with approved root barriers within the typical City of Santa f.na sidevlalk standards and a 10 foot parkway for the portion of street fronta.ge between Main Street and the Hotel site. From the Hotel site eash'lard to Lawson 'Nay the spacing of trees v:ill be informally spaced to accentuate the park like spacing found in the adjacent medians and Santiago Park streetscape. The installed street trees will remain planted '.vhere there will be no circulation conflicts with future phasing. ..^~ large sculptural ground coyer berm planted \vith a formal row of alternating perimeter trees will screen the required on grade parking lot. Turf and groundcover areas expand significantly at the residential area. Easy pedestrian access is provided along the street, and buffered from adjacent vehicles. Service entrances and utilities are screened from view '.vith buffer planting. Suggested minimum elements of this streetscape area as follovls: Ca) Street Tree: Platanus acerfolia London Plane Tree. Size: 24" Box. Spacing: 35' on center spacing when not pre'lented by traffic sitelines, BCR and ECR setbacks, light standard and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, water, seYller, etc. Cb) Perimeter Tree: Gladitsia triacanthos inermis Skyline Honey Locust. Size: 36" Box. 34 75A-374 Spacing: 30' on center. (c) Parking Lot Tree: Brachychiton populneus Bottle Tree. Size: 24" Box. Spacing: One tree every four to five parking lot spaces. (d) Landscaped Berm: Hypericum calycinum Aaron's Beard. Size: Flats. Spacing: 8" on center, triangular spaced. Note: Architectural berm (less than 3') to screen any interim parking. (e) Front yard Tree: Bauhinia variegata Purple Orchard Tree. Size: 24" Box. Spacing: IS' on center. (n Groundcover: Myaporum parvafolium Drought tolerant 'lariety. Size: Flats. Spacing: 12" on center, triangular spaced. (G) Turf: Marathon Fescue II Fescue blend. Size: Sodded. The landscape treatment for de'lelopment categories 3 to 9 .......ill be the same application for Phase I and Phase II. 2a. Owens Dri','e Phase II The Owens Drive streetscape area will be landscaped with 15 feet of turf adjacent to the curb (five feet inside ofthe property line) and an additional 11 feet of accent paving adjacent to reta.il building frontage. Traditional full width side\valks are required in all areas not adjacent to retail area. Turf and groundcover areas expand significantly at the residential area. Easy pedestrian access is pro','ided along the street, and buffered from adj acent vehicles. Service entrances and utilities are screened from view with buffer planting, per the approved site plan. The street setback of the project along Ov,'ens Drive adjacent to Santiago Park shall be 35 75A-375 designed to match plant material and design concepts of Santiago P-aFlt- .^~ detailed specific plan containing the above descriptive scenario will be presented to the Public \V orks Agency for approval. That plan may be altered subject to requirements ofthat ..^~gency. Suggested minimum elements of this streetscape area are as follo....,'s: (a) Street Tree: Platanus Acerf{)lia London Plane Tree. Except at retail Size: 24" Box. Spacing: 35' on center '..",hen not prevented by traffic site lines, BCR and ECR setbacks, light standard and fire hydrant clearances or underground utility lines, i.e. lighting, gas, electrical, '..vater, se'.ver, etc. (b) Secondary Mall Tree Gleditsia triacanthos "Skyline", Honey Locust; size: 18" box @ 30' 0" on center in formal rew,. (c) Screen Tree Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 24" box @ not less than 12' 0" on center spacing informal arrangement. (d) Front yard Tree Bauhinia ','ariegata, Purple Orchard Tree; size: 21" box @ 12' 0" on center diagonal spacing. ( e) Garage Vent Screening (a dense vertical hedge screening and buffering garage vents from the public): Syzgium paniculatum, Bush Cherry, size: 15 gal. @ 15' 0" on center planted in a formal hedge ro'..v. (f) Groundco'ler myaporum paryafolium drought tolerant yanety, flats @ l' on center spacing, triangular spacing. (g) Turf Types Marathon II, Fescue blend sodded; shall be consistent throughout project. 3. O....,'ens Dri','e and Lawson '.'1 a',' Intersection. Suggested minimum clement ofthis streetscape are as follo'..vs: 36 75A-376 (a) Street Tree Platanus acerfolia, London Plane Tree; size: 2 4" box @ 35' 0" on center spacing in a formal row. (b) Secondary Tree Schinus molls, California Pepper; size: 21" box @ 20' 0" to 10' 0" on center informal spacing. (c) Sh.'"Ub Types Bougain':illea 'Raspberry Ice', size. 5 gal. informal spacing. Ceanothus' ,Julia Phelps', size: 5 gal., informal spacing. Myoporum 'Pacificum', size: 5 gal., informal spacing. (d) Turf: Marathon Fescl:le II Fescue blend sodded 1. Lawson 'Nay. Suggested minimum elements of the streetscape are as follows: (a) Street Tree Melaleuca leucodendron quinquenervia, Cajeput Tree; size: 21" box @ 30' 0" on center, planted in a formal ro'.v. (b) Front Yard Tree Bauhinia yariegata, Purple Orchard Tree; size: 21" box @ 12' 0" on center diagonal spacing. (c) Residential'^JTival Court LagefStroemia indica (multi stem), Crape Myrtle; size: 21" box @ 15' 0" triangular spacing, informal. (d) Turf Types Marathon II, Fescue blend sodded. Shall be consistent throughout project. B. Main Street .\nd O'.vens Drive Planted Medians. 1. Main Street. (a) Street Tree Pinus canariensis, Canary Island Pine, size: 24" box @ 35' 0" on center spacing. (b) Turf Types Marathon Fescue II, sodded, with berm shall be consistent throughout project. 2. Ov:ens Drive. (1) Street Tree Platanus Acerfolia, London Plane Tree, size: 21" box number spa.cing and arrangement as specified. 37 75A-377 (2) Turf Types Marathon Fescue II, sodded. Turf blend to match ';>lith existing turf. C. Residential.\reas. 1. Recreation .\reas. (a) Trees Eucalyptus sideroxylon "Rosea", Red Ironbark; size: 24" 60": box, 15' 0" to 20' 0", informal spacmg. Brachychiton populneus, size: 24" 60" box, 15' 0" to 25' 0", informal spacing. Schinus terebinthifolius, Brazillian Pepper, size: 24"-60" box, 15'-0" to 35'-0", informal spacing. (b ) .^~ccent Trees .\rchontophoenix c)nninghamiana, King Palm; size: 20' 0", brown trunk, 12' 0" to 20' 0", informal spacmg. Vlashingtonia filifera, California Fan Palm, size: 20' 0", brown trunk, 12' 0" to 20' 0", infDrmal spacmg. (c) Barbecue kiosk/recreation building 20'x20' square. (d) Pool and Spa 25'x50' pool and 10' diameter spa. Formal character. 2. Interior Common Open Space. (a) Interior VlalkTree (i) Tristania conferta, Brisbane Box; size: 36" box, 25' 0" on center spacing; (ii) Heteromeles arbutifolis, size: 36" box, 25' 0" on center spacing. (b) Turf Types Marathon Fescue II, Fescue blend seeded. Shall be consistent throughout project. ( c) ViFle Pockets all three story \vall, hebertia scandens or antignon leptopus, 15 gal., 15' 0" on center. 38 75A-378 (d) Groundcovers drought tolerant ','ariety, flats @ 1" on center, triangular spacing. (e) Accent Paving At base of building at pool areas, path system, auto courts and arrival court. Sa,;,: cut concrete with integral color. (f) Stream Water Feature informal character, linking pool area with hotel porte cochere. Multiple accent planting. (g) Lattice Trash Enclosure (Phase I only) vine covered trellis structure. Bougainvillea 'San Diego Red', 15 gal. @ 15' 0" on center spacing. 'Visteria sinensis, Chinese ''listeria; size: 15 gal. @ 15' 0" on center spacing. (h) Residential Internal Road Grewia cafra, 15 gallon, espallier Liriope spicata, 4" pots Heteromeles arbutifolia or lagerstroemia indica, 15 gallon. 3. Pri'late Open Space: (a) Patio Tree Heteromeles arbutifolis or Rapheolepis Indica tree form cultivar, size: 21" box, informal spacing. D. Concourse Drive. 1. Street Tree 'Nashington filifera, California Fan Palm; size: 25' 0", bro.....n trunk @ 30' 0" on center spacing, planted in a formal arrangement. 2. Ornamental Street Lighting size. 20' 0" high @ 30' 0" triangular spacing ",,"ith plan trees. 3. Ornamental Pots planted \vith annual color. Pot to match size furnishing selection. Flats @ 1" on center spacing. 4. Garage Vent Screening (a dense 'lertical hedge screening and buffering underground garage vents from the public): Syzygium paniculatum, Bush Cherry, size: 15 gal. @ 3' 0" on center, planted in a formal hedge rO';'I. 39 75A-379 5. .^~ccent Paying through interior street. Saw cut concrete, vlith integral color. E. Pedestrian Oriented Public Plaza. 1. Formal arrangement in tree grates. Palm Bosquet \Vashingtonia filifera, California Fan Palms, size: 25' 0", brown trunk, 20' 0" on center spacing. 2. Central Fountain formal circular ',vater feature '.'lith vertical spray jet& 3. f~ccent Paving saw cut concrete, integral eolor, throughout forecourt area, exe1usi'le of public rights of '.vay or required easements. F. Hotel Entry Court. 1. Street Tree \Vashingtonia filifera, California Fan Palms, size: 25' 0", brov,ll trunk, 35' 0, on eenter, planted in formal arrangements in tree grates. 2. Entry Drivc Tree Jacaranda mimosifDlia, Jacaranda; size: 60' box planted in formal arrangement. 3. Ornamental Pots planted with annual eolor. 4. Turf Types Marathon II, Fescue blend sodded; shall be consistent throughout projcct. 5. .^~ccent Paying throughout sa'>'l cut concrete, integral color. G. Parking Structure Screen. Landscaping shall be used to soften visual impact of all parking structures. The use of 'lines is encouraged. 1. Screen Trces: (a) Eucalyptus Citriodora, lemon scented gum, sizc: 36" box, 15' 0" on center spacing, informal spacing. (b) Podocarpus macrophyllus, Ye'..\' Pine, size: 36" box, 15' 0" on center spacing, formal arrangement in a ro''v. 40 75A-380 2. Screen sh.-ubs at groundplane. Syzygium paniculatum, Bush Cherry; size: 15 gal. @ 15' 0" on center spacing. 3. Ornamental groundcovers. Drought tolerant groundcovers, flats 4" on center, triangular spacing. 4. Vines: Suggested types: Parthcnocisns Tricuspidata, size: 15 gal. @ 15' 0" on center spacing; Bouganvilla species, size: 15 gal. @ 15'0" on center spacing; Ficus Pumila, size: 15 gal. @ 15'0" on center spacing; .\ntigonon Ceptopus, 15 gal at 15 ft. O.c.. A.H: Temporary Landscape Adjacent To Undeveloped Parcels. Areas ofthe site not developed in the initial phase shallmav be developed as surface parking and if so developed shall comply with the following standards. A temporary landscape will be installed in all undeveloped areas. 1. Setbaek Areas - Will be fully planted with turf, trees and ornamental groundcover. 2. Parking Areas - Trees equal in number to one (1) per each ten (10) parking stalls, size: minimum 15 gallon. (These trees shall be arranged in eight and one-half (8-1/2) feet by eighteen (18) feet minimum planting bays surrounded by 6" high curb). 3. Berm - Architectural berm of sufficient height (but no greater than 3 feet) to screen surface parking lots shall be installed along Main Street and Owens Drive. Berm will be fully landscaped, and the size, number and type of planting shall be in accordanee with the City's commercial development standards. Turf areas shall not exceed four to one slope. 4. Canopy Trees - Planted informally will supplement streetscape plantings. Size: minimum 24" box. Species to be determined. The size, number and spacing shall be in accordance with the City's commercial development standards. 5. Turf Types - Shall be consistent throughout project (Marathon II) 6. Shrubs - Shall be used for screening of parking areas and for special effects at building entries. 