HomeMy WebLinkAboutNS-2497 - Approving a Second Amendment to the Development Agreement Between the City of Santa Ana and Discovery Museum of Orange County E30,~AGE
ORDINANCE NO. NS - 2497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND DISCOVERY MUSEUM OF ORANGE
COUNTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAI~IS AS FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons
having legal or equitable interests in real property for the purpose of
establishing certainty for both City and Ownet~ih the development
process.
The City enters into this Second Amendment to Development Agreement
pursuant to the provisions of the Government Code and applicable City
policies.
The Planning Commission has, following a public .hearing, on Mamh 25,
2002 recommended approval of this Second Amendment to Development
Agreement.
Entedng into this Second Amendment to Development Agreement would
provide the City with extraordinary and significant benefits that are of
regional significance, relate to existing deficiencies in public facilities,
require Discovery Museum of Orange County 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.
The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
Section 2: The City Council has reviewed and considered the information
contained in the Final Environmental Impact Report No. 96-01 and Addendum prepared
with respect to this Ordinance. The City Council has, as a result of its consideration, and
the evidence presented at the headngs on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, that this Final Environmental Impact Report and Addendum adequately
address the expected environmental impacts of this Ordinance. On the basis of this
review, the City Council finds that the Final Environmental Impact Report and Addendum
Ordinance No. NS-2497
Page 1 of 49
comply with the requirements of CEQA. The City Council hereby certifies and approves
the Final Environmental Impact Report and Addendum and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in the
manner required by law.
Pursuant to Title XlV, Califomia Code of Regulations ("CCR") § 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on wildlife
resources or the ecological habitat upon which wildlife resources depend. The proposed
project exists in an urban environment characterized by paved concrete, roadways,
surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code
§ 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department
filing fees is not required in conjunction with this project.
Section 3: The Second Amendment to Development Agreement, a true and
correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City
Manager and Clerk of the Council are authorized to execute it on behalf of the City. The
Clerk of the City is hereby authorized and directed to cause this Development Agreement
to be recorded with the County Recorder's Office.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 6th day of
Ma}, , 2002.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
By:
Ber~ar~n K~/~h~a n
Chief Assist~tt City Attorney
Ordinance No. NS-2497
Page 2 of 49
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Chdsty, Franklin, McGuigan, Pulido,
Solorio (7)
Councilmembers: None (0)
Councilmembers: None (0)
Councilmembers: None (0)
CERTIFICATE OF ATFESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2497 to be the odginal ordinance adopted by the City Council of the
City of Santa Ana on May 6, 2002, and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date:
Ordinance No. NS-2497
Page 3 of 49
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Aha, California 92702
ATTN': Clerk oft. he Council
FREE RECORDING
GOVERNMENT COD.E § 6103
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT is made and entered into this 6th day of May, 2002, 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 SCIENCE
CENTER OF ORANGE CQUNTY, a California non-profit corporation ("Developer").
x,VITN'RR g IRTI4
A. City is authorized pursuant to Government Code Sections 65864 througah 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the development
process. City enters into the Agreement pursuant to the provisions of the Government Code and
applicable City policies.
B. The parties hereto have previogsly entered into a Development Agreement dated
May 5, 1997, recorded as Document No. 19970428804 with the Recorder of the County of Orange,
and further entered into a "Development Agreement Amendment" dated July 20, 1998, recorded as
Document No. 19990055323 with the Recorder of the County of Orange, (hereafter collectively
referred to as the "Development Agreement").
C. The City and Developer wish to further amend the Development Agreement
between the parties to provide for construction ora warehouse With ancillary office use as part of
Phase 1I as defined in the Development Agreement.
D. The City and Developer additionally w~ish to amend the Development Agreement
to ensure completion of placement of the cladding or'skin on the "theme cube" prior to the
opening of the parking garage which is to be constructed as part of Phase 17.
E. The parties hereto ac'knowledge the following:
Ordinance No. NS-2497
Page 4 of 49
(1)
the time of development.
This Amendment is intended to assure adequate public facilities at
(2) This Amendment is intended to assure development in accordance
with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan.
(3) This Amendment will permit achievement of goals and objectives
as reflected in the City's General Plan and all applicable Specific Design Zoning.
(4) Owner is required by existing City regulations to provide
mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through
the regulatory process.
(5) This Amendment will allow City to realize extraordinary and
significant public infi'astmcture facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration t~ City for er~tering into this Amendment represent benefits which w6uld not
otherwise be required as Part of the development process.
F. On March 25, 2002, the Planning Commission of the City ("Planning
Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091,
held a public heating to consider the Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On April
15, 2002, the City Council of the City of Santa Aha ("Council"), after providing notice as
required by law, held a public hearing to consider the Developer's application for this
Amendment.
G.. prr?erty Affected hy thl.q A~eernent
This Amendment pertains to the Property as described in Exhibit "A" to tiffs Amendment,
H. Permitted 13eveln?nent/Pha~ing
Section 4 of the Development Agreement is hereby amended to read as follows:
4. Permitted Development/Phasing
As the material consideration for the granting of the vested fights
under this Agreement by the City, the Developer agrees to construct on the Property
the particular development described in Exhibit C attached to this Amendment (the
"Development"). As to all Phases of the Development, all applications to be
2
Ordinance No, NS-2497
Page 5 of 49
submitted, and all construction to be carried out, shall be in accordance with
Specific Development No. 65, City of Santa Aha Development Plan DP 96-27 and
00-49. CUP 2001-24 and Variance No. 97-03. If Developer submits applications
for any use of the Property other than one that complies in all material aspects to
Specific Development No. 65, DP 96-27 and 00-49. CUP 2001-24 and Exhibit C,
this Agreement shall terminate and all development shall be subject to codes and
standards ~n effect at that time.
