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Home My WebLink About75D - PH - MATER DEI EXPANSION AND PARKING STRUCTUREREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 15, 2016 TITLE: PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPORT NO. 2013 -01 AND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999 -01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE — MATER DEI HIGH SCHOOL, APPLICANT (STRATEGIC PLAN 190.3,2) c. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving the Amendment to Development Agreement No. 1999 -01 (DA No. 2015 -02) for the Mater Dei High School parking structure and school expansion project. PLANNING COMMISSION ACTION At its regular meeting on July 13, 2015 by a vote of 7:0, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations; and adopt an ordinance approving the Amendment to Development Agreement No. 1999 -01 (DA No. 2015 -02) for the Mater Dei High School parking structure and school expansion project at 1202 West Edinger Avenue located in the Open Space (0) zoning district. The Planning Commission made one modification to the mitigation measure pertaining to Noise (Measure N -1) that requires the school to notify all property owners within 1,000 feet of the site at least 30 days prior to the commencement of construction (Exhibit A). DISCUSSION Mater Dei High School is proposing to expand its campus and construct a new three - level, 990 - space parking structure and a 30,820 square -foot, two -story academic building with 32 classrooms on the school campus. With the addition of the classroom building and parking structure projects, the campus will ultimately contain a total of 267,146 square feet of building area and 1,396 on -site 75D -1 EIR No, 2013 -01 & Amendment to DA No, 1999 -01- Meter Del High School at 1202 West Edinger Avenue March 16, 2016 Page 2 parking spaces. To accommodate the parking structure, Mater Del is In the process of acquiring 19 single- family lots at the southeast section of the site. The purchase of the lots, in conjunction with the street vacations that will need to occur, will add an additional four acres to the school site, The parking structure and classroom buildings will be architecturally consistent with the other buildings found on the campus. The buildings will utilize split face block, cast -in -place concrete and metallic silver accents as exterior materials. Further, the color palette will include red and dark grey to match the color theme of the structures currently found on the campus. The perimeter of the parking structure will incorporate an extensive amount of landscaping to $often the appearance of the structure, including a 20 -foot wide landscaped setback along the south properly line on St, Andrews Place and a minimum landscaped setback of 12 -feet along the east property line. Seth setbacks will be heavily landscaped with drought tolerant trees, shrubs and ground cover to reduce the visibility of the structure, The structure itself will also incorporate a green screen on the east wall facing the residences, further reducing Its visual impact on the adjacent neighborhood, Full -sized plans are available for public viewing In the Clerk of the Council Office, In an effort to simplify the development agreement, staff has consolidated and updated the original agreement, the first amendment and proposed second amendment into a single document, This version has been included as part of Exhibit C within this report. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal Impact associated with this action, r Pai-SaWnHaagohad, i Executive Director Planning & Building Agency Wrb vWater DORIR2013 =01 Mmend DA9941;co Exhibit. A. Planning Commission Staff Report S. Resolution C. Ordinance 75D -2 TITLE: PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPORT NO. 2013 -01 AND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999 -01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso ecutive Director RECOMMENDED ACTION Recommend that the City Council: Exhibit A PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended 0 As Amended 0 Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PlanN anager 1. Adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving the Amendment to Development Agreement No. 1999 -01 (DA No. 2015 -02) for the Mater Del High School campus expansion project. Request of Applicant Sapetto Real Estate Solutions, on behalf of Mater Del High School, is requesting approval of two entitlements for the proposed expansion to the Mater Del campus. Specifically, the applicant is requesting approval of the certification of an environmental impact report and approval of the second amendment to an existing development agreement to allow the future construction of a three level, 990 -space parking structure and a two -story classroom building. Project Location and Site Descri Rion Mater Del High School is located on a 20.9 -acre, rectangular shaped parcel of land that is situated at the southeast corner of Bristol Street and Edinger Avenue. The property currently contains nine buildings that total approximately 232,645 square feet of area that was first developed in 1950. The site contains several academic buildings, a student activities center, a chapel, an athletic complex, an aquatics building and a maintenance building. In addition, 550 surface parking spaces are located on the site for faculty and student parking, with an additional :225 spaces located within a public parking lot north of the campus on Bristol Street. The site is surrounded by a public parking lot, office and residential development to the north, single - family residential uses to the south and east, and commercial, religious and educational uses to the west (Exhibits 1, 2 and 3). 75D -3 EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 2 Project Description Mater Del High School is requesting approval of two entitlements in order to facilitate an expansion to the existing campus.. The entitlements include the certification of a final environmental impact and the approval of a second amendment to a development agreement that was first approved in 1995. The proposed project consists of the construction of a new three - level, 990 -space parking on the campus. To accommodate this structure, Mater Del is in the process of acquiring 19 single- family lots at the southeast border of the site for future consolidation with the existing campus. The purchase of the lots, in conjunction with the street vacations that will need to occur, will add an additional 4.02 acres to the school site, in addition, a 30,820 square foot, two -story academic building with 32 classrooms to be constructed in the central section of the campus at a later date to replace two existing one -story buildings. With the addition of the classroom building and parking structure projects, the campus will ultimately contain a total of 267,146 square feet of building area and 1,396 on -site parking spaces. The parking structure and classroom buildings will be architecturally consistent with the other buildings found on the campus. The buildings will utilize split face block, cast in place concrete and metallic silver accents as exterior materials. Further, the color palette will include red and dark grey to match the colors of the structures currently found on the campus (Exhibits 4, 5 and 6), The proposed project will include an extensive amount of landscaping in an effort to soften the appearance of the parking structure. For instance, a 20 -foot wide landscaped setback, which will incorporate a variety of canopy trees, hedges and ground cover, will be provided along the south property line on St. Andrews Place. Further, a minimum landscaped setback of 12 -feet will be provided along the east property line and will be heavily landscaped with trees to also reduce the visibility of the structure. Finally, the structure itself will include a green screen on the east wall, further reducing its visual impact on the adjacent neighborhood (Exhibit 7). Project Background Mater Del High School began operations in Santa Ana in 1950. In 1961, the school obtained a CUP to expand their existing classroom facilities. In 1995, the school received approval of a development agreement, general plan amendment and amendment application (zone change), which approved a conceptual master plan for the expansion and build out of the Mater Del campus, which included the acquisition of residential properties to the east and the future vacation of a portion of several streets located directly eat of the campus. In 1999, the school received approval to amend the development agreement for the vacation of a portion of Baker Street, Pomona Avenue, Stanford Avenue and Edinger Avenue and approval of a revised master plan for the high school, which also included the construction of a future 46,241 square foot Performing Arts building. 75D -4 EIR No. 2013 -91 and Amend DA No, 1999 -01 July 13, 2015 Page 3 General Plan and Zoning Analysis The General Plan land use designation for the site is Institutional, which allows both government and educational uses such as Mater Del High School. The proposed project is consistent with this General Plan land use designation. A general plan amendment will be required for the 19 parcels and street right -of -way that will be used for the parking structure once they are under the control of the school. The subject site is located in the Open Space (0) zoning district. The O zoning designation allows uses such as educational facilities like Mater Del High School, As a result, the project site is consistent with the zoning designation. An amendment application (zone change) to change the zoning designation of the residential parcels to the Open Space (0) designation will be needed once the additional 19 parcels are acquired. Project Analysis Mater Dei is proposing to expand upon the operations of the existing school campus by constructing a three level, 990 -space parking structure on 19 parcels of land and street segments not currently owned by the school. Additionally, the school is proposing to demolish two older classroom buildings and construct a new two -story classroom building in the central section of the campus, Given the urban nature of the site, and the lack of available land surrounding the school, the applicant is proposing to expand into the adjacent single - family residential neighborhood. The following subsections of this staff report provide analyses for each of the recommended action items. Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR include aesthetics /light and glare, air quality, greenhouse gas emissions, housing, land use and relevant planning, noise, and traffic and circulation. Preparation of the EIR was originally initiated in late 2012 for the project. However, as a result of the economic downturn, minimal work was done on the EIR due to concerns with the ability to finance the project. During this time, the applicant was able to commence the purchase of some of the homes in the expansion area of the project. The applicant is now ready to move forward with the project, which includes the certification of the environmental impact report. In accordance with CEQA, the Notice of Preparation (NOP) for the project was circulated for a 30- day public review period on November 13, 2012. Further, a public scoping meeting was held on December 4, 2012 to receive comments on the NOP and project. The draft EIR was circulated for review and comment to public, local, regional and state agencies, and interested parties on October 0, 2014 for a 45 -day review period, On October 27, 2014, a public hearing was held on the document to obtain input from interested members of the public. By the close of the 45 -day review period, a total of five comments, three written comment letters and two oral comments, were received on the document. 75D -5 EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 4 The City has evaluated the comments received from persons or agencies that reviewed the EIR, In accordance with CEQA, each public agency and interested party that commented on the draft EIR was provided with a response to its comments at least 10 days prior to the Planning Commission public hearing. The 'Responses to Comments document, the Mitigation Monitoring Program and the Draft EIR constitute the Final EIR. In addition, the Findings of Fact and Statement of Overriding Considerations for the project have been prepared. The EIR has found that, of the seven environmental issues analyzed in the draft EIR, six were determined to be less than significant or could be reduced to less than significant levels with mitigation measures. With the exception of aesthetics /light and glare, it was determined that the remaining six environmental issues would have no significant and unavoidable adverse impacts associated resulting from this project after mitigation from proposed project implementation as all potential impacts that were identified for the project can be mitigated to a level of less than significant (Exhibit 8). The EIR identified aesthetics /light and glare as the one unavoidable adverse impacts associated with this project. The unavoidable aesthetic impacts pertained to the height, size and scale of the new parking structure being introduced into the neighborhood, that it would significantly exceed the height of the adjacent single- family residential structures found in the area, would contrast with other nearby buildings, and would be a visual intrusion into the neighborhood.. As a result of the impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project, A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts,. Amendment to the Development Agreement The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits (Exhibit 9). In 1995,, a development agreement was approved between the City and Mater Del, In 1999, a new development agreement was approved between the parties that approved the Mater Del 2000 Master Plan. Mater Del is now proposing to modify the approved master plan and obtain approval of an amendment to the development agreement. The four proposed primary modifications include: 1. An extension of the right to build the project as entitled for a period of 25 years, with an expiration date of 2040; 75D -6 EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 5 2. A revised site description that will include an additional 19 parcels of land along with vacated street rights -of -way, with a total project site of 25 acres; 3. A revised project description that will include the construction of a 990- space; three -level parking structure and a new 30,820 square foot; two -story classroom building; and, 4. An increase in the allowable student enrollment from 2200 to 2500. Staff has reviewed the applicant's proposal to amend the existing development agreement and is recommending approval of the request. Approval will allow for the construction of additional parking facilities on the school site and will allow Mater Del to consolidate their parking facilities onto the school campus. Further, the proposed amendments will allow the expansion of a key educational facility in the City. Public Notification The project site is located within the boundaries of the Memorial Park Neighborhood Association and is adjacent to the BristoVWarner and Mid City Neighborhood Associations. The president of these Neighborhood Associations were contacted by staff and notified by mail a minimum of 10 days prior to the public hearing to ensure the associations were notified of the meeting and to see if there were any areas of concern from the neighborhood. Most recently, staff and the applicant attended the Memorial Park neighborhood meeting on June 26, 2015 to review the scope of the project and receive input. A total of 10 members from the neighborhood were in attendance, with staff responding to questions raised from the attendees. The questions pertained to issues such as the construction schedule for the parking structure, the appearance of the parking structure, lighting and potential light intrusion into the neighborhood, the relocation of the parking structure, existing parking impacts and traffic. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Grange County Register and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis As part of the City's permitting process, the proposed, project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through Environmental Impact Report (EIR) No. 2013 -01. Sections 15080 through 15097 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an environmental impact report. 75D -7 EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 6 The EIR, as required by CEQA, contains 1) an initial study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of preparers. The mitigation measures included in this EIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the EIR evaluates the proposed project's effects on the following resource topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The City prepared a draft EIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's office on October 6, 2012. The City circulated the draft EIR for a 45 -day public review between October 6, 2014 and November 19, 2014. The draft EIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. This EIR is intended to provide a forum to air and address comments pertaining to the analysis contained in the draft EIR and to provide an opportunity for clarification, corrections, or minor revisions to the EIR as needed. Comments were received during the public review period. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the document. As a result of the environmental analysis, only one significant impact was identified from the construction of the proposed project, which involves significant impacts related to long -term degradation of the visual character /quality of the site and its surroundings. For those impacts identified as less than significant, mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program. Mitigation measures have been outlined to address potential impacts on aesthetics /light and glare, air quality and noise. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 75D -8 EIR No. 2013 -01 and Amend DA No. 1999 -01 July 13, 2015 Page 7 Conclusion Based on the provided analysis, staff recommends that the Planning Commission recommend that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the mitigation monitoring program and statement of overriding considerations for the Mater Del High School expansion project and adopt an ordinance approving the amendment to Development Agreement No. 1999 -01. Vince Fregoso, AICP Acting Planning Manager VF:jm OreportsWoter DeREIR2013 -01 &Amend DA99 -01.071315.po Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Building Elevations Exhibit 7 — Landscape Plans Exhibit 8 — Final Environmental Impact Report Exhibit 9 — Development Agreement 75D -9 U q3 may. RI cv aL.. 0 RI m q, d FIT a m. 'p1 sv.l E 10 R2 Rz R2 es R7 ul Rt RI Rl R7 R7 %) a fli a RI Ri 11 s Ri gs ne x, a m C1 a .� x� Rlx RT RI Al Rl �, R1 R1 RI € z ne sr Ri Rt fll El Pl � I Rl Rt R1 Ri F1 ft� �� g@ F Ri g Pi R1 RI spi sP o NaE R1 R1 fi S R R i R7 R Rt R7PT E' Rl R1 a Rl Rl % R7 R1 R7 3 R1 uA sP NO Rt L._,J L.._J 1 I � ERR R R1 Rt Rl R1 R1 R1 R1 aRl SP.i RT R1.. q1 R1 RINGER AV. 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MOOEICATION GC GOVITNMENTCENTER NR TWO FAMILY RESIDENCE CAM COMMERCIAL SOUTH MAIN MT LIGHT INDUSTRIAL HE MULTIPLEOfiNSITY MULTIPLE CI COMMUNITY COMMERCIAL M2 HEAVYINDUSTRIAL FAMILYREIDENCE ELMO COMM, COMMEROAIIMUSEMM DISTRICT MO MILITARY OPERATIONS IN SUBURBAN APARTMENTS C2 GENERALCOMMEBCIAL O OPENSPACE BE RESIDENTIAL STATE C3 CENTRALBUSINPSS P PROFESSIONAL SD SPECIFIC DEVELOPMENT C3'A LENTRALBUSIMESS- ARRSIVILLAGE AGE, PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNED SHOPPING CEN'ER PRO PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIALCOMMERCIAL EIR 2013 -01 /AMEND DA 1999 -01 MATER DEI CAMPUS EXPANSION 1202 WEST EDINGER AVENUE — - -500 FEET 1" =1000 FELT B -LA N N I T G A N D :6 U t L D I N IS A IS E AI C Y EXHIBIT 1 75D -10 Q z d u � Z W o ii o w w � � u EDINGER A E 1 d N T A 0 m Y u w _ U W � m � � w AVENUE ST ANDREW PLACE T R 5 1 E N T A L p g D E N T A l EIR 2013 -01 /AMEND DA 1999 -01 MATER DEI CAMPUS EXPANSION 1202 WEST EDINGER AVENUE ' P L A N N I N G A N 0 6 U I l DI N, G A G E N C Y EXHIBIT2 75D -11 FEIR 2013 -1 /AMEND DA 1999 -1 MATER DEI HIGH SCHOOL PARKING STRUCTURE AND CAMPUS EXPANSION 1202 WEST EDINGER AVENUE EXHIBIT 3 75D -12 L! yp r Zd i@ EFFEEEE EY6F1 Y °J �Bi 3• } i t i E Y � t ' i BFI ,eEEfli @''��E 6�li�Af �Y@ Yt' g v r e � 5 l'lT -raV `. � iip ei9 g � b�G id@ g B � �.. � ✓ �• {y � 3i�A 5r�g �� €�59 Q `� I 3� G .A Y xy `- •-- �! @i pEiaRgg Hy e IMM IRPy I�I s P z °ii ;� to _El • ;is �'yr— � �a ¢ `� � @ P,�� t °Y �q gps i' }s�is�' I�gl � _ p _ I if _ — — a IT -IT 1T— Eq h II Iid@ L! 4W--- ------ EM -L-fr nr ZZ� 9-- p Ads Kp 19 US, 0—:17 ---- ---- -- ------ ....... . ....... EXHIBIT 5 Page I of 3 75D-14 Jill V4 4W ---------- O O rv. . ... .. ... .. 1 77 _77 i i i 71 ----- ----- LT T_ ry --------- --- — Page 2 of 3 75D -15 -Page 3 of 3 75D -16 - — - - - — - — - — -- 'T 7- O ,-AL � � 1111L1111 I IIfIIJII =__ - — - - - — - — - — -- 'T 7- O ,-AL _EXHIBIT 6 Page 1 of 2 75D -17 .... 75D48 . . ..... : 4 � \ \ \ .... 75D48 . . ..... MB BE y eae a go_oc �3 .9 3�4 abaE EY Yryrypp 3 3 ya �3£h { .. •.— ' ,\-- 3NV13NIi -- _3NVl 3NIi ---- w R.h s i rn" "�flo °'�-� • �e� ` s� �Ne oro mlJlo a �. Diidr r.=_ I� a� _ vn es ypyg i!]�@ { pigg. _.�t w 3U 4k 6�k I nI k ` Irl\ V • � a fi/ e .34Y�d SM�aONV ":4S MB BE y g A d py W 9ii N ®®A 3g@ � B ¢ U 3 ' a v � way. �ID s ¢@ z RIDe '9g9 a Rea � a� f4 � g° ��y€ � &R9Ee 'S " @ID Eu QRg =si "Si §� IDRaRgg � 3 6 E li €g5�pe�n �g G @pa �3$ .g �g a i 9fy §pB[ Ofpq � gg�d � ngg psp 5g4 I L I :��d e Page 2 of 2 ?55n 2A a e sa�m� @y� e ��g gg$�ggg ID� g A d py W 9ii N ®®A 3g@ � B ¢ U 3 ' a v � way. �ID s ¢@ z RIDe '9g9 a Rea � a� f4 � g° ��y€ � &R9Ee 'S " @ID Eu QRg =si "Si §� IDRaRgg � 3 6 E li €g5�pe�n �g G @pa �3$ .g �g a i 9fy §pB[ Ofpq � gg�d � ngg psp 5g4 I L I :��d e Page 2 of 2 ?55n 2A f The Final Environmental Impact Report is available for review at the following: http• / /www santa -ana org/ pba/ planninq /MaterDeiParkin.qStructure asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 20 Civic Center Plaza Santa Ana, CA 92701 75D -21 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (` "Second Amendment") is entered into this — day of 2015; by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the laws of the State of California ( "City"), and the DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non - profit corporation ( "Developer "). RECITALS A, On August 21, 1995, the Developer and City entered into a Development Agreement ( "Development Agreement") to facilitate the physical expansion and improvement of an existing private secondary school "Project ") on that certain property generally located on the west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue, and east of Bristol Street ( "Property'), as approved by Santa Ana City Council Ordinance No. NS -2260. A ft ac and correct copy of said Development Agreement is attached hereto as Exhibit 11 and incorporated herein by this reference, B. On June 21, 1949, the Developer and City entered into an Amendment to Development Agreement to reflect various changes in the development standards applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS -23$9. A trac and correct copy of said Amendment to Development Agreement is attached hereto as Exhibit 12 and incorporated herein by this reference. C. Government Code § 65868 provides that a development agreement may be amended by rputual consent of the parties to the agreement. The City and Developer desire to enter into this Second Amendment in order` to facilitate an increase in student population, expansion of school classroom facilities, constriction of a parking structure, and for general athletic uses and activities on parcels to be acquired by Developer. D. The terms and conditions of this Second Amendment have been found by tyre City Council to be fair, just and reasonable, and the City has concluded that the purpose of the development as described herein will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this Second Amendment. NOW, THEREFORE, in consideration of the foregoing Recitals, and the mutual covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ,parties hereto agree as follows: L Recital B of the Development Agreement shall hereby be amended by adding the fallowing to the end of the existing language: The Development is also to be located on the additional parcel proposed to be acquired by the Developer, which are shown collectively as Additional Parcel No. 4 on Exhibit 1, attached hereto and incorporated herein by this reference. Additional Parcel No, 4 shall be considered as an "Additional Parcel' and as part of the "Property" as these 75D -22 terms are defined in the Development Agreement. The parcels comprising Additional Parcel No. 4 are each owned by different owners," 2. Section 1, Application, of the Development Agreement shall hereby be amended to mead as follows: 411 Application. This Development Agreement pertains initially to the Original Parcel. This Development shall apply to Additional Parcels Nos. 1, 2 and 3,, and Additional Parcel No, 4; at such time as the Developer acquires title to each such Additional Parcel and a Zoning Ordinance Amendment to match the zoning on the Original Parcel with the Additional Parcels is processed by the City of Santa Ana. It is intended that no further or additional action be necessary by either party hereto to maize this Agreement effective as to such property, except that section 12 of this Development Agreement shall be effective immediately upon the Effective Date of this Development Agreement." 3, Section 2, Term, subsection (b) of the Development Agreement shall hereby be amended to read as follows: "(b) The term ("Term") of this Development Agreement shall be twenty -`five (25) years from the effective date of the Second Amendment, subject to earlier termination as hereinafter provided: Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term" 4. Section 3, Permitted Use of the Property, shall hereby be amended to read as follows: "The parties agree that the use of the Property as a private secondary school offering general, technical, vocational acid college preparatory education to students in Fades 9 through 12 is a permitted use of the Propety, subject to the right of the City to enforce all law's which do not conflict with the rights of the Developer under this Development Agreement. In addition, a permitted use of Additional Parcels Nos, 1 and 2 is a parking lot use and a permitted use of Additional Parcel No. 3 is office or classroom use, provided such office or classroom use is carried on exclusively in conjunction with the school on the Original Parcel. In addition, a permitted use of Additional Parcel No, 4 is a parking structure with a possible phasing in of surface parking prior to the construction of the parking structure, provided such uses are carried on exclusively in conjunction with the school on the Original .Parcel." 5. Section 4, Special Development Standards, subsection (a) of the Development Agreement shall hereby be amended to read as follows: "(a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,500 at any one trmc." 75D -23 6. Section 4, Special Development Standards, subsection (c) of the Development Agreement shall hereby be amended to read as follows: "(c) :Maximum size of buildings: The aggregate floor area of all buildings on the Property shall not exceed 267,146 square feet" 7„ Section 4, Special Development Standards, subsection (h) of the Development Agreement shall hereby be amended to read as follows: "(h) Site access shall be from Bristol Street, Edinger Avenue and at the intersection of St. Andrew Place and Baker Street and emergency vehicle access at Pomona Street and Stanford Street as shown on Exhibits 2, 3, 4, 5, and 6 attached hereto and incorporated herein by this reference." 81 Section 4, Special Development Standards, subsection (i) of the Development Agreement shall hereby be amended to read as follows: "(i) On -site circulation shall meet minimum City Standard of 23 -foot aisle width, 24 -foot radius turn- around area for passenger vehicles (40 foot radius for buses and trucks), continuous forward movement of passenger vehicles, 60 -foot entry throats and no less than 8 '/S x 18 foot parking stall sizes." 9_ Section 4, Special Development Standards, subsection (k) of the Development Agreement shall hereby be amended to read as follows: "(k) Perimeter limited access gates may be constructed provided that they are open during all business /school hours, visible to the street when closed, and located no closer than 20 feet from the street right -of-way, Access gates shall maintain a 60 foot setback fi•otn Edinger and a 20 foot setback from Berkeley and St. Andrew Place." 10. Section 5, General Development Standards, of the Development Agreement shall hereby be amended to read as follows: "5. General Development Standards. Except as otherwise provided in Sections 4 and 6 of this Agreement, the City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the City establishing design, design, density, improvement and construction standards which are in effect as of the effective date of the Second Amendment to Development Agreement shall govern the Development during the Tenm of this Development Agreement, provided, however, that development standards as revised after the Effective Date of the Second Amendment to Development Agreement may be applied to the Development with the muttiial consent of the Developer and the City's Planning Manager, Additionally, all proposed improvements must conform to all Site Plan Review approvals for the Project." 75D -24 11. Section 7, Dedications and Street Improvements, subsection (e) of the Development Agreement shall hereby be deleted and amended to read as follows: "(e) A 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. The Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian PIaaa as identified on the Site Plan." 12. Section 7, Dedications and Street Improvements, shall hereby be amended by adding the following to the end of the existing language; ` °(c) Phase 11: Parking Structure and Additional ,Athletic Space to be completed by the Developer at the Developer's sole cost and expense: (i) Installation of a traffic signal and crosswalk at Bristol Street and St. Andrew Place, phis a dedicated right -taro lane along westbound St, Andrew Place at Bristol. Street; (ii) Completion of abandonment for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley; (iii.) Completion of drainage improvements and storm drains; (iv) Modification of a four -way stop at the interscotion' of St. Andrew Place and Baker Street; and (v) Updated left -turn signal tithing at the Edinger Avenue and Monarch Way intersection for entry into the Mater Dei campus." 13. Section 10, Envircmiiental Compliance, of the Development Agreement shall hereby be amended to rear] as "follows: "10. Environmental Compliance. The Environmental Impact Report for the Development is incorporated herein by reference as though fully set forth at length. The City and the Developer acknowledge that to the extent that said document identifies certain mitigation measures applicable to the Development, Developer agrees to implement the various mitigation measures recommended to be implemented by the Developer pursuant to said document, provided that the Developer proceeds with the Development and commences construction. The City agrees to implement the various mitigation measures recorwnended to be implemented by the City pursuant to said document, provided that the Developer proceeds with the Development and commleuces construction." 