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Home My WebLink About75C - 2001 W. MACARTHUR BLVD REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 19, 2004 TITLE: PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 2004-02 AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002- 16 FOR THE CHRIST OUR SAVIOR CATHBDcr;:n :f . tZ CITY MANAGER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1st Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Development Agreement No. 2004-02. 2 . Adopt a resolution approving the amendment to Conditional Use Permit No. 2002-16. PLANNING COMMISSION ACTION On June 28, 2004, the Planning Commission recommended that the City Council adopt an ordinance approving Development Agreement No. 2004-02 and adopt a resolution approving the amendment to Conditional Use Permit No. 2002-16 for the Christ Our Savior Cathedral Parish project located at 2001 West MacArthur Boulevard by a vote of 7: 0 (Exhibit A). Additionally, given the long-term construction timeline of the project, the Planning Commission added a condition of approval requiring the entire perimeter of the project be landscaped. FISCAL IMPACT There is no fiscal impact associated with this action. S~::.J~ding Executive Director Planning & Building Agency VF:rb reports\DA04-2&CUP02-16.cc 75C-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: JUNE 28, 2004 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 2004-02 AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002-16 FOR THE CHRIST OUR SAVIOR CATHEDRAL PARISH APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Vince Fregoso #~¿~~cto, ~g Maoage, RECOMMENDED ACTION Recommend that the City Council 1. Adopt an ordinance approving Development Agreement No. 04-02. 2. Adopt a resolution approving the amendment to Conditional Use Permit No. 02-16. DISCUSSION Request of Applicant The Roman Catholic Diocese of Orange is requesting approval of a development agreement and an amendment to an existing conditional use permit in order to facilitate the construction of a 2,650-seat parish and a 100,000 square foot cathedral complex at 2100 West MacArthur Boulevard. Since the conditional use permit will expire in October 2004, the development agreement is intended to permit an extension of time for the construction of the Cathedral parish. Property Description The Christ Our Savior Cathedral Parish site is a 16-acre parcel of land situated within the 90 acre Armstrong Ranch development. The subject site is currently vacant but had been utilized for agricultural purposes until the past few years. The parcel is generally bordered by MacArthur Boulevard to the south, Greenville Street to the west, Alton Avenue to the north and Bear Street to the east. 75C-2 Development Agreement No. 2004-02 Conditional Use Permit No. 2002-16 June 28, 2004 Page 2 The subject site is zoned Specific Development No.4 (SD-4) and has a General Plan Land Use designation of Low Density Residential (LR-7), which permits single-family development at a density of seven units per acre. Surrounding land uses include single-family residential and an elementary school to the north; an elementary school, single-family and multi-family residential to the south; the Shea Homes residential development to the east; and Segerstrom High School (under construction) to the west (Exhibits 1 and 2) . Project Description The Roman Catholic Diocese of Orange is planning the construction of a new Catholic cathedral. The project will include the construction of a 45,000 square foot, 2,650-seat cathedral; a 30,000 square foot parish hall; and a 24,000 square foot administration/residence building. To accommodate the various uses on the site, a total of 922 parking stalls are provided for the project. Although an architectural design is included in the development package, the Diocese is still exploring the option of a national or international design competition for the cathedral (Exhibits 3, 4 and 5) . Analysis of the Issues On October 7, 2002, the City Council approved various entitlements for the Armstrong Ranch project site. Included in these entitlements was Conditional Use Permit No. 2002-16, which allowed the construction of the Cathedral parish. Since that time, the Diocese has focused on fundraising for this project as well as the completion of other development projects, resulting in construction delays for Christ Our Savior. Section 41-647 of the Santa Ana Municipal Code (SAMC) states that conditional use permits become void after two years if no action has been made to build on a property. Since the conditional use permit is due to expire in October 2004, and the Diocese has no immediate plan to commence construction of Christ Our Savior, the Diocese is requesting approval of a development agreement. Given that this represents project, staff has met with attached development agreement the agreement include: a continuation of an already approved Diocese representatives to prepare the (Exhibit 6). The primary deal points of 75C-3 Development Agreement No. 2004-02 Conditional Use Permit No. 2002-16 June 28, 2004 Page 3 1. Allowing the Diocese the right to build the project as entitled for a period of 12 years, with one three-year extension; 2. Requiring the installation of public art prior to the issuance of a certificate of occupancy for the Cathedral building; 3. Establishing a value of no less than $250,000 for the public art piece; and, 4. Amending the undercroft. project to include the construction of an The construction of the undercroft will require the approval of an amendment to Conditional Use Permit No. 2002-16. The 45,000 square foot undercroft, to be located in the church basement, will provide entombment facilities for past and future Bishops of the Diocese of Orange. It will also serve as the final resting place for any other clergy from the Diocese who wishes to be interred at the Cathedral. Further, entombed facilities will be available for those parishioners from the Diocese who also choose to be buried in the Cathedral. The proposed undercroft is a common Cathedral facility and will be similar to the facility