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HomeMy WebLinkAbout2005-064 - Approving Conditional Use Permit No. 2005-10 . KO- 6/15/05 RESOLUTION NO. 2005-064 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-10 AS CONDITIONED FOR THE LAKE TOWERS RESIDENTIAL PROJECT; CONDITIONAL USE PERMIT NO. 2005-11 AS CONDITIONED FOR THE CINEMA TOWER AND LOFT RESIDENTIAL PROJECTS; CONDITIONAL USE PERMIT NO. 2005-12 AS CONDITIONED FOR THE CINEMA RETAIL PROJECT; CONDITIONAL USE PERMIT NO. 2005-13 AS CONDITIONED FOR THE CINEMA RESTAURANT PROJECT; CONDITIONAL USE PERMIT NO. 2005-15 AS CONDITIONED FOR THE INTEGRAL RESIDENTIAL PROJECT; VESTING TENTATIVE TRACT MAP NO. 2005- 02 (COUNTY MAP NO. 16621) AS CONDITIONED FOR THE INTEGRAL PROJECT; VESTING TENTATIVE TRACT MAP NO. 2005-03 (COUNTY MAP NO. 16622) AS CONDITIONED FOR THE CINEMA TOWER AND LOFT PROJECTS; VESTING TENTATIVE TRACT MAP NO. 2005-04 (COUNTY MAP NO. 16626) AS CONDITIONED FOR THE LAKE TOWERS PROJECT; VARIANCE NO. 2005-05 AS CONDITIONED TO ALLOW A REDUCTION IN SETBACKS FOR THE LAKE TOWERS PROJECT; VARIANCE NO. 2005-07 AS CONDITIONED FOR A REDUCTION IN PARKING AND TO ALLOW TANDEM PARKING FOR THE LAKE TOWERS PROJECT; VARIANCE NO. 2005-10 AS CONDITIONED FOR A REDUCTION IN PARKING FOR THE CINEMA RESIDENTIAL, RETAIL AND RESTAURANT USES AND TO ALLOW TANDEM PARKING; AND VARIANCE NO. 2005-12 AS CONDITIONED FOR A REDUCTION IN PARKING AND TO ALLOW TANDEM PARKING FOR THE INTEGRAL CONDOMINIUM PROJECT FOR THE PROPERTIES LOCATED AT 1, 9 AND 10 EAST HUTTON CENTRE DRIVE AND 101 EAST SANDPOINTE AVENUE. 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 Applicant is requesting approval of an amendment application, five conditional use permits, a development agreement, three tentative tract maps and four variances to allow the construction of three residential high rise buildings with 500 condominium units, a four to six-story condominium project with 276 units, a five story mixed-use building with 15 residential units and 10,000 square feet of office space and 14,000 square feet of retail and restaurant spaces at 1, 9 and 10 East Hutton Centre Drive and 101 East Sandpointe Avenue. . Resolution No. 2005-064 Page 1 of 28 B. On May 23, 2005, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program and statement of overriding considerations for the MacArthur Place South project. 2. Adopt an ordinance approving Amendment Application No. 2005- 01. 3. Adopt an ordinance approving Development Agreement No. 2005- 02. 4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as conditioned for the Lake Towers residential project. 5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as conditioned for the Cinema Tower and Loft residential projects. 6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as conditioned for the Cinema Retail project. 7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as conditioned for the Cinema Restaurant project. 8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as conditioned for the Integral residential project. 9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-02 (County Map No. 16621) as conditioned for the Integral project. 10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-03 (County Map No. 16622) as conditioned for the Cinema Tower and Loft projects. 11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-04 (County Map No. 16626) as conditioned for the Lake Towers project. 12. Adopt a resolution approving Variance No. 2005-05 as conditioned to allow a reduction in setbacks for the Lake Towers project. 13. Adopt a resolution approving Variance No. 2005-07 as conditioned for a reduction in parking and tandem parking for the Lake Towers project. Resolution No. 2005-064 Page 2 of 28 . 14. Adopt a resolution approving Variance No. 2005-10 as conditioned for a reduction in parking for the Cinema residential, retail and restaurant uses and to allow tandem parking. 15. Adopt a resolution approving Variance No. 2005-12 as conditioned for a reduction in parking and to allow tandem parking for the Integral condominium project. C. On June 20, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Conditional Use Permit No. 2005-10 has been filed with the City of Santa Ana seeking to allow the construction of the Lake Towers, two 25-story high-rise buildings located at 10 Hutton Centre Drive. These two towers will contain a total of 349 condominium units. The North Tower will contain 174 for-sale units, with the South Tower containing 175 for-sale units. The Lake Towers will incorporate two above-grade parking levels and two subterranean levels of parking, which will provide 807 parking stalls. 1. Pursuant to SD-76, multi-family residential uses are permitted subject to the issuance of a Conditional Use Permit. . 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed multi-family residential use (Lake Towers) at 10 East Hutton Centre will provide a service to the community by providing for-sale, high- quality residential housing stocks that will enhance the property values of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? . Resolution No. 2005-064 Page 3 of 28 Resolution No. 2005-064 Page 4 of 28 The proposed multi-family residential use, in conjunction with the rest of the MacArthur Place South development, will not be detrimental to persons residing and working in the area. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 pertaining to aesthetics, air quality, and traffic and transportation can be addressed through the adoption of Statement of Overriding Considerations by the City Council to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed multi-family residential project will not adversely affect the economic stability of the area. The multi-family residential component will provide a customer base to the retail and restaurant uses, which will reinforce the economic viability of the project and will assist in identifying Hutton Centre as a viable mixed-use community. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the Specific Development No. 76 (SD-76) zoning district except for the parking, tandem parking and setback requirements. Three variances are required to deviate from these standards. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as multi-family residential development and ancillary uses are conditionally permitted within the SD-76 zoning district. Further, General Plan Land Use Element Policy 1.3 supports high-density . . . residential development within the City's District Centers as a part of a master-planned mixed-use development. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. E. Conditional Use Permit No. 2005-11 has been filed with the City of Santa Ana seeking to allow the construction of the Cinema Tower/Loft Buildings located at 9 Hutton Centre Drive. Cinema Tower includes a 25-story high- rise tower that will contain 150 for-sale condominium units. The loft building is a mixed-use structure that will be located along Hutton Centre Drive, just south of the Cinema Tower. This building will be six-stories in height and will contain 15 residential units on the first four levels and approximately 10,000 square feet of office space on the upper two levels. The loft building will contain the amenity areas for use by both residential buildings. 1. Pursuant to SD-76, multi-family residential uses are permitted subject to the issuance of a Conditional Use Permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? ii. The proposed multi-family residential use (Cinema Tower/Loft Building) at 9 East Hutton Centre will provide a service to the community by providing for- sale, high-quality residential housing stocks that will enhance the property value of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed multi-family residential use (Cinema Tower/Loft Building) at 9 East Hutton Centre in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons Resolution No. 2005-064 Page 5 of 28 Resolution No. 2005-064 Page 6 of 28 residing and working in the area. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed multi-family residential use (Cinema Tower/Loft Building) at 9 East Hutton Centre will not adversely affect the economic stability within the MacArthur Place South development area. The multi- family residential component will provide customer base to the retail and restaurant uses, which will reinforce the economic viability of the project and will assist in identifying the entire Hutton Centre as a viable mixed-use community. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of SD-76 zoning district except for the parking, and tandem parking. Two variances are required to deviate from these standards. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as multi-family residential development and ancillary uses are conditionally permitted within SD-76 zoning district. The General Plan Land Use Element Policy 1.3 states high-density residential development within the City's District Centers as a part of a master-planned mixed-use development is . . . F. supported. Also Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. Conditional Use Permit No. 2005-12 has been filed with the City of Santa Ana seeking to allow the construction of the retail building located at 9 Hutton Centre, which is approximately 14,000 square feet in size. This building will include approximately 8,500 square feet of space for two restaurants and 5,300 square feet of floor area for three retail tenants. 1. Pursuant to SD-76, retail and service uses are permitted subject to the issuance of a Conditional Use Permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? ii. The proposed retail and service uses at 9 East Hutton Centre in conjunction with the rest of the MacArthur Place South development will provide a service to the residents and office employees without leaving the site. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design that will contribute to the general well being of the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed retail and service uses at 9 East Hutton Centre in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. The short- term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004- 02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other Resolution No. 2005-064 Page 7 of 28 negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed retail and services use will be situated within the Cinema Tower site at 9 Hutton Centre. The retail and service use component will provide a service to the residents to the residents and office employees, which will reinforce the economic viability of the project and will assist in identifying the entire Hutton Centre as a viable mixed-use community. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the SO-76 zoning district except for the parking, and tandem parking. Two variances are required to deviate from these standards. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail and service uses will not adversely affect the General Plan as retail and service uses are conditionally permitted uses within SO-76 zoning designation. The General Plan Land Use Element Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. Further, Policy 4.3 of the Land Use Element supports land uses that provide community and regional economic and service benefit. G. Conditional Use Permit No. 2005-13 has been filed with the City of Santa Ana seeking to allow the construction of the retail building located at 9 East Hutton Centre Orive, which includes approximately 8,500 square feet of space for two restaurants and will be located north of the Cinema Tower along MacArthur Boulevard. 