14, Section 11, Street Vacations, shall hereby be amended by adding the following to the end of the existing language: "Developer shall submit an application and the City shall hold a public hearing to consider whether to adopt -a resolution vacating the City's right of way casements over 4 75D -25 Balser Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are included on or about Additional Parcel No. 4, as shown in Exhibit S attached hereto and incorporated herein by this reference. Such resolution shall not be adopted prior to the Developer having acquired title to all the parcels that collectively comprise Additional Parcel No. 4, and may include conditions which must be fulfilled prior to the vacation becoming effective. If said vacation resolution is approved, the Developer shall prepare plans for and remove street improvements from said vacated streets, relocate utilities and construct public drainage improvements in the area of any drainage easement granted to the City by Developer pursuant to Section 7 of the Development Agreement, as amended by this Second Amendment, in accordance with the following terms and conditions: (1) 'd'hat the traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel 4, acceptable to the Public Works Agency. (2) That said street removal, utility and drainage improvement work shall be completed by the Developer prior to the date occurring two (2) years after the date on which the City has adopted the resolution vacating the right of way easements, (3) The Developer shall be responsible for plan preparation, removal and/or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this section, without cost to the City. If, at the design development stage, the City determines that street lights are required as a result of the tei ination of Berkeley Street or Occidental Street, the Developer shall design and install the street lights within the context of standard spacing requirements utilized citywide. (4) Once all required street vacations are completed, Additional Parcel No. 4 shall be merged with the Original Parcel, as defined in the Development Agreement, into a single new parcel by means of a lot consolidation process. Developer shall file, process and record the lot consolidation. The consolidation shall be completed prior to the issuance of a building permit, The City shall retain existing utitity easements within the former street rights -e£ way abandoned for the project, where necessary as determined by the Public Works Agency. (5) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be storm drains and surface drainage facilities as depicted in Exhibits 9 and 9A, attached hereto and incorporated herein by this reference, or as approved by the Public Works Agency. Developer may install an underground piped drainage system within school property. Once constructed, Developer shall be responsible 75D -26 For maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage. (6) Developer shall relocate the two utility poles and guy wires located between Berkeley Street and Occidental Street as shown on Exhibit 10 attached hereto and incorporated herein by this reference" 15. Section 12, Off -Site larking Mitigation, subsection (a) of the Development Agreement shall hereby be amended to read as follows: "(a) The patties hereto acknowledge and agree that the students attending the school park their automobiles on the local streets in neighboring residential areas; that the approval of this Development Agreement will not exacerbate that situation because this Development Agreement limits the number of students attending tho school to 2,500 students; but that this Development Agreement allows the parties to jointly mitigate the student parking problem that will continue to exist unless mitigated by the provision of additional off- street parking areas. Therefore, the parties agree to undertake the off - street parking mitigation treasures set forth in subsections (b) and (c) of this section." 16. Except as amended by this Second Amendment, all the terms, conditions and agreements of the Development Agreement and all exhibits and attachments thereto, including the Amendment to Development Agreement and all exhibits and attachments thereto, shall remain in full force and effect, and each such to=, covenant, and condition is incorporated herein by reference as thotigh set forth in frill. 17. This Second Amendment may be executed in counterparts which, when both of the parties hereto have signed this Second Amendment, shall constitute an original, 18. The Development Agreement, originally adopted on August 21, 1995, as amended on June -21, 1999, and as again amended by this Second Amendment, is hereby accepted by the City and Developer, and it will be administered in the State of California, and its validity, construction, and all rights thereunder shall be governed by the laws of such state, 75D -27 IN WITNESS WHEREOF, this Second Amendment to Development Agreement has been executed by the Parties hereto on the day and year first written above. ATTEST: MARIA D. RUIZAR Clerk of the Council. APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney By: Ryan 0. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL; HASSAN HAGNANI Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION 75D -28 EXHIBIT 1 PARCELS POP,.. ADDITIONAL PARCEL NO 4 (Parking Structure) 0 75D -29 EXHIBIT 'T' SITE ACCESS BRISTOL STREET 75D -30 EXHIBIT 'T' SITE ACCESS EDINGER AVENUE 10 75D -31 L' )C BIT "4f4 SITE ACCESS ST. ANDREW PLACE AND BAILER STREET 11 75D -32 EXHIBIT "5„ EMERGENCY SITE ACCESS POMONA STREET 12 75D -33 EXHIBIT "6" EMERGENCY SITE ACCESS STANFORD STREET ]3 75D -34 EXHIBIT 'T' UTILITY EASEMENT 14 75D -35 EXHIBIT "8" 15 75D -36 EXHIBIT "9" DRAINAGE MPROVEMENTS 16 75D -37 EXHIBIT "9A° DRAINAGE IMPROVEMENTS 17 75D -38 EXHIBIT "10„ RELOCATION OF UTILITY POLES BETWEEN BERKELEY STREET AND OCCIDENTAL STREET 18 75D -39 EXHIBIT "11" DEVELOPMENT AGREEMENT: SANTA ANA CITY COUNCIL ORDINANCE NO. NS-2260 19 75D -40 EXHIBIT "12" AMENDMENT TO DEVELOPMENT AGREEMENT: SANTA ANA CITY COUNCIL ORDINANCE NO. NS -2389 20 75D -41 ORDINANCE NO. NS-238 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO T14E DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DIOCESE OF ORANGE EDUCATION'AND WELFARE CORPORATION WHEREAS, this Council adopted OrdinanceNo. NS -2260, on August 21,1995, adopting a Development Agreement ( "Agreement") between the Diocese of Orange Education and Welfare Corporation, a Californiallon- profit Corporation (Developer) and the City of Santa Ana (`'City ") to facilitate the physical expansion and improvement of an existing private secondary school (the "Project") on that certain property generally located on the west side of Baker Street, north of St. AndrewFlace, south of Edinger Avenuo and east of Bristol Street (the "Property"); and, WHEREAS; the parties to the Agreement now desire to amend said agreement to reflect various changes in the development standards applicable to the Project, and WHEREAS, this Council, prior to taking action on this ordinance, has held a duly noticed public hearing, on said Amendmentto the Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 1. Pursuant to California Environmental Quality Act ( "CEQA ") Guidelines Section 15164, this Council finds and determines that after completion of Environmental Review No. 98 -137, an Addendum to Mitigated Negative Declaration No. 95.27 is appropriate to address only minor technical changes or additions to the Project, and is hereby approved and certified. 2. That certain Amendmentto the Development Agreement between the City of Santa Ana and Diocese of Orange Education and Welfare Corporation; dated August 21, 1995, is hereby approved; as attached in exhibit I and incorporated herein as if fully set forth, and the Mayor is authorized to execute said Amendment on behalf of the City of Santa Ana following its execution by Developer, and the Clerk of the Council to attest to the same. 3. The Clerk of the Council is directed to cause a copy of the Amendment to the Development Agreemeatto be recorded in the official records of Orange County; California, within ten days following its effective date. As use herein effective date means the date thirty days after the date of adoption of this ordinance. 75D -42 M �J1 ADOPTED this 2-1.,,,_tday of .Tune 1999.. ATTEST: FF Guy City Clc* COUNCILMEMBERS: CITY OF SANTA ANA Pw;a or yY MiguelPulido Aye APPROVED AS TO FORM: Tam Lutz Ave LisaBist Aye AlbertaCh4sty Aye Brett Franklin Absent Pat McGuigan Aye A. S tz Ted Moreno Aye Assn yA ey 2 ^.J Ordinance No. N9 -2389 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No, A/5 2-32q 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 t e City of ant" Ana. Date:�3 /9 �7�' f the Counci ity o Santa Ana r :9 1�• A �• ter � EXHIBIT 1 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT (Amendment) is entered into this I q Yw _ day of 1999, by and between the CITY of S A ANA, a municipal-/ corporation organized and existing under the laws of the State of talifornia (City) and the DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California nonprofit corporation (Developer).COWAledC) RECITALS WHEREAS, on August 21, 1995, the Developer and city ( "City ") entered into a Development Agreement ( "Agreement ") to facilitate the physical expansion and improvement of an existing private secondary school (the "Project ") on that certain property generally located on the west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue and east of Bristol Street (the "Property "); and WHEREAS, the parties to the Agreement now desire to amend said Agreement to reflect various changes in the development standards applicable to the Project. NOW, THEREFORE, in consideration of the foregoing Recitals, and the mutual covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Provision 3 of the Agreement shall hereby be amended to read as follows: 3. Permitted Use of the Property, The parties agree that the use of the Property as a private secondary school offering general, technical, vocational and college preparatory education to students in grades 9 through 12 is a permitted use of the Property, subject to the right of the City to enforce all laws which do not conflict with the rights of the Developer under this Development Agreement. in addition, a permitted use of Additional Parcels Nos. 1 and 2 is a parking lot use and a permitted use of Additional Parcel No. 3 is office or classroom use, provided such office or classroom use is carried on exclusively in conjunction with the school on the Original Parcel. 2; Provision 4 of the Agreement shall. hereby be amended to Page .I of 14 75D -45 ____ 91 92 read as follows: 4. Special Development Standards. The following standards shall apply to the Development notwithstanding anything to the contrary in the land use and development plans and regulations of the City as they currently exist or may be hereinafter amended. (a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,200 at any one time. (b) Maximum height of buildings: No building on the Property shall exceed 50 feet in height within 100 feet of residential property, or 75 feet otherwise. (c) Maximum size of buildings: The aggregate floor area of all buildings on the Property shall not exceed 230,000 square feet, (d) A minimum of 200 parking spaces shall be maintained onsite. (e) A minimum 15 feet landscaped setback shall be maintained along all public right -of -way, except where existing structures encroach at the bus turn out on Edinger Avenue and where parking is between Bristol Street and the performing arts building per the master plan, Exhibit K. (f) A minimum 5 feet landscaped setback shall be maintained along all interior property lines. (g) Fire protection systems and fire lanes shall be provided to the satisfaction of the Fire Marshall. (h) Site access shall be from Bristol. Street, Edinger Avenue and at the intersection of Baker Street and Berkeley Street and emergency vehicle access at Pomona and Stanford streets as shown on Exhibits J, K, N, O, and P. (i) On -site circulation shall meet minimum City Standard of 23 -foot aisle width, 24 -foot radius turn- around area for passenger vehicles (40 foot radius for buses and truck,), continuous forward movement of passenger vehicles, 60 -foot entry throats and 9 pi x 18 foot parking stall sizes. Page 2 of 14 (j) A minimum 35 feet on -site student drop -off zone shall be provided, I q; (k) Perimeter limited access gates may be constructed provided that they are open during all business /school hours, visible to the street when closed, and located no closer than 20 feet from the street right -of -way. Access gates shall maintain a 60 foot setback from Edinger and a 20 foot setback from Berkeley. (1) Parking lots shall be landscaped with 150 square feet minimum planters at the end of rows of parking. (m) An eight foot high masonry wall, as measured from the adjacent grade, shall be provided along the east property line abutting residential. (n) Ornamental iron or similar fencing, such as painted tubular steel or aluminum, shall be used if fencing is provided around the campus buildings along Edinger and Bristol Streets. Chain link may be utilized at athletic fields. (o) The Building Security Regulations (S.A.M,C. Chapter B, Article 2, Division 3) are applicable only to new buildings and remodels exceeding 50% of the value of the existing building or structure. These regulations do not apply to unopenable windows or mechanical shafts that are not accessible. Waiver requests from these regulations will be considered as each building is being reviewed in Building Division plan check. On -site manned security shall be a consideration in evaluating waiver requests. (p) The City will conduct architectural review as a component of the Development Project Plan Review process as to. Architectural compatibility to the site and area; Architectural treatment on all sides of buildings; w Architectural finishes, materials and colors; and • Compliance with general architectural design standards applied citywide. Page 3 of 14 93 94 However, the City will not mandate a particular architectural style (i.e. mission, post modern, cape cod) on the project. (q) The Developer shall install parking lot lighting for security purposes as required by the City. (r) Developer shall maintain an on -site circulation management program. (s) Developer grants to City the authority to remove graffiti on any block wall facing a public street upon reasonable notice to Developer. 3. Provision 6 of the Agreement shall hereby be amended to read as followst 6. Non- vested City Laws and Regulations (a) Developer and all persons and entities in occupation of any portion of the Property shall comply with all City laws and regulations which do not conflict with the use and development of the property pursuant to provisions 3 and 4 of this Agreement as such City laws and regulations may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, the use and development shall comply with the following types of City laws and regulations as they may from time to time be enacted or amended hereafter; W Tuxes, assessments, fees and charges; provided, however, that the collection of ceztain development fees shall be governed by subsection (b) of this section. (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes 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; (iv) Procedural rules of general city -wide application. (b) The Transportation System Improvement Fee a e 4� aE 14 -- �1 ,q 5 (currently established by S.A.M.C. a 8 -44), the Drainage Area Fee (currently established by S.A.M.C. §§ 34 -191 et seq.) and the Sewer Connection Fee (currently established by S.A.M.C. § 39 -53) shall be paid by the Developer in the rates in effect at the time payment is due. However, the calculation and collection of such fees shall be governed by the following principles: (i) Transportation System Improvement Fee: • Payment shall be due prior to issuance of building permits. • The fee will not be applied to the remodel or rehabilitation of existing buildings. Credit will be given for the demolition of any existing structure pursuant to Santa Ana Municipal Code §8 -44. (ii) Drainage Area Fee: Payment will be due prior to the issuance of a building permit. • A 12 -acre credit will be given for previous fees paid for the Property. (iii) Sewer Connection Fee: . Payment shall be due prior to issuance of building permits. • Credit will be given for fixture units removed due to the demolition of any structure. No fee shall be collected for the rehabilitation or remodel of a building unless there is a net increase in the number of fixture units. The parties also. understand that the City currently collects a fee on behalf of the Orange County Sanitation District and that that district determines the rules for calculation and collection of that fee, as well as the amount. The City shall not impose any fee on the Developer for the construction of street medians. 4. Provision 7 of the Agreement shall hereby be amended to Page S of 14 ? S AS- ss read as follows: 7. Dedications and Street Improvements. Developer agrees to make the following dedications of land to the City in connection with the Development: (a) A right -of -way easement dedicated for street purposes for a diagonal corner cut -off on the southeast corner of the intersection at Bristol Street and Edinger Avenue, as shown on Exhibit F. (b) A right-of -way easement dedicated for a bus turn -out on the Edinger Avenue frontage of the Property, as shown on Exhibit G. (c) A 20- foot -wide drainage and utility easement as shown on Exhibit H and a 6Q- foot -wide drainage access, utility and emergency access easement over the portions of Baker, Stanford and Pomona Streets being abandoned as shown on Exhibit M. (d) A right -of -way easement dedicated for a diagonal corner out -off at the southwest corner of Edinger Avenue and Baker Street at the proposed main entrance to the school, as shown on Exhibit 1. (e) A right -of -way easement dedicated to accommodate the Berkeley Street new knuckle design, as shown on Exhibit P. Prior to the issuance of a certificate of occupancy for any new building on the Property, Developer shall make dedications (a) and (b), above, and shall, at Developer's sole cost, do the street work necessary to improve the bus turn -out in accordance with Exhibit G and the Edinger main entrance in accordance with Exhibit J, attached hereto and incorporated herein, all in accordance with City standards. The City shall do the corner cut -off street work at Bristol and Edinger, at the City's sole cost, at such time as the City widens and improves Bristol street in the vicinity of the Property. The City shall also do the necessary median changes in Edinger Avenue in accordance with Exhibit J at its own expense at such time as Developer improves the Edinger Avenue main entrance. Dedications and /or easements (a), (b), (o), (d) and (e) as listed above, shall be made by Developer prior to the issuance of any building permit.. The installation of improvements for the parking lot area, Page 6 of 14 including, but not limited to, the storm drains, curb and gutters, pavementr'streetsrlights, parkway culverts, sidewalks, and drive approaches shall be the responsibility of the Developer and the City, in accordance with Section 11 and 11.5 of this Agreement. Developer is authorized to construct the public improvements on behalf of the City pursuant to Section 11.5 of this Agreement and shown on Exhibit A. The City shall bear the cost of the preparation of a traffic analysis for the proposed traffic signal at the main entrance to the school on Edinger Avenue at Baker Street. The City shall also bear any and all costs related to the design and installation of said traffic - signal. Developer shall be responsible for any other' traffic analysis associated with the development of the project and any mitigation related thereto. Developer agrees to provide the City with an easement for the installation of underground traffic signal appurtenances and traffic signal ,loops, if it is necessary for such appurtenances and traffic signal loops to encroach into the Property_ The City shall take all reasonable means to install all controller boxes on the northwest corner of Edinger Avenue at Baker Street, Developer agrees to make the dedications referenced in this section without payment from the City in consideration of receiving the City's approval of this Development Agreement. No other dedications of land will be required by the City in connection with the Development during the Term of this Development Agreement. 'However, 'nothing herein shall be construed to limit the City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. Phasing of the off -site improvements shall be as follows: (a) Phase 1: Parking Lot (i) Installation of a traffic signal at Edinger Avenue and Baker street; (ii) Dedication of corner cut -off on the southwest corner of Baker. Street at Edinger Avenue; Page 7 of 74 75D -51- 97 ss (iii)Dedication of land for new knuckle design at Berkeley; (iv) Completion of abandonment for Baker, Pomona and Stanford streets and construction of cul-de -sacs at Pomona Street and Stanford Street; (v) Relocation of two utility poles and guy wires along east property line; and (vi) Completion of drainage improvements and storm drains. (b) Phase 1A: Library and Science Building, Student Services and Chapel W construction of bus turn =out on Edinger, Avenue; and (ii) relocation of utility poles for bus turn out. S. Provision 11 of the Agreement shall hereby be amended to read as follows: 11. Street vacations The City shall hold a public hearing to consider whether to vacate the excess right -of -way of Bristol Street shown on Exhibit L, attached hereto and incorporated herein, promptly following the execution of this Agreement, The City shall hold a public hearing to consider whether to vacate and abandon the City's right of way easements over Baker Street, Stanford Street, and Pomona Street to the extent they abut the Additional Parcels, and over the Edinger frontage road to the extent it abuts the original Parcel and Additional Parcel No. 3, as shown in Exhibit M, attached hereto and incorporated herein, and shall, remove street improvements from the said vacated streets and construct public drainage improvements in the area of the drainage easement granted to the City by Developer pursuant to Section 7 of this Development Agreement, in accordance with the following terms and conditions: (a) The said street removal and drainage improvement work shall be completed by the city prior to the last of the following dates: (i) The date occurring one (1) year after the Page 8 of 14 „ �99 date an which the City receives written notice from the Developer that the Developer, has acquired title to all the Additional Parcels (provided the Developer has in fact acquired such title). (ii) The date occurring one (1) year after the date on which the City receives written notice from the Developer that the Developer has removed all improvements from the Additional Parcels (provided the Developer has in fact removed such improvements). (iii) The date occurring one (1) year after the date on which the Developer dedicates the drainage easement specified in Section 7 of this Development Agreement to the City. (b) The City shall be responsible for the removal and/or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this section, without cost to the Developer (other than costs for any new utility connections which may be necessary). if, at the design development stage, the City determines that street lights are required as a result of the termination of Pomona and Stanford Streets, the City shall design and install the street lights within the context of standard spacing requirements utilized citywide. (c) once all required street abandonments are completed, the original Parcel and the Additional Parcels shall be merged into a single (1) new parcel by means of a Lot Line Adjustment. Developer shall file, process and record the Lot Lime Adjustment. The consolidation shall be completed prior to the issuance of a building permit. The City shall retain existing utility easements for sewer, water, drainage and maintenance purposes within the newly created parcel. Developer shall allow City access to all City utility easements within the former street rights -of -way abandoned for the Project. (d) it is understood and agreed that the drainage improvements to be installed by the Developer in the drainage easement shall be storm drains and surface drainage facilities, as depicted in Exhibits H,N,Q,P and Q or approved equal by the City's Engineering Division. Page 9of 14 75D -5 loo it is further understood that such surface drainage improvement may not be sufficient to fully protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer may install an underground piped drainage system within the school property and may connect to any existing city drainage facility. once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a landscaped area. Developer shall provide City with a surface drainage easement for public water flowing across the private parking area. 6. Provision 11,5 shall hereby be added to the Agreement to read as follows: 11.5 Reimbursement (a) In the event Developer elects to undertake construction of the off -site improvements pursuant to this Agreement and as further detailed in Exhibit Rr City shall reimburse Developer in accordance with Exhibit R, provided, in no event shall City's reimbursement for the off -site improvements exceed $550,000, in the aggregate. Developer shall submit progress payment invoices to City for the actual cost of construction. Payment by City shall be within 30 days from receipt of said invoice, subject to City accounting procedures. Final payment shall occur after all off -site improvements are completed and accepted by the Executive Director of the Public Works Agency. (b) Developer shall relocate the two utility poles and guy wires located between Berkeley Street and Stanford Street (as shown on Exhibit S). City shall reimburse Developer for the cost of the relocation. Developer shall submit an invoice to City for the actual cost of the relocation and payment by City shall be within 30 days from receipt of said invoice, subject to City accounting procedures, With the exception of the utility poles referenced Page 10 of 14 in Exhibit Be Davelo�er'- shall' be responsible for all costs associated with the undergroundin,g of peripheral utility lines and relocation of any other utility poles and guy wires. (c) Bidding Requirements Developer shall enter into a single contract for the construction of on -site and off -site improvements, as further set forth in Exhibit R. The City shall approve the award of this contract to the llowest responsible bidaer, which shall be deemed to be the lowest responsible bidder for both on -site and off -site improvements when considered together. The Developer's bid package shall; (i) Require separate bids for construction of on -site improvements vis-a -vis off -site public improvements and require the contractor to separately account for costs expended on on- site vis- ,a -vis off -site improvements; (ii) Require use of prevailing wage rates for off -site public improvements; (iii) Use City approved bid package; (iv) Employ bidding process in accordance with City procedures per Santa Ana Municipal Code §2 -805; (v) Require that all change orders for off - site public improvements shall be approved in writing by the Executive Director of the Public Works Agency prior to the commencement of work; and' (vi) Provide that the bids shall be delivered under seal directly to the City. Alternatively, should the City and Developer jointly elect, the off -site public improvements, as further set forth in Exhibit R, may be bid and contracted for using a "management contract method." Should Developer propose use of management contract method for such improvements it shall identify in writing a proposed management contractor. Upon receipt of this request, the Executive Director of the Public works Agency shall review such proposal within three (3) working days. Should the parties choose to utilize the management contract method for construction of the off -site public improvements, the bidding requirements, as set forth above, shall be modified in that (i) the bidding requirements shall apply only to the off -site public improvements and not to the separate contract to Page 11 of 14 - 75D -5 _ _ 101 102 be let by the Developer for the on -site improvements, -and (ii: fox... .the of.-f- ''site: public. mprovements - separate krids shall be „subma.tted to the City for eaph trdde, The -nanageunt 'cont`ractax ' sha3'i ,gerf`orm •.nnne i'.b= the construction .itself unless it is awarded a 'separate contract therefore as the lowest responsible bidder in subsequent bidding under the procedures set. forth above. Should the management contract method be utilized, the cost. of the management "contractor shall be included in the $550,000.00 cap as 'set,.forth in paragraph 11,5(x) of this Agreement.. (d) Construction Requirements Developer shall carry out the design, construction and operati e on of the off - sit, improvements in substantial 'confarmity' With ' all applicable .'.lads; ordinances, estatutes, codes; 'rules' regulations', orders and decrees of the United States, the State of California, the County, of Orange, the City or any other political subdivision in which the Property is located, and of any other political subdivision.,, agency, or instrumentality exercising ,jurisdiction over the City, Developer or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, city. permit and approvals, building; plumbing, mechanical arid' electrical codes,, as they apply` to the oft-site improvements, and all other provisions, of the City and its Municipal Code and all, applicable., disabled and handicap access' requirements, including, without limitation, the Americans with Disability Act, 42 U.S,C. §12101 et seq., Government Code 94450 et seg. and the Unruh Civil Rights Act, Civil Code 951 et seq. (Governmental' Requirements) . Developer explicitly acknowledges that construction of the public off -site improvements shall be subject to the requirement that Developer shall pay. "prevailing wage” rates pursuant to Labor Code §1720 et seq. and that this standard shall constitute one of the Governmental Requirements. 9. Provision 12(b) of the Agreement shall hereby be. amended to read as follows: (b) The City agrees to construct a public parking lot on the east side of Bristol Street north of Edinger Avenue as part of its Bristol Street widening project. i Page 12 of 14 75D -56 103 The said parking lot shall contain approximately 240 parking spaces. The city shall not impose any charge for parking at the said parking lot. The parking lot is contemplated to be constructed approximately in the year 2000. The City will not widen and improve Bristol Street north of Edinger Avenue without construction of the said parking lot. 6. Provision 22 shall hereby be added to the Agreement to read as follows: 22. Exhibits All exhibits to the Amendment are attached hereto and incorporated herein as if fully set forth and in the event of any duplicative numbered or lettered exhibits, all exhibits to this Amendment shall superoede and replace any previous exhibits. 9. Provision 23 shall hereby be added to the Agreement to read as follows: 23. Hold Harmless Developer agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of Developer or their contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. Developer agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Developer's actions in connection with the Project, any claims arising out of this Agreement, or any approval or certification by the city relating to the Project. This hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been Page 13 of I4 75D -57 ___ __ 104 suffered, by reason of the events referred to in Section 11.5 or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the 'Project. Developer further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or' property rights by reason of the terms of, or effects arising. from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, 10, This Amendment may be executed in counterparts which, when both of the parties hereto have signed this Amendment, shall constitute an original. "t 11. The Effective Date of this Amendment, when both parties hereto have signed this Amendment, shall be the latest of the dates set next to the signatures of the parties below, and such date shall be inserted into the preamble of this Amendment; 12. Except as hereby amended, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the Effective Date. ATTEST: CITY OF SAN ANA 4YorC l< By 4al. /9 ca C..Guy e i! l rk of the Council Va o 14 of 14 7 D-58 APP VED AS TO FORM; DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION ary A e z By sis nt ity Atto ey Name _ �3ro OJAI Title �feStL�Pr�h By tl� rt�GZdGCn.