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HomeMy WebLinkAboutNS-2364 - Approving an Amendment to the Development Agreement Between the City of Santa Ana and Discovery Science Center238 ORDINANCE NO. NS- 2 3 6 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROViNG AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DISCOVERY SCIENCE CENTER. WHEREAS, this Council adopted Ordinance No. NS-2320, on May 5, 1997, adopting a Development Agreement ("Agreement") between the Discovery Science Center, a California Non- profit Corporation (Developer) and the City of Santa Ana ("City") to develop a science museum and discovery center (the "Project") on that certain property generally located on the west side of Main Street, north of the I-5 Santa Ana Freeway right of way and south of Santiago Creek (the "Property"); and, WHEREAS, the parties to the Agreement now desire to amend said agreement to reflect a change in the permitted land uses applicable to the Project; and WHEREAS, this Council, prior to taking action on this ordinance, has held a duly noticed public hearing, on said Amendment to the Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 1. That certain Amendment to the Development Agreement between the City of Santa Ana and Discovery Science Center, dated July 20, 1998, is hereby approved, 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. 2. The Clerk of the Council is directed to cause a copy of the Amendment to the Development Agreement to be recorded in the official records of Orange County, California, within ten days following its effective date. As useqherein effective date means the date thirty days after the date of adoption of this ordinance. :,239 ADOPTED this 3rd dayof ATI'EST: City Clerk August, 1998. CITY OFS/gNTA ANA COUNCILMEMBERS: Miguel Pulido Ab s e n t Rob Richardson Aye Tony Espinosa Ah~ont Brett Franklin Aye Tom Lutz Aye Pat McGuigan Aye Ted Moreno Aye APPROVED AS TO FORM: Ordinance No. NS-2364 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. ~ to be the original ordinance adopted by the City Council of the City of Santa Ana on ~o/z3 /~ ~ ; and that said ordinance was published in accordance with the Charter of thd City'of Santa Ana. Date: ~fsthan~°~::~'a~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Aha 20 Civic Center Pl~Ta Santa Aha, Ca. 92702 ATTN: Clerk of the Council ~ecoraeo sn ~ne county of orange, Gary L. Granville, Clerk/Recorder 1999ee55323 2:22m 01/26/99 eO5 2~t8897 2~ 63 R17 47 6,eO t38,$~ e.oe e.ee e.eo DEVELOPMENT AGREEMENT AMENDMBNT THIS AMENDMENTis made and entered into this 20th day of July, 1998, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and DISCOVERY MUSUEM OF ORANGE COUNTY, a California non-profit corporation ("DEVELOPER"),in reference to that certain DEVELOPMENT AGREEMENT betw_,een theparties herc~o.dated May_5.~_ 1997,(the "DevelopmentAgreement"). 0,~, Gm.,~_ ,~Fpt T. /'.~t'at<O~'dO'~' 9/f/~'Y a.~ ~1~ :~v~e.~ ~= ~v '- ~'~'~ WITNESSETH A. Property Affected by this Agreement This Amendment pertains to the Property as described in Exhibit "A". B. Permitted Develonment/Phasin- Section 4 of the Development Agreement is hereby amended to read as follows: I1- 4. Permitted Development/Phasing As the material consideration for the granting of the vested rights under this Agreement by the City, the Developer agrees to construct on the Property the particular development described in Exhibit C- 1 (the "Development"). As to Phase I of the Development, all applications to be submitted, and all construction to be carried out, shall be in accordance with Specific DevelopmentNo. 65, City of Santa Ana Development Plan DP96-27 and VarianceNo. 97- 03. As to Phase II of the Development, for which no precise site plan or Development Plan has been submitted by the Developer, submittals therefor shall substantially conform to Phase II as described in Exhibit C, except that Developer may, at its sole option, delete the "theme" cube from the Project. If Developer submits applications for any use of the Property other than one that complies in alt material aspects to Specific DevelopmentNo. 