1. Pursuant to SO-76, full service cafes and restaurants are permitted subject to the issuance of a Conditional Use Permit. Resolution No. 2005-064 Page 8 of 28 . . . 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. I. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? ii. The proposed full service cafes and restaurants will provide a service to the community by providing additional dining opportunities in the area. This amenity will provide a service and convenience to the persons residing or working in the vicinity and reinforce the economic viability of the entire project. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed full service cafes and restaurants at 9 East Hutton Centre in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed full service cafes and restaurants will generate City tax revenue and employment in the community. The full service cafes and restaurants will provide dining services that compliment surrounding businesses and residents. As conditioned, the full service cafes and restaurants will not adversely affect economic development or stability of the area but will Resolution No. 2005-064 Page 9 of 28 assist in identifying the project as a viable residential community. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district except for the parking, and tandem parking. Two variances are required to deviate from these standards. The use will also comply with all applicable County and State provisions, including health codes and ADA requirements. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed full service cafes and restaurants are in an area designated District Center (DC) in the General Plan. The use is consistent with the General Plan and SD-76 zoning district. The General Plan Land Use Element Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. Further, Policy 4.3 of the Land Use Element supports land uses that provide community and regional economic and service benefit. H. Conditional Use Permit No. 2005-15 has been filed with the City of Santa Ana seeking to allow the construction of a mid-rise condominium development located at 1 East Hutton Centre Drive and 101 East Sandpointe Avenue. The development will consist of 276 for sale condominium units that are situated within three separate buildings. The project will incorporate one ground level and one subterranean level of parking that will contain 640 parking stalls. 1. Pursuant to SD-76, multi-family residential uses are permitted subject to the issuance of a Conditional Use Permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2005-064 Page 10 of 28 . ii. . . The proposed multi-family residential use (the Integral condominiums) at 1 East Hutton Centre Drive and 101 East Sandpointe Avenue will provide a service to the community by providing for-sale, high-quality residential housing stocks that will enhance the property value of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed multi-family residential use in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed condominium project will not adversely affect the economic stability within the MacArthur Place South development area. The multi-family residential component will provide customer base to the retail and restaurant uses, which will reinforce the economic viability of the project and will assist in identifying the entire Hutton Centre as a viable mixed- use community. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? Resolution No. 2005-064 Page 11 of 28 The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district except for the parking, and tandem parking. Two variances are required to deviate from these standards. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as multi-family residential development and ancillary uses are conditionally permitted within SD-76 zoning district. Policy 1.3 of the General Plan Land Use Element encourages high-density residential development within the City's District Centers. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. I. Vesting Tentative Tract Map No. 2005-02 has been filed seeking approval of a vesting tentative tract map for the property located at 9 Hutton Centre (Cinema Towerlloft Building) for condominium purposes. 1. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: i. 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. The proposed subdivision, Vesting Tentative Tract Map No. 2005-02 is consistent with the District Center land use designation and density prescribed and all other elements of the General Plan. This project is not located within any specific plan area of the city. ii. 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. 2005-02 is in keeping with the Site Plan Review (Development Project No. 2003-77, 78, 79 and 80) Resolution No. 2005-064 Page 12 of 28 . . . iii. and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately three acres of land within SD-76, which is physically suitable for the residential development as proposed. Access to the site will occur on Hutton Centre Drive for automobiles. There are no physical constraints on the site to preclude development. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iv. v. Resolution No. 2005-064 Page 13 of 28 vi. The design or 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 is no easement for public access on this property, therefore the proposed project will not conflict with easements necessary for public access through or use of the property. Public access will be provided from East Hutton Centre Drive, MacArthur Boulevard and East Sandpointe Avenue. J. Vesting Tentative Tract Map No. 2005-03 has been filed seeking approval of a vesting tentative tract map for the property located at 10 East Hutton Centre Drive (Lake Towers) for condominium purposes. 1. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: i. 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. The proposed subdivision, Vesting Tentative Tract Map No. 2005-03 is consistent with the District Center land use designation and density prescribed and all other elements of the General Plan. This project is not located within any specific plan area of the city. ii. 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. 2005-03 is in keeping with the Site Plan Review (Development Project No. 2003-77, 78, 79 and 80) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. iii. The project site is physically suitable for the type and density of the proposed project. Resolution No. 2005-064 Page 14 of 28 . iv. . . v. The proposed site consists of approximately 2.8 acres of land within SD-76, which is physically suitable for the residential development as proposed. Access to the site will occur on East Hutton Centre Drive for automobiles. There are no physical constraints on the site to preclude development. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. vi. The design or 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 is no easement for public access on this property, therefore the proposed project will not conflict with easements necessary for public access through or use of the property. Public access will be provided from East Hutton Centre Drive, MacArthur Boulevard and East Sandpointe Avenue. Resolution No. 2005-064 Page 150128 K. Vesting Tentative Tract Map No. 2005-04 has been filed seeking approval of a vesting tentative tract map for the property located at 1 East Hutton Centre Drive and 101 East Sandpointe Avenue (Integral project) for condominium purposes. 1. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: i. 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. The proposed subdivision, Vesting Tentative Tract Map No. 2005-04 is consistent with the District Center land use designation and density prescribed and all other elements of the General Plan. This project is not located within any specific plan area of the city. ii. 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. 2005-04 is in keeping with the Site Plan Review (Development Project No. 2003-77, 78, 79 and 80) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. iii. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately four acres of land within SD-76, which is physically suitable for the residential development as proposed. Access to the site will occur on East Sandpointe Avenue and an internal driveway for automobiles. There are no physical constraints on the site to preclude development. Resolution No. 2005-064 Page 16 of 28 . . iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. v. vi. The design or 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 is no easement for public access on this property, therefore the proposed project will not conflict with easements necessary for public access through or use of the property. Public access will be provided from East Hutton Centre Drive, MacArthur Boulevard and East Sandpointe Avenue. L. Applicant has requested approval of Variance No. 2005-05 to reduce the required building setback on Hutton Centre Loop from 10 feet to a minimum setback of 7 feet, with an average setback of 12 feet, six inches for the property located at 10 East Hutton Centre Drive (Lake Towers). . Resolution No. 2005-064 Page 17 of28 1. SD-76 requires that all building maintain a setback of 10 feet on Hutton Centre Loop. 2. The City Council determines that the following findings which must be established, pursuant to Santa Ana Municipal Code Section 41- 638, in order to grant a variance, have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The setback reduction is necessary due to the design restrictions of the high-rise residential towers. The setback variance will allow the applicant the ability to create pedestrian linkages among the various land uses within SD-76 and to encourage the "urban edge" design concept by providing reduced setback along East Hutton Centre Drive. Further, the objectives of SD-76 promotes a visually harmonious development as viewed both internally and externally and to provide landscaping that is appropriate to the level of development and to encourage flexibility in development while achieving overall City and community goals. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop the property within a well-designed mixed-use community that is consistent with the SD-76 zoning district. Upgraded architectural materials and landscape palette will be incorporated throughout the proposed MacArthur Place South development to compensate the reduced setbacks. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2005-064 Page 18 of 28 . The granting of the setback variance will not be materially detrimental to the public welfare or injurious to surrounding property. The short-term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iv. That the granting of a variance will not adversely affect the General Plan of the City. . The granting of the variance will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking, tandem parking and setback requirements. The General Plan Land Use Element Policy 1.3 states high-density residential development within the City's District Centers as a part of a master- planned mixed-use development is supported. Also, Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. M. Applicant has requested approval of Variance No. 2005-07 to reduce the required parking by 336 parking spaces and to allow 104 tandem parking spaces, consisting of 52 end-to-end parking spaces, for the property located at 10 East Hutton Centre Drive (Lake Towers). 