HomeMy WebLinkAbout75B - 3500 WEST LAKE CENTER DRIVE
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 6, 2005
TITLE:
PUBLIC HEARING - AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1990-03
TO ALLOW AN EXTENSION OF TIME FOR
A PORTION OF THE LAKE CENTER
OFFICE PROJECT AT 3500 WEST LAKE
CENTER DRIVE - C.J. SEGERSTROM &
SONS. AP~ '
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CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
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FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance approving the amendment to Development Agreement No.
1990-03.
PLANNING COMMISSION ACTION
On May 9, 2005, the Planning Commission recommended that the City Council
adopt an ordinance approving the amendment to Development Agreement No.
1990-03 by a vote of 7:0 to allow an extension of time for a portion of
the Lake Center office project within the Specific Development No. 58 (SD-
58) zoning district at 3500 West Lake Center Drive. The Planning
Commission made no changes to the terms of the agreement as outlined in
the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
s!t: !~'1ng
Executive Director
Planning & Building Agency
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758-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
MAY 9, 2005
TITLE:
PUBLIC HEARING - AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 1990-03 TO ALLOW AN
EXTENSION OF TIME FOR A PORTION OF THE
LAKE CENTER OFFICE PROJECT
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Karen Hal uza
#:.!2~~r
RECOMMENDED ACTION
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8 Planning Manager
Recommend that the City Council adopt an ordinance approving the amendment
to Development Agreement No. 1990-03.
DISCUSSION
Request of Applicant
C. J. Segerstrom & Sons is requesting approval of an amendment to the
previously-approved Development Agreement No. 1990-03 in order to allow an
extension of time for a portion of the existing entitlement.
Property Description
The properties that will be subject to this development agreement
extension total 17.7 acres and are contained in four separate parcels
located south of Lake Center Drive on both the east and west sides of
Susan Street.
The site is zoned Specific Development No. 58 (SD-58) and has a General
Plan land use designation of Industrial (IND). The site is surrounded by
commercial, office and industrial uses (Exhibits 1 and 2) .
Project Description
Development Agreement
the development of
industrial project.
agreement Specific
No. 1990-03 was approved in October 1990 to allow
an approximately 33-acre office/commercial and
At the time of the approval of the development
Development No. 58 (SD-58) also was approved to
EXHIBIT A
758-2
Development Agreement No. 1990-03
May 9, 2005
Page 2
establish the zoning for the property. Since that time the original
proj ect has been improved with the Lake Park complex and the Pacificare
offices. In addition, one of the parcels was sold and will be used as a
ball field for the nearby Calvary Chapel school, which is the subject of a
separate request to amend SD-58.
C. J. Segerstrom & Sons retains title to four parcels wi thin SD- 58. Of
these parcels, one contains the Pacificare office complex, two are vacant
and one is currently being used as a parking lot. The two vacant parcels
and the parcel currently in use as a parking lot could all be developed
with additional office buildings under the existing entitlements. The
three undeveloped parcels total approximately 10.5 acres.
C.J. Segerstrom & Sons does not have any plans immediately pending for the
development of these properties, but they are satisfied with the current
terms and conditions of the existing development agreement and would like
to extend it for 10 years. The amendment that would memorialize the
requested extension is attached (Exhibit 3) .
Analysis of the Issues
C.J. Segerstrom & Sons is requesting an amendment to Development Agreement
No. 1990-03 to extend it for a period of 10 years. The request would
apply to the four parcels currently owned by C.J. Segerstrom & Sons in the
SD-58 zoning district and would not change any current entitlements or
zoning. The original term of the development agreement was 15 years. It
will expire in October of 2005 unless amended as proposed.
Staff finds that the amendment to the development agreement allowing the
10-year time extension will provide for the continued implementation of
the previously approved project in furtherance of the provisions of SD-58.
Staff recommends that the Planning Commission recommend that the City
Council approve the Amendment to Development Agreement No. 1990-03.
At its meeting of April 11, 2005 the Planning Commission expressed an
interest in reviewing the terms of the original Development Agreement
and requested that the document be provided to them. The item was
continued for two weeks in order to facilitate this request and the
original Development Agreement is attached to this staff report
(Exhibi t 4) .
758-3
Development Agreement No. 1990-03
May 9, 2005
Page 3
CEQA Compliance
In accordance with the California Environmental Quality Act, the
proposed request has been determined to be adequately evaluated in
previously certified Lake Center Specific Development Final
Environmental Impact Report ER 89-01.
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AMENDMENT TO DA 90-3
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SEGERSTROM
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
A TIN: Clerk of the Council
FREE RECORDING
GOVERNMENT CODE S 6103
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT is made and entered into this _ day of , 2005, 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 C.J.
SEGERSTROM & SONS, a California general partnership ("Developer").
City and Developer hereby agree as follows:
A. 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 Developer in the
development process. City enters into the Amendment pursuant to the provisions of the
Government Code and applicable City policies.
B. The City and California Pacific Properties, a California general partnership, have
previously entered into a Development Agreement dated October 15 1990, recorded as Document
No. 90-625289 with the Recorder of the County of Orange (hereafter referred to as the
"Development Agreement"). On February 23, 1995, a portion of the property covered by the
Development Agreement was transferred to Developer, by Grant Deed recorded as Document
No. 95-0099264 with the Recorder of the County of Orange This Amendment relates solely to the
property described in said Grant Deed which is owned by Developer.
C. The City and Developer wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by
adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date
of execution of the Development Agreement (subject to express exceptions noted in the
Development Agreement).
D. The parties hereto acknowledge the following:
(1) This Amendment is intended to assure adequate public facilities at the
time of development.
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(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) Developer 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 infrastructure 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 to City for entering into this Amendment represent benefits which would not
otherwise be required as part of the development process.
F. On April 25, 2005, 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 Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On
,2005, the City Council of the City of Santa Ana ("Council"), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Amendment.
G. Property Am~cted hy this Aereement This Amendment pertains solely to the
property as illustrated in Exhibit "A-I" and described in Exhibit "A-2" to this Amendment, which
are incorporated herein by this reference as though fully set forth. In case of any discrepancy
between Exhibit "A-I" and Exhibit "A-2", the parties agree and acknowledge that Exhibit "A-2"
shall prevail in full.
H. Thnn. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Thnn.
(a) The term ("Term") of this Development Agreement is
twenty-five (25) years from the date of execution, subject to earlier termination as
hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision
Map Act, any tentative Subdivision Map approval for the Property shall also be
extended for a period equal to the period this Agreement remains in effect.
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752~~8
1. Effect of Amendment. Exhibits "A-I" and "A-2" to this Amendment shall
supercede and replace Exhibit "A" 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 of a conflict, terms contained herein shall prevail over conflicting
provisions of the Development Agreement.
1. Effective Date 1 Tnchanged. The parties to this Amendment further agree
that the effective date of the Development Agreement, set forth in paragraph 26 therein,
is unaffected by this Amendment to the Development Agreement.
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
By
David N. Ream
City Manager
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
C.J. SEGERSTROM & SONS,
a California general partnership,
By
Benjamin Kaufinan
Chief Assistant City Attorney
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
By:
Henry T. Segerstrom, Manager
By: HTS Management Co., Inc.,
a California corporation
Manager
By:
Title: Senior Vice President
3
753~89
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On
personally appeared
, 200_, before me,
, the
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) (is) (are) subscribed to the within instrument and acknowledged
to me that (he) (she) (they) executed the same in (his) (her) (their) authorized capacity(ies),
and that by (his) (her) (their) signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On
personally appeared
, 200_, before me,
, the
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) (is) (are) subscribed to the within instrument and acknowledged
to me that (he) (she) (they) executed the same in (his) (her) (their) authorized capacity(ies),
and that by (his) (her) (their) signature(s) on the instrument the person(s), or the entity
upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
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Notary Public in and for said State
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AMENDMENT TO DA 90-3
C.J. SEGERSTROM AND SONS
3500 WEST LAKE CENTER DRIVE
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EXHIBIT "A-1"
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Exhibit "A-2"
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office ofthe County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
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Parcel D (Developed Land):
Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (Private Street and Driveway)
Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County.
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758-14
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REL: 9/25/90
ORDINANCE NO. NS- 2089
AN ORDINANCE OF THE CITY OF SANTA ANA REZONING
CERTAIN PROPERTY LOCATED ON LAKE CENTER DRIVE
AND SUSAN STREET FROM THE M1 (LIGHT
INDUSTRIAL) DISTRICT TO THE SD (SPECIFIC
DEVELOPMENT) DISTRICT, ADOPTING SPECIFIC
DEVELOPMENT PLAN NO. 58 FOR SAID PROPERTY, AND
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF SANTA ANA AND CALIFORNIA PACIFIC
PROPERTIES PERTAINING TO SAID PROPERTY.
WHEREAS, Amendment Application No. 1043 has been filed with
the City of Santa Ana to change the zoning district designation of
certain real property located generally on Lake Center Drive and
Susan Street in the City of Santa Ana, and more specifically
delineated in Exhibit A, attached hereto and incorporated herein by
reference, from the M1 (Light Industrial) District to the SD
(Specific Development) district, and to adopt specific Development
Plan No. 58, in the form set forth in Exhibit B, attached hereto
and incorporated herein by reference, for said property; and
WHEREAS, the applicant California Pacific properties proposes
to develop said property in accordance with Specific Development
Plan No. 58 and in this regard has requested to enter into a
Development Agreement in the form set forth in Exhibit C, attached
hereto and incorporated herein, with the City of Santa Ana, in
accordance with sections 65864-65869.5 of the Government Code of
the State of California; and
WHEREAS, the Planning commission of the city of Santa Ana held
a duly noticed public hearing on september 10, 1990, on the said
Amendment Application, specific Development Plan, and the
Development Agreement, and, based thereon, determined that the
development as proposed therein is consistent with the general plan
of the City of Santa Ana, and recommended that the City Council
approve the Amendment Application, Specific Development Plan No.
54, and the Development Agreement; and
WHEREAS, prior to taking action on this ordinance, the city
Council of the City of Santa Ana has reviewed and considered the
information contained in that certain "Lake center Environmental
Impact Report" pertaining to the development of the abovesaid
property in accordance with Specific Development Plan No. 58 and
the Development Agreement, and, by its Resolution No. 90- , has
certified said environmental impact report as having been prepared
in accordance with the California Environmental Quality Act and has
adopted environmental findings regarding the Lake Center project;
and
WHEREAS, this Council, prior to taking action on this
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73 () ORDINANCE NS-2089
PAGE TWO
ordinance, has held a duly noticed public hearing, on the said
Amendment Application, Specific Development Plan No. 58, and
Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
1. The SD (Specific Development) district designation and
specific Development Plan No. 58, as proposed in Amendment
Application No. 1043, and the Development Agreement are hereby
found and determined to be consistent with the general plan of the
city of Santa Ana and otherwise justified by the public necessity,
convenience and general welfare;
2. Those parcels of real property located generally on Lake
Center Drive and Susan street and more specifically delineated in
Exhibit A, attached hereto and incorporated herein, are hereby
reclassified from the Ml (Light Industrial) District to the SD
(Specific Development) district.