65, DP96-27 and Exhibit C~I (subject to Developer's right to delete the cube, this Agreement shall terminate and all development shall be subject to codes and standards in effect at that time. Effect of Amendment Exhibit C-1 to this Amendment shall supercede and replace Exhibit C to the Development Agreement. Except as necessary to implement the intent of this Amendment, the · Development Agreement shall remain in full force and effect. In the event ora conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. : .:IN WITNESS WHEREOF, the Parties ha~,e executed this Amendmentthe day and year first above written. ~ ~, ~ff~,. . ATrEST: a ch~..~.~...~/J.g and mun~icipal~°.~nJad °n' L~ Mayor DISCOVERY MUSEUM OF ORANGE COUNTY, a California non-profit c0~ tion~v_~ ~ By:. ~da~4;~2~ I'~ Title'S: ~ -.o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .: rsonallyknown ~7)' "- dr~NeECOUNIY ..... F I NAME(S) OF SIGNER(S) to me - OR - [] 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 ac- knowledged to me that he/she/they executed the same in his/her/their"authorize, d. capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~S my hand a};~ official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER INDIVIDUAL xCOI~ORAT[~ OFFICER 'rm.~(s) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I~'ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE O1 ~3 N~IONAL NOTARY ASS~IATION * 82~ Remmet Ave., P.O. ~x 71 ~ · Canoga Pa~, CA 91309-71~ CALIFORNIA ALL-pURPOSE ACKNOWLEDGMENT State of California County of Orange On ///~ '~ /~'~ before me, J~/~/~- ~' ~ ~personally known to me - OR - [] proved to me on the basis of satisfactory to. evidence 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/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On I,/~,~-T?--/~ ~ personally appeared personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(.O whose name(O is/are subscribed to the within instrument and acknowledged to me that he/she/bey executed the same in his/her/their authorized capacity(leo), and that by his/her/their signature(~) on the instrument the person(!), or the entity upon behalf of which the person(.~ acted, executed the instrument. WITNESS my hand and official seal. EXHIBIT A VAN DELL AND AssOCIATES, INC. 710.0200 PAGE 1 OF 12 PARCEL 3, IN THE CITY OF SANTA ANA, cOUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 116, PAGES 38 AND 39 OF"PARCEL MAP'S, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. · EXCEpTING'I'HER;FRO M THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGE-WOOD ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE coUNTY, CALIFORNIA; THENCE, ALONG THE CENTERLINE OF SAID MAIN STREET, NORTH 01°45'44'' EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO SAID CENTERLINE, NORTH 88°14'16'' WEST, 64.19 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING THE POINT OF BEGINNING; THENCE, NORTH 36"31'59" WEST, 242,00 FEET; THENCE, NORTH 31'09'05" WEST, 400.16 FEET; THENCE, NORTM 58°50'55" EAST, 14.00 FEET; THENCE, NORTH 31°09'05" WEST, 145.87 FEET TO A POINT ON THE CENTERLINE OF ARNo- l ,' DRIVE, 60.00 FEET W1DE AS SAID CENTERLINE IS SHOWN ON SAID pARCEL MAP, SAID POINT BEING NORTH 87715'36" WEST, 113.12 FEET FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 87°15'34" WEST, 351.52 FE(" ~". ALSO .EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED ~'~!L.INE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" THENCE,NORTH 01°21'17'' EAST 178.27 FEET; THENCE, NORTH 17°12'21" EAST, 50.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF MAIN STREET, SAID WESTERLY RIGHT. OF-WAY LINE BEING PARALLEL WITH AND 52.00 FEET WESTERLY OF SAID CENTERLINE OF MAIN STREET AS SHOWN ON SAID PARCEL MAP. CONTAINING 1.144 ACRES MORE OR LESS. 'SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. DATED THIS 3RD DAY OF APRIL, 1997.  E. VA~ DELL, R.C.E. 12857 ISTRATION EXPIRES 3/31/00 i "~ No. 12857 E~. 3-31-00 2-50 n:~prcje.~.s~710_0200~u rveytleg als"allpcts.l~I N 21°47'24'E RAD. .mCI_.. 