1. The parking standard for this use is found in Santa Ana Municipal Code Section 41-1322. 2. The City Council determines that the following findings which must be established, pursuant to Santa Ana Municipal Code Section 41- 638, in order to grant a variance, have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning . Resolution No. 2005-064 Page 19 of28 Resolution No. 2005-064 Page 20 of 28 ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided for the project during times of peak demand. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. The tandem parking will only be used as assigned parking for the residents. As such, the variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to allow reduction in parking requirement will preserve the property owner's ability to develop the property with a well- designed mixed-use community that is consistent with the SD-76 zoning district. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided on site in a combination of structured and surface parking and the adjacent office parking structure during times of peak demand. Additionally, a parking plan shall be provided by the applicant, prior to building plan check, to insure the parking facilities are not impacted by the tandem parking spaces. The granting of the variance to allow tandem parking will preserve the property owner's ability to develop the property with a well-designed mixed-use community that is consistent with the SD- 76 zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. . The granting of the variance to allow reduction in parking requirement or allowing the tandem parking will not be materially detrimental to the public welfare or injurious to surrounding property. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iv. That the granting of a variance will not adversely affect the General Plan of the City. . The granting of the variance to allow reduction in parking requirement or allowing tandem parking will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking, tandem parking, and setback requirements. The General Plan Land Use Element Policy 1.3 states high-density residential development within the City's District Centers as a part of a master- planned mixed-use development is supported. Also, Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. N. Applicant has requested approval of Variance No. 2005-10 to reduce the required parking by 164 parking spaces and to allow 66 tandem parking spaces, consisting of 33 end-to-end parking spaces, for the residential, retail and restaurant uses for the property located at 9 Hutton Centre Drive (Cinema Tower/Loft Building). 1. The parking standards for these uses are found in Santa Ana Municipal Code Sections 41-1322,41-1340,41-1341, and 41-1342. 2. The City Council determines that the following findings which must be established, pursuant to Santa Ana Municipal Code Section 41- 638, in order to grant a variance have been established: . Resolution No. 2005-064 Page 21 of 28 Resolution No. 2005-064 Page 22 of 28 i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided for the project during times of peak demand. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. The tandem parking will only be used as assigned parking for the residents. As such, the variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to allow reduction in parking requirement will preserve the property owner's ability to develop the property with a well- designed mixed-use community that is consistent with the SD-76 zoning district. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided on site in a combination of structured and surface parking and the adjacent office parking structure during times of peak demand. Additionally, a parking plan shall be provided by the applicant, prior to building plan check, to insure the parking facilities are not impacted by the tandem parking spaces. The granting of the variance to allow tandem parking will preserve the property owner's ability to develop the property with a well-designed mixed-use community that is consistent with the SD- 76 zoning district. . . . iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property . The granting of the variance to allow reduction in parking requirement or allowing the tandem parking will not be materially detrimental to the public welfare or injurious to surrounding property. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance to allow reduction in parking requirement or allowing tandem parking will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking, and tandem parking. The General Plan Land Use Element Policy 1.3 states high- density residential development within the City's District Centers as a part of a master-planned mixed-use development is supported. Also, Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. The granting of the variance for tandem parking will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements. O. Applicant has requested approval of Variance No. 2005-12 to reduce the required parking by 284 parking spaces and to allow 128 tandem spaces, which shall consisting of 64 end-to-end parking spaces, for the property Resolution No. 2005-064 Page 23 of 28 located at 1 East Hutton Centre Drive and 101 East Sandpointe Avenue (Integral Condominium project). 1. The parking standard for this use is found in Santa Ana Municipal Code Section 41-1322. 2. The City Council determines that the following findings which must be established, pursuant to Santa Ana Municipal Code Section 41- 638, in order to grant a variance have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided for the project during times of peak demand. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. The tandem parking will only be used as assigned parking for the residents. As such, the variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to allow reduction in parking requirement will preserve the property owner's ability to develop the property with a well- designed mixed-use community that is consistent with the SD-76 zoning district. The shared parking analysis, prepared by Kaku Associates, Inc. has determined that sufficient parking will be provided on site in a combination of structured and surface parking and the adjacent office parking structure during times of peak demand. Resolution No. 2005-064 Page 24 of 28 . iii. . . Additionally, a parking plan shall be provided by the applicant, prior to building plan check, to insure the parking facilities are not impacted by the tandem parking spaces. The granting of the variance to allow tandem parking will preserve the property owner's ability to develop the property with a well-designed mixed-use community that is consistent with the SD- 76 zoning district. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property . The granting of the variance to allow reduction in parking requirement or allowing the tandem parking will not be materially detrimental to the public welfare or injurious to surrounding property. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance to allow reduction in parking requirement or allowing tandem parking will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking, and tandem parking. The General Plan Land Use Element Policy 1.3 states high- density residential development within the City's District Centers as a part of a master-planned mixed-use development is supported. Also, Policy 2.2 supports commercial lad uses in adequate amounts to accommodate the City's needs for goods and services. Resolution No. 2005-064 Page 25 of 28 The granting of the variance for tandem parking will not adversely affect the General Plan of the City since the proposed MacArthur Place South mixed-use project was designed in conformance with City Zoning, Development, and General Plan requirements. Section 2. Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations was approved and adopted by resolution by the City Council on June 20, 2005. At the June 20, 2005 meeting, the City Council also adopted an ordinance approving Amendment Application No. 2005-01 and adopted an ordinance approving Development Agreement No. 2005- 02 for the property located at 1, 9, And 10 East Hutton Centre Drive and 101 East Sandpointe Avenue. This resolution incorporates by reference, as though fully set forth herein, the ordinances and resolution 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 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2005-10 as conditioned in Exhibit "A" attached hereto and incorporated herein for the Lake Towers residential project, 10 East Hutton Centre Drive. B. Conditional Use Permit No. 2005-11 as conditioned in Exhibit "B" attached hereto and incorporated herein for the Cinema Tower and Loft residential projects, 9 Hutton East Hutton Centre Drive. C. Conditional Use Permit No. 2005-12 as conditioned in Exhibit "C" attached hereto and incorporated herein for the Cinema Retail project, 9 Hutton East Hutton Centre Drive. D. Conditional Use Permit No. 2005-13 as conditioned in Exhibit "D" attached hereto and incorporated herein for the Cinema Restaurant project, 9 Hutton East Hutton Centre Drive. E. Conditional Use Permit No. 2005-15 as conditioned in Exhibit "E" attached hereto and incorporated herein for the Integral residential project, 1 East Hutton Centre Drive and 101 East Sandpointe Avenue. F. Vesting Tentative Tract Map No. 2005-02 (County Map No. 16621) as conditioned in Exhibit "F" attached hereto and incorporated herein for the Integral project, 1 East Hutton Centre Drive and 101 East Sandpointe Avenue. G. Vesting Tentative Tract Map No. 2005-03 (County Map No. 16622) as conditioned in Exhibit "G" attached hereto and incorporated herein for the Cinema Tower and Loft projects, 9 East Hutton Centre Drive. Resolution No. 2005-064 Page 26 of 28 . . . APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: Alvarez. Bist. Bustamante. Christy. Garcia. Pulido. Solorio (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY. Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-064 to be the original resolution adopted by the City Council of the City of Santa Ana on June 20. 2005. Date: 6My/t7 ~ / " / (---. /' - ./ )\ .------cc './L'<:.C~' Clerk of the Council J City of Santa Ana Resolution No. 2005-064 Page 28 of 28 .~ H. Vesting Tentative Tract Map No. 2005-04 (County Map No. 16626) as conditioned in Exhibit "H" attached hereto and incorporated herein for the Lake Towers project, 10 East Hutton Centre Drive. I. Variance No. 2005-05 as conditioned in Exhibit "I" attached hereto and incorporated herein to allow a reduction in setbacks for the Lake Towers project, 10 East Hutton Centre Drive. J. Variance No. 2005-07 as conditioned in Exhibit "J" attached hereto and incorporated herein for a reduction in parking and tandem parking for the Lake Towers project, 10 East Hutton Centre Drive. K. Variance No. 2005-10 as conditioned in Exhibit "K" attached hereto and incorporated herein for a reduction in parking for the Cinema residential, retail and restaurant uses and to allow tandem parking, 9 East Hutton Centre Drive. L. Variance No. 2005-12 as conditioned in Exhibit "L" attached hereto and incorporated herein to allow tandem parking for the Integral condominium project, 1 East Hutton Centre Drive and 101 East Sandpointe Avenue. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated June 20, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS-2691 becomes effective. If said ordinance is 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 resolution shall be null and void and have no further force and effect. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Cler!< of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 20th day of June, 2005 Resolution No. 2005-064 Page 27 of 28 . . . Conditions for Approval for Conditional Use Permit No. 2005-10 Conditional Use Permit No. 2005-10 (Lake Towers) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: . The applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-79. 2. 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. 3. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to building plan check. 4. The project shall incorporate on-site professional property management for the residential component. 5. Balconies for the project shall maintain a minimum dimension of not less than six feet in any direction. 6. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the project. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non- peak periods shall be submitted prior to building plan check. 7. Prior to submittal into building plan check, detailed elevations shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Manager. Exhibit "A" Page 1 of 15 8. All parking for the project shall be made available free of charge. Two parking spaces per dwelling unit shall be provided as a part of the deed for each dwelling unit. 9. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 10. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1, attached hereto as Attachment 1 and incorporated by this reference as though fully set forth herein. The exact specifications for these items are subject to the review and approval of the Planning Commission. 11. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 12. A detailed amenity deck plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenity deck shall be maintained in the same condition as installed at the time of occupancy. 13. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within the motor court, elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Commission. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 14. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool and spa on the amenity deck. The exact specifications for these items are subject to the review and approval of the Planning Commission. Exhibit "A" Page 2 of 15 . 15. An interior building amenity plan of the fitness rooms, lounge, yoga room and spas must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. 16. The following items must be included as interior amenities within the common areas: Concierge services for the residents, granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Manager. 17. The following items must be included as interior amenities within each unit: granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook- ups. The exact specifications for these items are subject to the review and approval of the Planning Manager. . 18. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Manager. 19. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Attachment 2 and incorporated by this reference as though fully set forth herein. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 20. One storage locker shall be provided for each residential unit. The lockers shall be available at no cost to the residents and shall be a minimum of 192 cubic feet in size. 21. Cast iron drain pipes shall be provided for the project. 22. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. . Exhibit "A" Page 3 of 15 23. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 25. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. Mitiaation Measures 26. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours, outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 27. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 28. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 29. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 30. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. 31. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. Exhibit "A" Page 4 of 15 . 32. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. 33. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 34. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: . All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . . All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. . All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12- inches. . Construction equipment leaving the project site shall be wheel washed. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . . Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. Exhibit "A" Page 5 of 15 · To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. · Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. · To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 35. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 36. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 37. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 38. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. . Use low-polluting high energy-efficient appliances . Install solar panels on roofs to supply electricity for heating and cooling . Use double-paned windows to reduce thermal loss . Install automatic lighting on/off controls and energy-efficient lighting . Use light colored roofing materials in new construction to deflect heat away from buildings. 39. During grading operations, special handling of on-site soils shall be required due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior Exhibit "A" Page 6 of 15 . 40. 41. 42. to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water-proof barrier between the existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 43. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 44. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. . 45. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 46. Prior to issuance of grading permits, the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. . Exhibit "A" Page 7 of 15 47. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 48. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 49. The residential management companies shall ensure that post- construction Best Management Practices (BMPs) are strictly adhered to by all building occupants and tenants. 50. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 51. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 52. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMPs identified in the Water Quality Management Plan. 53. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 54. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMPs from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. Exhibit "A" Page 8 of 15 . 55. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 56. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 57. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMPs for construction and operation conditions. 58. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. . 59. Prior to the issuance of grading permits, the project developer shall verify that structural BMPs have been permanently incorporated into project plans. Such BMPs shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 60. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 61. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 62. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. . 63. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, Exhibit "AU Page 9 of 15 and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 64. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 65. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 66. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 67. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. 68. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 69. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 70. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20-feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Exhibit "A" Page 10 of 15 . Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on Saturday. 71. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 72. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 73. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. . 74. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. 75. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 76. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 77. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. . 78. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Exhibit "A" Page 11 of 15 Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 79. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 80. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 81. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 82. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 83. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. 84. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 85. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 86. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 87. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. Exhibit "A" Page 12 of 15 . 88. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR- 55 southbound on-ramp. 89. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of anta Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 90. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 91. Prior to issuance of building occupancy permits the project developer shall pay a fair-share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. . 92. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. 93. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 94. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 95. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. . 96. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. Exhibit "A" Page 13 of 15 97. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 98. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 99. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced with a new 10-inch sewer line. 100. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 101. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with Exhibit "A" Page 14 of 15 . . . security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Exhibit "A" Page 15 of 15 . . . Conditions for Approval for Conditional Use Permit No. 2005-11 Conditional Use Permit No. 2005-11 (Cinema Tower/Lofts) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-80. 2. 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. 3. The project shall incorporate on-site professional property management for both the residential and office components. 4. Prior to submittal into building plan check, revised plans for the Cinema Loft building shall be submitted for review. The plans shall include details on the materials and finishes proposed for the building. 5. Bedrooms are prohibited on the ground (first) floor of the Cinema Loft building. 6. Prior to submittal into building plan check, detailed elevations shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Manager. 7. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to building plan check. 8. All parking for the project shall be made available free of charge. The parking spaces per dwelling unit shall be provided as a part of the deed for each dwelling unit. Exhibit "B" Page 1 of 15 9. Balconies for the project shall maintain a minimum dimension of not less than six feet in any direction. 10. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the project. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies and a restriction on truck delivery hours to non- peak periods shall be submitted prior to building plan check. 11. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 12. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1, attached hereto as Attachment 1 and incorporated by this reference as though fully set forth herein. The exact specifications for these items are subject to the review and approval of the Planning Commission. 13. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 14. A detailed amenity deck plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenity deck shall be maintained in the same condition as installed at the time of occupancy. 15. An interior building amenity plan of the gym and loft lounge must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. 16. The following items must be included as interior amenities within the common areas: Concierge services for the residents, granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact Exhibit "A" Page 2 of 15 . specifications for these items are subject to the review and approval of the Planning Manager. 17. The following items must be included as interior amenities within each unit: granite counter tops, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, individual laundry hook-ups, stain grade hardwood cabinets and fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Manager. 18. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Manager. . 19. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Attachment 2 and incorporated by this reference as though fully set forth herein. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 20. One storage unit shall be provided for each residential unit. The units shall be available at no cost to the residents, may be located in each unit or the parking structure and shall be a minimum of 144 cubic feet in size. 21. Cast iron drain pipes shall be provided for the project. 22. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. 23. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. . 25. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. Exhibit "B" Page 3 of 15 Mitiaation Measures 26. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 27. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 28. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 29. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 30. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. 31. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. 32. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. 33. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of the construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. Exhibit "A" Page 4 of 15 . 34. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: . All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged). . Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. . All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12- inches. . . Construction equipment leaving the project site shall be wheel washed. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. . To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. . Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. . To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. . Exhibit "B" Page 5 of 15 35. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 36. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 37. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 38. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. . Use low-polluting high energy-efficient appliances . Install solar panels on roofs to supply electricity for heating and cooling . Use double-paned windows to reduce thermal loss . Install automatic lighting on/off controls and energy-efficient lighting . Use light colored roofing materials in new construction to deflect heat away from buildings. 39. During grading operations special handling of on-site soils shall be required, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 40. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 41. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water-proof barrier between the Exhibit "A" Page 6 of 15 . 42. 43. 44. existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 45. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. . 46. Prior to issuance of grading permits, the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. 47. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 48. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. . Exhibit "B" Page 7 of 15 49. The residential management companies shall ensure that post- construction Best Management Practices (BMP's) are strictly adhered to by all building occupants and tenants. 50. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 51. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 52. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMP's identified in the Water Quality Management Plan. 53. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 54. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMP's from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 55. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 56. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. Exhibit "A" Page 8 of 15 . 57. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMP's for construction and operation conditions. 58. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 59. Prior to the issuance of grading permits, the project developer shall verify that structural BMP's have been permanently incorporated into project plans. Such BMP's shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 60. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 61. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. . 62. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 63. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 64. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. . Exhibit "B" Page 9 of 15 65. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 66. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 67. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. 68. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 69. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 70. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20 feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on Saturday. 71. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. Exhibit "A" Page 10 of 15 . 72. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 73. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 74. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. 75. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. . 76. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 77. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. 78. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. . 79. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. Exhibit "B" Page 11 of 15 80. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 81. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 82. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 83. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. 84. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 85. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 86. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 87. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 88. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drivellmperial Promenade and the SR- 55 southbound on-ramp. Exhibit "A" Page 12 of 15 . 89. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of Santa Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 90. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 91. Prior to issuance of building occupancy permits, the project developer shall pay a fair-share contribution for restriping a second eastbound right- turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 92. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. . 93. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 94. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 95. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. 96. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. . 97. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. Exhibit "B" Page 13 of 15 98. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 99. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced with a new 10-inch sewer line. 100. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 101. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. Exhibit "A" Page 14 of 15 . . . 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Exhibit "8" Page 15 of 15 . . . Conditions for Approval for Conditional Use Permit No. 2005-12 Conditional Use Permit No. 2005-12 (Retail) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-78. 2. 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. 3. The project shall incorporate on-site professional property management for the commercial component. 4. A Parking Management Plan must be submitted prior to building plan check. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery hours to non-peak periods shall be submitted prior to building plan check. 5. A Sign Program addressing wall and monument signage for the building and the entire development must be submitted to the Planning Commission for approval prior to submittal into building plan check. The sign program shall include details of the signage (text, materials) as well as a maintenance plan delineating the long-term repair and replacement of any graphic. 6. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 7. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and Exhibit "C" Page 1 of 14 approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 8. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1 attached hereto as Attachment 1 and incorporated by this reference as though fully set forth herein. The exact specifications for these items are subject to the review and approval of the Planning Commission. 9. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 10. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include at least one water feature between the retail building and the Cinema Tower, details on the hardscape design and lighting concepts and an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 11. The following items must be included as exterior amenities for the development: Enhanced paving in the retail parking lot, the retail walkways and the retail courtyard, and at least one water feature as shown on the site plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenities shall be completely installed prior to issuance of a certificate of occupancy for the building. The exterior amenities shall be maintained in the same condition as installed at the time of occupancy. 12. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Attachment 2 and incorporated by this reference as though fully set forth herein. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 13. Development, operational and maintenance standards shall be established for the number, style and location of outdoor seating. The Exhibit "A" Page 2 of 15 . 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. This seating shall be reviewed and approved in conjunction with the landscape plan and must be submitted prior to building plan check. 14. Trash receptacles shall be located in high activity areas, such as plazas and other public open spaces. The style of the receptacles shall be compatible with other plaza furnishings. 15. All street furniture surfaces, pedestrian level walls and amenities shall incorporate graffiti resistant coatings. 16. A floor plan of the project shall be submitted to the Planning Manager for approval. The plan shall ensure that direct visibility into the tenant spaces is maintained and glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 17. Public payphones, if provided, may only be located within buildings. . 18. Prior to submittal into building plan check, detailed elevations shall be submitted that include exterior finishes, materials, and colors. The elevations are subject to the review and approval of the Planning Manager. 19. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 20. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. Mitiaation Measures 21. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. . 22. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. Exhibit "C" Page 3 of 14 23. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 24. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 25. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. 26. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. 27. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. 28. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of the construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 29. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: . All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. Exhibit "A" Page 4 of 15 . . Intemal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. . All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12- inches. . Construction equipment leaving the project site shall be wheel washed. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. . To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. . . Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. . To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 30. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. . 31. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. Exhibit "C" Page 5 of 14 32. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 33. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. . Use low-polluting high energy-efficient appliances . Install solar panels on roofs to supply electricity for heating and cooling . Use double-paned windows to reduce thermal loss . Install automatic lighting on/off controls and energy-efficient lighting . Use light colored roofing materials in new construction to deflect heat away from buildings. 34. During grading operations special handling of on-site soils shall be required, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 35. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 36. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water-proof barrier between the existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. 37. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 38. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. Exhibit "A" Page 6 of 15 . 39. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 40. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 41. Prior to issuance of grading permits the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. . 42. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 43. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 44. The residential management companies shall ensure that post- construction Best Management Practices (BMP's) are strictly adhered to by all building occupants and tenants. 45. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. . 46. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper Exhibit "C" Page 7 of 14 precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 47. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMP's identified in the Water Quality Management Plan. 48. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 49. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMP's from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 50. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 51. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 52. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMP's for construction and operation conditions. 53. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 54. Prior to the issuance of grading permits, the project developer shall verify that structural BMP's have been permanently incorporated into project plans. Such BMP's shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. Exhibit "A" Page 8 of 15 . 55. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 56. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 57. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 58. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. . 59. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 60. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 61. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. . 62. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Exhibit "C" Page 9 of 14 Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. 63. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 64. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 65. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20 feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 62, pile driving shall not commence prior to 8:00 a.m. on Saturday. 66. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 67. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 68. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 69. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. Exhibit "A" Page 10 of 15 . 70. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 71. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 72. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. . 73. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 74. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 75. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 76. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 77. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. . 78. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Exhibit "C" Page 11 of 14 Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. 79. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 80. Prior to issuance of building occupancy penmits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hulton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 81. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 82. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hulton Centre Loop. 83. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR- 55 southbound on-ramp. 84. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of Santa Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 85. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 86. Prior to issuance of building occupancy permits, the project developer shall pay a fair-share contribution for restriping a second eastbound right- turn lane the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 87. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead Exhibit "A" Page 12 of 15 . 88. 89. 90. 91. . electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. 92. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 93. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 94. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced with a new 10-inch sewer line. 95. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. . Exhibit "C" Page 13 of 14 96. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Exhibit "An Page 14 of 15 . . . Conditions for Approval for Conditional Use Permit No. 2005-13 Conditional Use Permit No. 2005-13 (Restaurant) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-78. 2. 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. 3. A Parking Management Plan must be submitted prior to building plan check. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery hours to non-peak periods shall be submitted prior to building plan check. 4. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan shall be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 5. A Sign Program addressing wall and monument signage on the building and for the entire development must be submitted to the Planning Commission for approval prior to submittal into building plan check. The sign program shall include details of the signage (text, materials) as well as a maintenance plan delineating the long-term repair and replacement of any graphic. 6. Prior to submittal into building plan check, detailed elevations shall be submitted that include exterior finishes, materials, and colors. The plans are subject to the review and approval of the Planning Manager. 7. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and Exhibit "D" Page 1 of 14 approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 8. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1 attached hereto as Attachment 1 and incorporated by this reference as though fully set forth herein. The exact specifications for these items are subject to the review and approval of the Planning Commission. 9. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 10. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include at least one water feature to be located between the restaurant building and Cinema Tower, details on the hardscape design and lighting concepts and an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 11. The following items must be included as exterior amenities for the development: Enhanced paving in the retail and restaurant parking lot, the retail walkways, the retail courtyard and at least one water feature. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenities shall be completely installed prior to issuance of a certificate of occupancy for the building. The exterior amenities shall be maintained in the same condition as installed at the time of occupancy. 12. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Attachment 2 and incorporated by this reference as though fully set forth herein. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 13. Development, operational and maintenance standards shall be established for the number, style and location of outdoor seating. The Exhibit "A" Page 2 of 15 . 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. This seating shall be reviewed and approved in conjunction with the landscape plan and must be submitted prior to building plan check. 14. Trash receptacles shall be located in high activity areas, such as plazas and other public open spaces. The style of the receptacles shall be compatible with other plaza furnishings. 15. All street furniture surfaces, pedestrian level walls and amenities shall incorporate graffiti resistant coatings. 