· In addition, Developer shall be responsible for the following:
a. Screening of roof-top equipment on the existing main building,
which shall be completed by Developer not. later ~han issuance of a certificate of occupancy
for the expansion space (Phase ~), or ei~teen (18) months from execution of the
amendment to the Development Agreement, whichever comes first; provided, however, that
the eighteen (18) month deadline will not apply if construction on Phase I~ begins before the
eighteen (I 8) month deadline, and continues unabated until complete.
b. Installing and maintaining landscaping portion of Parcel 5 adjacent
to future City bikepath pursuant to approved landscaping plan, both before and after
construction of the fourteen foot (14') bikepath (ten foot (10') bike plus two, two foot (2')
curbs).
c. Submission, implementation and maintenance of a City-approved
grading plan for the City bikepath easement (as shown on Exhibit "A") for the period
before installation by the City of the bikepath.
d. Submission, implementation and maintenance of a City-approved
grading plan for the nomhardscaped portion of the City bikepath easement (as shown on
Exhibit "A") and maintenance of the retaining wall supporting the bikepath for the period
aRer construction by the City of the blkepath.
e. Repair and restoration of any landscaping as shown on approved
landscaping plan which is damaged by the City's Public Works Agencyin the exercise of
its storm drain easement along the twenty-three feet (23') of the east property line of
Parcel 5.
f. Install and maintain cladding on remaining five (5) sides of the
"theme cube." Developer further agrees that it may not apply for a certificate of
occupancy for the parking garage or warehouse with ancillary office use until it completes
the "theme cube" by cladding the remaining five (5) sides of the cube with City approved
materials, and that the City may disregard and discard any purported application for a
certificate of occupancy for these occupancies of Parcel 5 until the cube is complete.
Ordinance No. NS-2497
Page 6 of 49
'3
g. Developer shall design, construct, maintain, repair and replace as
necessary, a retaining wall along the eastern portion of its property to maintain the integrity
of Broadway Street. ..:
I. F,f~ect of Amendment
The exhibits to this Amendment shall supemede and replace the exhibits 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.
J. 1qnv~rnnmental RevlewB%{iti~atlnn lMnnltnrln~ Plan
Section 8 of the Development Agreement is hereby amended to read as follows:
8. Environmental Revie~v/Mitigation Monitoring Plan.
In con~ection with its approval of the Development and this second
amendment t6 the Development Agreement, in addition to the originally certified
Final Environmental Impact Report No. 96-01 ("EIR"), an addendum was prepared.
The EIR, including its addendum, was again certified by the City Council on
April 15, 2002. Developer agrees to implement all those mitigation measures set for
in the Mitigation Monitoring Plan attached here as Exhibit D.
K. Five Year ~cten~lnn tn the Term of the Development A~m'eement
Section 3.(a) of the Development Agreement is hereby amended to read as follows:
3. Term.
(a) Unless the term is otherwise modified or extended by the parties
as set forth in this Development Agreement, the term ("Term") of this Development
Agreement is fil~ecn (15) years from the Effective Date (defined below), subject to
termination as hereinager provided.
Subparagraphs 3 Co) through 3 (d) to the Development Agreement
are not amended.
The parties to this Amendment further agree that the Effective Date of the Development
Agreement, set forth in paragraph 22 therein, is unaffected by this or any other Amendment to the
Development Agreement. ..
Ordinance No. NS-2497
Page 7 of 49
IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first
above written.
ATTEST:
CITY OF SANTA ANA,
a charter city and municipal corporation
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By
Benj amin Kaufman
Chief Assistant City Attorney
By.
David N. Ream
City Manager
DISCOVERY MUSEUM OF ORANGE
COUNTY, a California non-profit
corporation
By:
Title:
Ordinance No. NS-2407
- Page 8 of 49
Parcel 5
: Nl'45'36'W
L-57.75 of Owens Ddvep~,OR 19970556588 ~
SceJe 1' = 80'
per OR
Parcel
1.42t:b
~E
Prepared· under the direction
Gerald D, Masgo[
LS 3786
License expires
EXHIBIT "A"
DIS~VERY ~ CENTER PAF~ 5
IN THE ~
Parcel
I
I
Prepore~d.. under the direcf/on of:
License expires 6/30/04
EXHIBIT
DISCOVERY 8ClENCE CENTER PARCEL
IN THE CiTY OF SANTA ANA
. . COUNTY OF ORANGE, CALIFORfl~
Parcel 5b .
26~61' N88~ ~'42'W 7.00'
.... ~-- ~ _ _ _ ~_ ~
W~st~y p~o~ng~U~n o~ ~e c.nt~. N88~2~ ~W
~t~;°;.'J' ,.. ~ ,,,70~..~ ~ '. /
'
-- ~' ,XLIiJ/ . ,, ~
' ,~~~r--' ,
Gerald D. Ma*gai
L$ 3786
License expires 6/,30/04
L,'~,, Caforda 92606I EXHIBIT'A'
Phone (g49) 474-1~80 J ~RY ~E~ ~ P~L ~
Bicycle Path Ee. sement ; ~ _~
NI'45'36'W "%
~ .262~1' Naa14'42'W ' 7.00' )~ .