3. Specific Development Plan No. 58, set forth in Exhibit B,
attached hereto and incorporated herein, is hereby approved and
adopted for the abovesaid property.
4. That certain Development Agreement between the City of
Santa Ana and California Pacific Properties, in the form set forth
in Exhibit C, attached hereto and incorporated herein, is hereby
approved, and the Mayor is authorized to execute said Agreement on
behalf of the City of Santa Ana following its execution by
California Pacific Properties, and the Clerk of the Council to
attest to the same.
5. The Clerk of the Council is directed to cause a copy of the
said Development Agreement to be recorded in the official records
of Orange County, California, within ten days following its
2
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ORDINANCE NS-2089
PAGE THREE
effective date. As use herein effective date means the date thirty
days after the date of this ordinance.
ADOPTED this 15th day of
October
, 199..Q...
ATTEST:
ce C. Guy
rk of the Council
COUNCILMEMBERS:
Young
Acosta
Griset
May
MCGuigan
Norton
Pulido
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SPECIFIC DEVELOPMENT PLAN NO. 58
SECTION 1 - APPL1CAhILITY Of ORvINANCE
The specific development zoning district for the subject property, as
authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa
Ana Municipal Code, is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing
land use regulations and standards. All other applicable chapters,
articles. and sections of the Santa Ana Municipal Code shall apply unless
expressly waived or superseded by this ordinance.
SECTION 2 - PURPOSE
The Specific Vevelopment ~lan Number
standards and regulations, is hereby established
protecting the health, safety, and general
City by promoting and enhancing the value of
orderly development.
58 (SD-58), consisting of
for the express purpose of
welfare of the people of the
properties and encouraging
Lake Center Specific Development Plan SD-58 sets forth the development
and design criteria for a development consisting of approximately 33
acres. The purpos~ of this SpecIfic Development Plan is to permit
flexibility in site planning and design in response to market conditions
while assuring high quality development.
Specific Development Plan Number SD-58 specifically establishes for
the property the following:
The permitted uses;
Maximum authorized dev~lopment densities;
Anticipated phasing of on-site development;
Signage provisions; and
Development standards for authorized uses, including building
height limits, required setbacks, parking requirements.
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landscaping provisions and enforcement policies.
The ErR sets forth certain required mitigation measures, specified on
Exhibit I, attached, which are hereby incorporated as part of this Specific
Development Plan No. 58.
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Objectives
The objectives of the Lake Center Specific Development Plan include
the provision of the following:
1. Landscaping that is appropriate to the level of development and
sensitive to the surrounding community;
2. A visually harmonious development as viewed both internally and
externally;
3.
A circulation system that is responsive to
vehicular and pedestrian travel, particularly
across major arterials serving the subject site;
the needs of both
pedestrian safety
4.
Development that is
hazardous materials;
exclusive of noxious fumes. toxic or
5. Flexibility in development in response to market conditions while
achieving overall City and community goals;
6. Creation of new employment opportunities;
7. An integrated sign program that visually enhances the development
and is harmonious with the adjacent environs.
SECTION 3 - USES PERMITTED
Professional and Business Offices
1. General offices providing personal and professional services
including. without limit, employment agencies, medical insurance,
real estate. travel, trade contractors, architects, engineers,
finance. research and development, wherein high technology office
use is coupled with minor assembly and/or research. and other
similar uses.
Commercial/Retail Uses
1. Commercial/retail uses including, but not limited to: service
commercial uses such as: daycare centers. banks and other
financial institution. delicatessens, food stores. news stands.
automobile support facilities providing services only within the
parking structures such as auto detailing, health and exercise
centers and other similar uses, office and computer equipment,
copy centers and other similar uses. office and computer
equipment, copy centers, postal centers day care and other
similar uses.
2. Restaurants, retail commercial. travel services. and other
commercial uses incidental/accessing to office uses.
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SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY
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The maximum authorized building densities/intensities for the Lake
Center are as follows:
1. 400,890 square feet of existing and approved office and support
commercial uses consistent with the site Master Plan.
I 2. 569,230 square
and appurtenant
area. Figure
proposed Master
SECTION 5 - PHASING
PHASE
1 Building #1
2 Building iJ12
3 Building #11
4 Building #17
5 Building #10
6 Building fl9
feet of additional floor area. Parking structures
uses are not included in the calculatIon of floor
1 illustrates the locations of existing and
Plan of buildings.
GROSS FLOOR AREA (SQ. FT.) YEAR
49,040 1990
56,000 1990-1991
104,190 1992
40,000 1992
160,000 1993
160,000 1994-1995
Year of development, building size and configuration are predicated on
market conditions at the time of construction and are subject to change as
market conditions change or as tenants become available.
SECTION 6 - SIGNAGE
All future on-site signs shall conform to Article XI, Subsections
41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time
of adoption of this ordinance. On-site signs shall also be consistent with
an approved sign program to be on file with the Santa Ana Planning Division.
SECTION 7 - DEVELOPMENT STANDARDS
Professional and Business Offices/Commercial/Retail
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1. Building Heights. All future on-site uses will be subject to a
height limitation of 200 feet above ground level, which is defined as
a measurement from the elevation of the top slab of the first floor
on-grade to the top of the structure.
2. Setbacks. A minimum of 15 feet setback shall be provided between
proposed on-site uses and right-of-way boundaries for the following
streets: Lake Center Drive, Susan Street, Sunflower Avenue and
MacArthur. A minimum ten foot setback will be provided for uses
adjacent to internal roadways.
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3. Building Separations. Minimum building separation shall be
governed by Uniform Building Code requirements, except for parking
structures which are not required to be separated from structures on
separate parcels, and except for walkway covers, connecting pedestrian
access and atrium connections between buildings.
4. Site Coverage. All building setbacks as described in 2 above.
Building setbacks shall be maintained for site coverage. Site
coverage for individual parcels or tracts shall be consistent with the
approved precise plan, provided that the setbacks described above are
maintained.
5. Parking. Parking within the Lake Center Specific Development will
be design to take advantage of the urban setting and balance of uses.
This is represented by the mixture of similar land uses located within
close proximity to transportation facilities. It is the intent of the
applicant to provide parking facilities in the form of both surface
parking, parking structures above and, possibly, below grade. The
parking structures design shall be compatible with the surrounding
land uses.
The site currently has 508 surface parking spaces and 861 spaces in
parking structures. Future on-site buildings will be served by a mix
of surface and structure parking (approximately 1,684 parking spaces
in parking structures and 289 surface spaces). Future spaces will be
provided on a phase by phase basis consistent with projected demand
coinciding with the construction of the proposed buildings. At build
out, projected total parking is anticipated to be 3,342 spaces in a
combination of surface and structured parking.
a. Location of Parking. Required off-street parking shall be
provided. When parking is provided on a site of different
ownership, a recorded document shall be approved and filed with
the City of Santa Ana, Planning DivisIon, and signed by the
owners of the parking site, stipulating to the reservation of use
of the site for said parking.
b. Joint Use of Parking. Two ore more office or commercial uses
may jointly develop and utilize required parking facilities if
approved by tl~ Planning Division. Parking requirements for each
individual use may be reduced through City of Santa Ana (i.e. no
compact stalls) as of the date of adoption with regard to
surfacing, marking, grading, lighting, walls, circulation,
parking dimensions, and layout. Landscaping requirements will he
in accordance with this Specific Development Plan.
c. Off-Street Parking Plan/Site Plan. A parking plan will he
submitted for all projects requiring more than ten parking
spaces. unless off-street parking facilities are already provided.
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The required number of off-street spaces may be reduced
commensurate with the specific type of use and demonstrated
hourly parking demand upon approval by the Zoning Administrator.
For off-street parking plan areas which contain 500 or more
parking spaces, a twenty (20) percent reduction may be permitted
for required off-street parking, subject to approval by the
Zoning Administrator. This percentage is based upon
representative factors for land use as provided by the Urban Land
institute's (ULl) shared parking study.
The required number of off-street spaces provided may he
further modified contingent upon impl~mentation of a
transportation demand management plan for Lake Center, and based
upon the results of a verified transportation study, subject to
approval by the Planning Division.
d. Number of Required Off-Street Spaces. The minimum number of
off-street parking spaces to be provided within the project area
are as follows:
Medical and Dental. Six spaces for each doctor or one space
for each 200 square feet of gross floor area, whichever Is
greater.
Professional and Business Offices. One space for each 333
1/3 square feet of gross floor area.
Restaurants. Restaurant parking shall be in accordance with
the following:
Restaurants shall provide one parking space per 100
gross square feet of floor area.
Outdoor dining areas may be reduced to provide one
space per 200 square feet of gross floor area.
Parking requirements may be waived for
which primarily serve an on-site building
demonstrated to serve on-site users who will
to the site.
restaurants
or can be
not drive
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Commercial. One (1) space for each 200 square feet of gross
floor area for any freestanding commercial space larger than
3,000 square feet. Parking requirements shall be waived for
commercial and service uses which primarily serve an on-site
building, or can be demonstrated to serve on-site users who
will not drive to the site.
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6. Landscaping Standards. All areas not used for buildings, parking
or storage shall be landscaped using the following guidelines. All
landscaped areas shall be irrigated using an automatic irrigation
system. The project shall provide landscaping, consistent with the
existing landscape theme and existing improvements on-site. Plaza's
and courtyards shall provide a minimum of 30% of the area dedicated to
such amenity in landscaping.
The design guidelines outlined herein form an integral element in
achieving distinctive development character for the project area. As
phases are implemented, landscape plans shall be approved which are
consistent with and implement these concepts, and are consistent with
existing improvements established by a Master Plan on file with the
City Planning Division. Detailed landscaping plans shall be submitted
to and be approved by the City of Santa Ana Planning Division prior to
issuance of a building permit and installed prior to issuance of a
certificate of Use and Occupancy.
a. Setback Areas. To create a unifying element surrounding the
project srea, a landscaped edge will be maintained adjacent to
Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur
Boulevard, and interior streets. This edge will contain formal
tree plants with turf below.
b. Side and Rear Yard Setback Area. All building setback areas
shall be landscaped utilizing ground cover, lawn, and/or shrub
and tree materials consistent with existing improvements.
c. Parking Area. In all areas where there is surface parking,
the following standards shall apply:
Setback The width of the landscaped edge adjacent to parking
areas shall be a minimum of ten feet from the interior rear and
interior side yard property lines.
