HomeMy WebLinkAbout75A - PH 3500 W LAKE CENTER DRIVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 16, 2013
TITLE:
PUBLIC HEARING — SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1990 -03 TO
ALLOW AN EXTENSION OF TIME FOR A
PORTION OF THE LAKE CENTER OFFICE
PARK AT 3500 WEST LAKE CENTER DRIVE —
C.J. SEGERSTROM AND SONS, APPLICANT
r
CITY MANAGE
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1st Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving the second amendment to Development Agreement No. 1990 -03.
PLANNING COMMISSION ACTION
On November 25, 2013, the Planning Commission recommended that the City Council adopt an
ordinance approving the second amendment to Development Agreement No. 1990 -03 by a vote of
5:0 (Crespo and Gartner absent) in order to extend the term of the development agreement for an
additional ten years for the Lake Center Office Park at 3500 West Lake Center Drive located in the
Specific Development No. 58 (SD -58) zoning district. The Planning Commission made no
changes to the terms of the agreement as outlined in the attached staff report (Exhibit A).
DISCUSSION
This action allowed for an extension of an existing development agreement first approved in
1990. It will allow for the future development of the remaining parcels at the Lake Center Office
Park.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Trevino
Executive Director
Planning and Building Agency
VF: rb vt\reporWADA 90-3 3500 Lake Centeccc
Exhibit: A. Planning Commission Staff R2 port
75A -1
75A -2
REQUEST FOR
• • • r
NOVEMBER 25, 2013
TITLE:
PUBLIC HEARING — SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1990.03 TO
ALLOW AN EXTENSION OF TIME FOR A PORTION
OF THE LAKE CENTER OFFICE PARK AT 3500
WEST LAKE CENTER DRIVE
Prepared by _Vince Free oso -
•
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
DENIED
• Applicant's Request
• Staff Recommendation
CONTINUED TO
Executive Director Planning Manager
RECOMMENDED ACTION
Recommend that the City Council adopt an ordinance approving the second amendment to
Development Agreement No. 1990.03.
DISCUSSION
Request of the Applicant
Justin McCusker of C.J. Segerstrom & Sons is requesting approval of a second amendment to the
previously approved Development Agreement No. 1990 -03 in order to extend the term of the
development agreement for an additional 10 years.
Project Location and Site Description
The subject sites are located within the Lake Center Office Park, a master planned office complex
which is comprised of properties generally located on both sides of Lake Center Drive and Susan
Street. The Lake Center Office Park encompasses approximately 33 -acres of land that is currently
developed with commercial, office and school uses as well as several large vacant parcels. The three
vacant parcels that are the subject of this application total 10.455 acres and are located south of Lake
Center Drive on both the east and west sides of Susan Street. Two additional developed parcels
owned by the applicant are also subject to this application.
The site is surrounded by a combination of commercial, office, educational and industrial uses to the
north, south, east and west (Exhibits 1, 2 and 3).
Proiect Description
The applicant is requesting approval to extend the term of the previously approved development
agreement for the Lake Center Office Park by an additional 10 years. Currently, the development
agreement is set to expire in October 2015. No new development is proposed at this time for the
Lake Center Office Park. EXHIBIT A
75A -3
Amendment to Development Agreement No. 1990 -03
November 25, 2013
Page 2
Project Background
In October 1990, Development Agreement No. 1990 -03 was approved to allow the development of
the master planned, 33 -acre Lake Center Office Park development (Exhibit 4). In conjunction with the
approval of the development agreement, the Specific Development No. 58 (SD -58) zoning district was
approved. This zoning designation established the zoning and development standards for future
development of the Lake Center properties. Since its approval, the office park has been improved
with several office complexes. In addition, one of the parcels is used by the adjacent Calvary Chapel
School for use as a ball field.
In June 2005, the City approved the first amendment to the development agreement and extended
the term of'the development agreement by an additional 10 years to October 2015 (Exhibit 5).
General Plan and Zoning Analysis
The General Plan land use designation for the site is Industrial (IND), which primarily allows
manufacturing and industrial uses along with support commercial activities. Industrial districts are
designed to provide employment opportunities for local residents and generate municipal revenues
or continued economic development. Although the proposed project is not consistent with the
General Plan land use designation, the Lake Center Office Park was entitled when office
development was consistent with the industrial land use designation. Since the development
agreement and specific development zoning designation allows office development, the use is
considered to be consistent with the General Plan.
The zoning for the site is Specific Development No. 58 (SD -58). The existing office and
educational uses are consistent with this zoning designation.
Project Analysis
In 1990, the City approved several entitlements, including a development agreement, for the Lake
Center Office Park. The development agreement established development intensity, permitted
uses and development standards for the term of the agreement as well as required certain public
improvements. As three of the parcels still remain vacant, C.J. Segerstrom & Sons is requesting an
amendment to the development agreement to extend it for a period of 10 years. The request would
apply to the three vacant parcels currently owned by C.J. Segerstrom & Sons that are located in the
SD -58 zoning district. Further, the proposal would not change any current entitlements or zoning.
The original term of the development agreement, which was approved in October 1990, was for 15
years. In October 2005, the development agreement ent was extended for an additional 10 years, with a
current expiration date of Ocfober 2015.
75A -4
Amendment to Development Agreement No. 1990 -03
November 25, 2013
Page 3
A significant shift in the local and national economy had occurred the past several years that severely
impacted the real estate and development market. Evidence of the severe nature of the economic
downturn in real estate development is apparent as only three of the 14 larger projects originally
approved since the late 2000's have been built, with office development such as Lake Center
practically nonexistent.
Although C.J. Segerstrom & Sons does not have any immediate plans pending for the development
of these properties, the economy has improved enough that they still intend to construct on the vacant
sites per the SD -58 standards and provisions of the development agreement. The applicant is
satisfied with the current terms and conditions of the existing development agreement and would like
to extend it for 10 years. In order to provide flexibility to the applicant and allow the remainder of
the office park to be constructed, staff finds that the amendment to the development agreement
allowing the 10 -year time extension will provide for the continued implementation of the previously
approved project in furtherance of the provisions of SD- 58(Exhibit 6). If the extension is not
approved, the project would have to comply with any changes that are made to the SD zoning
document and would be subject to additional environmental review and mitigation.
Public Notification
The project site is not located within a neighborhood association. The project site itself was posted
with a notice advertising this public hearing, a notice was published in the Orange County Reporter
and mailed notices were sent to all property owners and tenants within 500 feet of the project site,
as well as concerned citizens listed on the Permanent Notification List. At the time of this printing,
no correspondence, either written or electronic, had been received from any members of the
public.
CEQA Analysis
In accordance with the California Environmental Quality Act, t
determined to be adequately evaluated in the previously
Development Final Environmental Impact Report ER No. 1989 -01.
l
Vince Fregoso, A(CP
Principal Planner
VF:jm
OreportsWbA 90 -3 3500 Lake Cen(er.112513.pc.
75A -5
he proposed request has been
certified Lake Center Specific
Amendment to Development Agreement No. 1990 -03
November 25, 2013
Page 4
Attachments:
Exhibit 1 — General Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photo
Exhibit 4 — Original (1990) Development Agreement
Exhibit 5 — First Amendment to Development Agreement
Exhibit 6 — Second Amendment to Development Agreement
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75A -8
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990 -03
3500 WEST LAKE CENTER DRIVE
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
90- 625289 lq-
iECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-252 PM NOW'90 749
(Above Space for Recorder's Use Only)
DEVELOPMENT AGREEMENT
FOR LAKE CENTER PROFESSIONAL OFFICE PARK
THIS DEVELOPMENT AGREEI I (1'DeveJ,p�m�nt Agreement ")
is made and entered into this y�C day of 4 fb. , 1990, by
and between the CITY OF SANTA ANA, a municipal corporation
organized and existing under the laws of the State of
California ( "City "), and CALIFORNIA PACIFIC PROPERTIES, a
California general partnership ( "Developer ").
R E C I T A L S:
A. California Government Code SS 65864 gt sea.
provide that the legislative body of a city may enter into a
development agreement with persons having legal or equitable
interests in real property for the development of real
property in order to, among other things: (i) vest certain
rights in the developer; (ii) provide certainty in the
approval of development projects in order to avoid the waste
of resources,; (iii) encourage investment in and commitment to
comprehensive planning which will make maximum efficient
utilization of resources at the least economic cost to the
public; (iv) strengthen the public planning process and
encourage private participation in comprehensive planning;
and (v) reduce the economic costs of development by providing
assurance to the developer that the developer may proceed
with its projects in accordance with existing policies,
rules, and regulations subject to conditions of approval.
B. Pursuant to California Government Code Section
65865, the City has adopted its Resolution No. 82 -92,
establishing procedures and requirements for the approval of
development agreements. Developer has applied to the City
pursuant to California Government Code Sections 65864-
65869.5, and pursuant to said Resolution for approval of the
Development Agreement set forth herein.
