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Home My WebLink About FULL PACKET_2007-03-19ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-551 RELATED TO THE SANTA ANA EARLY PREVENTION AND INTERVENTION COMMISSION JWF 3/1/07 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By ordinance No. NS-2732, the City Council established the Early Prevention and Intervention Commission (EPIC) as an innovative public/private partnership dedicated offering Santa Ana youth alternatives to the gang involvement. B. A unique characteristic of the 17-member EPIC is the appointment of a number of commission members directly by other public agencies, including local school districts. Some of those agencies have expressed a desire to appoint officers of their agencies including elected members of their governing boards. Such appointments would potentially implicate the constitutional principle of incompatible office, which, if applied, could cause an officerlappointee's office with his(her governing board to be involuntarily vacated. C. A cornerstone principle underlying EPIC is coordination and collaboration among public agencies impacting and serving the youth of Santa Ana. D. The City Council finds that the participation by officers of the public agencies who have been delegated the authority to appoint members to EPIC is in the public interest and would further the goals of EPIC as articulated in Ordinance NS-2732 and therefore the City Council wishes to expressly permit officers of other public agencies to serve on EPIC and in doing so render inapplicable the principle of incompatible office as applied to EPIC. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of Ordinance No. NS-_ 11 A-1 Page 1 of 3 the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Sections 2-551 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-551. Members (a) The Commission shall consist of seventeen (17) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 901 of the Charter of the City of Santa Ana. (b) Two (2) additional at-large members shall be appointed by the City Council. These members shall serve a maximum of two terms of four years each, and shall be subject to the same qualifications, term limits and removal as set forth in Section 901 of the Charter of the City of Santa Ana; except that the City Council may choose to appoint persons who are not qualified electors, in which case such members shall be non-voting members in the same fashion as those appointed pursuant to (c), below. (c) There shall be eight (8) additional non-voting members appointed as follows: one appointed by the governing board of the Santa Ana Unified School District; one appointed by the governing board of the Garden Grove Unified School District; one appointed by the governing board of the Rancho Santiago Community College District; one appointed by the Santa Ana Chamber of Commerce; one appointed by another chamber of commerce in Orange County selected by the City Council; one appointed by the director of Orange County Probation Department; one appointed by the director of the Orange County Social Services Department; and one appointed by a faith-based organization in the community selected by the City Council. These members shall serve four-year terms, and a maximum of two terms of four years each. Said members shall be entitled to attend all meetings of the Commission and to participate in the discussions to the same extent as the Council-appointed members, but they shall not make, second, or vote on motions, or be counted for purposes of determining whether a quorum exists for voting purposes. (d) Persons appointed pursuant to subsection (c) by the Santa Ana Unified School District, the Garden Grove Unified School District, the Rancho Santiago Community College District, the Orange County Probation Department, and the Orange County Social Services Department may be an officer of their respective agency and/or a member of the governing board of the agency, whether elected or appointed. 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 Ordinance No. NS- Page 2 of 3 11 A-2 remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers 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- 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-_ 11 A-3 Page 3 of 3 11 A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: CONTRACT AWARD FOR FLOORING TO PROTECT ARTIFICAL TURF AT THE SANTA ANA STADIUM (SPEC. NO. 07-023) C ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from Macleod Turf Shield as nonresponsive to the specification. 2. Award a contract to Terraplas North America to provide flooring to protect the artificial turf at the Santa Ana Stadium, in the amount of $225,853. DISCUSSION The Santa Ana Stadium is a heavily utilized community asset. Not only for sports, including soccer and football, but also for community events such as the Mother's Day Concert and the Children's Winter Holiday Party. As a result, all of these activities require a high level of maintenance of the grass field. In order to provide a consistently high quality playing field, the Parks, Recreation and Community Services Agency recently upgraded the field to a high-grade synthetic turf. In order to continue to use the sports field for special events and allow for tables, chairs, and a large volume of people on the field, a protective surface is required to safeguard the new synthetic turf from damage. The notice inviting bids was advertised on February 2 and 5, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 2 Bids received Bids were received, opened on February 21, 2007 and evaluated. The bid received from Macleod Turf Shield did not meet the requirements to provide complete technical specifications and product literature for their product and therefore is considered nonresponsive. The bid received from Terraplas North America is responsive to the specification and meets the City's requirements . 22/"x'1 22A-2 REQUEST FOR. COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: ~~ CONTRACT AWARD FOR LAKE AERATION SYSTEMS FOR THORNTON AND CENTENNIAL PARKS (SPEC. NO. 07-024) C -_- CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Keeton Industries, Inc., for lake aeration systems for Thornton and Centennial Parks, in the amount of $34,499. Over the past year, the Parks, Recreation and Community Services Agency has been renovating the eight-acre lake at Centennial Park and the two-acre lake at Thornton Park. Aside from improved landscape and hardscape, the renovation plan includes the purchase and installation of an aeration system for both lakes. Build up of sludge has caused algae to flourish; the new specialized aeration system will remove the sludge. Operating continuously, this installed system will improve water quality, clarity and condition at the lakes. The notice inviting bids was advertised on February 2 and 5, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 1 Bid received A bid was received, opened on February 21, 2007, and evaluated. The bid from Keeton Industries, Inc., is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds are available in the Recreation and Community Services Facilities Maintenance Other Contractual Services account (account no. 11-260-6291). GUb Gerardo N~OUet Executive1Director Parks, Rec. & Comm. Svcs APPROVED AS TO FUNDS AND ACCOUNT: . L&'rancisco Gutierrez 7~ Executive Director Agency~f~f~_AFinance & Mgmt. Services Agency r_nn/ran /no_non o..,,. 22B-2 REQUEST FOR COUNCIL ACTION ~f CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 19, 2007 TITLE: CONTRACT CHANGE ORDER NO. 1; SANTA ANA SCHOOL CROSSING SIGNAGE (PROJECT NO. 06-5011) RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Change Order No. 1 for Santa Ana school crossing signage for an estimated cost of $11,000. Change Order Number: 1 Project Description: Santa Ana school crossing signage Contractor: Sudhakar Company International 1450 Fitzgerald Avenue Rialto, CA 92376 Original Contract Cost: $108,000 Amount of this Change Order: Previously approved Change Order: Total Change Orders $11,000 10.2° 10,800 10.0 $21,800 20.20 23A-1 Change Order No. 1 Project No. 06-5011 March 19, 2007 Page 2 The contract documents require replacement with signs with high visibility fluorescent construction, the actual quantity of signs the estimated quantity for the project. standard have changed the yellow background sign to be white. of existing school signs yellow-green color. During was found to be more than In addition, Federal sign color for "END SCHOOL ZONE" Estimated cost = $11,000 The Council's approval is required to cover the extra costs exceeding the project contingency. FISCAL IMPACT The cost for the change order is estimate at $11,000. Funds are available in the Public Works Account for Pedestrian Walkways Fund (account no. 148-651-6631). ic.C v James G. oss Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez p'A, Executive Director ~"Y Finance & Mgmt. Services Agency K:\COnstru ct ion\RFCA\06-5011 200"1-03-19 CO1 23A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AMEND AN AGREEMENT FOR CONTRACTED ENVIRONMENTAL SERVICES WITH EIP ASSOCIATES AND APPROPRIATION ADJUSTMENT C MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend an agreement with EIP Associates to prepare an Environmental Impact Report (EIR) and related technical studies and zoning amendment for the First and Fourth Streets Study Area for an additional amount of $122,927, not to exceed a total contracted amount of $514,127. 2. Approve an appropriation adjustment recognizing $93,682 in the 2006- 2007 FY revenue account for environmental review fee for the First and Fourth Street Study Area (account 11-01-5452-113) and appropriating $93,682 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services (account no. 11-505-6291) for payment to EIP Associates. DISCUSSION In February 2006 City Council approved an agreement for $391,200 for contracted environmental review for the First and Fourth Street Study Area (Metro East). At the same time an appropriation adjustment was approved recognizing $391,200 in the revenue account for environmental review and allocating a like amount to the Planning and Building Agency account for contractual services. In 2005 a conceptual vision plan and development framework for the First and Fourth Streets study area east of the I-5 Freeway was presented to the City Council and direction given to staff to pursue a comprehensive planning framework for the study area. That vision plan outlined where residential and mixed use development might be appropriate for future development, as well as provided general direction to guide the design of any future development of this type. The purpose at that time was to serve as a strategic guide for decisions regarding the development proposals, general plan updates and zone changes. 25A-1 Amend an Agreement with EIP Associates and Appropriation Adjustment March 19, 2007 Page 2 Since that time, Shea Homes withdrew a development proposal within the study area. Staff has continued to work with NDC Development, who wishes to pursue a residential mixed-use project in the study area. Along with services of EIP Associates, staff identified a number of potentially significant environmental impacts that could be associated with the implementation of the proposed project. Therefore the preparation of an Environmental Impact Report (EIR) for the project is required, as well as the preparation of zoning level documents that can allow for the proposed development. NDC has agreed to share the cost of these studies and will be funding the majority of the recommended contract. An appropriation adjustment is necessary to recognize the additional amount of consultant fees required for the environmental impact report and to allocate a same amount to the Planning and Building Agency 2006- 2007 FY account for contractual services. As a result of the withdrawal of one of the development teams last fiscal year, $29,245 was withheld by the City for Planning fees reimbursed to this applicant. The amount withheld augments revisions to the environmental services due to the withdrawal of Shea Homes. This amount, along with the amount of the requested appropriation adjustment, will cover the net increase to the amended agreement. With the changes and the withdrawal of one of the development teams, a revised scope of work has been outlined. Specifically, the additional monies will fund added environmental analysis including a water supply assessment and health risk assessment. Further, added traffic analysis will be necessary for the study area and region. Staff is recommending a sole source agreement for this project with EIP Associates due to the technical expertise that they have in both environmental analysis for complex projects, as well as for their experience in developing urban design zoning standards. EIP Associates previously prepared the land use study for the project area. This contract will continue to build on that successful effort. Presently, EIP Associates is included in the City's list of qualified environmental consultants and is not under contract with the City or the applicant on any other project. Environmental Impact The awarding of a contract for preparation of an environmental impact report and zoning amendment is statutorily exempt from CEQA. 25A-2 Amend an Agreement with EIP Associates and Appropriation Adjustment March 19, 2007 Page 3 FISCAL IMPACT The applicant of the project, NDC Development, will deposit the additional amount required for the agreement amendment with the City of Santa Ana, in a special account for the proposed project for 2006-2007 fiscal year. The total appropriation adjustment will increase the anticipated revenue in the special revenue account for the project (account no. 11-01-5452-113) by $93,682 and increase the Planning and Building Agency expenditure allocation for contractual services by $93,682 (account no. 11-505-6291) for payment to EIP Associates. APPROVED AS TO FUNDS AND ACCOUNTS: ~~1'~ J~y~h. Trevino Executive Director Planning and Building Agency SK:rb ek\repozte\Amend EIP Con[racC.03.19.09 (~Q~M n,, Ja r ~~~ . ~ e _. Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-3 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AGREEEMENT FOR FLEET MANAGEME SOFTWARE AND SUPPORT SERVICES CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Ron Turley Associates, Inc., for the fleet management software and support services in the amount not to exceed $35,000. DISCUSSION The Fleet Division of Finance and Management Services Agency provides maintenance and support to the City's fleet and miscellaneous equipment. These items include police patrol vehicles, fire apparatus, street sweepers, sedans as well as lawn mowers. Records for the equipment have been maintained on software that is over 25 years old and provides information stating the vehicle configuration, VIN number, and all accessories. Maintenance records for all services performed by the Fleet Maintenance Division are recorded manually. In order to modernize the Fleet system, staff researched the Fleet Industry for Fleet Management software. Flagship Fleet Management, LLC, CCG Systems, Inc., Mitchell I, and Ron Turley Associates, Inc., were identified and were invited to demonstrate their product. The assessment team made up of staff representing Mechanics, Fleet Management, Stores (warehouse) and Finance Department Administration, recommends the Fleet Management Software package from Ron Turley Associates, Inc., based on versatility, ease of use and cost value. The recommended software product will provide a database software program that will facilitate Fleet technicians entering service work orders and monitor the scheduled job completion. It is anticipated that the new software will provide information that will help staff analyze true maintenance costs and fuel consumption. The new program will provide the ability to work in real time and the generated reports will provide Fleet management a tool to maintain the City's vehicle fleet and equipment at approved performance levels while minimizing work crews and inventory levels. 