found at the recently completed Cathedral in Los Angeles. Adverse impacts generally associated with churches in Santa Ana (noise, traffic and parking) were studied in the Armstrong Ranch EIR, with numerous conditions of approval incorporated into the project to further reduce potential impacts on surrounding neighborhoods. These conditions, including the construction of an eight-foot high block wall along the east property line and restricting the uses allowed at the church to different hours, are intended to prevent negative impacts before they occur. The cathedral parish is consistent with the Land Use Element of the General Plan as the facility would contribute to the development of balanced land uses in the area, will provide a needed service to the communi ty and would improve the character of the surrounding neighborhood. Approval of the development agreement and amended conditional use permit is intended to ensure the construction of a quality Cathedral parish in Santa Ana. As a result, staff recommends that the Planning Commission recommend that the City Council approve Development Agreement No. 2004-02 and the amendment to Conditional Use Permit No. 2002-16 as conditioned (Exhibits 7 and 8) . 75C-4 evelopment Agreement No. 2004-02 Conditional Use Permit No. 2002-16 June 28, 2004 Page 4 CEQA Compliance No further CEQA action is required for this proj ect. Any potential environmental impacts related to the development agreement have been analyzed and will be mitigated as identified in the Armstrong Ranch environmental impact report (EIR No. 00-1), which is available for review upon request. A)~ Vince Frego 0, Senior PI ann VF:JM reports\DA04-2&CUP02-16.pc 75C-5 R1 "u R1 R4 I __......i -"'"":..~I "',-~_.....-=" j R4 ==::::::.~-:::::...... .....=.! I A1 R2.PRD cs R3 A1 -6 a-SM C' C1-MO C2 C3 C3-A C4 C5 A ,. = 1000 FEET ~ R1-PRO R1- PRO . R1-PRO I\'ffi~ K"a: A1 ) 0 f Q Q C4 l ~ R1 ~ R1 I R1 ~ ¡ I > C1 R1 'R1 R1. 1 i -"- --I t Ij C1 í -' R4 ¡ R1.PRO SO- 46 ~ A1 ê A1 " i . . A1 0 A1 " i ~ I A1 R1 R1 R1-PRD ^, RI- PRO RI- PRO A1 ALTQHAV. " SO-4 ¡ I I ~ >-' "' ~ SO-s ~ g "' i!: " SD-51 MAC ARTHUR BL. SO-6 '- R1-PRO C4 SO-4 SQ-4 R1 ! t~::'':---,\ , " I II SD.44 I ¡..: ~ ¡;-<~.~ / Ë ", 1\ ~ " \ ! --:----.2 PROJECT -~ ~ = ¡ ~ 1° i . ~ i ~ 578.0111' II r;--'~\ I;====~':..-------"''''\ I, \~\ II .,../ ~I ~ 1- I \\ III It ,I II R1-PRD II _..!: 50-7: : I.:::,'-} (,,-_J: R4 -ì' t If ---11 II III II \' I1II II I' II II (; II '::=1/ II II JI It II II i C2 C i t Y GENERAL AGRJCUL TURAl PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMEACIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL R4 ~ ---------- ---------- 1042'~ CR II Co s t a Me s a CA GC M' M2 MO 0 P PCO PAO R, R2 R3 R' AE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT DA 04-2/ CUP 02-16 CHRIST OUR SAVIOR CATHEDRAL PARISH 2001 WEST MAC ARTHUR BLVD. A 6V' - - = 5DO FEET p A y L N N N G A N D 8 U I EXHIBIT 1 75C-6 L D N G A G E c N ¡..: UI ~~Q ~~ R 51 ENT A I E N I A L g , I I J \..' ALTON AVE. FUTURE HIGH SCHOOL RESIDENTIAL MAC ARTHUR BLVD. " C 0 ¡ iN : I /-~-- I, "(''--'''''----'', \ ¡..: GREENVILLE rn SCHOOL ~ :;¡: a: A p LAN N I I I I I I CON I I I I ,------------_/ '------------- , , 0 0 0 5 0 DA 04-2/ CUP 02-16 CHRIST OUR SAVIOR CATHEDRAL PARISH 2001 WEST MAC ARTHUR BLVD. N G A N 0 B U L 0 N G A G EXHIBIT 2 75C-7 ¡..: UI '" t- " '" ~ t- O: '< "- '< a: <I: w m 5 rCONOOS A r!Jt E N C y = PLANTIN6 LE6END =,J ~~I ~ ~ Ib~STll<"'!m>l'>."'TI~Lsrre ¡ ~ ~-- @~ :::...~ @ ==..-~ 0 -- 0 ~-=-'«.eeoo ~ ........o.oG=--- $---.. ~ '"',',,' -- -- -........." ~. --- - ,_¡;Q'ancA""""""'" -..s~~T'" --- ........,.,.~...~ - --~c.-.-r ..no,w.-- ~ -.- ~~-..".øes ""'T""""~'''''''' ~"""""""'~þ, - lJlSE 8OT..,¡o........- ~-~....._, ~~~~III,U! --, ~- .. - ~.- ~- ~.- -, ""'''''~ ~ re,.",- ~--- -...- CoWmGUI.......""" ~.- u.Y""""'''iJ! - -~- OA' ~Lr ~ _~1ø.o.>e::t;1 - -- ~-- -~ ...... - ""'" .......~...... ......,.,.....-....... - --, ~ " I .~.. 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I ~F""-cc './ !~~~::~ii~ ':J :'t: " . . ),'~fi'~'~h; i'FLQÓÍtPLA4'í¡ --;~;J1. ~~;~;~ ,~¡ On'kN:n'I:':' CORCORAN, ~,"',;:~¡r~~£I_~"'A.ichH .ture and PI.ßnn'ä~ ./!~~~j.(:~;<L~~~/",,&A,S~_(:~?;~~---,~~'" 't,":,-'-'''''''J''t''~: ;'.'¡Ä.:'" , e, '" , "'-~' /l .¡~~:f~ ..... 7~~~1ß r CATH,p.~¡p;\ms~;,e;,'f'¡F\,n/ ROMj\N,ç:í\TIIOLIEDI M.\tARTHURBOUI.$,V~-W/'FÅèANÃ,:~~~ ,', "75Cf9-'" @' ' ... ' .... ," ,." ~'.~I"'~' .~ .",' ~ ';..'''''~; , ", '''";..;;.'' G 8 N ...... ~ E: '"' -. ... z ~ ::¡: ... '- - , .. ... - . "[ " '- .. '- - .:: ," " \.. .., - ... .. - !- ~ < .. '- < ,.; '-- .. '" :::I: ...' ," .' ,..t" Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 . Santa Ada, California 92702 RECORDING REQU AND WHEN ''- . '. 'd. " . . DEVELOPMENT AGREEMENT BETWEEN THE city OF SANTA ANA AND THE ROMAN CATHOLIC BISHOP OFORANGE This Development Agreement (the "Agreement") is entered into between thåCity of Santa Ana, a charter city (the "City"), and The Roman Catholic Bishop of Orange,a corporation sole ("Owner"). The City and Owner shall be referred to jointly within this Agreement as the "Parties." 1. RECITALS. This Agreement refers to the following facts: 1.1. Statutory Authorization.. The City is authorized pursuant to Government Code Sections 65864through 65869.5 to enter intò development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. The City enters into this Agreement pursuant to those provisions of the Government Code and applicable City policies. 1.2. Owner. Owner has a legal or equitable interest in the real propertY lOcated within the City and described on Exhibit A to this Agreement (the "Property"). Owner desires to develop the Property with a 99,000 square-foot, 2650-seat church facility to serve as a parish church and Cathedral, a Bishop's residence, campanile (bell tower), halls, meeting rooms, day care and preschool facilities, and offices, and an approximately 45,000 square foot undercroft (collectively, the "Project"). The Project has received its needed entitlements from the City as of the effective date of this Agreement (the "Effective Date"). The approved Site Plan for the Property is attached as Exhibit B. 1.3. Purpose of Agreement. This Agreement is intended to assure that: a. Owner has a reasonable time in which to complete the Project as approved by the City as of the Effective Date. 70020313.6 6/14/04 75C-11 b. The City wHl receive benefits for entering into this Agreement which exceed those which the City could re.