· ~ 0.070-~- Acrel.
8.78'
IS 3?85
EXHIBIT "A"
DISCOVERY SCIENCE CENTER EASE. MENT
IN THE cri'Y OF SANTA AN&
SCOPE AND PHASES OF DEVELOPMENT
~ ........... ~,, text is deletmn
Scope of Development: Science center and ancillary uses as defined by SAMC Section 41-122.
Phase I:
Site:
Existing Structure:
Expansion Area:
3.5 acres
40,000 square feet
19,,205 square feet
Total Phase I:
59,205 gross square feet
Other Features:
.F_.fl_l!y~d exterior cube ,' ' ....
3,500 square feet dining area
GiR shop
Office and exhibit storage space
Parking Required:
169 automobiles
Parking Provided:
173 automobiles
Bus drop offarea
Off-site bns parking
Phase II:
Site:
1:9 additional acres
(Total 5.45 acres)
Maximum Additional
Uses and Construction:
~',~;~.~fl 20,000 square feet of exhibit area,
Dining and administrative offices
350 seat theater ('4 10,000 square feet)
Total raaxirnum new construction: ~56,54.~ 40,000 square feet
Maximum Tota! Build-out (I a II): i~5,;~ 99¢-05 gross square feet
Ordinance No. NS-2497
Page 13 of 49
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ADDENDUM FEIR NO. 9~-01
EN~RONbfENTAL ANALYSIS
FOR A~fENDMENT NO. 1
AMENDED AND RESTATED IMI'LElVIENTATION AGREEMENT AND
ZONING CODE AMENDMENT AFFECTING SD65 FOR
PHASE II DISCOVERY SCIENCE CENTER (DSC)
PHASE II DEVELOPMENT REQUEST
The proposed project consists of an amendment to the Project Implementation Agreement for the
Discovery' Science Center (DSC), Amendment of the Specific Dexelopment No. 65 (SD65) zoning
requirements, and a re,4sed site plan fa-DSC Phase 1I development.
BACKGROUND
The DSC project is a two parcel site cauposed of one 3.5 acre site and me 1.95 acre site, tobe
connected by a bridge, located in the northern portion of the City of Santa gna. The DSC project is
subject to SD65 and a development agreement. SD65 and the development agreement provide for the
development of up to 95,000 square feet (sq ft) al'science exhibit space, cf'flee, retail, a 350 seat
theater, and parking uses w~thin DSC.
The Final En'drom'nentaI Impact Report (FEIR 96-01) ,,vas prepared to analyze potantial project ..
related and cumulative impacts asseciated with implementation of the DSC project and was certified in
connection Mth the adoption of the development agreement and SD65, which serves as a specific
development plan and zoning document for DSC. FEIR 96-01 analyzed the entitlements for DSC up
to 95,000 sq f~ of exhibit space, a 350 seat theater, and aneillaryuse$.
FEIR 96-01 identified a number of initiation measures toreduce potentiallysignificant impacts toa
level considered less than si.mificant. Additionally, FEIR 96-01 determined that implementation of
the DSC project would result in unavoidable adverse impacts in regard to parking during special
events, noise during construction if piledrivers are to be used, noise at any outdoor facility, if any, and
at outdoor parking. A Statement of Overriding Considerations was adopted by the City of Santa Aha
to address the unavoidable adverse impacts asscciated with the DSC project.
PROJECT DESCRIPTION
The proposed amendment would increase the development potential fc~ the project from 95,000 square
feet of exhibit and ancillaryspace with a 350 seat theater to 109,500 square feet of exhibit and public
space, a 275 seat theater, and a separate eft*ice and sterage building attached to the parking structure
totaling approximately 14,600 sq ft. Implementation of the proposed amendment would exceed the
maximum allowable development area permitted in SD65; therefere, SD65 is required tobe amended,
P,nge 33 of 49
Page 1 or' 1 /
The existing facilityis a 59,205 sq ft building footprint interactive science leamingcenter and offices
with 92 parking spaces on site. The prq~osed Phase II project is a three stay expansion of the main
building with a lar~ format theater (IblAX t~,pe) with digital displaydome, additional exhibit areas
that double as classroom facilities, expanded diningand retail areas, and a parking structure and
connecting bridge at Broadway and bIain Place Drive. The project would include the following: 1) a
275 seat theater, 2) an office-warehouse addition- 14,600 (gross) sq fl, attached tothe parking
structure, and 3) appraximately 38,000 (gross) sq ft of corridor/exhibit/classrcom/theater sta~ng area
space. Classrooms/conference areas are included in the exhibit space and ~11 be used for either
exhibits and/or demonstrations attached topermanent or traveling exhibits, as the need arises.
Building heights are as follows: l)theater/exhibit structureisprcposedtobe 106 feet, and2)the
parking structure is proposed to be a maximum of 27 feet with the office component at 40 feet. The
parking structure is proposed to include 253 spaces. Surface parking at the primary site includes nine
spaces. On-site bus parking and bus turnaround space are provided in front of the main entrance.