0011\DSC\CAL— PAC \CAL— PAC.AG4
EXHIBIT 4
i5A -•11
. '750
C. The City desires to enter into this Development
Agreement with Developer in order to facilitate the
development of certain property (the "Property ") known as
"Lake Center Professional Office Park" (the "Development "),
more fully described in'Exhibit A and shown on the map set
forth on Exhibit B, both attached hereto. Such development
shall be in accordance with (i) Specific Development Plan
No. 58, adopted by the same ordinance of the City which
approved this Development Agreement (the "Plan ") and (ii)
Existing Development Regulations (as defined below); provided
however, no use which is permitted only pursuant to the
issuance of a conditional use permit by the Plan shall be
considered part of the "Development" within the scope of this
Development Agreement, The City has given notice of its
intention to adopt this proposed Development Agreement, has
conducted public hearings thereon pursuant to Government Code
Section 65867, and the City's Resolution No. 82 -98 and has
found that the provisions of this Development Agreement and
its purposes are consistent with the objectives, policies,
general land uses and programs specified in the City's
General Plan, the Plan, and the Existing Development
Regulations. In connection with its approval of the
Development, a Final Environmental Impact Report ("EIR") was
prepared and certified by the City Council on 6o.T r+t t
D. Developer has engaged, prior to the date of this
Development Agreement, in substantial development activity on
the Property, and has completed approximately fifty percent
(50 %) of the construction of the Development Plan. In the
course of this work, Developer has provided significant
public benefits and has invested substantial amounts of money
in reliance on project approvals. Continued development of
the Property will require the construction of substantial
public improvements in various phases, many of which
improvements will benefit both the Development and
surrounding areas. Certain development risks and
uncertainties associated with the long term nature of the
Development, including the cost of the portion of these
public improvements, could discourage and deter Developer
from making the long term commitments necessary to fully
develop the Property; therefore, the parties desire to enter
into this Development Agreement in order to reduce or
eliminate uncertainties to such development over which the
City has control.
E. As permitted by law, the City and Developer
desire to establish design and development standards for the
entire build -out period of the Development, including all
phases thereof, the permitted uses for the Development, and
to identify the scope of public infrastructure improvements
to be required for and as a result of the Development.
OC11 \DP.0 \CAL- PAC \CAT. ^PAC.A"
F. The City recognizes that Developer may sustain
substantial losses if the City were to default in its
obligations herein undertaken, including the substantial
investment made by Developer to plan the Development.
G. The City, by electing to enter into contractual
agreements such as this one, acknowledges that the
obligations of the City shall survive beyond the term or
terms of the present City Council members, that such action
will serve to bind the City and future councils to the
obligations thereby undertaken, and this Development
Agreement shall limit the future exercise of certain
governmental and proprietary powers of the City. By
approving this Development Agreement, the City Council has
elected to exercise certain governmental powers at the time
of entering into this Development Agreement rather than
deferring its actions to some undetermined future date. The
terms and conditions of this Development Agreement have
undergone extensive review by the City and its Council and
have been found to be fair, just and reasonable, and the City
has concluded that the pursuit of the Development will serve
the best interests of its citizens and the public health,
safety and welfare will be best served by entering into this
obligation. The City acknowledges that Developer would not
consider or engage in the Development without the assurances
of development entitlement which this Development Agreement
is designed to provide.
H. The mutual undertakings, assurances, and
covenants provided for in this Development Agreement provide
public benefits to the City and its residents, including the
promotion of comprehensive planning, private and public
cooperation and participation in the provision of public
benefits, the increase in the City tax revenues from the
Development, and the effective and efficient development of
public facilities and infrastructure supporting the
Development which was contemplated and promoted by Government
Code §§ 65864 et sea.
1. This Development Agreement will promote and
encourage the development of the Property by providing
Developer and its creditors with a greater degree of
certainty of Developer's ability to expeditiously and
economically complete the development effort, and the parties
agree that the consideration to be received by the City
pursuant to this Development Agreement and.the rights secured
to Developer hereunder constitute sufficient consideration to
support the covenants and agreements of the City and
Developer. By entering into this Development Agreement, the
City desires to vest in Developer, to the fullest extent
possible under the law, all possible development entitlements
in order to complete the Development.
OC11 \DEC \CAL- PAC \CAL- PAC.A64
751
-.752
J. The City Planning Commission and the City
Council have found and determined that this Development
Agreement: (i) is consistent.with the City's general plan
and all specific plans As of the date of this Development
Agreement (as referenced in Government Code §§ 65450 et sue,)
applicable to the Development; (ii) is in the best interest
of the health, safety, and general welfare of the City, its
residents, and the public; (iii) is entered into pursuant to
and constitutes a present exercise of the City's police
power; and (iv) is entered into pursuant to and in compliance
with the requirements of Government Code 5 65867, the City
Development Agreement Resolution No. 82 -92; and the City
Council has adopted an ordinance authorizing the execution of
this Development Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants and agreements contained herein, and other good and
valuable consideration, the receipt of which is hereby
acknowledged, the parties do hereby agree as follows:
1. Binding Effect of Development Agreement. The
Development Agreement pertains to the Property as described
in Exhibit A. The burdens of the Development Agreement are
binding upon, and the benefits of the Development Agreement
inure to all successors in interest of the parties to the
Development Agreement, and constitute covenants which run
with the Property, and in order to provide continued notice
thereof, this Development Agreement will be recorded by the
parties. The assurances provided to Developer in this
Development Agreement are provided pursuant to and as
contemplated by Government Code §§ 65864 et sec., and in
consideration for the undertakings of Developer as set forth
in this Development Agreement, and are intended by the City
to be and have been relied upon by Developer to its detriment
in undertaking the obligations and covenants provided in this
Development Agreement and in expending monies and making
improvements pursuant to this Development Agreement. The
parties agree that the consideration to be received by the
City pursuant to this Development Agreement and the rights
secured to Developer hereunder constitute sufficient
consideration to support the covenants and agreements of the
City and Developer.
2. Relationship of the Part ies. It is hereby
specifically understood and acknowledged that the Development
is a private project and that neither the City nor Developer
will be deemed to be the agent of the other for any purposes
whatsoever.
3. Reservations and Dedications. It is hereby
further understood and agreed that no reservations or
dedications of land will be required by the City as a
condition to development of the Property during the Term (as
0011 \0EC \cAL - PAC \cAL- PAc.A04
753
herein defined), except as part
connection with the approval of
the Plan or as otherwise agreed
Developer. Nothing herein shall
City's powers of eminent domain.
T erm.
of the conditions imposed in
the site development plan for
to in writing by the City and
be construed to limit the
(a) The term ( "Term ") of this Development
Agreement is fifteen (15) years from the date of
execution, subject to earlier termination as hereinafter
provided.
(b) Pursuant to Section 66452.6(a) of the
California Subdivision Map Act, any tentative Subdivision
Map approved for the Property shall also be extended for a
period equal to the period this Agreement remains in
effect.
5. peevelooment Standards. In connection with
development of the Property by Developer, the City hereby
agrees that the permitted uses of the Property, density of
use, intensity of use, maximum height and size of proposed
buildings shall be those set forth specifically in the Plan.
6. Processing of ADAlications and Permits. The
City will accept the processing and review of all
applications for permits or other entitlements with respect
to the development and the use of the Property in accordance
with this Development Agreement. It is understood by the
parties to this Development Agreement that pursuant to
existing law, development review approvals shall not remain
valid for the Term of this Development Agreement, but only
for the term of such development review approvals.
Accordingly, Developer shall have the right to file such new
development review applications on portions of the
Development where such previously approved development review
approvals have expired. Any such new development review
applications filed for the Development shall be reviewed in
accordance with the Plan and Existing Development
Regulations.
7. Development Review. Nothing set forth herein
shall impair or interfere with the right of the City to
require the processing of building permits as required by law
and to conduct its development review of any specific
improvements proposed for the Development pursuant to the
applicable provisions of Chapter 41 of the City's Municipal
Code which are in'effect as.of the date hereof; provided,
however, no such review shall authorize or permit the City to
impose any condition and/or withhold approval to any proposed
building the result of which would be inconsistent with any
term or provision of this Development Agreement, and it is
oc11 \DEC \CAL -PAO \CAL- PAC.A06
754
hereby further provided that the basis for the City's
development review shall, to the degree possible, be limited
to architectural design and compatibility with the standards
and specifications set forth in the Plan and the Existing
Development Regulations specified in Section 12 of this
Agreement. It is further agreed that the City shall in all,
events provide the reasons for disapproval in the event that
the City disapproves any building as proposed.
a. Utility Capacity. It is hereby agreed that the
City will not undertake any act or neglect to perform any act'
or duty which would impair or inhibit Developer's receipt of
water or sewer service subject only to the payment of fees
therefor by Developer. The City hereby represents that it
currently has sufficient water and sanitary sewage capacity
for the entire development of the Property. Nothing herein
shall be construed to limit the City's ability to impose
reasonable conditions on future discretionary approvals which
require Developer to install water and sewer lines and
appurtenances servicing the Property.