16. A floor plan of the project shall be submitted to the Planning Manager for approval. The plan shall ensure that direct visibility into the tenant spaces is maintained and glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. 17. Public payphones, if provided, may only be located within buildings. . 18. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 19. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. Mitiaation Measures 20. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 21. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. . 22. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. Exhibit "D" Page 3 of 14 23. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 24. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. 25. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. 26. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. 27. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of the construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 28. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: . All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto Exhibit "A" Page 4 of 15 . . MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. . All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12- inches. . Construction equipment leaving the project site shall be wheel washed. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. . To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. . Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. . To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 29. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 30. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 31. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. . Exhibit "0" Page 5 of 14 32. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. . Use low-polluting high energy-efficient appliances . Install solar panels on roofs to supply electricity for heating and cooling . Use double-paned windows to reduce thermal loss . Install automatic lighting on/off controls and energy-efficient lighting . Use light colored roofing materials in new construction to deflect heat away from buildings. 33. During grading operations special handling of on-site soils shall be required, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 34. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 35. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water- proof barrier between the existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. 36. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 37. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 38. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Exhibit "A" Page 6 of 15 . Uniform Building Code in order to promote safety in the event of a seismic event. 39. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 40. Prior to issuance of grading permits the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. . 41. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 42. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 43. The residential management companies shall ensure that post- construction Best Management Practices (BMP's) are strictly adhered to by all building occupants and tenants. 44. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. . 45. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. Exhibit "0" Page 7 of 14 46. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMP's identified in the Water Quality Management Plan. 47. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 48. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMP's from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 49. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 50. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 51. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMP's for construction and operation conditions. 52. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 53. Prior to the issuance of grading permits, the project developer shall verify that structural BMP's have been permanently incorporated into project plans. Such BMP's shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 54. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. Exhibit "An Page 8 of 15 . 55. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 56. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 57. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. . 58. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 59. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 60. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 61. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. . 62. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall Exhibit "D" Page 9 of 14 adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 63. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 64. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20 feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 61, pile driving shall not commence prior to 8:00 a.m. on Saturday. 65. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 66. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 67. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 68. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. 69. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. Exhibit "A" Page 10 of 15 . 70. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 71. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. 72. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. . 73. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 74. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 75. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 76. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 77. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. . 78. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of Exhibit "0" Page 11 of 14 the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 79. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 80. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 81. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 82. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR- 55 southbound on-ramp. 83. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of anta Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 84. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 85. Prior to issuance of building occupancy permits the project developer shall pay a fair-share contribution for restriping a second eastbound right-turn lane the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 86. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. Exhibit "AU Page 12 of 15 . 87. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 88. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 89. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. 90. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. . 91. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 92. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 93. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced with a new 10-inch sewer line. 94. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. . 95. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly Exhibit "D" Page 13 of 14 disposed of in compliance with California environmental laws, regulations and policies. B. Police DeDartment 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Exhibit "A" Page 14 of 15 . . . Conditions for Approval for Conditional Use Permit No. 2005-15 Conditional Use Permit No. 2005-15 (Integral) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-77. 2. 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. 3. Bedrooms are prohibited on the ground (first) floor of the live/work loft units. 4. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to building plan check. 5. All parking for the project shall be made available free of charge. Two parking spaces per dwelling unit shall be provided as a part of the deed for each dwelling unit. 6. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 7. The project shall incorporate on-site professional property management for the residential component. 8. A gas fireplace shall be provided within the community room. Exhibit "E" Page 1 of 15 9. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the project. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies and a restriction on truck delivery hours to non- peak periods shall be submitted prior to building plan check. 10. Prior to submittal into building plan check, detailed elevations shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Manager. 11. Prior to submittal into building plan check, detailed plans of the pedestrian paseo shall be submitted that include enhancements to landscape, hardscape, lighting and street furniture subject to approval of the Planning Manager. 12. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 13. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the materials, finishes and lighting for the Public Plaza at the northwest corner of site as well as the overall hardscape design, lighting concepts and outdoor furniture for the project. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1, attached hereto as Attachment 1 and incorporated by this reference as though fully set forth herein, and the conceptual landscaping plans for the project. The exact specifications for these items are subject to the review and approval of the Planning Commission. 14. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 15. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of three water features as shown on Attachment 2 and incorporated by this reference as though fully set forth herein (Integral site plan), design details, hardscape design and lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Commission. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. Exhibit "A" Page 2 of 15 . 16. The following items must be included as exterior amenities for the development: A pool and spa, lounge deck, outdoor gas fireplace, shade structure, fitness room and clubroom within Recreation Area 1; and a game table, seating area, barbeque and tot lot within Recreation Area 2. In addition, landscaping consisting of both trees and plant materials shall be provided. The exact specifications for these items must be shown on a detailed plan and are subject to the review and approval of the Planning Commission. The exterior amenities shall be maintained in the same condition as installed at the time of occupancy. 17. The interior courtyard improvements for the project shall be completely installed prior to the release of utilities for any unit within its respective phase of this project. . 18. An interior amenity plan of the fitness room and club room must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. At a minimum, the following items must be included as interior amenities within the common areas: Granite counter tops or equivalent, hardwood flooring or equivalent, tiled bathroom and shower walls, and a gas fireplace. The exact specifications for these items are subject to the review and approval of the Planning Manager. The interior amenities shall be maintained in the same condition as installed at the time of occupancy. 19. The following items must be included as interior amenities within each unit: granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, individual laundry hook-ups, stain grade hard wood cabinets and fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Manager. 20. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Attachment 3 and incorporated by this reference as though fully set forth herein. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. . 21. One storage locker shall be provided for each residential unit. The lockers shall be available at no cost to the residents and shall be a minimum of 250 cubic feet in size. Exhibit "En Page 3 of 15 22. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. 23. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 25. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. Mitiaation Measures 26. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 27. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 28. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 29. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 30. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. 31. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on Exhibit "A" Page 4 of 15 . 32. 33. 34. . . the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of the construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: . All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. . All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12- inches. . Construction equipment leaving the project site shall be wheel washed. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Exhibit "E" Page 5 of 15 · Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. . To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. . Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. . To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 35. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 36. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 37. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 38. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. . Use low-polluting high energy-efficient appliances . Install solar panels on roofs to supply electricity for heating and cooling . Use double-paned windows to reduce thermal loss . Install automatic lighting on/off controls and energy-efficient lighting . Use light colored roofing materials in new construction to deflect heat away from buildings. 39. During grading operations special handling of on-site soils shall be required, due to the high moisture content of the soils, which is well above Exhibit "A" Page 6 of 15 . optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 40. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 41. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water-proof barrier between the existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. . 42. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 43. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 44. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 45. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. . 46. Prior to issuance of grading permits the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control Exhibit "E" Page 7 of 15 measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. 47. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 48. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 49. The residential management companies shall ensure that post- construction Best Management Practices (BMP's) are strictly adhered to by all building occupants and tenants. 50. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 51. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 52. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMP's identified in the Water Quality Management Plan. 53. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 54. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan Exhibit "A" Page 8 of 15 . 55. 56. 57. 58. (DAMP), and the City's Local Implementation Plan (LIP). BMP's from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMP's for construction and operation conditions. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 59. Prior to the issuance of grading permits, the project developer shall verify that structural BMP's have been permanently incorporated into project plans. Such BMP s shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. . 60. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 61. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 62. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 63. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall . Exhibit "E" Page 9 of 15 be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 64. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 65. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 66. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 67. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. 68. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 69. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 70. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20 feet. With the exception of points of access to the enclosure area, there shall Exhibit "A" Page 10 of 15 . be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 65, pile driving shall not commence prior to 8:00 a.m. on Saturday. 71. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 72. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 73. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. . 74. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. 75. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 76. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. . 77. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. Exhibit "En Page 11 of 15 78. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 79. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 80. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 81. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 82. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 83. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. 84. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 85. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 86. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. Exhibit "A" Page 12 of 15 . 87. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 88. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR- 55 southbound on-ramp. 89. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of anta Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 90. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. . 91. Prior to issuance of building occupancy permits the project developer shall pay a fair-share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 92. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. 93. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 94. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 95. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. . 96. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact Exhibit "E" Page 13 of 15 location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. 97. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 98. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 99. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced with a new 10-inch sewer line. 100. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 101. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. Exhibit "A" Page 14 of 15 . 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. . . Exhibit "E" Page 15 of 15 . . . Conditions for Approval for Vestine! Tentative Tract Map No. 2005-02 (Countv Map No. 16621) Vesting Tentative Tract Map No. 2005-02 (County Map No. 16621) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Plannine! Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-77). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. 5. 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. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. 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. Exhibit "F" Page 1 of2 9. At least 90 days prior to the issuance of the final map, applicant shall request written verification from the City of Santa Ana Public Works Agency that sufficient water supply is available for this project. Exhibit "A" Page 2 of 15 . . . Conditions for Approval for Vestina Tentative Tract Map No. 2005-03 (County Map No. 16622) Vesting Tentative Tract Map No. 2005-03 (County Map No. 16622) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-77). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. 5. 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. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. 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. Exhibit "G" Page 1 of2 9. At least 90 days prior to the issuance of the final map, applicant shall request written verification from the City of Santa Ana Public Works Agency that sufficient water supply is available for this project. Exhibit "Au Page 2 of 15 . . . Conditions for Approval for Vestina Tentative Tract Map No. 2005-04 (County Map No. 16626) Vesting Tentative Tract Map No. 2005-04 (County Map No. 16626) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planninq Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-77). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. 5. 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. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. 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. Exhibit "H" Page 1 of 2 9. At least 90 days prior to the issuance of the final map, applicant shall request written verification from the City of Santa Ana Public Works Agency that sufficient water supply is available for this project. Exhibit "A" Page 2 of 15 . . . Conditions for Approval for Variance No. 2005-05 Variance No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-79. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the retail area and private podium. Exhibit "I" . . . Conditions for Approval for Variance No. 2005-07 Variance No. 2005-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-79. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to building plan check. 4. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery hours to non-peak periods shall be submitted prior to building plan check. 5. Conditions, Covenants and Restrictions (CC&Rs) shall be provided for the project. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, and the prohibition of storage on balconies. Exhibit "J" . . . Conditions for Approval for Variance No. 2005-10 Variance No. 2005-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-80. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A Parking Management Plan documenting how the shared and tandem parking stalls will function must be submitted prior to building plan check. 4. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery hours to non-peak periods shall be submitted prior to building plan check. 5. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. Exhibit "K" . . . Conditions for Approval for Variance No. 2005-12 Variance No. 2005-12 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-77. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A Parking Management Plan documenting how the shared and tandem parking stalls will function must be submitted prior to building plan check. 4. Covenants, Conditions and Restrictions (CC&R's) that restrict truck delivery hours to non-peak periods shall be submitted prior to building plan check. 5. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. Exhibit "L"