A li~hted bridge to accommodate vehicle traffic as ~ell as pedestrians is proposed to cross Santia~
Creek, connecting the primary access drive from Main Street to the parking structure on a currently
vacant property at Broadway and Main Place Dri',e. Provisions for a bike path connecting the existing
bike path along Santiago Creek to a planned undercrossing of the I-5 Freeway are included in project
design. No disturbance to Santiago Creek is proposed, aa the brid~ will be constructed prior to being
placed over the creek and will be supported from the creek banks, with no need for pillars. Phase II
also includes finishing the cladding on the unfinished sides of the cube icon.
The proposed project is described as Phase I of the DSC and is detailed in Table A, belay. A revised
site plan for the project has been prepared and subnitted with the applicatims on file xvith the
Planning and Development Agency (Exhibit 1). The above components of the plan are defined
hereinafter as the Project.
Table A: Phase II Expansion: Tectonic Cube Concept Square Footage
FIRS T FL 0 OR
LOBBY 1790 S.F.
TICKETS 170 S.F.
30RRIDOR 1700 S.F.
5XHIBITS 5480 S.F.
~PECIAL EXHIBITS 570( S.F.
PANTRY 30C 5.F.
STORAGE 16£ 5.F.
SERVICE CORR. 230C 5.F.
STAIR 272 ~..F.
OFFICE 75 $.F.
ELECT. l~\'I. 225 S.F.
SU"BTOTAL INTERIOR 18172S.F.
MISC. VOID & EXTEKI0~. WALL 1278 S.F.
GROSS FIRST FLOOR 19450 S.F.
SECOND FLOOR
Page 34 O[ 4,~
~B',FILES~,Amencl I dsc revl.dcc ~<03,"07,'02~.
pa~e 2 of 17
EXHIBITS ' "; 4290 S.F.
21RCULATION (including stair 1 & 2) 1320 S.F.
gTAIR #3 207 S.F.
LOBBY 1920 S.F.
ICORKIDOR 75
LOWER PROSECTION 865 5.F.
SUPPORT SPACES -THEATER 1650 ~,F,
CIRCULATION- THEATER 14 ! 5 IS.F,
SOUND/LIGHT LOCKS 421] ~,F,
SPEAKER ZON"E 150 S.F.
SNACK ! 80 S.F.
SUBTOTAL INTERIOR 12491 S.F.
MISC. VOID & EXTR WALL SPEAKER ZONE 6,284 S.F,
GROSS SECO,XD FLOOR S776 S.F,
-zooJ
EXIT LOBBY 690 S.F.
AUDIO tLa, CKS DIMMER 180 S.F.
MECH. SHAFI 145 S.F.
CORRIDOR 265 S.F.
THEATER 3400 S.F.
SOUND LIGHT LOCKS 370 S.F,
STAIR #3 207 S.F.
STAIR g4 10( S.F.
MECH~ SHAFT 435! S.F.
:IRCULATION STAIR #5 425 3.F.
~,IECHAN/CAL 2975 5.F.
~UBTOT.a3- INTEmOR 9192 3.F.
MISC. VOID & EXTERIOK WALL 611
GROSS THIRD FLOOR 9303 s.F.
PR OJ£ CTI O~¥ 31EZZANINE: FO UR TH FI, 0 OR
CORKIDOR 285 S.F.
STAIK'#3 207 S.F.
UPPER PROJECTION 700 S.F.
SUBTOTAL INTERIOR 1192 S.F.
MISC. VOIDS WALL 1173 S.F.
GROSS FOURTH FLOOR 2365 S.F.
IOTAL OF INTERIOR SPACES 41048JS.F.'
TOTAL GROSS BUILDING AREA 50394[S.F.
H:',ROBBFILES',Amend I d~c revl.doc cr03/07t0Z~}
Ordinance No. N_S724_9'~ __
Page 35 of 49
Parking required is provided la Table B, and parking Provided Is detailed ca Table C.
Table B: Parldng Spaces Required
SQUARE RATIO PARKLNG SPACES
FEET
PHASE I:
EXHIBIT SPACEd
1 ST FLOORi 11,930 1 SPACE / 200 S.F. 11S
2ND FLOOR.! 11,164
23,904
5-D LASER THEATER
1 ST FLOOR 1,600 1 SPACE / 200 S.F.
DINING AREA
IST FLOOR 1,182 I SPACE / 200 S.F. 6
2OMPLrTER RM.
2ND FLOOR 870 3 SPACE ! 1000 S.F. 3
OF]rICES
2ND FLOOR 8,906 3 SPACE / I000 S.F. 27
PHASE II:
THEATER 275 I SPACE / 3 SEATS 92
SEATS
EXHIBIT SPACES
1ST FLOOR 11,180
2ND FLOOR 4,290
15,470 I SPACE / 200 S.F. 77
PHASE II OFFICE/WAREHOUSE: I
WAREHOUSE: IST FLOOR 6,394 I SPACE / 1000 S.F. 6
OFFICE: 2ND FLOOR 2,930 3 SPACE / 1000 S.F. 9
TOTAL REQULKED [ 343
INCLUDES 8 H.C. SPACES REQUIRED PER CBC TABLE 11 B-6 & SECT.
ll2~B.I)
Table C: Parking Spaces Provided
PHASE I EXISTING - SURFACE PARKING LOT 94 SPACES (Includes 8 H.C.)