�cr�- Name JpNnl tJlc!%� Title JZCI�fr �y Date Page 15 of 14 --- _7� -59 105 1176 , CALIFORNIA ALL - PURPOSE AC"OWLEAGMENT State of California County of Orange On duly 19, 1999 before me, Janice O Guy DATE JANICE C, GUY, CLERK OF THE COUNCIL personally appeared, Mieuel A Pulido NAME(S) OF SIONERM personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose nam(s) is /are subscribed to the within instrument and acknowledged to me that XN 7,, he /she /they executed the same in his/her /their 4 R A authorized capacity(ies), and that by his/her /their 65 0 JUN 4 qbQ signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. v WITNESS my hand and official seal, % MAT 01 OF MEW OF THE COUNCI CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On ]uiy 20 1999 before me Maria Raano DATg MAMA EUANOo DEPUTY CLERK OF THE COUNCIL personally appeared, Janice C Guy NAMPS)OFSIGNWS7 personally known to me OR - 0 proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is /are subscribed to the �r !� within instrument and acknowledged to me that he /she /they executed the same in his/her /their 0 g P O R 4,% 7 , authorized capacity(ies), and that by his/her /their J igg5 0 + signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �1 1a* WITNESS my hand and official seal, SIGNATURE OF DEP T u"KK OF THE COUNCIL '"^+ 75D -61 107 IM Sta' Cot On pen personally known to me – OR – 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within' instrument and acknowledged to me that he /she /they executed the same in his/her /thelrauthoriized capaclty(les), and that by his/her /their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ' m - Mauled the instrument, PHYLLI5 SOLOY Commission 411534M WITNESS m hand and official seal. 6MyCornrn.I5#e$Aug Notary Puollc- Cali fornia y orange County 24,2Q1 81goolum. of Notary public OPTIONAL Though the information bolov is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documenrfrr Document pater e.. _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name �� . cu r- ❑ Individual Corporate O 'car Title {r,); �r'u�c..Le'<.�' G Partner — ❑Limited El General 0 Attorney -In -Fact EI Trustee • Guardian or Conservator • Other: Tap of thumb hero Signer Is Representing: r 0 1695 Notional Nnlary ktoolalloo - Me Rommel Ave, M Oax7194 - gon46g Signer's Name; ❑ Individual Corporate Officer �1 �� ❑ Partner ❑ Limited 0 General ❑ Attorney -in -Fact • Trustee • Guardian or Conservator Mffiffia El Other: Top of thumb here Signer Is Representing: 75D -62 Prod, No. IsM Im V, viq .......... ............ ....... . ............... ............... ...... ............ . i. ..... ..... . 'N ......................... ...... . ........ 58.1 EX. RIN 58.3 ... .......... - .... -1-11 .... 14, NW PROP, RIW 6us TURNOUT ...... I PER ?:Pf 40 5 Fdl PLAN lvw 114 RIOW, I FX KOLL ALLOTWIVT r% nn I OU-00 N.T.S. /1%77 EXHIBIT 11 u PROPOSED BUS TURN OUT (FACE I OF 1) NW COR". SW, 114,. NW 114, SEC. 24. T-9S., R.70 W, ............. 1�58J .. .. ................. EDINGER AVENUE 5b 2 56.1 InuEPLYEDiNcERsTRE.,r) . ............... . .......... ........ . . ..... ... ... .. .. .. .. . ........ . . .. . .. ........ FOR. w 112, IN 114, SECrION 24, T55, 5'B'M' 58.1 EX. RIN 58.3 ... .......... - .... -1-11 .... 14, NW PROP, RIW 6us TURNOUT ...... I PER ?:Pf 40 5 Fdl PLAN lvw 114 RIOW, I FX KOLL ALLOTWIVT r% nn I OU-00 N.T.S. /1%77 EXHIBIT 11 u PROPOSED BUS TURN OUT (FACE I OF 1) 110 5' LANDSCAPE E'LY --� AREA PROPERTY LINE +► 3' MASONRY WALL 9 UTILITY EASEMENT TO SANTA ANA 1 18" 30" STORM DRAIN 70` (POMONA TO EDINGER) SCALE: I" = 5' EXHIBIT »ran (PAGE 1 OF 2) TYPICAL SECTION THROUGH FLY PROPERTY LINE i H: \GRP5 \PDATA\ 33758 \DWG \EXHI61T5 \DAEXHIib,DWG 75D -64 ( _I �'E,gNCTRAcr No. 2611, M,W t57/4R STHSd7f 20' WIDE DRAINAGE & UTIL I TY EASEMENT 1-14 5' LANDSCAPE AREA SCALE: 1" = 120' I I� ua z (I BERKELEY STREZY 11 �yI I i Ill X IBI1 "1 " (PAGE 2 V 4 dl II I( LH MATER LIEI HIGH SCHOOL I STANFORD STREET LU� mx II (O II II I I POMONA STREET II i 25 II w w _ _ I—I 20' WIDE DRAINAGE & UTILITY EASEMENT 24 PROP/ T "F (SEE EXHIBIT "P I (I BERKELEY STREZY 11 �yI I i Ill X IBI1 "1 " (PAGE 2 V 4 112 SCALE: V = 20' ( EDINGER AVENUE (FORMERLY EDINGER STREET) PER TRACT NO. 2011, M.M. 57/44 7- r F. AREA TO BE DEDICATED FOR PUBLIC STREET PURPOSES Cw 0 N29'i6fi 64 G 1 FOR. w 112, sY/ 114, rvw 114 POR. OF BAKER STREET < (TO BE VACATED} s£CrIDN 24; 755, R101N, OA TA TABLE 1w. TA RAOILS LENGTH F.W, 1<0-11- ALLOTMEIVr _ J___ _____________ __________________ 1 62'4702* 25.00' 27.79' EXHIBIT T EDINGER AVE. (4 BAKER ST. DEDICATION - 75D-66 Hi\ GRPS\ PDATA \J37S @ \D� \EXHIBITB \UAkTn�.�m I � � I /^-1 113 fAN ............. ........ . . . . . . . . . . . . . . ................... . . . . . . . . . . . . ............. ...................... 'EDINGER A .................. . ... ...... 7� ROAD . . ION OF FRONTAGE . . . . . . TO BE _ABANDONED EXIST , CURB PROP. RIW OP. CURB ..... ..... 58.8 R . . . . . . . . . . .. .. : . . . . . . ......... Z, ....... . Nh i,. FRONTAGE ROAD R W CORNER CUTOFF- 1 59.8 BAKER (TO BE V I i .7 "s m 15 at .......... PROP. rAIE EXHIBIT "ki (PA I OF 1) ENTRANCE TO PARKING LOT ON EDINGER AVEEJNUF- I Mj—%) f SCALE: 1' = 40' .... . ... ...... Ah ........... — 113 fAN ............. ........ . . . . . . . . . . . . . . ................... . . . . . . . . . . . . ............. ...................... 'EDINGER A .................. . ... ...... 7� ROAD . . ION OF FRONTAGE . . . . . . TO BE _ABANDONED EXIST , CURB PROP. RIW OP. CURB ..... ..... 58.8 R . . . . . . . . . . .. .. : . . . . . . ......... Z, ....... . Nh i,. FRONTAGE ROAD R W CORNER CUTOFF- 1 59.8 BAKER (TO BE V I i .7 "s m 15 at .......... PROP. rAIE EXHIBIT "ki (PA I OF 1) ENTRANCE TO PARKING LOT ON EDINGER AVEEJNUF- I Mj—%) f 114 , _. 75D -68 m rl 1 � 4 r r 7' v N O u� °c PROPI R/Yl (SEE ENTBIT "P") 588 1 �I �rI o . i d , of ` h i W W `1. 17 N w a J w i4 Q ED1 1 i- 105. Je' . 2 STANFORD STREET ----------------------------------- DATA TABLE a N `° 9 SWIM TA RADIUS LENGTH -- --- 4 r S88 16 "06 "£ -- - -- _' 4 N88'10'40'W 2 NO!'43'54'E RWMY VINCCR 37RdE7f M,M, $7/44 1 SCALE:. 1" _ 120' S86110'40'E i- 105. Je' . STANFORD STREET ----------------------------------- DATA TABLE `° ND SWIM TA RADIUS LENGTH '`- 105.02 ^° 1 S88 16 "06 "£ -- - -- _' -_27 00' N88'10'40'W 2 NO!'43'54'E -- 17.20' 5 3 N4624'11 'r 35.10, 85 4 71'J5'29* 19.00' 7J. 74' 5 6 89'20'59' 70.00' 15,59' O 6 69'54'J4' 10:00' 15,69' — — 7•�— _ 7 SO1'J9'53'W -- 90.00` ma, 7 s 'lo as'w -- 90:o ' _ 84 10 90'05'26 * 10.00' 15.72' 8 11 89 54'J1 " 10.00' 15.69' 588'1O'J7 £ 12 N88'10'J7'W ^105. J2 L, 1J 14 SO1'39'47'W 90'05'29 * -- 10.00' .3040' 15.72' B V^l r' POMONA STREET 15 N88'1D'J7'W -- 72.91' a • — 16 90'05'29' 47, 00' 7J.80' 1J t2 17 06'50'51' 258.69 JO.92' —105.01' •"`- 18 16'46'46" 25,00' 7.32' NO 70'J7 "W 19 S88'16'067 -- 33.76' 9 20 SOP4J'54'W -- 45.63' — __j zs 10 ti 12 BERKELEY STREET .w ww /bU -by 115 EXHIBIT 'M 7REETS TO BE ABANDONED DRAIN atVERT & CATCH BASIN / 6' MASGARY WALL, SCALE. • 1 x=20' ' me DRATNAa ANSI UratrY v.,LmoT O' WILLS DgAImcC, UTILITY AM A,ERCENCY ACCESS EASBENr — STORN DRAIN PIPE 5' LANDSCAPE AREA d a pa d tr a ElYPROPERTYLINE EXISTINC DRIVEWAY d Pb V �9 , e 7 � EMERGENCY ACCESS DETAIL POMONA STREET 75D -70 7 ° v o a EXISTING DRIVEWAY 5 � trK 4, o au "'� a 4 tl < (CJ} ti a< � a acv Z d sa o e fl" n a 12' 6' 12' v W 18' 18' c a a a d d a >d n d p o-n d EMERGENCY ACCESS DETAIL POMONA STREET 75D -70 SCALE., 1 "F20' 20' W10C DRAINAGE AXO UTILIty EASEMENT 60' WIX ORA IMAGE, UTILITY AhO CICRO CY ACCESS EASEWNT 20' EWR hCY ACCESS / CAI E Wr KNOX $OX k DWY. W/4" CF l STld4M DRAIN PIPE a a a a b a G b na P na P a P d na P P ns p\ \ 5' LAAOSCAPE AREA ELY PRCPERTY U/C EIISTINO CRIVEWAY EXISTIZ DRIVEWAY n 4' i ti ti H ti n b, 6 na ° p a U e W L 0 5D -7 D a 4' J w. w 117 EXHIBIT "" EMERGENCY ACCESS DETAIL STANFORD STREET dA •s .M a s SCALE: 10 = 30' PROP, CA, TE PROPOSED DRIVEWAY 1 W W "+ w PROPOSED PROP. RIP DEDICATION 5' WIDE LANDSCAPE AREA 20' WIDE DRAINAGE & -e UTILITY EASEMENr 15' WIDE LANDSCAPE AREA ,�r PROP, R/W DEOICATION UNDER SIDEWALK DRAIN _ _ EX1Sr! CURB BERKELEY STREET PROP, STOP SAR AND SIGN 75D -72 E'LY P/L EXHIBIT �l 'F—,- FRONTAGE ROAD DETAIL. 199 ab AD eb ab •D a Dpd D d b d Dvd �vd bvd p D a e d bvd Y D a p p Ap Ap +p p D aba• d ==IZZF = � D> e SCALE 1" = 20 —CATCH BASIN a a v b a AD a e +v 6 . D 15 WIDE LANDSCAPE SETBACK i , p W 15 v ba D A e 10 STORM DRAIN PIPE fi < I A D A L11 20' WIDE DRAINAGE AND '; 9 UTILITY EASEMENT Dam LU + A D aD a4 e7 pb °D 5' LANDSCAPE AREA a CATCH BASIN P� a d as o a d Q d 8' MASONRY WALL ` "'d 0 EXIST, CURB E'LY PROPERTY LINE s.1 W & GLITTER EXIST. SIDEWALK a d a EXIST, CURB z LL FRONTAGE ROAD DETAIL. 199 120 i. , , 617199 OFFSITE- Schedule A Mate r Del High Schoai Offslte Improvements City Project NO. '1616 Canstruction Cost Estimate EXHIBIT "R" CONSTRUCTION COST ESTIMATE 75D -74 CITY OF SANTA ANA Item No. Item Unit of Measure Estimated Quantity I )tern Price (in figures) Total (in figures) STREET IMPROVEMENTS 1 Clearing & Grubbing LS 1 $72,408 $72,408 2 Unclassified Excavation (IncludesAC and PCC Pavement) CY 1,180 $35 $41,300 3 Construct -Asphalt concrete Pavement TON 578 $51 $29,478 4 Construct PCC Curb and Gutter LF 825 $16 $19,200 6 Construct 4" PCC Sidewalk SF 8,542 $8 $68,336 61 Construct Driveway Approaoh SF 420 $8 $3,360 7 Adjust Manhole 10 Grade EA 5 $339 $1,695 8 AdjustValve Box and Cover to Grade EA 5 $198 $990 9 Signing, Striping, Marking LS 1 $5,650 $5A50 10 Baker @ Eelinger Signal Modification LS 1 $129,950 $129,950 11 Landscape and Irrigation Repair LS 1 52,825 $2,825 DRAINAGE IMPROVEMENTS 12 Construct 3.5' Curb Opening C.B, per CSA Std. 309 1 EA 2 $5.085 $10,170 13 Construct 7.0' Curb Opening C.B, per GSA Std, 303 EA 1 $6,216 $6,215 14 Construct Parkway Culvert per APWA Std, 151-1 EA 2 $2,260 $4,52° 15 Construct C.B, /Parkway Culvert per APWA Std. 314 -2 EA 1 $5,085 $5108. 16 Construct 24" RCP LF 305 $90 $27,450 17 Construct 18" RCP LF 410 $79 $32,390 18 Construct 19 "X30 " Elliptical RCP LF 95 $136 $12,920 19 Construct Junction Chamber per C SA Sid. 306 EA 2 $3,390 56,780 20 Construct Transition Structure per iAPWA'Sid. 340 -1 EA 1 $2,625 $2,825 21 ConstructCCncrete Encasementll.Itllity PCC Bridge LF 150 $281 $4.200 Sub -Total $481,747 Contingency $68,253 Total Estimated Cost $550,000 EXHIBIT "R" CONSTRUCTION COST ESTIMATE 75D -74 t 4�YItlYFM �-i I' 121 v (E ED /NCER AVENUE fnPMEW cnwaEa MmT) I ti SCALE: i" = 120' Iw 3 I I I — i d 1 Sr d JO f STANFORD STREET d JO' Z 35 o I 2 EXISTING UTILITY POLES, GUY WIRES do ALL APPURTENANTS 34 TO " E REMOVED BY CITY OF q a z — ! SAN A ANA 1 K r POMONA sTPEET "I F-9 J +� to Z5 I 11 s —7I �4 JO' JO' 12 / BERK€LEY STREET II I EXHIBIT nSn UTILITY POLE FEWWALS H.�GaPS,PnATA 75D -75 11 _ r REU 7121195 ORDINANCE NO. NS- 2260 AN ORDINANCE OF THE CITY OF SANTA ANA REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BRISTOL STREET AND EDINGER AVENUE FROM THE 01 (COMMUNITY COMMERCIAL), C5 (ARTE- RIAL COMMERCIAL), R2-B (TWO-FAMILY RESIDENCE - PARKING MODIFICATION) , AND P (PROFESSIONAL) DISTRICTS TO THE 0 (OPEN SPACE) DISTRICT, AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, PERTAINING TO SAID PROPERTY WHEREAS, Amendment Application No. 95 -2 has been filed with the City of Santa Ana by the Diocese of Orange Education and Welfare Corporation, to change the zoning district designation of certain real property located generally at the southeast corner of Bristol Street and Edinger Avenue in the City of Santa Ana, and more specifically delineated in Exhibit 1, attached hereto and incorporated herein by reference, from the Cl (Community Commer- cial), C5 (Arterial Commercial), R2 -B (Two- Family Residence- Parking Mortification), and P (Professional) districts to the 0 (Open Space) district; and WHEREAS, the applicant Diocese of Orange Education and Welfare Corporation has requested the approval of a Development Agreement with the City of Santa Ana in the form set forth in Exhibit 2, attached hereto and incorporated herein, in accordance with sections 65864 - 65869.5 of the Government Code of the State of California; and WHEREAS, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 10, 1995, on the said Amendment Application and Development Agreement, and, based thereon, has determined that the development as proposed therein is consistent with the general plan of the City of Santa Ana, and has recommended that the City Council approve the Amendment Application and Development Agreement; and WHEREAS, this council, prior to taking action on this ordinance, has held a duly noticed. public hearing, on the said Amendment Application and Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 1. The 0 (open Space) district designation, as proposed in Amendment Application No. 95 -2, and the Development Agreement are ✓ 1 75D -76 r- hereby found and determined to be consistent with the general plan of the City of Santa Ana and otherwise justified by the public necessity, convenience and general welfare; 2. Those parcels of real property located generally at the southeast corner of Bristol Street and Edinger Avenue and more specifically delineated in Exhibit 1t attached hereto and incorpo- rated herein, are hereby reclassified from the C1 (Community Commercial), C5 (Arterial Commercial), R2 -B (Two- Family Residence- Parking Modification), and P (Professional) districts to the 0 (open Space) district. Amended Sectional District Map number 24 -5 10 showing the said changes in use district designations is hereby approved. 4.. That certain Development Agreement between the City of Santa Ana and the Diocese of Orange Education and Welfare Corpora- tion, in the form set forth in Exhibit 2, attached hereto and incorporated herein, is hereby approved, and the Mayor is autho- rized to execute said Agreement on behalf of the City of Santa Ana following its execution by the Diocese of orange Education and Welfare Corporation, and the Cleric of the Council to attest to the same. 5. The Clerk of the Council is directed to cause a copy of the said Development Agreement to be recorded in the official records of Orange County, California, within ten days following its effective date. As use herein effective date means the date thirty days after the date of adoption of this ordinance. ADOPTED this 21st day of AU(Tust , 1995. ATTEST: ice C. Guy erk of the Council COUNCILMEMBERS; MOM . Pulido Ave APPROVED AS TO FORM; Richardson Aye_ Espinoza Ayes - - -•WA Lutz Lye McGuigan Ave— Edward oo r Mills ASP City Attorney Moreno Aye 2 75D -77 003 li• CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange T, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance NS - ,7. t d to be the original ordinance adopted by the City Council of the City of Santa Ana on ` 95"� ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana, Date; Clerk of the Co Heil rl City of Santa Ana 75D -78 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 lE Recorded in the county of Orange, California liar L Granville Clark /Recorder I11N11111ri1� 1II11II11111111111111111111111101111 QUO 19950419668 1,14pm 09/26/95 008 12800674 12 24 Al2 40 7.00 117 00 0.00 0.00 0.00 0,00 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Development Agreement ") is made and entered into this 21st day of August , 1995, by and between the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California F (the ' +City+") , and the DIOCESE OF ORANGE, EDUCATION AND WELFARE CORPORATION, a California nonprofit corporation ( "Developer ") ©WVrR R E C I T A L 82 A. California Government Code Sections 65964 et seg. provide that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to California Government Code Section 65965, the City has adopted its Resolution No. B2 -98 ( "Resolution No. 82-98 "), establishing procedures and requirements for the approval of development agreements. Developer has applied to the city pursuant to California Government Code Sections 65864°- 55869.5 and pursuant to said Resolution for approval of the Development Agreement set forth herein. B. The Developer and the City desire to enter into this Development Agreement in order to facilitate the physical expansion and improvement of an existing private secondary school (the "Development ") . The Development will be located partly on certain property presently owned by the Developer (the "Original Parcel ") which is shown as the Original Parcel on the map-set forth on Exhibi�'�,��8, attached hereto, and which is described in Exhibit .H attached hereto. The Development is also proposed to be located partly on three additional parcels proposed to be acquired by the Developer (the "Additional Parcels ") which are shown as Additional Parcel No. 1, Additional Parcel No. 2, and Additional Parcel No. 3 on Exhibit A. Additional Parcel No, 1 is presently owned by Clark L. Loomis and James C. Loomis, Trustees of The Loomis Family Trust and is described in Exhibit C, attached hereto. Additional Parcel No. 2 is presently owned by First National Hank of Dona Ana County, Trustee for The Charles Loomis Family Trust and is described in � XN13a) 2 75D -80 003 Exhibit„], attached hereto. Additional Parcel No. 3 is presently owned by the City and is described in Exhibit E, attached hereto. The original Parcel, Additional Parcel No. 1, Additional Parcel No. 2, and Additional Parcel No. 3 are herein referred to collectively as the "Property.° C. The City has conducted duly noticed public hearings on this proposed Development Agreement pursuant to Government code section 65867 and 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 CityPs General Plan as amended by the General Plan Amendment referenced below (the "General Plan ") . Prior to or concurrently with its approval of this Development Agreement, the City Council of the City (the "City Council ") has also approved: General Plan Amendment 95 -1 and Zoning Amendment AA 95 -2. D. As permitted by law,, the City and the Developer desire to establish design and development standards for the entire build -out period of the Development, including all phases thereof, if any, 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. E. The City, by electing to enter into contractual agree- ments 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 City 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 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. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consider- ation, the adequacy and receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. AR 1p icat on. This Development Agreement pertains initially to the'Original Parcel. This Development Agreement shall apply to Additional Parcels Nos. 1, 2 and 3 at such time as the Developer acquires 75D -81 MW !, title to each such Additional Parcel and it is intended that no further or additional action be necessary by either party hereto to make this Agreement effective as to such property; except that section 12 of this Development Agreement shall be effective immediately upon the Effective Date of this Development Agreement. 2. Term. (a) The "Effective Date" of this Development Agreement shall be the effective date of the ordinance adopted by the City approving same, with the understanding that Developer shall execute this Development Agreement prior to its submittal to the City council for approval. (b) The term ( "Term ") of this Development Agreement is twenty -five (25) years from the Effective Date, subject to earlier termination as hereinafter provided. Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term. (c) The City may terminate this Development Agreement prior to expiration of the 'term if the Developer fails to perform its obligations under this Development Agreement, subject to the requirements of section 13. 3. Permitted Use 9X ti3.e Px4P.erty. The parties agree that the use of the Property as a private secondary school offering general, technical, vocational and college preparatory education to students in grades 9 through 12 is a permitted use of the Property, subject to the right of the City to enforce all laws which do not conflict with the rights of the Developer under this Development Agreement. In addition, a permitted use of Additional Parcels Nos. 1 and 2 is apartment use until such time as the apartments are replaced and a permitted use of Additional Parcel No. 3 is office or classroom use, provided such office or classroom use is carried on exclusively in conjunc- tion with the school on the original Parcel. 4. Special Development Standards. The following standards shall apply to the Development notwithstanding anything to the contrary in the land use and development plans and regulations of the city as they currently exist or may be hereinafter amended: (a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,200 at any one time. 75D -82 mm (b) Maximum height of buildings: No building on the Property shall exceed 50 feet in height within 100 feet of residential property, or '75 feet otherwise. (a) Maximum size of buildings: The aggregate floor area of all buildings on the Property shall not exceed 230,000 square feet. (d) A minimum of 200 parking spaces shall be maintained on- site. (e) A minimum 15 feet landscaped setback shall be maintained along all streets right -of -way except where existing structures encroach at the bus turn out on Edinger Avenue and where the proposed storm drainage structure encroaches to within five feet of Berkeley Street. (f) A minimum 5 feet landscaped setback shall be maintained along all interior property lines, except that the storm drainage channel may be adjacent to an interior property line provided there is a 5 feet landscaped planter along the opposite edge of the channel. (g) Fire protection systems and fire lanes shall be provided to the satisfaction of the Fire Marshall. (h) site access shall be from Bristol and Edinger Streets only (except for maintenance access from Baker Street and emergency vehicle access at Pomona and Stanford streets, as detailed on Exhibits N and O). (i) on -site circulation shall meet minimum City Standard of 23 -foot aisle width, 24 -foot radius turn- around area for passenger vehicles (40 foot radius for buses and trucks) , continuous forward movement of passenger vehicles, 60 -Root entry throats and 8'J x 13 foot parking stall sizes. (j) A minimum 35 feet on -site student drop -off zone shall be provided. (k) Perimeter limited access gates may be constructed provided that they are open during all business /school hours, visible to the street when closed, and located no closer than 20 feet from the street right -of -way. (1) Parking lots shall be landscaped with 150 square feet minimum planters at the end of rows of parking. (m) An eight feet masonry wall shall be provided along the east property line abutting residential. (n) Ornamental .iron or similar fencing shall be used if fencing is provided around the campus buildings along Edinger and 4 75D -83 Oil Bristol. Streets. Chain link may be utilized at athletic fields. (o) The Building Security Regulations (S.A.M.C. Chapter B, Article 2, Division 3) are applicable only to new buildings and remodels exceeding 50% of the value of the existing building or structure. These regulations do not apply to unopenable windows or mechanical shafts that are not accessible. Waiver requests from these regulations will be considered as each building is being reviewed in Building Division plan check. on -site manned security shall be a consideration in evaluating waiver requests. (p) The City will conduct architectural review as a component of the Development Project Plan Review process as to: a Architectural compatibility to the site and area; • Architectural treatment on all sides of buildings; • Architectural finishes, materials and colors; and • Compliance with general architectural design standards applied citywide. However, the City will not mandate a particular architectural style (i.e. mission, post modern, cape cod) on the project. 5, General Development Standards Except as otherwise provided in Sections 4 and 6 of this Agreement, the City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the City establishing design, density, improvement and construction standards which are in effect as of the effective date of this Development Agreement shall govern the Development during the Term of this Development Agreement; provided, however, that development standards as revised after the Effective Date of this Development Agreement may be applied to the Development with the mutual consent of the Developer and the city's Planning Manager. Non- vested City Laws and Regulations (a) Developer and all persons and entities in occupation of any portion of the Property shall comply with all City laws and regulations which do not conflict with the use and development of the Property pursuant to this Agreement as such City laws and regulations may from time to time be• enacted or amended hereafter. Specifically, but without limitation on the foregoing, the use and development shall comply with the following types of City laws and regulations as they may from time to time be enacted or amended hereafter: 75D -84 I (i) Taxes, assessments, fees and charges; provided, however, that the collection of certain development fees shall be governed by subsection (b),of this section. (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Codep (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; (iv) Procedural rules of general city -wide application. (b) The Transportation System Improvement Fee (currently established by S.A.M.C. S 8-44) 1 the Drainage Area Fee (currently established by S.A.M.C. 55 34 -191 et seq.) and the Sewer Connection Fee (currently established by S.A.M.C. 5 39-53) shall be paid by the Developer in the rates in effect at the tier•; payment is due. However, the calculation and collection of such fees shall be governed by the following principles., (i) Transportation system Improvement feet q Payment shall be due at the time of issuance of building permits. • The fee will not be applied to the remodel or rehabilitation of existing buildings. o No credit will be given for any demolition. (ii) Drainage Area Fee: e payment will be due at the time of filing of a final parcel or tract map. A 12 -acre credit will be given for previous fees paid for the Property. (iii) Sewer Connection Fee: • payment shall be due at the time of issuance of building permits. • credit will be given for fixture units removed due to demolition. No fee shall. be collected for the rehabilitation or remodel of a building unless there is a net in- crease in the number of fixture units- 0 75D -85 013 The parties also understand tat the, City currently collects a fee on behalf of the Orange county SaAt�tion District and that that district determines the rules for calculation and collection of that feel as well as the amount. The City shall not impose any fee on the Developer for the construction of street medians. 7. Dedications and street Improvements. Developer agree to make the following dedications of land to the City in connection with the Development: (a) A right-of -way easement for a diagonal corner out -off on the northwest corner of the Property, at the intersection of Bristol Street and Edinger Avenue, as shown on Exhibit F, attached hereto and incorporated herein. (b) A right -of -way easement for a bus turn -out on the Edinger Avenue frontage of the Property, as shown on Exhibit G, attached hereto and incorporated herein. (c) A 20 -foot -wide drainage and utility easement, and two 60 feet by 5 feet drainage, utility and emergency access, easements on the easterly property 'line fronting Stanford and Pomona steets, located as shown on Exhibits H, N, 4, and P attached hereto and incorporated herein. (d) A right -of -way easement for a diagonal corner cut -off at the southwest corner of Edinger Avenue and the proposed main entrance, as shown on Exhibit I, attached hereto and incorporated herein. Prior to the issuance of a certificate of occupancy for any new building on the Property, Developer shall make dedications (a) and ('b), above, and shall, at Developer's sole cost, dry the street work necessary to improve the bus turn -out in accordance with city standards. The City shall do the corner cut -off street work at Bristol and Edinger, at the City's sole cost, at such time as the City widens and improves Bristol Street in the vicinity of the Property. Dedications (c) and (d) , above, shall be made by Developer promptly following the clearance of all existing improvements from the Additional Parcels. The installation of drainage improvements shall be the responsibility of the City, in accordance with Section 11 of this Agreement. At such time Developer shall, at Developer's expense improve the Edinger main entrance in accordance with Exhibits J and Q, attached hereto and incorporated herein and City standards. The City shall do the necessary median changes in Edinger Avenue in accordance with Exhibit J at its own expense at such time as Developer improves the Edinger Avenue main entrance. 75D -86 1 Also, in the event the City installs traffic signals at an intersection adjacent to the Property,, Developer agrees to provide the city with an easement for the installation of underground traffic signal appurtenances, if it is necessary for such appurte- nances to encroach into the Property. The installation shall be at no cost to the Developer. Developer agrees to make the dedications referenced in this section without payment from the City in consideration of receiving the city's approval of this Development Agreement. No other dedications of land will be required by the City in connection with the Development during the Term of this Development Agreement. However, nothing herein shall be construed to limit the City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. a. Site and Development Plan, it is agreed by the parties hereto that the site and Develop- ment Plan prepared by Developer and submitted to the city at the time of the city's review and approval of this Development Agreement, a reduced copy of which Site and Development Plan is attached to this Development Agreement as Exhibit K, conforms to the development standards established for the Property by this Development Agreement. It is understood, however, that said Site and Development Plan is conceptual only, and that nothing herein shall be construed to require that the development of the Property be in accordance with the said Site and Development Plan provided the development of the Property is otherwise consistent with the development standards established by this Development Agreement. it is recognized that there may be changes in the site and Development Plan and any such changes that are in substantial conformance with the development standards established for the Property by this Agreement shall be approved by the City. Further, nothing herein shall be construed: (i) to relieve Developer from obtaining development project plan approval pursuant to sections 41^-666 et seg. of the Santa Ana Municipal Code, whether the proposed development of the Property is in accordance with the site and Development Plan or not, nor (ii) to prohibit the City from imposing reasonable conditions on such development project plan approval consistent with the development standards established by this agreement, provided however no such review shall authorize or permit the City to impose any condition or withhold approval to any proposed building or plan modification, the result of which would be inconsistent with any provisions of this Development Agreement. Developer, through oversight and management, shall use its best efforts to assure that staff and students attending the school on the Property fill on-site parking spaces first, parking spaces M 75D -87 015 in the City lot referenced in paragraph (b) of section 12 (when completed) second, other available off- street parking facilities third, and on-street parking last. Developer shall also use its best efforts to promote vehicle trip - reduction practices. Developer is exempt from other city requirements concerning parking management and trip reduction. 