Trees A landscape planter, not less than five feet by five
feet, including the thickness of the raised curb, shall be
required consistent with exi~ting improvements, at a ratio of one
planter for each four parking spaces. For every ten parking
spaces; each planter will require one 15 gallon size tree, 8 five
gallon size shrubs and ground cover to serve as filler
materials. Other organic or inorganic materials are not accepted
for substitution for ground cover or turf.
7. Enforcement. The penal provisions and permit requirements set
forth in Article VIII of the Santa Ana Municipal Code (effective as of
the date of adoption of this Specific Development Plan) shall apply to
all development within the Lake Center SpecifiC Development Plan.
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SECTION 8 - OPERATIONAL STANDARDS
1. Conditions Covenants and Restrictions (CC & R"s) shall be provided
which requires future tenants and property owners to participate in
the required Transportation Demand Management Program and other
mitigation measures as specified in the Environmental Impact Report.
2.
Each future structure{s) shall be required
Review to ensure conformity with the Master
Environmental Impact Report to provide the
conditions to ensure compliance.
to submit for Site Plan
Plan and certified
opportunity to apply
3.
Prior to issuance of a Building Permit,
ultimate street right-oi-ways on Lake
per the approved site plan.
dedicate curb returns and
Center Drive and Susan Street
4. Prior to issuance of a Utility Release. complete the following:
a) Comply with all mitigation measures applicable to the approved
Site Plan and aa set forth in the Draft EIR. and as modified in
the response to comments portion of the EIR.
b) Comply with the requirements of the Development Agreement.
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90-625289
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Th!:, ;:: ~r. Cllrtify that tiils (tur.t!~snt
Is ~n;scii::-": for frea n;:.~(:r'~ =-::y .
/ the uty of Lama Ana u:1fj~r Go~e~}ll8nt ~
Coda Sectlon~. .~ ~ (j. I
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RECORDING REQUESTED BY
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.1cCOADED IN OFF!CIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
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WHZN RECORDED MAIL TO:
Clerk of the Council
city of Santa Ana
20 civic Center Plaza
Santa Ana, CA 92701
.22Q PM NOV27 '90
4 t2. ~RECORD&R
74H
f$ 1300 J
C2
(Above Space for Recorder's Use Only)
DEVELOPMENT AGREEMENT
FOR LAKE CENTER PROFESSIONAL OFFICE PARK
THIS DEVELOPMENT AGRE~~2 ("DeveJ,p~!IL~I}.t Agreement")
is made and entered into this day of ~L~, 1990, by
and between the CITY OF SANTA ANA, a municipal corporation
organized and existing under the laws of the State of
California ("City"), and CALIFORNIA PACIFIC PROPERTIES, a
California general partnership ("Developer").
R E C I TAL S:
A. California Government Code 5S 65864 n ~.
provide that the legislative body of a city may enter into a
development agreement with persons having legal or equitable
interests in real property for the development of real
property in order to, among other things: (i) vest certain
rights in the developer; (ii) provide certainty in the
approval of development projects in order to avoid the waste
of resources; (iii) encourage investment in and commitment to
comprehensive planning which will make maximum efficient
utilization of resources at the least economic cost to the
public; (iv) strengthen the public planning process ~nd
encourage private participation in comprehensive planning;
and (v) reduce the economic costs of development by providing
assurance to the developer that the developer may proceed
with its projects in accordance with existing policies,
rules, and regulations subject to conditions of approval.
B. Pursuant to California Government Code Section
65865, the City has adopted its Resolution No. 82-92,
establiShing procedures and requirements for the approval of
development agreements. Developer has applied to the City
pursuant to California Government Code Sections 65864-
65869.5, and pursuant to said Resolution for approval of the
Development Agreement set forth herein.
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c. The City desires to enter into this Development
Agreement with Developer in order to facilitate the
development of certain property' (the "Property") known as
"Lake center Professional Office Parkt' (the "Development"),
more fully described in Exhibit A and shown on the map set
forth on Exhibit 5, both attached hereto. Such development
shall be in accordance with (i) Specific Development Plan
No. ~, adopted by the same ordinance of the City which
approved this Development Agreement (the 'tPlantt) and (ii)
Existing Development Regulations (as defined below); provided
however, no use which is permitted only pursuant to the
issuance of a conditional use permit by the Plan shall be
considered part of the "Development" within the scope of this
Development Agreement. The city has given notice of its
intention to adopt this proposed Development Agreement, has
conducted public hearings thereon pursuant to Government Code
Section 65867, and the City'S Resolution No. 82-98 and has
found that the provisions of this Development Agreement and
its purposes are consistent with the objectives, policies,
general land uses and programs specified in the City's
General Plan, the Plan, and the Existing Development
Regulations. In connection with its approval of the
Development, a Final Environmental Impact Report ("EIR") was
prepared and certified by the city Council on 6~ T^~~A I '
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D. Developer has engaged, prior to the date of this
Development Agreement, in substantial development activity on
the Property, and has completed approximately fifty percent
(50\) of the construction of the Development Plan. In the
course of this work, Developer has provided significant
public benefits and has invested substantial amounts of money
in reliance on project approvals. Continued development of
the Property will require the construction of substantial
public improvements in various phases, many of which
improvements will benefit both the Development and
surrounding areas. certain development risks and
uncertainties associated with the long term nature of the
Development, inCluding the cost of the portion of these
public improvements, could discourage and deter Developer
from making the long term commitments necessary to fully
develop the Property; therefore, the parties desire to enter
into this Development Agreement in order to reduce or
eliminate uncertainties to such development over which the
City has control.
E. As permitted by law, the City and Developer
desire to establish design and development standards tor the
entire build-out period of the Development, including all
phases thereof, the permitted uses for the Development, and
to identify the scope of pUblic infrastructure improvements
to be required for and as a result of the Development.
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F. The city recognizes that Developer may sustain
substantial losses if the city were to default in its
obligations herein undertaken, including the substantial
investment made by Developer to plan the Development.
G. The city, by electing to enter into contractual
agreements such as this one, acknowledges that the
obligations of the city shall survive beyond the term or
terms of the present City council members, that such action
will serve to bind the city and future councils to the
obligations thereby undertaken, and this Development
Agreement shall limit the future exercise of certain
governmental and proprietary powers of the City. By
approving this Development Agreement, the City council has
elected to exercise certain governmental powers at the time
of entering into this Development Agreement rather than
deferring its actions to some undetermined future date. The
terms and conditions of this Development Agreement have
undergone extensive review by the City and its council and
have been found to be fair, just and reasonable, and the City
has concluded that the pursuit of the Development will serve
the best interests of its citizens and the public health,
safety and welfare will be best served by entering into this
obligation. The City acknowledges that Developer would not
consider or engage in the Development without the assurances
of development entitlement which this Development Agreement
is designed to provide.
H. The mutual undertakings, assurances, and
covenants provided for in this Development Agreement provide
public benefits to the City and its residents, including the
promotion of comprehensive planning, private and public
cooperation and participation in the provision of public
benefits, the increase in the City tax revenues from the
Development, and the effective and efficient development of
public facilities and infrastructure supporting the
Development which was contemplated and promoted by Government
Code 55 65864 n ~.
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I. This Development Agreement will promote and
encourage the development of the Property by providing
Developer and its creditors with a greater degree of
certainty of Developer's ability to expeditiously and
economically complete the development effort, and the parties
agree that the consideration to be received by the city
pursuant to this Development Agreement and the rights secured
to Developer hereunder constitute sufficient consideration to
support the covenants and agreements of the city and
Developer. By entering into this Development Agreement, the
City desires to vest in Developer, to the fullest extent
possible under the law, all possible development entitlements
in order to complete the Development.
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J. The City Planning commission and the City
council have found and determined that this Development
Agreement: (i) is consistent with the City's general plan
and all specific plans ascf the date of this Development
Agreement (as referenced in Goverh~ent Code 5S 65450 et ~.)
applicable to the Development; (ii) is in the best interest
of the health, safety, and general welfare of the City, its
residents, and the public; (iil) is entered into pursuant to
and constitutes a present exercise of the City's pOlice
power; and (iv) is entered into pursuant to and in compliance
with the requirements of Government Code 5 65867, the City
Development Agreement Resolution No. 82-92; and the city
Council has adopted an ordinance authorizing the execution of
this Development Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants and agreements contained herein, and other good and
valuable consideration, the receipt of which is hereby
acknowledged, the parties do hereby agree as follows:
1. Bindina Effect of Develooment Aareement. The
Development Agreement pertains to the Property as described
in Exhibit A. The burdens of the Development Agreement are
binding upon, and the benefits of the Development Agreement
inure to all successors in interest of the parties to the
Development Agreement, and constitute covenants which run
with the Property, and in order to provide continued notice
thereof, this Development Agreement will be recorded by the
parties. The assurances provided to Developer in this
Development Agreement are provided pursuant to and as
contemplated by Government Code SS 65864 et ~., and in
consideration for the undertakings of Developer as set forth
in this Development Agreement, and are intended by the City
to be and have been relied upon by Developer to its detriment
in undertaking the obligations and covenants provided in this
Development Agreement and in expending monies and making .
improvements pursuant to this Development Agreement. The
parties agree that the consideration to be received by the
City pursuant to this Development Agreement and the rights
secured to Developer hereunder constitute sufficient
consideration to support the covenants and agreements of the
City and Developer.
2. Relationshio of the Parties. It is hereby
specifically understood and acknowledged that the Development
is a private project and that neither the City nor Developer
will be deemed to be the agent of the other for any purposes
whatsoever.
3. Reservations and Dedications. It is hereby
further understood and agreed that no reservations or
dedications of land will be required by the city as a
condition to development of the Property during the Term {as
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herein defined), except as part of the conditions imposed in
connection with the approval of the site development plan for
the Plan or as otherwise agreed to in writing by the City and
Developer. Nothing herein shall be construed to limit the
City's powers of eminent domain.
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4. ~.
(a) The term ("Term") of this Development
Agreement is fifteen (15) years from the date of
execution, subject to earlier termination as hereinafter
provided.
(b) Pursuant to Section 66452.6(a) of the
California Subdivision Map Act, any tentative Subdivision
Map approved for the Property shall also be extended for a
period equal to the period this Agreement remains in
effect.
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5. Development Standards. In connection with
development of the Property by Developer, the City hereby
agrees that the permitted uses of the Property, density of
use, intensity of use, maximum height and size of proposed
buildings shall be those set forth specifically in the Plan.