9. Assignment. Developer shall have the right to
sell, assign, or transfer all of its interest in the Property
along with all of its right, title and interest in and to
this Development Agreement to any person, firm or corporation .
at any time during the term of this Development Agreement
without the consent of the City.
10. Periodic Review of Compliance. In accordance
with Government Code Section 65865.1, the City Council shall
review this Development Agreement at least once each calendar
year hereafter. At such periodic reviews, Developer must
demonstrate its good faith compliance with the terms of this
Development Agreement. Developer agrees to furnish such
evidence of good faith compliance as the City, in the
reasonable exercise of its discretion and after reasonable
notice to Developer, may require. Developer shall be deemed
to be in good faith compliance with this Development
Agreement if the City is not entitled by the terms and
provisions of this Development Agreement to terminate this
Development Agreement.
11. Amendment or Cancellation. This Development
Agreement may be amended or cancelled in whole or in part
only by mutual consent of the parties and in the manner
provided in Government Code Sections 65868, 65867 and
65867.5.
12. Vesting of Development Rights.
(a) General Statemept. As a material
inducement to Developer and its lenders to continue with
diligent efforts to promote the development of the
OC11 \DEG \CAL- PANCAL- PAC.AD9 6
755,
Property, the City desires to cause all development rights
which may be required to develop to completion the
Property with buildings and related improvements
consistent with the Plan, to be deemed vested in
developer, as of the date of this Development Agreement,
to the greatest extent permitted by law, and to be free of
all discretionary rights of the City or any body or agency
thereof, except as herein provided, to impose any
subsequent building moratoriums or restrictions on
development which are inconsistent with this Development
Agreement.
(b) Existing Rules to Govern. In accordance
with the terms of Government Code § 65865, the City and
Developer agree that the ordinances, rules, regulations
and official policies of the City (collectively, the
"Existing Development Regulations ") in effect as of the
date of this Development Agreement, governing the design,
density, permitted land uses, improvement, and
construction standards applicable to the Development shall
govern during the Term of this Development Agreement. For
ease of reference only, a copy of a portion of the
Existing Development Regulations is set forth in FExxhibit C
attached hereto. Except as otherwise provided in this
Development Agreement, no amendment to, revision of, or
addition to any of the Existing Development Regulations
without Developer's written approval, whether adopted or
approved by the City Council or any office, board,
commission or other Agency of the City, or by the people
of the City through charter amendment or initiative
measure, shall be effective or enforceable by the City
with respect to the Development, its design, grading,
construction, remodeling, use or occupancy, schedule of
development.
(c) Definition of "Ex�stigg Development
Regulations". As used herein, "Existing Development
Regulations" shall not include municipal laws and
regulations which do not conflict with Developer's vested
rights to develop and use the Property in accordance with
the Plan. Developer and its successors and assigns and
all persons and entities in occupation of any portion of
the Property shall comply with such non - conflicting laws
and regulations as may from time to time be enacted or
amended hereafter. specifically, but without limitation
on the foregoing, such non - conflicting laws and
regulations include the following:
(i) Taxes, assessments, fees and charges;
(ii) Building, electrical, mechanical, fire
and similar codes based upon uniform codes
oca.x\DZC\C u.- PAC \CAL- FAC.noa
756
incorporated by reference into the Santa Ana
Municipal Code;
(iii),Laws, including zoning code
provisions, which regulate the manner in which
business activities may be conducted or which
prohibit any particular type of business activity on
a city -wide basis; and
(iv) Procedural rules.
(d) Subseouent "Slow /No Growth" Measures.
Consistent with (a) and (b), above, the City and Developer
specifically agree that any subsequently enacted
initiatives, referendums, or amendments to the City's
General Plan and /or Zoning Code which contain "slow /no
growth" measures or which by their terms are intended to,
or by operation have such effect shall have no application
to the Development. Notwithstanding any such measures,
the mitigation measures required for the Development are
limited to those established by this Development
Agreement.
13. Environmental Compliance.
(a) EIR Processing Completed. Developer hereby
acknowledges that the Development shall be subject to the
mitigation measures set forth in the EIR and identified in
Exhibit D hereto. To the extent that Developer develops
the Development, Developer hereby agrees to implement the
various mitigation measures required to be implemented by
Developer as specified in Exhibit D.
(b) Subseggent Environmental Review. In
exercising its legislative discretion to enter into this
Development Agreement and to commit the City to the
completion of the Development, the City has reviewed and
considered the potential adverse environmental impacts
related to all aspects of the contemplated project,
including, without limitation, the potential demands the
Development will make on local and regional streets,
highways, parks and recreation areas, water capacity and
water lines, sewer capacity and sewer lines, flood and
storm drain systems, and energy conservation, and the
effect on school capacity, traffic, pedestrian safety,
noise and air quality. impacts. The City has further
reviewed and considered from a variety of perspectives,
and has analyzed pursuant to a variety of assumptions, the
projected future regional and cumulative environmental
demands that will compete with the Development for
available capacities and cumulatively add to potential
adverse impacts. In so doing, the City has considered
among other things, the possibilities that:
OC11 \AEC \CAL- PAC \CAI,- PAC.AG4
757
(i) Federal, local, regional and state
plans, if any, for provision of new infrastructure
systems or expansion of existing infrastructure
systems may be 'delayed, modified or abandoned;
(ii) The types, intensities, and amount of
future regional development may exceed or otherwise
be different from that currently being planned by the
City and other local agencies; and
(iii) Regional and Development generated
demands on infrastructure and utility improvements to
be constructed as a part of the Development may
exceed in either the short run or the long run the
allocated capacities for such demands.
After assessing these and other potential
adverse environmental impacts associated with the
development of the Property, the city has imposed
mitigation measures through the EIR, and this Development
Agreement to the fullest extent the City considers
feasible and necessary. The City has determined that
phased completion of the Development in the manner
contemplated will itself provide the mitigation measures
needed to contribute to alleviate short run and long run
potential adverse environmental impacts, and that the
public benefits of the Development override any potential
adverse environmental impacts which may arise during the
development period; therefore, the City agrees, consistent
with California Public Resources Code Section 21166, that
no subsequent or supplemental environmental impact report
shall be required by the City for the subsequent
discretionary approvals except as set forth in said
section.
(c) Susan /sunflower Traffic Signal. Developer
shall install a traffic signal at the intersection of
Susan Street and Sunflower Avenue (the "Sunflower signal ")
in accordance with standard traffic signal warrants.
Because the sunflower Signal will benefit other property
in the vicinity of the Development, the City shall use its
best good faith efforts to enter into an agreement (the
"Sunflower Agreement ") with the City of Costa Mesa ( "Costa
Mesa ") (i) requiring Costa Mesa to collect "fair share"
funds (the "Sunflower Funds ") from landowners with
development projects in the vicinity of the Development
(including, but not limited to, the "Metro Pointe" project
of Arnel Development Company) as a condition to granting
any development approvals for such projects, to the extent
authorized by law, and (ii) requiring Costa Mesa to
transfer to the City all Sunflower Funds collected
pursuant to the Sunflower Agreement. In such event, the
oC11 \DuC \C"- PA% \CA .- PAC.AG4
758
City shall transfer all Sunflower Funds to Developer, up
to an aggregate amount equal to fifty percent (50 %) of
Developer's total cost of installing the Sunflower Signal.
(d) Lake Center /MacArthur Traffic Signal.
Developer and the City agree that the intersection of Lake
Center Drive and MacArthur Boulevard adjacent to the
Property may require a traffic signal during the term of
this Development Agreement (the "MacArthur Signal "). At
any time the City determines through traffic monitoring
that the MacArthur Signal is warranted, the City may, by
providing notice to Developer, require Developer to (1)
install the MacArthur Signal in accordance with standard
traffic signal warrants, or, at Developer's option, (2)
pay to the City the cost of installing the MacArthur
Signal, in which case the City shall install the signal.
To ensure the performance of Developer's
obligation, Developer shall post a "faithful performance"
bond in the amount of One Hundred Fifty Thousand Dollars
($150,00o.00) as a condition to the City's issuance of a
certificate of occupancy for the first building on the
Property constructed after the effective date of this
Agreement. The City shall release the bond at the earlier
of (i) the Developer's completion of installation of the
MacArthur Signal, or (ii) six months after Developer
provides accurate written notice to the City that the
Development is at least ninety percent (901) occupied, at
which time, if the MacArthur Signal has not become
warranted, the Developer's obligation to install the
MacArthur Signal shall be extinguished.
14. Rnforcement. Unless amended or cancelled as
provided in Paragraph 11, this Development Agreement shall
continue to be enforceable by any party to it,
notwithstanding a change in general or specific plans,
zoning, subdivision, building or other regulations adopted by
the City which alter or amend the rules, regulations or
policies applicable to the Development.