~§Qn?bly hcwe required as conditions of approval to the Project. c. By providing greater assurances for the completion of the Project, the attainment of goals and objectives reflected in the City's General Plan, applicable Specific Plans, and Specific Development District No.4 will be facilitated. 1.4. Planning Commission - Council Hearings. On . 2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On , 2004, the City Council of the City of Santa Ana (the "City Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5. Council Findings. The City Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, pOlicies and regulations of the City. 1.6. City Ordinance. On Ordinance No. becomes effective on , 2004, the City Council adopted approving this Agreement. The ordinance 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1. "Agreement" refers to this Development Agreement and any lawful amendments or modifications to this Development Agreement. 2.2. The "City" refers to City of Santa Ana, a charter city. 2.3. The "Effective Date" means the date on which the ordinance approving this Agreement becomes effective. 2.4. The "Existing Approvals" means all site-specific permits, approvals, and other land use entitlements which (1) have been approved and are effective on the Effective Date and (2) pertain to the Property. Existing Approvals include, but are not limited to, Conditional Use Permit No. 2002-16, Vesting Tentative Tract Map No. 02-03, and Site Plan Review No. 2002-06. 2.5. The "Existing Regulations" means all rules, regulations, ordinances, resolutions, official policies, and other general enactments of the City which (1) are effective on a citywide basis as of the Effective Date and (2) apply to the Property. 70020313.6 6/14/04 2 75C-12 2.6. The "Project" means the construction of a a 99,000 square-foot, 2650-seat church facility to serve as a parish church and Cathedral, a Bishop's residence, campanile (bell tower), halls, meeting rooms, day care and preschool facilities, and offices, and an approximately 45,000 square foot undercroft. The Project also includes compliance with conditions of approval set forth in the Existing Approvals and any project modifications which are permitted under the Existing Approvals or are approved in the future by the City. 2.7. The "Property" means the real property described on Exhibit A and referred to in Exhibit B, consisting of approximately 16.141 acres. 2.8. "Owner" means The Roman Catholic Bishop of Orange, a corporation sole, and his successors and assigns. 2.9. "Public Art" refers to the single piece of public art discussed in Section 5.8 below and in Exhibit C. 2.10. "Public Art Program" means the conceptual program for the design and siting of the Public Art as shown on Exhibit C. The Public Art Program sets forth the general description of the location of the Public Art and is subject to refinement at the time of installation by mutual agreement of the Owner and the City's Executive Director of Planning and Building. 2.11. The "Term" refers to the term of this Agreement as set forth in Section 4.2 below. Additional defined terms pertaining to specific sections of the Agreement are denoted within quotation marks and parentheses. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Description Referred to in Section A Legal Description of the Property 1.2 B Site Plan 1.2 C Public Art Program 2.10,5.8 4. GENERAL PROVISIONS. 4.1. Property Subject to the Agreement. During the Term or until released pursuant to Section 8.4 below, no portion of the Property shall be released 70020313.6 6/14/04 3 75C-13 from this Agreement until Owner has fully performed its obligations under this Agreement. 4.2. Term of Agreement. The term of this Agreement (the "Term") shall commence on the effective date of City Ordinance No. as set forth in Section 1.6 above. The Term shall end on the 1 ih anniversary of the Effective Date unless the Agreement is terminated or modified sooner as may be allowed by this Agreement. The Term may be extended for three years by the Executive Director of Planning and Building if Owner has provided to City notice of its intent to proceed with the Project within the extension period and is in compliance with the terms of this Agreement. 4.3. Extension of Existing Approvals. All Existing Approvals shall be deemed extended for the duration of the Term. 4.4. Assignment. Owner may transfer or assign the Property, in whole or in part, to any person or entity (public or private) during the Term (an "Assignee"). Any transfer or assignment of the rights under this Agreement (an "Assignment") shall include the assumption of the duties, obligations, and liabilities arising from this Agreement with respect to the portions of the Property assigned or transferred. The recordation of this Agreement shall serve as notice to the Assignee of this requirement. a. During the Term, any Assignee shall perform all of Owner's obligations under this Agreement to the extent that those obligations pertain to the portion of the Property assigned. All Assigns shall have the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to an Assignee for development in accordance with this Agreement. Upon an Assignment, the obligations of Owner and the Assignee shall be joint and several. 4.5. Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the Parties, as provided by Government Code Section 65868. 4.6. Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by either of the Parties, subject to the provisions of Section 7 below. 4.7. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability for construction-related activities arising from the Project, including claims for personal injury and property damage, which may arise from the direct or indirect operations of Owner or its contractors, subcontractors, agents, employees, or other persons acting on their behalf with respect to the Project (collectively, "Claims"). Owner agrees to pay all costs for the defense of the 70020313.6 6/14/04 4 75C-14 City and its officers, agents, employees, consultants, special counsel, and representatives against any such Claims. This hold harmless agreement shall not apply to Claims, or portions of Claims, arising from the negligent or intentional acts of the City and its officers, agents, employees, consultants, special counsel, and representatives. Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City and agreeable to Owner, regarding any action by a third party challenging the validity of this Agreement or of any of the Existing Approvals. City may make all reasonable decisions with respect to its representation in any legal proceeding, provided that Owner shall have no liability for the payment of any settlement amount to which Owner has not agreed. 4.8. Binding Effect of Agreement. Subject to Section 4.4 above, the burdens of this Agreement bind, and the benefits of the Agreement inure to, the Parties' successors in interest. 4.9. Relationship of the Parties. The contractual relationship between City and Owner arising out of this Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.10. Notices. Any notice, tender, demand, delivery, or other communication required by this Agreement shall be in writing (collectively, "Notices"). Notices shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section. To be effective, Notices must be sent to the following persons: a. If to City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 70020313.6 6114/04 5 75C-15 b. If to Owner, to: The Roman Catholic Bishop of Orange, a corporation sole P.O. Box 14195 Orange, California 92863 AUn: Bishop Tod D. Brown Telefacsimile: (714) 282-3029 and Tim Paone Manatt, Phelps & Phillips, LLP 695 Town Center Drive, Fourteenth Floor Costa Mesa, California 92626 Telefacsimile (714) 371-2550 A Party may change its address by giving notice in writing to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. If sent by mail, Notices shall be effective or deemed to have been given three (3) days after deposit in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, Notices shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends and federal, state, county, and City holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1. Rules, Regulations and Policies. Except as expressly provided below, the rules, regulations and official policies governing the permitted use(s) and density of the Property, and the conditions which may be imposed on the Project, shall be those set forth in the Existing Regulations, as further limited by the Existing Approvals. 5.2. Permitted Use, Density, and Intensity of Use; Rate and Amount of Growth. Recognizing the California Supreme Court's decision in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, the Parties agree that Owner shall have the right to develop the Project in such order and at such rate and at such times as Owner deems appropriate in its own business judgment. Except as so provided, the City's right to enact police power regulations on matters not covered by Section 5.1 of this Agreement, including regulation of the rate and amount of growth, is not limited by this provision. 5.3. Design and Construction Standards and Specifications. The design and construction standards and specifications for any construction within the 70020313.6 6/14/04 6 75C-16 Project, including the Public Art, shall be those in effect at the time that application is made for building permits for that construction. 5.4. Maximum Height and Size of Structure. The maximum height and size for all structures shall be as provided in the Existing Approvals and the Existing Regulations. 5.5. Future Discretionary Approvals. Should Owner request new or modified discretionary approvals for the development of the Property which do not alter the proposed density or intensity or use of the Property, the City may apply rules, regulations, and policies which are applicable to all property within the City and adopted after the Effective Date ("New Regulations"), provided they do not alter the density or intensity or use of the Property or limit the timeframe within which Owner may complete the Project. Such New Regulations may include, but are not limited to, changes in the general plan, specific plans, zoning, and subdivision or building regulations. Except as to matters of density, intensity, and use, this Agreement shall not prevent the City from denying or conditionally approving any subsequent Owner-initiated applications for land use entitlements based on such New Regulations. In addition, this Agreement shall not prevent the City from the legitimate exercise of its police power to protect the health, safety, and welfare of the public. 5.6. Processing Fees. Notwithstanding Section 5.1 above, the Project shall be subject to any fees and charges intended to cover actual City costs directly associated with processing development of the Property (collectively, "Processing Fees"). These Processing Fees may include, but are not limited to, fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review. Only Processing Fees which could validly be applied to other projects within the City may be applied to the Project. Owner shall retain all fee exemptions or waivers to which it is otherwise entitled by law due to its status as a religious organization. 5.7. Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (collectively, "General Fees") adopted by the City after the Effective Date. General Fees shall be applicable to the Project or the Property only if they (1) are standard fees applicable to all development and property within the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate, offset, or compensate for Project impacts which were analyzed in the Project's environmental impact report or (b) duplicate any project design features, conditions of approval, agreements, or mitigation measures contained in the Existing Approvals or this Agreement. Owner shall retain all fee exemptions or waivers to which it is otherwise entitled by law due to its status as a religious organization. 