~?qEW PARK/NO STRUCTURE - IST FLOOR 48 SPACES
NEW PARKING STRUCTURE - 2ND FLOOR 94 SPACES
NEW PARKING STRUCTURE - ~"RD FLOOR 96 SPACES
t",~EW PARKING STRUCTURE - 4TH FLOOR 15 SPACES
TOTAL'NEW PARKING STRUCTURE 253 SPACES (Includes 8 H.C.)
TOTAL PROVIDED 347 SPACES (Includes 16 H.C.)
_ Ordinance No. NS-2497
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4
ENVIRONMENTAL ANALYSIS
Section 15162 of the CEQA Guidelines provides the appropriate threshdds for a Lead Agency to
determine ~vhether a subsequent EIR is required fo: a minor change or addition to a project for which
an approved E[R or Negative Declaration has been prepared. Under that anal~is, no subsequent EIR
or Negative Declaratim shall be prepared fcr the project unless the Lead Agency (the City)
determines:
X
X
That substantial chants are made to the project that require major revisions of the previous EIR '
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified si~ifieant effects.
Substantial changes occur with respect to the circumstances under which the project is undertaken
that will require major revisions to/he previous EIR due to the involvement of new significant
environmental effects cra substantial increase in the severity of previously identified si~mificant
effects.
X New information of substantial in'portance, ~vhich was not known and could not have been known
with the exemise cf reasonable diligence at the time the previoui EIR was certified, shc~vs that (a)
the project Mil have one or more significant effects net discussed in the pre',ious EIR, or {b) that
significant effects pre',iously examined will be substantiallymore severe than as shown in the
previous EIR, (c) that mitigation measures er altemati~,~s that are considerably different frcra those
analyzed in the previous EIR would substantiallyreduce one or more significant effects m the
environment but project proponents decline to adopt the mitigation measure or altematbe, or (d)
that mitigation measures or alternatives that are cmsiderably different frcrn those analyzed in the
previous EIR would substantiallyreduee one or more significant effects on the environment but
project proponents decline to adopt the mitigation measure or altemati'~e.
The folloMng analysis has been prepared in acco-dance Mth the finding required in Section 15162 of
the CEQA Guidelines. The anal)sis is presented in the same order of environmental issues evahiated
in FE][R 96-01.
Land Use
Potential project-level and cumulative land use impacts asscciated xvith implementation &the DSC
project were evaluated in FEIR 96-01. Mitigation measures were included in FEIR 96-01 to reduce
potential land use irrpacts to a level considered less than significant. The proposed project, to increase
the amount of development area asseciated vdth DSC Phase II, would not change the type of land uses
permitted in SD65 or evaluated in FE1R 96-01. Implementation of the proposed project exceeds
maximum allowable development area permitted under SD65 but ~muld be offset with the reducticn in
the seating of the proposed theater frcrn 350 to 275 seats and would not result in newland use impacts
beyond the impacts previously analyzed in FEIR 96-01. The changes to the project would not result in
conflicts x~Sth other applicable planningpro~ams in the City of Santa Ann, nor would the proposed
request substantiallyincrease the sexer/ty of any land use impact identified in FEIR 96-01.
Ordinance No. NS-2497
HSROBB FILESX, a. mend I dsc revl.dcc ~{03,'07/02,~
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Transportation/Circulation '
PotentiaI traffic in-pacts ass~iated with the impIementation of the DSC project were adequately
evaluated in FEIR 96-01. Mitigation measures were identified in FEIR 96-01 to reduce potential
transportation impacts to a level considered less than si~ificant. The required traffic nitigation
measures fo' DSC have been implemented concurrent with the construction phasing of the project.
Certain mitigation measures for the Phase 11 project, such as the ingress and egress traffic ccntrols, xvill
be implemented, as allowed by the City of Santa Ans. In addition, a median in Main Place Dfi',e is
proposed as part of the project to prohibit left tums into and out of the proposed parking structure.
The increased de~,elopment area allmved through Phase II plans would not result in additional traffic
impacts, in that the increased development area is.offset by the loss of theater seating thereby resulting
in a similar amount of traffic trips that ~ould not exceed the traffic projections in
FEI;R 96-01. In addition, the area de',oted to theater lobby/corridors/stairv,~ys and common area has
been expanded, while the seatingarea has been reduced. The net square fmtage devoted to exhibit
space has also been reduced in the revised Phase II plans.
The proposed median in Main Place Drive prohibits left tums intothe proposed parking structure,
thereby facilitating circulatim within the project area ~ith no impact to traffic at blain Place.
Implementation of the proposed project would not generate additimal traffic xolumes that would'affect
the current and projected level of ser'~ice Mthin the project area be~,ond the impacts prexiously
analyzed in FEIR 96-01, nor would the proposed project substantiallyinerease the sexerity of any
transportation impact identified in FEIR 96-01. The demand for parking will be handled in the
proposed parking structure as calculated abo,'e. Based upon accepted parking calculations for the
reduced theater and net exhibit space, required purl/rig is 343 spaces (see Table B) and paring
provided is 347 spaces (see Table C). Therefore, there would be no additional impacts to parking
above those reported in FEIR 96-01. No new information has been available since preparatim of
FEIR 96-01 that would adversely affect the traffic anal3sis and enx'ironmental determinations made in
FE[R 96-01.