3 29,48' 6~70'22'12' R=25.00' L=50.71' Parcel 1.144 AC. ~(~ ~ N 88'14'16'W 152.9~' ?CL. 2 EXHIBIT VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 3 OF 12 PARCELS 1 AND 2, IN THE CITY Of SANTA ANN COUNTY OF QRANGE, STATE OF CALIFORNI~ AS SHOWN ON A MAP FILED IN BOOK 115, PAGES 38 AND 39 OF PAR(~EL MAPS, TOGETHER WiTH THAT pORTION OF LOT 1 OF THE PO~TS, BORDEN AND SIDWELL TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNI~ LYING W1THIN PARCEL 73153, AS SAID PARCEL IS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, FILED IN SUPERIOR COURT CASE NO. 666111, IN ORANGE CouNTY, A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED AUGUST 18, 1993 AS INSTRUMENT NO. 93-0555879 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER OF oRANGE COUNTY, CAMFORNI~- EXCEPTING THEREFROM THAT PORTION LYING SOUTHVVESTERLY OF THE FOLLOVVING DESCRIBED UNE~ cOMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGEWOOD ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, tN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE cOUNTY, CALIFORNIA; THENCE, ALONG THE CENTERLINE OF SAID MAIN STREET, NORTH 01°45'44" EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO SAID CENTERLINE, NORTH 88'14'16" WEST, 64.19 FEET TO A POINT HEREINAP I ER REFERRED TO AS POINT "A", SAID POINT BEING THE POINT OF BEGINNING; THENCE. NORTH 36'31'59" VVEST, 242100 FEET; THENCE, NORTH 31'09'05" VVEST, 400.16 - . THENCE, NORTH 58'50'55" EAST, 14 00 FEET THENCE, NORTH 31'09'05" WEST, 145.87 FEET TO ~EET; ' "_ ......... ~-r ~"DE AS SAID CENTERLINE IS SHOWN ~, POINT ON TH'E CENTERLINE OF ARNE1 ON SAID PARCEL MAP, SAID POINT BEING NORTH 87'15'36" WEST, 113.12 FEET FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 87'15'34" WEST, 351.52 FEET'. ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HE~RE1NABOVE DESCRIBED POINT "A"THENCE` NORTH 01'21'17" F_~ST 178.27 FEET; THENCE, NORTH 17°12'21" EAST, 50.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF MAIN STREET, SAID WESTERLY RIGHT-OF-WAY LINE BEING pARALLEL WITH AND 52.00 FEET WESTERLY OF SAID CENTERLINE OF MAIN STREET AS SHOWN ON SAID PARCEL MAP. CONTAINING 0.328 ACRES MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS. RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND F..ASEMENTS OF RECORD, IF ANY, DATED THIS 3RD DaY OF APRIL, 1997. /~[i, JOHN E. VAN DELL. R.C.E. 12857 i.~_J_.~;~,EGISTRATION EXPIRES 3/31/00 n:~toier_~L710_02C]O~urvey~e~=ais',allo~$.lgl t "~ No. 12857 r- .~. N 88'14'16'W 152.91' N 17~2'12'F.. I Parcel 2 I 0..328 AC. -" · ¸25 ::258 VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 5 OF 12 THAT PORTION OF PARCEL 4, IN THE CITY OF SANTA.ANA, COUNTY. OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 116, PAGES 38 AND 39 OF PARCEL MAPS, TOGETHER WITH THAT PORTION OF ARN~ I ~ DRIVE, 60.00 FEET ~NIDE. AS SAID STREET WAS RELINQUISHED TO THE CITY OF SANTA ANA PER THAT CERTAIN DOCUMENT RECORDED OCTOBER 20, 1966 IN BOOK 8081, PAGE 331 OF OFFICIAL RECORDS. BOTH IN THE OFFICE OF THE COUN1-Y RECORDER OF SAID COUN'i-Y, TOGETHER WITH THAT PORTION OF LOT 1 OF THE POTTS, BORDEN AND SlDWELL TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGEWOOD ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE CouNr]~ RECORDER OF SAID ORANGE COUNTY, CALIFORNIA; THENCE, ALONG THE CEN]-'~LINE OF SAID MAIN STREET, NORTH 01'45'44" EAST, 64.92 FEBT; THENCE, AT RIGHT ANGLES TO SAID cENTERLINE, NORTH 88'14'16" WEST, 64.19 FEET; THENCE, NORTH 36'31'59" WEST, 242.00 FEET; THENCE, NORTH 31'09'05" WEST, 209.36 FEET TO THE POINT OF BEGINNING; THENCE, CON~NUING NORTH 31°09'05" ~ST, 190.80 FEET; THENCE, .f~ NORTH 58'50'5~" EAST, 14.00 FEET; THENCE, NORTH 31'09'05" WEST, 145.87 FEET TO A POINT ON THE CENTERLINE OF ARN~ ~ I' DRIVE, 60.00 FEET W~DE AS SAID CENTERLINE IS SHOWN ON SAID pARCEI~ MAP, SAID POINT BEING NORTH 87°15'36" ~ST, 113.12 FEET, ALONG SAID CENTERLINE, FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 67'15'34" W~ST, 351.52 FEE ["; THENCE, CONTINUING NORTH 31°09'05" WEST, 50.02 FEE[ TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 88.00 FEET, A RADLAL LINE OF SAID CURVE TO SAID POINT BEARS sOUTH 15'53'58" WEST; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'39'43" AN ARC DISTANCE OF 11.77 FEET; THENCE, TANGENT TO SAID CURVE soUTH 81°45'45" EAST, 27.97 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE sOUTH~NESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°41'45" AN ARC DISTANCE OF 176.43 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 48°04'00'' EAST, 106.67 FEET; THENCE. SOUTH 45'43'26" EAST, 23.77 FEET; THENCE;. SOUTH 47°57'00" EAST, 42.55 FEET TO A POINT ON A NON-TANGENT CURVE, CQNCAVE NORTHEASTERLY AND HAVING A RADIUS OF 526.