7. Special Sculptural Features - Will accent undeveloped parcels, prior to project buildout. 41 75A-381 B.h General Notes. 1. All landscaping shall be maintained in a healthy and attractive condition. Maintenance should be carried out in accordance with established horticulture practices. Irrigation problems must be resolved promptly to assure plant survival. Prior to planting soil must be property prepared to assure plant survival. 2. Textured concrete paving in the short term parking '.vill be sealed for ease of maintenance and proteetion from vehicle oil leaks. 3. Planter areas in the slab over underground parking '.vill be sealed for water proofing '.vith asphalt coating and a liner. l:.~ No use of Queen Palms for the project interior areas. 4.~. No electrical, mechanical or plumbing apparatus shall be located in required setback areas. 6. Vine pockets and/or fenestration shall be provided at all three story walls of single family attached housing to minimize the blank garage walls. 5.1. Alllandseaped areas shall be irrigated using an automatic irrigation system. A schematic irrigation system employing pop- up type sprinkler heads, backflow preventer, automatic time clock, and where applicable, a quick eoupler adjacent to all trash enclosures shall be provided. 6.&. On site trees will be spaced in coordination with required existing parkway trees. 7.9. The development will provide double-staking for all newly planted trees (on and off site). 8.14. Only low shrubs and/or ground cover shall be planted in landscape areas used for parking overhang. 9.-1+. Planting and landscape walls shall be used to screen all appurtenances, such as transformers, meters, trash enclosures, air eonditioning units, etc. 1Q,.R. Phasing oflandscape implementation shall be eompatible with the eonstruction schedule for the entire project, as per the approved site plan. 42 75A-382 l1.H. All fountains and water features throughout the project shall be plumbed for non-potable "gray water" for conversion when such water is available. .ll.+4. A xeriphytic landscaping materials and irrigation design shall be used for this project. In addition, the plant palette along the southerly edge of the proiect shall mirror be compatible with that of Santiago Park, where the park is adjaeent to the projeet. 43 75A-383 PART V1. SIGNAGE A. Intent. Every sign in the Main Street Concourse Citv Place project will be part of a planned sign program which will be submitted for .Eplanning department Division review and approval in accordance with the criteria set forth in this Plan and SAMC Divisions 3 and 4 of Ordinance No. NS 2116 (Seetions 11 880 through 11 894 of the Code adopted March 18, 1991). The purpose of this section is to set forth permitted sign types and provide minimum standards for signs within the Main Street Concourse City Place Specific Development Plan. Consequently, this document identifies and specifies those design criteria for the planned sign program which are different than those set forth in the Code. In considering the planned sign program, the provisions of the Plan shall control. The Main Street Concourse Citv Place project is envisioned as a superior quality urban-style mixed-use complex, and architecturally spectacular em commercially restrained. Environmental graphic design will be innovative and attractive but never excessive. Tenant identification on the perimeter of the project (i.e. external signage) will be held to a practical minimum. However, it is critical that the internal signage, particularly the signage along the Concourse, be compatible with the kind of exciting dynamic environment which is intended to be created. For the purposes of this Plan, the "interior" of the Main Street Concourse project is depicted on Exhibit B attached hereto, and incorporated herein. B. Sign Message Categories. The project sign program shall address the following categories of information: . Project and major facilities identification at site entries . Tenant identification signage . Regulatory vehicular signage . Directional vehicular signage . Street identification . Informational pedestrian signage . Directional pedestrian signage . Building identification signage . Site directories and orientation maps . Service signage . Parking level and area identification signage . Visitor directional and informational sign age . Building address signage . Building/site directories 44 75A-384 . Elevator identification and fire/life safety . Office tenant identifieation signage . Typieal door identification signage . Restroom and telephone identification signage . Operation information signage . Electronic cinema marquee . Loading dock information . Loading doek numbers . Bus and taxi identification . Bus and taxi loading and unloading information . Construction barricade . Fixed Guidev,'ay signage (future) C. Physical Sign Types. Physical classification of projeet signage will be by the following categories: 1. Freestanding signs. 2. Wall/canopy signs. 3. Projecting signs. 4. Marquee signs (Theater Onlv). 5. Under canopy/window/hanging signs. 6. Major building identification. D. General Criteria. The following design guidelines generally address the design criteria for the sign program. 1. Color and typography of signs will be evaluated on the basis of aesthetics and legibility rather than conformance to strict criteria. 2. Intermittent lights, bare bulbs, neon, illusions of motion, or other mechanical movement are aeceptable only within the interior of the project. Such signage could be used with respeet to the theatre, health club, or restaurants. Such signs shall not be visible from the perimeter public right-of-way or the residential development in the project. 3. Well designed pageantry systems consisting of flags and banners, festoons, flag canopies and related displays will be permitted on the interior ofthe Main Street Concourse Citv Place project, provided they are consistent with the overall design of the signage plan, and do not create a safety hazard and do not adversely affect adjacent land uses. 45 75A-385 4. The sign program shall acknowledge approval of carefully worded parking garage signage and on-site eirculation directional signage for Phase I and Phase II per the EIR and the .^~pco parking study. E. Criteria For Individual Sign Types-;- will be determined bv the approved sign program. Shall confonn to size limitations as outlined in SAl\tlCI 1. Freestanding Signs Freestanding signs shall conform to SAMC requirements. a. Exterior to the Project. The project may incorporate a maximum of seven freestanding double faced signs which are visible from the exterior of the project, '..'lith five signs having a maximum sign face of 60 square feet and a maximum height of 15 feet. There may be a total ofh'lo freestanding signs measuring no more than 30 feet high with a 120 square foot face which are ','isible from the exterior of the project. .^.. free standing sign for each related address, sueh that the project address shall be located on a sign .....thich ean be easily seen from the street. Such freestanding signs need not be placed in planters but may be loeated along or across a public or private street. b. Interior to the Project. 1. Within the interior of the proj ect, there may be six freestanding signs. Such signs may be for individual tenants, project identification or directions. Interior freestanding signs shall not exceed 7 feet high and 15 sq. ft. maximum sign area. Signs located in the interior shall only be oriented for vic'.ving from the interior. 2. Wall/Canopy Signs. a. 'Vall signs interior to the projeet may be placed higher than the second floor on an area '..vhere there are three stories of retail and the third story of retail space has a separate third floor access. a.IT. All signs need not replicate a specified shape, design or materials. Diversity will be allowed, provided that the signs relate to each other well even though they are configured differently. Signs '.vithin the interior of the 46 75A-386 project which use mirrors reflecting a direct light source or utilize flashing, blinking or sequence lights may be used provided they do not visually predominate from the exterior of the project so as to ere ate a safety hazard, or so as to ad'lersely affect adjacent land uses. 3. Projecting Signs. a. Within the interior portions of the project, such as along the Concourse, one projecting sign per pedestrian level tenant may be provided. b. The project may provide any number of such signs with mixed types so long as the style of the signs area aesthetically compatible. Projeeting signs shall be located no closer than 15 feet from one another. Projecting signs may be located on all stories of retail uses in the project. c. The sign face of each projecting sign shall be compatible with the scale of the space being identified. d. External to the project there may be one major projecting entrance sign for each side of a pedestrian or vehicular entrance. Each such proj ecting entrance sign may not exceed 24 feet in vcrtieal dimension. 4. Marquee Signs. The cineplex theater may have a major marquee sign at the cincplex theater entranee. The marquee sign may be large enough to accommodate the informational requirements of the uses being identified, aOO may employ changeable copy and appropriately sized based on unit and frontage. 5. Signs Under Canopies And Marquees. The area of any sign under a canopy or marquee shall not exceed 24 square feet Santa Ana Municipal Code. Such signs shall meet all minimum Building Code height clearances. 6. Major Building Identifieation Signs. Major building identification signs need not be located at the top story of a building, but should be limited to the top five stories. 'Nith respect to letter height, for structures '..vi thin the Main Street Concourse Plan area with fifteen or more floors, the letters used for 47 75A-387 major building identification signs '.vill be calculated at 4 inches per floor over 18 floors plus a base allo'llance of 12 inches. Thus, for the planned 32 story office structure, the height ofthe letter permitted will be approximately 110 inches. Signs shall not exceed 40% of the v.idth of the signable area. Major building identification signs shall not be permitted on residential buildings. There shall be a maximum of one sign per ele','ation and four signs per building maximum. 6.+-: Temporary Identification Signs. a. Per Santa Ana Municipal Code Sale or Lease Sign: One sign per street not to exceed eighty (80) square feet in area advertising the sale, lease, or hire of the site '.vill be allov:ed. The sign may be illuminated. The sign may not exceed 16 f~et in height. b. Per Santa Ana Municipal Code Construction Sign: One sign not to exceed eighty (80) square feet in area denoting the architects, engineers, contractor, brokers, designers and other related subjects will be allowed at commencement of construction. Said sign will be removed \vithin thirty (30) days after issuance of an occupancy permit for the building. The sign may be illuminated. The sign shall not exceed 20 feet in height. c. Per Santa Ana Municipal Code Temporary Future Tenant Sign: One sign allo'..ving the identification of future tenants will be allowed. Such signs shall not exceed hventy (20) square feet in area. 7.