9. vesting of Development Rights. As a material inducement to Developer to continue with diligent efforts to promote the development of the Property, the City desires to cause all development rights which may be required to develop to completion the Property with the Development consistent with this Agreement, to be deemed vested in Developer for the benefit of the Property, as of the time specified in Section l 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 subsequent building moratorium, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Development Agreement. Notwithstanding the foregoing, nothing set forth in this Development Agreement shall be deemed to require Developer to commence cr complete the Development. in accordance with the terms of Government Code Section 65866, ` the City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the City 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 (collectively, the "Existing Development Regulations") shall govern during the term of this Development Agreement. The City shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of the City's Planning Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City's Planning Manager and the Develop- er, 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, referendum or initiative measure or other vote, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule or develop- ment. Fl 75D -88 016 lo. Environmental compliance. The "Negative Declaration" for the Development is incorporated herein by reference as through fully set forth at length. The City and the Developer acknowledge that to the extent that said document identifies certain mitigation measures applicable to the Develop- ment, Developer agrees to implement the various mitigation measures recommended to be implemented by the Developer pursuant to the said document, provided that the Developer proceeds with the Development and commences construction. The City agrees to implement the various mitigation measures recommended to be implemented by the City pursuant to the said document, provided that the Developer proceeds with the Development and commences construction. city agrees that no subsequent or supplemental environmental impact report shall be required for subsequent discretionary approval except as set forth in California Public Resources Code § 21166. 11. Street vacations The City shall vacate the excess right -of -way of Bristol Street shown on Exhibit L, attached hereto and incorporated herein, promptly following the execution of this Agreement. The City shall vacate and abandon the City's right of way easements over Baker Street, Stanford Street, and Pomona Street to the extent they abut the Additional Parcels, and over the Edinger frontage road to the extent it abuts the original Parcel and Additional Parcel No. 3, as shown in Exhibit M, attached hereto and incorporated herein, and shall remove street improvements from the said vacated streets and construct public drainage improvements in the area of the drainage easement granted to the City by Developer pursuant to Section 7 of this Development Agreement, in accordance with the following terms and conditions: (a) The said street removal and drainage improvement work shall be completed by the City prior to the last of the following dates: (i) The date occurring three (3) years after the date on which the city receives written notice from the Developer that the Developer has acquired title to all the Additional Parcels (provided the Developer has in fact acquired such title). (ii) The date occurring two (2) years after the date on which the City receives notice from the Developer that the Developer has removed all improvements from the Additional Parcels (provided the Developer has in fact removed such improvements). (iii) The date occurring two (2) years after the date on to 75D -89 , 10, -V Which the Developer dedicates the drainage easement specified in Section 7 of this Development Agree- ment to the City. (b) The City shall be responsible for the removal and /or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this section, without cost to the Developer (other than costs for any new utility connections which may be necessary).. (c) The street abandonments shall be accomplished by means of a parcel map merging the original Parcel and the Addi- tional Parcels into a single new parcel in accordance with section 66499.20k of the Government Code of the state of California. Developer shall cause a tentative map and a parcel map to be filed with the City for this purpose after the improvements on the Additional Parcels have been removed. (d) it is understood and agreed that the drainage 'improve- ments to be installed in the drainage easement shall be surface drainage facilities, as depicted on Exhibits H, N, 0, P and Q. it is further understood that such surface drainage improvement may not be sufficient to fully protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a land- scaped area. 12. off- Lite narking mitigation (a) The parties hereto acknowledge and agree that the students attending the school park their automobiles on the local streets in neighboring residential areas; that the approval of this Development Agreement will not exacerbate that situation because this Development Agreement limits the number of students attending the school to 2,200 students; but that this Development Agreement allows the parties to jointly mitigate the student parking problem that will continue to exist unless mitigated by the provision of additional off - street parking areas. Therefore, the parties agree to undertake the off - street parking mitigation measures set forth in subsections (b) and (c) of this section. (b) The City agrees to construct a public parking lot on the east side of Bristol street north of Edinger Avenue as part of its Bristol Street widening project. The said parking lot shall contain approximately Soo parking spaces. The City shall not impose any charge for parking at the said parking lot. The parking it 75D -90 1 lot is contemplated to be constructed approximately in the year 1999. The city will not widen and improve Bristol Street north of Edinger Avenue without construction of the said parking lot. (c) The City agrees to sell to Developer and the Developer agrees to purchase, at fair market value, .Additional Parcel No. 3, for ultimate use and improvement as a parking area for students attending the school as shown on the Site and Development Plan specified in section S of this Development Agreement, subject to deed restrictions that give the City the right to reacquire title to the Property in the event that any portion of any building an Additional Parcel No. 3 is rented to any person other than Developer or that any such building has not been removed from Additional, Parcel No. 3 within ten (10) years of the date of acquisition of Additional Parcel No. 2 by the Developer. Developer shall be responsible for the removal, at Developer's expense, of the improvements on Additional Parcel No. 3 within ten (10) years after the conveyance of Additional Parcel No. 3 to' Developer. Developer may use the said area for other school uses including offices and classrooms if a substitute parking area for students having an equal parking capacity is provided elsewhere, either on the Property or on other property in the vicinity of the Property which either is owned by Developer or is subject to an easement or covenant which allows its use for parking appurtenant to the school on the Property. (d) The Executive Director of the city's Community Develop- ment Agency is authorized. () to determine the fair market value of Additional Parcel No. 3 based upon an independent appraisal of Additional Parcel No. 3 and (ii) to enter into purchase and sale agreements on behalf of the city with the Developer under mutually acceptable terms and conditions. The Mayor of the City is authorized to execute, on behalf of the City, in accordance with the terms and conditions of any such purchase and sale agreement, a deed conveying title to Additional Parcel No. 3 to Developer. 13. Default and Remedies. (a) Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions: i) if a material warranty, representation or statement made or furnished by Developer to the City is false or proves to have been false in any material re- spect when it was made; ii) A finding and determination by the City Council made following a periodic review under Government Code section 65B65.1 that upon the basis of sub- stantial evidence, Developer has not complied in good faith with a material requirement of this _ 12 75D -91 019 Development. Agrc: .nt; or iii) An express repudiation, refusal or renunciation of this Development Agreement, if the same is in writing and signed by the Developer. (b) The City shall be in default under this Development if it shall: i) fail to comply in good faith with the requirements hereof regarding the permitted development stan- dards and uses specified herein, or City's obliga- tions under Section 12, or ii) expressly repudiate, refuse or renounce this Devel- opment Agreement in writing. (c) Notwithstanding any provision of this Development Agreement to the contrary, except for Developer's default under subsection (a)(iii), Developer shall not be deemed to he 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. 9xcept for Developer's default under subsection (a)(iii), 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 'sixty (50) 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 Agreement. Upon the occurrence of a default by the city, as described in subsection (b)(i), Developer may give written notice to the city specifying the nature of such default. If the City has not cured such default within ninety (90) days of such notice, an event of default by the City shall be deemed to have occurred. The occurrence of a default by the City under subsection (b)(ii) above shall, at the option of Developer, and upon written notice to the City, immediately constitute an event of default by the city. (d) In the event a breach of this Development Agreement occurs, irreparable harm is likely to occur to the nonbreaching party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy. (e) In no event shall either party be entitled to damages against the other party based on the other party's default under this Agreement. 13 75D -92 020 14. Amendment or Cancellation. Except as otherwise provided for herein, this Development Agreement may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code Sections 65855.11 65867, 65867.5 and 65867. 15. Enforcement Unless amended or canceled as provided in Section 16, this Development Agreement shall continue to be enforceable by any party to it, notwithstanding any change or other regulations adopted by the City which alter or amend the rules, regulations or policies applicable to the Development. 16. In the event that state or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi- governmental entity are enacted after the Effective Date of this Development Agreement, or the action or inaction of any other affected governmental jurisdiction or any judicial decision prevents or precludes compliance with one or more provisions of this Develop- ment Agreement, or imposes a requirement on the Development materially different than as otherwise contemplates] by this Development Agreement, or requires changes in plans, maps or permits approved by the City or the development standards set forth in the Development Agreement, the parties shall: (a) Provide the other party with written notice of such restriction, together with'a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of this Development Agreement; and (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Development Agreement to comply with such law, ordinance, rule, policy or regulation or judicial decision. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this Development Agree- ment, the matter shall be scheduled for a hearing before the city Council upon thirty (30) days notice, for the purposes of determining the exact modification or suspension which is required by such law, ordinance, rule, policy or regulation or judicial decision. it is 14 75D -93 021 1 11 w the express intent of the parties to modify the Develop- ment Agreement to allow for the development of the Development in as close conformity to the terms and conditions of this Development Agreement as reasonably possible. Nothing herein shall preclude Developer from challenging the conflicting law, rule, regulation or policy. 17. Mortgagees. In the event the City receives written notice from any institutional lender or pension trust (a " Mortgagee") that it has obtained a deed of trust or mortgage on all or any portion of the Property (a "Mortgage "), together with a copy thereof, the City agrees as follows: (a) The City shall mail, first- class, postage prepaid, to each Mortgagee a copy of any notice given to Developer concur- rently with the giving of such notice to Developer. If Developer fails to cure such default within the period allowed in this Agreement, the City shall give another written notice to each Mortgagee of such failure. (b) The City shall not terminate or cancel this Agreement unless any mortgagee has cured any default curable by payment of money within thirty (30) days of notice or if a non - monetary default has commenced, in good faith, to cure all other defaults and diligently proceeded to cure all such defaults within a reasonable time. A default shall be deemed cured by the giving of a written agreement by any such Mortgagee or purchaser to continue to be bound by the terms of this Development Agreement, (c) The City shall accept the performance of any such Mortgagee or Purchaser as if such performance were rendered by Developer. Each Mortgagee and each such Purchaser shall have the right but not the obligation, to remedy any defaults of Developer within the time specified herein. No Mortgagee or Purchaser shall have any liability under this Development Agreement except for acts or events which occur while such Mortgagee or purchaser holds title to the Property or portion thereof. (d) The provisions of this section are solely for the benefit of Mortgagees and Purchasers and shall not otherwise impair any rights of the City against Developer. (e) No default or event of default hereunder by Developer shall defeat, impair or render invalid the lien of any deed of trust made in good faith and for value as to the Develop- ment or any portion thereof. -, (f) The City, by resolution of the city Council, may 15 75D -94 022 modify or add to the provisions of this section at the request of any institutional lender or pension trust providing financing so long as such requested modifications or additions pertain only to the rights of a Mortgagee hereunder and are not otherwise inconsis- tent with the terms of this Development Agreement, 18. Relationship of the Parties 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. 19. Notic es. 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 states mail, certified mail, postage prepaid, addressed to; City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Attention: Developer: Diocese of Orange Education and Welfare corporation 2811 Villa Real Drive orange, California 92667 -1999 Attentions Construction Manager Notice of a 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. 20. 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 unenforce- able, the remainder of the instrument, or the application of such term, provision, condition or covenants 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. M. 75D -95 21. Entire Agreement. This Development Agreement and the Exhibits therein contain the entire agreement between the parties, and is intended by the parties to completely state the Development Agreement in full. Any agreement or 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. IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above written. ATTEST: 4a ice C. Guy C erk of the Coundi1 APPROVED AS TO FORM: Ed J. o e city Attorney A Proved as to We CITY OF SANTA ANA a, r by jUTe-1 A. Pulido ayor DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION r by DATE: duly 19 1995 17 75D -96 F. McFarland Jahn Urell RE14 V23A5 023 State of California County Of __orange On .Tiny i9, 1995 before me, Anngtte H well IOATEI NAMEMTLE OF OFFIO(WI:e'JANE 006, NOTARY PueU4'1 personally appeared Borman F. McFarland INAMEIS) QF SIGNERISII and John 4rell 9* personally known to me -OR- 0 roved to me on the oasis of satisfactory evidence to be the person(s) whose name+s Is /are subscribed to in within Instrument and acknowledged to me the .J i +std fi R! 1 Ail (SEALI slgnatureisi on the instrument-the person(s) or the entity upon behalf: of which the erson(s) acted, executed tha instrument. Witness my hand and official seat. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document Is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document, THIS CERTIFICATE TAW ar Type of Oocunwnt Development AgrE:pment MUST BE ATTACHCD TO THE DOCUMENT NLUnbar of PoOe. 17 Doto o(Oocwmnl DESCRIBED AT RIGHT: Slptwrf.) 01W Then Nom.d Adova None POW RIGHT THUMBPRINT (OpS .NI fi0 F CAPACITY CLAIMED aY SIGNERS) OINDIVIDUALIS) OCORPORATE OFFICEPM) 0PARTNER(S) OLIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑OUARDIANICONSERVATOR OOTHER: STONER la REPRESENTING: INsm+ or Poeonisl or entayikesl RIGHT THUMBPRINT tOptbnr,R CAPACITY CLAIMED BY SIONERiS1 ❑INDIVIDUALIS) OCORPORATE OFFICERiS1 (PTLEW OPARTNERIS) OLIMITED DOENERAL OATTORNEY IN FACT OTRUSTEEIS) 0OUARDIANICONSERVATOR nOTHER: STONER 15 REPRESENTINO: INEmo of Panonlal or Entltyll..) 025 I TOAL ENGINEERING 139 Avenida Navarro SAN CLEMENM CALIFORNIA 92672 (714) 492!8586 FN( (714) 498.8625 027 r oar QlacE !ate Q, SHUT NO - 1 OF 1 CALOUnTEO uy • I,`!' DATE T �/ 40 CI1ECKED 9Y DATE ORIGINAL,PARCEL AND ADDITIONAL PARCELS '1 — 3 Vll oR1s1AW PARCEL DJ 73 r—` AM'SV P. 0. J. =lD.DO 1 40,91 rIpNAL FARcE-4 '2 ,t' °lO.dU 5,T.ET �LFl5, 7$ 1U" d.''lO:aO pj'S3'5d" .7� GGXie' -c'd� " .n r'J rav -5. meam L5 490 zw. 44 1' 1 t•ISGa, , 10,00+' ®mAL,P.4 R ry y:mo�4O,a1Tl "• n55 ; O N olj4 9'5U Vll oR1s1AW PARCEL DJ 73 r—` AM'SV P. 0. J. =lD.DO 1 40,91 rIpNAL FARcE-4 '2 ,t' °lO.dU 5,T.ET �LFl5, 7$ 1U" d.''lO:aO pj'S3'5d" .7� GGXie' -c'd� " .n r'J rav -5. meam L5 490 028 EXHUXT E ORIGINAL PARCEL In the City of Santa Ana, County of Orange, State of California, being that portion of the West Half of the Southwest Quarter of the Northwest. Quarter of Section 24, Township 5 South, Range 10 West, San Bernardino Meridian, In the land allotted to F.W. Xoll in decree of partition of the Rancho Santiago Be Santa Ana, recorded in Book B of Judgements of the 17th Judicial District Court of Los Angeles County, Calif orni.a, more particularly described as follows: Beginning at the Northeast corner of Lot 1 of Tract No. 1367, as per Map recorded in Book 41, Page 25 of Miscellaneous Maps, records of said orange County; thence Westerly along the North line of said Lot 1 and along the North line of Tract No. 1378, as per Map recorded in Hook 41, Page 28, of Miscellaneous Maps, records of said orange county, North 89 °45'50° West, 585.39 feet to a point in the Easterly Right -of -Way line of Bristol Street; thence Northerly along said Easterly line North 0'11130" East, 1249.80 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 27.00 feet; thence Northerly, Northeasterly and Easterly along said curve through a central angle of 89'17140" an arc length of 42.08 feet to a point in the Southerly Right -of -Way line of Edinger Avenue; thence Easterly along said Southerly line, tangent to said curve North 89 °29 +10" East, 203.44 feet to the beginning of a tangent curve concave Northerly and having a radius of 1044.06 feet; thence Easterly along said curve through a central angle of 9'2312011 an arc length of 171.08 feed thence non - tangent to said curve North 89 129110" East, 156,41 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 25.00 feet; thence Easterly, Southeasterly and Southerly along said curve through a central angle of 83'47159" an are length of 36.56 feet to the beginning of a compound curve concave Westerly and having a radius of 258.59 feet, said point being in the Westerly Right -of- Way line of Baker Street; thence Southerly along said Westerly line along said curve through a central angle of 6'5015111 an arc length of 30,92 feet; thence tangent to Said curve South 0008'00" West, 1244.94 feet to the POINT OF BEGINNING. Prepared under the pIAND direction of: OLW UBJ 1 /� * F Olav S. Meum LS 4384 License expires :,,' � J EXHIBIT C ADDITIONAL PARCEL 1 All that certain land situated in the City of Santa Ana, County of Orange, State of California, described as follows: Lots 9,10, 11 and 12 of Tract No. 2011, as shown on a Map thereof recorded in book 57, Page 44 of Miscellaneous Maps, records of said orange County, California. Prepared under the direction of: Im Olav S. Meum L5 4384 e -w -w �s License expires: _ 2 -AP-27 029 030 EXHIBIT D ADDITIONAL PARCEL 2 All that certain land situated in the City of Santa Ana, County of Orange, State of California, described as follows: Lots 5,6,7 & a of Tract No. 2011, as shown on a Map recorded in Book 57, Page 44 of Miscellaneous Maps, records of said Orange county, California. Prepared under the direction of: M Olav S. Meum LS 9384 t5 p License expires: 2:;t Lf Z J 1 EXHIBIT E ADDITIONAL PARCEL 3 All that certain land situated in the City of Santa Ana, County of Orange, State of California, decribed as follows: Lots 1 to 4 of Tract No. 2011, as shown on a Map thereof recorded in book 57, Page 44 of Miscellaneous Maps, records of said Orange County, California. Prepared under the direction of: j UND j own Olav S. Meum IS 4394 aa$� License expires; 2--I1 031 032 allat u EXIST. PROP, LINE RADIUS d d P d l 1 1 EDINGER AVENUE PROPERTY LINE l P — NEW DIAGONAL. CORNER CUT OFF AREA TO BE DEDICATED FOR PUBLIC STREET PURPOSES w CORNER CUTOFF DETAIL SCALE: 1" = 70' 75D --103 BAKER STREET 033 I w i rte' oj I" 40' z s I I " f 1 EXHIBIT "G" (PAGE 1 OF 3) BUS TURNOUT ON EDINGER AVE. 034 S Slgn G11 4OUT SUS STOP SIGN - NO PARKING SIGN 10" FCC 7TRAVELIANE 12' °— °-- — SIDEWALK 4 _ _.. .. �k. .£Kl�: r$;Z x.F `; s;`A:, F�� . l ..r ^x r Pixy f rr r-!.4 �x a. . r r — P.... — W — — — — ... — — — r — `. [G•97 AGGREGATE Sh5E DEPENPINQ ON THE SOIL CGN MONS EXHIBIT °C" (PAGE 3 OF 3) SECTION THROUGH BUS TURNOUT (NO SCALE) 1 11, 035 �,J F 036 V LANDSCAPE AREA \ / 20' DRAINAGE & UTILITY EASEMENT j TO CITY OF SANTA ANA EVY PROPERTY LINE - ADDITIONAL PARCELS 1,243 6' MASONRY WALL. 8" CURB FACE E" THICK CONCRETE EXHIBIT "H'" (PAGE 1 OF 2) TYPICAL SECTION THROUGH EV PROPERTY LINE SCALE: 1" = 8' C CURVE DATA 0 1 W27*26'21'20' ' 2 ' 8 4 27'26'21" 20' 9.5B' • r 20' WIDE DRAINAGE EASEMENT �v P w ro_ Q� t w�v C S^ z v Ow � Q gypp= w w I +4 �`0p\ a uj 4j�YT to r 037 EDINGER AVE PER TRACT MAP 2011 MM 57 -44 5'I LANDSCAPE AREA ST. I/ �I BERKELEY ST. IE SCALE: 1" =100' 20' WIDE DRAINAGE AND UTILITY EASEMENT 60' WIDE x 5' LONG DRAINAGE, UTILITY, & EMERGENCY ACCESS EASEMENT 20' WIDE DRAINAGE AND UTILITY EASEMENT WIDE UTILITY EASEMENT it _oft (PAGE 2 IO /-- _ _. -r 2) 20' WIDE DRAINAGE & UTILITY EASEMENT 80' WIDE x 5' LONG DRAINAGE, UTILITY, &EMERGENCY ACCESS EASEMENTS IS i BAKER STREET TRACT MAP 2011 M.M. 57-44 PER- -�_._� ._ p . I < a a iV doh C' - -. EXHIBIT 11117 -11'l� Y =1Q' AREA AT SDUTHWEST CORNER OF EDINGER AVE, AND RAKER STREET TO G'E DEDICATED 75D -10q — — r u 1 I I I ENTRANCE TO PARKING L4 SCALE: V = 1" =40' \ I - +- --;_ ORNER CUTOFF EXHIBIT Dill (PAGE 1 OF 2) 039 m CUTOFF° EXHIBIT Dill (PAGE 1 OF 2) 039 A EXHIBIT �l jlf (PAGE 2 OF 2) MEDIAN DIVERTER RETAIL SCALE: V = 10` m M ...w, ?„ Will T 7 IPPHP4 HOW 130 031VW ii 9 � r �r I,,{ • rs�AFFf"s"'.�"" `.+.�" , .a t�r F, � � J' iE • I E tz it q q� E cl 1} IUiil (7. I .. I N rrtwwa+ •i,taraf 'r 11 :3� SRI EL j1j1 (i.) i t -1,t it I I � it t ' .9 11,11m I Ii r( r I z !• r I•lC i�Iri lira t +�I :.. -' +-• ta- rJ:i.x:ad"• + • ::_.s_..: u.;..r�_u.�. I� illi� l�Ir� [lii.i lt��l - T v 0 75D -112 H ? J V 0.ry� �Vfn V! V [JJ Ga OC W N. _� 5 4 �• NOTE; DIMENSIONS ARE APPROXIMATE- FOR ACCURATE DIMENSIONS SEE ABANDONMENT DOCUMENTS WHEN RECORDED. N r • 6' R a tii SED H/W EXHIBIT "Ll' (NOT TO SCALP) AREA'TO BE DEDICATED SEE EXHIBIT wV 'I" d° 6"/. 47'r ----i }uff K- Z5S.69` { 60' L x 2G, 2p' w W • 0 „ go, 0 X= 60,00 043 EDINGER AVE. PER TRACT MAP 2011 MM 57-44 Is-.66, -� f0,lTrT 0 - 2 a}T� J P� m �kO ^a N ham- --� -- N T Ft. 'l u, q (TH J d t 8S" °53 a t� 9 STANFORD ST. �l SCALE: 1,a = 100' I, E; F2 /�A.pPA �l' N-- �j\ C24 Phi* o TR k`Iu. J'19 %p 4- Bf,6- Ay L 1569 i S0 POMONA ST, c� �/j. pD'ydg�6 a IuR• AO - do' o 3- A TI Yr� rn, Flu. ' U•1.1 - -4 : 89' S'.;' SA' I j Z, /5.69' 67' BERKELEY ST. STREETS TO BE } ABANDONED _ w w 0 � w u9i m Q cc LU 0 „ go, 0 X= 60,00 043 EDINGER AVE. PER TRACT MAP 2011 MM 57-44 Is-.66, -� f0,lTrT 0 - 2 a}T� J P� m �kO ^a N ham- --� -- N T Ft. 'l u, q (TH J d t 8S" °53 a t� 9 STANFORD ST. �l SCALE: 1,a = 100' I, E; F2 /�A.pPA �l' N-- �j\ C24 Phi* o TR k`Iu. J'19 %p 4- Bf,6- Ay L 1569 i S0 POMONA ST, c� �/j. pD'ydg�6 a IuR• AO - do' o 3- A TI Yr� rn, Flu. ' U•1.1 - -4 : 89' S'.;' SA' I j Z, /5.69' 67' BERKELEY ST. STREETS TO BE } ABANDONED 044 20' DRAINAGE AND UTILITY EASEMENT 6Q' DRAINAGE AND UTILITY AND EMERGENCY ACCESS EASEMENT DRAIN CULVERT Z 5' LANDSCAPE AREA & MASONRY WALL 20'EMERGENCYACCESS GATE W /KNOX BOX AND JQ,(IST DWY DRIVEWAY WITH 4" CF a 31' E "v PROPERTY LINE ye A. JITIONAL PARCELS EXI T DW 1,2, &3 Cu ,Q 4 Q' KI: X 'a. Id! W 41 � '' � 12" 16' 18' 12' • ih EMERGENCY ACCESS DETAIL POMOPIA STREET SCALE: 1" m 20' EXHIBIT "N" 9 20' DRAINAGE AND UTILITY EASEMENT 60' DRAINAGE AND UTILITY AND EMERGENCY ACCESS EASEMENT 7777 DRAIN CULVERT ..:�'S' LANDSCAPE AREA 8' MASONRY WAIL EXIST DWY E,'LY PROPERTY LINE DDITIONAL PARCELS 1,2, &S 0 W IW YW 045 T ' EMERGENCY ACCESS GATE;W /KNOX BOX AND DRIVEWAY WITH 4" CF 1EXIST DWY B EMERGENCY ACCESS DETAIL STANFORD STREET SCALE: 1" = 20' EXHIBIT 11011 V , a 046 SCALE 1 " =30' J C1. r H r! 1 G 1-1 � CU r1 V CNANNELIMPROVEMENTS ILhjf 8" THICK PCC B" CURB FACE _....._ _ 20' WIDE DRAINAGE EASEMENT ✓ ",- UNDER SIDEWALK DRAIN PROP. DWY {5 51DEWALK - BERKE EXHIBIT "pli �� • 1{ STREET EXIST CURB I" z W W to t�t J D uj 0 LV ��J� 20' DRAINAGE AND UTILITY EASEMENT 51 LANDSCAPE AREA •# PLANTER :,` V WIDE �ONC. DRAIN 25' DRAINAGE AND UTILITY EASEMENT 4t4+i ag a .0. wai g � w a. tr 047 E'LY LINE ADDITIONAL PARCEL'S PP W MASONRY WALL H z LU Q 0 a J r� 30' v W x z t� W v� 77 w FRONTAGE ROAD DETAIL SCALE: 1" = 20' J EXHIBIT "Q'° a v o .a a Baia o �W N L a V W Q H Q a H EXHIBIT 10 75D -119 0 �gp .0 0 w• FC q 0 O M m N v A ti U U Q C d. A W `6b o M� o o aGC c . FrFi QQ �:m '' � � Q Lam' •'�� nl - W v a `tea _a O o .: ^ C+ Y M v N V v P � R �J � � - � Ti V � l` 1 u �� .J p U • CJ Y � '� � C u L "� .. P, O ;' ,;./.G G v � w n'O N C O P. ^•,� � � 4 jnl�� ^J J EXHIBIT 10 75D -119 0 �gp .0 0 w• FC q 0 O M m N v A ti o u ro v n o g o a ro n Rpj U 04 to SSi.�. v Y fi� i� 'vlet l�aTrK�`� W .-1 a 0z f4 tJ d....v; N G ;a M iH •Oiy: +�• w ' p Y� .. a � v m 2d L � G y M-�j `� � '� _n S 4 r •G A � u 6G ^6•+ r. � .. � � o- � n r3 7 •. + '+ G V 4 J O 5f. V �; :'+ G° G G -� U u n a • L1 W' • y .-. • Q V ^J r: Y y 4 K 75D -120 0 apgp •D 0 a q 0 0 O M m N A C4 75D-1 21 t 04 0, u P4 C- c �A, 3 �l a F. �5 U �9 7 c ts . . .. ... ... ... .. . .. .... ... ... ... .. . . . ... ...... 0 75D-1 21 t 04 a Y4 .q p o P. � � A v 5 �w e t� WI C] .w !Q Ki u, z a µ i A t p .A: Xi m bq - R @ a. wr ; G T V C ♦il V�� ?�_] C JN. l •r[y' a ?A "GC a C/ a F n� G �y � c� u C G V r H"C �AR��, 4"p >VP Fl p�iti .O V�l�flGF'QCL' Fl +Mi GJ0."J'�G -.�GF iS Yi d G 'C A nn `• E r V Y-" C .. C A f.. u J j V E C � •� `u .s �� G A u G v b F ~ C 'v0 � O hG E v? � [� a G C S G; 5 r c. _ X .., � -. � G; c. a d« ,9 � .� m w c Q r n v u o o. v� •«`' ;, .. �. a Q_ n s a v p s, 75D -122 4 D qa q 0 a x a 0 M O w C v 0 w ova s„ Naa A I I IL KaW �y 6 NW w y� F l �Sl r � a w O' a O . A Fd Al Ono! v a= G F .p2 Qr' 7 w J C 7 r C a C G G p) V N L •G• .Ci v� C. J Y r�'. '� "J _ Y '.l j h G f V �4tC Cam. ky°� C '?u � c�^J 0 C G ti a v v J .. I 05 ! ! O A A 75D -123 Q F 0 a bq .G�ry N M W'., N ^Q ro W � \\ \�( \/k ±)\ �] ) / wr\ } o \ ~\ 16 \ � \ � \ � � \ to /s � \ � \ � \ � { � \ 7 IfI \ \ ƒ)5 \! j /j /z » IT ®q} ) )\ \u \ \\\ \\ \ \ \\\ � \ 75D.124 , \ ) } ) { \ \ ; 75D -125 Exhibit B ROH — 03/15/16 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2013 -01; AND, ADOPTING THE MITIGATION MONITORING PROGRAM FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT LOCATED AT 1202 WEST EDINGER AVENUE WHEREAS, the Diocese of Orange Education and Welfare Corporation ( "Developer ") is proposing to expand upon the operations of the existing Mater Del High School campus by constructing a three level, 990 -space parking structure, as well as proposing to demolish two older classroom buildings and construct a new two -story classroom building in the central section of the campus ( "Project") located at 1202 West Edinger Avenue within the City of Santa Ana ( "City "); and WHEREAS, the proposed Project also includes the removal of 19 residential parcels of land and street segments not currently owned by the Developer; and WHEREAS, the Project as proposed will require a general plan amendment, zoning ordinance amendment, and a lot consolidation action to address the designation of the residential parcels; and - -- - - - - - - - - - - - WHEREAS, pursuant to Public Resources Code section 21067 and the State CEQA Guidelines (Cal. Code Reg., tit. 14, § 15000 et seq.) section 15051, the City is the lead agency for the proposed Project; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.; "CEQA "), and the State CEQA Guidelines the City has determined that an Environmental Impact Report ( "EIR ") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the proposed Project; and WHEREAS, on or about November 13, 2012, the City issued a Notice of Preparation ( "NOP ") on a draft EIR, and circulated the NOP for a period of 30 days pursuant to State CEQA Guidelines sections 15082(a) and 15375; and WHEREAS, the City solicited comments from potential responsible and trustee agencies and members of the public; and Resolution No. 2016 -xxx 75D -126 Page 1 of WHEREAS, on or about December 4, 2012, the City held a public scoping meeting to gather public comments on the proposed Project and its potential impacts on the physical environment; and WHEREAS, on or about October 6, 2014, a draft EIR was circulated for public review and comment; and WHEREAS, on or about October 27, 2014, a Public Hearing was held by the Planning Commission; and WHEREAS, by the close of the 45 -day review period a total of five comments, three written comment letters and two oral comments, were received by the City on the document; and WHEREAS, the City has prepared a Final EIR, consisting of comments received during the 45 -day public review and comment period on the Draft EIR, written responses to those comments, the Mitigation Monitoring Program and the Draft EIR. In addition, the Findings of Fact and Statement of Overriding Considerations for the Project have been prepared. For the purposes of this Resolution, the "EIR" shall refer to the Draft EIR, including all of the technical studies and appendices to the Draft EIR, together with the other sections of the Final EIR, including all of the technical studies, attachments and appendices to the Final EIR; and WHEREAS, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 13, 2015, and voted to recommend that the City Council: (1) Adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations for the proposed Project; and, (2) Adopt an ordinance approving a second amendment to Development Agreement No. 1999 -01 (DA No. 2015 -02) for the Mater Dei High School campus expansion project; and WHEREAS, on or about March 15, 2016, the City Council held a duly noticed public hearing and at that time considered all testimony, written and oral, and approved Resolution No. , certifying the EIR; and WHEREAS, the Facts, Findings, and Statement of Overriding Considerations Regarding the Environmental Effects for the Mater Dei High School Parking Structure and School Expansion Project, is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Mitigation Monitoring Program sets forth the mitigation measures to which the City shall bind itself in connection with this Project and is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the proposed Project, and Resolution No. 2016 -xxx 75D-127 Page 2of6 WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated; and WHEREAS, the Final EIR prepared in connection with the proposed Project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the proposed Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to the City Council as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final EIR, and all oral and written evidence presented to it during all meetings and hearings, all of which is incorporated herein by this reference; and WHEREAS, the City has not received any comments or additional information that produced substantial new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on March 15,2016, the City Council conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. Recitals. The recitals above are true and correct and are incorporated into this Resolution by reference as findings of fact. Section 2. Review Period. The City provided a 45 -day public review period for the Draft EIR, which meets the minimum requirements under CEQA Guidelines sections 15073 and 15105; and Section 3. Certification. The City hereby certifies that (1) the EIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the EIR was presented to the City Council and the City Council has Resolution No. 2016 -xxx 75D -128 Page 3 of 6 reviewed and considered the information contained in the EIR prior to considering adoption of the Project, and (3) the EIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Section 4, CEQA Facts Findings and Statement of Overriding Considerations. The City hereby adopts the CEQA Facts, Findings, and Statement of Overriding Considerations, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Program attached hereto as Exhibit B and incorporated herein by this reference. The City finds that Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring Program. Section 6 . Indemnification. The Developer agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this Project, and any approvals associated with the Project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 10. Wildlife Resources, Pursuant to Title XIV, California Code of Regulations (CCR) § 7355(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 11. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Facts, Findings, and Statement of Overriding Considerations, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Anan hereby adopts the CEQA findings, certifies Final Environmental Impact Report No. 2013 -01, and approves the mitigation monitoring program for the Mater Del High School Parking Structure and School Expansion Project. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated Resolution No. 2016 -xxx 75D -129 Page 4 of 6 March 15, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 12. Judicial Review. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. Section 13. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Facts, Findings, and Statement of Overriding Considerations in Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6. Section 14. The City Council hereby directs staff to file a Notice of Determination with the County of Orange within five (5) working days of final Project approval. ADOPTED this _ day of 2016 APPROVED AS TO FORM: Sonia R. Carvailho City Attorney Miguel A. Pulido Mayor Resolution No. 2016-xxx 75D -130 Page 5 of 6 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 the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75D -131 Resolution No. 2016 -xxx Page 6 of 6 California Environmental Quality Act Facts Findings, and Statement of Overriding Considerations Exhibit "A" 75D -132 CITY COUNCIL RESOLUTION NO. FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT SCH # 2012111043 Lead Agency: CITY OF CITY SANTA ANA 20 Civic Center Plaza Santa Ana, California 92702 Contact: Mr. Vince Pregoso, AICP 714.667.2700 June 20'15 EXHIBIT "A" 75D -133 This document is designed for' double -sided printing to conserve natural resources-. 75D -134 (9) Mater Dei High School Parldng Structure and School Expansion Project Environmental Impact Report TABLE OF CONTENTS 1.0 STATEMENT OF PACTS AND FINDINGS ....................................:........... ..............................1 1.1 Introduction ............................................................................:................. ..............................1 1.2 Description of Proposed Project ............................................................ ..............................2 1.3 Effects Determined To Be Less Than Significant in the Initial Study /Notice of Preparation ....................................................... ..............................6 1.4 Effects Determined To Be Less Than Significant in the EIR ......... .............................12 1.5 Effects Determined To Be Mitigated to Less Than Significant Levels ........................ 14 1.6 Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings ....................... ......... ............ ................. — .... . 27 1.7 Alternatives to the Proposed Project .............................................. ....... ............ .... ............ 2,8 2.0 CERTIFICATION OF THE FINAL EIR ...................................................... .............................31 2.1 Findings ................ .......... .... ........ .. ....... ..... ..... ...... — ......... ........... .................. ............... ........... 31 2.2 Conclusions .............................................................................................. .............................31 3.0 STATEMENT OF OVERRIDING CONSIDERATIONS ......................... ............................3'1 3.1 Introduction . ................................................... .................... --- .................................. ........ 31 3.2 Sigtficant Unavoidable Adverse Impacts ........................................... .............................32 3.3 Overriding Considerations ................. .............................. ..... ...... .... -- ....... ........................ 32 Statement of Pacts and Findings i June 2615 75D -135 Mater Dei High School w ! Patldng Structure and School Expansion Project �` Environmental Impact Report This page intentionally left blank. Statement of Facts and Findings ii June 2015 75D -136 Mater Dei High School Parldng Structure and School Expansion Project :i Environmental Impact Report 1.0 STATEMENT OF FACTS AND FINDINGS 1.1 INTRODUCTION The California Environmental Quality Act (CEQA) reytures that a Lead Agency issue two sets of findings prior to approving a project that will generate a significant impact on the environment. The Statement of Facts and Findings is the fast set of findings where the Lead Agency identifies the significant impacts, presents facts supporting the conclusions reached in the analysis, makes one or more of three findings for each impact, and explains the reasoning behind the agency's findings. The following statement of facts and findings has been prepared in accordance with the California Environmental Quality Act (CEQA) and Public Resources Code Section 21081. CEQA Guidelines Section 15091 (a) provides that: No public, agency shall approve or carry out a project fr!r n/hieb tin EIR has been certified which idem foes one, or more tegnijicant environmental effects of the project unless the public agency maker one or mare written findings for each of those rignoceinl efeats; accompanied by a brief explanation of the rationale for each finding. There are three possible finding categories available for the Statement of Facts and Findings pursuant to Section 15091 (a) of the CEQA Guidelines. (1) Changes or alterations have been requbrod hi, or incorporated into, the project which avoid or ubstankally lessen the sl,g f1cant environmeeal effect as identi ad in the final EIR (2) Siwh changes or alterations are within the reeporatibility and jurisdiction of anotherpaablic dAeng and not The agony making the finding. Such changes have been adopted by sucb other agency or can and should be adopted by such other agent'. (3) Specdjic economic, legal, social, technological, or other considerations, including provision of employment oppodunities for hzghly trained workers, make in/easible the mitigation measures or prrojeet alternatives identified in the final EIR. The Statement of Overriding Considerations is the second set of findings. Where a project will cause unavoidable significant impacts, die Lead Agency may still approve a project where its benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against effects, and approves the project. The City of Santa Ana, the CEQA Lead Agency, finds and declares that the proposed Mates Del High School Parking Structure and School Expansion Project Environmental Impact Report (EIR) has been completed in compliance with CEQA and the CEQA Guidelines. The City of Santa Ana (the "City ") finds- and certifies that the EIR was reviewed and information contained in the EIR was considered prior to approving the proposed Mater Del .High School Patldng Structure and School Expansion Project, herein referred to as the "project ". Statement of Facts and Findings 1 June 2015 75D -137 Mater Dei High School (9) Parldng Structure and School Expansion Project Environmental Impact Report Based upon its review of the IIR, the Lead Agency finds that the EIR is an adequate assessment of the potentially significant environmental impacts of the proposed project, represents the independent judgment of the City, and sets forth an adequate range of alternatives to this project. The Final EIR is composed of the following elements: The Mater Dei High School Parking Structure and School Expansion Project Public Review Draft Environmental Impact Report (October 2014); Responses to Comments; and Mitigation Motutoring and Reporting Program. The remainder of this document is organized as follows: 1.2 Description of Project Proposed for Approval; 1.3 Effects Determined to be Less Than Significant in the Initial Study /Notice of Preparation; 1.4 Effects Determined to be Less Than Significant in the EIR; 1.5 Effects Determined to be Mitigated to Less Than Significant Levels; Lb Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings; and 1.7 Alternatives to the Proposed Project. 1.2 DESCRIPTION OF PROPOSED PROJECT The proposed project involves the construction of a three -level parking structtu e cast of the school's existing campus (east of the existing football and soccer fields) and a two -story classroom build ng within the boundaries of die existing campus (west and south of classroom buildings 100 and 600). No change to the school's existing operations would occur; however, maximun student enrollment is proposed to be increased from 2,200 students to 2,500 students. The addition of the proposed parking structure would increase the size of the campus from approximately 21 acres to 25 acres. PARKING STRUCTURE The project proposes to acquire an additional 4.0 acres of land to the cast of the existing school in order to construct a new parking structure. This land is currently occupied by existing residential uses. Implementation of the proposed project would require the demolition of these structures, site grading, and construction of the new parking structure. The proposed parking structure would provide 990 parking spaces in three levels. The parking structure would have a maximum height of 30 feet. No subterranean levels are proposed. The stricture would be open on three sides. Statement of Pacts and Findings 2 June 2015 75D -138 A-40h, Mater Dei High School Panting Structure and School Expansion Project Environmental Impact Report Construction of the parking structure would involve the voluntary acquisition of 19 existing single - fanuly residential units by the Project Applicant. These 19 residential units are located east of Baker Street and north of St. Andrew Place. Baker Street, between St. Andrew Place and Berkeley Street, would be vacated, providing access from St. Andrew Place to the parking structure and surface Parking lot to the north along a new Monarch Way extension. Additionally, a portion of Occidental Street and Berkeley Street (approximately 250 feet), between Baker Street and the proposed property line, would also be vacated. Occidental Street and Berkeley Street are proposed to terminate at the eastern boundary of the parking structure at a new public alley that would allow for adequate fire access and connectivity between the two roadways. The public alley, to the east of the parking structure would include Mater Dei- controlled gates at both the north end and south end. The proposed gates would have a I {nox Box installed in order to provide for City of Santa Ana Public Works and Orange County Fire Authority (OCFA) access to the site. The gates would also be set back in order to allow a harrunerhead arrangement for vehicles to pull in without blocking the alley. In addition, the proposed gate locations would provide total public access between Occidental Street and Berkeley Street for the City Public Works and Fire Department staff as well as the general public. In order to accommodate the public access portion of the proposed alley, the existing west property line would be modified to shift toward the west between Occidental Street and Berkeley Street. The alley would become City property with the landscape maintained by Mater Dei Iligh School. This public alley would also provide trash trucks access to Berkeley Street and Occidental Street on a weekly basis, and would elirnknate the need for trash trucks to back up. Fite lanes would be provided along the western, eastern, and northern boundaries of the parking structure with access from St. Andrew Place and extending to the west and to the north to the existing fire lanes within the campus. As part of the fire lane, a 30 -foot drainage and utility easement /public alley would be provided along the eastern property line. Six -inch sewer and water mains would be located within the easement /public alley. Existing utilities within Baker Street and the portions of Occidental and Berkeley Streets proposed to be vacated would be relocated. An eight -foot high masonry wall with greenscreening would be constructed along the northern and eastern property lines of the parking structure, adjacent to the existing residential uses. A six -foot wide walkway would be constructed along the northern and western sides of the parking structure. Fencing and landscaping would be provided on Mater Dei Fligh School property to the west of the parking structure driveway at St. Andrew Place, and landscaping would be provided around the perimeter of the packing structure. Travel patterns for students and parents would be altered with the addition of the parking structure. Parents /guardians dropping -off and picking -up students would have a one -way circulation system, similar to existing operations, entering from the north on Edinger Avenue and continuing south to exit onto the new Monarch Way extension at St. Andrew Place. Students parking in the main surface parking lot would have access from Edinger Avenue during the morning arrival only. Students parking in the proposed parking structure would have access only from St. Andrew Place fox entering and exiting. Students traveling eastbound on St. Andrew Place and northbound on Balser toward the school would access the parking structure through the main entrance on the new Monarch Way extension. Students traveling westbound on St, Andrew Place toward the school would have access to the structure via a right -turn only en ranee located at the new utility, drainage, Statement of Facts and Findings 3 June 2015 75D -139 Mater Dei High School "° Patldng Structure and School Expansion Project Environmental Impact Report and fire lane easement /public alley on the east side of the proposed structure. During the afternoon dismissal, all students exiting the parking structure would be require to exit via the main driveway at the new Monarch Way extension at St. Andrew Place. With implementation of the parking structure, the project also indudes the following circulation improvements, which would be the responsibility of the Project Applicant: • Anew traffic signal and crosswalk at the intersection of St. Andrew Place and Bristol Street; • A dedicated right -turn lane along westbound St. Andrew Place at Bristol Street; and • Optimized left turn signal timing and splits at the Edinger Street /Monarch Way intersection to maximize efficiency for envy onto the campus. INTERIM SURFACE PARKING SCENARIO The Project Applicant may utilize a portion of the parking structure site as surface parking as an interim use until construction of the parking structure begins. This would allow for the provision of additional parking to meet the needs of the campus as completion of the property acquisition and funding process occurs. Potential surface parking areas would be fenced, paved, and illuminated and would likely occur as an extension of the existing on- campus surface parking lot along the eastern boundary of the campus. Given the uncertain tinning and sequencing associated with the property acquisition process, this analysis- conservatively assumes that the interim surface parking would occur over all 19 residential lots associated with the parking structure site, unless otherwise specified in the analysis. Under this scenario, all of the project's proposed circulation system improvements would be constructed prior to opening of the surface parking lot. The Interim Surface Parking Scenario would not result in an increased student enrollment capacity, as it would not include facilities that would directly generate student growth. Rather, this interim parking would accommodate existing and planned needs tinder the 1999 Master Plan for Mater Dei F-ligh School for daily operations and special events. CLASSROOM BUILDING The two -story classroom building would be located within the interior of the existing campus, to the west and south of classroom buildings 100 and 600 and to the north of the swimming pool. The proposed classroom building would replace Buildings 300 and 500, resulting in the replacement of 21,240 square feet of existing classroom space with 30,820 square feet of new classroom space; refer to Table 1, .Probos� ed Caly ar. The new building would include 32 classrooms with a maximum height of 44 feet. This architecture and design of the new classroom building would emulate the existing two - story Academic Services Complex located at the corner of Edinger Avenue and Bristol Street, which features stucco and concrete block construction. As noted above, the proposed improvements associated with the project would increase the size of the campus from 21 acres to 25 acres, and would also increase maximum student enrollment from 2,200 students to 2,500 students. Statement of Facts and Findings 4 June 2015 75D -140 Mater Del High School (9) Parking Structure and School Expansion Project Environmental Impact Report Table 1 Proposed Campus Building Identification Existing Building .(square feet) Proposed to be Removed (square feet) Proposed Building (square feet) Total Building (square feet) 100 28,915 0 0 28,915 200 20,275 0 0 20,275 300 11,340 - 11,340 0 0 500 9,900 -9,900 0 0 600 8,200 0 0 8,200 Chapel 5,000 0 0 5,000 Student Services 13,681 0 0 13,681 AcademicslScience 53,425 0 0 53,425 Gymnasium 21,320 - 21,320 0 0 Athletic Complex 52,721 0 0 52,721 Locker Building 1,182 0 0 1,182 Maintenance Building 2,879 0 0 2,879 Performing Ads Building 0 0 46,241 46,241 A uatics Center 3,807 0 0 0 32- Classroom Building 0 0 30,820 30,820 Total Building Area 232,645 - 42,560 77 061 263 339 Parkinq Structure 0 0 318,846 Source: The Austin Company, Master Plan Modification Site Plan, March 21, 2012, Note: The environmental effects of the proposed parking structure and 32- classroom building are considered within this EIR. The proposed Performing Arts Building has previously obtained CEQA clearance through the City. Thus, environmental effects associated with the Performing Arts Building is not considered within this document. CONSTRUCTION PHASING Implementation of the proposed parking structure would occur in a single phase over the course of approximately 12 months. The start of construction of the parking structure would be contingent upon completion of the voluntary property acquisition process. As noted above, the Project Applicant may utilize a portion of the parking strucmte site as surface parking as an interim use until construction of the parking structure begins. The tuning of construction of the 32- classroom building would be dependent on the availability of funding. However, construction of the new classroom building would not occur until after completion of the parking structure (i.e., after June 2017). GOALS AND OBJECTIVES Pursuant to Section 1512d(b) of the CEQ/1 Gzrielpliae,r, the EIR project description must include "[a] statement of objectives sought by the proposed project.. -The statement of objectives should include the underlying purpose of the project." Statement of Facts and Findings 5 June 2015 75D -141 « 4 Matet Dei High School Parking Structure and School Expansion Project Environmental Impact Report The proposed project goals and objectives are as follows: 1. Provide an on- campus parking structure to accommodate existing and projected parking demand under the Master Plan for Mater Dei.High School 2. Provide a new parking structure and two - story classroom building to accommodate projected growth and increase maximum student enrollment from 2,200 students to 2,500 students. 3. Provide improvements that minimize impacts of the proposed project on the surrounding community both on -site (screening walls, landscaping improvements, enhanced architectural treatments), and off -site (transportation improvements). 1.3 EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE INITIAL STUDY /NOTICE OF PREPARATION The City of Santa Ana prepared an Initial Study /Notice of Preparation for the proposed project to determine potentially significant effects of the proposed project. The Initial Study /Notice of Preparation was circulated for public review from November 13, 2012 through December 17, 2012, In the course of this evaluation, certain impacts of the proposed project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following effects were deternined not to be significant, and were not analyzed in the Draft EIR; refer to Appendix 13.1 of the Draft EIR. AESTHETICS /LIGHT AND GLARE (Note: Impacts related to shade and shadow, light /glare, and visual character are summarized in Sections '1.4, 1.5, and 1.6 below). FFave a substantial adverse eject on a scenic resoaorce. Sarbstantially damage scenic resources, includin5 but not limited to, true., rock outerojr/lings, and historic badldings within a state scenic highway. AGRICULTURE AND FOREST RESOURCES Convert Prime Farmland, Unique Farmlawl, or Farmland of Statewide Imfiortance (Farmland), as shown on the maps jonpared))1tri Carat to the Fcmnrland Mapping and Monitoring Program of tine California Resources r1gency, to non- agr%ullaral rose. Conflict with ekistin87oning for agricultrattl are, or a Wilfi'awson Alit conrraex Con flirt with e.xisling �anzng for, or cause retooing of,' forest land (cis defined in Public Resovrces Code section 122200, ternberlarad (as d�fiored by Pub&,' Resoanres Code section =1526), or timberland tioned Timberland Production (as defined by Govenovent Code section 5110210) . ]3esaelt in the loss afforest land or aonver:rion offoresi laud to nonforert use, Statement of Facts and Findings 6 June 2015 75D -142 (9) Matet Dei High School Parldng Structure and School Expansion Project Environmental Impact Report Involve other changes in the existing einironrnent mbich, dare to their location or nature, could result in conversion of Farmland, to non - agricultural ass or conversion of forest laud to non- .forest ruse. AIR QUALITY (Note: Impacts related to short -term and long-term operational air quality impacts are stunmarized in Sections 1.4 and 1.5 below). Create obyea lonable odors affecting a tarbstantial number of f eople. BIOLOGICAL RESOURCES Have a substantial adverse sect, either directly or thringh habitat rnodilications, on any pecies identified as a candidate, sensitive, or special stattcr species in local or regional plans, policies, or regulations, or by the California Department ofFish and Carne or U.S. Fish and lVildlife Service. Have a substantial adverse act on any riparian habitat or other sensidw natural community identified in local or rggional plans, policies, regulations or by the California Departuent of Fish and Game or U.S. Fish and WlildGfe Service. Have a substantial adverse effect on federal c protected rvetlrnadr as defined by Section 404 of the Clean Vater• Act (including bit not h'mited to, marsh, vernalpool., coastal, etc. ) through direct removal,fiNig, hydrological interruption, or other means. Interfere iabstanttaly with the movement of any native resident or migratory fish or wildlife species or with established native resident or ongrato y rvildlefe corridors or impede the use of nafive wildl fe nuise?), silos. Conflict with arey local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Co ncoanity Conservation Plan, or other approved local, regional, or stale habitat conservation plan. CULTURAL RESOURCES Came a substantial adverse cbange in the signiearrce of a Historical rosourco as defined in C QA Guidelines § 15064.5. Course a substantial adverse change in the significance of an eurhaeologiral resource parr tuant to CF'0A Guidelines ,15064.5. Directly or indirectly destroy a tmigue paleontohgiical resource or site or rnricyue geologic featere. Disturb any harman remains, inanding those interred onll de of fbrrual cemeteries. GEOLOGY AND SOILS Expose people or structures to potential substantial adverse ff ets, including the risk of loss, iryuy, or death involaring• Statement of Facts and Findings 7 rune 2015 75D -143 Mater Dei High School (9) Parking Structure and School Expansion Project Environmental Impact Report 1) Rapture of a known earthtluake faatlt, as delineated on the most recent Algaist- Priolo Earthquake Fanit Zoning Map issaced by the State Geologist for• the area or based on other substantial evidence of a known Junk Refer to Division ofAllines and Geology Special Publication 42. 2) Strongseismicgrozutd,rhakirrg. 3) Seisrru'' c- relatedgroatndfailtrre,including liquefaction, 4) Landslides. Result in substantial soil erosion or the loss of topsoil Be located on a geologic unit or soil that it unstable, or that would become unstable as a result of the project, and potentially result in on -or off site landslide, lateral spreading, subsidence, liquefaction or collapse. Be located on expansive soil, as defined in Table IS- /-B o f the Caiifornia Building Code (2004), creating substantial risks to life orproper -0. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available, for the disposal of waste mater: HAZARDS AND HAZARDOUS MATERIALS Create a significant batiard to the public or the environment througb the routine transport, use, or 4posal, of ha -Zardous materials Create a .iignicaut ba�,ard to the public or the environment tbrough reasonably foreseeable utwel and accident conditions involving the release of hazqraous materials into the enviromneut. Erna "t ba�codous emissions or handle ba�ardous or acuiey hazardous materials, substances, or waste witbin one- quarter mile of an existing orproposed school. Be located on a site which is included on a list of hatiareloas materials sites compiledpursuant to Government Code Section 65962.5 and as a result, mould it create a significant hazard. to the public or the err ranrno tt. .For a project located within an airport land use plan or, where such aplan has not been adopted, within two miles of a public airport or publie use airport, would the project result in a sajty batiard far people residing or working in the project area. I'or a project within the vicinity of a private airstrip would the project result in a safety hatiard for people residing or working in the project area. Impair implementation of or physically interfere with city adopted emergenge response plan or emergency evacuatiory plait. Expose people or structures to a significant risk- of loss, hjuy or death involving wildland fares, ineludiug where wikhands are acjacent to urbanitied areas or where rnidences are intermixed with wildlands. Statement of Facts and Findings 8 June 2015 75D -144 Mater Dei High School (9) Parldng Structure and School Expansion Project Environmental Impact Report HYDROLOGY AND WATER QUALITY' Tliolate any water quality standarddr or waste discharge requirements Srzbstarrtially deplete groundwater supplies or inderfare srbstantially wadi groundwater recharge such that there would be a net deficit in aqu fer volume or a lowering o f the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not sitpbort oxiding laud mires orplarmed ores for whicb permits bane beengranted). Sarbstanhaly alter the existing drainage pattern of the site or area, inciWing through the alteration of the enurse of stream or river, in a manner wbz'ch would result in substantial erosion or siltation err- or off site. Srrbrtandally alter the existing drainage pattern of the site or area, including through the alteration of the coarse of a stream or river, or substantialy increase the rate or annomrt of surface riwgJr in a manner wbad wound result in flooding on- or off -site. Create or eontributa runoff water whicb would exceed the capacity qf existing or planned storm water drainage eyxtems or provide substantial additional sources of polluted ran&' Othermise subsiant)aly degrade water qualzo. Place housing within a 100year flood haiard area as mapped on a federal Flood Ha�grd Boundary or Flood Insurance Rate Map or other flood ha and delineation me p. Place nrathin a 100year flood ha�grd area structures which would impede or redirect flood flows. Expose people or structures la a sign fieant risky of loss, injury or deatb involving flooding; inclur /ing flooding as a result of the failure of a leree or dam Inundation by seiclne, tsunawi, ormucjlow. LAND USE AND RELEVANT PLANNING (Note: Impacts related to consistency with regional and local land use planting documents (e.g., the City's General Plan and Zoning Code) are summarized in Section 14, below). Playsicalljt divide an established cormnsrnity. Conflict with any applicable habitat conservation plan or natural eorrnnunity conservation plan. I Note that Orange County Public Works submitted a comment letter dated November 13, 2014 as part of the Draft: FIR public review process. This letter contained information related to the project's water duality impacts; die City of Santa Tina responded in detail to this letter as part of the Final EIR (refer to Response #2 of the Responses to Comments, Final EIR, June 2015, Statement of Facts and Findings 9 June 2015 75D -145 L MINERAL RESOURCES Mater Dei High School Parking Structure and School Expansion Project Environmental Impact Report Result in the loss of availability of a known mineral resource that would be of value to the region and the resideats of the state. Result in the loss of availability p 'a locally- brportanl mineral reso arce recove y site delineated on a local general plan, spec66c plan or other land use plan. NOISE For a project located within an airpor 1, land use plan or, nrhere sucb a plan has not been adopted, within trvo miles o f a public airport or paablic use airport, would the project expose people residing or working in the prelect area to excessive noise levels. For a project within the viriniy of a private airstrip, mould the project expose people residing or working in the project area to excessive noise levels. POPULATION AND HOUSING Induce substantial population groantb in an area, either direrly or indirect y. PUBLIC SERVICES Substantial adverse pbyrical irrrpacls associated watb the provision of uery or plyeically altered governmental facilities, need far new or•plysically alteradgovernrnental facilstioa; the constrlirPon of rubich could cause sign cant envir-onmental inapacty, in order to maintain acceptable serviez ratios, response times or other performance objectives for any of the public services: 1) .Fire protection. 