6. Proce~~inq of A~olications and Permits. The
City will accept the processing and review of all
applications for permits or other entitlements with respect
to the development and the use of the Property in accordance
with this Development Agreement. It is understood by the
parties to this Development Agreement that pursuant to
existing law, development review approvals shall not remain
valid for the Term of this Development Agreement, but only
for the term of such development review approvals.
Accordingly, Developer shall have the right to file such new
development review applications on portions of the
Development where such previously approved development review
approvals have expired. Any such new development review
'applications filed for the Development shall be reviewed in
accordance with the Plan and Existing Development
Regulations.
7. Develop~ent Review. Nothing set forth herein
shall impair or interfere with the right of the City to
require the processing of building permits as required by law
and to conduct its development review of any specific
improvements proposed for the Development pursuant to the
applicable provisions of Chapter 41 of the City's Municipal
Code which are in'effect as of the date hereof; provided,
however, no such review shall authorize or permit the city to
impose any condition and/or withhold approval to any proposed
building the result of which would be inconsistent with any
term or provision of this Development Agreement, and it is
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hereby further provided that the basis for the City's
development review shall, to the degree possible, be limited
to architectural design and compatibility with the standards
and specifications set forth irtttie Plan and the Existing
Development Regulations specified in Section 12 of this
Agreement. It is further agreed that the City shall in all
events provide the reasons for disapproval in the event that
the City disapproves any building as proposed. .
8. utility Caoacitv. It is hereby agreed that the
city will not undertake any act or neglect to perform any act
or duty which would impair or inhibit Developer's receipt of
water or sewer service subject only to the payment of fees
therefor by Developer. The City hereby represents that it
currently has sufficient water and sanitary sewage capacity
for the entire development of the Property. Nothing herein
shall be construed to limit the city's ability to impose
reasonable conditions on future discretionary approvals which
require Developer to install water and sewer lines and
appurtenances servicing the Property.
9. Assianment. Developer shall have the right to
sell, assign, or transfer all of its interest in the Property
along with all of its right, title and interest in and to
this Development Agreement to any person, firm or corporation
at any time during the term of this Development Agreement
without the consent of the city.
10. periodic Review of Comoliance. In accordance
with Government Code Section 65865.1, the city council shall
review this Development Agreement at least once each calendar
year hereafter. At such periodic reviews, Developer must
demonstrate its good faith compliance with the terms of this
Development Agreement. Developer agrees to furnish such
evidence of good faith compliance as the city, in the
reasonable exercise of its discretion and after reasonable
notice to Developer, may require. Developer shall be deemed
to be in good faith compliance with this Development
Agreement if the city is not entitled by the terms and
provisions of this Development Agreement to terminate this
Development Agreement.
11. Amendment or Cancellation. This Development
Agreement may be amended or cancelled in whole or in part
only by mutual consent of the parties and in the manner
provided in Government Code Sections 65868, 65867 and
65867.5.
12. Vesting of Develooment Riahts.
(a) General statement. As a material
inducement to Developer and its lenders to continue with
diligent efforts to promote the development of the
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Property, the city desires to cause all development rights
which may be required to develop to completion the
Property with buildings and related improvements
consistent with the Plan, to be deemed vested in
developer, as of the date of this Development Agreement,
to the greatest extent permitted by law, and to be free of
all discretionary rights of the city or any body or agency
thereof, except as herein provided, to impose any
subsequent building moratoriums or restrictions on
development which are inconsistent with this Development
Agreement.
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(b) Existing Rules to Govern. In accordance
with the terms of Government Code S 65866, the city and
Developer agree that the ordinances, rules, regulations
and official policies of the City (collectively, the
IIExisting Development Regulations") in effect as of the
date of this Development Agreement, governing the design,
density, permitted land uses, improvement, and
construction standards applicable to the Development shall
govern during the Term of this Development Agreement. For
ease of reference only, a copy of a portion of the
Existing Development Regulations is set forth in Exhibit C
attached hereto. Except as otherwise provided in this
Development Agreement, no amendment to, r~vision'of, or
addition to any of the Existing Development Regulations
without Developer's written approval, whether adopted or
approved by the city councilor any office, board,
commission or other Agency of the City, or by the people
of the City through charter amendment or initiative
measure, shall be effective or enforceable by the city
with respect to the Development, its design, grading,
construction, remodeling, use or occupancy, schedule of
development.
(c) Definition of "Existincr Develooment
Recrulations". As used herein, "Existing Development
Regulations" shall not include municipal laws and
regulations which do not conflict with Developer's vested
rights to develop and use the Property in accordance with
the Plan. Developer and its successors and assigns and
all persons and entities in occupation of any portion of
the Property shall comply with such non-conflicting laws
and regulations as may from time to time be enacted or
amended hereafter. specifically, but without limitation
on the foregoing, such non-conflicting laws and
regulations include the following:
(i) Taxes, assessments, fees and charges;
(ii) Building, electrical, mechanical, fire
and similar codes based upon uniform codes
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incorporated by reference into the Santa Ana
Municipal Code;
(iii) .Laws, inqluding zoning code
provisions, which regulate the manner in which
business activities may be conducted or which
prohibit any particular type of business activity on
a city-wide basis; and
(iv) Procedural rules.
(d) Subseauent "Slow/No Growth" Measures.
Consistent with (a) and (b), above, the City and Developer
specifically agree that any subsequently enacted .
initiatives, referendums, or amendments to the city's
General Plan and/or zoning Code which contain "slow/no
growth" measures or which by their terms are intended to,
or by operation have such effect shall have no application
to the Development. Notwithstanding any such measures,
the mitigation measures required for the Development are
limited to those established by this Development
Agreement.
13. ~nvironwental ComDliance.
(a) ErR Processina ComDleted. Developer hereby
acknowledges that the Development shall be subject to the
mitigation measures set forth in the EIR and identified in
Exhipit D hereto. To the extent that Developer develops
the Development, Developer hereby agrees to implement the
various mitigation measures required to be implemented by
Developer as specified in Exhibit D.
(b) subseauent Environmental Review. In
exercising its legiSlative discretion to enter into this
Development Agreement and to commit the City to the
completion of the Development, the City has reviewed and
considered the potential adverse environmental impacts
related to all aspects of the contemplated project,
including, without limitation, the potential demands the
Development will make on local and regional streets,
highways, parks and recreation areas, water capacity and
water lines, sewer capacity and sewer lines, flood and
storm drain systems, and energy conservation, and the
effect on school capacity, traffic, pedestrian safety,
noise and air quality impacts. The City has further
reviewed and considered from a variety of perspectives,
and has analyzed pursuant to a variety of assumptions, the
projected future regional and cumulative environmental
demands that will compete with the Development for
available capacities and cumulatively add to potential
adverse impacts. In so doing, the City has considered
among other things, the possibilities that:
OCll\DBC\CAL-PAC\CAL-PAC.A04 8
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(i) Federal, local, regional and state
plans, if any, for provision of new infrastructure
systems or expansion of existing infrastructure
systems may be 'delayed, modified or abandoned;
(ii) The types, intensities, and amount of
future regional development may exceed or otherwise
be different from that currently being planned by the
City and other local agencies; and
(iii) Regional and Development generated
demands on infrastructure and utility improvements to
be constructed as a part of the Development may
exceed in either the short run or the long run the
allocated capacities for such demands.
After assessing these and other potential
adverse environmental impacts associated with the
development of the Property, the city has imposed
mitigation measures through the EIR, and this Development
Agreement to the fullest extent the City considers
feasible and necessary. The City has determined that
phased completion of the Development in the manner
contemplated will itself provide the mitigation measures
needed to contribute to alleviate short run and long run
potential adverse environmental impacts, and that the
public benefits of the Development override any potential
adverse environmental 'impacts which may arise during the
development period; therefore, the City agrees, consistent
with California Public Resources Code Section 21166, that
no subsequent or supplemental environmental impact report
shall be required by the City for the subsequent
discretionary approvals except as set forth in said
section.
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(c) Susan/Sunflower Traffic sianal. Developer
shall install a traffic signal at the intersection of
Susan street and Sunflower Avenue (the "Sunflower signal")
in accordance with standard traffic signal warrants.
Because the Sunflower Signal will benefit other property
in the vicinity of the Development, the city shall use its
best good faith efforts to enter into an agreement (the
"Sunflower Agreementll) with the City of Costa Mesa ("Costa
Mesa") (i) requiring Costa Mesa to collect "fair share"
funds (the "Sunflower Funds") from landowners with
development projects in the vicinity of the Development
(inClUding, but not limited to, the "Metro pointe" project
of Arnel Oevelopment company) as a condition to granting
any development approvals for such projects, to the extent
authorized by law, and (ii) requiring Costa Mesa to
transfer to the City all Sunflower Funds collected
pursuant to the Sunflower Agreement. In such event, the
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city shall transfer all Sunflower Funds to Developer, up
to an aggregate amount equal to fifty percent (Sot) of
Developer's total cost of installing the Sunflower signal.
(d) ~ake Center/MacArthur Traffic Signal.
Developer and the City agree that the intersection of Lake
Center Drive and MacArthur Boulevard adjacent to the
Property may require a traffic signal during the term of
this Development Agreement (the "MacArthur signal"). At
any time the city determines through traffic monitoring
that the MacArthur signal is warranted, the City may, by
providing notice to Developer, require Developer to (1)
install the MacArthur Signal in accordance with standard
traffic signal warrants, or, at Developer's option, (2)
pay to the city the cost of installing the MacArthur
Signal, in which case the City shall install the signal.
To ensure the performance of Developer's
obligation, Developer shall post a "faithful performance"
bond in the amount of One Hundred Fifty Thousand Dollars
($150,000.00) as a condition to the City's issuance of a
certificate of occupancy for the first building on the
Property constructed after the effective date of this
Agreement. The city shall release the bond at the earlier
of (i) the Developer'S completion of installation of the
MacArthur Signal, or (ii) six months after Developer
provides accurate written notice to the city that the
Development is at least ninety percent (90%) occupied, at
which time, if the MacArthur Signal has not become
warranted, the Developer's obligation to install the
MacArthur signal shall be extinguished.
14. Enforcement. Unless amended or cancelled as
provided in Paragraph -11, this Development Agreement shall
continue to be enforceable by any party to it,
notwithstanding a change in general or specific plans,
zoning, subdivision, building or other regulations adopted by
the city which alter or amend the rules, regulations or
policies applicable to the Development.