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 40"26'23" V~FEST; THENCE. SOUTHF-ASTERL¥ ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°00'30" AN ARC DISTANCE OF 110.24 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 30°47'49'' WEST; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'17'47 AN ARC DISTANCE OF 29.06 FEET; THENCE, TANGENT TO SAID CURVE NORTH 86"30'00" EAST, 5.57 FEET TO A LINE THAT IS PARALLEL WITH AND 70.00 FEET ~MESTERLY OF THE CENTERLINE OF SAID MAIN STREET: THENCE, ALONG SAID'PARALLEL LINE, SOUTH 01'45'44" WEST, 50.22 FEET; THENCE, SOUTH 44"19'45" EAST, 24.98 FEET TO A LINE THAT IS PARALLEL WlTH AND 52.00 FEET WESTERLY OF THE CENTERLINE OF SAID MAIN STREET; THENCE, ALONG SAID PARALLEL LINE. SOUTH 01"44'45" W~ST, 25.79 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP, SAID POINT BEING ON A pOINT OF CUSP ON TANGENT CURVE. ,~. CONCAVE SOUTHWESTERLY-AND HAVING A RADIUS OF 25.00 FEET; THENCE, ALONG THE NORTHF-ASTERLY AND NORTHV:VESTERLY LINES OF SAID PARCEL 3 THE FOLLOWING FIVE (5) COURSES: 1) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70°20'12" AN ARC n:,~ r cj et:s\710_0200~s u P.'e ylle~ als~,llp cls.lg I EXHIBIT VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 6 OF 12 280 2) 3) 5) DISTANCE OF 30.70 FEET; TANGENT TO SAID CURVE, NORTH 68'36'28" WEST, 29.48 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET, A P. ADL~J_ LINE OF SAID CURVE TO SAID POIN.T BEARS SOU.TH 21°47'24" WEST; NORTHW~.STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20"00'00" AN ARC DISTANCE OF 52.36 FEET; TANGENT TO SAID CURVE NORTH 48'12'36" VVEST, 75.50 FEET; SOUTH 55'45'28" WEST, 158~07 FEET TO THE POINT OF BEGINNING .... CONTAINING 1.302 ACRES MORE OR LESS. SUBJECT TO cOVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. DATED THIS 3RD DAY OF APRIL, 1997. ~HN F_ VAN DELL, R.C.E.' 12857 ~-~/REGISTRATION E)(PIRES 3/31/00 n:'.,p roi e ~.,~s',710_0200~.su rvey~ eg als~allp"a$.lg ! ./ Parcel 3 / 1.302 AC. :t: / / / / / / / / ,/ ./ / / / / / / C~ty of /$an~a Ar~ / . 26'79'I o; MA_IN STR_EET I~, _ Parcel 3 DISCOVERY SCIENCE CENTER EXHiBiT A ~.!, VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 8 OF 12 EX !B!T A THAT PORTION OF PARCEL 4, IN THE CITY OF SANTAANA, COUNT~. OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 116, PAGES 38 AND 39 OF PARCEL MAPS, TOGETHER WITH THAT PORTION OF ARNP- I I DRIVE, 60.00 FEE'i' WIDE, AS SAID STREET WAS RELINQUISHED TO THE CITY OF sANTA ANA PER THAT CERTAIN DOCUMENT RECORDED OCTOBER 20, 1966 IN BOOK 8081, PAGE 331 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETI-tER WITH THOSE PORTIONS OF LOTS 1 AND 27 OF THE POT'FS, BORDEN AND SIDWELL TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGE'wooD ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA; THENCE, ALONG THE CENTERLINE OF SAID MAIN STREET, NORTH 01'46'44" EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO SAID CENTERLINE, NORTH 88'14'16" WEST, 64.19 FEET; THENCE, NORTH 36'31'59" WEST, 242.00 FEET; THENCE, NORTH 31°09'05" WEST, 400.16 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 58'50'55" EAST, 14.00 FEET; THENCE, NORTH 31°09'05" WEST, 145.87 FEET TO A POINT ON THE CENTERLINE OF ARNo' 1 ~ DRIVE, 60.00 FEET WiDE AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP, SAID POINT BEING NORTH 87'15'36" VVEST, 113.12 FEET, ALONG SAID CEN l ~-RLINE, FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND DISTANCE OF "NORTH 87°15'34" ~EST, 351.52 FE~- ~"; THENCE, CONTINUING NORTH 31°09'05" WEST, 50.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 88.