15. suparsepsion of AgreemenL av uaanUaS .JL_a1u"
Federal _Law. In the event that State or Federal laws or
regulations enacted after this Development Agreement have
been entered into or the action or inaction of any other
affected governmental jurisdiction prevents or precludes
compliance with one or more provision of this Development
Agreement that requires changes in plans, maps or permits
approved by the City, the parties shall:
(a) Provide the other party with written notice
of such State or Federal restriction, provide a copy of
such regulation or policy as a statement of conflict for
the provisions of this Development Agreement; and
0011 %pRC \CAL -PAC \CAL- PAC.Aa4 10
759
(b) Promptly meet and confer with the other
party in a good faith and make a reasonable attempt to
take such action necessary to protect and preserve the
validity and enforceability of this Development Agreement,
including modification or suspension of this Development
Agreement, only if such action would be ultimately
necessary to comply with such Federal or State law or
regulation and at the same time would protect and preserve
the Development Plan contemplated by this Development
Agreement. Thereafter, regardless of whether the parties
reach agreement on the effect of such Federal or State law
regulation upon this Development Agreement, the matter
shall be scheduled for a hearing before the City Council,
upon thirty (30) days notice, for the purposes of
determining the exact action which is required by such
Federal or State law or regulation.
16. Enforced Delay and Extension of Times of
Perf_ oormance, In addition to specific provisions of this
Development Agreement, performance by either party hereunder
shall not be deemed to be in default where delays or defaults
are demonstrated to be due to acts of God, war, acts or
omissions of the City, acts or omissions of third parties
which are not a party to this Development Agreement,
including but not limited to, other governmental agencies; or
other causes beyond the reasonable control of Developer. An
extension of time in writing for any such cause shall be
granted for the period of the enforced delay, or longer as
mutually agreed upon, which period shall commence to run frog
the time of commencement of cause.
17. Notices. Any notice or instrument required to
be given or delivered to either party to the Development
Agreement may be given or delivered by depositing the same in
the United State's mail, certified mail, postage prepaid,
addressed to:
City: City of Santa Ana.
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Attn: City Manager
Developer: California Pacific Properties
3070 South Bristol Street, Suite 440
Costa Mesa, California 92626
Attn: Mr. Gregory Butcher
Notice of change of address shall be delivered in the same
manner as any other notice provided herein, and shall be
effective three days after mailing by the above- described
procedure.
0all \DEC \CAL- PAC \CAL- FAC.AG4 11
760
18. Breach and Remedies. Notwithstanding any
provision of this Development Agreement to the contrary,
Developer shall not be ,deemed to be in default under this
Development Agreement, and the City may not terminate
Developer's rights under this Development Agreement unless
the City shall have first delivered a written notice of any
alleged default to Developer, which shall specify the nature
of such default. If such default is not cured by Developer
within ninety (90) days of service of such notice of default,
or with respect to defaults which cannot be cured within such
period, Developer fails to commence to cure the default
within thirty (30) days after service of the notice of
default, or thereafter fails to diligently pursue the cure of
such default until completion, the City may terminate
Developer's rights under this Development Agreement. in the
event of a default by either party which is not cured within
the time prescribed hereinabove, the non - defaulting party may
undertake one or more of the following remedies:
(a) Terminate this Development Agreement by
written notice stating the grounds for such action; or
(b) Institute an action for specific
performance of this Development Agreement, it being
expressly agreed that, in the event of a breach of this
Development Agreement, irreparable harm is likely to occur
to the non - breaching party and damages are not an
available remedy. In no event shall either party to
entitled to damages against the other party based upon the
other party's default under this Development Agreement.
19. Estoppel Certificate. Either party may, at any
time, and from time to time, deliver written notice to the
other party requesting such party to certify in writing that,
to the knowledge of the certifying party, (i) this
Development Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Development
Agreement has not been amended or modified either orally or
in writing, and if so amended, identifying the amendments,
and (iii) the requesting party is not in default in the
performance of its obligations under this Development
Agreement, or if in default, to describe therein the nature
and amount of any such defaults. The party receiving a
request hereunder shall execute and return such certificate _
within thirty days following the receipt thereof. The City
acknowledges that a certificate hereunder may be relied upon
by transferees and mortgagees of Developer.
20. Entire Agrggemen t. This Development Agreement
and the exhibits herein contain the entire agreement between
the parties, and is intended by the parties to completely
state the Development Agreement in full. Any agreement or
Oc1A \DBC \CAL - PAC \CAL- PAC.Aa1 12
1 11
. - '761
representation respecting the matters dealt with herein or
the duties of any party in relation thereto, not expressly
set forth in this Development Agreement, is null and void.
21. Recordation of Agreement. This Development
Agreement and any amendment and cancellation hereof shall be
recorded in the Official Records of the County of Orange by
the Clerk of the City within the period required by Section
65868.5 of the Government code.
22. Severability. If any term provision, condition,
or covenant of this Development Agreement, or the application
thereof to any party or circumstances, shall to any extent be
held invalid or unenforceable, the remainder of the
instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than
those as to whom or which it is held invalid or
unenforceable, shall not be affected thereby and each term
and provision of this Development Agreement shall be valid
and enforceable to the fullest extent permitted by law.
23. Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Development
Agreement.
24. Counterparts. This Development Agreement has
been executed in one or more counterparts, each of which has
been deemed an original, but all of which constitute one and
the same instrument.
25. Time of Essence. Time is of the essence in the
performance of the provisions of this Development agreement
as to which time is an element.
26. Date. This Development Agreement shall be dated
as of the date of adoption of an ordinance of the City
approving this Development Agreement, it being understood
that such an ordinance shall not have been submitted to the
city Council for adoption until after the execution of this
Development Agreement by Developer. This Development
Agreement shall become effective on the date said ordinance
becomes effective.
3C41 \'SEC \CAL -•PAC \CAS. =PAC . AG4 13
'WA
762
ROBS
IN WITNESS WHEREOF, the undersigned have executed
this Development Agreement as of the day and year first above
written.
"City° CITY OF SANTA ANA, a municipal
corporation
i
Sy: V 1
D iel H. You g
Mayor
ATTEST: Approved to corilali
Y
nice C. Guy' �',/ City Marrapr
City Clerk
APPROVED AS TO FORM:
Edwar C 4pe , Es
City Attorney
"Developer" CA
By
0C ;1 \DEC \CAL- PAC \CAL- PAC.A04 , 14
D(HIBrr 'A'
LEGAL DESCRIPTION
Parcel 1
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of
California as per map recorded in Book 492, Pages 6 through 9 of Miscellaneous Maps, In the Office
of the County Recorder of Orange County.
Parcel 2
Parcel 1 of a Parcel Map in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 121, Pages 14 and 15 of Parcel Maps, in the Office of the
County Recorder of Orange County;
EXCEPTING THEREFROM all of Lots f and 2 of Tract No. 11420, in the City of Santa
Ana, County of Orange, State of California, as per map recorded In Book 492, Pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of Orange County.
Parcel 4
Parcels 1 and 2 of Parcel Map No. 84 -876 in the City of Santa Ana, County of
Orange, State of California, as shown on a map thereof filed in Book 196, Pages 22 through 24 of
Parcel Maps, in the Office of the County Recorder of said Orange County.
Parcel 5
That certain parcel of land situated In the City of Santa Ana, County of Orange, State
of California, being that portion of Parcel 2 as shown on a map filed in Book 127, Pages 46 and 49
of Parcel Maps in the Office of the County.Recorder of said Orange County lying northerly and
northwesterly of the northerly and northwesterly line of Lot 6 of Tract No. 11421 as shown on a map
thereof filed in Book 505, Pages 20 through 22 of Miscellaneous Maps in said Office of the Orange
County Recorder.
'765
766
EXHIBIT B
.MAP OF PROPERTY
The map of the property is set forth in the attached copies of
"Site Plan and "Existing and Future Buildings."
76�
Lot 1
Tentative Tract Map 11
5.583 Acres
Lot 2
Tentative Tract Map 11308
3.520 Acres .0
Parcel 2
Parcel Map 84 -876
3.150 Acres
Lot 2
Tract Map 11420
6.688 Acres
Lot 1
Tract Map 11420
40%.
ffm
Lot 1
Tract Map 1142L
3.153 Acres
Parcel 1
Parcel Map 84 -876
7.091 Acres
LEGEND:
EXISTING BUILDING
11rdD11'. FUTURE BUILDING
_ Swll�eaa
S1.aN
Sousa; STA, Ina.