&-: Submission Of Main Street Concourse City Place Plan Signing Design Program. Project applicant shall submit a planned project sign program for review by the Planning Department Division in accordanee with the standard J}flanning department Division procedures and this Plan. The following Code provisions have been identified as being incompatible with the overall goals and objectives of the Main Street Concourse Plan and therefore these Code sections shall not be applicable to the sign program for the Main Street Concourse. The relevant Code sections are: *Section 11 860(a) (3) (prohibits moying signs); 41 861(2) (prohibits flags and banners); 11 862(a)(1) (limits size of freestanding signs); 48 75A-388 41 862(b )(2) (signage must be in a planter); 41 862(b) (1) (limits signs nearresidential uses); 41 862(b)(5) (spacing limits on freestanding signs); 41 862(c) (2) (height limits); 41 862( c) (3) (limits site to one freestanding sign); *41 862( d)( 1) (no mirrors or flashing, blinking, sequenced lights); 11 862(d)(5) (limits location ofproject address); *11 863(d) (1) (1) (limits on location of wall or eanopy signs); 41 863(e) (1) (all signs consistent in shape, type and materials); 41 863(e) (1) (no mirrors or flashing, blinking or sequenced lights); 41 864(a) (limit projecting signs); 41 861(b) (2) (no projecting sign may be \vithin 50 feet of another); 11 864(b) (3) (no projecting sign higher than ground level); 11 861(c) (2) (face ofprojecting sign shall not exceed 25 sq. ft.); 41 861(c) (4) (face ofprojecting sign must be less than 4 feet from walBt 11 861(c) (5) (face of projecting sign must be less than 7 yertical fee$ 41 864(d) (1) (sign copy may not exceed 50% of sign face); *41 861(d) (3) (no blinking, flashing, unshielded or sequenced lights); 41 865(b) (limits on sign face and copy area of marquee signs); 41 865(c) (limits on dimensions for marquee signs); 41 866(d) (limits signs under canopy or marquee to 1 sq. ft.); 41 866(e) (limits letters on signs under eanopy or marquce to 8 inches); 41 867( d) (requires building identification signs to be on top story); 41 867( e) (letter hcight limits for building identification signs); 41 868(0.) (3) (sign face limits for residential identification signs); 11 868(0.) (4) (height for residential identification sign Caf'..not exceed 6 feet); 41 868(a) (5) (width for residential identification sign cannot exceed 8 feet); 41 868(b) (limits on directory type signs); *41 872(a) (limits on directional signs); and 41 872(e) (limits on construction signs). An "*" denotes regulations 'Nhich are applicable only to the exterior ofthe proj ect. 49 75A-389 PART VI1. LIGHTING Street lighting can be used to help unify the Main Street Concourse City Place and add to the "festive" atmosphere being sought. On-site parking lot and building light fixtures may vary from one sub-area to the next but illumination levels shall remain consistent and not compete with street lighting and signage. Appropriate special lighting effects that will be compatible with the overall design eoncept are encouraged. Street lighting and parking lot parking contribute to the safety and seeurity of the project. Unique lighting fixtures may provide easy identification ofthe project for motorists. Lighting potentially visible from adjacent property shall be subdued and incorporate cut-off shields or be oriented to the interior of the project. Lighting shall not interfere with vehicular traffic. A. Street LightinglExterior To The Project. (Publie Right-of-Way) 1. All street lighting along Main Street, O'..vens Memorv Lane and Lawson shall be of singular design placed at regular intervals, mounted atop concrete or metal standard and installed per City specifieations as required. 2. Light standards, poles, and ballards shall be of common design with durable finishes and materials to ereate unity along the project perimeter, in aceordance with the City's commereial development standards. B. On-Site Parking Lot, Pedestrian Lighting, Concourse Drive. 1. Pedestrian scale lighting should illuminate entry ways, courtyards, parking lots and other such areas. 2. Lighting should be used to enhance landscaping and reinforced architecture, with dramatic up lighting or wall shadow effects with plant materials encouraged. 3. Parking lot light fixtures and bollards shall be consistent in styling with the design theme proposed for that sub-area of the project. 4. The use of neon and other speeialized lighting effects that would reinforce the attractiveness of the project to pedestrian traffic and ineorporate the design theme of the projeet may be used. 5. The use of white or clear string lighting in trees around outdoor pedestrian areas may be used. 50 75A-390 6. Washing large wall areas with light to create shadows from landscape materials may be used. 7. Lighting along the Concourse Drive shall be carried out as part of the unified scheme to help create festive recreational atmosphere. C. On-Site Building Lighting. 1. Service area lighting for large uses shall be contained within service yard boundaries with light sources concealed. 2. Building illumination and architectural lighting will be creative and reinforce the design theme. Indirect wall lighting or "raw wall washing" overhead downlighting, will be utilized throughout the commereial development. 3. In residential areas, warm simple lighting will be employed. These components could include uplighting of building entrances and courtyard trees, subtle soft lighting effects, washing of walls with light from concealed ground sourees. 4. In residential areas the use of specialized lighting effects such as neon and internally illuminated signs shall be avoided as shall any blinding, bright or flashy effeets. 5. Lighting shall not cast any glare onto adjaeent lots and streets outside the perimeters of the Main Street Concourse Citv Place project in such a manner as to decrease the safety of pedestrian and vehicular movement. 6. Arehitecturallighting should be used to articulate the particular building design. D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana Municipal Code and approved bv the Police Department. Classification Minimum Maintained Horiz. F.C. at Ground Min. .^~yg. Vert, F.C. 'Nalk\vays Adjacent to Roadways 1.0 F.e. 2.2 F.e. @ 51 75A-391 Intermediate .\reas Residential .\reas VI alk\va)'s Distant to Roadways Open Facility (Parking Lot) Coyered Facility (Parking Structure) Ramp and Corners EFJ:tranee <\reas 0.6F.C. 1.0 F.C. 1.0 F.C. 1.0 F.e. 1:1 5.0F.C. (daytime) (sum of electric + daylight) 1: 1 5.0F.C. (nighttime) 10.0 F.C. (daytime) 50.0 F.C. (daytime) 52 75A-392 &-feet 1.1 F.C. @ 5 feet 0.5 F.C. @ 8 feet 0.5F.C. 1. The minimum to average uniformity ratio of illuminance levels on non residential pathways should not exceed 5: 1. In residential areas, a ratio of 10: 1 is acceptable. 2. :\11 enclosed corridors shall be illuminated to a minimum one (1) footcandle of light. 3. Lighting designs fDr each phase of development including Photometric footcandle calculations of all parking lots and '.valkvlays shall be revie'i'ted by the Police Department of the City of Santa Ana for consistency with this Pla:n. 1. The use 0[10',,/ pressure sodium as a lighting source is prohibited. 53 75A-393 PART VIII. OPERATIONAL STANDARDS 1. Unless herein permitted to the contrary, all commercial activity shall be conducted within a building. 2. All activity on the site shall be designed, built, operated, and verified in compliance with the mitigation monitoring program of the certified final Environmental Impact Report for this project. 3. Should special assessment, Mello Roos, or other financing be utilized, written disclosure of such financing shall be disclosed in writing to all purchasers and lessees within the project. 4. The following stud.i.1-es shall be reviewed, approved and from time to time modified and approved by the City shall be implemented and maintained throughout the project: Trash operations plan Security plan Shared parking analysis Parking operations plan 5. All residential units within the project shall be built, subdivided and sold for individual ownership. 6. All trash consolidation areas within the project including residential shall be maintained and operated for the recycling of solid waste materials to the satisfaction of the Public Works Agency. 7. The trash pick-up operational plan (letter agreement with the City) shall be incorporated into the CC&R's of the project. In addition, funding for private cart pick up oftrash from the individual townhouses to a central point shall be established prior to building occupancy. 8. All circulation and parking operational procedures for the entire project including but not limited to the bollards, security gates, loading zones, reverse traffic lanes, parking management, 3falet and trash piek-up shall be maintained by the projeet management and included by reference in the CC&R's. 9. The CC&R's shall include provisions to prohibit the construction of walls in the townhouse feaF two car garage that will disrupt the ability to park resident and guest vehicles in all four both spaces. 10. The CC&R's shall prohibit recreational vehicle parking or storage on-site. 54 75A-394 11. The CC&R's shall contain provisions to preclude exposed television, ham radio, dish, or other antenna and mechanical equipment. 12. The proposed non residential parking requirement relief shall not be greater than proportional to phase size no more than a 20% maximum reduction and subject to eonditions of a parking reduction variance. Prior to Phase II, the parking requirement may be reexamined at the de'lelopers option. The parking requirement as determined through a parking demand study of occl:lpied Phase I, may be readjust (up or down) by the Planning Commission as a condition of Phase II building permit. 55 75A-395 P.\RT L"X.. CONCEPTU.^~L PL^~N APPROVAL The city hereby approves these certain conceptual site plans for Main Street Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's Site Plan Re'.'iew process and illustrated on Exhibit C 1 and C 2 attached hereto (hereinafter the "Conceptual Plan"). f~pproval(s) of non material amendments or modifications to the Conceptual Plan or any final Plans appro'led by the City may be made by the City of Santa .^ula Directors of Public 'Norks and Planning. The Owner shall have the right to appeal any adverse decision, first to the Planning Commission and then, if necessary, to the city Council. A "non material" change shall be a minor site plan alteration in harmony '..vith this Plan and any de'lelopment agreement which may then affect the property. The Conceptual Plan assumes the eventual acquisition by the developer of the Main Street Concourse project of the Polly's Pie site at the corner of Main and Owens. Consequently: No building permit shall issue for any development of the subject property until one of the follo'.ving conditions has been satisfied: (1) The developer ofthe Main Street Concourse Project shall have acquired the Polly's Pies site. (2) The developer of the Main Street Concourse Project shall haye entered into an agreement '.'lith the Community Redevelopment .^.gency of the City of Santa .'\na whereby the de','eloper agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Ageney, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession ofthat site pursuant to an action in eminent domain. (3) The developer of the Main Street Concourse Project shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentative subdi'lision map which does not include the Polly's Pies site, and (b) a de'..'elopment plan for the Main Street Concourse Project, in accordance '..'lith the zoning regulations applicable to the SD district, v.hich assumes the non acquisition of the Polly's Pies site by the developer. All Phase II improvements shall be submitted to Site Plan Revievl and the Planning Commission for review and approval in conformance v..'ith this Specific Development and any Development Agreement, tract map conditions, conditional use permit or 'lariance applicable to this site. 56 75A-396 .