2) Policeprotection. 3) Scboolr. 4) Parks. 3) 01bo • publie facilities. RECREATION Increase the use of existing neighborbood and regional parks or other- recreational facilities such ibat substantial physical deterioration of the faci#i , zvosdd occur or be accelerated. Include recreational facilities or require the eomtrzution or expansion of'recreatioual facilities wbieh migbt have an adverse pysical effect on the environment. Statement of Facts and Findings 10 June 2015 75D -146 (9) Mater Dei High School Parking Structure and School Expansion Project TRANSPORTATION /TRAFFIC (Note: Lmpacts related to long -term operational traffic impacts are summarized in Section 1.4, below) Conflict auith are tpplicable congestion rrranagerrrent program, including, but not Amited to level of service standnrdr and travel demand rrteasares, or other standards established by the county congestion nzanagemorrt agony for designated roads or higinuays. Result in a change r'n air traff e pattems, hichrding either an increase in trafifie levels or a charge in location that results in substantial safety risks. Result in inadequate emergency access UTILITIES AND SERVICE SYSTEMS Exceed wastewater treatment requirements a f the applicable Regional lrlater.QuaI4 Control Board. Require or result in the construction of new mater or wastewater treatment facilities or expansion of existing facilities, tlee constmotion of which e'oidd cause sign(cant environmental eegoets. Require or result in the construction of neav stoma water drainage facilities or expansion of existing facilities, the constraclion of which cordd cause significant environmental e f cis. H ve sufficient water supplies available to serve the project fionr existing enfitlements and resource., or are new or mparaded entitlements needed Result in a cleterirination by the wastewater treatment provider whielr serves or mey serve the project that it has adequate capaeity to serve the project's projected demand in addition to the provider's existing coviveitmon &r. Be .nerved by a land! xll with .ruffuzentperlwIted capactty to accommodate the project's sold waste clspasal needy. Conobly earth federal state, and local stalutes and regulations related to solid waste. MANDATORY FINDINGS OF SIGNIFICANCE Does the pr fact have the potential to degrade the quality of the environment, substantially redutc the habitat a f a fish or wildlife species, caum a fish or rvildlzf population to drop below se f sustainiog levels, thy-oaten to eliminate a plant or animal communizjr, reduco the number or reshi t the range of a rare or endangered plant or animal or eliminate impodant examples oj'the major periods of Calilbrida history orprehistog. Statement of Facts and Findings 11 June 2015 75D -147 Mater Dei High School (9) Parking Structure and School Expansion Project Environmental Impact Report 1.4 EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE EIR The Mater Del High School Parking Structure and School Expansion Project Draft EIR found that the proposed project would result in less than significant impacts on a number of environmental topic areas. Therefore, a less than significant environmental impact determination was made for each of the topical impact areas listed below. LAND USE AND PLANNING Southern California Association of Governments (SCAG). The proposed project would not conflict with SCAG's regional plans and policies. City of Santa Ana General Plan. The proposed project would not conflict with goals, objectives, and policies within the City of Santa Ana General Plan. City of Santa Ana Municipal Code Chapter 41, Zoning. The proposed project would not conflict with the Clty of Santa Ana Municipal Code Chapter 41 Zoning standards or regulations upon implementation of the zone change required as an entitlement for the project. Cumulative Land Use and Planning Impacts. The proposed project, combined with other related cumulative projects, would not conflict with applicable land use plans, policies, or regulations. AESTHETICS /LIGHT AND GLARE (Note: Impacts related to short -term and long -term visual character are summarized in Sections 1.5 and 1.6, below). Shade /Shadow Patterns. Project implementation would not result in shade and shadow impacts onto adjacent sensitive uses within the project area. Light /Glare. Project implementation would not introduce substantial new sources of light and glare to the project area. Cumulative Aesthetic /Light and Glare Impacts. The proposed project, combined with other related cumulative projects, would not result in the degradation of character /quality, substantial increase in light and glare, or shade /shadow on a cumulatively considerable basis. AIR QUALITY Long -Term (Operational) Impacts. Long -term operation of the proposed project would not result in significant air pollutant emissions impacts. Long -Tenn Cumulative Impacts. Long -term operation associated with the proposed project and related cumulative projects would not result- in significant long -tetra air qualiy impacts. Statement of Facts and Findings 12 June 2015 75D -148 .L_ GREENHOUSE GAS EMISSIONS Mater Dei High School Parldug Structure and School Expansion Project Environmental Impact Report Greenhouse Gas Emissions. Greenhouse gas emissions generated by the project would not have a significant direct or indirect impact on the environment. Consistency With Applicable Greenhouse Gas Plans, Policies or Regulations. Implementation of the proposed project would not conflict with an applicable greenhouse gas reduction plan, police, or regulation. Cumulative Impacts. Greenhouse gas emissions generated by the project would not have a significant impact on global climate change or conflict with an applicable greenhouse gas reduction plan, policy, or regulation. NOISE Long -Term (Mobile) Noise Impacts. Traffic generated by the proposed project would not significantly contribute to existing traffic noise in the area. Long -Term (Stationary) Noise Impacts. The proposed project would not result in a significant increase in ambient noise levels. Airport Noise Impacts. The proposed project would not expose people residing or worhing in the project area to excessive noise levels associated with an airport. Cumulative Long -Term Noise Impacts. Development associated with the proposed project and other related cumulative projects would not result in cumulatively considerable long -term noise impacts. HOUSING Displacement of Housing. Implementation of the proposed project would replace housing with parking facilities, but would not necessitate the construction of replacement housing elsewhere. Cumulative Housing Impacts. Implementation of the proposed project and other related cumulative projects would displace housing and persons, but would not necessitate the construction of replacement housing elsewhere. TRAFFIC AND CIRCULATION Forecast Existing Plus Project Conditions. Project implementation would not cause a significant increase in traffic on local roadways for existing conditions when compared to the traffic capacity on the street system. Forecast Year 2018 With Project Conditions. Project implementation would not cause a significant increase in traffic on local roadways under forecast year 2018 conditions when compared to the traffic capacity of the street system. Statement of Facts and Findings 13 June 2015 75D -149 C Mater Dei High School Parking Structure and School Expansion Project Environmental Impact Report Forecast Year 2035 With Project Conditions. Project implementation would not cause a significant increase in traffic on local roadways under forecast year 2035 conditions when compared to the traffic capacity of the street system. Hazardous Traffic Conditions. Development of the proposed project would not result in a hazardous traffic condition either on -site or in the surrounding area. Conflicts with Policies, Plans, or Programs. Implementation of the project would not result in a decrease of the performance or safety of public transit, bicycle, or pedestrian facilities as a result of a conflict with adopted policies; plans, or programs. Cumulative Traffic and Circulation Impacts. The proposed project along with other related cumulative projects would not result in cumulatively considerable impacts related to traffic and circulation. 1.5 EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNIFICANT LEVELS The City of Santa Ana, having reviewed and considered the information contained in the Final EIR, the Technical Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(1) and GFQ;A Guidelines 15091 (a)(1) that changes or alterations have been required in, or incorporated into, the proposed project, which would avoid or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories: • Aesthetics /Light and Glare (short-term visual character /quality); • Air Quality (short -term [ construction] air emissions, localized air quality impacts, consistency with regional plans, and short -term cumulative impacts); and • Noise (short -term construction noise impacts, construction- related vibration impacts, and short -term cumulative impacts). The potentially significant adverse environmental impacts that can be mitigated are listed below. The City* of Santa Ana finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified in the Final EIR. AESTHETICS /LIGHT AND GLARE The project's potential impacts in regards to aesthetics /light and glare that can be n itigated or are otherwise less than significant are discussed in Section 5 2, _1e.rtbefies/LJght and Glare, of the Draft EIR. Identified impacts include short -term degradation of visual character /quality. Short -Tenn Visual Character/ Quality, Project construction activities would not result in significant impact's related to the temporary degradation of the visual character /quality of the site and its surroundings. Statement of Facts and Findings 14 June 2015 75D -150 Mater Dei High School Q9 Parking Structure and School Expansion Project Environmental Impact Report Findings Changer or alterations bane been required in, or inew( orated into, the project, wbicb avoid or snbstandalbi lessen the rignficant envirwnmental e(/ect as identified irr the Dzft EIR. 2. The e f/ects identifded to the Draft EIR have been determined not to be sigaiyealu. Facts in Support of Fin dings The potential impacts to the short -term visual character /quality of the project area have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measure identified in the Draft EIR. [Midgatiwr Ivleasun, AES -1 Prior to the issuance of a building permit, the Project Applicant shall submit a Construction Management Plan for review and approval by the City of Santa Ana Planning Division. The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary* fencing with opaque material), and construction haul route(s). AIR QUALITY The project's potential impacts in regards to air quality that can be mitigated or are otherwise less than significant are discussed in Section 5.3, Air Onail y, of the Draft EIR. Identified impacts include short -term (construction) air emissions, localized air quality impacts, consistency with regional plans, and short -term cumulative impacts. Short -Term (Construction) Air Emissions. Short -term construction activities associated with the proposed project would not result in significant air pollutant emission impacts. Findings Changer or alterations have been required in, or incorj orated into, the project, wbieb avoid or substantially lessen the sign ficant environmental effect as identified in the Draft EIR. 2. The effects idenrfwd io the Draft FAIR have been deterrrrined not to be sign cant. Facts in Support of Findings The potential impacts from short -term (construction) au emissions have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the Draft EIR. Statement of Facts and Findings 15 June 2015 75D -151 Nfatigahon NleasicTs: Mater Del High School Parldng Structure and School Expansion Project Environmental Impact Report AQ -1 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requites implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors: 9 All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust. Pave or apply water every three hours during daily construction activities or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance. Any on -site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non -toxic soil binders shall be applied. All grading and excavation operations shall be suspended when wind speeds exceed 25 tr les per hour. • Disturbed areas shall be replaced with ground cover or paved irmmediately after construction is completed in the affected area. • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or Low of stakes) shalt be installed to reduce mud /dirt trackout from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes. On -site vehicle speed shall be limited to 15 miles per hour. All material transported off-site shall be either: sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. Reroute construction trucks away from congested streets or sensitive receptor areas, AQ -2 All trucks that ate to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling roads on Hagainvays), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Statement of Facts and Findings 16 June 2015 75D -152 Mater Dei High School (9) Parking Structure and School Expansion Project Environmental Impact Report Applicant shall demonstrate to the City Engineer how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(1), (e)(4). AQ -3 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, 03 precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Maintenance records shall be provided to the City by the construction contractor on a monthly basis. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction. Localized Air Quality Impacts. Development associated with the project would not result in significant localized emissions impacts or expose sensitive receptors to substantial pollutant concentrations. Findings Changes or alterations bane been required in, or incorporated into, the project, which avoid or snbstantiedyl lessen the significant environmental qfect as identified in the Drafd EIR 2. The e §eas identified in the D raft EIR have been determined not to be Si in scant: Facts in Support ofFindinbas The potential impacts from localized air quality emissions have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the Draft EIR. Allitigatloee Measures: AQ -1 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQIv1D Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQIvID Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site, Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors: All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust. Statement of Pacts and Findings 17 June 2015 75D -153 (9) Mater Dei High School Parking Structure and School Expansion Project Environmental Impact Report Pave or apply water every three hours during daily construction activities or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance. Any on -site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-to,-,Ac soil binders shall be applied. + All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour. Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area. Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud /dirt trackout from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes. + On -site vehicle speed shall be limited to 15 miles per hour. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. + Reroute construction trucks away from congested streets or sensitive receptor areas. AQ -2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loarb� on Higbwav�u), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall demonstrate to the City Engineer how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(F), (e)(4). AQ -3 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, O, precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune pet manufacturer's specifications, to the satisfaction of the City Engineer. Maintenance records shall be provided to the City by the construction contractor on a monthly basis. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction. Statement of Pacts and Findings 18 June 2015 75D -154 Mater Del High School (9) Parking Structure and School Expansion Project Environmental Impact Report Consistency with Regional Plans. Development associated w th the proposed project would not result in a conflict with regional plans. Findings Chatages or alterations gape been aquired in, or incorporated into, the project, iebieh avoid or substantially lessen The signoeant eneironmental t fesx at idsnlifeed in the Drgft EIR 2. The gftls identified in the Dre f3 EIR have been determined trot to he agnifleant. Facts in Support of Findings The ptojecCs consistency impacts with regional plans have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the Draft EIR. Alitigation measures: AQ -1 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipuuate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQ1VUs Rules and Regulations. In addition, SCAQIVID Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors: + All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust. ® Pave or apply water every three hours during daily construction activities or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance. • Any on -site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered Ltvice daily, or non -toxic soil binders shall be applied. • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour. • Disturbed areas shall be replaced with ground cover or paved finmediately after construction is completed in the affected area. • Track -out devices such as gravel bed tack -out aprons (3 inches deep, 25 feet long, 12 feet wide per. lane and edged by rock berm or row of stakes) shall be Statement of Facts and Findings 19 ,tune 2015 75D -155 C Mater Dei High School Packing Structure and School Expansion Project Environmental Impact Report installed to reduce mud /dirt trackout from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes. . On -site vehicle speed shall be limited to 15 miles per hour. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. Reroute construction trucks away from congested streets or sensitive receptor areas. AQ -2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highwa)u), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall demonstrate to the City Engineer how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(F), (e)(4). AQ -3 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confrm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance Avith SCAQMD Rule 403, 03 precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Maintenance records shall be provided to the City by the construction contractor on a monthly basis. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction. Short -'Term Cumulative Impacts. Shott -term construction activities associated with the proposed project and related cumulative projects would not result in significant short -tetra air quality impacts. Findings Changee or alurations have been regaaired in, or ineotporated into, the pogo eot, which avoid or substantially lessen the cigni%ieant eamironmental e(foct as identified in the Drqft EIR 2 The qffe as idoulfied in the Draft L 11i have been determined not to be eignifwant. Facts in Support of Findings The short -terns cumulative impacts have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the Draft E112. Statement of Facts and Findings 20 June 2015 75D -156 Mater Dei High School Parldng Structure and School Expansion Project ,l' Environmental Impact Report Applicant shall demonstrate to the City Engineer how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(I), (e)(4). AQ -3 Prior to issuance of any Grading Pennit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance w th SCAQMD Rule 403, Os precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Maintenance records shall be provided to the City by the construction contractor on a monthly basis. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction. NOISE The project's potential impacts in regards to noise that can be mitigated or are otherwise less than significant are discussed in Section 5 5, Zi r, of the Draft EIR. Identified impacts include short - term construction noise, construction - related vibration, and short -term cumulative impacts. Short -Term Construction Noise Impacts. Grading and construction w thin the project site would not result in significant temporary noise impacts to nearby noise sensitive receivers. Firming s Changan or alteration have been squired in, or incorporated into, the pr jea, which avoid or substandaly lessen the ezgn fcani environmental offact as idend fed in tha Draft EIR. 2. The e f eds idenPiried in the Draft EI13 liana been datermined not to be sign freant. Facts in Support of Findings The potential impacts from short -term construction noise have been mitigated or substantially lessened to a level of less than significant by virtue of the mitigation measure identified in the Draft EIR. Mitigation Measure: N -1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Santa Ana Planning Division that the project complies with the following: Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Statement of Facts and Findings 22 Julie 2015 75D -157 r OU Mingatzon M'easurea: Mater Del High School Panning Structure and School Expansion Project AQ -1 Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQIVID Role 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors: a All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust. Pave or apply water every three hours during daily construction activities or apply non -toxic soli stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance. Any on -site stockpiles of debris, dut, or other dusty material shall be enclosed, covered, or watered twice daily, or non -toxic soil binders shall be applied. All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour. • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area. • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud /ditt trackout from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes. O On -site vehicle speed shall be limited to 15 miles per hour. All material transported off. -site shall be either: sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. o Reroute construction trucks away from congested streets or sensitive receptor areas. AQ -2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Hgohymye), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Statement of Facts and Findings 21 June 2018 75D -158 Mater Dei High School (9) Parldng Structure and School Expansion Project Environmental Impact Report Property owners and occupants located within 500 feet of the project boundary shall be sent a notice, at least 15 days prior to convnencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the City of Santa Ana Planning Division, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. Prior to issuance of any Grading or Building Permit, the Contractor shall provide evidence that a construction staff member will be designated as a Noise Disturbance Coordinator and will be present on -site during construction activities. The Noise Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Noise Disturbance Coordinator shall notifv the City within 24- hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works Executive Director. All notices that are sent to residential units irrnnediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Noise Disturbance Coordinator. Prior to issuance of any Grading or Building Perm t, the Project Applicant shall demonstrate to the satisfaction of the City's Bulding Safety Manager that construction noise reduction methods shall be used where feasible. These reduction methods include shutting off iding equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and electric air compressors and similar power tools. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. Noise attenuation barriers (temporary barriers or noise curtains) with a sound transmission coefficient (STC) of at least 20 shall be used along the northern, eastern, and western boundaries of the packing structure site adjacent to nearby residential uses during construction activities associated with the parking structure (all phases except for architectural coating), as well as surrounding the proposed classroom building site during construction activities associated with the proposed classroom building (all phases except for architectural coating). Noise attenuation barriers constructed at the property Pules to a height of 10 feet with an STC rating of at least 20 are capable of reducing noise levels by 7.7 dBA. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Statement of Pacts and Findings 23 J11ne 2015 75D -159 Mater Dei High School (9) Parking Structure and School Expansion Project Environmental Impact Report Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 18 -314, Special Provisions (7:00 am. and 8:00 p.m. on weekdays and Saturdays; construction activities are not permitted on Sundays or legal holidays). Construction - Related Vibration Impacts. Grading and construction associated with the proposed project would not result in significant temporary vibration impacts to nearby sensitive receptors. Findings 1. Changes or allocations have been required in, or incorporated into, the pr jeer; whir) avoid or substantially lessen the significant envzrronrtrental ffet as idetrt fdecl in the Draft BIB. 2. The effects identified in the Draft EIR have been detervarined not to be si?n�Ficant Facts in Support ofFin dings The potential impacts from construction- related vibration have been mitigated or substantially lessened to a level of less than significant by vin ue of the mitigation measure identified in the Draft EM Mitigation Meamrs: N -1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Santa Ana Planning Division that the project complies with the follouring: Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Property* owners and occupants located w thm 500 feet of the project boundary shall be sent a notice, at least 15 days prior to commencement of constriction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the City of Santa Ana Planning Div Sion, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. Prior to issuance of any Grading or Building Permit, the Contractor shad provide evidence that a construction staff member will be designated as a Noise Disturbance Coordinator and will be present on -site during constiuction activities, The Noise Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint Statement of Facts and Findings 24 Jame 2015 75D -160 (9) Mater Dei High School Parldng Structure and School Expansion Project Environmental Impact Report is received, the Noise Disturbance Coordinator shall notify the City within 24- hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works Executive Director. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the Noise Disturbance Coordinator. Prior to issuance of any Grading or Building Permit, the Project Applicant shall demonstrate to the satisfaction of the City's Building Safety Manager that construction noise reduction methods shall be used where feasible. These reduction methods include shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and electric air compressors and similar power tools. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. Noise attenuation barriers (temporary barriers or noise curtains) with a sound transmission coefficient (STC) of at least 20 shall be used along the northern, eastern, and western boundaries of the parking structure site adjacent to nearby residential uses during construction activities associated with the parking structure (all phases except for architectural coating), as well as surrounding the proposed classroom building site during construction activities associated with the proposed classroom building (all phases except for architectural coating). Noise attenuation barriers constructed at the property lines to a height of 10 feet with an STC rating of at least 20 are capable of reducing noise levels by 7.7 dBA. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 18 -314, Special Provisions (7:00 a.m, and 8:00 p.m, on weekdays and Saturdays; construction activities are not permitted on Sundays or legal holidays). Cumulative Short -Term Construction Noise Impacts. Development associated with the proposed project and other related cumulative projects would not result in cumulatively considerable short -term construction noise impacts. .Findings Changes or altenitions bane been required in, or ins'otporeaed into, the pr fact which avoid or substantially lessen the sign fcant ennironmerrtal affect as identified in the Draft EIR. Statement of Pacts and Findings 25 June 2015 75D -161 (9) Mater Del High School Parking Structure and School Expansion Project Environmental Impact Report 2. The tee %t identzfied by the Draft.EI Gave been determined not to be ,sign #cant. Facts in Support of Fin dings The potential cumulative impacts from short -term construction noise have been mitigated or substantially lessened to a level of less than significant by virtue of the mitigation measure identified in the Draft EIR. Mitigation Measurer N -1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Santa Ana Planning Division that the project complies with the following: Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Property owners and occupants located within 500 feet of the project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the City of Santa Ana Planning Division, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. Prior to issuance of any Grading or Building Permit, the Contractor shall provide evidence that a construction staff member will be designated as a Noise Disturbance Coordinator and will be present on -site during construction activities. The Noise Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Noise Disturbance Coordinator shall notify the City within 24- hours of the compbunt and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works Executive Director. All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the constriction site shall include the contact name and the telephone nuunber for the Noise Disturbance Coordinator. Prior to issuance of ,my Grading or Building Permit, the Project Applicant shall demonstrate to the satisfaction of the City's Building Safety Manager that construction noise reduction methods shall be used where feasible. These reduction methods include shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the Statement of Pacts and Findings 26 June 2015 75D -162 Mater Dei High School Parking Structure and School Expansion Project r. g Environmental Impact Report distance between construction equipment staging areas and occupied residential areas, and electric air compressors and similar power tools. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. Noise attenuation barriers (temporary barriers or noise curtains) with a sound transmission coefficient (STC) of at least 20 shall be used along the northern, eastern, and western boundaries of the parking structure site adjacent to nearby residential uses during construction activities associated with the parking structure (all phases except for architectural coating), as well as surrounding the proposed classroom building site during construction activities associated with the proposed classroom budding (all phases except for architectural coating). Noise attenuation barriers constructed at the property lines to a height of 10 feet with an STC rating of at least 20 are capable of reducing noise levels by 7.7 dBA. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities shall not take place outside of the allowable hours specified by the City's Municipal. Code Section 18 -311, Special Provisions (7:00 a.m. and 8:00 p.m, on weekdays and Santidays; construction activities are not permitted on Sundays or legal holidays). 1.6 ENVIRONMENTAL EFFECTS WHICH REMAIN SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION AND FINDINGS The City of Santa Ana, having reviewed and considered the information contained in the Final EIR, Technical Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3), that specific econotinic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the Final EIR and, therefore, the project would cause significant unavoidable impact in relation to Aesthetics /Light and Glare (long -term degradation of visual character /quality). AESTHETICS /LIGHT AND GLARE Long -Term Visual Character/ Quality. Project implementation would result in significant impacts related to the long -term degradation of the visual character /quality of the site and its surroundings. Findings 1. Changes or alterations have been regacired in, or zncorf orated into, the pqurt that avoid or substantially karen the sign fcant eneironmental effect as identified in the EIR Statement of Facts and Findings 27 June 2015 75D -163 Matet Dei High School Parking Stricture and School Expansion Project Environmental Impact Report 2. Impacts associated mich the long -term visual rbaracterl quah j) of the project a, ea from implementation o j the project have been reduced to the extent, feasible. However, there are no feasible mitigation meastae• contained in the FIR. regareling the lorry term visual rbaraclerl guall*, of the project area, and imparts mould conexitute a significant and unavoidable impact. Facts in Support ofFinchngs Implementation of the proposed project would result in significant and unavoidable impacts related to the change in character from residential use to increased hardscape compared to the surrounding residential community through the introduction of a new 30 -foot high parldng structure adjacent to their property line. With implementation of the proposed architectural treatments and Landscape Plan, the resultant visible hardscape would be reduced. However, the resultant visual impacts from this change in character /quality would remain significant and unavoidable. No feasible mitigation measures are available to reduce these impacts to less than significant levels. Mitigation Measures: No mitigation teasures are feasible. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and the Findings regarding Alternatives provide additional facts in support of these findings. This unavoidable significant effect is acceptable when balanced against the facts set forth therein. 1.7 ALTERNATIVES TO THE PROPOSED PROJECT The Draft EIR addresses the environmental effects of alternatives to the proposed project. A description of these alternatives, a comparison of their environmental impacts to the proposed project, and the City's findings are listed below. These alternatives are compared against the project relative to the identified project impacts (summarized in Section 1.4, Section 1.5, and Section 1.6, above) to the project objectives (as stated in Section 1.2, above). In making the following alternatives findings, the City of Santa Ana certifies that it has independently reviewed and considered the information on alternatives provided in the Draft EIR, including the information provided in the comments on the Draft EIR and the responses thereto, "NO PROJECT /NO DEVELOPMENT" ALTERNATIVE Pursuant to CBS 4 Guidelines Section 151.26.6(e)(2), the No Project Alternative must be analyzed within the EIR. The No Project Alternative should discuss what would reasonably be expected to occur in the foreseeable future if the proposed project were not approved. In certain instances, the No Project Alternative means "no build" wherein the existing environmental setting is maintained, Thus, the "No Project /No Development' Alternative assumes that no new development would take place on -site and that the site would remain in its existing condition. Statement of Facts and Findings 28 June 20 15 75D -164 Mater Dei High School _ •, c i Parking Structure and School Expansion Project �.. Environmental Impact Report Findings 1. The,fndiags of the proposed project set jbrth hi this document and the overriding social, economic, and other issues set forth in the Statement o f Overriding Con tideralions provide sitpport for the proposed project and the elimination of this alternative finny fiather consderation. Facts in Support ofFlndings The No Project /No Development Alternative is considered environmentally superior to the proposed project in regards to land use, aesthetics, air quality, GHGs, noise, housing, and traffic and circulation. This Alternative would eliminate the significant and unavoidable impact related to aesthetics that was identified under the proposed project. However, the No Project /No Development Alternative would not accomplish any of the project objectives as listed above in Section 1.2. This Alternative would not provide any on- campus parking in order to accommodate the projected parking demand under the Master Plan for Nlator Dei Ftigh School (Objective 1). Objective 2 would not be accomplished as the No Project /No Development Alternative would not serve the projected growth and potential increase maximum student enrollment from 2,200 students to 2,500 students. Lastly, this Alternative would not provide improvements both on -site (screening walls, landscaping improvements, enhanced architectural treatments) and off -site (transportation improvements) (Objective 3). "REDUCED HEIGHT" ALTERNATIVE The Reduced Height Alternative would involve a reduction in the height of the proposed parldng structure from three-levels to two - levels. This Alternative would develop an approximately 22 -foot parking structure, which would result in a reduction of 316 parking spaces compared to the proposed project (assuming that 686 spaces would be provided, based on the Ground Ploar and Buil&ng Section and Area Surrtnrary, prepared by The Austin Company March 21, 2012]). The parking structure footprint would remain similar to that proposed by the project. New landscaping and architectural treatments would be requited per the City's regulations, This Alternative would also construct a new classroom building and roadway /intersection infrastructure improvements sin filar to the proposed project. Findings The fzndiagt of #fie proposed pr ject set forth in this document and the overriding social., ecanornu, and other issues sat forth in the Statement of Overriding Cotuieleratims provide •support for the proposed project and the elimination of this alternative front further consideration. Facts in Support of Findings The Reduced Height Alternative would accomplish the intent of the project's objectives, but not to the extent of the project, as listed witMn Section 1.2, above. The Reduced Height Alternative would achieve Objectives 1 and .3. However, Objective 2 would not be accomplished as the reduction of 316 parldng spaces would not serve the potential increase of the student enrollment from 2,200 students to 2,500 students as a result of buddout of the Master Plan of Mater Dei High School. Statement of Facts and Findings 29 June 2015 75D -165 Mater Dei High School (9) Parldng Structure and School Expansion Project Environmental Impact Report In comparison to the proposed project, the Reduced Height Alternative would result in reduced impacts in regards to aesthetics, air quality, greenhouse gas emissions, and noise. However, the significant impact identified under the proposed project for aesthetics would remain under the Reduced Height Alternative, although the aesthetic impacts would be incrementally reduced due to the decrease in parking structure height that would occur with this Alternative, "PERMANENT SURFACE PARKING LOT" ALTERNATIVE The permanent Surface Parking Lot Alternative would involve maintaining the interim parking lot condition as a permanent condition at the proposed parking structure site. For the purposes of this analysis, it is assumed that 347 spaces would be provided, based on the Ground Floor and Building Section and Area Saanmag, prepared by The Austin Company (March 21, 2012). As this Alternative would not construct enough parking to support future growth at the campus (of up to 300 additional students), the new classroom building would not be constructed as part of the Permanent Surface Parking Lot Alternative. This Alternative would be required to comply with existing City regulations, including landscaping requirements. However, it is assumed that this alternative would not implement infrastructure improvements (including public roadway improvements and a new signal at St. Andrew Place and Bristol Street), as this Alternative would not construct a new classroom building or support buildout of the Master Plan of Mater Der High School. Findings The finch'ngs of the proposed pro-iect set forty) in Ibis dowment and the oveniding social, economic, and other issues set forth in the Statement of Overriding Considerations provide setppor2for the proposed prqject and the eliminafion of this alternative firom fnrther consideration. Facts in Support ofFindings The Permanent Surface Parking Lot Alternative would not accomplish the project's objectives, as listed within Section 1.2, above. Although this Alternative would provide additional on- campus parldng, this would not be accomplished via an on -site parking structure, not would a surface pitching lot accommodate the projected parldng demand under the Master Plan for Mater Del High School (Objective 1). Objective 2 would not be accomplished as the reduction of parking spaces to sustain a surface lot would not serve the potential increase of the student enrollment from 2,200 students to 2,500 students. Lastly, this Alternative would not provide improvements both on -site (screening walls, landscaping improveir eats, enhanced architectural treatments) and off -site (transportation improvements) (Objective 3). In comparison to the proposed project, the Permanent Surface Parldng Lot Alternative would result in reduced impacts in regards to aesthetics, air quality, GHG emissions, noise, and traffic and circulation. The significant impact identified under the proposed project for aesthetics would be eliminated under the Permanent Surface Parking Lot Alternative. However, none of the project's objectives would be met. Statement of Facts and Findings 30 June 2015 75D -166 (9) Mater Dei High School Parking Structure and School Expansion Project Environmental Impact Report 2.0 CERTIFICATION OF THE FINAL, EIR The City of Santa Ana City Council declares that no new significant information as defined by the State CEQA Guidelines, Section 15088.5, has been received by the City Council after circulation of the Draft EIR that would require recirculation. The City Council certifies the Environmental Impact Report based on the following findings and conclusions: 2.1 FINDINGS The proposed project would have the potential for creating significant adverse environmental impacts. Significant adverse impacts which cannot be mitigated to a level of insignificance relate to the long -term degradation of the visual character /quality of the project area, as discussed in the Findings. It was determined that there are no feasible mitigation measures applicable to this impact that would avoid or substantially lessen the impact. 2.2 CONCLUSIONS Except the impact stated above relating to the long -term degradation of the visual character /quality of the project area, all other significant environmental. impacts from the implementation of the proposed project have been identified in the EIR and, with implementation of the mitigation treasures identified, would be mitigated to a level of insignificance. • Alternatives to the proposed project, which could potentially achieve the basic objectives of the proposed project, have been considered and rejected in favor of the proposed project. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed project override and make infeasible any alternatives or further mitigation measures beyond those incorporated into the EIR. These considerations include project benefits such as providing on- campus parking to accommodate existing and project parldng demand; providing a new parking structure and two -story classroom building to accommodate project student growth; provide improvements that minumize impacts on the surrounding community; and contribute to the long range goals identified by the City of Santa Ana that are consistent with the goals and policies in the City's General Plan, among others. 3.0 STATEMENT OF OVERRIDING CONSIDERATIONS 3.1 INTRODUCTION CEQA and the CEiQA Guidelines provide in part the following: Statement of Pacts and Findings 31 June 2015 75D -167 Mater Dei High School Parking Structure and School Expansion Project (9) Environmental Impact Report • CEQA requires that the decision maker balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." • Where the decision of the public agency allows the occurrence of significant effects that are identified in the EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the EIR and /or other information in the record. This statement maybe necessary if the agency also makes the finding under Section 15091 (a)(2) or (a)(3) of the CE,( ,4 Guedelnxes. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination (Section 15093 of the CEQA Guidelines). The City of Santa Ana; having reviewed and considered the information contained in the EIR for the Alater Dei Iligh School Parking Structure and School Expansion Project, Responses to Comments, and the public record, adopts the following Statement of Overriding Considerations that have been balanced against the unavoidable adverse impacts in reaching a decision on this project. 3.2 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS Although all potential project impacts have been substantially avoided or mitigated as described in the preceding findings, there is no complete tnitigation for the following project impact: • Aesthetics /Light and Glare —long-term visual character and quality Details of this significant unavoidable adverse impact were discussed in the Mater Dei High School Parking Structure and School Expansion Project EIR and are surnmarized, or were otherwise provided in ection 1 , Entrironmeratal Q �Eects Which Remar.'le Signi icant and UnavoielableAA ler Miligallon. 3.3 OVERRIDING CONSIDERATIONS The proposed action consists of the certification of the Mater Dei High School Parking Structure and School Expansion Project EIR. Analysis in the EIR for this project has concluded that the proposed project would result in aesthetic impacts that cannot be mitigated to a less than significant level. All other potentially significant adverse project impacts have been mitigated to a less than significant level based on mitigation measures in the final EIR. CEQA requires that a lead agency balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Santa Ana has determined that the significant unavoidable adverse project impacts, which would remain significant after mitigation, are acceptable and are outweighed by social, economic, and other benefits of the project. Further, the alternatives that were identified in the Statement of Facts and Findings 32 June. 2015 75D -168 (9) Mater Del High School Parldug Structure and School Expansion Project Environmental Impact Report Final EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: + The City of Santa Ana finds that all feasible mitigation treasures have been imposed to lessen project impacts to less than significant levels; and furthermore, that alternatives to the project are infeasible because while they have similar or less environmental impacts, they do not provide the benefits of the project, or are otherwise socially or economically infeasible when compared to the project, as described in the Statement of Facts and Findings. + The project would provide an ou- campus parking structure to accommodate existing and projected parlung demand under the Master Plati furAllaterDee High School. • The project would provide a new parlung structure and two -story classroom building to accommodate projected growth and increase maximum student enrollment from 2,200 students to 2,500 students. • The project would provide improvements that minim ze impacts of the proposed project on the surrounding community both on -site (screening walls, landscaping improvements, enhanced architectural treatments), and off-site (transportation improvements). • The project would result in the improvement of an existing educational /institutional facility with a long - standing history in Santa Ana, providing benefits to the surrounding community and City. Although significant impacts would remain, the City of Santa Ana would mitigate any significant adverse impacts to aesthetics /light and glare to the maximum extent practicable. In its decision to approve the project, the City has considered the project benefits to outweigh the environmental impacts. Statement of Facts and Findings 33 June 2015 75D -169 gig: This page intentionally left blank. Mates Dei High School Parldng Structure and School Expansion Project Statement of Facts and Findings 34 June 2015 75D -170 Mitigation Monitoring Program Exhibit "B" 75D -171 4.0 Mitigation MonitotIng and Reporting Program 75D -172 75D -173 �. y Mater Dei High School Parking Structure and School Expansion Project �n Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and Rebortinn Checklist, has been prepared for the Mater Del High School Parking Structure and School Expansion Project (the proposed project). This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the City of Santa Ana Mater Del High School Parking Structure and School Expansion Project file. This Mitigation Monitoring and Reporting Program (MMRP) delineates responsibilities for monitoring the project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation treasures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • The City distributes reporting forms to the appropriate entities for verification of compliance. • Departments /agencies with reporting responsibilities will review the Initial Study, Draft FIR, and Final FIR, which provide general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to the City as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Final • July 2015 75D-1 Mitigation Monitoring and Reporting Program Mater Dei High School (9) Par•dng Structure and School Expansion Project Environmental Impact Report • Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and /or conditions of permits /approvals. The following subsections of the Draft EIR contain a detailed environmental analysis of the existing conditions, project impacts (including direct and indirect, short -term, long -term, and cumulative impacts), recommended mitigation measures, and unavoidable significant impacts, if any. Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. No change will be permitted unless the MMRP continues to satisfy the requirements of Public Resources Code Section 21081.6. Final • July 2015 J 5 FF4_ 1 7 5Mitigation Monitoring and Reporting Program ov P a .q q i� o b �W a� m C.i H v taf Ur U a W O_ O- u C.; Q 'w : o o aqqc .� aq o o Jg a'd o pGp ° a o rU V W � d d w w O •y..p ... \- u O O O : q: • � pup I CC v G f/L o b 'P N a'd Y O v L' �dAji U C qW w o ,- wA o .� v aq. � 'P � a C •o � 0 � �'� e.� u u �. •�.�bvaP�idP �.bbao wb U H 75D -176 N a w ova o u � O paa b G Q DC ~❑ U W dl �O Gq O b �w U i-I l` C F` k i f U R Q: ; z o v F+ � Hy H A -G0 f+ q r0 y H AAA p .ni"S u ? 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" �qo�Ea ..a. .0 O a .� 'LY V �'.0 .y� awed m u 'b Q v N a� ca�v q G _R •R M a w .Y' "Yi u O y 'F] vV) O v rr.p cl v O, p mid O v by ui 0 b Ou wGow.a�v�,��r00 'o oC syu pO gRw.v' e o. u O O v d . ¢ °z �z 75D -178 a 0 N ti w A ,av a u , u v' q Fri � o � Q W ro o 0 b �W V 4 c: wbi�• �o t^ P U O a O F C m G a ' eu F: ,q �a F � N 5z u o M O W W q y P O u O. �JN O p � N L k O q P.oA b E v ti 41 U U Lo cNVJ � O v 0.Y 0. tl'U d .� B O g w u a z O ' � b � is Z p 0 'O � :� P a� � OC .uu 0.0 '� Q' C ^ u A U 0 o O W O� O � v O A u 'd O'O O a.g bA p O GSA q�'O m N Q R� ii JA A d C 9 ;; v 0. "y L O q'4 75D -179 O N ti w q " p o u N Pr Pi q « � o U vw � � o ,u o p o b �W 8 U P. s,R x ^a U OE a U - W O O u La w � a' F au � «:q Fs �s 'N e� G 0 ^ a, Gw G O qq �CC O'N O Q� :0 0Op a C IItl �w "" A P d °�.o .v. S r °bC -O O Q hAL 'El 00 Cro F�OJti 'd 'OVO00'v0 °��v °��O��y VZ�y��O�p •n 3 �z 75D -180 v 0 N ti w k \/ \ \/ \/s )/§ ±)7; \ { 75D.181 \ \ � ~/ � \ � ) � $ � \ � \ � \ � { \\ } }\ \) «\0 a[,« z ;2z»): ƒ � ƒ \ 75D.181 \ 75D -182 EXHIBIT C ROH - 03115/16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, A CALIFORNIA NON - PROFIT CORPORATION, FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT LOCATED AT 1202 WEST EDINGER AVENUE 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. On August 21, 1995, the Diocese of Orange Education and Welfare Corporation ( "Developer") and the City of Santa Ana ( "City ") entered into a Development Agreement to facilitate the physical expansion and improvement of an existing private secondary school on that certain property generally located on the west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue, and east of Bristol Street, as approved by Santa Ana City Council Ordinance No. NS -2260. B. On June 21, 1999, the Developer and City entered into an Amendment to Development Agreement to reflect various changes in the development standards applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS- 2389. C. The Developer is proposing to expand upon the operations of the existing Mater Del High School campus by constructing a three level, 990 -space parking structure, as well as proposing to demolish two older classroom buildings and construct a new two - story classroom building in the central section of the campus ( "Project ") located at 1202 West Edinger Avenue within the City. D. The parties to the Development Agreement now desire to further amend for a second time and completely restate said Development Agreement to reflect these various changes in the development of the Project. E. The City enters into this Second Amended and Restated Development Agreement pursuant to the provisions of the Government Code and applicable City Ordinance No. NS -XXX Page 1 of 4 75D -183 policies, Specifically, the City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with entities having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process, F. Entering into this Second Amended and Restated Development Agreement would provide the City with benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Developer to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. G. The Project and the use that the Developer 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 Amended and Restated 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. H. The Planning Commission has, following a duly noticed public hearing, on July 13, 2015, recommended approval of a second amendment to the Development Agreement. 1. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. J. Additionally, Final Environmental Impact Report No. 2013 -01 and Mitigation Monitoring Program have been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. K. The proposed Project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated March 15, 2016, together with all supporting documents and exhibits, which are incorporated herein by this reference. L. The Developer agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Second Amended and Restated Development Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, and the City Manager and Clerk of the Council are authorized Ordinance No. NS -XXX Page 2 of 4 75D -184 to execute it on behaff 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 Amended and Restated Development Agreement to be recorded with the County Recorder's Office. Section 3. This ordinance shall not be effective unless and until Resolution No. 2016- . is adopted and becomes effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect, Section 4. if any section, subsection, sentence, clause, phrase or portion of this ordinance is forany reason held to be invalid orunconstitutional by the decision of anycourt of competent jurisdiction, such decision shall not affectthe 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 2016. APPROVED AS TO FORM: Sonia R. Carvatho City Attorney Miguel A. Pulido Mayor 75D -185 Ordinance No. NS -XXX Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. NUIZAR, 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 75D -186 Ordinance No. NS -XXX Page 4 of 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Exhibit A Recorded in the County of Orange, California THIS SPACE ABOVE FOR RECORDER'S USE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Second Amendment ") is entered into this _ day of 2016, by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the laws of the State of California ( "City "), and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non - profit corporation ( "Developer "). RECITALS A. Developer and City entered into a Development Agreement (the "Development Agreement ") dated August 21, 1995 and recorded August 26, 1995 as Instrument No. 19950419668 in the Official Records of Orange County, California (the "Official Records ") to facilitate the physical expansion and improvement of an existing private secondary school (the "Project ") on that certain property generally located on the west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue, and east of Bristol Street (the "Property "), as approved by Santa Ana City Council Ordinance No. NS -2260. B. Developer and City entered into an Amendment to Development Agreement dated July 19, 1999 and recorded August 17, 1999 as Instrument No. 19990599190 in the Official Records (the "First Amendment ") to reflect various changes in the development standards applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS -2389. C. Government Code § 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement. City and Developer desire to enter into this Second Amendment in order to facilitate an increase in student population, expansion of school classroom facilities, construction ofa parking structure, and for general athletic uses and activities on parcels to be acquired by Developer. D. The new development added by this Second Amendment is to be located on the additional parcels proposed to be acquired by Developer, which are shown collectively as Additional Parcel No. 4 on Exhibit 1 attached hereto and incorporated herein by this reference. Additional Parcel No. 4 shall be considered as an "Additional Parcel" and as part of the "Property" as those terms are defiled herein. The parcels comprising Additional Parcel No. 4 are owned by several different owners. -1- 75D -187 E. The terms and conditions of this Second Amendment have been found by the City Council to be fair, just and reasonable, and City has concluded that the purpose of the development of the Property as described herein (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 Second Amendment. The City and Developer intend that this Second Amendment shall restate and supersede in their entirety the Development Agreement and the. First Amendment. NOW, THEREFORE, in consideration of the foregoing Recitals, and the mutual covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the panties hereto agree as follows: Application. As used herein, the "Original Parcel" means that certain property owned by Developer and identified as the "Original Parcel" in Exhibit A (and legally described in Exhibit B) to the Development Agreement. This Second Amendment pertains initially to the Original Parcel and Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and processes all necessary Street Vacations, Lot Merger and/or Tract Map, Zoning Amendment Application and General Plan Amendment, as applicable, to match the zoning on the Original Parcel with the Additional Parcels is processed by City. It is intended that no further or additional action be necessary by either party hereto to make this Second Amendment effective as to such property. 2. Term. (a) The 'Effective Date" of this Second Amendment shall be the effective date of the ordinance adopted by City approving same after it is submitted to the City Council for approval. City and Developer shall finalize and execute this Second Amendment after it has been approved by the City Council. (b) The term of this Second Amendment (the "Term ") shall be twenty -five (25) years from the Effective Date, subject to earlier termination as hereinafter provided. Unless otherwise specified, the obligations herein and the rights herein shall remain in fall force and effect throughout the Term. (c) City may terminate this Second Amendment prior to expiration of the Tern if Developer fails to perform its obligations under this Second Amendment, subject to the requirements of Section 13 hereof. 3. Permitted Use of the Property. The parties agree that the use of the Property as a private secondary school offering general, technical, vocational and college preparatory education to students in grades 9 through 12 is a permitted use of the Property, subject to the right of City to enforce all laws which do not conflict with the rights of Developer under this Second Amendment. In addition, a permitted use of Additional Parcel Nos. I and 2 is a parking lot use and a pen ritted use of Additional Parcel No. 3 is an office or classroom use, provided such office or classroom use is carried on exclusively in conjunction with the school on the Original Parcel. In addition, a permitted use of -2- 75D -188 Additional Parcel No. 4 is a parking structure with a possible phasing in or surface parking prior to the construction of the parking structure, provided such uses are carded on exclusively in conjunction with the school on the Original Parcel. 