70020313.6 6/14/04 7 75C-17 5.8. Work of Public Art. In consideration for the benefits set forth in this Agreement, Owner shall include within the Project a work òf Public Art (the "Public Art"). The Public Art shall be designed, installed, and located in compliance with Exhibit C, subject also to the following conditions: a. Final Design. Before the earlier of (1) issuance of the first building permit for the Project and (2) the sixth anniversary of the Effective Date, Owner shall submit to the City the final design of the Public Art. b. Installation. Before the earlier of (1) the City's issuance of a Certificate of Use for the main Cathedral building and (2) the twelfth anniversary of the Effective Date, Owner shall install the Public Art. The latter date shall be extended to run concurrent with any extension of the Term. c. Failure to Meet Time Requirements. If Owner fails to meet either of the time requirements set forth in Sections 5.8 a and b above, Owner shall pay the City $250,000 to be used by the City to acquire other public art for other locations within the City. In either instance, Owner will not be considered in default under this Agreement. d. Progress Reports. During the construction and/or installation of the Public Art, Owner shall provide City with written reports on the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City. The timeframes set forth above for final design and installation of the Public Art may be modified at any time or times by mutual written agreement of the Parties. Such revisions do not constitute amendments of this Agreement requiring further notice and public hearing. Either the Planning Director or the City Manager is authorized to sign such agreements on behalf of the City. e. Responsibility For Costs of Work Of Public Art. Owner shall be responsible for all costs associated with the design, construction, maintenance, and repair of the Public Art. f. City to Receive Contract Documents. Owner shall furnish City, upon written request, copies of contracts and supporting documents relating to the Public Art. 5.9. Moratoria. The Project shall be exempt from any moratorium adopted after the Effective Date which would otherwise affect the construction, use, or density of the Property. 5.10. Conditions of Discretionary Approvals. Except as provided in Section 4.3 above, the conditions of the Existing Approvals and any discretionary approval 70020313.6 6/14/04 8 75C-18 received through the City's existing regulatory process shall be governed by the terms of those approvals. In no event shall such conditions be affected by the termination, cancellation, rescission, revocation, default, or expiration of this Agreement. 5.11. Compliance With Governmental Requirements. Except as expressly provided within this Agreement, Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 5.12. Site Plan Review. The final site plan and design for the Project shall be reviewed by the Planning Commission (subject to appeal to the City Council) for compliance with this Agreement and the Existing Approvals and Existing Regulations. The Project shall be deemed in compliance with the currently approved site plan (Exhibit B) if all proposed structures are located within the general parameters of the building envelopes shown on Exhibit B. No further design or architectural review shall be required other than as set forth in this section. 6. ANNUAL REVIEW. 6.1. City and Owner Responsibilities. City shall, at least every twelve (12) months during the Term, review the extent of good faith substantial compliance by Owner with the terms of this Agreement (the "Annual Review"). Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the Annual Review. 6.2. Review Letter. If Owner is found to be in compliance with the Agreement after the Annual Review, City shall, upon written request by Owner, issue to Owner a Review Letter in recordable form stating that, based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner is not in 70020313.6 6114/04 9 75C-19 default. Owner may record the Letter in the Official Records of the County of Orange. 6.3. Non-Compliance. If, after the City conducts the Annual Review, City finds that Owner is not in good faith compliance under this Agreement, City shall provide Owner with a notice specifically stating the basis of the default and invoking the procedures set forth in Section 7.3 below. 6.4. Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1. Events of Default. Owner is in default under this Agreement (an "Owner Default") if: a. Upon completion of the Annual Review, the City finds that there is substantial evidence that Owner is not in good faith compliance with one or more of the terms or conditions of this Agreement; or b. Owner's development of the Project is not in compliance with the Existing Approvals. 7.2. City Default. The City is in default under this Agreement if it fails to perform any act required of it under this Agreement (a "City Default"). 7.3. Procedure upon Owner Default. a. Upon the occurrence of an Owner Default, City shall give Owner written notice specifying the nature of the alleged Owner Default, the manner in which the Owner Default may be satisfactorily cured, and a reasonable time in which the Owner Default may feasibly be cured (the "Cure Period"). The City shall schedule a hearing before the City Council within 20 days after the end of the Cure Period (the "Default Hearing") at which Owner may either challenge the finding of an Owner Default, demonstrate that the cure is complete, and/or demonstrate good faith effort toward cure and request reasonable additional time in which to complete the cure (which request shall not be denied by the City). b. If the City Council finds, on the basis of substantial evidence, that the Owner Default has not been and cannot be cured in a reasonable manner, City may terminate this Agreement. c. Non-performance shall not be excused because of a failure of a third person. 