15. Suoersession of Agreement bv Changes in state or
Federal Law. In the event that State or Federal laws or
regulations enacted after this Development Agreement have
been entered into or the action or inaction of any other
affected governmental jurisdiction prevents or precludes
compliance with one or more provision of this Development
Agreement that requires changes in plans, maps or permits
approved by the City, the parties shall:
(a) Provide the other party with written notice
of such state or Federal restriction, provide a copy of
such regulation or policy as a statement of conflict for
the provisions of this Development Agreement; and
OCll\DBC\CAL-PAC\CAL-PAC.AG& 10
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(b) Promptly meet and confer with the other
party in a good faith and make a reasonable attempt to
take such action necessary to protect and preserve the
validity and enforceability of this Development Agreement,
including modification or suspension of this Development
Agreement, only if such action would be ultimately
necessary to comply with such Federal or state law or
regulation and at the same time woUld protect and preserve
the Development Plan contemplated by this Development
Agreement. Thereafter, regardless of whether the parties
reach agreement on the effect of such Federal or state law
regulation upon this Development Agreement, the matter
shall be scheduled for a hearing before the city Council,
.upon thirty (30) days notice, for the purposes of
determining the exact action which is required by such
Federal or state law or regulation.
16. Enforced Delav and Extension of Times of
Performance. In addition to specific provisions of this
Development Agreement, performance by either party hereunder
shall not be deemed to be in default where delays or defaults
are demonstrated to be due to acts of God, war, acts or
omissions of the City, acts or omissions of third parties
which are not a party to this Development Agreement,
including but not limited to, other governmental agencies, or
other causes beyond the reasonable control of Developer. An
extension of time in writing for any such cause shall be
granted for the period of the enforced delay, or longer as
mutually agreed upon, which period shall commence to run from
the time of commencement of cause.
17. Notices. Any notice or instrument required to
be given or delivered to either party to the Development
Agreement may be given or delivered by depositing the same in
the United States mail, certified mail, postage prepaid,
addressed to:
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Developer:
City of Santa Ana
20 Civic Center Plaza
P.o. Box 1988
Santa Ana, California 92702
Attn: City Manager
california Pacific Properties
3070 South Bristol street, Suite 440
Costa Mesa, California 92626
Attn: Mr. Gregory Butcher
city:
Notice of change of address shall be delivered in the same
manner as any other notice provided herein, and shall be
effective three days after mailing by the above-described
procedure.
OCll\DBC\caL-PAC\CAL-PAC.AG4 11
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II
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18. Breach and Remedies.' Notwithstanding any
provision of this Development Agreement to the contrary,
Developer shall not be ,deemed to be in default under this
Development Agreement, and the city may not terminate
Developer's rights under this Development Agreement unless
the City shall have first delivered a written notice of any
alleged default to Developer, which shall specify the nature
of such default. If such default is not cured by Developer
within ninety (90) days of service of such notice of default,
or with respect to defaults which cannot be cured within such
period, Developer fails to commence to cure the default
within thirty (30) days after service of the notice of
default, or thereafter fails to diligently pursue the cure of
such default until completion, the City may terminate
Developer's rights under this Development Agreement. In the
event of a default by either party which is not cured within
the time prescribed hereinabove, the non-defaulting party may
undertake one or more of the following remedies:
(a) Terminate this Development Agreement by
written notice stating the grounds for such action; or
(b) Institute an action for specific
performance of this Development Agreement, it being
expressly agreed that, in the event of a breach of this
Development Agreement, irreparable harm is likely to occur
to the non-breaching party and damages are not an
available remedy. In no event shall either party to
entitled to damages against the other party based upon the
other party's default under this Development Agreement.
19. EstoDDel Certificate. Either party may, at any
time, and from time to time, deliver written notice to the
other party requesting such party to certify in writing that,
to the knowledge of the certifying party, (i) this
Development Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Development
Agreement has not been amended or modified either orally or
in writing, and if so amended, identifying the amendments,
and (iii) the requesting party is not in default in the
performance of its obligations under this Development
Agreement, or if in default, to describe therein the nature
and amount of any such defaults. The party receiving a
request hereunder shall execute and return such certificate
within thirty days following the receipt thereof. The City
acknowledges that a certificate hereunder may be relied upon
by transferees and mortgagees of Developer.
20. Entire AGreement.
and the'eXhibits herein contain
the parties, and is intended by
state the Development Agreement
This Development Agreement
the entire agreement between
the parties to completely
in full. Any agreement or
OC11\DBC\CAL-PAC\CAL-PAC.AG4 12
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representation respecting the matters dealt with herein or
the duties of any party in relation thereto, not expressly
set forth in this Development Agreement, is null and void.
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21. Recordation of Aareement. This Development
Agreement and any amendment and cancellation hereof shall be
recorded in the Official Records of the County of Orange by
the Clerk of the City within the period required by section
65868.5 of the Government Code.
22. Severability. If any term prov~s~on, condition,
or covenant of this Development Agreement, or the application
thereof to any party or circumstances, shall to any extent be
held invalid or unenforceable, the remainder of the
instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than
those as to whom or which it is held invalid or
unenforceable, shall not be affected thereby and each term
and provision of this Development Agreement shall be valid
and enforceable to the fullest extent permitted by law.
23. Section Headinas. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Development
Agreement.
24. Counterparts. This Development Agreement has
been executed in one or more counterparts, each of which has
been deemed an original, but all of which constitute one and
the same instrument.
25. Time of Essence. Time is of the essence in the
performance of the provisions of this Development Agreement
as to which time is an element.
26. ~. This Development Agreement shall be dated
as of the date of adoption of an ordinance of the City
approving this Development Agreement, it being understood
that such an ordinance shall not have been submitted to the
city council for adoption until after the execution of this
Development Agreement by Developer. This Development
Agreement shall become effective on the date said ordinance
becomes effective.
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762
SIGNATURE PAGE
IN WITNESS WHEREOF, the undersigned have executed
this Development Agreement as of the day and year first above
written.
"City"
CITY OF SANTA ANA, a municipal
corporation
ATTEST:
~_:- Y ~(/
nl.ce C. Guy'
city Clerk
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BY:~ r=t~
D e1''' H. You 9
Mayor
,-
Approved to Coriicot
rI"-,.
~
City .nager
APPROVED AS TO FORM:
tf~t&, Esq.
city Attorney
By:
"Developer"
OCU\DBC\CAL-PAC\CJlL-PAC.AG4 . 14
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763
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this ~ day of September, 1990, before me, the
1 undersigned, a Notary Public in and for said state,
personally appeared GREGORY L. BUTCHER, personally known to
me or proved to me on the basis of satisfactory evidence to
be the person who executed the within instrument as a partner
of CALIFORNIA PACIFIC PROPERTIES, the partnership that
executed the within instrument, and acknowledged to me that
such partnership executed the same.
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WITNESS my hand and
OFFICIAL SEAL
lORI L WHITE
NoIIry Pubfio.ClilornIa
ORANGE COUNTY
My Comm. &po .. 28, 10113
State of California } ss. ~
t~?1
County of Orange e~~1
., ~/ _ A ~'
On this ~ooA.. day of /~A&PNA - in the
year 19'1) ,before me . Clerk of the
Council o~l.ll.4I,-nl' /'9. PANl6- . Deputy Clerk of the
Council of the City of Santa Ana personally appeared 011.,11 I t'-
+ .~~ t, c.. C, ;'i( . personally known to me (or
proved to me on the b sis of satisfactory evidence)
to be the person who executed this instrument as
~Yd'< Ii.vo e L'A!( ~t: :f{~ ~UNr!!.il_
Of the City of Santa Ana and acknowledged to me thaI
the City of Santa Ana executed it.
fl., (1KJ.,vf,-
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EXHIBrr "A"
765
LEGAL DESCRIPTION
Parcel 1
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of
California as per map recorded in Book 492. Pages 6 through 9 of Miscellaneous Maps, in the Office
of the County Recorder of Orange County.
Parcel 2
Parcel 1 of a Parcel Map in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 121, Pages 14 and 15 of Parcel Maps, in the Office of the
County Recorder of Orange County;
EXCEPTING THEREFROM all of Lots 1 and 2 of Tract No. 11420, in the City of Santa
Ana, County of Orange, State of California, as per map recorded in Book 492, Pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of Orange County.
Parcel 4
Parcels 1 and 2 of Parcel Map No. 84-876 in the City of Santa Ana, County of
Orange, State of California, as shown on a map thereof flied in Book 196, Pages 22 through 24 of
Parcel Maps, in the Office of the County Recorder of said Orange County.
Parcel 5
That certain parcel of land situated in the City of Santa Ana, County of Orange, State
of California, being that portion of Parcel 2 as shown on a map tiled in Book 127, Pages 48 and 49
of Parcel Maps in the Office of the County Aecorder of said Orange County lying northerly and
northwesterly of the northerly and northwesterly line of Lot B of Tract No. 11421 as shown on a map
thereot filed in Book 505, Pages 20 through 22 of Miscellaneous Maps in said Office of the Orange
County Recorder.
7~~2
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EXHIBIT B
.MAP OJ' PROPERTY
The map of the property is set forth in the attached copies of
"site Plan and "Existing and Future Buildings."
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Lot 1
Tentative Tract Map 1130
5.583 Acres
S-*w_.
Soure.: ST.... Inc.
s.....
lsa
Tentlltive Tract
Lot 1
Lot 2
Tract Hap 11421
Lot 1
Parcel Hap
Parcel
m Pareel
Tract Ha
., 1I1U:KF Lot 1 p
Lot 2
HOT TO ICALI'
.....'.
Loc 2
Tentative Tract Hap
3.520 A'c res
Lot 1
Tract Hap 11421
3.153 Acres
Plircel 2
Parcel Hap 84-876
3.150 Acres
Lot 2
Tract Hap 11420
6.688 Acres
Parcel 1
Parcel Hap 84-816
7.091 Aeres
Lot 1
Tract Map 11420
1.722 Acres
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LEGEND:
o EXISTING QUILDING
tlf~.il!;di FUTURE BUlL-DING
Hap 11308
F lGUAE 1
5.583 Acres
3.520 Acres
3.153 Acres
84-816
1
2
11420
7.091 Acres
3.150 Acres
SITE PLAN
1.722 Acres
6.688 Acres
...,,, , '7"~~
J .907 Ac r I: S
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768
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7~5
APPROXJ MATE PLAN
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LAKE CEN.TER
A PROFESSIONAL OFFICE PARK
California Pacific Prooerties
Santa Ana
N .
0.
LEGEND:
D_EXISTIN9 ~UILDING
fUTURE .BUILOINQ
"'
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EXHIBIT C
EXXSTXNG DEVELOPMENT REGULATIONS -- PARTXAL
Sec. 41-&70. Standards for approval.
Plans for a development project shall be approved if the
developmene pro)aot, aA proposed in the plane, 5ati5fies the
following standards:
(1) The development project is consistent with the general
plan and with any applicable specific plan adopted
pursuant to California Government Code, section 65450
et seq.