4. Special Development Standards, The following standards shall apply to the Development notwithstanding anything to the contrary in the land use and development plans and regulations of City as they currently exist or may be hereinafter amended; (a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,500 at any one time. (b) Maximum height of buildings: No building on the Property shall exceed 50 feet in height within 100 feet of residential property, or 75 feet otherwise. (c) Maximum size of buildings: The aggregate floor area of all buildings (excluding the parking stricture) on the Property shall not exceed 267,146 square feet to allow for the construction of a new 55,410 square foot Performing Arts Center (in place of the original gymnasium) and a new two -story academic building (to partially replace a number of the original classroom buildings) such that the total aggregate square footage of those classroom buildings other than the academics /science building does not exceed 79,040 square feet. Currently, the site contains 78,639 square feet of original classroom buildings (6 buildings), a 5,000 square foot chapel center, a 13,681 square foot student services building, a 53,426 square foot academics /science building, the 21,320 square foot original gymnasium, a 52,721 square foot athletic complex, a 1,182 square foot locker building for baseball, a 2,879 square foot maintenance building and a 3,807 square foot aquatics center building. (d) A minimum of 200 parking spaces shall be maintained onsite. (e) A minimum 15 foot landscaped setback shall be maintained along all public right -of- -way, except where existing structures encroach at the bus turn out on Edinger Avenue and where parking is between Bristol Street and the performing arts building per the master plan. (f) A minimum 5 foot landscaped setback shall be maintained along all interior property lines. (g) Fire protection systems and fire lanes shall be provided to the satisfaction of the Eire Marshall. (h) Site access shall be from Bristol Street, Edinger Avenue and at the intersection of St. Andrew Place and Baker Street and emergency vehicle access at Pomona Street and Stanford Street as shown on Exhibits 2, 3, 4, 5, and 6 attached hereto and incorporated herein by this reference. (i) On -site circulation shall meet minimum City Standard of23 -foot aisle width, 24 -foot radius turn- around area for passenger vehicles (40 -foot radius for buses and -3- 75D -189 trucks), continuous forward movement of passenger vehicles, 60 -foot entry throats and no less than 8 %2 x 18 foot parking stall sizes. 0) A minimum 35 foot on -site student drop -off zone shall be provided. (k) Perimeter limited access gates may be constructed provided that they are open during all business /school hours, visible to the street when closed, and located no closer than 20 feet from the street right-of-way. Access gates shall maintain a 60 foot setback from Edinger and a 20 -foot setback from Berkeley and St. Andrew Place. (1) Parking lots shall be landscaped with 150 square foot minimum planters at the end of rows of parking. (in) An 8 -foot high masonry wall, as measured from the adjacent grade, shall be provided along the east property line abutting residential. (n) Ornamental iron or similar fencing, such as painted tubular steel or aluminum, shall be used if fencing is provided around the campus buildings along Edinger and Bristol Streets. Chain link may be utilized at athletic fields. (o) The Building Security Regulations (S.A.M.C. Chapter 8, Article 2, Division 3) are applicable only to new buildings and remodels exceeding 50% of the value of the existing building or structure. These regulations do not apply to unopenable windows or mechanical shafts that are not accessible. Waiver requests from these regulations will be considered as each building is being reviewed in Building Division plan check. On -site manned security shall be a consideration in evaluating waiver requests. (p) City will conduct architectural review as a component of the Development Project Plan Review process as to: • Architectural compatibility to the site and area; • Architectural treatment on all sides of buildings; • Architectural finishes, materials and colors; and • Compliance with general architectural design standards applied citywide. However, City will not mandate a particular architectural style (i.e. mission, post modern, cape cod) on the Project. (q) Developer shall install parking lot lighting for security purposes as required by City. (r) Developer shall maintain an on -site circulation management program -4- 75D -190 (s) Developer grants to City the authority to remove graffiti on any block wall facing a public street upon reasonable notice to Developer. General Development Standards Except as otherwise provided in Sections 4 and 6 of this Second Amendment, City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of City establishing design, density, improvement and construction standards which are in effect as of the Effective Date of this Second Amendment shall govern the Development during the Tenn; provided, however, that development standards as revised after the Effective Date of this Second Amendment may be applied to the Development with the mutual consent of Developer and City's Planning Manager. Additionally, all proposed improvements must conform to all Site Plan Review approvals for the Project. 6. Non - vested City Laws and Regulations (a) Developer and all persons and entities in occupancy of any portion of the Property shall comply with all City laws and regulations which do not conflict with the use and development of the Property pursuant to Sections 3 and 4 of this Second Amendment} as such City laws and regulations may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, use and development shall comply with the following types of City laws and regulations as they may from time to time be enacted or amended hereafter: (i) Taxes, assessments, fees and charges; provided, however, that the collection of certain development fees shall be governed by subsection (b) of this Section 6. (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes 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 of general city -wide application, (b) The Transportation System Improvement Fee (currently established by S.A.M.C. § 8 -44), the Drainage Area Fee (currently established by S.A.M.C. §§ 34 -191 et seq.) and the Sewer Connection Fee (currently established by S.A.M.C. § 39 -53) shall be paid by Developer in the rates in effect at the time payment is due. however, the calculation and collection of such fees shall be governed by the following principles; (il Transportation System Improvement Fee: Payment shall be due prior to issuance of building permits, -5- 75D -191 The fee will not be applied to the remodel or rehabilitation of existing buildings, Credit will be given for the demolition of any existing structure pursuant to Santa Ana Municipal Code § 8 -44. (ii) Drainage Area Fee: Payment will be due prior to the issuance of a building permit. A 12 -acre credit will be given for previous fees paid for the Property, (iii) Sewer Connection Fee: Payment shall be due prior to issuance of building permits. Credit will be given for fixture writs removed due to the demolition of any structure. No fee shall be collected for the rehabilitation or remodel of a building unless there is a net increase in the number of fixture units. The parties also understand that City currently collects a fee on behalf of the Orange County Sanitation District and that such district determines the rules for collection, and for determining the amount, of that fee. City shall not impose any fee on Developer for the construction of street medians. Dedications and Street lmnrovements (a) Dedication of a 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian Plaza as identified on the Site Plan. Prior to the issuance of a certificate of occupancy for any new building on the Property, Developer shall make the dedication described in subsection 7(a), above, and shall complete the improvements listed in subsection 7(b). (b) Parking Structure and Additional Athletic Space to be completed by Developer at Developer's sole cost and expense: (i) Installation of a traffic signal and crosswalk at Bristol Street and St. Andrew Place, plus a dedicated right -tam lane along westbound St. Andrew Place at Bristol Street; -6- 75D -192 (ii) Completion of abandonment and associated utility relocations for Balser Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley; (iii) Completion of drainage improvements and storm drains; (iv) Modification of a four -way stop at the intersection of St. Andrew Place and Balser Street; and (v) Updated left -turn signal timing at the Edinger Avenue and Monarch Way intersection for entry into the Mater Dei campus. 5. Site and Development Plan. It is agreed by the parties hereto that the Site and Development Plan conforms to the development standards established for the Property by this Second Amendment. It is understood, however, that said Site and Development Plan is conceptual only, and that nothing herein shall be construed to require that the development of the Property be in accordance with the Site and Development Plan, provided the development of the Property is otherwise consistent with the development standards established by this Second Amendment. It is recognized that there may be changes in the Site and Development Plan and any such changes in the Site and Development Plan that are in substantial conformance with the development standards established for the Property by this Second Amendment shall be approved by City. Ftwther, nothing herein shall be construed: (i) to relieve Developer from obtaining development project plan approval pursuant to Sections 41 -665 et seq. of the Santa Ana Municipal Code, whether the proposed development of the Property is in accordance with the Site and Development Plan or not, or (ii) to prohibit City from imposing reasonable conditions on such development project plan approval consistent with the development standards established by this Second Amendment; provided however no such review shall authorize or permit City to impose any condition or withhold approval to any proposed building or plan modification, the result of which would be inconsistent with any provisions of this Second Amendment. Developer, through oversight and management, shall use its best efforts to assure that staff and students attending the school on the Property fill on -site parking spaces first, parking spaces in the City lot referenced in subsection 12(b) hereof second, other available off - street parking facilities third, and on- street parking last. Developer shall also use its best efforts to promote vehicle trip - reduction practices. Developer is exempt from other city requirements concerning parking management and trip reduction. 9. 'Vesting of Development Rights. As a material inducement to Developer to continue with diligent efforts to promote the development of the Property, City desires to cause all development rights which may be required to develop the Property to completion, consistent with this Second Amendment, to be deemed vested in Developer for the benefit of the Property, as of the time specified in Section 1 of this Second Amendment, to the greatest extent permitted by law, and to be free of all (i) discretionary rights of City or any other person, entity or governmental agency, other than those required in -7- 75D -193 connection with Street Vacations, Lot Merger and /or Tract Map, Zoning Amendment Application and General Plan Amendment discussed in Sections 1 and 11 hereof, and (ii) any subsequent building moratoriums, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Second Amendment. Notwithstanding the foregoing, nothing set forth in this Second Amendment shall be deemed to require Developer to commence or complete the Development. In accordance with the terns of Government Code Section 65866, City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of City in effect as of the date of this Second Amendment governing the design, density, permitted land uses, improvement and construction standards applicable to the Development (collectively, the "Existing Development Regulations ") shall govern during the Term. City shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of City's Planning Manager and Developer. Except as otherwise provided in this Second Amendment, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of City's Planning Manager and Developer, whether adopted or approved by the City Council or any office, board, commission or other agency of City, or by the people of City through charter amendment, referendum or initiative measure or other vote, shall be effective or enforceable by City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule or development, 10. Environmental Compliance. The Environmental Impact Report for the Development is incorporated herein by reference as though fully set forth at length. City and Developer acknowledge that to the extent that said document identifies certain mitigation measures applicable to the Development, Developer agrees to implement the various mitigation measures recommended to be implemented by Developer pursuant to said document, provided that Developer proceeds with the Development and commences construction. City agrees to implement the various mitigation measures recommended to be implemented by City pursuant to said docurent, provided that Developer proceeds with the Development and commences construction, 11. Street Vacations. Developer shall submit an application and City shall hold a public hearing to consider whether to adopt a resolution vacating City's right of way easements over Balser Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are included on or about Additional Parcel No. 4, as shown in Exhibit 8 attached hereto and incorporated herein by this reference. Such resolution shall not be adopted prior to .Developer having acquired title to all the parcels that collectively comprisc Additional Parcel No. 4, and may include conditions which must be fulfilled prior to the vacation becoming effective, including, but not limited to, Developer compensating City for the fair market value of the street right of way to be vacated. If said vacation resolution is approved, Developer shall prepare plans for and remove street improvements from the vacated streets, relocate utilities anal construct public drainage -8- 75D -194 improvements in the area of any drainage easement granted to City by Developer pursuant to Section 7 of this Second Amendment, in accordance with the following terns and conditions: (1) The traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel No. 4, acceptable to the Public Works Agency. (2) Said street removal, utility and drainage improvement work shall be completed by Developer prior to the date occurring two (2) years after the date on which City has adopted the resolution vacating the right of way casements. (3) Developer shall be responsible for plan preparation, removal and /or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this section, without cost to City. If, at the design development stage, City determines that street lights are required as a result of the termination of Berkeley Street or Occidental Street, Developer shall design and install the street lights within the context of standard spacing requirements utilized citywide. (4) Once all required street vacations are completed, the Additional Parcels shall be merged with the Original Parcel into a single new parcel by means of a lot consolidation process. Developer shall file, process and record the lot consolidation. The consolidation shall be completed prior to the issuance of a building permit. (5) City shall retain existing utility easements within the former street rights- of-way abandoned for the Project, where necessary as determined by the Public Works Agency. The Developer shall hold, City harmless against damages and all other claims resulting from the condition of City utilities. (6) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be stonn drains and surface drainage facilities as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as approved by the Public Works Agency. Developer may install an underground piped drainage system within school property. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage. (7) Developer shall relocate any utility poles and guy wires that interfere with the Project located between Berkeley Street and Occidental Street as shown on Exhibit 10 attached hereto and incorporated herein by this reference. Off -site Parking Mitigation (b) The parties hereto acknowledge mid agree that the students attending the school park their automobiles on the local streets in neighboring residential areas, The parties have worked to jointly mitigate the student parking problem that would exist unless mitigated by the provision of additional off - street parking areas, Specifically, the parties have already undertaken the off - street parking mitigation measures set forth in subsections (b) and (c) of this Section. 12. -9- 75D -195 (c) In the year 2000, City constructed a public parking lot on the east side of Bristol Street north of Edinger Avenue as part of its Bristol Street widening project. The parking lot contains approximately 240 parking spaces. City shall not impose any charge for parking at the parking lot. (d) In the year 1999, Developer acquired Additional Parcel Nos. 1, 2, and 3 for use and improvement as a parking area for students attending the school as shown on the Site and Development Plan, At Developer's expense, Developer removed the improvements previously located on Additional Parcel No. 3 within one (1) year after the conveyance of Additional Parcel No, 3 to Developer. Developer may use the area for other school uses including offices and classrooms if a substitute parking area for students having an equal parking capacity is provided elsewhere, either on the Property or on other property in the vicinity of the Property which either is owned by Developer or is subject to an easement or covenant which allows its use for parking appurtenant to the school on the Property. 12. Default and Remedies (a) Developer shall be in default under this Second Amendment upon the happening of one or more of the following events or conditions: G) If a material warranty, representation or statement made or furnished by Developer to City is false or proves to have been false in any material respect when it was made; (ii) A finding and determination by the City Council made following a periodic review under Government Code Section 65865.1 that upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Second Amendment; or (iii) An express repudiation, refusal or renunciation of this Second Amendment, if the same is in writing and signed by Developer. (b) City shall be in default under this Second Amendment if it shall: (i) fail to comply in good faith with the requirements hereof regarding the permitted development standards and uses specified herein, or City's obligations under Section 12 hereof; or (ii) expressly repudiate, refuse or renounce this Second Amendment in writing. (c) Notwithstanding any provision of this Second Amendment to the contrary, except for Developer's default under subsection 13(a)(iii), above, Developer shall not be deemed to be in default under this Second Amendment, and City may not terminate Developer's rights under this Second Amendment, unless City shall have first delivered a written notice of -any alleged default to Developer, which shall specify the nature of such default. Except for Developer's default under subsection 13 (a)(iii), if such default is not cured by Developer within -10- 75D -196 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 sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, City may tenninate Developer's rights under this Second Amendment. Upon the occurrence of a default by City, as described in subsection 13(b)(i), Developer may give written notice to City specifying the nature of such default, If City has not cured such default within (90) days of such notice, an event of default by City shall be deemed to have occurred. The occurrence of a default by City under section 13(b)(ii), above shall, at the option of Developer, and upon written notice to City, immediately constitute an event of default by City. (d) In the event a breach of this Second Amendment occurs, irreparable harm is likely to occur to the nonbreaching party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Second Amendment is a proper and desirable remedy, (e) In no event shall either party be entitled to damages against the other party based on the other party's default under this Second Amendment, 13. Amendment or Cancellation Except as otherwise provided for herein, this Second Amendment may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code Sections 65865.1, 65867, 65867.5 and 65867. 14. Enforeement Unless amended or canceled as provided in Section 14, this Second Amendment shall continue to be enforceable by any party to it, notwithstanding any change or other regulations adopted by City which alter or amend the rules, regulations or policies applicable to the Development. 15, Suppression of Agreement by Changes in State or Federal Law or by Judicial Decision In the event that state or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi - governmental entity are enacted after the Effective Date of this Second Amendment, or the action or inaction of any other affected governmental jurisdiction or any judicial decision prevents or precludes compliance with one or more provisions of this Second Amendment, or imposes a requirement on the Development materially different than as otherwise contemplated by this Second Amendment, or requires changes in plans, maps or permits approved by City or changes in the development standards set forth in this Second Amendment, the parties shall: (a) Provide the other party with written notice of such restriction, together with a copy of the applicable lacy, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of this Second Amendment; and -11- 75D -197 (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Second Amendment to comply with such law, ordinance, rule, policy or regulation or judicial decision. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, Mile, policy or regulation upon this Second Amendment, the matter shall be scheduled for a bearing before the City Council upon thirty (30) days notice, for the purposes of determining the exact modification or suspension which is required by such law, ordinance, rule, policy, regulation or judicial decision. It is the express intent of the parties to modify this Second Amendment to allow for the development of the Development in as close conformity to the terms and conditions of this Second Amendment as reasonably possible, Nothing herein shall preclude Developer from challenging the conflicting law, rile, regulation or policy. 16. Mortgagees In the event City receives written notice from any institutional lender or pension trust (a "Mortgagee ") that it has obtained a deed of trust or mortgage on all or any portion of the Property (a "Mortgage "), together with a copy thereof, City agrees as follows: (a) City shall mail, first- class, postage prepaid, to each Mortgagee a copy of any notice given to Developer concurrently with the giving of such notice to Developer, If Developer fails to cure such default within the period allowed in this Second Amendment, City shall give another written notice to each Mortgagee of such failure. (b) City shall not terminate or cancel this Second Amendment (i) if any Mortgagee has cured any default curable by payment of money within thirty (30) days of notice, or (ii) if a non - monetary default, any Mortgagee has commenced, in good faith, to cure such non - monetary default and diligently proceeds to cure such non - monetary default within a reasonable time, A default shall be deemed cured by the giving of a written agreement by any Mortgagee or by any purchaser of the Property upon a foreclosure of a Mortgage or by a transfer by deed in lieu of foreclosure (herein, a "Purchaser ") to continue to be bound by the terms of this Second Amendment. (c) City shall accept the performance of any such Mortgagee or Purchaser as if such performance were rendered by Developer, Each Mortgagee and each such Purchaser shall have the right but not the obligation, to remedy any defaults of Developer within the time specified herein. No Mortgagee or Purchaser shall have any liability under this Second Amendment except for acts or events which occur while such Mortgagee or Purchaser holds title to the Property or portion thereof. (d) The provisions of this Section 17 are solely for the benefit of Mortgagees and Purchasers and shall not otherwise impair any rights of City against Developer. (e) No default or event of default hereumder by Developer shall defeat, impair or render invalid the lien of any Mortgage made in good faith and for value as to the Development or any portion thereof, (f) City, by resolution of the City Council, may modify or add to the provisions of this Section 17 at the request of any institutional lender or pension trust providing -12- 75D -198 financings so long as such requested modifications or additions pertain only to the rights of a Mortgagee or Purchaser hereunder and are not otherwise inconsistent with the terms of this Second Amendment, 17, Relationship of the Parties It is hereby specifically understood and acknowledged that the Development is a private project and that neither City nor Developer will be deemed to be the agent of the other for any purposes whatsoever. 18. Notices. Any notice of instrument required to be given or delivered to either party to this Second Amendment may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Attention: Hassan Haghani, Executive Director, PBA Developer: Diocese of Orange 13280 Chapman Avenue Garden Cnove, California 92840 Attention: Bill Milligan, Director of Real Estate Notice of a 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, 19. Severability If any tern, provision, condition, or covenant of this Second Amendment, or the application thereof to any part or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such tern, provision, condition or covenant 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 tern and provision of this Second Amendment shall be valid and enforceable to the fullest extent permitted by law. 20. Entire Agreement. This Second Amendment and the Exhibits attached hereto contain the entire agreement between the parties, and is intended by the parties to completely state this Second Amendment in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Second Amendment, is null and void. 43- 75D -199 21. Exhibits Alt exhibits to the Second Amendment are attached hereto and incorporated herein as if fully set forth herein, and in the event of any duplicative numbered or lettered exhibits, all exhibits to this Second Amendment shall supersede and replace any previous exhibits. 22. Hold Harmless Developer agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of Developer or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relate to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Second Amendment. Developer agrees to pay all costs for the defense of City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Developer's actions in connection with the Project, any claims arising out of this Second Amendment, or any approval or certification by City relating to the Project. This hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in Section 11.5 or due by reason of the terms of, or effects; arising from, this Second Amendment or any approval or certification by City relating to the Project, regardless of whether or not City prepared, supplied or approved this Second Amendment, plans or specifications, or both, for the Project. Developer further agrees to indemnify, hold harmless, and pay all costs for the defense of City, including fees and costs for special counsel to be selected by City, regarding any action by a third party challenging the validity of this Second Amendment or any approval or certification by City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Second Amendment, Cityrmay make all reasonable decisions with respect to its representation in any legal proceeding. 23. This Second Amendment may be executed in counterparts which, when both of the parties hereto have signed this Second Amendment, shall constitute an original. 24. The Development Agreement, originally adopted on August 21, 1995, as amended by the First Amendment, and as further amended and completely restated in its entirety by this Second Amendment, is hereby accepted by City and Developer, and it will be administered in the State of California, and its validity, construction, and all rights thereunder shall be governed by the laws of such state. -14- 75D -200 IN WITNESS WHEREOF, this Second Amended and Restated Development Agreement has been executed by the Parties hereto on the day and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: RECOMMENDED FOR APPROVAL: HASSANHAGHANI Executive Director — PBA C[TY OF SANTA ANA DAVID CAVAZOS City Manager THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION U1 -15- 75D-201 Reverend G. Sallot, its Vicar General MORTGAGEE'S CONSENT This Mortgagee's Consent is executed by the undersigned Farmers & Merchants Bank of Long Beach ( "Lender ") as the current beneficiary of record under that certain Deed of Trust encumbering the Property and recorded December 17, 2010 as Instrument No. 2010000682344 in the Official Records of Orange County, California (as amended, the "Deed of Trust "), The Lender has reviewed the foregoing Second Amended and Restated Development Agreement (the "Second Amendment "), and hereby consents to the terns and conditions of the Second Amendment. Capitalized terms used and not otherwise defined in this Mortgagee's Consent shall have the meanings set forth in the Second Amendment. FARMERS & MERCHANTS BANIZ OF LONG BEACH, a By: [Printed Name and Title] By: [Printed Name and Title] -16- 75D -202 ST. qmm C © < =. {� _ STREETS T BE ABANOONED MATER _. _e , All PARCELS FOR A r6!< L NO ; EXHIBIT q- 75D- O2 t � EXHIBIT urya 75D -204 m ziri LLJ fl zo p 0 ZLAJ 1 m m Z -0 ,6 I L a a 133NIS b3AV8 CORNER CUTOFF EXHIBIT 2'311 ENTRANCE TO PARKING LOT ON EDINGER AVENUE SCALE V = 40' 75D-205 15'X 16 CLEAR SIGHT TRIANGLES EXHIBIT "411 75D -206 / 20' DRAINAGE AND U' DRAIN CULVERT 6' MASONRY WALL FLY PROPERTY LINE ADDITIONAL PARCELS EX 14 1,2,&3 riLITY EASEMENT 60' DRAINAGE AND UTILITY AND EMERGENCY ACCESS EASEMENT ov S° LANDSCAPE AREA 2D' EMERGENCY ACCEVI GATE W/KNOX BOX AND DWY DRIVEWAY WITH 4* CIF I in tu 4' 8' 12' cn EMERGENCY ACCESS DETAIL OMONA STREET SCALE: 1* • 20' EXH181T 115" 75D-207 Sit' DRAINAGE AND UTILITY EASEMENT $D' DRAINAGE AND UTILITY AND T� EMERGENCY ACCESS EASEMENT 1 DRAIN CULVERT F LANDSCAPE AREA V MASONRY WALL ',EMERGENCY ACCES GATE WJKNDX BOX AND DRIVEWAY WITH A" ,CF 31' EXIST DIYY at, I SEXIST DWY 1 Y E'LY PROPERTY LINE ADDITIONAL PARCELS 1,2. &3 s W I " 1a' ts" 12 . EMERGENCY ACCESS PETAL, STANFORD STREET SCALE 1' = 20' EXHIBIT 01691 75D -208 BERK_E El' UTILITY EASEMENT SCALE. NTS EXHIBIT av7vr 75D -209 i 11 V. SAINT ;F I'M PL Ac _P r "R!, I y� I 11 j :605L TJRL ST�csw„uzal ' R I 0 I Jft�plhN[ - oL ABANDON OCCIDENTAL > '` GfTYDFEANTAAIA SHALL :9 STREIS P LEY REMOYEANO RELOCATE ALL I STRffTS FRDM{iEW POBLIC ktS1LITIESLOMTED PFtppJ =^RTY LIME 4A a�^ p E9REBT�9RAATARe ii BAKER STREET '�� AEAxoDNEO Iva 2 ABANDON BAKER I STREET FROM ST. ANDREW PLACE > i �¢ is n 2 L h BERK� @tKY ST `i + c CITY'S VACATION AND ABANDONMENT OF EASEMENT OVER BAKER, BERKELEY AND OCCIDENTAL SCALE: NTS EXHIBIT: "8" 75D -210 s mee c N �.3 se y ? ld �. r, nL to mll 9 XjS <- ----------------------- T -_ -- - -- hA' - BO �� ♦" t His ^ � lip, .> > i056WFW'AEifl'A!@Y µ � {� m ant Ita CURB AND GUTTER II1STALLED ON ss EXTERIOR PERIMEMTEft --- DF BIaKE[<..ST1LEU,.__�_ �.. Al i URB IMSTALLEOw og 8E' ON 1NTERICR� PERIMETER OFx f3! i .BAKER STREETS xs 8 CURB AND GUTTER � INSTALLED ON EXTERIOR flry F� PERWE,MTER OF BE�T,aSELEY _ I�* " I BAKER STREET — fl S'MOP To WE g mn xan M "� {" {9 a r r^�is —FIRE r5 i- DRAINAGE IMPROVEMENTS SOLE: NTS vri 1 01919 MSTIN RESIMNNCE 5' 34' UTIL. o'e i,T1.1MIA FIRE LANE F 91 nmra PPa1RKKING CAMGE I i0' Cllr THROuc 4 0DULAR WE NOS ABOVE 1HRCUGH CURB GRADE PLANTER BORES (OR APPROVAB SEE _ _ I oErAiL ABOVE, �, 60 x100 CONCRETE NO 6' CURBvy f CHANNEL FOR LOW FLOW u DRAINAGE FROM OFF —STE AC PAVEMENT W, OCCIDENTAL ST. WTH T= 03' /hr EXHIBIT '19A). 7501-212 s ST ANDREW PLAC AM RELOCATION OF UTILITY POLES BE' BERKELEY AND OCCIDENTAL SCALE: NTS EXHIBIT •'1Q"' 75D -2163 CITY SHALL RELOCATE THE FOUR UTILITY POLES AND° GUY WIRES D LOCATED B ETWEEN BERKELEY STREET AND OC C :DENTAL STREET AS SHOWN,,, 75D -214