25B-1 Agreement For Fleet Management Software March 19, 2007 Page 2 The Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Chico contract with Ron Turley Associates, Inc., for Fleet Management Software was awarded as a result of open, competitive bidding, and meets the City's requirements. An additional 10 percent contingency amount has been included to allow for follow-up training. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operations Others Contractual Services account (account no. 75-111-6291). L~(Francisco Gutierrez f Director Finance and Management Services Agency FG/KM/Agr03-19-2007.2:uc 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AMENDMENT WITH O' REILLY AND ASSOCIATES FOR RAPID RESPONSE RETENTION PROJECT ~ ~~~ - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with O'Reilly & Associates to increase the contract amount by $54,000 for an amount not to exceed $104,000 in order to complete the second phase of a Rapid Response Retention Project for the Santa Ana WORK Center's Rapid Response services and activities under the Workforce Investment Act's Rapid Response Grant. DISCUSSION The role of the Rapid Response Program is to assist workers to quickly return to productive positions in the workforce and assist employers to explore alternatives to staffing reductions through human resource solutions. On March 6, 2006, the City Council approved a contract with O'Reilly & Associates to develop an early warning system to identify companies who would benefit the most from the program. This phase was completed on June 30, 2006. On November 20, 2006, the City Council authorized a contract with O'Reilly and Associates to begin working with the WORK Center to implement the second phase of the project. O'Reilly assisted the WORK Center in implementing strategies identified during the first phase of the study including facilitating meetings and technical assistance to support the building of an agency resource team. The resource team includes both economic and workforce development specialists. This team will jointly outreach to businesses and implement the early warning system. The resource team has determined that additional meetings are necessary to fully implement the second phase of the Rapid Response Retention 25C-1 Amendment with O'Reilly and Associates March 19, 2007 Page 2 project. Staff is recommending increasing the contract amount by $54,000 to allow for up to twelve additional planning meetings to be facilitated by O'Reilly in order to successfully complete the second phase of the project. FISCAL IMPACT Funds for this contract are available in the Workforce Investment Rapid Response account (account no. 123-176-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~.~~ Ste en G. Ha~ ing Deputy City Manager for Development Services Community Development Agency ~AGSC~~~~rL~ TJ..J1,_.. Francisco Gutierrez ~yJ Executive Director Finance & Management Services Agency SGH/LM/mlr H:\ACTIONS\2007 CC\Amend0'ReillyASSOCRapidResponse Re tentionProj 3-19-07.doc 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AMEND AGREEMENT WITH URS/EG&G TO INCLUDE FY 2007 STATE GOLDEN GUARDIAN FULL-SCALE EXERCISE -r CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing Far CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the agreement with URS/EG&G to include the design, development, and execution of the FY 2007 State of California Southern Region Golden Guardian Full-Scale Exercise in an additional amount of $300,000, for a total aggregate amount not to exceed $1,050,000. DISCUSSION The United States Department of Homeland Security Areas Security Initiative funding program (UASI). local emergency first responders to enhance preparedness to prevent, respond to, and recover The grant specifically provides funding for planning, training, exercises and technical assist has developed the Urban UASI provides funds to security and overall from acts of terrorism. anti-terror equipment, ince . In FY 2006, the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim. The Anaheim/Santa Ana Urban Area was selected by the Governor's Office of Homeland Security to host the FY 2007 State of California Southern Region Golden Guardian Full-Scale Exercise. This exercise is designed to test both the Urban Area and State's emergency response capabilities. The full- scale exercise will focus on an improvised explosive devise involving a stadium and mass transit. URS/EG&G is currently under contract to design, develop, and execute the exercises outlined in the Urban Area's Three-Year Exercise Plan. URS/EG&G will modify their current scope of work to now include the design, development, and execution of the FY 2007 Golden Guardian Full-Scale Exercise. 25D-1 Amend Agreement March 19, 2007 Page 2 FISCAL IMPACT with USR/EG&G Funds are available in the FY 2006 UASI Grant, Other Contractual Services account (account no. 125-334-6291-33409). APPROVED AS TO FUNDS AND ACCOUNTS: \ ~ L~.~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager to execute an agreement with Systems Maintenance Services (SMS) for data center maintenance & support services for a three-year period with an option for two one-year renewals in an amount not to exceed $150,000 per year. DISCUSSION System maintenance and support services for the City Data Center and the Police Data Center are needed to provide repair and preventive maintenance on server class computers, tape libraries, storage devices and other related equipment. On this computer equipment runs all Santa Ana Police Department computerized systems including: computer aided dispatch, records management, jail management, crime scene investigation, special analysis, etc. The City Data Center hosts the payroll system, utility billing system, business tax system, Santa Ana Property Information (SAPIN) system, the City web site, City electronic mail system, and many departmental systems for City Agencies. A Request for Proposal (RFP) for "Data Center Maintenance and Support Services" was issued in June 2006 and advertised. Nine firms were proactively sent the RFP. A total of five proposal responses were received and evaluated by a team of specialists from the Information Services Division. The proposal from Hewlett Packard was deeded not responsive due to not offering all the services sought by the City and for business practices incompatible with those of the City. The evaluation team assessed each proposal based on four criteria: (1) Qualifications and ability to provide required services, (2) Service Strategy, (3) References, (4) Quality and ability of the organization to support the agreement, and (5) Cost. The resulting score of each firm is as follows: 25E-1 AGREEMENT WITH SYSTEMS MAINTENANCE SERVICES FOR DATA CENTER MAINTENANCE & SUPPORT SERVif!F.R Data Center Maintenance & Support Services March 19, 2007 Page 2 Systems Maintenance Services (SMS) 95 points, World Data Products teamed with Decision One 87 points, Computer Specialists Inc. (CSI) 71 points, and Abtech Support 64 points. Based on the assessment of the evaluation team, the Information Services Division recommends that an agreement for required data center maintenance and support services be entered into with Systems Maintenance Services (SMS). Under terms of the agreement the City may terminate the agreement without penalty at any time with 60-day written notice. FISCAL IMPACT Funds are budgeted and are available in the General Fund - Information Services account for contractual services (account no. 11-179-6291). ~'QD~.~r, 1\~ _ Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: CONTRACT AMENDMENT FOR THE CITY HALL PARKING GARAGE CITY NAGER 'RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a fourth amendment to the professional services agreement with Gordon & Williams, Inc. in the amount of $1.1 million for a total contract in the amount of $9.36 million to provide program management services for construction of the parking structure in front of City Hall. DISCUSSION On March 5, 2007 the City Council approved an amendment to the program management agreement with Gordon & Williams and a financing mechanism for additional costs associated with the parking structure in front of City Hall. Although the City Council authorized the additional funding for the work, further information on the proposed site improvements in the City Hall parking lot was requested. The proposed site improvements include the construction of new pavement, curbs, gutters, sidewalk, landscaping, irrigation and lighting (Exhibit 1) Also included is a new pedestrian plaza between City Hall and the proposed parking structure. The sidewalk improvements increase ADA accessibility throughout the parking lot, including the route to City Hall and Council Chambers. Staff recommends approval of the additional $1.1 million to implement the landscaping and hardscape improvements. 25F-1 Contract Amendment for The City Hall Parking Garage March 19, 2007 Page 2 FISCAL IMPACT Funds for construction of the parking garage and preparation of the courthouse development site will be generated from the financing and available in the capital projects account for the Civic Center Parking Structure Project (account no. 51-012-6621, Project No 2740). APPROVED AS TO FUNDS AND ACCOUNTS: 1~James G. Ross 7'Executive Director Public Works Agency Francisco Gutierre~ Executive Director Finance & Management Services Agency.- ~` 25F-2 ~, /.,. ,~ ., STATE BLDG I. __ r ~' ,~ 'r ~ crrr HAU ~ w,~r ~. P9'iAUC1IJRE 9RE IMPROVEMENTS s Mfr _` Hasa o.wrirew wre nw/1A£ ~ • Ica vuauw anooooov/ avw~ uuae WY LLY.90 C1 M141CH MLfd1 FNIIPIILLT - KW PNH.BII ® MYE L/KAfXIq AL~LLR All®IIM1~pI RJR. 81101 BIO~f ty® 1FN PM7IJ LO! 1H111M BRIBI IEW PM]q CQIT'1L BBIBI SANTA ANA Pf 1 AGENDgOUNC [ L Title CONTRACT AMENDMENT FOR u DATE: THE CITY HALL PARKING GARAGE P~~K~+~~~ MARCH 19. 2007 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AGREEMENT WITH DECKSIDE POOL SERVICE TO PROVIDE FOUNTAIN MAINTENANCE SERVICES IN THE SANTA ANA CIVIC CENTER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO RECOMMENDED ACTION FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement, with three one-year renewal options, with Deckside Pool Service to provide fountain maintenance in the Santa Ana Civic Center in an annual amount not to exceed $83,250. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located at the Plaza of the Sun, Sasscer Park, and the Law Library within the Santa Ana Civic Center. The current maintenance contract for this service has expired. The notice inviting proposals was advertised on October 10, 2006, and a request for proposals was solicited. A summary of the request for proposal invitations and proposals received is as follows: 22 Request For Proposals mailed 5 Request For Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors The proposals were received and opened on November 8, 2006. The two firms that submitted proposals were Deckside Pool Service and Service First Pool Service. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of proposal. The evaluation results are as follows: 25G-1 Contract Award for Fountain Maintenance March 19, 2007 Page 2 Score Cost Deckside Pool Service 85~ $66,600/year Service First Pool Service 70~ $118,800/year The bid received from Deckside Pool Service is most responsive to the specification and meets the City's requirements. The City proposes to enter into a two-year agreement with Deckside Pool Service with three one-year renewal options. The annual base contract cost is $66,600. An additional $16,650 is included for unforeseen emergencies, resulting in a total annual contract amount of $83,250. FISCAL IMPACT Funds are available in the Civic Center Maintenance, Other Contractual Services account (account no. 74-242-6291). APPROVED AS TO FUNDS AND ACCOUNT: ~~ Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency ~. . , Francisco Gutierrez, Executive Director ~ Finance and Management Services Agency 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) CONTINUED TO ~i FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Eduarda Yantuche for the purchase of the residential property located at 720 S. Bristol in the amount of $620,000; Panagon Family LTD Partnership for the purchase of the residential property located at 814 S. Bristol in the amount of $610,000; Retha A. Luckey for the purchase of the residential property located at 1306 W. Raymar in the amount of $630,000; Alejandro Ramos for the purchase of the residential property located at 1301 W. Richland in the amount of $600,000; Julio & Leticia Rivera for the purchase of the residential property located at 1302 Willits in the amount of $640,000; Valentina Ruiz for the purchase of the residential property located at 430 S. Bristol in the amount of $565,000; Barbara Farkas for the purchase of the residential property located at 818 S. Bristol in the amount of $620,000. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For 25H-1 RECOMMENDED ACTION Purchase Agreements For Bristol Street Corridor March 19, 2007 Page 2 DISCU33ION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire properties listed above is required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: 1 ~ ~nQSS1S~~SlJ' ~~r.-y- ames G. Ross Francisco Gutierrez xecutive Director Executive Director Public works Agency Finance & Mgmt. Services Agency 25H-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES WALNUT ST. 7 AVENUE TOLLIVER PINE ST ~ STREET MCFADDEN AVENUE WILLITS MATCHLINE SEE ABOVE LEFT EXHIBIT 1 s""TA °"" crrr couNaL TITLe: PURCHASE AGREEMENTS FOR P~ AGENDA DATE BRISTOL STREET CORRIDOR MARCH 19, 2007 (PROJECT 06-1500) weu~ rwxs <aExn NT8 25H-3 25H-4 REQUEST FOR COUNCI4 ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2467 TITLE: LEAGUE OF CALIFORNIA CITIES ANNUAL DUES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City of Santa Ana's membership with the League of California Cities in the amount of $55,322. DISCUSSION The League of California Cities represents the interests of cities throughout California. The League monitors state legislative issues and sponsors training seminars and conferences to educate council members and staff on legislative and policy matters of interest. The League's efforts to strengthen the position of local governments resulted in the successful sponsorship of Proposition 1A which secured constitutional protection of local revenue sources. The membership dues are determined on a per capita basis, and the dues for calendar year 2007 are $55,322. FISCAL IMPACT Funds are available in the City Manager's Office, Legislative Affairs, Other Agency Services account (account no. 11-011-6251). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: AMEND CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW A THIRD CARRIER, METRO PCS, TO COLLOCATE ON A 75-FOOT HIGH WIRELESS FACILITY AT 1517% NORTH FAIRVIEW STREET - WMI ENTERPRISES, INC., APPLICANT li ~-'------~ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving amendment to Conditional Use Permit No. 2002-18 as conditioned. PLANNING COMMISSION ACTION On February 26, 2007, the Planning Commission adopted a resolution approving amendment to Conditional Use Permit No. 2002-18 as conditioned by a vote of 7:0 to allow a third carrier, Metro PCS, to collocate on a 75-foot high wireless facility in the General Commercial (C-1) zoning district at 1517 North Fairview Street. The Planning Commission added two conditions concerning an upgrade to the existing entrance gate and for graffiti removal to the recommended conditions of approval outlined in the attached staff report (Exhibit A). SCAL IMPACT There is no fiscal impact associated with this action. ~~f ~. M. Trevino Ex cutive Director Planning & Building Agency ME:rb me\reporta \cup02-18 amendment.