70020313.6 6/14/04 10 75C-20 d. An express written repudiation, refusal, or renunciation of this Agreement, signed by the Owner, shall be sufficient to terminate this Agreement without a hearing. e. Except as expressly provided within this Agreement, adoption of a law or other governmental activity making performance by Owner less profitable or more difficult does not excuse Owner's performance of its obligations under this Agreement. 7.4. Procedure Upon City Default. Upon a City Default, Owner shall have all remedies at law or in equity which are not inconsistent with this Agreement. 7.5. Limitation on Remedies. In no event shall either of the Parties be liable for monetary damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement. 7.6. Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1. Discretion to Encumber. Owner shall have the complete and sole discretion to encumber all or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 8.2. Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the all or any part of the Property, as well as their successors and assigns (collectively, "Mortgagees"), shall, upon written request to City, be entitled to receive from City written notification of any Owner Default at the same time at which Owner receives such notice. Additionally, Mortgagees requesting notification shall be given notice of any failure to cure an Owner Default and any action by the City to terminate this Agreement for any reason. Mortgagees shall have the right to cure any Owner Default prior to the actual termination of this Agreement by City. 8.3. Mortgagee Protection. This Agreement shall neither limit nor interfere with the liens of Mortgagees who have acted in good faith and for value. 8.4. Releases. Upon written request of Owner at any time or times, City shall execute and deliver to Owner appropriate release(s) of further obligations 70020313.6 6!l4/04 11 75C-21 under this Agreement. These releases may be for some or all of the Property, but are required only if, with respect to the portion of the Property for which the release is requested, (1) there is not an uncured Owner Default and (2) all Processing Fees due and payable at the time of the requested release have been paid to the City. The releases shall be acceptable to the Orange County Recorder in form and substance. 9. MISCELLANEOUS PROVISIONS. 9.1. Interest of Owner. Owner represents that it has an equitable and legal interest in the Property. Owner further represents that it has approved this Agreement and the person signing this Agreement is authorized to do so. 9.2. Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. 9.3. Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous agreements between the Parties regarding the subject matter of this Agreement. Any waiver of any provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. The City shall have the ministerial obligation to record a copy of this Agreement in the Official Records of Orange County, California, within ten (10) days after the Effective Date. When performance of this Agreement has been completed by both Parties, or the Agreement has been terminated in the manner provided within the Agreement, the Parties shall sign a Certificate of Completion acknowledging such occurrence and record it in the Official Records of Orange County, California. 9.4. Project as a Private Undertaking. The Parties acknowledge that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.5. Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of this Agreement. 9.6. Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 70020313.6 6114/04 12 75C-22 9.7. Consent. Where the consent or approval of a Party is required by or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.8. Covenant of Cooperation. The Parties shall cooperate with each other, deal with each other in good faith, and assist each other in the performance of this Agreement. 9.9. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.10. Conflicts of Law. If either (1) state or federal laws or regulations enacted after the Effective Date or (2) the action or inaction of any governmental agency other than the City prevents or precludes compliance with one or more provisions of this Agreement or requires changes in plans, maps, or permits approved by the City, then, before this Agreement may be terminated, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to allow the Project to be completed and the City to receive the contemplated public benefits. Any modification to or termination of the Agreement arising from such circumstances shall follow a hearing before the City Council in the manner prescribed within this Agreement for amendment or termination. 9.11. Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days after the Effective Date. This Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, pursuant to Ordinance No. NS-2657, authorizing such execution, and by Owner, The Roman Catholic Bishop of Orange, a corporation sole. Dated this 13th day of Julv, 2004. THE CITY OF SANTA ANA Date: By DAVID N. REAM City Manager oa'j7 /.;¡ dH </ THE ROMAN CATHOLIC BISHOP OF ORANGE, a corpora ion sole By Approved as to Form: 70020313.6 6114104 13 75C-23 By JOSEPH W. FLETCHER City Attorney STATE OF CALIFORNIA ) ) ss. ) COUNTY OF ORANGE On this day of , 2004, before me, , a Notary Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE) ~ J Notary Public ~n ~~~ {;; ::~i.a~n~~~'p~:~;:d"'i-:7ff 1::1:: PherSO~IIY k~own- to me (or p~O'~ to me on thf! basis ~[j,~ to ~he t t e ~ 0 ((/,.¿~ ,e . a executed the within instrument on behalf6f the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. WITNESS my hand and official ~eal.~ ;;; . ,~~ - - -~ - - ~~'t ~1u;Lf~ .,¡ '-~ PHYlLIS SOlOY r J - > Commission # 1322354 :;z 'iš Not3ry Public. Califumia ~ ¡ "'YC~J~:~P~~~ty27.20'\5~ {. ."y;;,..-,,~ -:;:~'''''C''.p'-....-.~--. .},--:-",-- ,-" "":;;:'L~.-~:,. ". :..~'" ~~. ''''''''::,;, '~". ~.' '.': 70020313.6 6/14/04 14 75C-24 EXHIBIT A Property Legal Description ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: Parcel 2 per Lot Line Adjustment No. 2002-01 in the City of Santa Ana recorded on April 16, 2002 as Instrument No. 2002-0317856 in the Office of the County Recorder of Orange County, California. 