Air Quall .fy
Potential long-term and short-term air qualityimpacts and cumulative air quality impacts associated
with the implementation of the DSC project were adequately evaluated in FEIR 96-01. Nlitigation
measures xvere identified in FEIR 96-01 to reduce potential short-term air quality impacts to a level
considered less than si~tificant. Additionally, mitigation measures were included in FEIR 96-01 to
minimize long-term air qualityimpacts. FE1R 96-01 determined that the development of DSC would
result in una'~r>idable adverse long-term air quality impacts. The increased development area, off-set
by a reduction in theater seatingand increased space dexoted to storage and non-exhibit public
circulation space vAthin the DSC, allowed for in the DSC Phase II, would not generate additional
stationary source or mobile source long-term air quality impacts or short-term construction related air
quality impacts be2,ond the impacts prexiously analyzed in FEIR 96-01, nor would the proposed
project substantiallyincrease the severity of any long-!erin or short-term air quality impact identified in
FEIR 96-01. Addiiionally, no new information has been made available since preparation of FEl~. 96-
01 that ad~'erselyaffect the air qualityanal~,s[s and environmental determinations made in FE[R 96:01.
Ordinance No. NS-2497
Page 38 of 4i~iLESXAmcnd I dsc revl.dec ~,0~'07,02,, 6
?a'g__e b o[I t
Noise
Potential long-term and short-term noise impacts and cumulative noise impacts asscciated with the
implementation of the DSC project were adequatelyevaluated in FEIR 96-01. Mitigation measures
were identified in FEll?. 96-0 i to reduce potential noise impacts to a level considered less than
si~ificant with the exception of noise from piledrlving for the parking structure (if it is detenfined to
be necessary) and noise associated w'ith potential outside activities adjacent to the free~ay. The
increased de'~elopment area proposed for DSC Phase ~I would not result in additicnal noise impacts
beyond the impacts previously analyzed in FEIR 96-01 and would not substantially increase the
severity of any noise impact identified in FEIR 96-0 L Additionally, no new information has been
made available since preparation of FEIR 96-01 that would affect the neise analysis and environmental
determinations made in FE/R 96-01.
Geology/Soils
Potential geological and soil impacts asscciated with the implementation of the DSC project were
adequately evaluated in FEIR 96-01. Mitigation measures were identified in FEIR 96-01 to reduce
potential geological and soil impacts to a level considered less than significant. The projected height'
of the building housing the domed theater is 106 feet, ~hile the existingeube structure is 107 feet.
The increased de~,elopmebt area proposed for DSC Phase TI would not result in additicnal geologic or
soil impacts beyond the impacts previously analyzed in FE[R 96-01 and would not substantially
increase the severity of any geologic or soil impacts identified in FEIR 96-01, in that potential geologic
constraints associated with the project site are addressed in PER 96-01. Because the site is fiat and a
relatively small amount of soil excavation is necessary, implementation of the proposed project would
not involve the development of land uses or construction activities that ~muld increase the riskof
geologic impacts. Additienally, no new information has been made available since preparatim 0f
FEIR 96-0! that would adversely affect the geologic and soil impact analysis, n~tigation measures, and
environmental determ/nations made in FEIR 96-01.
Itydrology
Potential h}drOlogical impacts associated with the implementation of the DSC project were adequately
evaluated in FEIR 96-01. Mitigation measures were identified in FEIR 96-01 to reduce potential
hydrological impacts to a level considered less than significant. The increased dexelopment area
proposed for DSC Phase U would not result in additional hydrological impacts b%und the impacts
previously analyeed in FEIR 96-01 and would not substantlallyincrease the sexedty of any
h~,~rological impact identified in FEIR 96-01. There are no increases in surface v. ater runoff resulting
from the proposed development. All drainage would be accommodated by on-site drainage
improvements, as originallyproposed. Additionally; no new infom~ation has been made available
since preparatim of FEI:R 96-01 that would adversely affect the h)drologlcal impact analysis,
nfitigation measures, and en',ironmental determinations made in FEIR 96-01.
Cultural Resources
Potential project related and curmlative impacts to cultural rescurces asscciated with the
implementation ofthe DSC project were adequatelyevaluated in FEIR 96-01. Mitigation measures
were included in F£1R 96-01 to reduce project related in'pacts to cultural resources to a level
considered less than si~mificant. The increased development area proposed for DSC Phase TI would
Ordinnnn~ Kin
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not result in newimpacts bey)nd the impacts previOuslY analyzed in FEIR 96-01 and would noi' '
substantiallyincrease the se,.erity of any impact to cultural rescurces identified in FE~. 96-01.
Implementation of the proposed project ~vould not involve any activities that ~muld increase the risk
for significant impacts to known and/or unknown cultural rescurces. Additionally, no new information
has been made available since preparaticn of FEIR 96-01 that would adversely affect the cultural
resource anal)sis, mitigation measures and en'fironmental determinations made in FEIR 96-01.
Population/Housing/Employment
Potential project related and curmlative population, housing, and employment impacts associated with
the implementation of the DSC project were adequatelyevaluated in FEIR 96-01. FEIR 96-01
determined that implementation of the DSC project would not result in anysignificant population,
housing, or emplo)~ent impacts and v;ould result in an actual benefit tothe community. The
increased de',elopment area proposed for DSC Phase 1I would not result in new population, housing,
or employment impacts bey)nd the impacts previously.analyzed in FEIR 96-01 and would not
substantiallyincrease the sexerity of any population, housing, or employment impact identified in
FEIR 96-01, in that the amoun[ of potential employment opportunities ganerated by the proposed
project v.'ould not exceed the employment projections in FEIR 96-01. Additionally, no new
information has been made available since preparatim of FEIR 96-01 that would adversely affect the
analysis and environmental determinations made in FEIR 96-01.