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 15'53'58" WEST; THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°33'08" AN ARC DISTANCE OF 53.07 FEET; THENCE, TANGENT TO SAID CURVE NORTH 39'32'54" WEST, 71.43 FEET; THENCE, SOUTH 85'18'14" WEST, 10.14 FEET; THENCE, NORTH 89°21'07'' WEST, 44.36 FEET; THENCE, SOUTH 01'45'17" WEST, 33.01 FEET; THENCE, SOUTH 38°18'53" EAST, 298.68 FEET; THENCE, NORTH 58°45'52" EAST, 44.48 FEET; THENCE, SOUTH 37°49'23" EAST, 17.68 FEET TO THE POINT OF BEGINNING. CONTAINING 0.504 ACRES MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIQNS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. DATED THIS 3RD DAY OF APRIL, 1997. //JOHN E, VAN DELL, R.C.E. 12857 {jREGISTRATION EXPIRES 3131100 I "~ No. 12857 r- Ezo. 3-3~-00 n:~prcje~,s~710_r~200~ utvey'deg ais',allpc~$.lgl \ \ 274 SPECIFIC DEVELOPMENT 6S DISCOV. ERY SCIENCE CENTER SECTION i - ~PPLICAEILITY OF ORDINANCE The Specific Development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards for the Discovery Science Center. Development Agreement No. 97-01, Variance No. 97-03, and Dev~iopment Review Process No. 96-27, and applicable sections of the City's Municipal Code and Design and Development shall apply to this district unless superseded by this ordinance. The approved plans, drawings, and specifications as noted in Development Review Process No. 96-27 are included as a part of this Specific Developme~ht District (Attachment A). SECTION 2 - PURPOSE The Santa Ana city Council has determined that the Discovery Science Center represents a cultural, education, and economic icon to the greater Santa Aha community. Specific Development 65 has been drafted to recognize r-hth~ unique physical and .technological characteristics of the Museum and ' I Science Center complex. The Specific Development District Plan .incorporates the unique site plan components of the building and site structures by reference. The sign program identified in this Plan'captures the value of excellence and design principles as defined by the community policy board. The standards identified in this plan provide for property site planning and sound design principles which should provide positive education stimulus to the greater Santa Ana community. SECTION 3 - USES PERMITTED A. Museum and science center. B. Professional zone~ uses: 1. Uses permitted as adopted from the Professional (P) districtg (a) Professional, business and administrative offices where no merchandise is s01d. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. Exhibit C-1 Z68 EXHIBIT A VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 10 OF 12 THAT pORT]ON OF THE RESUBDIVISION OF THE SHAFER TRACT, AS SHOWN ON A MaP FILED IN BOOK 4, pAGE ./-4. OF MISCELLANEOUS MAPS, TOGETHER WiTH THAT PO~,T]ON OF TRACT NO. 512 AS SHOWN ON A MAP FILED IN BOOK 19. PAGE 16 OF MISCELLANEOUS MAPS, AND TOGE'THER WITH THAT PORTION OF ROE DRIV":_ AS VACATED BY RESOLUTION NO. 83-38 OF THE CLIP( OF SANTA ANA. RECORDED APRIL 1, 1983 AS INSTRUMENT NO. ~;3-137946 OF OFFICIAL RECORDS, ALL IN THE CITY OF SANTA AN.A, COUNTY OF ORANG~ STATE OF CALIFORNIA AND ALL AS DESCRIBED AS "PARCEL 1" AND "PARCEL 2" IN DEEDS TO THE STATE- OF CALIFORNIA (STATE PARCEL NO. 73158) RECORDED MAY 15, 1991 AS INSTRUMENT NO.S 91-235909 THROUGH 91-236916, INCLUSIVE, OF OFFICIAL RECORDS AND AS ALL IN THE OFFIC .E OF THE coUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWiNG DESCRIBED lINE.: COMMENCING AT THE CENTERLINE INTERSECTION OF OWENS DRIVE AND MAIN STREET, SHOWN ON A MAP OF RECORD OF SURVEY NO. 89-1000, FILED IN BOOK 122, PAGE 23 OF RECORDS OF SURVEY. IN SAiD OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE CENTERLINE OF SAID OWENS DRIVE NORTH 88°14'4.4" WEST, 627.32 FEET OF APOINT OF INTERSECT]ON WiTH THE NORTHERLY PROLONGAT]ON OF THE CENTERLINE OF BROADWAY, AS SAID CENTERLINE IS SHOWN ON A MAP OF RECORD OF SURVEY NO. 88--1045, FILED IN BOOK 121, PAGE 11 OF RECORDS OF SURVEY, AND ON A MAP FILED IN BOOK 7, PAGE 21 OF PARCEL MAPS, BOTH IN SAID OFFICE OF THE cOUNTY RECORDER, THE BEARING OF SAID LAST MENTIONED pOINT'ALONG