ER�CC�SIIt�IY"`�
Tentative Tract Map 11308
FIGURE
PiG G
Lot 1
5.583
Acres
Lot 2
3.520
Acres
NOT TO SOAL9'
Tract Map
11421
Lot 1
3.153
Acres
Parcel Map
84 -876
Parcel
l
7.091
Acres
gee
Asa
�=
Parcel
Tract Map
4119159:KF Lot 1
_ Lot 2
2
11420
3.150
22
8
Acres
Acres
Acres
SITE PLAN
30.901
Acres
..........� w
w n
768
4f- \,,,//
Stmt
APPROXIMATE PLAN ,
LACE CENTER
A PROFESSIONAL OFFICE PARK
California Pacific Properties
Santa Ana
N .
4
LEGEND:
EXISTING BUILDING
FUTURE.91.1ILDING .
769
EXHIBITS
EXISTING DEVELOPMENT AEGDLATIONS -- PARTIAL
Sec. 41 -670. Standards for approval.
Plans for a development project shall be approved if the
development project, as proposed in the plans, satisfies the
following standards:
(1) The development project is consistent with the general
plan and with any applicable specific plan adopted
pursuant to California Government Code, Section 65450
et seq.
(2) The development project is consistent with development
design and architectural standards adopted by
resolution of the city council.
(3) The development project provides for adequate vehicular
and pedestrian access and circulation and vehicular
parking.
(4) The development project provides for adequate access
for city emergency and service vehicles and equipment.
(5) The development project provides for adequate utility
services.
(6) The development project complies with all applicable
standards and regulations set forth in this chapter,
including but not limited to landscaping requirements,
trash area enclosures, and screening requirements for
loading and parking areas.
oC1I \DEC \CAL -PAC \CAL,- PAC.A04 iii
5A��5
770
Dl' LIFT (August 7,119D)
AXIZ21T D
JAKE OMER aP8OYPI0 DSVELMM
MiTTGATTON MONITORING PLAN
EARTH RESOURCES
1. Grading shall be conducted by the project applicant in accordance with plans prepared
by a civil engineer and based on recommendations of a soil engineer and an
engineering geolo¢ist subsequent to.the completion of a comprehensive coil and
geologic investigation for the proposed structures. Permanent reproducible copies of
the `Approved as Built" grading plans on standard size sheets shall be furnished by the
project applicant to the Building Department
1, 7imin g of lmolemcntation/Verifcat : Prior to grading permit issuance & during
grading operation
A�ethod of Verification: Grading plan check and periodic field
® inspection during grading operation
R�,cible pamr
ST., Ian Check Engineer, Building Division
j�crification (Names ' Date*
2. A complete erosion study shall be prepared by the project applicant prior to the start
of any grading activities to minimize the erosion potential created during development,
and grading operations by the applicant shall be in conformance with all City of Santa
Ana ordinances pertaining to grading.
Timing o ImpiGmentation/Verifiealion: Prior to grading permit issuance and
during grading operation
Method of VeriGgation: Grading plan check and periodic field
inspections
.... , UVC2MW Check Engineer, Division
Veriacation •n
n® M u
77L
DILIFr (August 9, 1990)
3. Possible water erosion during construction shall be mitigated by the installation of
temporary erosion control devices by the project applicant, as required by the State
Regional Water Quality Control Board.
Timing of implementation/Verification: Ptlor to grading permit issuance and during
grading operation
Grading plan check and periodic field
inspections
Sr. Plan Check Engineer, Building Division
4. Utilization of desiltation devices such as sandbags in areas that may discharge into
city streets shall be implemented by the project applicant prior to the commencement
of grading activities.
Timing of Imp] ementationflVedfication: Prior to grading permit issuance
Methodof Verification: Grading plan check and field inspection
Recnonsible Pariv: Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
S. The grading plan prepared by the applicant shall include a description of haul routes,
access points to the site, and a watering and sweeping program designed to minimize
impacts of haul operations.
Timing or Itpplemeni ation/VeriBeation: Prior to approval of any grading permits
and implementation during grading phase
Method of Verification: Grading plan check and periodic field
inspections
Res,nonsibie Party Sr. Plan Check Engineer, Building Division
Verirication name & -Vj*-
MIM- fP 2
772
DRAFT (August 7, 1990)
6. All structures shall be designed by the applicant in accordance with the scismic design
provisions of the Uniform Building Codes to promote safety in the event of an
earthquake.
Timing or Implement to ionNeritication: Prior to approval of any grading permits
and implementation duri..g grading phase
ethod of Verification: Grading plan check and periodic field
inspections
Responsible Party Sr. Plan Check Engineer, Building Division
Vrrifi a ion (game & Data):
VPATER
Prior to issuance of grading permits, onsite drainage improvement plans prepared by
the applicant shall be reviewed and approved by the City of Santa Ana Public Works
Department, and said onsite improvements shall be constructed by the project
applicant.
RPM risible Parties:
Mr4NIFUNTOWIll
Prior to grading permit issuance
Grading plan check and field inspection
Sr. Plan Check Engineer, Building Division
& Manager, Engineering Services
8. All development within the Santa Ana River floodplain shall be carefully reviewed by
the City of Santa Ana to ensure that it is located and designed to minimize potential
damage from flooding and to ensure that such development does not endanger other
... r
.r IlUTZMAIIII ;
Prior to grading permit issuance
Grading plan check and field inspection
Sr. Plan Check Engineer, Building Division
& Manager, Engineering Services
DRAFT (August 7, 1990)
9. ne proposed project shall comply with city standards described in the General Plan
as they apply to buildings and parking structures located in a tloodplain.
Timing of lmnleplzntationlVerifieation: Prior to grading permit issuance
Method of Vttification: Written evidence provided by applicant
Ree,pongib]e Parties: Sr. Plan Check Engineer, Building Division
& Manager, Engineering Services
kY.r1Ur;.TM* i s
NOISE
30. All construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m.,
Monday through Saturday. No construction shall be permitted on Sundays or federal
holidays.
Timing-pf 1mplementation(Verif cation: Prior to grading permit issuance
Method of Verification: Grading plan check and field inspection
Responsible Parties: Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
11. Where appropriate, construction equipment shall be muffled to reduce construction
noise impacts.
Timing of Prior to grading permit issuance
Method of Verification: Grading plan check, written verification
provided by appliant, and field inspection
Responsible Parties: Sr. Plan Check Engineer, Building Division
Verification Wsme & Date):
4
. 773
774
12.
13.
DRAFT (August 711M)
All construction activities shall comply with all local, state, and federal construction
noise regulations.
Prior to grading permit issuance
Writtenverification from applicant & field
inspection
Sr, Plan Check Engineer, Budding Division
w •O /► a �•
The project applicnnt shall use a textured parking surface, such as asphalt or textured
concrete in the parking structure to reduce tire noise.
13MITSTINOMUT01 •�
LIGHT AND GLARE
Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan Check Engineer, Building Division
14. All rooftop mounted parking structure lights shall be located and shielded so that all
light is contained within the boundaries of the project and no light spillage occurs to
adjacent propertics.
Timing of Imp>ementationlVerifimation: Prior to building permit issuance
Method of Verification: Architectural plans check and field
inspection
Responsible Parties: Sr. Plan Check Engineer, Building Division
Verification (Name & Datt) :
885MMP
E
,IF
DRAFT (August 7, 1990)
15: All parking stricture interior lights shall be high intensity discharge (stem mounted)
with no light spillage to adjacent properties. No fluorescent tube Cultures shall be
allowed.
IMAM l[TWOTITO
Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan Check Engineer, Building Division
16. Light and glare from automobiles within the parking structures shall be screened with
solid, opaque wall materials while maintaining all ventilation requirements of the
Uniform Building Code.
:Dining of Implementation/Verification: Prior to building permit issuance
Method of Verification: Architectural plans check and field
inspection
17
p IYAMl
Egs2onsible Parties: Sr. Plan Check Engineer, Building Division
Vgtifjcation (Namr Date)
The applicant shall install non - reflective glass » indows on the bottom floors of all new
buildings.
iuf�(T.T1ft7iiil]�l . r
a .'�1
v
Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan Check Engineer, Building Division
775
776
DRAFT (August 9, 1990)
TRAFFICICIRCULATION
1S. With the first building permit for the proposed project, the project applicant shall
construct a traffic signal at the intersection of Susan Strect/Sunflower Avenue in
accordance with standard traffic signal warrants. Under the terms of a pending
reimbursement agreement between the cities of Santa Ana and Costa Mesa, the
project applicant shall install, and provide initial costs for, this traffic signal but shall
eventually be reimbursed for all but the "fair share" of the signal costs associated with
the proposed Lake Center project.
Timing oP 1m 1 me ationNerjji ac tion; Concurrent with first building permit
construction
19.
20.
Method of Verification: Improvements plan check and field
inspection
Responsible Parties: Manager, Engineering Services
Verification (game " bate)
The project applicant shall install multiway (4 -way) "stop" signage at the intersection
of Lake Center and Susan Sireet.
Prior to first building permit issuance
Improvements plan check and field
inspection
Sr. Plan Check Engineer, Building Division
k. Manager, Engineer Services
The project applicant shall post a faithful performance bond for the future installation
of a traffic signal at Lake Center and MacArthur Boulevard. This intersection shall
be monitored as the project is constructed for satisfaction of signal warrant
requirements and the signal shall be installed as warranted.