\11 material amendments or modifications to the conceptual plan shall be revie'.ved and approved by the Planning Commission. 57 75A-397 ORDINANCE NO. NS-2677 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, 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 December 13, 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 City Place 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 February 7, 2005, 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. After closing the public hearing, the Council adopted a motion continuing the matter to its February 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (town homes and live-work units) as shown on lots 2,3 and 5 of Vesting Tentative Tract Map No. 16565. Ordinance No. NS-2677 Page 1 of 3 75A-398 b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. SECTION 2: The 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 authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. In case of any dispute between the terms or effect of Tentative Tract Map No. 2004-06 and the terms or effect of the Development Agreement, the Development Agreement shall prevail. SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS-2676, Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If said ordinance and resolutions are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2677 Page 2 of 3 75A-399 ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers 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-2677 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-2677 Page 3 of 3 75A-400 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE S 6103 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and MAIN STREET CONCOURSE, LLC Dated: February 14,2005 EXHIBIT 1 75A-401 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company ("Owner" or "Property Owner"). 1. RECITALS. This Agreement is entered into with reference to the following facts: 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93-0385606 with the Recorder's Office of the County of Orange (the "Original Agreement"). (1) The purpose of the Original Agreement was to facilitate the development of the mixed-use project contemplated by the City's Specific Design Zoning Designation SO-59 (SO-59), Vesting Tentative Map No. 14408 and EIR No. 93-_. (2) Orient's interest was subsequently acquired by Owner, who has applied to the City for approvals of a modified project, including an amendment to SO-59 and a new vesting tentative map. (3) The City and Owner agree that the changes Owner seeks in the Original Agreement substantiate the need to amend and restate the Original Agreement. 1.2 Code Authorization. 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 the City and Owner in the development process. The City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) the time of development. This Agreement is intended to assure adequate public facilities at (2) This Agreement is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS-2676. 1 75A-402 (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific Development District No. 59. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process:, as further provided in this Agreement. (5) This Agreement will allow the City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to the City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner 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. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in the City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property is approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is vacant: 1.3 Approval of Owner. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On October 25,2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. This public hearing was duly held, all public testimony was attended to, and consideration of this matter continued by the Planning Commission to its regular meeting of December 13,2004, on which date the Planning Commission recommended to the City Council of the City that it execute this Agreement. On February 7, 2005, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. Following this public hearing, the matter was continued the Council's next regular meeting, on February 22, 2005, in order to make certain changes to this Agreement, SO-59 and Vesting Tentative Map No. 14408, to all of which the Owner voluntarily agreed. 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Planes) as well as all other applicable ordinances, plans, policies and regulations of the City. 2 75A-403 1.6 City Ordinance. On March 3, 2005, the Council adopted Ordinance No. NS-2677 approving this Agreement. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the Agreement, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Map" means Tentative Tract Map No.2004-06 , approved concurrently with this Agreement. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Property, and includes Main Street Concourse, LLC's successors in interest. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in SD-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental Impact Report No. 2004-01, and Site Plan Review No. 2004-05. 2.5 Public Art Locational Plan means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the location of the Public Art required by this Agreement, and is subject to refinement at the time of installation, by Agreement of the Owner and the Executive Director. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit ne~ignHtion ne~cription Referred to in Section A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Public Art Locational Plan 2.5 D Phasing Plan 5.1.1 E Remaining Offsite Mitigation Measures 3 5.1.2 75A-404 F Residential High Rise Tower Study Area 5.4 4 75A-405 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This Agreement amends, restates and supersedes the Original Agreement in its entirety. 4.2 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.3 Effective Date; Duration of Agreement. The "Effective Date" of this Development Agreement shall be the date that the City Council ordinance adopting this Development Agreement becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-2676 (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures or unless its effective date is stayed by order of a court with jurisdiction. The remaining term of this Agreement shall extend for the same period as specified in the Original Agreement, unless this Agreement is earlier terminated or its term modified by further agreement fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall remain in full force and effect. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of the Map, including any lot line adjustment or merger of lots (or any other tentative map filed subsequent to the Effective Date of this Agreement), shall not expire during the term of this Development Agreement remains in effect. (c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original or any modified term, the Property is in the process of being developed, the term of this Development Agreement shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. (d) The expiration of this Development Agreement shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this Development Agreement, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law. (e) Upon the expiration or termination of this Development Agreement for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4.4 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that except as provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not 5 75A-406 be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment ofthe rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for ownership, investment, use or development by them in accordance with the provisions of this Agreement. 4.4.1 Assignment to Controlled Assignee. Notwithstanding the above, consent shall not be required in connection with a Permitted Transfer (as herein defined) of Property of Owner provided City Council is notified of such Permitted Transfer and furnished with copies of the fully executed instruments effectuating same within fifteen (15) business days after the effective date thereof. For purposes hereof, the capitalized terms used herein shall be defined as follows: (i) "Permitted Transfer" shall mean Transfer of the Property or direct or indirect interests in Owner if, following the transfer (a) the Property remains under the Legal Control (defined below) of Robert H. Bisno, or, upon the death of Robert H. Bisno, his heirs or devisees, or (b) foreclosure pursuant to the provisions of section 8.5 of this Agreement. (ii) "Legal Control" shall mean the power or authority, directly or indirectly through one or more intermediaries, through the ownership of voting securities, by contract or otherwise, to direct the management, activities or policies of such person or entity. (iii) "Transfer" shall mean any change in the direct or indirect members, partners, shareholders or principals in the ownership of an entity or other ownership components of such entity. 4.5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868; provided, however, that as specified in section 5.5.1 of this Agreement the Executive Director may approve one or more minor changes in the Project only to the extent that such changes are not required by State law or the City Municipal Code to be decided by the Zoning Administrator, Planning Commission (or other City Commission) or City Council. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 6 75A-407 4.6 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement except as may be provided in Section 6.3(5) of this Agreement. 4.7 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (I) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, other than a breach by the City of its obligations hereunder. Property Owner agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any third party claims arising out of this Agreement, or any approval or certification by the City relating to the Project. This hold harmless Agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement, The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, excluding fees and costs for special counsel to be selected by the City or other outside counselor consultants, if any, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.8 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.4 ofthis Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.9 Relationship of the Parties. The contractual relationship between the City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 7 75A-408 4.10 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile in the manner provided in this Section, to the following persons: If to the City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 If to Owner, to: Main Street Concourse, LLC c/o Transaction Companies 1800 Century Park East, Suite 450 Los Angeles, CA 90067-1518 Attn: Robert H. Bisno Telefacsimile (310) 277-3787 and, F. Thomas Muller, Esq. O'Melveny & Myers LLP 400 South Hope Street Los Angeles, California 90071 telefacsimile (213) 430-6407 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours 8 75A-409 after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use(s), density, height, size of structures and intensity of use of the Property, and provisions for reservation or dedication of land for public purposes and any other exactions or mitigation measures applicable to the Project shall be those rules, regulations, and policies applicable to the Property as of the Effective Date, including those set forth in District Plan No. 59, as amended concurrently herewith. 