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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 ARO DISCOVERY SCIENCE CENTER ~]ITECTOiV.~CA DISCOVERY SCIENCE CENTER PHASE II F-.XP.~N$10N PHASE II A - PARKING STRUCTURF-/OFFICE/I~AREHOUSE DISCOVERY SCIENCE CENTER PHASE I! EXPANSION PNASE Il A - p~RKINO $TRUCTURE/OFFICE/IAfAR£1tOU$E SITE PLAN REVIEW SUBMITTAL - DP NO. 00-049, ER NO. Ob rE9 SURVEY PLAN - PROPERTY IJNES ECTONICA DISCOVERY SCIENCE CENTER PHASE 11 EXPANSION PHA~E*II A - PARKINQ 8TRUCTURE/OFFICE/WAREHOU~E PHASE II B - THEATER/EXHIBIT8 alTE PLAN REVIEW 9uBMn'TAL - DP NO. 00-049, ER NO. 00-t69 ARQ jo; DISCOVERY SCIENCE CENTER PHASE Il EXPANSION PHASE Il A - PARKINQ 8TRUCTURE/OFFICE/~NAREHOUSE PHASE I! B - THEATER/EXHIBITS 81TE PLAN REVIEW SUBMITTAL - DP NO. 00-049, ER NO. 00-169 81TE PLAN - PHASE II A MAIN STREET EXPANSION \ \ \ 0 m Z QUITECTONICA DISCOVERY SCIENCE CENTER PHASE I~ EXPANSION PHASE II A - PARKING STRUCTURE/OFFICE.'~41ARFHOUSE SITE Plan REVlEY~ SUBMITTAL - DP NO. 00-049, ER NO. 00-169 · E~t~T~NG BUILDING' .( r. FRO~'OSED: E~AN~ ~N ' E3~'3~NGI DA'rE, pALMs · ..--PROTEC~ IN ,PLACE. TYP. -- ,EXISTING DATE'pALMS TO · · .BE RELOCATED;TYP. · ~s~Ne ~Xs. P.OT~CT ': ~ "IN PLACE, TYP, . ' ' ' -- O.AK'mEE: N.._EW t. OCgnON.'n'P. ~L. qCATED, TYP, SCOVER~ SClEN CE'CENTER· ~ S~ P~ ~l~ SU~M~- DP NO. ~9~ ER NO. ~t8~ ' P~S~, ~P~S~. . '.. I · ,' · · · , PHA~E II k - PARNING STRU~R~OF~ CE~AREHOUSE I ~NDSCAPE CONCEPT P~N ' ' -- PHASE II B - THEATE~ ~ITS [ __ - ~ ~ ) PALMS TO RE[%4A. IH. TYP. : BROADWAY AROUITECTOHICA DISCOVERY SC ENCE CENTER [ ,~IT~Pt..'~REVlE'WSU~Un'TAL-Or'HO. GGO49. ERUO,,0O-lG~ PHASE II EXPANSI~ P~ASE . n * TH~A~R~XHmS~S z DOC/( WAP~IOUSE ARQ BROADWAY ST. DISCOVERY SCIENCE CENTER PHA$£ II EXPAN.glON THIRD FLOOR PLAN ~ITECTONICA SECOND FLOOR PLAN DISCO VERY SCIENCE CENTER I SITE PI. AN I~EVIB/~ SURMITTAL - DP NO. 00-049, ER EO. 00-169 I PHAAE ~PAN$ION. I SECOND TO T. fRD FLOOR P~NS - PHASE/I ~ . ~ ~ P~A~E R A - PARKING STRUCTURWOF~C~AREHOUEE -0o EAST KLKVATION-13ROADWAY STREET OVERPASS SOU1H EL~VA~ION-~'HICULAR,/PEDESTRIAN BRIDCE ~ NOR~'~ ELEVATION-MAIN PLACE {)RIVE ARQ /tRQUITECTO~ICA DISCOVERY SCIENCE CENTER PHASE II EXPANSION SITE PLAN REVIEW SUBMITTAL o DP NO. 00.049. ER NO. 00.169 · W...y:/..<,' ~ "'"'~ ..... DISCOVERY SCIENCE CENTER s~ ~ ~ PHAEE II A . PARKING STRUC~R~OFFIC~AREHOUEE ~RST FLOOR -09 ARQ ARQUi'TECTONICA DISCOVERY SCIENCE CENTER o~ ~ DISCO VERY SCIENCE CE~ER s~ ~M~ t~ $U~L - DP ~o. oo.o~, ~R ~0. o~ 1a9 TECTONICA . PHAS~//~PAN$/ON · ~0 t t ARQUITECTONICA DISCOVERY SCIENCE CENTER PHASE I1 EXPANSION' SITE PC4AI REVIEW SUBMITTAl. - DP NO. 00-049. ER NO. 00- f~9 PROJECTION MI~Z~tVII~. PHA$£ Il J 0 IUITECTONICA ,Q DISCOVERY SCIENCE CENTER PHASE II EXPANSION PHASE II ,4 - PARKING STRUCTURE/OFFICE/i/VAR£HOU$£ SITE pLAN RE~IEW SUBMITTAL - DP NO. 00-04~. ER ARQ ARC~UrTECTON_ICA DISCOVERY SCIENCE CENTER PHASE # EXPANSION 0 ~Z o~ r) DISCOVERY SCIENCE CENTER PleASE I! EXP~4N$10N PHASE I/ ,,1 - PARKING STI~UCTU,qE/OFFIC£./iA/AIT£11OU$£ SCIENCE PARKIN~ STRUCZUR£ 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 Page 36 of 49 ~'FILES~.mcnd ! dsc rcvl.dcc 1~03/0?/0b, Page4"6fl7 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,~ Pae~5 ofl7 Page ~7 o~-49 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 H:~P-OBD~ILES~,Amend I dsc rcvl.doc ~03/07/02,~ Page 39 of 49 ' Page~7 ot 17 - 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 8 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 Page 42 of 49 ] 0 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 Paeellofl7 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, Page 12 of 17 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