F.mm-romarsom
k=ffg-m WWII
Prior to grading permit issuance
Written evidence provided by applicant
Sr.. Plan Check Engineer, Building Division
& Manager, Engineer Services
DRAFT (August 7t 1990)
21, The project applicant shall pay the City of Santa Ana transportation system
improvement fees which contribute funding towards needed areawide transportation
improvements.
Timing of ImpjementationNerification: Prior to grading permit issuance
Method of Verification: Written evidence provided by applicant&
City Manager's Office
Responsible Patties: Sr. Plan Check Engineer, BuDding Division
& Manager, Engineer Services
mamn. /► n �:
22. The project applicant shall provide plans for and install a bus stop shelter at the
existing bus stop location at Susan Street/Sunflower Avenue in accordance with Orange
County Transit District standards. Said plans shall be reviewed and approved by the
City of Santa Ana and OCTD prior to issuance of building permits.
Timm of 1mn1em4ntationLyerification: Prior to building permit issuance
Method of Verific to ion: Written evidence provided by applicant &
OCTD
R �nnnc'j�1e Panics: Sr. Plan Check Engineer, Building Division
& Manager, Engineering Services
kRIMIR-TUOTIN
23. The project applicant shall implement the proposed Transportation Demand
Management (TDM) Plan for the new development proposed within the Lake Center
specific development area. The TDM Plan shall be administered by an onsite
coordinator who shall be the responsibility of the property owner.
Timing of [mplementationNerffjcation: Ongoing during life of project
,M�nbod of Vedficalio, Written evidence provided by applicant on
an annual basis
Manager, Engineering Services& Manager,
Planning Department
G:885M3MP.BB
777
•778
DRAFT (August 7t 1990)
24. Lighting plans prepared by the project applicant shall be revised and approved by the
City of Santa Ana prior to building permit issuance to ensure that pedestrian acecss
routes to the bus stop at Sunflower and Susan are adequately illuminated.
Timing of Implementation/Verification: Prior to building permit issuance
Method of Verification: Plan check and field inspection
Ressponst eParties: Manager, Engineering Services & Sr. Plan
Check 'Engineer, Building Division
25. A stop sign shall be installed by the project applicant at all driveway locations to
control outbound traffic Cows. The City of Santa Ana Public Works Department
shall review and approve placement of stop signs prior to issuance of building permits.
Timin of ImplementationNerifcation: Prior to building permit issuance
Method of Verification: Improvements plan chuck and Geld
inspection
Resoonsble Parties: Manager, Engineering Services & Sr. Plan
Check Engineer, Building Division .
MMO . •t 4 n
26. Landscape plantings and signs shall be limited by the project applicant to 36 inches in
height within 25 feet of project driveways to ensure good visibility. The City of Santa
Ana Planning Department shall review and approve landscape plans prior to issuance
of grading permits.
ruing of Imnlcglen tat ionNerification: Prior to building permit issuance
Method of Verification: Landscape plans check and field inspection
Resnonsib le Parties: Manager, Engineering Services & Sr.Plan
Check Engineer, Building Division
•s n a.
GI�iTi�i7
779
DRAFT (August 7, 1990)
27. To ensure smooth traMe operations for vehicles entering and exiting the site, a striped
median shall be provided by the project applicant on Susan Street. The City of Santa
Ana Public Works Department shall review and approve onsite roadway improvements
prior to issuance of building permits.
Timine pf ImplementaflonMrificatio n: Prior to building permit issuance
Method of Verification: improvements plan check and Geld
inspection
Responsible Parties; Manager, Engineering Services & Sr. Plan
Check Engineer, Building Division
r. I ;u •:
AIR QUALITY
28. The applicant shall implement fugitive dust suppression measures in accordance with
South Coast Air Quality Management D'istrict's Rule 403. Implementation of these
measures shall he monitored and reported to the City of Santa Ana.
n r a u. a •� •�
. •t 1 .0 ).
Prior to grading permit issuance
Grading plan check and field inspection
Sr. Plan Check Engineer, Building Division
29. Prior to the issuance of building permits for any new industrial uses, the applicant
shall provide evidence to the City of Santa Ana demonstrating compliance with all
SCAQMD Regulations, including Regulation XI11, New Source Review, as applicable.
Timing of,lmpIrra ntation/Verification: Prior to building permit issuance
Method o[ Verif cap tion: Written evidence provided by applicant
Res2msiblc; Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
885MMP 10
i
DRAFT (August 7, 1990)
PUBLIC SERVICES, UTILITIES AND ENERGY CONSUMPTION
Polices Services
30. Lighting of the project site shall comply with the Santa Ana Security Ordinance.
lighting plans shall be reviewed and approved by the City of Santa Ma prior to
issuance of building permits.
Timing of Implemen tat ion/Veri iication: Prior to building permit issuance
Method of Verification: Architectural plans check and field
inspection
Responsible Parties: Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
3I. Requirements for private security systems shall be determined by the City of Santa Ana
Building Department prior to issuance of occupancy permits, and shall be installed by
the project applicant accordingly.
Xmliag_QLJ=Itrn;ntation/V-criricatio n: Prior to issuance of certificates of
occupancy
Pzmmmn- AV-no
. • • l
Architectural plans check and final
inspection
Sr. Plan Check Engineer Building Division
32. The project applicant shall pay an area fee to the city based on an area fee allotment
formula for acquisition of fire department personnel and equipment.
u .• • * •,
L .• � aL�7litf
885'•iMP 1 I
Prior to building permit issuance
Written verification from City Manager's
office
Sr. Plan Check Engineer, Building Division
& Fire Department
DRAFT (August 7, 1990)
33. As determined by the City of Santa Ana, the project applicant shall provide funds to
hire an additional Fire Safety Analyst for that period of time from initial plan submittal
to approval of final tenant improvement plan, or provide an independent fire plan
check company (approved by the Santa Ana Fire Department) to do the fire plan
check for this project.
ne of I_ plementatjonNerification: Prior to tentative tract map submittal
j�v pl od of Vepjjp ®lion: Written verification from City Manager's
office
Responsible End = Sr. Plan Check Engineer, Building Division
& Fire Department, Plan Review Man9gcr
hmirTIUMVIN
34. As determined by the City of Santa Ana, the project applicant shall provide funds to
h:: a an additional Fire Safety Specialist II for that period of time from laying of
foundations to the Certificate of Occupancy for the final tenant improvement plan.
Timing of TrnolementationlVerification: Prior to final tract map submittal
Method of Verification: Written verification from City Manager's
office
Responsible Parties: Sr. Plan Check Engineer, Building Division
& Fire Department, Plan Rctiew Manager
wmio, 0=1 12
35. Prior to building permit issuance, the City of Santa Ana shall require that the project
plans include built -in fire protection in individual buildings when circulated fire now
exceeds 3,500 gallons per minute.
Timing of f Prior to building permit issuance
Mtthod of V Building plans check and field inspection
�nonsihl Parti -s: Sr. Plan Checb Engineer, Building Division
& Fire Department, Plan Review Manager
Rn5MMP 12
7'8 2
DRAFT (August 7, 1990)
36. Prior to building permit issuance landscape plats shall be reviewed and approved by
the City of Santa Ana to confirm that landscaping materials include fire- retardant plant
species.
37.
to
I"
Prior to building permit issuance
Landscape plans check and field inspection
Sr. Plan Check Engineer, Building Division
& Fire Department, Plan Review Manager
Prior to building permit issuance, the City of Santa Ana shall require that the project
plans include use of fire- retardant building materials.
Timine of ImnlementatiQ,p./VGncation: Prior to building permit issuance
u fir. . am .�
., ,� �•
Architectural plans check and Geld
inspection
Sr. Plan Check Engineer, Building Division
& Fire Department, Plan Review Manager
Reinforcement of onsite telephone facilities shall be. implemented by the project
applicant. Onsite telephone facilities intended for acceptance by Pacific Bell shall
be built to Pacific Bell specifications.
J'imin2 of Lmnlementation8Vcri[icat : Prior to building permit issuance
PIMITOT-In' . .,
.., ara t s
13
Improvements plan check and written
verification from Pacific Bell
Sr. PIan Check Engineer, Budding Division
(r
I
I
ii
I�
DRAFT (August 7, 1990)
39. Prior to building permit issuance, the project applicant shall consult with Southern
California Edision (SCE) and Southern California Gas (SCG) representatives to ensure
the proposed project design is compatible with existing electrical and natural gas
services, respectively, and to reduce impacts of possible short -term outages to existing
customers during construction.
o-TS. .,
a .� •n -
Prior to building permit issuance
Improvements plan check and written
verification from Southern California
Edision and Southern California Gas
Sr. Plan Check Engineer, Building Division
40. Prior to issuance of building permits, the City of Santa Ana shall determine through
plan reviews that installation by the project applicant of needed onsite electrical and
natural gas systems to serve the project shall be coordinated with installation of other
utilities.