5.1.1 Phasing ofthe Project. The City agrees and acknowledges that the Project may be phased by Owner pursuant to the Phasing Plan attached to this Agreement as Exhibit D. 5.1.2. Reserved. 5.1.3 Remaining Off site Mitigation Measures. The parties acknowledge and agree that Owner's predecessor in interest under the Original Agreement, has constructed or caused to be constructed many of the offsite mitigation measures required by the Original Agreement, which mitigation measures were scaled to mitigate impacts from a substantially larger project than Owner's. Therefore, the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit E to this Agreement. 5.2 Exclusion from Existing Rules, Regulations and Policies, Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, the City retains the right to enact police power regulations on matters not covered by this Agreement, including without limitation ("Reserved Powers"): a. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (1) Existing taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; 9 75A-410 (3) Laws, including zoning code provIsions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Future, Proposed Residential, High Rise Towers. a. Without in any way affecting the rights vested pursuant to this Agreement, Owner shall meet and confer in good faith with the City on whether to construct a residential, for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this Agreement, in lieu of the single family residential development at the density of 1 unit per acre approved for such area concurrently herewith. The parties hereto acknowledge and agree that the City's discretionary review of any such proposal together with any approvals sought to develop any such tower on the Property shall be deemed to fall within the provisions of section 5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith investigation and consideration the Owner has not concluded by August I, 2005, that a high rise development is feasible, Owner may proceed with development as approved concurrently herewith. No fees, exactions, mitigation measures or dedications shall be required with respect to such area until development commenees thereon. b. In consideration of the above, and the extraordinary and significant benefits that Owner acknowledges and agrees that it has received in executing this Agreement, Owner voluntarily waives any claim, and holds harmless the City, its officers, agents and employees, from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement or the Project, other than a breach by the City of its obligations hereunder. Said waiver and hold harmless shall be in addition to that set forth in other provisions of this Agreement, including but not limited to section 4.7. 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by this Agreement subsequent to the effective date of this Agreement from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, material changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for discretionary land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely 10 75A-411 with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing between the parties. 5.5.1 Minor Changes. Upon application of Owner, the Executive Director may approve minor modifieations to the discretionary approvals vested pursuant to this Agreement, provided that such changes are consistent in scope and intention with such approvals. The Executive Director has the sole and absolute discretion to determine what constitutes a "minor modification." 5.6 Processing Fees. All fees and charges intended to cover the City's costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any exactions, project design features, conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Work of Public Art. In consideration for the extraordinary and significant benefits to the City set forth in this Section, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall include within the Project at one or more prime locations visible to the public from currently existing public right-of-way, one or more permanent works of public art (the "Public Art"). The Owner shall design and/or construct the facilities specified below prior to the corresponding triggering event specified in section 5.8.1 below. The Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public Art Locational Plan." 5.8.1 Work of Public Art. Facilities to He ronstmcted Trieeerine F,vent (F g I New I Ise or New Area) Prior to issuance of first Building Permit or four (4) years from the effective date of this Agreement, whichever comes first. I. Submit Final Design of Public Art. Final design must conform to Public Art Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use 11 75A-412 and Occupancy for any building, or five (5) years from the effective date of this Agreement, whichever comes first: With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building permit. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. 5.8.3 Cultural In-Lieu Fee. The parties acknowledge that the Original Agreement included the requirement that Owner construct a 125-fixed seat legitimate theater as part of a dual-purpose, "multiplex" motion picture theater complex Due to modifications to the Project from the Original Agreement to this Agreement, Owner agrees that in lieu of constructing said theater, it will pay the City a fee of$400,000.00 upon the issuance of the first building permit for the Project. The City agrees to use this fee toward the design and construction of a theater. 5.8.4. Park Requirements. a. Santiago Park Improvements. The Owner shall pay a special Santiago Park fee of $1.64 per square foot of net rentable or salable square feet of development as a condition of issuance of each building permit. The parties acknowledge and agree that this contribution is in addition to any tax or fee or dedication imposed by the City on new residential development. The City shall use said fees for deferred maintenance and capital improvements to Santiago Park. If not used or appropriated within five years after payment, this fee shall be returned to Owner, consistent with the provisions of and exceptions contained within the California Mitigation Fee Act, Government Code 9 66000 et seq. This fee shall be offset against the fee owed the City pursuant to section 5.8.4(b) of this Agreement (i.e., the amount in the "In- Lieu Park Fee" required of Owner shall be reduced by an amount equal to the special Santiago Park fee paid by Owner pursuant to this section). b. In-Lieu Park Fee. The Owner shall pay an "in lieu" fee at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34- 204 et seq. of the Santa Ana Municipal Code, as specified in the City's site plan review letter; provided, however that the fee may be increased yearly by the average rate of increase in land 12 75A-413 costs in the City of Santa Ana, as that increase is established by the annual change in the "Construction Cost Index-Los Angeles," published by Engineering News-Record, or substitute index chosen by the Executive Director should this index is discontinued. The fee shall be paid for each phase, as set forth in section 5.1.1 of this Agreement, prior to issuance of the first building permit for that phase, and shall be utilized by the City in the Quadrant ofthe City (as set forth in the City's Park A&D Fee program) in which the Project is located, with priority given to Santiago Park. 5.8.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) No more than four residents per live-work unit. (2) All residential and live-work units shall remain owner occupied and shall not allow rental of the entire unit. (3) Use Restriction for Live-Work Units. The live-work project must remain as a live-work community. The work component shall be limited to one of the allowable uses as specified in the Specific Development (SO-59) zoning district. (4) Repair of perimeter walls will be specified in the CC&R's in the event of damage. (5) The CC&R's shall provide notice to prospective owners ofthe urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g.., Main Place Regional Shopping Mall, and surrounding property zoned and/or devoted to commercial use), and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (6) The CC&R's shall reflect that ground floor space in the live-work units shall be restricted to work/retail activities. (7) The CC&R's shall reflect that balconies may not be used for storage. (8) Terms and Content: 1. CC&R's are to be in effect for 66 years. ii. Any proposed modifications to the foregoing provisions of the CC&R's will require approval by the Executive Director. 13 75A-414 5.9 Responsibility For Costs of Work QfPublic Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construetion, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 5.10 City to Receive Contract Documents. Owner shall furnish the City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.11 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.12 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property or the implementation or construction of a mitigation measure, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property or this Agreement. 5.13 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh Civil Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after the annual review set forth in Section 6.1 above, the City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon 14 75A-415 information known or made known to the City Council, the City Planning Commission and/or the City Executive Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Owner Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions (each, an "Owner Event of Default"): (I) If a material warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; or (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of this Agreement that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the material terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon an Owner Event of Default, the City through the Executive Director shall submit to Owner, a written notice of default, in the manner provided in Section 4.10, identifying with specificity the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure in any event not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said one hundred and twenty (120) day cure period or such extended period as provided herein, the City may terminate or amend this Agreement in accordance with the procedure adopted by the City. Failure or delay in giving notice of default- shall not constitute a waiver of any default, nor shall it change the time of default. 15 75A-416 (2) If after the cure period has elapsed, the Executive Director finds and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be entitled to appeal that finding and determination to the City Council by filing an appeal with the City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council shall act upon the finding and determination of the Executive Director within ninety (90) days after the filing of such appeal. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. (3) The City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (4) Non-performance shall not be excused because of a failure of a third person. (5) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (6) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (7) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this Agreement for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court ofthe County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other 16 75A-417 security device (or any number ofthem) securing financing with respect to the Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee ofa mortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this Agreement (I) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (x) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of Default promptly following its obtaining possession and; (y) said Mortgagee shall proceed diligently to obtain possession of the Property (including possession by receiver) (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of Default; and (b) In the case of an Owner Event of Default that is not susceptible to being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (subject to such delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of its rights or remedies with respect to any other Owner Event of Default during any period of 17 75A-418 such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder. Except as set forth herein, nothing contained herein shall require any Mortgagee to cure any Owner Event of Default. 8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in connection therewith as the Owner hereunder provided that such purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a judicial or nonjudicial foreclosure under any Pennitted Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such acquisition of the Owner's right, title and interest hereunder as described in the preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new agreement or amend this Agreement with such party, upon the written request therefor by such party given not later than one hundred twenty (120) days after such party's acquisition of the Owner's right, title and interest hereunder. Subject to the tenns of Section 8.4 above, such new agreement or amended Agreement shall be substantially the same in fonn and content to the provisions of this Agreement, except with respect to the parties thereto, and the elimination of any requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have priority equal to the priority of this Agreement. Upon execution and delivery of such new agreement or amended Agreement, the City shall cooperate with the new owner, at the sole expense of said new owner, in taking such action as may be necessary to cancel and discharge this Agreement and to remove Owner named herein from the Property. 8.6 Releases. The City agrees that upon written request of Property Owner and payment of all fees and perfonnance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, the City shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in fonn and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 18 75A-419 9. MISCELLANEOUS PROVISIONS, 9,1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. Ifthere is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement, including without limitation the Original Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of the City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section I of this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected 19 75A-420 governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. In addition, the provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 9.11 Arms Length Transaction. Each party represents and warrants to the other the following: it has carefully read this Agreement, and in signing this Agreement it does so with full knowledge of any rights which it may otherwise have, and it has freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party or its agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 9.12 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS-2677, authorizing such execution, and by Property Owner. Dated this 7th day of March, 2005. THE CITY OF SANTA ANA By DAVID N. REAM City Manager (signatures continued on next page) 20 75A-421 Approved as to Form: By (signatures continued from previous page) Joseph W. Fletcher City Attorney MAIN STREET CONCOURSE LLC, a California limited liability eompany By: Its Development M)lR1ger, BDC LLC, / / a CalifOrni~!jIlii~liability eompany /~ _ /' i -/ / By: / - - 0 / R9o'ert H. Bisno, Its Manager / ~ 21 75A-422 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT YRX"RX'RX'RX'RX'RX'RX'RX'RX'RX'RX'RX'"C;<':C<'.c<'.c<'.c<'.c<'.J:X.c<'.c<'.c<',c<x'X'.J:X.J:X.c<'RX'.c<'.c<'.c<'RX'.c<'RX'RX'.c<'.c<'.J:XR>..Y * * g g ~ State of Callfo,,;a } 55. ~ ~ Co,"ty of \.o~ ~,,\l1l..~ ~ ~ On [..lo..w,... ';). \ ~ \ ~ befo'e me, Eu,~~ ~:. ~:-~=;,": ~~~ ,+, ~ln:,- ~ personally appeared ~l<-l"' +\ - b,s t'l () ~ ~ er(s) ~ ~ personally known to me ~ CI 0 proved to me on the basis of satisfactory f1> ~ evidence ~. : cl :1> ~ to be the person(s) whose name(s) i~ ~ ~ subscribed to the within instrument and ~ ~ l I acknowledged to me that heJil:lIil,/{~executed ~ i~ the same in his/hQr/thQiu' authorized ?i', ~CI '1- - - ~~=~ z 't (') d h t b~" h' I~ Il:l'.t ~ i. ~. Notary Public _ California ~ capacl y les, an t a y IS 9r t sir \ r~ "2i Los Angeles County [ signature(s) on the instrument the person(s), or@ ~ l the entity upon behalf of which the person(s) ~ ~ _ _ _ ~~ ~_~22..:..~ acted "xecuted the instrument. ~ ~ ~ ~ ~ ~ g ~~.; g~ " '. I 1 t ~ OPTIONAL ~ "~.;<; .'.: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent :x,'.~. ! C: fraudulent removal and reattachment of this form to another document, ~1> ~ Description of Attached Document ~ ~ "tie on,pe of Doc,men! !:k0~ .., ,J: G '0 ,~ """ . + ~ ~ Document Date: (~\.ot.CL<. ~ .4-, "h"o r Number of Pages: ~ ~ ~ Signer(s) Other Than Named A~e: ~ ~ ~ @ Capacity(ies) Claimed by Signer , ~ ~ Signer's Name: ~-t ~ - ~ ~o g ~ . ~ ~ 0 Individual Top of thumb here ~ @ 0 Corporate Officer - Title(s): g ~ 0 Partner - 0 Limited 0 General ~ ~ 0 Attorney-in-Fact ~. j ~I 0 Trustee f~ ~ 0 Guardian or Conservator . j :XI ~ ~Other: ~V V\C4t" ~ ~ n, g ~ Signer Is Representing: ) pDC L ~ ~~~'GV~~~~~'GV~~~~~~~"-~~~~~~~~~~~~'GV~~'GV~~~~~~ (.)1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. WWW".nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 75A-423 EXHIBIT "A" LEGAL DESCRIl'TION All that cwain laM situa.ted. in the Seate of California., County of Orwge, City of Sl~ Ana. described !j roUQ~: PARCEL A: The North.:r1y 100.00 feet of that portion of the land allotted to Abel StearD. ~ de~:nDed in the fin.11 decree of p21titioo of Ibe Rs..oc:ho Saoti2.go De Santa Ma, which was cntr:red Septunber 12, 1868 in book "B" page 410 of Judgments of the District Court of the 17~ JudicUl District in and for Los Ao.getes Co\lllty, California, descnoed as folloW3: CommeDclng at the inbmeenOtJ offue EaslliQe of North Maia Street, ~ S2ld East line existed on 181J.U!rJ 10, 1922, with the South line ofScetion 31, To'ilo'tlsb.ip 4 South, Jtaage 9 West, San Beraardino Me.rid.i2n; thecce Nc:n:th an the East line of said Main Street 150.00 feet; thence East pacille.l to the: South.linc of'saW section 145.25 fec~; theoce South 150.00 feet; t1u:llCc West 145.25 rectto the point o!begiD.oiDg. EXCEP11NG therefrom ~ Westedy 31.00 feet thereof; as grmted to the City of Sa.nt2. Ani. by deed ('CCordcd JUlJe IS, 1970 in book 9316, pa.ge 748 oiOfficiaJ ~ords of'Onnge County, CallfOI'Ilu, PNtCELB: Tl1.e Southerly 50.00 f-..et of ~t portion of the I:1O.d all~ to Abel Steam. as described in the final deaee or partition or the Rmcbo Santi2".ooo De SI.llCll AJJa, wbieh W3.S entacd September 12, 186g in book "B" page ~10 of 1u.dgm.cnU of the District Cotllt of the 1'" Judicial District ill and tor 1.0! Angeles Cou.!ItY. Califomia, descnoed as Co no Vo'S: Cornrnencing :It the i.ote:t'S~tion of the East line of North Maln Stre..-t, as said East line eilil:ed 011 JiJ1U3t)' 10. 1922, wnn the South line of Section 31, To\lill.S.bip 4 South, Range 9 West, S3.n Bemardino Metidim; theuC'e North au the East lio.e of said M!.in. S~et 150.00 f2et; thence East panllct to the South li:oe of said section 145.25 fo:t; thence South 150.00 feet; thence W~t 145.25 feet to !he point ofbegioomg. PARCEL C: That portion of Section 31. TOWllSWP 4 South, Range 9 West allottled to Abel Ste::l.rU, U de:1cribed i.:l. the fuLll decrce of partitioQ of th.e IW:icbo SUl~~ De Sa.ct1 Aru, wbieh wu en:ered Septa:obet' 12, laGS in book "B" page 410 of I Lldgm:.nts of the District Court of the 1"f' Judicial District in 4.'1d for Los Angeles County, California, de3cn~d as (oUo."..,: . Begi.cnUIg at the Northwest comer of land for:n:rly or G. W. Van~ rw:ning t.ience North 10.50 chains to (he Southwut comer of laud fonoerly of 1. M. ~; thence East 2S .23 chains to the Southeast eortl.er of saieiland of J. M. Kicgi thence South 10 cluios to the township lice, a.nd thence West along the TO~lo1Ubip line eo the point of lx:gioning, a::l.d being in the Southwest quarter of Scetion 31, Towosblp 4 South, Ra..'\te 9 W~t, San Bmwdioo Base and MCridian. EXCEPTINCi therefrom the East 6 acreJ. ALSO EXCEPTING therefrom t.h= followiog: Beginning at the ian:tsection orebe East line ofN'orth Main Street, with the South line ofSeeti.on 31, Towmhip4 South, ~ 9 West. San Ber.nardi:to Ba.se And Meridi:1."1; ru::ming thence North on th: East tine of North Main Street 15.0.00 feet; cheDee East parallel to tlte South lioe of uid Section 31. 145.25 feet; thence South J 50.00 feet; thence West 145.25 feet to the point ofbc2tnrW\g. F:\UGA!..~ILn-VMS'CIOII'Ox\Gnll't ~ 75A-424 310 277 0846 PP.GE.04 ALSO EXCEPTING a strip of land along the Southerly tine of ,aid land as gnnted fn County of Orange by. deed recorded December-9, 1937, in 'book 915, page 422, rceorch of0r2oge County.. descibed as follows: BeginniDg at th.: Southwest comer of that cettain property described in deed to J, A. Engel and Dora A. Engel recorded in book 683. page 337 of Official. Recot& o! Orange Couoty, Catifornia, and tumllng ther.ce from uid point of beginning aJOtlt the Northerly city limit::! of the City of Sa.nta Ma, South 8S" 39' SO" West. a r.ldius of 140.30 feet,. a radial line from said pciIxt in said C\l1'VC bears South 29. 41' 40" E:tst; th=uce Northeasterly aloeg wd CU{YC, through a. ccatral a.og1e of25'" 59' 00", 63.63 !ec't to a line tmg"'..nt; thence North. 8611 17' 20" Ea.5t, aJoDg said ta.ngeDt Ii.o.e, 392.9G feet, more or less, to a paint in the West line of the abo'.~II:enticml:d property dtscn"'bed in deed to 1. A. Engel and Dora Engel, 'Which point bears North I'" 30' 20" Bast, 33.04 feet :&occ the point ot' beginning; -mencc South 1 II 30' 20" West, 33.04 feet along said West line to tliepoint ofbeginl1i.ng. PARCELD: Thar portion of Lot 7 ofTnct No, 721, as shown on & map recorded in book 22, p'-!:e 4 of'Miscellanco\1$ Maps, record.5 ofOrmgc County, Califotllia. described a.s follo~'S: Begtaoing at s point in the Northerly liDe of !aid Lot 7 distant thercoa South Sso 28' West 242.0 1 fect from the NorthetJt comer of sa.id Lot 7, a.od running throe: Southwesterly along a c:utVC concavr: South~tedy aDd having a ra.diw of250 feet, I. radi.l.l1me through said point ofbeginmo.g baring South joo 25' F:.a.st, a disl:3.lJce of 86.39 feet to a point of reverse curve, tb.eocc Southwesb:dy along s2.id curve) CQUCl.V: Northwc:s1'.aly and bAvio: a radiw of 203 feet, a distll.t1ce of 71.05 feet, more or lc:ss, to a. poi.o.t which i$ 104.99 feet Northeosuxly, musured along said curve from the Sotttheut comer of I,Qt 6 of $lid Tract No. 721; thc:n.ce No~.h 0045' East. pmlle1 with (be Ea.sterly line 0{ sai.d Lot 6. 