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 26, 2007 TITLE: PUBLIC HEARING - FILED BY WMI ENTERPRISES, INC. TO AMEND CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW A THIRD CARRIER, METRO PCS, TO COLOCATE ON A 75-FOOT HIGH WIRELESS FACILITY AT 1517% NORTH FAIRVIEW STREET Prepared by Marvin Ellenbecker ~tii'1 Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO k,_.Pt,.-~,~-- Planning anager Adopt a resolution approving amendment to Conditional Use Permit No. 2002-18 as conditioned. Request of Applicant WMI Enterprises, Incorporated, representing Royal Street Communications LLC dba Metro PCS is requesting an amendment to Conditional Use Permit No. 2002-18 to allow the colocation of a third carrier on a wireless facility at 1517'/, North Fairview Street. Property Description The property is located within the General Commercial (C-2) zoning district and has a General Plan land use designation of General Commercial (GC) (Exhibit 1) The property is bounded by the Santa Ana River to the east and south, retail and residential uses to the west and retail uses to the north (Exhibit 2). The subject property is approximately 14,363 square feet in size, irregular in shape and improved with a one-story 1,000 square foot construction office building and an existing 75-foot high wireless telecommunications facility. Project Description On February 3, 2003, the Santa Ana City Council approved Conditional Use Permit No. 2002-18 and Variance No. 2003-10 to construct a wireless facility that exceeded 60 feet in height. As part of this entitlement, an EXHIBIT A 31 A-2 Conditional Use Permit No. 2002-18 February 26, 2007 Page 2 existing 99-foot high tower was removed and a new 75-foot high wireless facility was constructed as a monopine. Two wireless carriers, Cingular Wireless and T-Mobile, are currently located on the monopine. The property improvements installed in 2002 included a new 10-foot high split face block wall around portions of the property and vine pockets with Boston Ivy every 10 feet along the new block wall facing the Santa Ana River Bikeway Trail. In addition, a block wall replaced an existing chain link fence along the north property line. Two pine trees were also planted near the area where the new 75-foot high monopine was constructed. Metro PCS is proposing to install a six panel antenna array on the existing wireless facility and lease 119 square feet for equipment cabinets (Exhibit 3). The equipment cabinets will be enclosed by a 10- foot high block wall that will match the existing exterior property wall. The enclosure will be screened on the south side by two metal mesh doors for access to the equipment (Exhibit 4). Two Canary Island pines were planted on site under Conditional Use Permit 2002-18 and are existing; therefore, additional pine trees have not been conditioned. The third carrier, Metro PCS, is colocating below the two existing carriers and the new antennas will be camouflaged within the branches of the existing monopine (Exhibits 5 and 6). Analysis of the Issues In July 1998, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The existing wireless facility is located within an enclosed leased area and the equipment cabinets are screened by a solid wall along the exterior property. Adequate screening is provided for Metro PCS, the third wireless carrier, by locating the new antenna array within the braches of the monopine. The applicant has explored alternatives to the monopine structure such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs for Metro PCS. A 75-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality because it is located in an area with limited access for wireless facilities. The proposed cellular antenna will provide a benefit to Santa 31 A-3 Conditional Use Permit No. 2002-18 February 26, 2007 Page 3 Ana residents, businesses and motorists who subscribe to the three wireless carriers by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located in metal cabinets within the leased area. All wiring and conduit will be underground or hidden in the interior of the monopole. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the north central section of the City. The proposed upgrades and screening are required to accommodate the additional antennas for the third carrier, Metro PCS. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the amendment to Conditional Use Permit No. 2002-18 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-105 will be filed for this project. Marvin Ellenbecker Landscape Development Associate ~ti Vince Freg so, CP Senior Pla ME:jm me\reports\cup0248 amendment.pc 31 A-4 ~1 R1 R7 R1 R1 ~/ / RRt q1 ~ ~ R1 R7 0 ~ 0 _ / R C5° R1 _ L R1 R1 R1 R1 R1 R1 nt- R1 / Rt PRO Q. ~' ~s„ R7 cl~r or ce.aa~ crow " " N~ _ CS R1 - R1 R1 P2P 0 r R1 R1 s E R1 ~P xt R1 a R1 ~ roxRlp ' fl1 ~ 0 R1 / __ ~ s, R1 -b° get ,,. T -tea aEAA R~. ~; R1 Rt p 1 I __ H R4~ II__' il__I - ~ C1 I a Mtl _ 1 -I I `I I- $D36 ier Rl I ~ R4 tIPofR~I~ II 9 Il __ I II ti ~ C1 wnv ~ L-~ i i_ii R1 C1 ~Y~Ct TII~--~ . R C1 R2 Ct ~ I x C1 Cl m WESTMINSTER AV --- - - .t---- 11TH ST -- m;_~Z, ~uL Ct *, Ct~ i, I Ct s ~w,.C~a Cz ~i2 P10 R'L e I SP-2 I _ so- ,~ ~ ~~ 141 fl1 ' / R2 R1 R1 s R2 R1 I~ R3 fl1 II~~m - ,PROJECT "- ~I I ~ R1 ~ _S~TE R' R'STM ~ M1 R3~ I R1 F C R2 R1 R1 R1 w R1 \ R1 " - - C ~~ ~ F1 R1 R1 R1 ~ a ~ w ' R1 R1 R1 R1 R1 R1 n R2 1 R1 R7 ~.~ ~ R2 w~ Rz I R7 R2 R1 I R1 RI R1 ~ ~ R1 D R1 R1 •. ,~- 5R1 R ~ R1 m R7 ~ R7 ,; p~r~o, R1 / 0 0 R2 ` R1 ~ ~ R7 R1~na R2 R2 ~ I / ~ ~ I^nIl Rz Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE C1-MD COMM. COMMERCIALMIUSEUM DISTRICT MO MILRARY OPERATIONS R4 SUBURBAN APARTMENTS C2 GENERALCOMMERCIAL O OPEN SPACE RE RESIDENTIAL ESTATE C3 CENTRAL BUSINESS P PROFESSIONAL 50 SPECIFIC DEVELOPMENT CS-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL AMENDMENT TO CUP 02-18 ~ METRO PCS MONOPINE ~' 1517 3/4 NORTH FAIRVIEW STREET - -=5°D FEET 1"= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 31 A-5 SHOPPING PLAZA AUTO REPAIR 16TH ~ J H LLW ~W O 2¢ y 2~ ~v~ ,~P 2 yP V PRESCHOOL h O P P Q P O 0 0 0 P ANTE ~~ Q ~P P ~ lLAR NNA AMENDMENT TO CUP 02-18 ~ METRO PCS MONOPINE ~,, 1517 spa NORTH FAIRVIEW STREET P L A N N I N G A N D B U I L D I N G A G E N C Y TRUCK REPAIR ST. 2 Y VACANT ~ ' RESIDENTIAL PARKING BAR f w z 3 SFR W EXHIBIT 2 31 A-6 ~~ r VS ~~YS ~ ~~ 3 Q ~~ =~~~~o~gf c~" d r a . ' E S E 8 g ~` s s _. ~ ~i!~ a ~I ~ a - "' ~ M9 9 g3e B '1S /19IANlYd XLNON .\ -`\~ W CUP 02-18 AMENDMENT EXHIBIT 3 31 A-7 U m w w x~ w s F 0. ~ Co-m G ag ~ 2 ~ ~ ~ ~ ~ ~ oso y b ~~-F a o N ~ s ~a'~~ 0 O e~ 0 8 '~~3 g ~5~ N R°@ ~ e s ~~ o~ o w o i$~S J ~§a w ~~~ ~ yy ~ ,5F -giG ~ ~ ex- g~u~g~ i S 2 5 'S C e ~E p ~?~ ~~ i s 5 Iv\ s c.--:}A 'f -. r+i ~, y; .d gem ins sc ci~y ~- ~ t[ 4 ~p ovgg~ ~ ~ ~ugYga ~~ _ ~ ~° ~fe~ i z w ~ §g~ ~ i W d °F ~z ~ _- O CUP'd2I1A/4~NDMENT " ~~j 1~4 ~ 7 `~ e' ~ q ~ ~ a ~ (Y~ b ~ ~ R $3 ~o`E~~ h €~~~ ~a o " 6 ~ p ° e @ i ~ °I14 e e s 'F( i ~ .. ~ ~ r ~ r ~ ~ ~ ~ ~ ~ V '~ ~ u ~ ~ T ~ am ¢~w 4 •lu as <~n IPH4 mWn wNn)u ~ ~ ~a ~ Sti ~ '~ 3 ~`" ~ "~`~ ~' pa ~.~ Q ~°4~~'< ~ e ~ '4'~(' .Ryr Y 3~ ~ . J A ~ S w~~, ~ ~~~ r~ aa~~ 5~+ ~ F Q, < `(i-Y\ ' ~ ~ i ~ r x ~ „$s jam. - ~3 * s ~ ~i^ ~ s ~ i t ".~~~ +5 _ sS C~ °.y ~ I~~Ip s gp~a~ ~ € ~ e ~ 7 ~ i a e I~ ~ ~~ 5 ' __ - ~ (~ j a a.e e g: 1J - ~ e ~~~ _:: i e ~ ~gkli i ~~i E ~$ C c t ~5t~ F[ ¢. s ~ ~ ~~ e..e a8 ~'~~I S Ala s `i ~I~ E t oZ F CUP 02-18 AMENDMENT a " EXHIBIT 5 ~ 31 A-9 RESOLUTION NO. 2007-15 KO 3/5/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW THE COLOCATION ON A 75-FOOT HIGH WIRELESS FACILITY AT 1517 NORTH FAIRVIEW STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 3, 2003, the Santa Ana City Council approved Conditional Use Permit No. 2002-18 and Variance No. 2002-10 to construct a wireless facility that exceeded 60 feet in height. B. The applicant is requesting the amendment to Conditional Use Permit No. 2002-18 to allow the collocation on the 75 foot high wireless facility on the property located at 1517 North Fairview Street. C. The Planning Commission held a duly noticed public hearing on February 26, 2006, on Conditional Use Permit No. 2002-18 to allow the collocation on an existing 75 foot high wireless communication facility at 1517 North Fairview Street. D. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed colocation on the existing 75-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially Resolution No. 2007-15 Page 1 of 6 31A-11 for those users traveling within the north central sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed colocation on the existing monopine, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this general commercial retail area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The existing cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the General Commercial (GC) General Plan designation. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-105 will be filed for this project. Resolution No. 2007-15 Page 2 of 6 31A-12 Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2002-18 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 1715 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 26, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY ADOPTED this 26`h day of February, 2007 by the following vote: I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 26, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-15 Page 3 of 6 31A-13 Conditions for Approval for the Amendment to Conditional Use Permit No. 2002-18 The amendment to Conditional Use Permit No. 2002-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2006-55). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed coloration on the existing monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period on and around the 75-foot monopine facility. 4. The proposed coloration on the existing monopine shall be approved with the following requirements: a) The new antennas shall be camouflaged within the existing branch structure of the monopine. Branches shall be modified to ensure that the new antennas are camouflaged from public view. b) Construct a new 10-foot tall split face block wall to match the existing block wall along the north perimeter of the property to screen equipment cabinets and provide a mesh metal screen for the double doors of the equipment enclosure. 5. The permit applicant recognizes that the frequencies used by the cellular facility located at 1517'/. North Fairview Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning Exhibit A Resolution No. 2007-15 Page 4 of 6 31A-14 and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 6. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 7. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met 8. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 9. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 10. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 11. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. Resolution No. 2007-15 Page 5 of 6 31A-15 12. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 13. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 14. The amendment to Conditional Use Permit No. 2002-18 expires five years from the date of City Council approval. 15. The current carriers, Cingular Wireless and T-Mobile, are approved to construct the 75-foot monopine and must meet all the conditions and requirements for Conditional Use Permit No. 2002-18. All outstanding permits must be closed prior to issuance of new building permits for the third carrier, Metro PCS. 16. The front entrance gate to the property shall be upgraded to a metal frame type gate and metal mesh installed as panels to screen the property from public view. The metal gate frame and mesh shall be painted to match the split face block wall. 17. The property owner shall be responsible for removal of any graffiti to the split face block walls around the perimeter of the property. Graffdi removal must be done within 24 hours of the occurrence. Resolution No. 2007-15 Page 6 of 6 31A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: ADOPT A RESOLUTION TO ESTABLISH THE NEIGHBORHOOD IMPROVF.L~NT AND CODE ENFORCEMENT COMMITTEE G MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the Neighborhood Improvement and Code Enforcement Committee. On February 5, 2007, the City Council modified its committee structure by creating the following four Committees: Development, Transportation, Public Safety, and, Parks, Recreation, Education and Youth. In order to facilitate in-depth review and discussion of key priority issues related to neighborhood improvement, it is recommended that the City Council reestablish the Neighborhood Improvement and Code Enforcement (NICE) Committee as a fifth Council Committee. The NICE committee shall consist of three Councilmembers as determined and appointed by the Mayor. Members shall serve on the committee for a two year term. FISCAL IMPACT There is no fiscal impact associated with this action. 55A-1 jwf: 3/7/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2007-014 ESTABLISHING THE NEIGHBORHOOD IMPROVEMENT AND CODE ENFORCEMENT COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. By Resolution 2007-014 the City Council modified Committees of the Council, creating the Development, Transportation, Public Safety and Parks, Recreation, Education and Youth Committees. B. The City Council seeks to create a fifth committee, the Neighborhood Improvement and Code Enforcement Committee. Section 2. From and after the date hereof, there shall be, in addition to those committees established by Resolution 2007-014, a Neighborhood Improvement and Code Enforcement Committee. Membership and appointment shall be as provided for all other Council Committees. Section 3. Except as expressly amended hereby, Resolution 2007-014 shall remain in full force and effect. ADOPTED this 19`h day of March, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2007-XXX Page 1 of 2 55A-2 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2007-XXX Page 2 of 2 55A-3 55A-4 REQUEST FOR ' ~~" COUNCIL ACTION ~'~` CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED RESOLUTION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT CITY RECOMMENDED ACTION ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution supporting federal funding of eleven projects in the City and authorizing the Executive Director of the Public Works Agency to submit project for funding consideration under the Highway Safety Improvement Program. DISCUSSION The Highway Safety Improvement Program (HSIP) is a federally funded program, which provides construction funds for projects to improve traffic and pedestrian safety, such as traffic signals and signage upgrades. The State of California Department of Transportation has issued a call for projects for the Highway Safety Improvement Program (HSIP) for Federal FY 2006/2007 and FY 2007/2008. Staff is requesting authorization to submit eleven projects for HSIP funding for FY 2007/2008 (Exhibit 1). Given the need for these improvements, staff recommends the City Council adopt a resolution supporting federal funding of these projects and authorizing the Executive Director of the Public Works Agency to submit the designated projects for funding consideration. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. 