(2) The development project is consistent with development
design and architectural standards adopted by
resolution of the city council.
(3) The development project provides for adequate vehicular
and pedestrian access and circulation and vehicular
parking.
(4) The development project provides for adequate access
for city emergency and service vehicles and equipment.
(5) The development project provides for adequate utility
services.
(6) The development project complies with all applicable
standards and regulations set forth in this chapter,
inCluding but not limited to landscaping requirements,
trash area enclosures, and screening requirements for
loading and parking areas.
OCll\DSC\CAL-PAC\CAL-PAC.AO' ili
7RS946
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770
DI~ ~FJ' (Aucus. 1, J~90)
JDr.I'!' n
LAKE CBftBR. 8PBC:rP%C DBVBLOP'lDT
KI'1'IGA'1'IOH KOBIlfOR.IlIG p~
EARTH RESOURCES
1. Grading shall be conducted by the project applicant in accordance with plans prepared
by . civil engineer and based on recommendations of a soil engineer and an
engineering geoJopt subsequent 10. the completion of I comprebeDSive son and
geologic: invcstiaation Cor lhe proposed .UVdures. PermaDent reproducible copies oC
the -Approved IS Bunt- vading plans on standard size sheets shall be furnished by tbe
project applicant to the Building DcpartmcnL ",
Responsible Party:
Prior to grading permit iss~ance 8: during
grading operation
Grading plan check and periodic field
inspection during grading operation
Sr. ~ Ian Olcck Engineer, Building Oi\ision
Jiminr of ImplementationNerif'icRtion:
Method of Verification:
Verification ~8mes &: Dates):
2. A complete erosion study shaU be prepared by the project applicant prior to tbe start
of any grading activities to minimize the erosion potential created during development,
and &rading opcntions by the applicant shaJJ be in conformance with aU City of Santa
Ana ordinanc:cs pertaining to grading.
J1min~ of ImplementationNerificlItion: Prior to grading permit issuance. and
during grading operation
Method or Verification: Grading plan check and periodic field
inspections
Responsible Paf1Y: Sr. Plan 0Kd Engineer, Building Division
y~"ficatinn (Name &. Dale):
88SMMP
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DRAFT (Au&:ust 7, 1990)
3. Possible water erosion during construction shall be mitigated by the installation oC
temporary erosion control devicea by the project applicant. as required by the State
. Regional Water Quality Control Board. '
Timilll of ImplemcntBtionNerific8tion:
P.;or to grading pennit Luuance and during
grading operation
Grading plan check and periodic field
inspections
Method of Verification:
Responsible Party:
Sr. Plan Cleek Engineer, Building Division
Verification (Name &. Date):
4. Utilization of desiltation dcvices such as sandbags in areas that may discharge into
city streets shall be implemented by the project applicant prior to the commencement
of grading activities.
Timine of ImplementationNcrification:
Prior to grading permit issuance
Method of Verification:
Grading plan check and field inspection
Sr. Plan Check Engineer, Building Division
Responsible Party:
Verification (Name & Date):
S. The grading plan prepared by the applicant shall include a description of haul routes,
access points to thc sitc, and a watering and sweeping program designed to minimize
impacts of haul operations.
Timb'i of ImplementationNerifiC:Btion:
Prior to approval of any grading permits
and implementation during grading phase
Grading plan check and periodic field
inspections
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Method of Verification:
Rcsponsible Party:
Sr. Plan OJeck Engineer. BuDding Dhojsion
Verification QJame &. Date):
88SMMP
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7~i948
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772
DRAFT (Aul:ust '. 1990)
6. All structures shall be designed by the applicant in ac:c.ordance with the seismic design
provisions of the Uniform Building <;odes to promote safety in the event of an
earthquake. .
Timine of ImplementationNerification:
Prior to approval of any grading permits
and implementation dud..g grading phase
Method of Verification:
Grading plan check and periodic field
inspections
Responsible Party:
Sr. Plan Cleek Engineer, Building Division
Verification (Name & Date):
WATER
7. Prior to issuance of grading permits, onsile drainage improvement plans prepared by
the applicant shall be reviewed and approved by the City of Santa Ana Public Works
Department, . and said onsile improvements shall be constructed by the project
applicant.
Timini of ImplementationNerification:
Prior to grading permit issuance
Method of Verification:
Grading plan check and field inspection
Respon!iiible Parties:
Sr. Plan Cleek Engineer, Building Division
&. Manager. Engineering Services
Verification (Name & Date):
8. AU development within the Santa Ana River floodplain shall be carefully reviewed by
the City of Santa Ana to ensure that it is located and designed to minimize potential
damage from flooding and to ensure that such development does not endanger other
ar~~.
TIminr of JrnplementationNerification:
Prior to grading permit issuance
Method of Verification:
Grading plan check and field inspection
Sr. Plan Oleek Engineer. Building Division
& Manager, Engineering Services
Responsible PartIes:
Verification (Name & Date):
88SMMP.
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DRAFf (AuRust 7, 1990)
9. The proposed project shall comply with city standards descnbed in the General Plan
as tbey apply to buildings and parking structures located in a floodplain.
Timinr of ImplementarionNerification:
Prior to grading permit issuance
Method of Verification:
Written evidence provided by applicant
Sr. Plan OJeck Engineer, Building DiviSion
&. Manager. Engineering Services
R~ponsible Parti~:
Verification (Name &. Date):
"
NOISE
10. All construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m.,
Monday through Saturday. No construction shall be: permitted on Sundays or federal
hollda)~. .
Timinf of ImplementationNerification:
Prior to grading permit issuance
Method of Verification:
Grading plan check and field inspection
R~nsibl~ Panies:
Sr. Plan Cleek Engineer, Building Division
Verification (fiame & Date):
11. Where appropriate. construction equipment shall be muffled to reduce construction
noise impacLS.
Timinr of ImplementationNeritication:
Prior to grading permit issuance
Method of Verification:
Grading plan check, written \'CriCication
provided by appliant, and field inspection
:;
Responsible Parties:
Sr. Plan Cleek Engineer. BuDding Division
Verification (Name &. D8t~):
88SMMP
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7RS950
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DRAFT (Au&:ust 7. 1990)
1~. All c:onslruclion activities ,hall comply with atllocal. ,tatc, and federal construction
noise regulalions.
Timini of ImplcmentationNerification:
Prior to grading permit issuance
Method of Verification:
Written verification from applicant &. field
inspection
Responsible Panics:
Sr. Plan Oeek Engineer" Building Divisi~n
Verification (Name & Dat~):
13. The project applicnat shall use a textured parking surface, such as asphalt or textured
concrete in the parking structure to reduce tire noise.
Timini of Implcmcn18tionNerification:
Prior to building permit issuance
Method of Verification:
Architectural plans check and field
inspection
Responsible Parties:
Sr. Plan Check Engineer, Building pivision
Verification (Name & Date):
UGHT AND GLARE
14. All rooftop mounted parking structure lights shall be located and shielded so that all
light is contained within the boundaries of the project and no light spillage occurs to
adjacent properties.
Timini of ImplementBtionNerification:
Prior to building permit issuance
Method of Verification:
Architectural plans check and field
inspection
Responsible Parties: .
Sr. Plan Check Engineer, Building Division
VerificBtion (Name & Date):
885MMP
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DRAFr (August 7t 1990)
15. All parking strUcture interior lights shaJl be hiah intensity discharge (stem mounted)
with no light spillage to adjacent properties. No fluorescent tube fIXtures shall be
allowed.
. Timinr of Imp)ementationNerifjcation:
Method of Verifjcation:
Re$ponsible Parties:
Verificstion (Name & Date):
Prior to building permit issuance
Architectural plans check and fjeld
inspection
Sr. Plan 0Jeck Engineer, BuildinJ Division
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16. Ught and glare from automobiles within the parking structures shall be screened with
solid, opaque wall materials while maintaining all ventilation requirements of the
Uniform Building Code.
Timin~ of ImplementRtionNerification:
Method of Verification:
RC$ponsible Parties:
Verification (Name & Date):
Prior to bunding permit issuance
Architectural plans check and field
inspection
Sr. Plan (1)cck Engineer, Building Division
17. The applicant shall install non-reflective glass windows on the bottom floors of all new
buildings.
Timin2 of TmplementationNerification:
Method of Verification:
Responsihle Parties:
T
i Verification (Name &. Date):
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88SMMP 6
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Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan (1)eck Engineer, Building Division
. .7.76
DRAI'" (Au&,:ust 7, 1990)
TRAFFlClCIRCULA nON
18. With thc first building permit for thc proposed project, the project applicant shall
construct 8 traffic signal at the intcrsection DC Susan Street/Sunnower Avenue in
accordance with standard traffic signal warrants. Under the terms of a pending
reimbursement agreement between the cities of Santa Ana and Costa Mesa. the
project applicant shall install, and provide initial costs for, this traffic signal but shall
eventually be reimbursed Cor all but thc .Cair sharc. of the signal costs associated with
the proposed Lakc Centcr project.
Timinr of ImplementationNerification:
Concurrent with first building permit
construction
"
Method of Verification:
Improvements plan check and field
inspection
Responl'ible Parties:
Verification (Name & Date):
Manager, Enginecring Scrvices
19. The projcct applicant shall install multiway (4-way) "stop" signage at the intersection
of Lakc Center and Susan Strcet. .
Timini of ImplemenlationNerification:
Prior to first building permit issuance
Method of Verification:
Improvements plan check and field
inspection
Responsible Parties:
Sr. Plan Check Engineer. Building Division
& Manager, Engineer Services
Verification (Name & Date):
20. Thc project applicant shall post a faithful performance bond [or thc future installation
of a traffic signal at Lakc Center and MacArthur Boulevard. This intersection shall
be monitored as thc project is constructed for satisfaction of signal warrant
requirements and the signal shall be installed as warranted.
Timine of ImplementationNerification: Prior to grading permit issuance
Method of Verification: Wriuen evidence provided by applicant
Re.~pon~ihle Panies: Sr. Plan Cleek Engineer. Building Division
. &. Manager, Enginecr Services
Verification ()lame & Date):
885MMP
7
7~4P3
777
DRAFT (AulDst 7, 1990)
21. The project applicant shall pay the Oty of Santa Ana transportation system
improvement fees which contribute funding towards needed areawide transportation
improvements.
1
I
i
i
TimiD' of ImplemcntationNcrification:
Prior to grading permit issuance
R~poDsible Panies:
Written evidence provided by applicant &.