0301TOT41ne •�
L-09 - h 11 Fnf�`Pn
IreTtWOMMWINON
Prior to building permit issuance
Improvements plan check and Geld
inspection
Sr. Plan Cheek Engineer, Budding Division
& Manager, Engineer Services
41. Prior to issuance of building permits, the City of Santa Ana shall determine through
plan reviews that all buildings constructed by the project applicant within the project
site shall adhere to the State Title 24 energy standards, which set forth energy
conservation requirements.
Mining of imolemcntationNerification: Prior to building permit issuance
Method of Vcri(ication: Buildingand architectural plan checks and
field inspection
Responsjble Parties: Sr. Plan Check Engineer, Building Division
Verification (Zjame & Date)
M51M LI`
14
., 784
DRAFT (August 7, 1990)
41 Prior to issuance of building permits, the'City of Santa Ana shall determine through
plan reviews that all appliances to be installed by the project applicant within the
project site shall be energy efficient in accordance with the California Administrative
Code, Title 20, Chapter 2, Subchapter 4, Article 4.
Timing of lmplemenlal!Qn8��: Prior to building permit issuance
h4ethod of Verification: Building and architectural plan cheeks and
field inspection
Responnsjble Parties: Sr. Plan Check Engineer, Building Division
Verification (Name & Date)
43, The project applicant shall consult with SCE and SCG concerning energy conservation
Programs that could be incorporated into the project during construction.
Timing of erification: Prior to building permit issuance
Method of Veification: Written verification from Southern
California Edision & Southern California
Gas
Responsible Parties: Sr. Plan Check Engineer, Building Division
% dfication !came & Datel;
44. Prior to building permit issuance, plans for private onsite water supply facilities to
serve the project (fire hydrants and water lines) shall be reviewed and approved by the
City of Santa Ana Public Works Department, and shall be installed subsequently by
the project applicant.
liming of ImplementatignNerifica=: Prior to building permit issuance
_Method of Verification: Improvements plan check and field
inspection
Respgrisible Parties: Sr. Plan Check Engineer, Building Division
& Manager, Engineer Services
m
wwwaTIFt U. r, r.
15
t.. ; p
DRAFT (August 7, 1990) 785
45. Prior to building permit issuance, the City of Santa Ana Public Works Department
shall determine that water conservation measures are incorporated into the site design
in accordance with applicable state and city statutes and policies, including the use of
low -flush toilets, low -now faucets, self- closing valves on drinking fountains, water
pressure - reducing valves, low -water -using plants in landscaping, and efficient landscape
irrigation systems that minimize runoff and evaporation and maximize water reaching
1 plant roots.
i
i Timing of lImplementatdonNerification: Prior to building permit issuance
Method_Qf Verification: Landscape plan check and building
(plumbing) plan check and field inspection
Rbsponsihle Parties: Sr. Plan Check Engineer, Building Division
& Manager, Engineer Services
kmaRrorlwo n
46, Prior to building permit issuance, onsite wastewater collection facilities needed to serve
the project shall be reviewed and approved by the City of Santa Ana Public Works
Department and shall be installed by the project applicant.
Timing of lem ntationNerification: Prior to buuding permit issuance
Method of Verification: Improvements plan check and field
inspection
Responsiblg Parties: Sr. Plan Check Engineer, Building Division
& Manager, Engineer Services
i num"Two l
47- Prior to building permit issuance, site plans shall be reviewed by the City of Santa
Ana Public Works Department to verify that adequate space is provided onsite for
recycling receptacles.
Ti i of jrnplementation!Verification: Prior to building permit issuance
i
i
Mr,.thod of Verifjcgt o Building plans check and field inspection
Respgrii,81c Pan des: Sr. Plan Check Engineer, Building Division
& Manager, Engineer Services
Q0 5MI.—
16
�pj Ia
DRAFT (August 7, 1990)
ATTACHMENT B
MITIGATION MONITORING PLAN
SAMPLE COMPLIANCE VERIFICATION FORM
Mitigation Measure: # Issue: (Earth, Water, Traffic, etc.)
Location: Onsite Onsite Administrative
Project Phase: Design Construction • Operation
Description of Activity/Method of Implementation:
Disposition: Mitigation measure for the above-noted project phase implc nented.
No further action is required.
Mitigation measure for the above -noted project phase is not fully
implemented. Further action required. (Please explain below)
The mitigation measure for the above -noted project phase is not
in compliance. Further action required. (Please explain below)
Comments/Revisions:
Completed by: Name:
Title:
Date-
G- LCMMP.BI3
Approved by: Name:
Title:
Date:
y
A- 2005 -195
JW %b
RECORDING REQUESTED BY AND
WITEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
ATTN: Clerk of the Council
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
Illlllllllillllllllllllllllllllll lllllllllilll lllllllllllllllllllllllllllllNO FEE
200500062529612:53pm 08110105
116 91 Al 9
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
FREE RECORDING
GOVERNMENT CODE § 6103
THIS AMENDMENT is made and entered into thislo day of 7�nc , 2005, by and
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California ( "City") and C.J.
SEGERSTROM & SONS, a California general partnership ( "Developer").
City and Developer hereby agree as follows:
A. City is authorized pursuant to Government Code Sections 65864 through 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the .
development process. City enters into the Amendment pursuant to the provisions of the
Government Code and applicable City policies.
B. The City and California Pacific Properties, a California general partnership, have
previously entered into a Development Agreement dated October 15 1990, recorded as Document
No. 90- 625289 with the Recorder of the County of Orange (hereafter,referred to as the
"Development Agreement). On February 23, 1995, a portion of the property covered by the
Development Agreement was transferred to Developer, by Grant Deed recorded as Document
No. 95- 0099264 with the Recorder of the County of Orange This Amendment relates solely to the
property described in said Grant Deed which is owned by Developer.
C. The City and Developer wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by
adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date
of execution of the Development Agreement (subject to express exceptions noted in the
Development Agreement).
D. The parties hereto acknowledge the following:
(1) This Amendment is intended to assure adequate public facilities at the
time of development.
EXHIBIT 5
75A -46
�1
'qI Q
I\
(2) This Amendment is intended to assure development in accordance with
City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan,
(3) This Amendment will permit achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design Zoning.
(4) Developer is required by existing City regulations to provide mitigation
for certain impacts and pay certain regulatory fees as conditions of approvals through the
regulatory process.
(5) This Amendment will allow City to realize extraordinary and significant
public infrastructure facilities and other supplemental benefits in addition to those available
through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Amendment represent benefits which would not
otherwise be required as part of the development process.
F. On April 25, 2005, the Planning Commission of the City ( "Planning
Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091,
held a public hearing, to consider the Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On
KRq 9 , 2005, the City Council of the City of Santa Ana ( "Council "), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Amendment.
G. Pirape Affacted by ` is Agreement. This Amendment pertains solely to the
property as illustrated in Exhibit "A -1 and described in Exhibit "A -2 to this Amendment, which
are incorporated herein by this reference as though fully set for`dt. In case of any discrepancy
between Exhibit "A -1 and Exhibit "A -2 , the parties agree and acknowledge that Exhibit "A -2
shall prevail in full.
H. Tenn. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Term.
(a) The term ( "Term ") of this Development Agreement is
twenty-five (25) years from the date of execution, subject to earlier termination as
hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision
Map Act, any tentative Subdivision Map approval for the Property shall also be
extended for a period equal to the period this Agreement remains in effect.
75A -47
I. Effect of Amendment. Exhibits "A -I and "A -2 to this Amendment shall
supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to
implement the intent of this Amendment, the Development Agreement shall remain in full force
and effect. In the event of a conflict, terms contained herein shall prevail over conflicting
provisions of the Development Agreement.
J. EfFective Date I In hangeed. The parties to this Amendment further agree
that the effective date of the Development Agreement, set forth in paragraph 26 therein,
is unaffected by this Amendment to the Development Agreement.
IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first
above written.
ATTEST: 1.
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Approved as to Form.
Latham ex Watkins LLLP
Bev��fr,,
CITY OF SANTA ANA,
a charter city and municipal corporation
By f
David N. Rea
City Manager
C.J. SEGERSTROM & SONS,
a California general partnership,
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
By: _"
Henry T. Se erstrom, anager
By: HTS Management Co., Inc.,
a California corporation
Manag
By: 1 `
Title: Senior Vice Pmsiden_
75A -48
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iti
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AMENDMENT TO DA 90 -3
73y C.J. SEGERSTROM AND SONS
3500 WEST LAKE CENTER DRIVE
SY
SEGERSTROM s ' SO -58
PROPERTIES C
P L A N N I N G A N D B U I L D I N G A G E N C Y
EXHIBIT "A -191
75A -49
Exhibit "A -2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
75A -50
Parcel D (Developed Land):
Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (Private Street and Driveway)
Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County.