55B-1 Resolution for HSIP Grant Applications March 19, 2007 Page 2 FISCAL IMPACT The City will need to provide 10~ matching funds and the Highway Safety Improvement Program will provide 90~ of the funding for any project that is approved for funding. The City's 10~ match for those projects receiving HSIP grant funds will be budgeted in a future Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: f C' . James G. Ross Executive Director Public Works Agency i ~' ~ cc~o ~~r ~~ Francisco Gutierrez ~ Executive Director ~ Finance & Management Services Agency 55B-2 Resolution for HSIP Grant Applications March 19, 2007 Page 3 Highway Safety Improvement Program Projects Recommended For Grant Application FY 2007-2008 Location Improvement Cost Harbor Blvd. and Kent Install new traffic Ave. signal $363,000 Civic Center Drive and Install new traffic Pacific Avenue signal $363,000 Flower Street and Santa Ana Blvd. Install left turn arrows $300,000 Flower Street and Install left turn arrows $300,000 McFadden Avenue overhead regulatory Cit ide ~" signs $220,000 Street name signs on Cit ide 1'~"' arterials $297, 000 Regulatory/Warning signs Citywide on arterials and $360,000 overhead Flower - Guardrail and Signage $400,000 Sunflower to MacArthur Flower - Guardrail and Signage $300 000 MacArthur to Alton , Flower - Guardrail and Signage $300 000 Alton to Dyer , Flower - Guardrail and Signage $400 000 Dyer to Warner , Total $3,603,000 EXHIBIT 1 55B-3 3/1/071es RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING FEDERAL FUNDING OF PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECTS FOR FUNDING UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. section 148)is a core program as a result of the passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. B. The State of California Department of Transportation (CalTrans) issued a call for projects for the HSIP for Federal Fiscal Year 2006/2007 and Federal Fiscal Year 2007/2008, to use federal transportation funds for construction of projects that will improve traffic and pedestrian safety, such as traffic signals and signage upgrades. C. CalTrans makes grants available to local governmental agencies under the Program based on the results of a statewide competition. D. Projects eligible for funding include any local agency public road, any local public agency surface transportation facility, any local agency publicly-owned bicycle or pedestrian pathway or trail, or any traffic calming measure on a local agency public road. E. The City Council of the City of Santa Ana possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the HSIP Program. F. The City Council of the City of Santa Ana supports efforts to improve traffic and pedestrian safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency or his designee to execute, in the name of the City of Santa Ana, all necessary documentation and applications required to be submitted to CalTrans for the projects identified in Exhibit 1 for funding under the Highway Safety Improvement Program. 55B-4 3/1/071es Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55B-5 Resolution for HSIP Grant Applications March 19, 2007 Page 3 Highway Safety Improvement Program Projects Recommended For Grant Application FY 2007-2008 Location improvement Coat Harbor Blvd. and Kent Install new traffic Ave. signal $363,000 Civic Center Drive and Install new traffic $363,000 Pacific Avenue signal Flower Street and Santa Install left turn arrows $300,000 Ana Blvd. Flower Street and Install left turn arrows $300,000 McFadden Avenue ulatory Overhea Citywide signs $220,000 Street name signs on Citywide arterials $297,000 Regulatgry/Warning signs Citywide on arterials and $360,000 overhead Flower - Guardrail and Signage $400,000 Sunflower to MacArthur Flower - Guardrail and Signage $300,000 MacArthur to Alton Flower - Guardrail and Signage $300,000 Alton to Dyer Flower - Guardrail and Signage $400,000 Dyer to Warner Total $3,603,000 EXHIBIT 1 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2007-2008 ~ ~l~tar-c ,I,~~f C MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the proposed fiscal year 2007-2008 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2007-2008 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and/or subrecipients awarded funds as part of the approved program. HUMAN RELATIONS COMMISSION ACTION Direct staff to transmit the Human Relations Commission's funding recommendations for fiscal year 2007-2008 Community Development Block Grant Social Services Programs to the City Council. The recommended action was approved by the Human Relations Commission by a vote of 8:0 (Hoa absent) at its Special Meeting on January 29, 2007. DISCUSSION Since fiscal year 1974-1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate-income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including 75A-1 P.H. - CDBG Program FY 07-08 March 19, 2007 Page 2 housing, street improvements, parks and public works improvements, social services, historic preservation and community services. The City's entitlement for fiscal year 2007-2008 will be $7,078,173. No more than fifteen percent of this entitlement may be used for social service programs. The proposed CDBG program and budget for fiscal year 2007-2008 reflect the culmination of a process that solicited proposals from outside organizations and City agencies for the use of the annual entitlement. Invitations to apply for funds were distributed to 160 organizations in September 2006. Staff then met with the Human Relations Commission (HRC) in its capacity as the CDBG Citizen Advisory Board to review the applications and conducted three public hearings held on January 17, 18, and 23, 2007, in the City Council Chambers. Following the public hearings, staff met again with the HRC to draft a recommended social service program and budget for City Council consideration. The proposed fiscal year 2007-2008 CDBG program and budget (Exhibit 1) consists of the Commission's recommendations for social service funding and staff's funding recommendations for the remainder of the program, including capital projects, code enforcement and program administration. The HRC ranking and funding recommendations for the social service programs is also provided (Exhibit 2). The City Council public hearing will provide another opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,078,173. These funds will be available for the approved program effective July 1, 2007. Stephen G~ arding Deputy City Manager for Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency SGH/NTE/mlr H:\ACTIONS\2007 CC\P.H. CDBGProgramFY 07-OB 3-19-07.doc 75A-2 CITY OF SANTA ANA 2007.2008 COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDATIONS TAB APPLICANT NAME SERVICE CATEGORY 06-07 GRANT AMT. 07-OS AMT. REQ. HUMAN RELATIONS RECOMM'D 1 Achievement Ins[. of Scientific Studies Education $ 7,500 $ 9,800 $ 8,500 2 AIDS services Foundations Health /Nutrition Did No[ A 1 $ 25,000 $ - 3 Assistance Lea e Miscellaneous $ 16,000 $ 30,000 $ 20,000 4 Blind Children Thera /Counselin $ 18,000 $ 25,000 $ 18,500 5 Bowers Kidseum Education $ 5,000 $ 5,000 $ 5,000 6 Bo sand Girls Club Recreation $ 29,000 $ 42,000 $ 34,500 7 Cambodian Famil Education $ 18,000 $ 45,000 $ (9,500 8 Cam fire USA Miscellaneous Did Not A 1 $ 15,000 $ - 9 Career Be innin s Education $ 18,000 $ 18,000 $ 15,500 10 Ci of Santa Ana-Helico ter Crime Prevention $ 205,000 $ 250,000 $ 182,500 11 City of Santa Ana-McFadden Learning Center Education $ 60,500 $ 82,242 $ 67,000 12 Ci of Santa Ana-Pro'ect Pride Recreation $ 134,500 $ 162,062 $ 130,500 13 Communi Service Pro am Shelter $ 7,500 $ 12,000 $ 6,000 14 Congressional Dist-Academy of Intl Dance Recreation $ 10,000 $ 16,200 $ 12,000 15 Council of OC St Vincent De Paul-Pio Pico Pro am Education Did Not A 1 $ 20,000 $ 11,500 16 Councilon A in Case Mana ement $ 6,000 $ 18,000 $ 7,000 17 Delhi Center Case Mana ement $ 3,000 $ 40,539 $ - 18 EI Puente Education Did Not A 1 $ 100,000 $ - l9 El California Em to ent Services Did No[ A 1 $ 5,000 $ - 20 Feedback-Meals on Wheels Health /Nutrition $ 22,500 $ 24,000 $ 22,500 Exhibit 1 75A-3 CITY OF SANTA ANA 2007.2008 COMMUNITY DEVELOPMENT BLOCK GRANT TAB APPLICANT NAME SERVICE CATEGORY 06-07 GRANT AMT. 07-OS AMT. REQ. HUMAN RELATIONS RECOMM'D 21 Feedback-Senior Lunch Health/Nutrition $ 22,500 $ 24,000 $ 21,000 22 Health Smiles for kids of Oran a Coun Health /Nutrition Did Not A 1 $ 22,448 $ - 23 HOPE Communi Services Education $ - $ 97,500 $ - 24 Hotline Miscellaneous $ 5,000 $ 5,000 $ 5,000 25 Human 0 lions Education $ 20,000 $ 20,000 $ 17,000 26 Kidsin ers Recreation $ 13,000 $ 20,000 $ 13,500 27 Laura's House Miscellaneous Did Not A I $ 12,000 $ 7,500 28 Legal Aid-Earned Income Tax Credit Outreach Case Mana ement Did Not A 1 $ 7,000 $ - 29 Legal Aid-Health Consumer Action Center Case Mana ement $ 6,000 $ 9,840 $ 6,500 30 Mari osa Thera /Counselin $ 6,000 $ 10,000 $ 6,000 31 Merc House Shelter $ 10,000 $ 60,000 $ 10,000 32 National Council on Alcohol & Drug De endence Health /Nutrition $ 20,000 $ 23,403 $ 15,500 33 O era Pacific Recreation Did Not A I $ 10,000 $ - 34 Oran a Coast Interfaith Shelter Shelter Did Not A 1 $ 15,000 $ - 35 Orange County Bar Founda[ion- Pro amnia Case Mana ement $ 13,000 $ 13,000 $ 9,500 36 Oran a Coun Bar Foundation-sto short Case Mana ement $ 6,000 $ 6,000 $ 6,000 37 Orange County Children Therapeutic Arts Center Education Did Not A 1 $ 34,040 $ 15,500 38 Orange County Human Relations- Common Ground Miscellaneous $ 5,000 $ 26,322 $ 5,500 39 Orange County Human Relations-Heart ofOran a Recreation $ 5,000 $ 31,000 $ 8,000 40 Oran e Coun on Track Education $ 8,000 $ 16,000 $ 9,500 Exhibit 1 75~-4 CITY OF SANTA ANA 2007.2008 COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDATIONS TAB APPLICANT NAME SERVICE CATEGORY 06-07 GRANT AMT. 07-OS AMT. REQ. HUMAN RELATIONS RECOMM'D 41 Oran e Coun Teen Challen a Education $ 9,500 $ 9,500 $ 9,500 42 OC Youth Commission-Santa Ana Boxin Club Recreation $ 8,000 $ 28,800 $ 14,500 43 Relam a o Del Cielo Recreation $ 5,000 $ 10,000 $ 7,000 44 Saint Jose h Ballet Recreation $ 45,000 $ 50,000 $ 45,500 45 Santa Ana Friends for the Animals Miscellaneous $ 5,000 $ 11,000 $ 7,500 46 Santa Ana Hi School Recreation Did Not A 1 $ 100,000 $ 14,000 47 Share Our Selves Health /Nutrition $ 10,000 $ 35,000 $ 9,500 48 Taller San Jose Em to ent Services $ 34,000 $ 66,600 $ 36,500 49 Sou[em California Colle e of O tome Health /Nutrition Did Not A I $ 16,200 $ - 50 Southwest Minority Economic Devele ment Assoc. Health /Nutrition $ 10,000 $ 14,000 $ 9,500 51 Think To ether Education $ 7,000 $ 50,000 $ 16,000 52 Thomas House Shelters Shelter $ 14,000 $ 25,000 $ 10,500 53 TKO Boxin Club Recreation $ 15,000 $ 15,000 $ 15,000 54 Vietnamese Community of Orange Coun Thera /Counselin $ 12,000 $ 67,091 $ 12,000 55 WISE Place Shelter $ 12,500 $ 12,500 $ 10,500 56 Women Hel in Women Em to en[ Services $ 5,000 $ 9,000 $ 6,500 57 Women's Transitional Livin Center Sheller $ 5,000 $ 20,000 $ 9,500 Public Service Allocation $ 950,000 Exbibil 1 75A-5 PROPOSED 2007.08 COMMUNITY DEVELOPMENT BLOCK GRANT NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS 2006-07 2007-08 2007-08 STAFF TAB APPROPRIATION REQUEST RECOMMENDATION Administration & Planning 58 Administration $ 735,000 $ 870,000 $ 870,000 59 Fair Housing Council of Orange County $ 72,396 $ 71,580 $ 71,580 60 General Planning $ 100,000 $ 100,000 $ 100,000 Total Administration & Planning $ 907,396 $ 1,041,580 $ 1,041,580 Capital Improvements 61 Fire Equipment $ 62 Neighborhood Sponsored Improvements $ 63 Pu61ic Works -- Neighborhood Street Improvements $ 64 Parks and Recreation -- Neighborhood Park Improvements $ 475,000 $ 784,000 $ 784,000 50,000 $ 50,000 $ 50,000 400,000 $ 1,521,495 $ 1,493,093 400,000 $ 500,000 $ 500,000 Total Capital Improvements $ Code Enforcement 65 Code Enforcement $ Total Code Enforcement $ Historic Preservation 66 Ebell Society 67 Santa Ana Historic Preservation Society 68 O.C. Natural History Museum Total Historic Preservation 1,275,000 $ 2,855,495 $ 2,827,093 1,720,000 $ 1,700,000 $ 1,700,000 1,720,000 $ 1,700,000 $ 1,700,000 $ 100,000 $ 100,000 $ 39,500 $ 39,500 $ 300,000 $ 100,000 $ 439,500 $ 239,500 Housing Rehabilitation 69 Paint Your Heart Out $ 90,112 $ 90,000 $ 90,000 70 Rebuilding Together O.C. $ 26,000 $ 30,000 $ 30,000 71 Multi-Family Rehab Loans $ 103,911 $ 200,000 $ 200,000 Total Housing Rehabilitation $ 129,911 $ 320,000 $ 320,000 Total Nonsocial Services Request $ TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $ Social Service Requests $ TOTAL 07/08 CDBG GRANT $ 6,356,575 6,128,173 950,000 7,078,173 Exhibit 1 75~-6 CITY OF SANTA ANA 2007-2008 COMMONI7V nEVELOPMENT RI nCK r,RnNT RFenMMPNnennuc 'r A B APPLICANT NAME SERVICE CATEGORY AVE. SCORE 06-07 GRANT AMT. 07-OS AMT. RE HUMAN RELATIONS RECOMM'D 41 Oran e Coun Teen Challen a Education 9.5 $ 9,500 $ 9,500 $ 9,500 53 TKO Boxin Club Recreation 9.3 $ 15,000 $ 15,000 $ 15,000 Achievement Inst. of Scientific 1 Studies Education 9.0 $ 7,500 $ 9,800 $ 8,500 City of Santa Ana-McFadden 11 Learnin Center Education 9.0 $ 60,500 $ 82,242 $ 67,000 Health 20 Feedback-Meals on Wheels /Nutrition 9.0 $ 22,500 $ 24,000 $ 22,500 Health 21 Feedback-Senior Lunch /Nutrition 9.0 $ 22,500 $ 24,000 $ 21,000 44 Saint Jose h Ballet Recreation 9.0 $ 45,000 $ 50,000 $ 45,500 25 Human O lions Education 8.9 $ 20,000 $ 20,000 $ 17,000 5 Bowers Kidseum Education 8.8 $ 5,000 $ 5,000 $ 5,000 6 Bo sand Girls Club Recreation 8.8 $ 29,000 $ 42,000 $ 34,500 City of Santa Ana-Project 12 Pride Recreation 8.8 $ 134,500 $ 162,062 $ 130,500 OC Youth Commission-Santa 42 Ana Boxin Club Recreation 8.8 $ 8,000 $ 28,800 $ 14,500 3 Assistance Lea e Miscellaneous 8.6 $ 16,000 $ 30,000 $ 20,000 Employment 48 Taller San Jose Services 8.6 $ 34,000 $ 66,600 $ 36,500 51 Think To ether Education 8.6 $ 7,000 $ 50,000 $ 16,000 Therapy 4 Blind Children /Counselin 8.5 $ 18,000 $ 25,000 $ 18,500 43 Relam a o Del Cielo Recreation 8.5 $ 5,000 $ 10,000 $ 7,000 Women's Transitional Living 57 Center Shelter 8.5 $ 5,000 $ 20,000 $ 9,500 Orange County Children Did No[ 37 Thera eutic Arts Center Education 8.5 A 1 $ 34,040 $ 15,500 7 Cambodian Famil Education 8.3 $ 18,000 $ 45,000 $ 19,500 Exhibit 2 75A1-7 CITY OF SANTA ANA 2007.2008 COMMNNITY DEVELOPMENT RI OCK (:RANT RFCOMMPUnennuc T A B APPLICANT NAME SERVICE CATEGORY AVE. SCORE 06-07 GRANT AMT. 07-08 AMT. RE HUMAN RELATIONS RECOMM'D Congressional Dist-Academy 14 of Intl Dance Recreation 8.3 $ 10,000 $ 16,200 $ 12,000 26 Kidsin ers Recreation 8.3 $ 13,000 $ 20,000 $ 13,500 Orange County Baz Foundation Case 36 sto short Mana ement 8.3 $ 6,000 $ 6,000 $ 6,000 Santa Ana Friends for the 45 Animals Miscellaneous 8.3 $ 5,000 $ 11,000 $ 7,500 55 WISE Place Shelter 8.3 $ 12,500 $ 12,500 $ 10,500 Council of OC St Vincent De Did Not IS Paul-Pio Pico Pro am Education 8.1 A 1 $ 20,000 $ 11,500 40 Oran e Coun on Track Education 8.1 $ 8,000 $ 16,000 $ 9,500 9 Career Be innin s Education 8.0 $ 18,000 $ 18,000 $ 15,500 Employment 56 Women Hel in Women Services 7.9 $ 5,000 $ 9,000 $ 6,500 National Council on Alcohol & Health 32 Dru De endence /Nutrition 7.9 $ 20,000 $ 23,403 $ 15,500 Crime 10 Ci of Santa Ana-Helico ter Prevention 7.8 $ 205,000 $ 250,000 $ 182,500 Southwest Minority Economic Health 50 Devele ment Assoc. /Nutrition 7.8 $ 10,000 $ 14,000 $ 9,500 52 Thomas House Shelters Shelter 7.8 $ 14,000 $ 25,000 $ 10,500 Orange County Human 38 Relations-Common Ground Miscellaneous 7.7 $ 5,000 $ 26,322 $ 5,500 Orange County Human 39 Relations-Heart of Oran a Recreation 7.7 $ 5,000 $ 31,000 $ 8,000 24 Hotline Miscellaneous 7.6 $ 5,000 $ 5,000 $ 5,000 Did Not 46 Santa Ana Hi h School Recreation 7.6 A 1 $ 100,000 $ 14,000 13 Communi Service Pro am Shelter 7.5 $ 7,500 $ 12,000 $ 6,000 Health 47 Shaze Our Selves /Nutrition 7.5 $ 10,000 $ 35,000 $ 9,500 Case 16 Council on A in Mana ement 7.4 $ 6,000 $ 18,000 $ 7,000 Exhibit 2 75~-8 CITY OF SANTA ANA 2007.2008 COMMONITV nFVFI (1PMFNT RI nCl( rae NT ocrnMMeunennve T A B APPLICANT NAME SERVICE CATEGORY AVE. SCORE 06-07 GRANT AMT. 07-08 AMT. RE HUMAN RELATIONS RECOMM'D Did Not 27 Laura's House Miscellaneous 7.4 A I $ 12,000 $ 7,500 Legal Aid-Health Consumer Case 29 Action Center Mana ement 7.4 $ 6,000 $ 9,840 $ 6,500 Therapy 30 Mari osa /Counselin 7.4 $ 6,000 $ 10,000 $ 6,000 Orange County Bar Foundation Case 35 Pro amnia Mana ement 7.3 $ 13,000 $ 13,000 $ 9,500 Vietnamese Community of Therapy 54 Oran e Coun /Counselin 7.3 $ 12,000 $ 67,091 $ 12,000 31 Merc House Shelter 7.1 $ 10,000 $ 60,000 $ 10,000 Did Not 8 Cam fire USA Miscellaneous 6.9 A I $ 15,000 $ - Did Not 33 O era Pacific Recreation 6.9 A I $ 10,000 $ - Soutem California College of Health Did Not 49 O tomet /Nuhition 6.9 A 1 $ 16,200 $ - Health Did Not 2 AIDS services Foundations /Nutrition 6.4 A 1 $ 25,000 $ - Did Not 34 Oran e Coast Interfaith Shelter Shelter 6.1 A 1 $ 15,000 $ - Employment Did Not 19 EI California Services 6.0 A 1 $ 5,000 $ - Healthy Smiles for kids of Health Did Not 22 Oran e Coun /Nutrition 6.0 A 1 $ 22,448 $ - Legal Aid-Earned Income Tax Case Did No[ 28 Credit Outreach Mana ement 6.0 A 1 $ 7,000 $ - Case 17 Delhi Center Mana ement 5.9 $ 3,000 $ 40,539 $ - Did Not 18 E1 Puente Education 5.1 A 1 $ 100,000 $ - 23 HOPE Communi Services Education 4.9 $ - $ 97,500 $ - Public Service Allocation $ 950,000 Exhibit 2 75~-9 75A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2007 TITLE: PUBLIC HEARING -AMENDMENT APPLICATION NO. 2007-01, ENVIRONMENTAL IMPACT REPORT NO. 2006-01, GENERAL PLAN AMENDMENT NO. 2007-01 AND ZONING ORDINANCE AMENDMENT NO. 2007-01 FOR THE METRO EAST MIXED USE OVERLAY ZONE, AND DEVELOPMENT AGREEMENT NO. 2007-01, TENTATIVE TRACT MAP NO. 2007-01 (COUNTY MAP NO. 17069) AND SITE PLAN REVIEW NO. 2007-01 FOR THE FIRST AND CABRILLO MIXED USE DEVELOPMENT - CITY OF SANTA ANA AND DEVELOPMENT, APPLICANTS , Bc ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing Far CONTINUED TO FILE NUMBER 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 2. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 4. Adopt an ordinance approving Amendment Application No. 2007-01. 5. Adopt a resolution approving General Plan Amendment No. 2007-01. 6. Adopt an ordinance approving Development Agreement No. 2007-O1. 7. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 8. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. 75B-1 AA No. 07-01, EIR No. 06-01, GPA No. 07-O1, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 2 PLANNING ACTION Recommended at its February 26, 2007 meeting, by a vote of 7:0 that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 3. Adopt a resolution approving General Plan Amendment No. 2007-01. And further recommended at its March 12, 2007 meeting, by a vote of 7:0 that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 2. Adopt an ordinance approving Amendment Application No. 2007-01. 3. Adopt an ordinance approving Development Agreement No. 2007-01. 4. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 5. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. DISCUSSION Request of Applicants City of Santa Ana The City of Santa Ana is proposing several entitlements to enact the Metro East Mixed Use (MEMU) Overlay Zone. Amendments to the General Plan Land Use and Urban Design Elements are necessary to allow mixed uses within the District Center designation. The proposed zoning ordinance amendment creates language within the zoning ordinance allowing the creation of overlay zones and the creation of the Metro East Mixed-Use Overlay zone. 75B-2 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 3 In addition, an amendment application will add the Metro East Overlay Zone designation suffix (OZ-1) to the existing properties within the Overlay district. An Environmental Impact Report was also prepared for the Metro East Overlay Zone and the First and Cabrillo Towers project. The City, as the lead agency, is required by the California Environmental Quality Act (CEQA) to conduct an environmental review to analyze the potential environmental effects associated with the proposed project. NDC Development In conjunction with the entitlements for the overlay zone, NDC Development, LLC is requesting approval of a development agreement, site plan review approval and a tentative tract map to allow the construction of two residential high rise buildings with 374 condominium units, minor remodeling of an existing four-story parking structure and 8,800 square feet of retail space at 1901 East First Street. Property Description The Metro East Overlay Zone is comprised of the properties generally bounded by the Santa Ana (I-5) Freeway on the west, Park Court Place and its prolongation to Tustin Avenue on the north, First Street on the south, and Tustin Avenue and the Costa Mesa Freeway (SR-55) on the east. The overlay zone is comprised of over 200 acres of land that is designated in the General Plan as Professional and Administrative Office (PAO) and is currently developed with commercial, office and several large vacant parcels along the western boundary of the overlay zone. The area surrounding the Overlay Zone contains a mixture of residential and commercial properties, including single family to the north and west and a private school and residential uses to the south. The NDC site is a 5.19 acre parcel of land that is located at the northeast corner of First Street and Cabrillo Park Drive. A two-story, 75,300 square foot building that was formerly home to the Sequoia Athletic Club and the Australian Swim School will be demolished to accommodate the proposed project. In addition, the four-story, 669 space parking structure that currently exists on the east side of the property will remain (Exhibits 1 and 2). 75B-3 AA No. 07-01, EIR No. GPA No. 07-O1, ZOA No DA No. 07-01, SPR No. March 19, 2007 Page 4 06-01, 07-01, 07-1 and TTM No. 07-01 The project site is zoned Arterial Commercial (C5) and has a General Plan land use designation of Professional and Administrative Office (PAO). Surrounding land uses include office development to the north, office and vacant land to the south and west, and office and commercial uses to the east. Project Description The purpose of the Metro East Mixed Use Overlay Zone is to introduce development forms and uses that will provide for the creation of a high- intensity, mixed-use urban village within a previously established mid and high-rise office environment. The overlay zone establishes standards which will fulfill objectives to create an active, mixed-use urban village where it is possible to live, work, shop and play within a short walk of each other. The Metro East Public Realm Amenity Plan, which is an 'appendix to the overlay zone, is an outline of streetscape and open space improvements that reinforce the new uses proposed for the Metro East Mixed Use Overlay Zone. The improvements identified are in addition to the normal infrastructure improvements that are consequent to new development. These improvements are proposed to ensure that the public realm complements and supports the introduction of residential uses into this commercial district. In conjunction with the Metro East Mixed Use Overlay Zoning actions, NDC Development is proposing to construct the First and Cabrillo mixed-use development, a project consisting of two high-rise residential towers and ancillary retail uses. This development will consist of two high-rise buildings, a 22-story tower at the northern end of the site, and a 23-story tower on the southern end of the site. These two towers will contain a total of 374 condominium units: the North Tower will contain 183 for-sale units and the South Tower a total of 191 for-sale units. In addition, approximately 8,800 square feet of commercial space will be provided within the project, with a total of 4,400 square feet provided within each tower. Parking has been provided at a rate of 2.06 parking stalls per unit for the project. Parking will be located within the existing four-level parking structure that contains 669 parking spaces and at grade adjacent to the structure where 105 surface parking stalls are provided. These parking areas combined will provide 774 parking stalls. Based on a parking demand of two parking stalls per unit, a total of 748 parking spaces are required for the project (Exhibits 3 and 4). 75B-4 AA No. 07-01, EIR No. 06-01, GPA No. 07-O1, ZOA No. 07-O1, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 5 The architectural concept of these buildings is contemporary in style and incorporates substantial amounts of glazing and private balconies that are intended to develop a sense of movement across the facades. The towers are rectangular in plan and contain contrasting and complementary colors on their body. One tower is a lighter color with dark accents, while the other tower a darker color with light accents. The facades contain balconies which create recesses that not only provide shade for the units, but add to the depth of the facade and visual variety to the towers. The towers are clad with light gray concrete panels that accentuate the vertical elements of the towers. The glazing for the buildings is proposed to be light green tinted that complements the adjacent Xerox Tower. The lower levels of the towers serve as the visual anchor of the development to the ground plane. They are clad with a mixture of basaltine and concrete finishes with painted metal grillwork and louvers to create visual interest at the pedestrian level (Exhibit 5). Eight different floor plans are proposed for the towers, with three one- bedroom floor plans, four two-bedroom floor plans and one three-bedroom floor plan proposed. Table 1 on the following page provides a breakdown of the units within the First and Cabrillo Towers high-rise buildings. Table 1 First and Cabrillo Towers Project 3uamtary Bedrooms Units Proposed Percent of building Square Footage 1 46 13$ 852 1 32 9$ 885 1 and den 44 11$ 1,055 2 164 44$ 1,183 2 11 3$ 1,212 2 11 3$ 1,237 2 and den 44 11$ 1,446 3 22 6$ 1,696 Total 374 100$ n/a A variety of project specific amenities are planned for the project. These amenities include a 1,500 square foot fitness room, a main lobby and a central mail room in each tower. A 5,000 square foot roof deck with a pool, cabanas, lounge chairs, seating areas with tables and 75B-5 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 6 landscaping will be provided on the north tower. A 5,000 square foot roof deck on the south tower will contain seating areas with tables, an outdoor fire pit, a water feature, a kitchen and a meeting room. In addition, enhanced paving and potted landscaping will be provided on the amenity decks of both towers. Finally, private storage space will be provided for each unit. The storage space will be located within each unit and will be a minimum of 192 cubic feet in size. The applicant is also intending to provide a variety of interior amenities for all residential units. The amenity package has yet to be developed but will address unit specific items such as counter tops, flooring, appliances, bathroom fixtures, laundry facilities and private decks. Development amenities are proposed to include an entry lobby with concierge services, a fitness center with top-of-the-line exercise equipment, secured resident covered parking, contemporary storefront glazing in the public areas, enhanced counter tops in all common areas and a building security system. The landscaping concept for the First and Cabrillo project is designed to enhance the existing landscape and streetscape along First Street and Cabrillo Park Drive. To emphasize the urban nature of the area, special hardscape and landscape features such as outdoor seating, lighting, and special pavement treatments will highlight the retail area and sidewalks. A diverse landscape palette will also be provided throughout the project to accent the various architectural treatments along this corridor (Exhibit 6). Analysis of the Issuea Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR included aesthetics/visual resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population, housing and employment, public services, transportation and traffic, and utilities and service systems. In accordance with CEQA, a draft EIR was circulated for review and comment to public, local, regional and state agencies, and interested parties on December 22, 2006 for a 45-day review period. On January 22, 2007 a public hearing was held on the document in order to obtain input from interested members of the public. By the close of the 45-day review period, a total of nine written comment letters on the document were received. 75B-6 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-O1, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 7 The City has evaluated the comments received from persons or agencies that reviewed the EIR. In accordance with CEQA, each public agency that commented on the draft EIR will be provided with a response to its comments at least 10 days prior to EIR certification. The Responses to Comments document, the Mitigation Monitoring Program and the Draft EIR constitute the Final EIR (Exhibit 7). In addition, the Findings of Fact and a Statement of Overriding Considerations have been included for the project. While the EIR determined that almost all potential impacts could be mitigated to a less than significant level, it did find that implementation of the Metro East Overlay Zone would result in short-term unavoidable adverse impacts to air quality and noise, and unavoidable adverse impacts to traffic and circulation. These short term impacts are a result of construction equipment and vehicle emissions, as well as related vibration. Full build out of the Overlay zone would result in an increase in traffic that is substantial in relation to the existing traffic. The First and Cabrillo Towers construction will result in unavoidable adverse impacts to short-term air quality similar to the Overlay Zone. The Environmental Impact Report identifies a series of mitigation measures intended to reduce traffic impacts associated with the amount of building area developed for this project. The mitigation measures include the requirement of a traffic study for each proposed project in the Metro East area and the implementation of improvements and/or the payment of fair share fees as identified in each study. In addition, the EIR requires coordination with transit providers to implement various transit related measures. Further, the First and Cabrillo project had two specific traffic improvements identified: Fair share contributions for the widening of the southbound Fourth Street on ramp to the SB-55 Freeway and the construction of a raised median or a fair share contribution at Sixth Street and Tustin Avenue. As a result of the impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project. A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts. If it is found that the benefits of the project outweigh any potential impacts, the decision makers may then vote to override (Exhibit 8). 75B-7 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-O1, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 8 Zoning Ordinance Amendment In order to facilitate the implementation of the Metro East Overlay Zone, an amendment to Santa Ana Municipal Code (SANG) Chapter 41 will be necessary. The zoning ordinance (Chapter 41) will be amended to allow the overlay zone suffix (-OZ1) and a floor area ratio (-F) suffix. Specifically, the municipal code will be amended to allow properties within Metro East to add the -OZ1 and -F suffix' to the existing zoning. These properties would then be subject to both the base zoning and floor area ratio or the regulations found in the Metro East Overlay Zone and District Center designation (Exhibits 9 and 10). The creation of the Metro East Overlay Zone will introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village. Standards found within the Overlay Zone include allowable land uses, maximum number of stories, minimum development site area, minimum open space, building setbacks and parking (Exhibit 11). Additionally, standards have been developed to promote an active urban setting with emphasis on pedestrian oriented design or active uses on the ground level of buildings (Exhibit 12). Similar to specific development (SD) zones, development projects will be required to gain site plan review permit approval through the Planning Commission. Granting site plan review approval will be based on the findings that the proposal is consistent with the objectives, development standards, and design principles, as well as compatible and harmonious with the Overlay Zone. The overlay zone itself is comprised of four districts: Neighborhood Transitional, Village Center, Active Urban and Office. The Neighborhood Transitional district is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, or office uses. These uses may combine office on the ground floor with residential above or in freestanding single-use buildings on the same site at between two and three stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. 