City Manager's Office
Sr. Plan Clcck Engineer. Building Division
&. Managec. Engineer Services
Method of Verification:
Verification (Name &. Date):
"
22. The project applicant shall provide plans for and install a bus stop shelter at the
existing bus stop location at Susan StreetJSunfiowcr Avenue in accordance with Orange
County Transit District standards. Said plans shall be reviewed and approved by the
City of Santa Ana and OCID prior to issuance of building permits.
Timine of ImplementationNerific8tion:
Prior to building permit issuance
Method of Verification:
Written evidence provided by applicant &
oern
Responsible Parties:
Sr. Plan Check Engineer, Building Division
& Manager. Engineering Services
Verification (J'olame &. Date):
23. The project applicant shan implement the proposed Transportation Demand
Management (1DM) Plan for the new development proposed within lhct.akc Center
specific development area. The roM Plan shall be administered by an onsite
coordinator who shall be tbe responsibility of the property owner.
Timinr of Implcment8tionNerification:
Ongoing during life of project
.,-
I
I
!
i
;
Method of Verification:
Written evidence provided by applicant on
an annual basis
Re$}..>nsible Parties:
Manager. Engineering Services" Manager,
Planning Department
Verification (Name" Date):
G:88SMMP.BB
8
7~
'.
'778
DRAFf (Au&ust '. 1990)
24. Ughting plans prepared by the project applicant shall be revised and approved by the
City or Santa Ana prior to building permit issuance to ensure that pedestrian ac:ccss
routes to the bus stop at SunOowet and Susan Irc adequately illuminated.
Timinr or Imptement8tionNerification:
Prior to building permit issuance
Method of Verification:
Plan check and field inspection
Re$ponsibJe Parties:
Managet, Engineering Services &. Sr. Plan
Check Engineer, Building Division
Verification (Name &. Date):
..
25. A stop sign shall be installed by the project applicant at aJl driveway locations to
control outbound traffic Dows. The City of Santa Ana Public Works Department
shall review and approve placement of stop signs prior to issuance or building permits.
Timinr of JmplementationNerification:
Prior to building permit issuance
Method of Verification:
Improvements plan check and field
inspection
R~ponsible Parties:
Manager, Engineering Services &. Sr. Plan
Check Engineer, Building Division .
Verification (Name & Date):
26. Landscape plantings and signs shall be limited by the project applicant to 36 inches in
height y,ithin 25 feet of project drivcwa)'S to ensure good visibility. The City of Santa
Ana Planning Department shall review Bnd approve landscape plans prior to issuance
of grading permits.
Timinr of ImplementationNerification:
Prior to buDding permit issuance
Method of Verification:
Landscape plans cheek and field inspection
Responsible Parties:
Manager, Engineering Services &. Sr. Plan
Check Engineer, Building Division
Verification (Name &: Date):
885MMP
9
7~ag-55
.77B
DRAFr (August 7, 1990)
27. To ensure smooth traffic operations for vehicles entering and exiling the site, a striped
median shall be provided by the project 8!,plicant on Susan Street. The City of Santa
Ana Public Works Department shall review and approve onsite roadway improvements
. prior to issuance oC building permits.
I
Timinr of Implement8tionNerific8tion:
Prior to building permit issuance
Method of Verification:
Improvements plan check and field
inspection
Responsible Parties:
Manager, Engineering Services & Sr. Plan
Check Engineer, Building Division "
Verification ~ame &. Date):
Am QUALITY
28. The applicant shall implement fugitive dust suppression measures in accordance with
South Coast Air Quality Management District's Rule 403. Implementation of these
measures shall be monitored and reported to the City of Santa Ana.
Timini of ImplementationNerification:
Prior to grading perm~t issuance
Method of Verification:
Grading plan check aDd field inspection
Responsible Parties:
Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
29. Prior to the issuance of building permits Cor any new industrial uses, the applicant
shall provide evidence to the City of Santa Ana demonstrating compliance with all
SCAOMD Regulations, including Regulation XIll. New Source Review, as applicable.
Timin~ of ImplementationNerification:
Prior to building permit issuance
r
Method of Verification:
Written evidence provided by applicant
R~))Onsihle Parties:
Sr. Plan Cbeck Engineer. Building Division
Verification (Name & Date):
88SMMP
10
7~
.'
II
.-
780
PUBLIC SERVICES, UTILITIES AND ENERGY CONSUMPTION
DRAFT (Aul:ust " 1990)
Polices Senicf's
30. Lighting of the project site ,haU comply with the Santa Ana Security Ordinance.
Liahlina plan, shall be reviewed and approved by lhe City of Santa Ana prior to
iss!Jance of building permits.
Timinr of ImplementationNerification:
Method of Verification:
Re$ponsible Parties:
Verification (Name & Date):
Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan Cleck Engineer, Building Division
31. Requirements for private security systems shan be determined by the City of Santa Ana
Building Department prior to issuance of occupancy permits, and shaH be installed by
the project applicant accordingly.
TImini of ImplementationNerification:
Method of VerificBtion:
Responsible Parties:
Verification (Name &. Date):
Fire Protection Services
Prior to issuance of cenificates of
occupancy
Architectural plans check and final
inspection
Sr. Plan Cleek EnginCCl Building Division
32. The project applicant shall pay an area fee to the city based on an area fee allotment
formula for acquisition oC fire department personnel and equipment.
Timinr of ImplementationNerification:
Method of Verification:
RC$pon~ibJc PaTties:
Verification (Name & Date):
885~.fMP
11
7-iSg-57
Prior to building permit issuance
Written verification Crom City Manager's
office
Sr. Plan OJeck Engineer. Building Division
&. Fue Department
,.
DMIT (August 7, 1990)
781
r
j
33. As determined by the City of Santa Ana, the project applicant shall provide funds to
hire an additional Fire Safety Analyst for that period oC time Crom initial plan submittal
to IIpproval or final tenant improvement plan, or provide an independent fire plan
check company (approved by the Santa Ana Fire Department) to do the fire plan
. check for this project.
Timinf of ImplementBtionNerificalion:
Prior to tentative tract map submittal
Method or Verification:
Wriuen verification from City Manager's
office
Responsible Parties:
Sr. Plan OJeck Engineer, Bunding Division
&. Fife Department, Plan Review Manager
Verification (Name &. Date):
34. As determined by the City of Santa Ana. the project applicant shall provide funds to
h~: e an additional Fire Safety Specialist II for that period of time from laying of
foundations to the Certificate DC Occupancy Cor the final lenant improvement plan.
TIminr of ImplementationNerification:
Prior to final tract map submittal
Method of Verification:
Written verification from City Manager's
office
Responsible Pa.rties:
Sr. Plan Cbcck Engineer, BuDding Division
& Fire Depanment, Plan Review Manager
Verification (Name & Date):
35. Prior to building permit issuance. tbe City of Santa Ana shall require that the project
plans include built-in fire protection in individual buildings when circulated fire flow
exceeds 3.soo gallons per minute.
Timinr of ImplementationNerific8tion:
Prior to building permit issuance
"I
I
i
,
i
Method of Verification:
Building plans check and field inspection
Sr. Plan Cled Engineer. Building Division
&. Fire Depanment, Plan Review Manager
Responsihle Parties:
Verification (Name & Date):
88SMMP
12
75Jih-5a
; .
". < . I 7'82
l;,
~
DRAFT (Aucust 7, 1990)
36. Prior to building permit issuance landscape plans shall be reviewed and approved by
the City oC Santa Ana to confirm that landscaping materials include fire-retardant plant
species.
Timinr of ImplementationNcrification:
Method of Verification:
RCliponsible Parties:
Verification (Name & Date):
Prior to building permit issuance
Landscape plans check and field inspection
Sr. Plan Cicek Engineer. Building Division
&. FlJ'e Department, Plan Review Manager
"
37. Prior to building permit issuance. the City of Santa Ana shall require that the project
plans include use oC fire-retardant building materials.
Timinf of ImplementationNerification:
Method of Verification:
Responsible Parties:
Verification (Name &. Date):
Utilities
Prior to building permit issuance
Architectural plans check and field
inspection
Sr. Plan Cleek Engineer. Building Division
&. Fife Department, Plan Review Manager
38. Reinforcement of onsite telephone facUities shall be. implemented by the project
applicant. Onsite telephone facilities intended for acceptance by Pacific Bell shall
be built to Pacific: Bell specifications.
Timini of ImplementationNerification:
Method of Verification:
Responsible Parties:
Verification (Name &. Date.):
88SMMP
75Sl59
13
Prior to building permit issuance
Improvements plan check and written
verification from Pacific Bell
Sr. Plan Cht:Ck Engineer, BuildingDivision
.:
.;. ,
t'T
, i
Ii
!
II
i
i
i)
DMIT (Aueust 7, 1990)
783-
39.
Prior to building permit issuance, the project applicant shall consult with Southern
California Edision (SeE) and Southern California Gas (SeG) representatives to ensure
the proposed project design is compatible with existin& electrical and natural gas
, services, respectively, and 10 reduce impacts of possible short.term outages to existing
customers during construction.
Timinr of IrnpJementBtionNerific8tion:
Prior to building permit issuance
Method of Verification:
Improvements plan check and written
verification from Southern California
Edision and Southern California Gas
Responsible Panies:
Sr. Plan Qedc Engineer, BuDding DiviSion
Verification (Name &. DatCV=
40. Prior to issuance of building permits, the City of Santa Ana shall determine through
plan revic:v.'S that installation by the project applicant of needed onsite electrical and
natural gas systems to serve the project shall be coordinated with installation of other
utilities.
Timil1i of ImpJementationNerification;
Prior to building permit issuance
Method of Verification;
Improvements plan check and field
inspection
Re$ponsible Panics:
Sr. Plan DIeck Engineert Building Division
&. Manager, Engineer Services
Verification O'lame &. Date):
41. Prior to issuance of building permits. tbe City of Santa Ana shaH determine through
plan reviews that aU buiJdinas constructed by.the project applicant within tbe project
site shall adhere to the State Title 24 energy standards. which set r 0 rt hen e r gy
conservation requirements.
TIml"&' of lrnplementationNerification:
Prior to building permit issuance
Method of Verification:
Building and architectural plan checb and
field inspection
Responsible Parties:
Sr. Plan Cleek Engineer, BuDding Division
Verification (J'Jame &. Datc):
88SMMP
14
7e&-60
, :: ~84
DRAFT (August 7, 1990)
42. Prior 10 issuance of building permits, the City or Santa Ana shall determine through
plan rcvie\\'S that all appliances to be bUtalled b~' the project applicant within the
project site shan be energy efficient in accordance with the California Administrative
. Code, Title 20, Chapter 2, Subchapter 4, Article 4.