SAID CENTERLINE AND THE NORTHERLY PROLONG. AT]ON THEREOF TO THE CENTERLINE INTERSECTION OF BROADWAY AND SANTA CLARA AV-,-,-,-,-,-,-,-,-,~NUE AS SHOWN ON SAID RECORD OF SURVEY NO. 88-1045 BEING soUTH 01'54'45" W'EST; THENCE-, CONTINUING ALONG THE CENTERLINE OF SAID OWENS DRIVE AND ITS WESTERLY PROLONGATION, NORTH 88'14'44" WEST, 401.03 FEE'i' TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 14915.58 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 54'54'04" WEST, SAID LAST MENT]ONED POINT BEING THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'2..2'03" AN ARC DISTANCE OF 356.00 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 36'27'59' FAST, 63.76 FEET TO A POINT HEREINAJ'- I mR REFERRED TO AS POINT "A";, THENCE, CONT]NUING sOUTH 36°27'59" EAST, 231.56 FEET TO A POINT ON SAID NORTHERLY PROLONGATION OF THE SAID BROADWAY, SAID POINT BEING DISTANT SOUTH 01'54'45" WEST, 514.31 FEET, ALONG SAID NORTHERLY PROLONGATION, FROM THE POINT OF INTERSECTION WiTH OWENS DRIVE. EXCEPT]NG THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID H-7__.~EINABOVE MENTIONED POINT "A", SAID POINT BEING ON A NON-TANGENT CURV~ CONCAVE SOUTHERLY AND HAVING A RADIUS OF 515.50 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH.08°03'00" WEST; THENCE, EASTERLY ALONG SAID CURVE EXHIBIT VAN DELL AND ASSOCIATES, INC. 710.0200 PAGE 11 OF 12 THROUGH A CENTRAL ANGLE OF 11'06'14" AN ARC DISTANCE OF 99.90 FE~--r. 'TO THE EASTERLY LINE OF SAID PARCEL 73158. cONTAINING 1.342 ACRES MORE'OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND F_ASEMENTS OF RECORD, IF ANY. DA'i~D THIS 3RD DAY OF APRIl. 19~7. OWENS DRIVE__ _ Parcel 1.342 AC. Jgt~ ~/:~ 278 (c) (a) (e) (f) (g) (h) (k) Travel agencies. Medical and dental offices. Art galleries, art and photography studios. Museums and science centers. Print and copy services. Pharmacies, limited to the merchandise related to health drive-through facilities. dispensing of goods and care only, and ~exclu¢ing (i) Day care and nursery schools. ..: (j) Non-freestanding commercial and service uses which do not exceed 10 percent of the floor space of the building in which they are located and which are supportive of, compatible with, and. integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which.are open at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. · Freestanding restaurants, cafes, andeating establishments, · excluding drive-throughfacilitiesand'excluding any eating establishment specified in'Section~41-313.5 of the Santa Ana Municipal Code. .permltted subject'to the, lssuance of,~a,'condltlonal use permit: (a) Convalescent hospitals, nursing homes, rest homes, and extended care facilities. (b) ~ospitals. (c) Trade ahd professional schools. (d) Health clubs and gymnasiums. (e) Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of Section 41-313 of the Santa Ana Municipal Code. (f) Ambulance and emergency medical response services. (g) Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under Section 41- 313 of the Santa Ana Municipal Code, and further provided that such uses have less than 20,000 square feet of floor area. (h) Eating establishments open at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. and located within 150 feet of residentially zoned or used property, measured from property line to property line. ' . SECTION 4 - BUILDING HEIGHT A. Museum and science center. Per Article III, Section 41-314, Code. E. Professional zoned uses. Per Article III, Section 41~314, Code. Chapter 41 of the Santa Ana Municipal Chapter 41 of'the Santa Ana Mun.i~ipal SECTION $ - BUILDING SETBACKS A. Museum and science center. North (front) · Fifteen (15').feet wide for.the first-250:feet'..measured~from the front .:property .line; seven.feet wide..thereon,:.along.:the:Santiago.Creek, South (rear) Approximately115:-:feet :from.the::southern::most::intersection-:of'the ...property.~lines .'as measured, along...the ~east !,property~.:line. :.:This measurement was taken to the-perimeter .edge:~of.