75B-8 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 9 The Village Center District is intended to serve as the focal point and central gathering place within Metro East in well-designed highly connected development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and its emphasis on creating a vibrant, attractive, and highly- interconnected pedestrian environment. Opportunities will be provided for shopping, dining, recreation, entertainment and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and commercial services, or opportunities for leisure walking within the Village Center. This District will provide commercial, office, and residential uses in the same building or on the same site in mid-rise buildings of between four and six stories in settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks north of the District. The Active Urban District is intended as the location for well-designed high rise mixed use developments in a highly urbanized environment that capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (I-5) and Costa Mesa (SR-55), and two major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is envisioned to reflect signature architecture that reinforces the identity and character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential. The Office District contains existing low-to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (I-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. A zone change to allow the development of an "urban village" within this primarily office district will result in a project that is consistent with the City's proposed General Plan land use designation of District Center. Further, the Overlay Zone will promote an urban setting where office, retail and residential activities would coexist in an attractive, well-planned development. 75B-9 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-O1, DA No. 07-01, SPR No. 07-1 and TTM No. 07-O1 March 19, 2007 Page 10 Amendment Application A zone change to allow the development of an "urban village" within this primarily office district will result in a project that is consistent with the City's proposed General Plan land use designation of District Center. With the creation of the MEMU Overlay Zone, a change will need to occur to allow the Overlay Zone suffix (-OZ1) to be added to the existing zoning designations within the Metro East area. The addition of the OZ1 suffix will identify those properties that may exercise the ability to develop under the MEMU zone. Additionally, as a suffix, the base zone will continue to be in place. For example, those properties that may be zoned P-OZ1 (Professional-Overlay Zone 1) can develop or continue to operate an office building to the Professional zone standards or can take advantage of the overlay zone standards and propose a mixed- use project. The proposed zone change will result in a project that is consistent with the goals and objectives of the General Plan. For instance, the mixed- use project will contribute to the promotion of balanced land uses. Also, the project will include a variety of land uses that will enhance the City's economic and fiscal viability. Finally, development in the area, through the construction of the proposed public improvements and site amenities, will contribute to the enhancement of a unique development site. General Plan Amendment In order to facilitate the implementation of the Metro East Overlay Zone, amendments to the General Plan are necessary. The Land Use Element will be amended to change the designations in the subject area from Professional and Administrative Office (PAO) to District Center (DC). The change to the District Center designation allows an urban village development where office, retail and residential activities would coexist in an attractive, well-planned development area. It further allows the continued and future use of office within this designation (Exhibits 13 and 14). Development Agreement The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange 75B-10 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-O1, SPR No. 07-1 and TTM No. 07-O1 March 19, 2007 Page 11 for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits (Exhibit 15). The primary deal points of the agreement include: 1. The right to build the project as entitled for a period of 10 years. 2. Submitting a phasing plan to the City in the event the towers are constructed in two phases. The phasing plan, which must include a landscaping plan, must be submitted to the Planning Commission for approval. 3. Paying the City a fee of $1,450,000 in lieu of the dedication of parkland as required in the City's Subdivision Ordinance (Section 34-204 et seq. of the Santa Ana Municipal Code). In addition, the City will agree to discuss the possibility of the Revere House property as a potential park site. 4. Paying the City a $3,000.00 per unit inclusionary housing fee when each tower has sold 95 percent of the units and the units have obtained their utility releases. 5. Completing all additional off-site mitigation measures as identified the development agreement. 6. Agreeing to petition for and support the establishment of and/or annexation into a Community Facilities District for the property. 7. Executing an irrevocable offer to dedicate to the City property as necessary to effectuate the Metro East Public Realm Improvement Plan. Currently, this consists of property located along First Street and at the northern boundary of the project site, which is identified as a pedestrian alley in the Public Realm Plan. 8. Preparation of Covenants, Conditions and Restrictions (CC&R's) for the project that include provisions establishing occupancy limits and limiting home based businesses to those allowed by the Municipal Code. The proposed terms of this agreement are the result of recently completed negotiations between the City and the developer. Staff recommended that the Planning Commission consider the proposed terms and forward its recommendation on to the City Council, which it did on March 12, 2007. 75B-11 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-O1, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 12 Tentative Tract Map Since the First and Cabrillo development is an exclusively for-sale project, the applicant is requesting approval of a tentative tract map for the project (County Map No. 17069) for condominium purposes. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code as well as the proposed Metro East Mixed Use overlay zoning document. Approval of the tract map will be consistent with the goals and policies identified in the City's General Plan. Policy No. 1.3 of the General Plan Land Use Element encourages high-density residential development within the City's District Centers. Further, Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City (Exhibit 16). Site Plan Approval Finally, the applicant is requesting site plan approval for the project. Pursuant to Section 2 of the Metro East Mixed Use Overlay Zone document, the Planning Commission is required to review and approve all plans for development within the Metro East area to ensure the project is in conformity with the MEMU Overlay Zone standards. The review ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the MEMU area. The project is located within the Active Urban District of the proposed overlay zone. As such, specific design standards were developed for projects within this area. After analyzing the project, staff has found that the project will be in compliance with all applicable standards of the proposed Metro East Mixed Use Overlay Zone and the Metro East Public Realm Plans, including height, lot size, open space and parking. The proposed project is proposing to provide a 45-foot front yard setback, a 24-foot side yard setback and a rear yard setback of 25-45 feet. Although the setback standards for the District range from zero to 20 feet, the project is consistent as a larger setback is permitted if it is used as a public open space, dining/gathering area or special entry area. Since retail space is proposed along First Street and Cabrillo Park Drive, the increased setback is consistent with the plan. Further, the rear yard setback is consistent with the plan as the northern portion of the site will be dedicated to the City for use as a public pedestrian alley. 75B-12 AA No. 07-01, EIR No. 06-01, GPA No. 07-01, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 13 Airport Land Use Commission In accordance with State law, the building height for the two towers (262 feet above grade) and the project's proximity to the John Wayne Airport required the project to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. To comply with this mandate, the City referred the project to the ALUC on February 27, 2007 and is on the March 15, 2007 ALUC meeting agenda. In the event that the ALUC makes a determination of consistency for the project, any conditions of approval resulting from this determination may be incorporated as conditions of approval for this project. In conjunction with the ALUC application package and review, the Federal Aviation Administration (FAA) made a determination on January 1, 2007 that the First and Cabrillo project poses no hazard to air navigation. Planning Commission Actions On February 26, 2007, the Planning Commission held a public hearing on the Metro East Mixed Use Overlay Zone and the First and Cabrillo Towers projects. After extensive discussion regarding both items, the Planning Commission recommended approval of the environmental impact report (Volume I), the zoning ordinance amendment and the general plan amendment for the overlay zone. The recommendation was based on the Commission's desire to encourage a mixed-use, higher density, pedestrian friendly environment in the east area of the City. However, the Commission continued the items related to the First and Cabrillo Towers since the negotiations on the development agreement had not been completed. The Commission requested that all items regarding the towers project be presented at one time and allow a comprehensive review of all actions by the Commission. On March 12, 2007, the Planning Commission held a second hearing on the project. At this hearing, staff reviewed the development agreement with the Commission, including the pertinent deal points. At the conclusion of the hearing, the Commission recommended that the City Council approve the First and Cabrillo development agreement. Conclusion The Metro East Mixed Use Overlay Zone and the First and Cabrillo Towers Project represent a continuation in the urban evolution of the City of Santa Ana. With recent projects, such as MacArthur Place and City Place, 75B-13 AA No. 07-01, EIR No. 06-01, GPA No. 07-O1, ZOA No. 07-01, DA No. 07-01, SPR No. 07-1 and TTM No. 07-01 March 19, 2007 Page 14 as well as successful development activity in neighboring cities in Orange County's central core, such as the new high-rise projects in Irvine, Costa Mesa and Anaheim, the MEMU Plan ensures that Santa Ana will be well-positioned to take advantage of new market opportunities, while at the same time, prudently planning to mitigate the potential impacts of such development. Further, the MEMU Plan and First and Cabrillo Towers Project will work to begin the creation of an environment where it is possible to live, work, shop and play all within a short walk of each other, as well as provide new housing opportunities within the existing fabric of a mid-rise and high-rise office area, helping to improve the region's jobs/housing balance. Therefore, it is recommended that the City Council certify Final Environmental Impact Report No. 2006-01 (Volumes I and II) and approve the mitigation monitoring program and statement of overriding considerations for the Metro East Mixed Use Overlay Zone. In addition, staff recommends that the City Council approve Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, and Zoning Ordinance Amendment No. 2007-01 for the Metro East Overlay Zone. It is further recommended that the Council approve Site Plan Review No. 2007-O1 and Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. FISCAL IMPACT There is no fiscal impact associated with this action. ~~' Jay M. Trevino E cutive Director Planning & Building Agency VF:rb of/reports/First Cabrillo.cc 75B-14 KO 3/13/07 RESOLUTION NO. 2007-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE FINAL ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING FINDINGS OF FACTS/STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE METRO EAST MIXED USE OVERLAY ZONE AND THE PROJECT LOCATED AT 1901 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. B. For purposes of this resolution, the Final Environmental Impact Report No. 2006-01 shall mean Volume I, entitled Metro East Mixed Use Overlay Zone; Volume II entitled First and Cabrillo Towers Project; and Volume III entitled Draft EIR Text Changes, Responses to Comments, and Mitigation Monitoring and Reporting Programs. C. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 3. Adopt a resolution approving General Plan Amendment No. 2007-01. D. On February 26, 2007, the Planning Commission continued the following Resolution No. 2007-026 Page 1 of 5 75B-15 actions to the March 12, 2007 meeting: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. E. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. F. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. G. On March 19, 2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. H. Due to the size of the project and the impacts to the environment, an Environmental Impact Report (EIR) was prepared for this project. On March 10, 2006, a Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project. The County Recorder posted on March 24, 2006 and it remained posted for thirty (30) days. The Resolution No. 2007-026 Page 2 of 5 75B-16 project at that time was briefly described as the creation of a 200 acre mixed-use overlay zone to allow for the development of mixed-use and/or residential land uses within the Overlay Zone. Also the project contained two specific developments, the Santa Ana Residential Village - a mixed-use residential community with approximately 573 residential units, 3,800 square feet of residential amenity space, and 7,800 square feet of commercial and retail space within four structures which would range in height from 4 stories to 20 stories; and the First and Cabrillo Tower - a project with 23 story high- rise residential tower with approximately 200 units, two six-story mid-rise towers with approximately 120 units and 16,000 square feet of retail/commercial areas within the project. J. On September 5, 2006 a second Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which the project at that time was briefly described as the creation of a 200 acre mixed-use overlay zone to allow for the development of mixed-use and/or residential land uses within the Overlay Zone. Also the project contained one specific development. The First and Cabrillo Towers project was briefly described as approximately 374 residential units within two high-rise towers, one of 21 stories and one of 22 stories, as well as 8,900 square feet of retail/commercial areas. K. Three (3) alternatives to the proposed project were developed and studied L. The City prepared a Draft EIR for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring communities and districts, neighborhoods in the vicinity and the requesting public. M. All comments to the Draft EIR were considered and responded to in the proposed Final EIR. N. A Mitigation Monitoring and Reporting Program has been prepared (which is also contained in Chapter 4 of Volume III of the EIR,), as has 26 pages of Findings of Fact/Statements of Overriding Considerations, which are attached to this Resolution as Exhibits "A" and "B" respectively and