Timinr of ImplemenlationNerificatiQn:
Prior to building permit issuance
Method of Verifica\ion:
Building and architectural plan checks and
field inspection
Responsible Parties:
Sr. Plan Check Engineer, Building Division
Verification (:Name &. Date):
43. The project applicant shall consult with SeE and sea concerning energy conservation
programs that could be incorporated into the project during construction.
Timin( of ImplementationNeritic8tion:
Prior to buiJding permit issuance
Method of Verification:
Written verification from Southern
California Edision &. Southern California
Gas
R~ponsihle Parties:
Sr. Plan Check Engineer, Building Division
Verification (Name & Date):
44. Prior to building permit issuance, plans for private onsite water supply facilities to
serve the project (fire hydrants and water lines) shall be reviewed and approved by the
City of Santa Ana Public Works Department, and shall be installed subsequently by
the project applicant.
Timinr of ImplementationNerific8tion:
Prior to building permit issuance
Method of Verification:
Improvements plan check and field
inspection
Responsible Parties:
Sr. Plan 01eck Engineer. Building Division
& Manager, Engineer Services
Verification (Name & Dat~):
885MMP
15
1.5&&1
\.
DRAFT (Au&usC " 1990)
.' 785'
45.
Prior to building permit issuance, the City of Santa Ana Public Works Department
shall determine chac waler conservation measures are incorporated into the site design
in accordance with app]~ble state and city statutes and policies, including the use of
low-nush toiJeLs, low-now faucets, self..closing valves on drinking fountains. water
. pressure-reducing valvcst low-waler-using plants in landscaping, and efficient landscape
irrigation systems that minimize run~rr and evaporation and maximize water reaching
plant roots.
.---
, i
"
i I
i i
j I
i!
Timin, of ImplementlltionNerification:
Prior to building permit issuance
Method of Verification:
Landscape plan check and building
(plumbing) plan check and field inspection
.
RC$ponsible PaTties:
Sr. Plan Cleek Engineer, Building Division
8:. Manager, Engineer Services
Verification (Name &:. Date):
46. Prior to building permit issuance, onsite wastewater collection facilities needed to serve
the project shall be reviewed and approved by the City of Santa Ana Public Works
Department and shaJJ be instalJed by the project applicant.
Timinr of ImplementationNerificBtion:
Prior to bUJlding permit issuan::c
Method of Verification:
Improvements plan check and field
inspection
Responsible Parties:
Sr. Plan Check Engineer, BuDding Division
8:. Manager, Engineer Services
Verification (Name &. Date):
47. Prior to building permit issuance, site plans shall be reviewed by the City of Santa
Ana Public Works Depanment to verify that adequate space is provided onsite for
recycling receptacles..
".--
Ii
I
j
I
!
Timill' of ImplementationNerification:
Prior to building permit issuance
.M~thod of Verification:
Building plans check and field inspection
RespondbJe Panics:
Sr. Plan O1eck Engineer, Building Division
&. Manager, Engineer Services
Verification (Name & DaJe):
885MMP
16
7.5S962
, -
....-., ~ i',8H
~ ",
DRAFr (Aultust 7, 1990)
A1TACHMENT B
MmGATlON MONITORING PLAN
SAMPLE COMPLIANCE VERIFICATION FORM
~.
.(Earth, Waler, Traffic. etc.)
Mitigation Measure: /I _ Impact Issue:
Location:
Onsile
Offsite
Administrative
Proj~t Phase:
Design
Construction
.
Operati~n
Description or Activity/Melhod or Implementation:
Disposition:
Mitigation measure for the above-noted project phase impk Dented.
No furlher action is required.
Mitigation measure for the above-noted project phase is not fully
implemented. Funber acdon required. (Please explain below)
.
The mitigation measure for the above-noted project phase is not
in compliance. Further action required. (Please explain below)
CommentslRevisions:
Completed by: Name:
Title:
Date:
G:LCMMP.BB
~,
Approved by: Name:
Title:
'Date:
'--
7 SBr03
ORDINANCE NO. NS-2688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND C.J. SEGERSTROM AND SONS FOR THE
PROPERTY LOCATED GENERALLY AT 3500 WEST LAKE
CENTER DRIVE
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. Pursuant to these Sections, an amendment to
a Development Agreement may only be entered into after following the same procedure
used in entering into an initial Development Agreement.
B. The City and California Pacific Properties, a California general partnership,
have previously entered into a Development Agreement dated October 15 1990, recorded
as Document No. 90-625289 with the Recorder of the County of Orange (hereafter
referred to as the "Development Agreement"). On February 23, 1995, a portion of the
property covered by the Development Agreement was transferred to C.J. Segerstrom and
Sons, by Grant Deed recorded as Document No. 95 0099264 with the Recorder of the
County of Orange. This Amendment relates solely to the property described in said Grant
Deed which is owned by C.J. Segerstrom and Sons. The term of the original
Development Agreement is fifteen (15) years.
C. C.J. Segerstrom and Sons has applied to amend the Development
Agreement between the parties to extend the Development Agreement's term by adding
an additional ten (10) years, for a total of twenty-five (25) years from and after the date of
execution of the original Development Agreement (subject to express exceptions noted in
the Development Agreement).
D. The City enters into this amendment to the Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
Ordinance No. NS-2688
Page 1 of 3
758-64
E. The Planning Commission has, following a duly noticed public hearing, on
April 25, 2005, recommended approval of this Development Agreement.
F. 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 project developer to contribute a greater
percentage of benefits than would otherwise be required, and represent benefits which
would not otherwise be required as part of the development process.
G. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
H. This project has been found to be exempt from the provisions of the
California Environmental Quality Act and a notice of exemption shall be filed in relation
thereto.
SECTION 2: The amendment to 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 Council is hereby authorized and directed to cause this Development Agreement to
be recorded with the 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.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
Ordinance No. NS-2688
Page 2
758-65
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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-2688 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-2688
Page 3 of 3
758-66
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
ATfN: Clerk of the Council
FREE RECORDING
GOVERNMENT CODE ~ 6103
FIRST AMENDMENf TO
DEVELOPMENf AGREEMENf
THIS AMENDMENT is made and entered into this _ day of , 2005, 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 C.J.
SEGERSTROM & SONS, a California general partnership ("Developer").
City and Developer hereby agree as follows:
A. 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 Developer in the
development process. City enters into the Amendment pursuant to the provisions of the
Government Code and applicable City policies.
B. The City and California Pacific Properties, a California general partnership, have
previously entered into a Development Agreement dated October 15 1990, recorded as Document
No. 90-625289 with the Recorder of the County of Orange (hereafterreferred to as the
"Development Agreement"). On February 23, 1995, a portion of the property covered by the
Development Agreement was transferred to Developer, by Grant Deed recorded as Document
No. 95-0099264 with the Recorder ofthe County of Orange This Amendment relates solely to the
property described in said Grant Deed which is owned by Developer.
C. The City and Developer wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by
adding an additional ten (10) years, for a total of twenty- five (25) years from and after the date
of execution of the Development Agreement (subject to express exceptions noted in the
Development Agreement).
D. The parties hereto acknowledge the following:
(I) This Amendment is intended to assure adequate public facilities at the
time of development.
1
758-67
(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) Developer 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 infrastructure 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 to City for entering into this Amendment represent benefits which would not
otherwise be required as part of the development process. .
F. On April 25, 2005, 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 Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On
,2005, the City Council of the City of Santa Ana ("Council"), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Amendment.
G. Property Affected hy this Agreement. This Amendment pertains solely to the
property as illustrated in Exhibit "A-l and described in Exhibit "A-2 to this Amendment, which
are incorporated herein by this reference as though fully set forth. In case of any discrepancy
between Exhibit "A-l and Exhibit "A-2 , the parties agree and acknowledge that Exhibit "A-2
shall prevail in full.
H. Term. Section 4 of the Development Agreement is hereby amended.to read, in its
entirety, as follows:
4. Term.
(a) The term ("Term") of this Development Agreement is
twenty-five (25) years from the date of execution, subject to earlier termination as
hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision
Map Act, any tentative Subdivision Map approval for the Property shall also be
extended for a period equal to the period this Agreement remains in effect.
2
758-68
I. Effect of Amendment. Exhibits "A-l and "A-2 to this Amendment shall
supercede and replace Exhibit "A" 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 of a conflict, terms contained herein shall prevail over conflicting
provisions of the Development Agreement.
J. Effective Date lJnchanged. The parties to this Amendment further agree
that the effective date of the Development Agreement, set forth in paragraph 26 therein,
is unaffected by this Amendment to the Development Agreement.
IN WIlNESS WHEREOF, the Parties have executed this Amendment the day and year first
above written.
ATTEST:
CIlY OF SANTA ANA,
a charter city and municipal corporation
Patricia E. Healy
Clerk ofthe Council
By
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
CJ. SEGERSTROM & SONS,
a California general partnership,
By
Benjamin Kaufinan
Chief Assistant City Attorney
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
Approved as to Fonn.
Latham & Watkins LLP
B~~
By: HTS Management Co., Inc.,
a California corporation
M~ J
By:, oily ~eAJi;
Title: Senior Vice President
3
758-69
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) s.s.
County of Orange )
On May 3, 2005 before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom,
personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument
~ KAREN G. WHOLEY
- Commission" 1353094
i " - Nota6~~:cCo~~~omia 1~
~ M)r C<<rlm, ~Irw May 04, 2006 K
- - - -- -- -- ........ -- -- -- -- ...... -
State of California)
ss
County of Orange)
On May 3, 2005, before me, Karen G. Wholey, Notary Public, personally appeared Sally E. Segerstrom, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
i------------......----
~ KAREN G. WHOLEY
_ Commiuion t 1353094 ~
~. Notary Public. Callfomla ~
~ Orange County f
_ _ _ ~:o:m~~":.-~~2~
OPTIONAL
CAPACITY CLAIMED BY SIGNERS Partners: 0 Limited 0 General [gJ Managing
C.J. Segerstrom & Sons, by Henry T. Segerstrom Management LLC.
Signers are representing: HTS Management Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Title or type of document:
Number of pages:
(excluding loose certificates)
Date of document:
Signer(s) other than named above:
758-70
~
Notary Public in and for said State
5
, .
758-71
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AMENDMENT TO DA 90-3
C.J. SEGERSTROM AND SONS
3500 WEST LAKE CENTER DRIVE
I
. I SEGERSTROM
PROPERTfES
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I SO-58
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PLANNING
AND
BUILDING
AGE N C Y
EXHIBIT "A-1"
758-72
Exhibit "A-2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights,. but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22,23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
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758-73
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Parcel D (Developed Land):
Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. 1. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (private Street and Driveway)
Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, .
in the Office of the County Recorder of said County.
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758-74
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