97.95 feet to a point in the Northedy line or said Lot 7 which is distmt thereon NOM 8S. 28' East 100.08 from the Northea.st comer of said Lot 6; th.ence North 88'" 28' E3.st aLong said Nortbetly line 118.40 feet to the point of beginni."tg. PARCEL E: Lot 5 of Tract No. 721, as shown on a map recorded in book 22, page 4 of~fis~tlaneous Map!. records of Orange County, California. PARCEL F: 'I'h'-t poctiolt of Lots 1, 3 and 4 in Block A of tract No. 315 3.:9 shown on a tT".3p recorded in boole 14, page 49 of MuceUa.oeQu,9 Maps of said CO'UD't)', together ~ith th%t. poctiOn of Lots I, 2, 3, 4, 6 P.::.d 7 ofTnct No, 721 a.s shown co a map recorded in book: 22, page 4 of MUCCUan.oou3 Map, of ,aid Co1mCJ, . said portions lying Northerly of the followic.g described line: Beginci.ng at a point in t11e Southerly line of Lot 2, Bloc:\: A of uid T.cact No. 31 S. dutlnt South 890 27' 02" Eas~ 66.00 feet from tbe ceu.tet'tine of Main Strect~ thence North 10 OS' IS" East 71.00 feet to a.1in.e disU.:o.t 71..00 feet Northecly froc:l arid ~ at righr: angles to said South line; thence parallel with the Soudllie of said LClt$ South . 89- 27' 02" East, 274.27 fcet to tile begimring oia tI.:1gent curve eocea...e Northaly baviog a radiw of 933.00 feet; tbex:ce Easterly along aid eu.rve through a eectral atl.gle of 6' 30' 13" an are length of 105.90 feet to & point of IeVme curve coaQve Sou.dJerly, having a radius of GO.OO feet; tb.eo.ce Ea~ly along s:\id curve through a central ungle of 13" 50' 16" an are length of 14.60 feet; thence tangent to said curle South 8211 00' 59" East, 33,91 feet to the beginning of a t2ngent curve coneave Not1h:rly, having a ndiw of 42.00 feet; iliene-: EaJtz:rly aloag said curve through a ce11tral2.1\gk of J7. 35' 00" an arc length of 12.89 feec to a point of compaund. curve, concave Northerly, having a ndiu.9 of946.00 feet; thcDce E:a.5tetly along s&id curve through a central 2~le (If I'" 41' 4''', an arc lengdl o!29.66 fee.t~ th~ Nor1h230 48' 48" East. 27.78 fecC;. thence North 74.2.6' 4&" ~e. 51.73 feet; tht:uce Solrth 680 14' 13" East, 21.12 feet to the beginning ora c:u:ve conave uartb.erly baYing a radius 0(935.00 feet; thence Ea.~tl;rly along uid curve through . <:a1%nt ~]e of 10 43' 3 Sit l.ll arc let:gth of28. \7 fec:t; thence t.aagect to said curve Not01 71'" 38' 39" East, ~3.06 feet to the North line of said Lot 7, Tract No. 721: thence atong Slid North line North 88. 48' l2" East, 158.23 feet 10 the North 1i.De ofOweo.sDrive as shov.u OD map ofreco,d of survey tiled in Record of F:l.tro l\1..\1lt.ENl!MSIOl Cl211d<x1O../It Dccd.~~ J~_ 31 2ee3 15:47 75A-425 310 277 0846 PAGE.es Surveys, boo~ 10, p~ge 21, ~rds c{said CoUllty b~. point in a c:at"'o1: CODd..Ye S~t.er1y b1~ a radius of 250,00 feet; said line ,ball b<: cxremed Westerly, to it1ta'Sb:t the West line of .said !At 1. EXCEPTING thet'efr01Xl that portion ofsaid Lot 1 in Block AcfTnct No. 315 lying Westerly ora line pmllel v.ith. and 66,00 feet East of the cetltaline ofMlin Street as &hown OD said map o!1'ractNo. 315. "ALSO EXCEPTING th<:.refrcm thZlt portion of said Let 1 in Bloclc: A ofTraet No. 315 e:nclosed.1IIithin a triaIlgular shaped area bounded Westerly by the South 25.00 feet of $aid line 60.00 feet Ea.,t of Ma.in Street c~1iDe; bounded Southerly by the West 25.00 feet oCtile line Erst above d=:ribcd baving a bc3ri.az and distance of South 89" 21' 02" Eaat, 274.2.7 feet; and. bounded Northeasterly by & straight ~ cooaecting the 'North and Bast and poil1ts . ofsa[d boucdary lioe.s. 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'. --r-;-;- :.= _ _ ~ ";:" ., . , I'u' I' h;.;: ;:,,\';1111: '1 I! i: I, II ~)' '" I , " - 0" :;:;."".-"':~~. '''I;' I ' · eh 1'1..11'" 'u,.." ,-, . , I:, '" "'._~ ...",.~ ~_____ ',,__, ,. &1 1 a'~ i~ l!l j... II Ii 'Il! ., ".~ Y I " '"''''''''~~__. "'l:: I. a, ': It "~1 ,r! ". '. ~i. , I "- I , _...._. ='=,.. __ i!l'lhil ;!:~ll:l ,.,. Inl ';....~ ""'-, m. -::_ -:'''' , 11'1;11<;:: . 'I !II ~ 'Hl :'!l !ij I :1\ : I !.!'I , '" 1\,; ". __. __ ___ . .': '., Ii" ii'." -I';-i- ~ ~ ~. If n', i ..~.... . J II'" '.!. -------.'" " "..,. ,,, T II 1:'= " ~Il~~ lli!!! Ii!, -:! '1.\. ~;.iiir\':.~\".I\\?,":f::, '~";":ii~'i'i"liil:iii1ii' ''''''!'..,.I;j.d ;.', ;',~,,~.._...-- d ili ~ 11,1 S ill II! ! ! Ii,.. I ''',i' F!: !!:i I! 'IH :":ii :>:1 \lll,q"!i!, __ .. II ;I, 'I,~, '" ." ill"~ I ,:,: '1" ''1'1' ':i,!.,: ': I' :', l ":'''' ;!' ,!' ,i!l:' l!'EllH'~'1;Jj111;lli'j'l;j~I;'lq; . i l; \.. :n'" 'I' "h, !'" ,i" "i II '. '" HILl-- , " "" : :,' ";I I P' ".., ," i' ,; .." "'" 'i , I r :!I~! i ~'i 1:1; ! I;; :,j' Ii!"!" !l!! ~Hil : '". < "",. iI. .,. ! "",,! ' fl' """ ."" ! . i n I 1i1i! i gj 1m ! !:l iil. l ; '[::-:11 W'i . ~ : H ; i,H.! l~,.(;,i,i ! Hn~ ~ . ~ I '. !; '! . I . ,. '~ 2 of 2 Pa ~.! ~ ~ F~ ~ LhFfJ ~ r. I I, ~ !!~"1" I !t l: :! i: I; li ~ i ;:l -= ~ t 1 !! ... '-~ u;; ii il~ .~ .t~ si :iIIi~ ~ liS ;il ;I~ . '.!. .'-, ~ ; i J: ~::~ : ...... II:.!l.;ig · ~.... ;i~ ;{~~ ~ i !li ~ 1 :}' ;: I i Ji ;: J " ~ I ~ i i I j ;: --I m ('") :I: Z - ('") -<)> -or- en r- - :x>rri (")-0 r- ~m )> > Z en ~(") -t _ >-1 > z > - en :l: m m ~ z 9 EXHIBIT C Public Art Locational Plan 1. Public art valued at one-half of one percent (0.5%) ofthe project building permit valuation is required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed to by the City's Planning Commission and Owner) to be placed along Main Street at one or two major entrances to the Project, with the final location to be determined as specified in paragraph 2.5 of this Agreement. The public art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in paragraph 5.8.1 of this Agreement. Review and approvals required by the Planning Commission pursuant to sections 5.8, 5.8.1 or this Exhibit C may be delegated to a committee of same duly constituted pursuant to the Planning Commission's bylaws. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. 7. Expenses Not Allowed from Art Allocation I. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) 11. Architect and Landscape Architect fees. iii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. IV. Utility fees associated with activating electronic or water generated artwork. v. Lighting elements not integral to the illumination of the art piece. 75A-429 Vl. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. Vll. Dedication ceremonies, including sculpture unveilings or grand openings. 8. To be eligible, the proposed work of public art shall not be: i. a mass produced object from a standard design; ll. a reproduction, whether produced by mechanical or other means, of an original work of art; iii. elements of building, designed by the building's architect, as opposed to a public artist commissioned for the express purpose of creating a unique work of public art; nor lV. a water feature, in whole or in part. 75A-430 Development Agreement No. 04-04 t -: I-~)' cr- ' -'j:~'~~~~..~.':..~~ ~~~ ,""" '. - _0' _..~"... _ _.. .....~. ~.'.' . ..,' .,,eo,~""""'e\"l::1:;;;"" /y.,''''S. .,- . -., "-,=::-,'~';n;;r"Qa,,,;..' /.".. .... ..-:~ ~ .::r--__..~ - --- ..-.... V&,,,>-~,,~ :-'~O.i7 f'Q.ti...-~."" ,;' .G....~ :.:...J ~~; ~ ~;~ '0-7. .~.:;~~~':;:'>\.\'~~".tt..B.~ .'_ __ .' 0, -..- 7 ~o..~~.e. ,'. .. "~-~-~ ..,t' .f-._-- --------: ~ 0- -Ir -if.. .; e.. . -.::-~.. 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'~_, ~1:f.-~r~ -t c: ~. ~.: ~ e_~'_r :~~~~~". . m-~ I ~ ~ i-' J .~.:,;-:",LO:: -,' : , ..,.:' Q." j ~- 'I ~...x.... ., I, - '~,;""',..,,;.. , .. .. ,.. 11'(. --' r-_,..., 7 t-: ~IT' 'i' i ~ '-"'-', -Y:.1..-...~.....,r..:i..~ - - - ~ - t,;#- " "~-:.:; =..,.c:._! ;;1 . f' ,=,,~-,,~;',,:' ~.... =- Q"'--' r ill '~~. ' " ....L.;. I,:.:;. ~!::;:.~~- ~ H ~ A ::' :' ',=' _" . >.~- : i i I ~ I , ' i ~T , I i I ,~" ";<.:0.';-'::. 'l> .-ee.. . . " ~eeo l-r-.....-...... ............'a ..... .......;;--- I ~.~~ff?~~;~-.._-----_.?^---~~ .~: :; - -,"' . - . ~,.- -~ ..-,,= . "I . :.., -<"'t' _:1> .... ,..~ ......'....4:"1.& 2\'C~' ......- ..~~~_.. ,~:\. ! ;h.. -.. EXHIBIT D Phasing Plan :. i./ .~- .;....'';;'-,; ..~:.;..--- ~~ ---- .~~~-~~~'.. .. -----..-- -.=-...:.-- - 75A-431 .- - :-.~-=::--"'::'~ ~ -.-: ^- . ." ".' .. PHAse 1'"' \N 0 PI-\ASG ONE -!I~ I'" fiill liI ~~ I. Il l!ij' I" ii li!i ~ ,. , ! ~ : I ~i! II' ~~ ~,;Ii Il~ [ I' Ilii f.~ I ':il II:~ I!l -!i I' ~i ~ " ~ !l .i~ ~ 7 ~ ; dl q. . . I ~ n Ii ~ P : i I ' 7 · · s I d ;P, ! I iI pi [ii ..II' f'l~ .iil I'tj r. , Iii i- I"! Iii ~~f 118 1;i18 I f U\~~u !1, ir~-~, ~!~,I! ~1:linil,;I~ij, ~ ~I~ :-'~l~ 1 ~ ~ i ~ ~ il~ ~:l 1.;11;, !i,.~lli. i;II;, ;1;';, ;,-;; ;,I.;li, ; 1-.Ir:I~!U~,~~ ~1~ ~ ~ ; ;ii H '1 1"'1,,01. I. -I.!.I..- . . - . .1. EA -'.---1""-"- , 'I ;; - .1. . =- : l:.;.,~.;.= ~.. :~:l:! m:I;~I::~ ;1\ . - · ~ ". .. . = ~I"I" I, i~ ;;.. .. h · . .. " : " · . ... ,. - -~;; ;!" ,.~;;.. : : I , .. !.!.. .. l~. I I ! I., g =_ $ ~ ~.~&. _.. ~ 0 0 ~ i~~ w ~ ..". ."___ _ $ "~-~~z _ z - z - ~1-'3'-O ~ ~~ .e.~~~i:: ~ ft iiiw~9 =; S ~~ 2"~ ~ MU~ ~~ Ii. ~.I- =~n~;~U; ;:,,~~~;H;g~H. ~g~H ~g~H ~~-In~~u \ ~ A l 3 .. i: III : ~ II: ~ ~ ~ z:i" ~ ~ 3 ~ EEl!, I!~!: :: ~ l!, j ! ~;; i e:... I ! .;; ;:; ~ :!.. .. ~ i ! 2 u ~ .,~ ~,~ ~ ~ ~ ~ d ;; ~ ~ i i i d ~ H ] n ~ ~ ~I~I~ ~ { ~ ~I~ P ~ ~ ~ ~ i ~ ~ ~ ~ ~I~ is · ~ ~ ~ '. ". ~ ~ * ~'I~ ~ s S. .... 3' ~.. ~.... 3' ~.. 8Iilrlu'! - ~ Bils u! ~ ~ B~ s 3!. ~ "19' u 81" ~ ~ l:: ~1~I:I~\~ISl~ n\=: ~: ~: ~:, ~: ~: ~ ::::: 3: HI"~;i ~~ ~JI. ~~HI~ d niB Hl~ ~ n, H li\i'li,,~IIII,g~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J~ 0.. ,'.. ~ . . g,"',;, iU g~ ~ P ~.ll glTI~gj~l~ ~II L Al 1;1- 1- - ::-u._'-- - - ::i; -j- - - -. ~... 1 1.1;._ - - ~l-l-r . ,L U .L. u... .. .L J~ .- I f. ~I- - ~ 11n ~ ~ ~ ~\~!~!!!I l !!!i~:E!;I!!* 1:,8;iil~:t~~!! : ~ J.\;iij\;ig::I;ii :5 1,-,-'1l~11 \ _ ~ 1, ~ _ i _ J. ~ ~ ~ , - . din Htq qlli' I'! II ~ d 'I Ipl ,I Ii ii .1 ,III II ! I : ," _\ I 1 I I __I ~ u ~ IIi i q I i hr Ii ! II i ! 1\ i I t I II I HI* U~N ~I! i II~ . i I ;; . ! , ~ i . ~- ii HJ ." I I I ~ j 1- I ~ I i! L !i II 11 H Ii n I ! 111111 ! .! i I' ; ,! i l~ I ~ f i ,~ e dl 'I h h Ii I" .. OJ ~ . ~ il iui i ~ ~ b . 6g~~ i hd f~ ~ J ~ f . i I : : I if l ~ i pI " I " · I' ! . l ~ ' . I .II .II l i !Il 'p id ~ ! I i '.. . . . ! . i I : I , l ! ~ l i i I I i i ! i , i ! I, ",' i " .' I .. . i i i . . ! ! ~ I ! i . . . I i I n. : ~' l i" I ;! J .. f! ~ f! · 'II ". . i i ,~ .. In T" ?- m i: x w . I ~ . i ~ City Place Proj ect Public Improvements Improvement Location Install a traffic signal Lawson and Memory Lane Install a crosswalk and associated traffic signal Memory Lane and Crescent Construct new cub, gutter and sidewalk Property frontage of Lawson Way Construct new sidewalk Property frontage of Memory Lane Replace damaged curb, gutter and sidewalk Property frontage of Main Street Street light installation Property frontage of Lawson Way Repave from eenterline to edge of gutter Property frontage of Lawson Way Underground all existing overhead utility lines Along property frontage of Memory Lane EXHIBIT E 75A-434 Development Agreement No. 04-04 EXHIBIT F Residential Tower Study Area ~ l I I ~ ,..- ~~""':..,.:,.....~ ~-- ~....... --..i~.;.......:.. ~~~' :~ ~1..~:~:.