Public Services and Utilities
Potential project related and cum. fiative impacts to public sen*ices and utilities asscciated with the
implementation of the DSC project were adequatelyevaluated in FEIR 96-01. FEIR 96-01 determined
that the DSC project would not result in significant impacts regarding the demand for natural gas,
electficity, telephone service, public transit, and schc~ls. Mitigation measures were included in FEIR
96-01 to reduce potential impacts to water sera, ce and cable service to a level considered less thai!
significant. FEIR 96-01, however, determined that implementation of the DSC project would not
result in significant impacts. The increased dexelopment proposed for DSC Phase II would not result
in new impacts to any public services or utilities bey)nd the impacts previously analyzed in FEIR 96-
01 and would not substantially increase the sexerity of any public sen'ice or utility impact identified in
FEIR 96-01, in that the public semite and utility demands associated with the proposed project would
not exceed the public ser',ice and utilitydemand projections established in FEIR 96-01. Additionally,
no new information has been made available since preparatioa of FEIR 96-01 that would adversely
affect the public senice and utilityimpact analysis, mitigation measures, and environmental
detemfinations made in FEIR 96-01.
Aesthetics/Light and Glare
Potential project related and curmlative aesthetic impgcts and shade and shadowy impacts asscciated
with the implementation of the DSC project were adequatelyevaluated in FEIR 96-01. FE[R 96-01
determined that implementation of the DSC project would not result in anysignificant aesthetic
impacts. Miti~mtion measures were included in FEIR 96-01 to reduce potential glare and li~ting
impacts to a level considered less than sigaificant. The projected height of the building housing the
domed theater is 106 feet, v. hile the existing cube stn.~cture is 107 feet. The proposed project would
not result in new aesthetic impacts or shade and shadow impacts be)x>nd the impacts previously
- OrdL~ance No. NS-2497
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Page 40 of 49
Pag~-S of 17
anal~ed in FEIR 96-01 and wouki not substantiallyificrease the severity of aesthetic impact or'~hade
or shadow impact identified ia FE1R 96-01, in that the increased development area allowed under the
proposed project would be designed to avoid potential aesthetic impacts. Additimally, no new
information has been made available since preparatim of FEIR 96-01 that would adversely affect the
aesthetic impact anal~sis, effecti',eness of mitigntion measures, and the en~iromnental determinations
made in FEIR 96-01.
Public Health and Safety. Hazards
Potential project related and cumulative public health'and safetyimpacts associated with the
implementation of the DSC project were adequatelyevaluated in FEIR 96-01. FE[R. 96~01 determined
that implementation of the DSC project would not result in any significant public health and safety
impacts. Mitigation was added to the project to avoid any potential effects fran use of uncontrolled
hazardous materials. The proposed project would not result in newpublic health and safetyimpacts
beyond the impacts pre'~iously analyzed in FEIR 96-01 and would not substantial lyincrease the
severity of any public health and safetyimpact identified in FEIR 96-01, in that the proposed project
would not involve any activities that xmuld subjec~ the public topublic health and safetyimpacts.
Additionally, no new information has been made available since preparatkn of FEIR 96-01 that would
adversely affect the public health and safetyimpact analysis and environmental determinations made in
FEIR 96-01.
Relationship Bet~veen Short-Term Uses of the Environment and the Maintenance and
Enhancement of Lon~Term Productivity/Significant Improvements Environmental
Changes
FEIR 96-01 analyzed the DSC project% relationship between short-term uses of the environment and
the maintenance and enhancement of long term productivity of the environment. FEI~ 96-01 found
that the proposed project would also result in longqerm impacts that affect rnly the site and ha,,e no
off-site ramifications. These would include building the parking structure in the floodplain and having
patrons subjected to noise from the I-5 Freexvay. The proposed project would contribute cumulatively
to air emissions and area traffic, bah of ;vhich would not be able lobe completelymltigated and could
have a long-term impact on air quality. FEII~. 96-01 determined that DSC provided a balance bet',~,een
short-term use of the land and the ling term maintenance and enhancement of the environment. The
increased dexelopment area allowed on DSC Phase II would not result in additional impacts beyond
the impacts previously analyzed in FEIR 96-01 and would not increase the severity of any impact
identified in FEIR 96-01.
Irreversible and Irretrievable Commitments of Energy/Significant Irreversible
Environmental Changes
FEIR 96-01 determined that the de,,elopment of DSC'would not result in the irre;ersible and
irret~emble commitments of enact. Implementation of the project would modifyexistingstructures,
and new structures xmuld be built. Additionally, the site would be paved and traffic circulatim
improvements added.