75A -51
RECORDING REQUESTED BY:
Clerk of the City Council
City of Santa Ana
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M -30
P.O. Box 1988
Santa Ana, California, 92702
This document is exempt from payment of recording fee
pursuant to Govemment Code Sections 27383 and 6103
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
by and between
T11E CITY OF SANTA ANA,
a California municipal corporation,
and
C.J. SEGERSTROM & SONS,
a California general partnership
EXHIBIT 6
75A -52
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second
Amendment ") is made and entered into this _ day of , 2013, by and between the
CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J.
SEGERSTROM & SONS ( "Developer "), a California general partnership.
City and Developer hereby agree as follows:
A. City is authorized pursuant to Government Code Sections 65864 through 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the development
process. City enters into the Second Amendment pursuant to the provisions of the Government
Code and applicable City policies.
B. City and California "a Pacific Properties, a California General Partnership, previously
entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90-
625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23,
1995, a portion of the property covered by the Development Agreement was transferred to
Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County
of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to
Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with
the Recorder of the County of Orange, extending the term of the Development Agreement over
Developer's portion of the property for ten (10) years from the date of execution of the
Development Agreement.
C. City and Developer again wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which was originally fifteen (15) years, then
twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an
additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of
the Development Agreement, subject to express exceptions noted in the Development Agreement.
D. The parties hereto acknowledge the following:
This Second Amendment is intended to assure adequate public facilities at
the time of development.
This Second Amendment is intended to assure development in accordance
with City's General Plan, applicable Specific Design Zoning and Capital
Improvement Plan.
3. This Second Amendment will permit achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design
Zoning.
4. Developer is required by existing City regulations to provide mitigation for
certain impacts and pay certain regulatory fees as conditions of approvals
75A -53
through the regulatory process.
This Second Amendment will allow City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in
addition to those available through the existing regulatory process.
Many of the extraordinary and significant benefits identified as consideration
to City for entering into this Second Amendment represent benefits which
would not otherwise be required as part of the development process.
E. On November 25, 2013, the Planning Commission of the City ( "Planning
Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a
public hearing to consider the Developer's application for this Second Amendment. The Planning
Commission recommended to the City Council of the City that it execute this Second Amendment.
On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Second Amendment.
F. Property Affected by this Agreement. This Second Amendment pertains solely to
the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are
incorporated herein by this reference as though fully set forth.
G. Term. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Term.
(a) The term ( "Term ") of this Development Agreement is thirty -five (35)
years from the date of execution, subject to earlier termination as hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision Map
Act, any tentative Subdivision Map approval for the Property shall also be extended for a
period equal to the period this Agreement remains in effect.
H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second
Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development
Agreement introduced in the First Amendment. Except as necessary to implement the intent of this
Second Amendment, the Development Agreement shall remain in full force and effect. In the event
of a conflict, terms contained herein shall prevail over conflicting provisions of the Development
Agreement.
I. Effective Date Unchanged. The parties to this Second Amendment further agree that
the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by
this Second Amendment to the Development Agreement.
75A -54
IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BY:
Ryan O. Hodge
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
C.J. SEGERSTROM & SONS
A California general partnership
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
Manager
OR
By:
Alternate Manager
AND
By: HTS Management Co., Inc., a
California corporation, Manager
75A -55
By:
Title: Sr. Vice President
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AMENDMENT TO DA 90 -3
A C.J. SEGERSTROM AND SONS
3500 WEST LAKE CENTER DRIVE SY
SEGERSTROM ° o aI SD -58
PROPERTIES M .
P L A N N I N G A N D B U I L D I N G IA G E N C Y
EXHIBIT "A -1„
75A -56
Exhibit "A -2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general
partnership, i4 that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
75A -57
Parcel D (Developed Land):
Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (Private Street and Driveway)
Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County.
75A -58
(ROH 12/16/13)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING A SECOND AMENDMENT
TO DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND C.J. SEGERSTROM & SONS, A
CALIFORNIA GENERAL PARTNERSHIP
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Second Amendment to Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
November 25, 2013, recommended approval of this Second Amendment to
Development Agreement.
D. The purpose of this Second Amendment to Development Agreement is to
extend the term of the Development Agreement for an additional ten (10) years, for a
total of thirty -five (35) years from the date of execution of the original Development
Agreement.
E. The project and the use that the owner proposes in connection with the
property have been extensively reviewed and considered by the City, and such
proposed development and use have been found to accommodate the City's
recommendations and suggestions in order to protect the public's interest to enhance
the desirability of such proposed development and use. The terms and conditions of
this Second Amendment to Development Agreement have been found to be fair, just
and reasonable, and the City has concluded that the pursuit of the Project will serve the
interests of the City.
F. The City Council has held a noticed public hearing on this Ordinance and
has considered all testimony presented thereto.
Ordinance No. NS -XXX
Page 1 of 3
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G. In accordance with the California Environmental Quality Act, the proposed
request has been determined to be adequately evaluated in the previously certified
Lake Center Specific Development Final Environmental Impact Report ER No. 1989 -01.
H. The proposed project will not adversely affect the General Plan, as is
expressly set forth in the Request for Council Action dated December 16, 2013,
together with all supporting documents, which are incorporated herein by this reference.
Section 2. The Second Amendment to Development Agreement, a true and
correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City
Manager and Clerk of the Council are authorized to execute it on behalf of the City with
such non - substantive changes as may be authorized by the City Manager and City
Attorney. The Clerk of the Council is hereby authorized and directed to cause this Second
Amendment to Development Agreement to be recorded with the County Recorder's Office.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of J2013.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
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Ordinance No. NS -XXX
Page 2 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
Page 3 of 3
75A -62
RECORDING REQUESTED BY:
Clerk of the City Council
City of Santa Ana
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M -30
P.O. Box 1988
Santa Ana, California, 92702
This document is exempt from payment of a recording fee
pursuant to Government Code Sections 27383 and 6103
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
a California municipal corporation,
and
C.J. SEGERSTROM & SONS,
a California general partnership
EXHIBIT 1
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SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second
Amendment ") is made and entered into this day of , 2013, by and between the
CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J.
SEGERSTROM & SONS ( "Developer "), a California general partnership.
City and Developer hereby agree as follows:
A. City is authorized pursuant to Government Code Sections 65864 through 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the development
process. City enters into the Second Amendment pursuant to the provisions of the Government
Code and applicable City policies.
B. City and California Pacific Properties, a California General Partnership, previously
entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90-
625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23,
1995, a portion of the property covered by the Development Agreement was transferred to
Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County
of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to
Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with
the Recorder of the County of Orange, extending the term of the Development Agreement over
Developer's portion of the property for ten (10) years from the date of execution of the
Development Agreement.
C. City and Developer again wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which was originally fifteen (15) years, then
twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an
additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of
the Development Agreement, subject to express exceptions noted in the Development Agreement.
D. The parties hereto acknowledge the following:
1. This Second Amendment is intended to assure adequate public facilities at
the time of development.
2. This Second Amendment is intended to assure development in accordance
with City's General Plan, applicable Specific Design Zoning and Capital
Improvement Plan.
3. This Second Amendment will permit achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design
Zoning.
4. Developer is required by existing City regulations to provide mitigation for
certain impacts and pay certain regulatory fees as conditions of approvals
75A -64
through the regulatory process.
5. This Second Amendment will allow City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in
addition to those available through the existing regulatory process.
6. Many of the extraordinary and significant benefits identified as consideration
to City for entering into this Second Amendment represent benefits which
would not otherwise be required as part of the development process.
E. On November 25, 2013, the Planning Commission of the City ( "Planning
Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a
public hearing to consider the Developer's application for this Second Amendment. The Planning
Commission recommended to the City Council of the City that it execute this Second Amendment.
On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Second Amendment.
F. Property Affected by this Agreement. This Second Amendment pertains solely to
the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are
incorporated herein by this reference as though fully set forth.
G. Term. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Term.
(a) The term ( "Term ") of this Development Agreement is thirty -five (35)
years from the date of execution, subject to earlier termination as hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision Map
Act, any tentative Subdivision Map approval for the Property shall also be extended for a
period equal to the period this Agreement remains in effect.
H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second
Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development
Agreement introduced in the First Amendment. Except as necessary to implement the intent of this
Second Amendment, the Development Agreement shall remain in full force and effect. In the event
of a conflict, terms contained herein shall prevail over conflicting provisions of the Development
Agreement.
I. Effective Date Unchanged. The parties to this Second Amendment further agree that
the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by
this Second Amendment to the Development Agreement.
75A -65
IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
C.J. SEGERSTROM & SONS
A California general partnership
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
Manager
OR
Alternate Manager
AND
By: HTS Management Co., Inc., a
California corporation, Manager
75A -66
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Exhibit "A -2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, iii that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J, Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
75A -68
Parcel D (Developed Land):
Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (Private Street and Driveway)
Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County.
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