70020313.6 6/14/04 15 75C-25 EXHIBIT B Site Plan - - ~,- - ......--- ~.- ~ --. ......... -- u :-"'.-..- - - -"'-.-"""" ... =-- ~- !!r.,t:.~ií~ ~. ?ir~- - -- - ....., ~,""",,"---,"_.",.- -'~ :muST O'IJ"R SA V10~CA TflgDlto\L PARIs:¡:{ It¡1tCtJ.,~.~r''''''''':I.tf>>.''''.~ ~ I~"'~:~~".~¥Ä~ 70020313.6 6/14/04 16 75C-26 -".,w_-. --- - ~~.-::~ .~--_.._- ..-.~ ~---~* r~~ f~ ------ F"~~ -- ;;'~MV'Ç~^t"...,. ~~ ~ ~4S"'""'-*-"""" I' -- .~_-u~ :~~~- -- i~"""""""'- ;'-='C='. _.."",----~.-. . -._--- ~Æ~ ~~... ~.~..~ =~~_. .,-....,--. Z:;."'" ....- ----.... ~I~~ -...-'..... $';,....;~ I EXHIBIT C Public Art Program 1. The Public Art shall be comprised of a single art piece to be placed at the general location identified on Exhibit B to this Agreement. The final location will be shown on the site plan for the Project and may include, at Owner's option, the area within the internal plaza of the Project. This location may be further modified at the time of installation by agreement of the Owner and the City's Executive Director of Planning and Building, provided that it is within the general location identified on Exhibit B. 2. The Public Art shall be valued at no less than $250,000 (the "Art Cost"). While Owner may elect to expend more than $250,000 for the Art Cost, Owner shall not be required to spend more than $250,000. 3. The Public Art should reflect or interpret the culture or history of the community and/or capture or reinforce the unique character of the new place. 4. The Public Art should be sited to complement features such as plaza or architectural components so that the art is an integral part of the development site. 5. The Public Art should be constructed using durable materials and finishes, including, but not limited to, stone or metal. 6. The Public Art may not include advertising of any type, including, but not limited to, products, services, or businesses. 7. The Public Art shall be properly maintained at all times, be free of graffiti, and shall not incorporate any flashing or distracting form of illumination. 8. The Public Art shall remain on the Property and may not be removed without the approval of the Planning Commission. 9. The following expenses may not be included within the Art Cost: a) Expenses to locate the artist (e.g., airfare for artist interviews, etc.). b) Architect and Landscape Architect fees. c) Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. d) Utility fees associated with activating electronic or water generated artwork. e) Lighting elements not integral to the illumination of the art piece. 70020313.6 6/14/04 17 75C-27 f) Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. g) Dedication ceremonies, including sculpture unveilings or grand openings. 70020313.6 6/14/04 18 75C-28 TRt::::S PLANTIN6 LE6END ~J !;:I ~I ., '"' ,,' ~I jOJ'nN<IUS'D"'"1'I.<.LSI'TE! ,"""""" ~-.- @Œ\"- @Vþl7:.~-", o~:::=- ~ 0 ::::::=~ ~-~ -.--... ~ .- """""",",,,"-I ",--,,'" -.- .M- ~.MU.' ~. --- .- .--'I>I:IPD"""~",,.... ---......."",... ...-oGU~.- --- .\'8fWI'''''-' ~ .- a:;..oMÇ.,- ~~~ r~_1>þ l>Otnc;w...-...-....... r--.øu~u. TURF -- """.-c...- ~_...t..~, 1,....-.1--.- = ~- ,.- ~. ,.-ao. "'110. ~--- ....... ~IO<"'" .-- ~- -~- ~ _fL..eL"'- -~.~ .'''''...- --- -~- -~ -- ---- _0tIII~........ .-- -- -- ~ Approved Areas for Public Art I'=.~I MACARTHlJR BOUUVARD ¡ I ~ c:;:) c:::> C"-I ~. 0, ~: ~ ~ ~ " ~ CONCEPTUAL PLANTING PLAN CHRlST QUR SAVIOR CATHEDRAL PARI,SH -'1 (~ -- -~_. ..- - .------.. ------ K-- - 1-01 ~ ¡CORCORAN ~ CO~ Architecture and Planning !tXlSle.oOP:$lnE1i11A1.Sm' ----...--..-.--.---- 2001 WEST MACARTHUR BOULEVARD. SA.NTAA~A, CALIFOR.'\IA ROMA~¥5Ð~AORANGECOUNlY ¡G;) õ:1 ~ Conditional Use June 28, 2004 Page 1 of 2 Permit No. 2002-16 Findings of Fact A. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The Christ Our Savior Cathedral Parish and undercroft, conditioned, will contribute to the general welfare of community by providing a religious facility that is currently found in the area. as the not B. Will the proposed use under the case be detrimental to the health, persons residing or working in the circumstances of safety or general vicinity? the particular welfare of the The cathedral parish is not anticipated to create any detrimental impacts to persons residing or working in the area. All functions, including the undercroft, will be conducted within the enclosed buildings. Further, conditions of approval have been incorporated into the proj ect that are intended to address adverse impacts before they occur. C. Will the proposed use adversely affect stability or future economic development surrounding area? the of present property economic in the The proposed cathedral parish and undercroft, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. The use will result in a positive addition to the area and will identify the site as an economically viable area of the City. D. Will the specified use? proposed use comply with the regulations and conditions in the chapter of the Santa Ana Municipal Code for such The proposed cathedral parish, as conditioned, will comply with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to such a development. EXHIBIT 7 75C-30 Conditional Use June 28, 2004 Page 2 of 2 Permit No. 2002-16 E. Will the proposed use affect the General Plan of the City? The cathedral parish, along with the proposed undercroft, will not pose any adverse affects on the General Plan designation of Low Density Residential (LR-7). The proposed use is a permitted use in the district subject to approval of a conditional use permit. 75C-31 JUNE 28, 2004 PAGE 1 OF 1 Conditions for Approval Conditional Use Permit No. 2002-16 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply below prior to exercising permit. in full with each and every condition listed the rights conferred by this conditional use The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. The project must be in compliance with the provisions of Site Plan review (DP No. 02-4). 