incorporated by this reference as though fully set forth herein. O. At its regular meetings of February 26 and March 12, 2007, the Planning Commission of the City of Santa Ana voted unanimously to recommend to the City Council that it adopt this Final EIR, the mitigation monitoring and reporting program, and certain Findings of Fact/Statements of Overriding Considerations. P. The Final EIR, the Mitigation Monitoring and Reporting Program, the 26 pages of Findings of Fact/Statements of Overriding Considerations, the Resolution No. 2007-026 Page 3 of 5 75B-17 Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Zoning Ordinance Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; adopted an ordinance approving Development Agreement No. 2007-01; and adopted a resolution approving Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069). This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, and Findings of FacUStatement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the Mitigation Monitoring and Reporting Program imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the Mitigation Monitoring and Reporting Program, the Findings of FacUStatement of Overriding Considerations attached to this Resolution as Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of March, 2007. Miguel A. Pulido Mayor Resolution No. 2007-026 Page 4 of 5 75B-18 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto 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 the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007-026 Page 5 of 5 75B-19 CHAPTER 4 Mitigation Monitoring and Reporting Program 4.1 INTRODUCTION The California Environments! OWOlit~~ Act (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of potentially significant environmental impacts associated with project development. The Final Environmental Impact Report (Final EIR) Eor the proposed Metro East Mixed Use Overlap Zone EIR (State Clearinghouse No.200603'1041) located within the City of Santa Ana (City), includes program and project-specific mitigation measures to reduce the potential environmental effects of the Overlay Zone, as well as the First and Cabrillo Towers Project. Monitoring of the implementation of adopted mitigation measures is required by Public Resources Code Section 21081.6. The Final EIR for the proposed project provides a list of mitigation measures, and describes the process whereby the mitigation measures would be monitored. Following certification of the Final EIR and approval of tlvs Mitigation Monitoring Program (MMP) by the Cit}', the mitigation measures included in the Final EIR would be monitored as described in this MNIP. It should be noted that because this EIR contained program- and project-level components, two separate MMP tables are presented as part of this M~IP for the Overlay Zone and for the First and Cabrillo Towers project. 4.2 PURPOSE The purpose of the proposed Overlay Zone EIR MMP is to ensure compliance with all. mitigation measures to mitigate or avoid potentially significant adverse environmental impacts resulting from the proposed project that were identified in the Final EIR. Implementation of this MMP shall be accomplished b1~ the City of Santa Ana. Mitigation measures will be implemented (1) as part of design development of the project, (2) during project construction, or (3) as part of project operations. 4.3 RESPONSIBILITIES AND DUTIES In general, monitoring will. consist of demonstrating that mitigation measures were implemented, and that the responsible unit monitored the implementation of the measures. The responsible unit for determining compliance with all mitigation measures wIll be the City. Monitoring will consist of determining whether ^ The specific issues identified in the mitigation measures were considered in the design development phase ^ Construction contracts included the provisions specified in the mitigation measures ^ The required actions specified in the mitigation measures occurred prior to or during construction ^ Ongoing administrative acti~rities included the provisions identified in the mitigation measures Metro East Mined Use Overlay Zone (Volume Ilq 41 >~~~ A20 Chapter 4 Mitigation Monttoring and Reporting Program Any concerns between monitors and construction personnel shall be addressed h}' the City of Santa Ana, Planning Department. 4.4 LIST OF MITIGATION MEASURES As mentioned above, due to the program- and project-level components of this EIR, the MMP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the Overlay Zone and their method of implementation are listed in Table 4-1. The mitigation measures, which include several mitigation measures from the program-level component, that pertain to the First and Cabrillo Towers project axe listed in Table 4-2. All project-specific mitigation measures included in the Final EIR for this project would be monitored as described above. The mitigation monitoring matrix on the following pages is formatted to parallel the format of the Executive Summany table contained in the Final EIR. The matxia identifies the required mitigation measures, the time frame for moritoring, and the responsible monitoring agencies. It should be noted that the mitigation measures from Volume I that are contained within Table 4-2 have been modified slightip so as to directly apply to the First and Cabrillo Towers project The content and action required by each mitigation measure have not been modified. 42 City of Santa Ana 75B-21 E S a G W 40 Z C ~I N W U o V `o _ c U d ~ E ' " C ~ O ' C _ d O C ~ d to . O O ~ .U ~ m .U - ~ o °~ d E ~ c 2 o a> ~ ~ O) C C O1 O C p. E _ _ _ _ O .N C N C DU O OJ d . m a m I D DU ~ n.~ U _ c c =~ U~ m- U a>_ U U m_ d n ~ n ~ d ~ d ~ ¢ a¢ a¢ as U U U C • C 'O N C -O N C -O N ~ O C m ' ~~ me ~m m c -~ c ~ : '~ ~ a ~ D c ' ~m . am am am o u7 P c m a ~~ m~ ~ o m y~ ~ ~ ~ co `o ~' a`' co ~ o~ 'v c m m L .. ' m 3 ~ m n^'a E ~~ ai O C N O N m N ' to O) N N N m n a~ ° m _- n C N 3 ° °~ ~ m o d m ~ n c rn c m L" i c i C c c E m m N O - O y C -O ~ n ;_. m ~ y C - J C N U m -O C O U O) U OJ Y m ` ~.... O d O d d E °' n. m a~ a m c L ~- m ~ m N O ° m -' m- m U m o o° m iv `mt m c ' v _° 3 a o - N m ~ ' N °J r c N C L m ° ~ mo d= m N N ° m m d 0 l0 N O~ ~ ._ c ~ E m ~ o z OL - m m o ~ - o _ N m~ c O m X N °) an d ' ~ O fG -~ C '> d 3 ~ t OL - m _> h N O _~. O- O U ~ N~ O O . O U VJ 3 - E U D7 d C € C UJ ° .~ L N -U O d _N N ~ N 01 O L, m 3 N O^ N o c C ~ o ~ m w a~ a`~ m in O m o m 3 N o E m~ w , w o N ~~ o m m E N O m 6J fn d d w r O U " 'C ~° . c UJ ~. '° N L +~ O m m °> > N m c c E -o m m~ m -o o din L m m '4 N m w c m ." .- 'O °~ c O) - C E a~ d.. to N `' - C `o `° m m "' N U n O N- gy m N o L o -O N a ~ ~° d c 'y o ° m o ~ ~ m m ~ &' ° m m ~ m s ~ c ~ ° OO E E y ~ a~ 3 d m O E ' - V1 m d > LOmm C C o C L ON d O ' ° i ~ c .D m m m p E w~ m m u °~ .m ~ N O1 ~ a !n `n °. ° °~ m m m ~- m aNi m 'mC ~- o 3 0 m c ~ c N m ' N m : i °c'oL a ~ a i~ m~ - c YL~ ~ oo m~ v y m to c m c N O - o - d 0 in Y L> ° c.J p) N ° N o c N ~;.~ `° m m ~ ~ C C m _ 0 w ~ N ~ T D7'N ~ O E~ ~ ~ O ' -O N N O m L N w O -C O N_ d. N ~~ O ~ C N O N H N~ m O O) y w 'O to L m C :p N m d "' ~ ` ` x °' o ~ 'v o m ~ -~ .3 "' h L a `o m .3 o ~° o a`~ ~ m ° ~ z . N - O m ° ~ C N N OI O ~ C n ~ L to ° [` Ul ~ ~ ~ O.~ U O 1fJ (n L C "00 ~ 3 CJ __ m~ _ tOn O O_ O d m O C O m C L 'N-' O "O O~ ~O N UJ c c U o a (O d ~. t ' w N mr m o °' n ° m ~ = N o _ .c a> a> ~ ° o a i `o w E a _ i . N - O ` > °' ` °' n 3 E ° ~ - -° m aci °' c a` = N ~i = '°n ~ ~ o o m E m ~ o co -.. -_- o c ° ° ~ m Y c ~6 ~ c ° ~O m °' t0 ~ ~ o L~ m ~ °' s - c m - °' m N d L o c m 4 o > - c - m E o_ °- 'n L c S ni L . -. t q a~ a~ ~ m 'w N . °i N _ d O ¢L... ~ O d~ 3 N m 0 y N~ lO j N O p ' C °~ d t~ m L O N d_N U M 0 ~ _ L ._ v fn ~_ Vl T "O L O m g m ~ O >• N C> w 0 N L O) O> N en m m v , m m m m ~ -O m ` N d o ~~ ~ N~ N °- o m m ~O N `o ~ 0~' a B c h N o N D ~ ' E '~ O m d - E o~° °-' o ' y E ~ a O~ ~ v , _ ¢ ~ n N - ~ E t ~ m ~~ m ' ` ~ ~ E n ¢ o ~ o a= > y m m ~ B ~ S °o L - d ~ -o m _ - o Q . . . O ~ c ' O O a~ C` m ~ - O~ O O " Ul ~ -O U O pJ (O ~ U C - Vi f6 ~ ~ VNi p C_ ~ C_ C ~ E 3 E 3.~ E - a`~ O ~ U O ~ U O U > d N- O E .o N E .o N E o .~-° - m - a E m - a E N ' °- ~ ni 'O ~ N V 'O OO s . 3 ~ N~ O N . ~~ N~ ~ y N °~ ~ O ~ N m . ~ p 3 d O v Q 3~ L ~° N ~' . c E ° ac = m ~°-`6 a vi a m m Q E ~ c m T E ~ ~ .. c w~ E .L - p ~ E 7 d X Q f 75B-22 p ~ d C O C O O - a O ~ V O U O ~ OI ~ ~ O ~ N C O C O O C O C O ~ a U a U d U C U U C U U c U U ~ ~ J O .- .o a O ._ .o a O .o a a 'O^ a a¢ as a¢ a¢ U U U U C ~ o C a m -O C m ~ O m ~ m Q Q vac me mop ~'m C ~ G ~ C ~ C ~ ~ .= m .~ m '~ m c am am am a0° > R~ N m O N a ~' ~ >L-- t .L-- N C > N to C L L O) N - 'C _ N N N [a O C N 3 H Q E m O U i0 L C O `~ O ` m 'O w C L N ~ N d a 0 p ° C _ 0 0 L = W Y .O R C l0 ? C O N ~ .N ~ N UC '~' ~ (0 m ~ N O ~U L O N U COO ~O~~V y O~ O~p ~~O aL `~ m - a ' 3 ~ - E 0 0 L... a ~ '~ m o ~ ~ . ~ ° ~ v -o ~n o m o ~ a o 'E w y c 3 a o ~ °° .E ~ E O i a T E c ~ . m m m U N c~ Q c ° 'L .. °~ ~ m c 1°i ~~~ a i 'a L' m c`°.o ~ o f a i U n p 3 '~ ~~ ~ Q "~ m v = m c w '~ m m p . _ ~ m ~ m U ~ > ~ b d m m ~ - ~' ° _ 3 O m ¢ U ~ o. m ~ T m L o o c > n O C -O C ~ N N C T y Y O O C UJ C~ N "O ~ U tO N ~ U d- d C U~ 'O j N ~- U T~ is m L m ~ co ~~ m~ m ~' -O- ~ ~' > + m m x E~ m' O N l6 T O fn O d >` (O .... m ~ C N 'n [6 T VOi O d OU Q) o c . am ~ t° o c vi ~ a - 0 3- .o w ~..- c Y -O Q d 0 O) w O C _ `J m J~ U a L L N Q'O 2 U ~C C N~ _ O d~ ~~ U N O i0 f6 O W N- N N Q E !V N O tCO L m ~ L > p a~i aY U .E c v a `o ~'~ O : o . o N~ a i - ~ c N O a O O Q L~ ~l C - L C O VI rL-~ O O U ~' ~ Q L~ 9 " S O d- O T O N O O O N N p) N O ... ~ T t O N T N a . - _ U O D U A U N C N 3 ~ U O E _ U IO ~' U ~i C O~ ... N C O C O C a c L a o y o~ a .a o L a m o E 3 0 °- ~ i L a i a U ~ 'r o ~ o UJ O' UJ .J c m ti Ul C¢ O N ~ O ~ N N C j ' p C U ~ O ~ N N C C tO ~ O y~ C y C C~ ` O~ U t0 Q~ N'D ~ V nOx N C UJ p N v~ m C L N O U [V U A f o Z ~ O C '- ~ < Q N C H -O V .O ~ ' " ~ N U OI U ~~ . N m ~ N d N-> N~ 3 ~O N ~ S N o c m a> O~ y~ O o c E ~ 0 o o 0 L ~~ y ~ 0 0 0 ~p - o ~ ~' m m ~ o °i o n ~ ~ ~ a o ~ o co m ~ a~ ~ ~ r na. ~~0~ 3 a~ ~ aa~ o.n m ~-v o~ cn ~' aoa ~~ mQ N m 'O ~ N ~ C N 'O T Vl "O o L m=~ ~ T [O -O 'O C L to = ~ m c o m~ m in 'O ~ ~ c m ui ~ '~ ,., m m v o m~ m: m ~. v y m 'o3 a` ~ EN m o O) ~ U ~ Ca0`m ~L ryO ~ L . N d ' 3 ~ - N~ ( n o ~ m m c C d ~ N d N (O d o g - ~ O U O d d O ~ ` N m o a o U m Yn O Z W N -~ _ C L ~ o O 3 C L m °c ' a d o .° in O ' ~ N ~Q-,' 3 ~ c~ ~ c0 > a o ' _ v" m U O N O N O A N O C v m a a L H ~ O ~ O d ~ C O 1 N O ~ ~ O a U ~ [O C UJ T U (O N O N L 3 C i V O C i0 O In d N U N C ~ C ~ UJ d C tb N !6 N _ a `o a- ~ a o a o- a o ~ ( ~ 0 3 o ? c ~ o o m E m avJ~ ° o 0 0 ~''> aU m aE E~ ~ m ~ 'y E'ti a C C ~ ~ O C O O O U ~ ~ U ~ O ~ O~ O~ O~ ~O N O in ~ o in ~ o vi O ~ ~ O O ~ U O C 2 U d U a U dU tlU d ~' G W CO v v' U _ ~ m m m v c°i U U U U ~ U ~ U ~ U U. ~~ c c c c .o d O d O n O O' O n O d a¢ a¢ a¢ a¢ a¢ aQ U C U U a U fY T T ~ C C -O 'O a a ~O N L C L C L _ C~ C m ~ 01 ~ O ID J A J 0~ o, ~'m m ~ ~~d rn m c'd ~ °c_'O1d ~ C~ C 'D C -0 C~ y~ C~ ~~ C B d Y ~= R " am am am am¢~ am'¢~ am'a~ rn o ~ "- m a o m m a`~ ~~ ~ m~~ ~ ~ m L o r ° ~° t c~ °~ a> ~°L, o L.. d m c c t m Y m Q ~ ...... ~.. ~ ~ ..- _ o_ ~ N_ o ~ a c d m t n. m rn °' ° ~ U (n c_O1 cci ~ E N L a c -co a CJ c c U u Q c> o c g a E~° o J ~ L m t ~' m o a~ ~ °- a O ~_' ° E min ~° a~ '~ a a~ U _ d m a~ m v 0 U CO a U O NO N J T U N d L l0 _ COL t` N U .G N' C~ c.. O O d 0 ~~ t0 U L ~ U 3 0 L A N C c v o~ ~~ E o 'v ~ E ~ a o c ~ ~° rn m m "" a a n ° 2 .v ~ o. ~ ~ n w a N m a> > o. ~ ~° ~ >. o °c':= a n E ~ 'o 'n a ~' 2 c u, c J U ~ m c ~ o w ,C c a~ U -_ U L a~ - _ C O N O O t .J.. T= ~- O O E d U O dL U TL n ~°° c a c .f w m 2 a m `° '° c cUi ~¢ .~ a rn 3~ m rn u, m ~ O O O C 0- O C T C N d N C U o.C a O] d C U~ Vl C~ C L Cp ~ C ~~ O O C 'O S] O l` N C 2] O N [O C C 0 y~ Ul U O O O O C ~lO D` d U~°~ N T C n m m T~ O O O t` d 0 ? N~ O~ m L Ul a _O C L T 3 C~ ~ .rT~ rU G L L N Ol r~J-~ m C (O U O Q L.+ 0 U c m Q >~~ n a~ . C a d o d E~ E m~ ~~ 3 a m m c n t~ m "m m° m ~' 'a o m n m nL ~- ~c -o o m 0 o c E '~ o '" 3 :° '~ c~ ¢ c 'S t ~ m "~ ~~~ 3 m "S . U m .o c o a o- 3 ~ - y . 1 d 0 ~ (n N Ol d- N N N N U ~ T N E V U C N N U U O ~ O f0 .N.. T E° n c c m~ or m c 0_ o~ °> ~ 'S m~ 2 m - v im aci c a> c a~ `o `o ~0, m - m °° m o m Q L m y a m o m ~' s L O~ +T L V N to N~ ~L.. U O~ °~ L N d d ~?« O N ti N U J Q rn 3 c°i c U ~n c~ co m " c v U o o~ ° J E~ c m N o°~ ~ o m rn `E a m - ..- cti m o a~ ~ a c m `a°i o Q a 'n O d ~c ¢ a"i a -c d C N a" d N L U L U d >' N .O O~ O' O N O' ~ N y O N E N V .~ O m °- 0 >. o E m .c 3 c o m~ "m . ~ o o h o_ c a`~ '4 a- m ~ ~~ w c a °' n -~ aoi - oo > w a~ci 2 m > m °' ~ o o c a m~ L ~ 2 a > _W a > > C n vN.. (/~ a N L a N .r N p_ YD N C a C a O N L O a O E to d m~~ L ~ in m a ~ ~ O > C ~O Q `n ~ C tp E~ -0 n ~ E E m m `m ~ c°~ co m m a E 'T' ~ d 'm o m t _=~ oa 000 t n~ (6 n L~~~ V 'O_ L DJ N C H~ C a U L N E a tCD ~ j v U C H J L f0 V- t4 O C O J ~ n .0. U C m N N N H y O (n U N C O' O N d O a m O OJ N O d 0_ a~ N O O H- O N O (O N S] f0 Ul U a 1~ N .y O` d~ C C U T OI O CLr O C O O d . i ~ O E O- N O 'O CO ~ N O O O O' A~ O O C L ~ c O C T~ O L n N ~ ~- ~- r ~ .v r aNi v m~ v ~~ aai c~ U U o m ~~ ~' a U N" r ~ Q N~ a c w N E n. ~ E c N E E N rn Q N E E~ > N E m 2 m rn O~ t O c ~c O c o~ O N N_ o O o y "~Lo- O `~ a a~ ~ o c a r m~ o~ E o m~ o o~ o m o o s a m m o ~' >. ~ o E_ ° m rL o .? y 3 h~ v m 0n 0 d ~G o o a0 n to `s v U 0n m ~ .~- o v a m o o n to E d c 0 N T W t d d tll 7 75B-24 E a G Q 2 c w c 0 a_~t v m ~. n W r U m a m c c a~ m c m o c ~ C7 ~ c ~ ~ o N o 6 c U U m O ~ N C~ ~ O) .`f U E m o c a E c a m a~ n ° ` ~ m a ~ U d E n . U ~~ m c m c U U U U ~ U d . O d O O_ d d Q d Q d Q >` U U U C = -O qqqppp ~ p m • m a m Q °' Q ° 'm mm C m c C U V ~ E C ~° p m J m o am¢~ m J gm am o c .c ~ m -o a d s 'o D o s m y m m °c' vmi Y 'o _ N N UJ -O ~ y~ L O ° O E a C C U U U C A _ _ ~ ~ L N N O ~. L U T ~. - O >i ' U N O C O U ~ N m N_ QI m C d > J C S] O ... O m~ _ ~ O' N O N D N N m ~ N ~ L O N Ul N U S OJ O O m T L> 'U In ~ « y d~ C 'j O L "O N N ~ ~ N N C N m ~ _ m vi <° o ~ o m t m° i~ 3 c s E ~ J m ° a~ . n ~ L N c m O_.- N U D7 3 > '.' E O i m pJ m~ h O O v~ O L n ~ E an d to m m m d O N m v m -o c m ~~ I m o o° ~- a c o c -o m" J y Q1 ~ ~ o m c m o~ c~ v m s o ~~ ~~ ~n o ~ a~ ~ m =o m ~ _ -o c m d m m o _~L a m m o ~ a~ °- "o c m > m c o Y m a~ J E m c o m >' o a> o N . ~' _ ' c ~ c c° ` m m m ~° -mo '~ y v a i m m 2 c .~ a' a o o m m v r o J m u a ` y T o o m ~ ~ c c o rn y a> E m ~ >, w a ~ _ U ; ~ m d n ~ o 0' ~ -m a m d c c 3 ~ n m m -o ° o a ~ °' E 'O ° _ ~ p 3 a ~ c ~ ~ ° ~ o E ~' o a~ m ~ o E ~ ~ m ~ ~ E o y o ~ ` ° c -° ~ p `i' a i a~ E in w ~ '° n •- c ~ c o a~ a ~ o c= v ° " ~ - m .- m o o m -o m b E °1 m ~ . ~ m ~ ~ o a> o ~ o aci m m 3 c E c o ~ ~ E d ~ > c ;~L, ~ ~ ~ o _ ~ N C U ~ o N O? C L ` N N O C O- L a N N N ~ G > L N O j d C _ ~ fO ~ -O ~ J ' ~ f% S] - ~ ° `~ ~ N O ~ d ~ C • 1 (O y O - U N C D- U N ° O U N j N ~p ~ ~ ~ ~ N y V 0 U ~ ~o ~ ~ m> d o a m T N E 0 5 m y ~ N m .L-- ~ '~ O t~6 o m m ° T m U E O ~ ~ m m ~ a m r x m d ~ o m _ o ~t r 3 a01i c' o 2 ~ .N o ° " r E m - ..- ~~ m a o ~ U °' N> ° o. ` in c c _ ~ w .o o f o m -' E > v a .O D c c ° -o ` ~ ~ cmi ~~ ~ ° - -c- c cmi o N n ' E oi _ ~ ° a 'o .o a i o ~ Yi :c P3 " m ~ o r m o _ o o o~ o « m ~ . ` ~' a m w E x° " p > c m i .a ;n n o c~ L o m c in ~ ~' J y i a v i i m a ~ ~ L J m m a y O :° ° ~° 3 E ~ w\ ~ - o° ~~ `° ~ H ~ o ~ m m m o m N w O m C C c . ~ J~ C N O C ' a -L.. 'O O O O C` . N N ' N O C OL o N .~ ~~ .