~the :cube::structure. East (side) Fifteen (15') feet wide, shall be a minimum of 12 except at the existing building where feet wide. it West (side) Ten (10') feet, except between the building and the freeway property line, where five feet is required. No setback required in parking lot areas abutting the freeway. Professional zoned uses. Per Article III, Section 41-315, Chapter 41 of the Santa Aha Municipal Code. SECTION 6 - LANDSCAPE REQUIREMENTS A. Museum and science center. 1. Primary landscape areas: 280 North (front) Fifteen (15') feet for the first 250 feet measured from the east property line. Seven (7') feet. minimum.thereo~.along the bike trail. South (rear) Ten (10') feet, exceptisting building where a minimum five feet setback must be maintained. No,setback is required along parking areas adjacent to the freeway where;vine pockets must be provided at six feet intervals. East (side) " Fifteen (15') feet, except at existing building where a minimum twelve (12') feet wide setback must be maintained. Corner parcel on Main Street'and the F~eeway, is to remain opw~'space for the Center's outdoor activities, except for an area under the cube structure and the required exit paths. West (side) None required. 2. Landscapearound buildinq perimeter. North (front) .Five (5') 'feet except ~at..front:plaza,'~and.~required ~exits. five foot~planter, is~required~around:the~.outdoor.:dining~terrace, except at required exits and ticket booth. South (rear) Five (5') feet, except at exits and rear=storage'yard:where the five feet landscape requirement is to be relocated along the west retaining wall of. the exit ramp. East (side) Fifteen (15') feet, except at the existing building where twelve (12') feet is required. West (side) No landscaping is required on the west building wall. 3. Landscape in parkinq lot and parkinq structures. (a) Date palms along the pedestrian promenade. (b) One standard planter at each end of a row of parking spaces, plus seven standard 8'6" x 18' landscape fingers. All planters must have a canopy tree per landscape plans approved. (c) Any unimproved areas must be landscaped, except at required pedestrian paths. 4. Landscape alonq the SantiaqO Creek. A 15 foot wide landscape planter along the first 250 feet measured from the east property line; and minimum seven (7') feet wide thereon. NOTE: ..Landscape standards not addressed above shall be subject to Article II, Section 41-316, 317, 319, and 320 and.Article.XVI, Chapter 41 of the Santa Aha Municipal Code. Professional zoned uses. Per Article II, Section 41-316, 317, 319, and 320, Chapter 41.o.f.t. he Santa Aha Municipal Code. Per Article XVI, Chapter 41 of the Santa Ana Municipal Code. SECTION 7 - PARKING REQUIREMENTS A. Museums and science centers. Vehicular parking shall be per'Article'XV~of"theSanta~'Ana!Municipal Code. .'. 'Busparkingspaces for five (5)..vehicles.on..site;~and~off-site.parking ..~:~and.~queuing.~per`the~.Bus:Parking...Management:?P~an.~..~The~Bus~.Parking ~ . ~i. Management Plan is herein incorporated by reference. Professional zoned uses. Per Article XV, Chapter 41 of the Santa Ana Municipal Code. SECTION 8 - EXTERIOR WALL REQUIREMENTS A. Museums and science centers. Masonry sound walls (6') along west property line abutting the freeway. No solid wall required along the Santiago Creek. Professional zoned uses. Per Article IV, Section 41-322, Chapter 41 of the Santa Aha Municipal Code. SECTION 9 - SIGNAGE A. Museums and science centers Ail signs and modifications to signs require Planning Commission site plan review approval. Ail signs shall be designed consistent with or proportionately smaller than that which is depicted on Attachment B. 284 1. Wall S~ns (a) Two wall mounted signs with each face no greater than 544 square feet facing the I-5 Freeway, with no portion extending more than five feet above the parapet line, on the building's west and south elevations. No exposed external illumination is permitted. Each sign may be composed of the following elements: (1) The top portion may be an internally illuminated fixed sign w~th the name of the facility. (2) The middle portion may consist of a tri-vision display with triangular