2. Use of the facilities is restricted to the Operation Schedule Plan delineated on the site plan. Any amendment to this operations plan must be submitted to the Planning Division for further review. Based on this review, if it is determined that the project results in a higher parking demand, the project will need to be submitted to the Planning Commission for further action. 3. Install an eight - foot high prior to issuance of a Cathedral building. block wall along the east property certificate of occupancy for the EXHIBIT 8 75C-32 ORDINANCE NO. NS-2657 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE ROMAN CATHOLIC BISHOP OF ORANGE THE CITY COUNCil OF THE CITY OF SANTA ANA ORDAINS AS FOllOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on June 28, 2004 recommended approval of this Development Agreement. E. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of the Cathedral 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. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on or about October 7, 2002, approved a Environmental Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, written findings and a statement of overriding considerations and the Council adopts this ordinance based upon said EIR, plan, findings and statement of overriding considerations. SECTION ?: The 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 Ordinance No. NS-2657 Page 1 75C-33 County Recorder's Office. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. day of ,2004 ADOPTED this Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Council members NOT PRESENT: Councilmembers Ordinance No. NS-2657 page 2 75C-34 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2657 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2657 Page 3 75C-35 bk: 7/14/04 RESOLUTION NO. 2004-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2002-16 AS CONDITIONED TO ALLOW CONSTRUCTION OF A CATHEDRAL WITH UNDERCROFT ON THE PROPERTY LOCATED AT 2001 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2002-16 was approved by the City Council of the City of Santa Ana ffollowing a duly noticed public hearing on October 7,2002. A request to modify said Conditional Use Permit came on for a duly noticed public hearing on July 19, 2004. The request to modify Conditional Use Permit No. 2002-16 has been filed with the City of Santa Ana by the Roman Catholic Diocese of Orange (The Roman Catholic Bishop of Orange) to allow the construction of a 45,000 square foot undercroft in conjunction with the Christ Our Savior Cathedral Parish at 2001 West MacArthur Boulevard. B. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 28,2004, on Conditional Use Permit No. 2002-16 and voted by a vote of 7:0 to recommend that the City Council approve the modification of Conditional Use Permit No. 2002-16 as conditioned. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. That the granting of a Conditional Use Permit is necessary for the preservation and enjoyment of one or more substantial property rights. The Christ Our Savior Cathedral Parish and undercroft, as conditioned, will contribute to the general welfare of the community by providing a religious facility that is not currently found in the area. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? 75C-36 3. The cathedral parish is not anticipated to create any detrimental impacts to persons residing or working in the area. All functions, including the undercroft, will be conducted within the enclosed buildings. Further, conditions of approval have been incorporated into the project that are intended to address adverse impacts before they occur. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? 4. The proposed cathedral parish and undercroft, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. The use will result in a positive addition to the area and will identify the site as an economically viable area of the City. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? The proposed cathedral parish and undercroft, as conditioned, will comply with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to such a development. 5. Will the proposed use affect the General Plan of the City? The cathedral parish, along with the proposed undercroft, will not pose any adverse affects on the General Plan designation of Low Density Residential (LR-7). The proposed use is a permitted use in the district subject to approval of a conditional use permit. The City Council has, on October 7,2002, approved a Environmental Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, written findings and a statement of overriding considerations and the Council adopts this resolution based upon said EIR, plan, findings and statement of overriding considerations. Section 2. The City Council of the City of Santa Ana hereby, approves the amendment to Conditional Use Permit No. 2002-16 as conditioned in Exhibit "An attached hereto and incorporated herein. E. ADOPTED this - day of ,2004. 75C-37 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-056 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75C-38 Conditions for Approval for Conditional Use Permit No. 2002-16 This amendment to Conditional Use Permit No. 2002-16 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code. the Uniform Building Code. and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Plannina Division 1. The project must be in compliance with the provisions of Site Plan review (DP No. 02-4). 2. Use of the facilities is restricted to the Operation Schedule Plan delineated on the site plan. Any amendment to this operations plan must be submitted to the Planning Division for further review. Based on this review, if it is determined that the project results in a higher parking demand, the project will need to be submitted to the Planning Commission for further action. 3. Install an eight-foot high block wall along the east property prior to issuance of a certificate of occupancy for the Cathedral building. 4. The perimeter of the project site shall be landscaped and irrigated per a landscape plan to be reviewed and approved by the City's Landscape Development Associate (Added by the Planning Commission on June 28, 2004 ). EX)I~E:~'9 75C-40