~-,_~\'~~I#-"f~_1PI - 75A-435 KO - 2/16/05 RESOLUTION NO. 2005-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-28 AS CONDITIONED, VESTING TENTATIVE TRACT MAP NO. 2004-07 AS CONDITIONED AND SITE PLAN REVIEW NO. 2004-05 FOR THE PROPERTY LOCATED AT 2775 NORTH MAIN STREET (COUNTY MAP NO. 16565) 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 the City Place project, which is a mixed use development with approximately 57,700 square feet of commercial space (being a mix of sit- down restaurants, retail and market); and 187 residential units divided as follows; approximately 73 for-sale live-work lofts; approximately 112 for- sale town homes and 2 single family detached homes, all for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. B. On October 25, 2004, the Planning Commission held a duly noticed public hearing, and voted to continue the matter to December 13, 2004. C. On December 13, 2004 the Planning Commission voted by a vote of 6:1 (Sinclair opposed) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt a resolution approving Development Agreement No. 2004- 04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. Resolution No. 2005-017 Page 10f 6 75A-436 D. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place Development on February 7,2005, and at that time considered all testimony, written and oral. After closing the public hearing, the Council adopted a motion continuing the matter to its February 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (townhomes and live-work units) as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565. b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. E. Vesting Tentative Tract Map No. 2004-07 seeks to subdivide the land and future residential condominiums. 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 Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2004-06 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. Resolution No. 2005-017 Page 20f 6 75A-437 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2004-06 is in keeping with the provisions of the site plan review (Development Project No. 2003-48) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2004-06. 3. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 17.7 acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, allowing adequate frontage for each parcel. The site and parcels have been determined to be capable of supporting the type and density of the proposed project. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development is for mixed-use development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. Resolution No. 2005-017 Page 30f 6 75A-438 6. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2004-06 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. F. Applicant is seeking Conditional Use Permit No. 2004-28 to allow the live- work component of the project. Santa Ana Municipal Code Section 41- 638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of 73 live-work studios will provide a residential living with opportunity to commercial businesses. The unique provision of space that can be utilized for dual purposes within a single unit provides a component integral to the mixed-use nature of the City Place project and the zoning goals. The injection of living and working space will provide a lifestyle that has proven successful throughout urban areas within the United States. A live-work project will add to the vibrant dynamics of a mixed-use project, increasing activity within the District Center designation of the General Plan. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a large vacant portion of north Main Street will assist in promoting the economic viability and enhance the livability for this area. Resolution No. 2005-017 Page 40f 6 75A-439 3. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The live-work studios are a suitable and appropriate use within the mixed-use project and the District Center setting. The addition of live-work studio space should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses. 4. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? As conditioned and the approval of Zoning Ordinance Amendment No. 2004-06, the proposed project will be in compliance with all applicable regulations and conditions imposed on live-work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The live-work community is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. A live-work community will assist to further the goals of the District Center designation of the General Plan. Resolution No. 2005-017 Page 50f 6 75A-440 G. Applicant is requesting approval of Site Plan Review No. 2004-05. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. H. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Vesting Tentative Tract Map No. 2004-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-28 as conditioned in Exhibit "B" attached hereto and incorporated herein. Section 4. City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2004-05. Section 5. In case of any dispute between the terms or effect of Vesting Tentative Tract Map No. 2004-06 and the terms or effect of Development Agreement No. 2004-01, the Development Agreement shall prevail. ADOPTED this _ day of February, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2005-017 Page 60f 6 75A-441 AYES: Councilmembers 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. 2005-017 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 Resolution No. 2005-017 Page 70f 6 75A-442 75A-443 Conditions for Approval for Vestina Tentative Tract Map No. 2004-06 Vesting Tentative Tract Map No. 2004-06 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. 3. A final map must be approved and recorded prior to issuance of building permits. 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. EXHIBIT "A" Page 1 of4 75A-444 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. 7. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by Planning during the plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 1), plazas, drive aisles, pedestrian walkways and common area amenities for the project, shall be completely installed prior to the issuance of a certificate of occupancy for the project phase that includes the open space. 10. Pedestrian walkways shall be provided through all lots to establish pedestrian connectivity throughout the project site as shown on the Plan (Exhibit 1). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 12. Trash receptacles shall be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 13. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. Resolution No. 2005-017 Page 20f 6 75A-445 14. The courtyards in the residential development sites shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees, plant material and water features. 15. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 16. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. 17. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 18. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 19. The courtyard improvements in the residential component shall be completely installed prior to the issuance of any certificate of occupancy within the project phase that includes this portion of the parcel. 20. An open space area measuring a minimum of 70 feet in any direction and containing a minimum of .34 acres of land shall be located near the center of the residential project site and within Lot 2. The open space shall include informal modern outdoor furniture and seating areas, and landscape trees and material. 21. All garages shall provide insulated garage doors with automatic opener and transmitter. 22. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. 23. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 24. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. 25. Units designed to accommodate stacked washers and dryers shall provide such appliances. EXHIBIT" A" Page 3 of 4 75A-446 26. Require a crosswalk and associated traffic signal at Crescent and Memory Lane leading towards Santiago Park. 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'I 1. I-II - I ~I' 'I hi' I 1!' ili. 1"1 I,P, ill: i! "II I" II '.!:" I I ,- :; I II "I i -I! ,I ',Jill 1",', -, -I' ',' 'I" ,,- !: hji Inl ii:llid;! i Ii,ll \. II'! ".l ~ ...! ,,'. !. Ii Ii i lih iH! ~ !l~1 i!n: i I ii!1 I ,if II:! I i-,' lI:,fill . I' 'I" II l, '11i;j1 i II i'I'.ll , ,lilli'l n II'll'l\ , ! I ~ i ! ,11 i " I.; i'll I~ 11I11l: ,I i"'I','1 III ~:I. . !! 1l11111i il il! qim '1 qa! iln 1!llddill: 75A-460 I I . I I ! I I ! ! ! II j I I ! I ! ~ ~ !.! hi nl '" ; \ i HH~ " : II ;; j ". :: I I 'I ~ 1 ~ ~ ~:t:~~~..i.: - --~:I::!li I ~'_ ,- ~ II '" , ~ i " ! ~ I . I . , jl:, .'Ih'l '!.i'l_ ml~ ! \- '\1. j~ l() (0 l() (0 ,... !I " o z a.. <C 1IIIl:;:t'; ~~ < ~~~ ..... ~; ~ 09t;~, ......~. <C i:: 0: ~:~ ~9~ I ..... ~~~ - n..:lf I '&lag I ~I W ....~0 l ! > i~: t ....-'i:!i i:: ~\:i~ I ~~ <C ~" ~~ i'l~ L- ~. zf W~ ~ ..... {!' Z - ..... en w > ! !l I -\ J I " ~- r-====: - - ~:1J:miS:1ft't. 75A-461 rn w rn n <0 u.. 0 II. In W <( LO <~ V> CO ZII. ZC:~LO~~ - ..- t'n I- ::l '" ..... <( ..... ~ Z ~ ~ (/) ..... () . ~ ~ '" WZ<(O~g 1 z >~~Z~8 I ..- ..- 0 II: ! l[ l . 11 :~ --I W' . O:d ~ :lil.l ..... . l~' ""1-,1' f;illlih i .~:l ~ ~ ~ ~ ~~ i~ . ,I' ! 1 ~ . 11 II. Conditions for Approval for Conditional Use Permit No. 2004-28 Conditional Use Permit No. 2004-28 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. 5. The project shall be constructed in compliance with Santa Ana Municipal Code Chapters 8 and 41 pertaining to live-work units. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. EXHIBIT "B" Page 1 of 3 75A-462 7. The project's units shall include two-car garages with seven of the residential units utilizing two, one car garage spaces per unit (one space of which is not attached) and work studio space on the first floor and living space on the second and third levels. 8. At minimum, seven of the lofts shall be designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. 9. Interior floor to ceiling heights will be a minimum of ten feet on the first floor and a minimum of nine feet on the second and third floor respectively. 10. The residential component of each live/workshop/studio unit shall meet the following standards: a. It shall have a space of at least 1,158 square feet of residential living area. b. It shall have access to separate bathroom facilities including a water closet, a washbasin, and a bathtub or shower. c. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least 30 inches in front. d. It shall comply with all Housing Code requirements as modified by Section 8-2700 of the Santa Ana Municipal Code. 11. Prohibit all first levels from any encroachment for use as bedroom space. 12. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. Resolution No. 2005-017 Page 20f 6 75A-463 e. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. f. The use of professional management to ensure a quality operation and maintenance. 13. CC&R's shall include occupancy standards similar to the Olson live/work project. 14. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 15. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 16. All garages shall provide insulated garage doors with automatic opener and transmitter. 17. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. 18. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. 19. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 20. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. 22. Units designed to accommodate stacked washers and dryers shall provide such appliances. EXHIBIT "B" Page 3 of 3 75A-464