blends displaying three different on- site exhibit images rotating at timed intervals. There may be no more than 10 items of text, not to exceed 15 percent of the tri-vision sign area. The tri-vision sign may containexternal,illumination from the bottom of the sign provided the sources of light are fully screened from public view. 3) The bottom portion~may be.an electronic reader board consisting of two lines of illuminated text ~with changing messages to,the public. The reader board shall be utilized for ,.the purpose of announcing information related to the programming and operations of the Discovery Science Center and may also be utilized to announce events related to other non- profit organizations in the community. Operation of the reader board is subject to an annual review by the city Council for the first two years of operation. Said review shall be a noticed public hearing to ensure compliance with the aforementioned provisions. Should the city Council determine that the operation of the reader board does not comply with the conditions contained herein, the Council may order cessation of the operation of the.reader board or impose such other conditions that ensure acceptable standards for its operation. Freestandlnq siqns One freestanding internally illuminated monument sign (7'x 5'6") located in the landscape setback on Main Street. The sign is to be designed consistent with the wall signs and is to consist of four elements: (a) The top portion is cabinet with routed letters displaying the facility's name. 28'6 (b) The middle.portion may not exceed two lines of manually changeable copy to accommodate two lines of six inch high letters in total. No off-premise advertising or advertising for the on-premise restaurant is permitted. (c) The bottom portion of the sign may include an additional four inch line of text displaying the name of the science store. (d) Wall The site's address must be displayed at the monument sign. Banners bottom of the (a) Four 8' k"t8', Qall banners to be mounted on"the"~ain Street elevation are permitted for on-site temporary...~d feature exhibits. (b) Flag poles may include City, County, State, and Federal Government flags. In addition, Discovery Science Center · corporation flags may be permitted. No additional attachments to the flag poles are permitted. B. Professional zoned uses. ~ · Per Article XI, .Chapter 41 of the Santa~Ana Municipal Code. SECTION 10 - OPER~TIONALSTAND~RDS Operational standards for all uses in Specific Development District 65 are subject to the provisions of the Santa Aha Municipal Code. In addition, the standards that regulate the Discovery Science Center's operations and the manner in which business is conducted on-site such as hours of operation, special events and public activities are to be consistent and in conformance with the project's conditions of approval listed and herein incorporated by reference in Development Agreement No. 97-01 by action of the City Council; and per the City of Santa Aha Municipal Code and the Mitigation Monitoring Program resulting from the project's Environmental Impact Report No. 97-01 (EIR No. 97-01), which regulates activities during construction as well as for the life of the project. A. No take out food service is permitted from the ancillary restaurant use. Hours of operation of the ancillary uses must coordinate with the museum hours. SITE Pt~N (PI{ASE I) DISCOVERY SCI~NC~ CDNT~D CONST~.JCTION NOTES L[.2 DISCOVE2Y - SClEN.CE '-~//-~ CENTE~ PLANT T FIRST FLOOR PLAN ,I I FIRST FLOOR PLAN NO~1~ [L~VA lION .? WEST ELEVAIION - FREEWAY FACAD( (~)ELEVATION FROM FRONT (~ PLAN VIEW (~ SIDE ELEVATION BUlL ING (~)ISOMETRIC ELEVATI(JN FROM BUILDING Z South Elevation SIGN PROGRAM -q II I I~ N r!. F- I:: I:' NTE E -- TACO BELL :DISCOVERY ~ SCIENCE CENTER ~, :- -- Science Store · ~ -- 2500 North Main :.--I ~. - ' ~l[l! SIGN PROGRAM SCIENCE CENTER Note: Planning Commission del~ted thc "Food Court" reference and limited content information in the changcable board per Implementatibn Agreement. ' ' ' East Elevation - M~Jn Street Facade SIGN PROGRAM