Implementation of the project also represents a long-term commitment of the land to a museum type
use conmfitment, of energy resources, in the form of fossil fuels and natural ~s for center construction
Ordinance No. Ng-24.q7 __
H:kROal~ClLES¥~mcnd I d~c r¢~-l.dcc ~03/07~2~, Page 41 of 49
pa~¢ 9 of 17 ....
and operation, and gasoline used for patron vistts. Re increased dexelopment area allowed on DSC
Phase II would not result in new comraitments of energy beyond the impacts previously analyzed in
FEIR 96-01 and would not substantiallyincrease the cmmaitment of ener~ identified in FEIR 96-01,
in that the proposed project does not invob'e any new activities that smuld require significant new
commitments &energy. No new information has been made available since preparatim of FEIR 96-
01 that would result in greater commitments of irreversible or irretriexable le,,els of ener~'.
Growth Inducing Impacts
Potential growth inducing impacts associated ~vith the'development of DSC were adequatelyanalyzed
in FEIR 96-01. FEIR 96-01 determined that the development of DSC would not result in significant
growth-inducing impacts. The project is considered to be a focused use for weekday patrons; visitors
are expected to generally come to the oenter solely to experience science e.'chibits and are ~enerally not
expected to take side trips toother area uses. This is espeeiallytrue given that the classes ~ill arrive
by school bus. During weekends, families may visit the Main Place shopping oenter and/or other area
facilities. The project vdll help to foster development of a museum district and prcperty
redevelopment because the site itself is beingredeveloped. Also, while the project exists in an '
urbanized area that is lately built out, the proposed project may indirectlyspur future complimentary
commercial development in the Cityof Santa Aha Redevelopment Project area. The increased
development area allowed on DSC Phase lq would not result in new ~owth inducing impacts be)xmd
the impacts previously analyzed in FEIR 96-01 and would not substantiallyincrease anygrow~h
inducing impact identified in FEIR 96-01. Additionally, no new information has been made available
since preparation of the FEIK 96-01 that would affect the gro~vth inducing impact anal~,sis,
effectiveness of mitigation measures, or environmental determinations made in FEIP,. 96-0 I.
DETERMINATION
Based upon the evidence in light of the whole record documented in the above evaluation and cited
references, the Cityof Santa Aha finds and deterr~nes as follows:
(1) No substantial changes to the project analyzed in FEI[P,. 96-01 are proposed by the proposed project.
that require major revisions to FEIR 96-01 due to the involvement of new significant
environmental effects er a substantial increase in the se,erity of previously identified significant
effects;
(2) No substantial chants shall occur as a result cf the proposed project v~th respect tothe
circumstances under ~hich the project analyzed in FEIR 96-01 is undertaken that MIt require
major revisions to FEIR 96-01 due to the involvement of new significant environmental effects cr
a substantial increase in the severity of previously identified sigxdficant effects; and
(3) The proposed project presents nonew information of substantial importance that x~s not known,
and could not have been known with the exercise.of reasonable dili~nce, at the time FE[R 96-01
was certified, shewing that (a) the proposed project will have one or more significant effects net
discussed in FEIR 96-01, or (b) that significant affects preqously examined will not be
substantiallymore severe than as shown in FEIR 96-01, or (c) that mitigation measures or
altemati',es that are Considerably different from those anal3,zed in FEIR 96-01 would substantially
reduce one or more significant effects m the enviroranent but Project proponents decline to adopt
the mitigation measure or altematixe or (d) that mitigation measures or alternatives that are
considerably different fran those analyzed in FEIR 96-01 would substantiallyreduce one or more
Ordinance No. NS-2497
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5'lelLES~Amend I dsc revl.d~ ~{0~/07/02.
P~ge-'lO of 17-
significant effects oa the environment but Project Proponents decline to adopt the miti~tion"
measures or alternatbes; and
(4) The Project is consistent with and conforms to the City General Plan and SD65, as an'ended.
In sum, the proposed project would not result in new enviromnental impacts or substantiallyincrease
any environmental impact identified in FER 96-01, and no new information has been made available
since preparatim of FEIR 96-01 that would result in newor greater environmental impacts. I thcraby
determine that thc proposed project is adequatelyaddressed in FEIR and is consistent with Section
15162 of thc CEQA Guidelines. This analysis provides thc updated cm~ironmental analysis of an
Addendum to FEIR 96-01. All mitigation measures in FEIR No. 96-01 apply to the proposed project,
and are heresvith included in this Addendum, Atta~luncnt A.
City of Santa Aha Environmental Coordinator
REFERENCES :
Final Environmental Impact Report 96-01 DSC, James and Stokes, 1997.
City of Santa Ann General Plan.
California Environmental QualityAct CEQA Guidelines, as amended.
Public Resources Code Section 21083.3.
H:\ROBI~,FILES~Amcnd I dsc rcvl .dcc ~{03/07/02},
Ordinance No. N_S;2~97-
Page 43 of 49
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ATTACHNIENT A
FEIR NO. 96-01
I~IITIGATION MONITORING AND REPORTING PLAN
Ordinance No. NS-2497
Page 44 of 49
'~H.ESL~ncnd I dsc rcvl.doc ~13/7/03,
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O
,~0~
m Z
ATTACHMENT A
MITIGATION MONITORING AND REPORTING PLAN FOR THE ErR FOR THE DEVELOPMENT OF TIlE
DISCOVERY SCIENCE CENTER IN TIrE CITY OF SANTA ANA
{
Measures I Timing of~mplementation/
Verification ] Meth°d ~f Yerificnti°nI ll.e,pons~ble Par tie,
Millf. allon
Verificntton ReSponsible Pnrlle~
m Z
Timing of Implementation!
Mit;g.qUon Mensures , Verificatlon
Responsible Parries
r