~ v U ' Y ~ U J ~ td ~ 'O O O ~ v V U ~ v c~ w J a U Q U ~ j ' O m N d a~ a> y a m O E N T L ~° ~>. " m c m O1-o E ~ i N~ m m c > o O E a ~ m m o ~~ U m o K a 3 ~ E v a i y a m ° o m O m v °- w~ i ~ ~ ~ Q O E ~ m ~ ~' ~ O r c ° v ° v ~Lm o ~ m ~ ° ~ `o m - o .L - o - - o a i v c O U 75B-25 s 0 a e W', .c M O f d W U m 0 = o o -D o c r O ~ U O ~ U O ~ tO U O N ` C O V) O ~ N O D O a U O a U a U O a` U U U C U U ~ R U C ~ U O d _ N d O ~ O E d ` ` d ¢ a¢ as as a U U U C7 _O C -O ~ C 'O N 'O LL" ~ C~ O m Q O Q U m O) ~ O) m m ~ ~ "~ S ~ ~C C ~ C :.0 C _ U C 'O C C N C _ [O C (O J (O '~ - O C O) O am am am ama ~ E ~ N O N "O N O D C E` er -C p ~ ~ "O 'O D L L O ~~ C ~ ~ U ~ O m - [6 d C O m :_ ~ N U ~ m 2 ° C m o E ~' E~ UJ m m. C rL-~ ' O O + ' C f6 ~ c E » d m L c ~ m om ~ m s . - c oDN d ~ ` ~ c ~ m a' ~ m oO j c m ~ d o oa~ a i o m ~ ~ ~ c s> -o d .~ c N m ~ .~ '_n o m ~ h Q Q c o m '? d o d o ~. ~ d 3 o a~ -o " U ~_ ~ 2 Q o c ° c N m E ~ ' ~' ~ ~ 3 c c = 'o cLi ao m L a i m = a ° w m - d ~ o a i o m ~ ~ o m y a~ o o i . o_ L-> c° aLo oa c c c c? d E 3 m c > m -o m _ O VI m d OJ N "o m E~ O L tD - 'v a> N C N N m o m K (O ~ d N f0 . m R d -O E c o -O T NUl C'N NONLN y'O QL `NU o C U T COEO N QC m ~+ ~ o c o ~ 3 N_ >. v o m c 0 o a> o c . 5 m .= 'o a~ rn o ' C m "' ~ 'x c -o c t4 ° o a~ o L c ° 2 a m m m _o >. o Y o $ c°~ o O1 ° a s' m~ o N m ~ m m o N m o N d 'o ° a (J `o E o c 3 a' m d 'O m •- ~ N ~ > ~ N ~ U a ` ° UL' d ~ ° ~ N fO ~ ~ f0 ~ L E ~ N (O m a~ U U O] 3 °'c ~ o _UJ N _ ` L O O H c `" O ~ ~ ao ~ ~ m-oo n ~ = ~ m.o _>. ~.°~ m N ~ m ("J X O C N - 'O O ~ _O C N . ~ .~ N p L d d ^.' l m O) (n ~ C~ d C °' E _ « O d U C m _ N C -O ~ O _ N d l N d' L C O a ~ N -`-' c N L N - ~ m 1O E m ~ ° N m m ` d ~ N m ~ °' m m ~ .? ° i ~ ' a ° - ~ ~ o °' ' '- -o ~ 0 3 ° ' m t a~i r~ o v m ~ o m~ ~ m S a m o~ o 0 O ~ o N 'O ~ N 6J T N O_ U~ C N d D N y ~ -O (d (dO C ~L ~ V LL L~' d d ~ ~ t0 ~ ~ N ~ C C T L N ' 'O ~ Y r S m ~ 0 O ~ ~. N N - ~ L O ~ (O ~ m N L~ = a O C ~ D y O E C T E ~~ O L O j 0 N O ~ S ~+ 0 Q D N .~ U O N O d` O O ~ ~ d y c ¢ N O_ C L ~ N 3 D ~ Q ~ [6 CI N ~+ O ~ ` N` L ~ N O L C= U m O O N~ ~ N L 9 N~ N~ L U N m> ~ m ~ ~ ~ .. - E ~ N N m Y m N O N .J N C ~ ~ U U~ (O ` ~- ` L o~ ~ ~ ~ m m O O_ C L O S 3 O 0 0 N fn U ~ d U L m 3 ~p N N N U a - c E ~ C O N d p O Q - `o _ ~ _ Ln ` °_ o `o -o a ~ c ~ O - r m ~ vi o ~ c o ~ L o _ _ ~ C ( O ~O N C ' O [0 t 3 N N m O_ T N N .N.. C ° m O Ql N ~ D . _o a M V O .C v ' 3 N N C~ ~ LL~ m m p C . 3 E m > a: c E~ - ' U ~ c c v v N c~ m . c N m ~ N m O -o o c m d 3 D - ° N N ~ ' mom ° N o p .D <° E .c N -O o 0 =' ~ a o O ~ U m N E m m "o O - L d ~ r r o c 'L (O ~ c ~ ~ in a~ c ~ N [O L U ~ O T r d [O O p L " d ' [Q p.L C 3 m ~ O O- O w '2 N U C° L [6 L L . U O N `o o ~ c o c a~ C C 'O N O_ -O ~ 'N N 7 U ~ U lO O O N ry 3 ~ _O N m E ~ N c O d N N d [O y E d N ~ O E ~ `_ O O- O O U O_ ~. m~ a m d m c ~~ d c o m o o. m- m E ~ m c m N d d c N W O ~Q N 75B-26 a c~ C `7 O~ N ~~ ~ N U O) C U N N N_ m C y c w a? > `° c E c U O m d ~" m O D_ O` m N C O L o d ~n o_ m E E_ O ~ >.O p ~ ~ ~ t ~ ~ .mom =~ T N Il -O C O N m d N U 0_ O"C O m m N N Z' y ~c c m~ ~~ U ` E r n m ~ o 0 o cmi ami = m om m a' ° .~ U - d ~ m tnp ` V~ m C` O .0. ~ N T C y O C .Q B O G ~ min m m' ~-O w ~ ~ m > C p C Y6 '3 d Ql _ m _ Vl U O m N m O~ N L_ N e d ~ j~ O ~ N C m m O U ~~ T N 00 - m 0 N N C U t` C O L C ~~ O d~ C N O T m n~~-' o °--`- a m p a ~ m E` U m ~O m .o m a m ~° b o a> ~ y -o m N m m m ~ ~ Y -O T .G C ~ ~ = LL N O O ~ C S] m O O N y O ~ ~ ~ '~ ~ ~ ~ ~ o. C ~ U T O O'] j d U C_ V m T O O U m d C O to ~ E~ C~ m ~ ~ [6 ~ N O O) U O 6 T'- O ~> N d m- N N O -O y d .~ y_ "O C C d wL, -O ~~ o c c C ~ Ul .~ r m In ~ ~ 00 N m O~ L `~ O N N -p `l t~ N m O~ ~ O c OJ C A N '> Ul `~ ~ N W N O O N L~ LL O ~ m dC.t p_O ~ in O O U° C L UJ O 0 0 m E m m -a o~ Z~ a ~ -o U N M ~s ~~ m~ E `o y _~ ° a3i a"i P~ > -> "o O aci a' $ c .-~ m U U N ~ D D_ d Q T U ~ C C O m Q O1 ~ C C C C m c Q. m O ~ ~ ~ T [6 ~ m '~ •.• m 'O .- .,... c m c a~ c N C O E GJ ~ C U E "- O 0 _ C N - N . O d~ L n m ` ~ d m V1 C U m fn N ~ N ~ O y N y` m 0 ~ N~ c ~ <6 N N m C a ~ ° a °i ` - ` ' ~ o c m `o E c ' ~ ~ O Q ~ ._ X m 0 l6 L .J N T y N D ~ 'O .i0. ~. _ Vl C T ~ L m m m~ m 0 0 0 -O O m E ~° v- O = 6l u~ m N ` T= O)~ C O O) C tn ~ O m C m D- - `J N 'D V O' m d > N 'n - o m ~ ° ~ ' _ -_ p m : m m'o `o ~ E n c a~ ~ ~ - ~ ~ c m 3 0 y N O m C O . _ U L m O _ _ ,' N c L U O p> n m >`'O _ m ~i ~ m C 'O m~ N N L C ~n N~ ~O ~ r m U h ~ > O O L N p V ~ ~ E 07 _ O O_ O to U) > ~ a p p) C a~ U m E U ~ m T t 'O E U d n m OI - ~ C H O O O L-' .L .. d O= E _ j L ~ ?~ O N ~ '= ~ ~ ~ ~ N ~ O m -O ~ C ~ ` C `o m m m N 3 ~ o ~ v m'c nd"c ' > O~ O W m ~L ~'in o-U .~ o c O= c c~~~ c N o ~ m~~ U g v m > m c c m oa w o w L~ y m U E -a°i a`~ aEi L L O -O Y 3 c > U (n N O S O L -O m o m U ~ ~ C 3 N O y ~ U In ~ _Ql c m a~ c v m 'n U, > U O m ~' ~ ~ "O U UJ _w O N 'O V .~ y O ~ c C N N 3~ E in d -~ c a d v N O d 'O m Vl ~ _O 'O L ~_ "V -O C E ~ m U n v, U E m >, ~ cn U° 75B-27 U G W CO Q c~ C C C O O ~ OI ~ O] U O O]w U ~ O].~ N ~ C ~ C C C ` C ~ O O U O U ~ U ~ U ~~ SS2 ~ U ~ U c ~ U ~ U _U N _ O O- _ O ¢ D_ 0 n ~ O a ¢ a ¢ a ¢ _ a U U U • m¢ mQ ma ~° Z ~ O) O1 O) ~ m T C~ C a C~ C a C C C a C C C C~ N fO~ _ 1°~ _ `~~ ama am am am C a O] O Ol /~ a T Ol (O a ~ UJ ~ O ~ C ~+ C N C G J N N C _~ O C N U Y O a v a o ~ m~ m ~ E ._ m U o m~ ~~ =~ ~° ~~~ "o m n a o ~ Y T U y o E in c ~ a ~ a m a~ ° a~ ° ~ °' o a ¢ ° ° y a ~ °~ a m~ L °' ~> E m o ~ c a N E m m ~~ o¢ N rn - c- m m > T U N O ~ o L c a~6i c °~ -o a ~c .°- E m s m ~ Z > = . ~ C N d` O> tO C C N in N O ~ N ~~ 'O G UJ ~ y R O N N U N UJ O .~ a N O N O L N >+ ` N d ~ U w a ~ N `~ .J O N N ~~ E t~ a N `Z' N ~ U = O ~ L (O N .J U L O .` ~ O O uoi o O =_ a O ~ UL.. ~ N ~c c a`~ > m 3 a O U 3 a o f N m e v~ c -_ N C C d N m O . C ` Y - U ~ O)a C T N L N ~ O >i ? V T T O _ N O~ d N L N U E ~ N m E to "' O N U ~~ L ~~ ~ ~ w d C C O~ = - 3 ~ a`' o ~' ~ N °'a' m " i - O L >' ~~ o ~, ~ 0 0 m o ~~ i v t c ~ r ~ U o N d Q m ~.a m ~ m~ •~ i c o s `m a -° y~ o m m m" m a N~ m Q a~ m~ ° c ~ L m `~ E m a? ~ ao t~ ~ a`~ m c c w ~ a> > ` i E g o ` ~ c rn c L a~ H m co .~ ~ a~ N m m ~ ~' a h ~' c 3 o` > ~ ~ U E _ ~ U _ m N L OI ~ t9 N m C N N U N m t9 c Q N Ul O U N z 0 m o a °~ > ~> a m at°i ~ m 'E a i ~ s c m w c o Y m ~ o ~ m :c. c ,,'__ `m a>i o E~ >. m c m - o u' v L m~ m • _ o m~ -° ~ a~ m in .c a~ ?~ i L _ m ~i> > m c o m - o y o m E '~ w a 3 U - ~o o a~ w t _o . ~' s E J o o ~ n m a a~ m `~ ~ r a~ a o N a c o m c m o .o in "' m n c c L o i c. L a~ a a .~ ca m E `_' U - ~ O d O Y ~ E U ~ 0 0 N m M N N O y d q O ~ O ~ a .m c o ~ 0 3 co v ~. o `° °° s aNi E U m o a 0 o N o/ o < to O N ~ O O p N ~¢ ~ -C .- - N , ~~ ~ ~ N o a N c O o ~ o o o p O m ^' o O c O d ~ -oo ~ v aoi ~ o c m .~ ~ ~ a ~ ~ ~ api `o ~ '° °' aNi c ~ `o m m -o ~ n E~ E ~ N m n L ~ cn U a z x a o N Ol N N a m c~ ~ o m N >+- N ' U u Q ° L N ~ C a Ul N~ °~ -- E " - A N c ~ O a 0 O d O c d ~ t0 mL~-c tfJ U) v t ~ [ m L c ~ ` c 3 E w+ a' c c w .m m m i o o a !2 ._ o V c .` N C ~ E Q O en C m O N y E n N N N (d c .. L a U N d N C ~ ~ - - O] N •N N V -O a O ~ ~ QI . 'O ~ N U . (n -O ~ O a ('7 VOi O O (6 [Q O V ~ p V i tO _ ~ O~ L ( p_ O- N O O ~ O [ `J a O U U w N 6 V O. U O a C C7 ~V ~ d 6 O O (O UJ V N N C l4 a W N ry ~" ~C ~ N J j Q C ` _ T U ~U 6 C O~ O N N N U~ ~ N ~ . O_ ~> O ~ d U f 6 D_ N~ ~ vOi O C = N D_ u p "n N E 75B-28 d d c 0 N O a C Q C W a 0 m C ~ G C QI _ U p p ~ ~ "N O O d U ~ ~ O ~ O ~ U O ~ E o ° 4 aa ` - o a`U a c ~ U U V m ._ U d a p n ` o n ` a ¢ a a T V U C 'D N c 'p C N m Q m Q m m D) C ~ C C ~ C C ~ ' _ m c m m am d N N~~ O C N 0 0 0 ~ N C L X m m .-- ..- ~ m N O m V1 C O m "O F- N C C C m ' C~ n U d C ~ _ O O Vi 0 0 n0 U ~~ Ul C E O O _ N ~ tpi~ -m0 O tOii C ~ J t00 Q O - c ~ ~ 9 O O N U d 0~ ~ ` m~ N - o~ w ~ ~ E. an c E E c c o m °- c E ¢> v .m U E api ' S. E E c `° c _ m O E d -O ~ p UU y' N pU ~- " N m N V U O ~ O N p~_ C E' ~ m U m y y p U~ -o m ~ " O °' on s ~ m ~ N ~ ~ m co "o m ~ ~ m l/I L ~~ U L U n_ ~ L m ~ ~ m o ~ . N m m m d~ m m 3 U ~ U U Q N O UJ W a~ ' y -o. s ~ H p ~ o °.a n m E~ N y N p O m~ m N to . c O ~ m~ m p °' Ul 'a m W U _ ~ m N ~ O W d ' "O m L_ y T d ~ m -O O N p U N ~ U m L ~ m' N L> > m °- L C N E N ~ U (n L ~ tq QJ U "O pJ . "- v~ m v`ni c L m y ~o ~ 3 o m~ E c ~ n 3 c m m ` m D_ m ~ m V w ~ N ~ .m L U N C p C U O N _ m m O N N " C p H O ~~ ~ N y 3 U N O ~ .o '~ U m~ a~ m m m m o E ° ~ Y E o c i a m a ~ ~ n N p O~ p O m~ O C~ ~ _ C a ~ `~ a N y ~ 0 O 0 N N ' 0 N U V) [ O U m O to O ~ VI m O O m U [6 O 0 0 0 ~ N 0 m O ~ -O V n ~ C~ U L m _ . O N m U L ~ .p c6 U C U ~N. m C C O N D ~ 4J N O N m N "O U n- ~C m ~ Ul Y'1 ~ in N n v c ~ i6 0 c C~ m om. m a~ m C 'O c c c E ~ ~ Y ~ `o ~ m m ~- ~ ` d>> o~ °' ~ aNi p a a E W ~ w ~' L ~ ° ' ~ o o m U~ m o" m ~ v~ ~ r ~ ~O~ o~o~`n ~ m ~U c . . . ~ ~~ ~ ~ 'O O m y m ~ m C C d N ~ c ~ m ~ ~ ~ O N nN ~ o m in ` a> > o ~ ~ o m n C O U Y C > ~ m N E ~ '> m ' a ~ c O d m~ a~ o ° Y o m ~ ~ - r E>° C ~ C = t 5 y m - a ~= `" ~ O m m - o ti am :_ -o on m -~ a i ~ iii ° o `n m ~ n ~ v ° c 5 rn a d d = ~ - n ~ O m ° m U ~ m ' O O_ D_ m° ~- ~ N ~ ~ . n -o 0 0 ~ E Y aXi a a~i .~ w E~ o 75B-29 0 m ~ m c m c m 3 ~ N N ~ m O N .J '' U E a' o p a`aa c U U N O n d Q U ~ p C m m Q O1 D) C C C ~ C -_ m am -mc ° ~ OJ ~ _ U N 2 L C ~' C L OJ .~ a`~ E '3 ~ y ~ m m N c m ~ m D_ Y ~ 0 ~ o m ~ c S ~ _ o m ~O - o ~ ~ L ~ m c m m y a E f6 E 0 U U ~ ~ C m m m 'm c ~ d -mo m D X m U N p ~ ~ C d O m n m m c ~ `o ~ .~ N ~ y ~ L C O ~ m pp W o E '- tU j d ~ C_ m n R L X N 3 °D a~ O a m m - c m m ~ N-o y •- y ~ ~ O j C N N N O O ~ ~ -p U m ~ m o U O O N L ~ ~ c m 3 m d U Vp. O N g m N ~ L E ° `o 0 - nm-'m m h co ~ ° ' aEi -o~ ~ on o- O N o d m ~ m ~ a m L N N nms ...L y E ~ c c ~ CW Q ~.+' U 4C0 ~p n d K a c m cm C .~., U o O U N _ U m E ~ d ~, c y p, o o ~' v m ` c o_ m ~ a` c~ o U U U U m _ O O O_ ~ O . a ¢ n a a • ygppp ~` U C 'o y m Q m ~ C ~ "O am U C -O c ~ ~Q c m C C _~ m am ~ C O S H ~ ~ d d r O pj ~ ~ L U N ~~ ~ m U V in O L -C O C _ 3 m n ~ N m - ~ m N N ~ N a ~ ~ C ~ m N m N L ~O N O E U m C C ~ t o a~ n y Y L .L w O 3 L o m E ~ v, - £ - m rn n ~ ~ m N~ c ~ >. n ~ v y -m `o ~ ~ ~ ~ ~ ~ m ~ y = ~ c ~ m o c o aNi 2 ~E _ m o` OU N l L a .m. Q N ry d N m a v ~ -O m O C N N ~ O m~ L d C O O c C y .o ~ ~ y m ~L .. = ~ m a of c ° m a i ~~ ~~ .E E E m m w v C C o n E '> N N S N O N m U E ` '~ L N N m C L E m C E m~ S E c v c ~_ ~ N '~ v > '~ a a > o L... c c m- aNi c P? m n~ E O I L O O U O P y j m d O ~. OU m C N a d L OI . O E m "O O C o - . c 3 O ~= p j ~ 0 3 v m ` c o D E L ~~ o N n c c `~ a~ ~ . a~ c 'O .~ O C C N . N Y :.0 C N O) ~ ` n= m p . d ~ Q m ~E Y E c y m . m al m 3~ . c= v, c m m o c o m ~ L c W~ m 0 c ~ o o? Y m O m~ O?~ m~ c c~~ o n c 0 'o O 'N m -o y o o v o T m m L~ y_ .O_ c m m a 3 s s c c O E ~~ ~ O E ~_~~ U ~ m C mNO`m O O -m .O OO `~ T"O.C O m -°O C.C Nm ~. m ~ . I ~ fA d fn to m L Ul N L n m . N m N d 0 '> .0. y- N N C E _E O~ (p n w m m N ~ N e w U _l 3 0 0 ' 3 C n N E d` C D O C 01 d C ~ D O~ ~ -? p ~ (n _ ~ •' O ~ p m m~ m 'O ~ 0 0 0 0 c O~ C ~ O n o 'O C O ~ C o 0 0 al N ~ E n m LL ~ C m a~ o o m c c m m o o a> o _°_ m~ ~ E ~ 3 ~ c` a ~ m ~ E m a ° -o 2 mL-' °i ~ E a~ 2 - ~ Q O ~ N E _ m 0 O c°. c s m~ O ~ 0 y N L C O .r3J d Yl E OI Ql y C C C N m C O ' U 0~~ O_ ~ ' Z` N N O ! N . C ~ C ~ J L O n m O C N N ~ O N O E b C O ° A ° ~ [ 6 j m C C _° . . ° m C m m n L-.. o a ° m m N ~ > m ~ E n ` m c ° o ._ E d o - o m ~ O E ~ a 0 oa `o ~ 3 ~ '> ~ ~ ~ ~ ~ m ~ m E c Ni ,~.° E ° m m ~ m ~ c `o E `o - m ~ > ° v ° a°'i m ° o ` c ~ =' ~ c °' " co n ~ o ~ = o ~ L ~ s m 'o y ~' °' m ~ a > n ° a E ~ o °' ` a -° E ~ v ~ " m E .J O "' m a r N ~ ~° Z' C c N 'O N C ~ C N O r= _ - - N I L O ` ' _ a i m ~ E O m N C m 0 S O t0 O p C ~ I ~~ .°' L E r m n m ~ o - ~ ~~ -° o o . o E E C v 3 E m -O m° a"i ~' o oa 'a E c O o =' °_ =~ ' ~' ~ = o s O a m o m ~ m n' c ~ - o ~ ~ n .? ~ i a ~ °' s m m m -o - n c m ._ ~ N `° ~' n i y a i . m ~ ~ ~ ° E a n'o ° E 'v a D °c in ~' m ~ - o . . . i a C L -O UJ O L -O O -3 N ~ N ~ ~ U O O o n ~ m O ~ L. N a = ~ n U d m~ E d m L N ..- S] ~ " -o ~ c m O N N In ~ij O O U~ E y O N ~ m _O N R ~ O 'O ~ [Q O = C T O c N o N ~ m m m > O m ,°~ 'o n:= n~ O m m v ~ m .E O ~' ~ E m d C O N mN W d 75B-30 C W bcf C d Q t U U V O c N C n rn C C m C C o~ N V l C O j .~ O ~ D U a T U ~ ca D~ V p? 0 U O~ O~ a Ul O u. O> y in O C N N O O w > O C aCDJ O C aU dU N d`o ~ U C N ~ D7 m ¢ ~ ~ C C ~ OJ a N V O U U _ ~ ~ O .o n .o a O m .~ d as as a m ii -c N [O >. O ~ N Y -O N~ CJ Q p m C d C pI • C m a~ U ~ o ~6 d ~ rn ~ a_ m O) J C ~ C~ V lL N~ m ~ ~ Q ~C U C~ C ~ a 'O a =9a ~ _ ~, ~, = ~° _¢ a D a ~m QO mom mLL d ~ N m „>, ~ E ai w y o ~ N N ~ ` ~ m >. ~ m o t c Q> s_ ~n o .L -. L . c. s ¢ m _ c m n u. `o_ N E 3 T v L N s l y e ~' ` m n v"i n ° m a`~ .°~ o m ` " o N a L O ~ E m a ~ in o c E v E ~ ~ ~ ~ a o~ d= •` ° N N m c _ o o a ~ ~" m~ o -3 W° ~ vi o °' y °' s ` m E `-° o > i o c ~ °1 rn _ O ~ ° o ~ C ~ U c a _ a B N N 'O 41 = 'O m u , O L m ~. (Q o c O '` O' -O vL... ~ ~ 3 0~~ ' o ~ N r °:. a H U N . d~ - ... ~ ° c~ ~ s° m' m .... 3 ~ Q .~ ~ - ~ c Y L-- a i E d m O (Q .-~ U lY C C O_ = S] N ~~ C .J ~ O O O O f0 <N N `~L_' 4J N (0 O~ C~ N~ E h C j 3 U a N y O 'O ~~ ~i L.- N N N O y V L OJ N ~ N to N C O (6 h N- c >. o f a? c N m m o y N D E v c ~ - a N rn N~ r g y E o a c c p ° ~ c a De r i a a~ _ m m ~° E c o N E ax - o ~ = v c m o w . m a o° c y~ c i O N U U N` in o ~ 3 L N N a N c m S LL ~ N N~ > ~ O ~ N L.+ C m ~ y~ y C o '-` c~ E C m E o m c N ~ ~ ~ N m ~~ -D r .~ d ~ a E s a ~~ ~ `° >. V w m E E~ o ~ aai o o v a Q ~ m m o m ' ~ ~ D m m c _ o O d m m ~ Q ° ~ ¢ O m C a'= N Q N (O N O) a Q w N C U O ~. N - C • ` N 0 L6 d~ O O U a ~ ~ ~ y ~ C O ~ ll ~ p m ' N= d T N ~ m m C O ` " O C'D _V O Q (O Op NN C C '3 O~U O ~ t O (A j ~ U O (Q C NL.. N 0 UJ . _ C Cl ~ C o ~ Q ~ 3 ` ~L-- m E o m 'm aEi E g N~ °-' N O L p ~° ° N o o- ~ a _ a r. L N a m a ,-- c E_ ~n N -ao~ co a~ c O T o_ N m :E _ E V m~ E~ 0 a ~ > t a"i m~ °- N m '` c > N N •~ N V U m ._ O L ~ N m ~ b U ._ m U N 3 ~ in VJ a O_-O O ~ a N O E .~ N y L •-O O D d L N E N O N D C tO 'D [O T O 0 0¢~ O a f O N- O >i N j _ N ¢ d N ~ N C ~ E j ry N L U >` L N N d. S O N T ~ ° d 0 : N 3 ~ , E m ~' Y o c~ E ~ m u> r° Q o .o m '° > r- U~ C N a i N o m o ~ >, ~- o w a d a m a ~ >, m ~ ~ o~ H ~ ~ N N d ) N N> O o N N N N d N N~_ . ~ C N` Q VI ~ p y a O N ~ O E U O U f0 rG O c~ a m O H O > d > O~ O 'L O O N C ~ Q N > [6 O rG o/ U Q ~ N U rL r y a 'O ~ O N a "L d U N ~ `L (6 d O .L..~ a N U D O N T T N a N N C C _ p~ N 0 O N m OJ "m ~ °" a .~ ~ ~ d ~ c Y O O ~ E E ~ N N N " ~ N ' c E - E o O N U _ N U •O D a y ~p OI C a ry E O N E C O- - aL o N'OO m c ~ T 3 OJ fO a s T ~ lD C V O O D C C N O Oa m O> C > O C tO t9 a N -O lp N~ d U E ~ c m `m E L 3 ~' a>i 75B-31 W C Q C Y' U E a a c m `o C o ° V U ~ c _ m E N N N N d p to Q) ~ C o E m `o_ m `) ` as a ( ~ c ~ m v v o a p- ° n a ¢n a N Y y O ';: a a Nj O a ~ ~ C G m m 3 ~ N N o-d TE 3 o > C C d O ~ ~ C C E m m m ` a W n 3 a S o y E E O Y 'm ° m w a`o `o nW E m~ m a~ m c 3 y m ~ O) U C ~ W ~a ~ a a ~ N> g c TW U o Q m 'p 0 O ~ p y d c U' r ° = a i o E U m O ._ N O =aJ ~ drn t m m p w m ~ ~ ~ m m .p o L a ... a Z m a ~ E n O o m a ~ m m ~ a ~' o_ E O p ~ U w Lj ` a ~ c ~_ ~ N `pN en y E~ d r=a ° Q1O ~ ~ N > C ~ c p o a . O s j O O C O 'J N C a O) O_ ~ S a ° ? w m N - OJ N _T= OJ N U~ j C N L U ~ E U C C N N N O 0 o a ~- ~ o m oa ~ j ~ L _ .O d N ~ d C C N~ N t T a o 2 ~O °' m o~y E.p~_OC uoi ~ ~ 3 m o m ~'S v' m E m~ a m m o (~ 30 'o m L Q m mg o_ arc m Win.` oa in m H o o. a > c v m ~ a m ~ °~ ~ n a a 01 ~ a~ a o m 0 E ~° In o E m -o Z m c m ~ N p C O Y ~O C V 41 U C O_ n E c aci `" m f6 ~ rn 3 -o a~ 3 c oa °~ a~ ~ .~ ~ ~ m ~ ~ ~ N ~ Q o -_ m ~ o ~ ` m a~i °' tO m a~ E c d L O L O C m .L-. T .mC `oar `o U o `m' v ~ ° ~ d y U O ` d p- ~ [Q C N Y nin N _ N- L O .p C L C o m t° L ° 3 'o ° ~° E 3 w N C N 'O C~ 0) y N m d° c m o c? W ~~ m e R min N~ ~ m o O ~ 'm n a o E N d `on cVm.,. m m 3 ~ a~ v Q~ H m ~~ c Q~ ~ ~ ca ~ c: C U O Ul N C U O VI d ~~. '~ OJ L" N _U O r ~ fn U d m e .C - B O iC-- C _N O N t` d O_ ~- N N o m~ s -o m m a E o oa ~ 'o - ~ a~ a~ a J ~ E >. °c E~~ ° m o o c -o nm i E m n~ a' o -o . m m `o n o o ~ ~ m E ~ o. p- m in N> m p E N c ~ a~i g °> m a c ~- ~ E a~ d m 'U "O .J U ~ ~ ~U O O- ~ 'o .~° vmi °' m ~ ~ m -api 2~ D. w n~ ~ C m> E o N o m c~~~ ~E m x °- o 0 o v~~ u~ N UJ C d UJ T `~ ~ N O ~ Ul "O L -O a m- m-°o ~ ~ :o ~ o m a> ~3 m m Y m'w -p x a s ° -o E~ c n a~ a> °~ = m m `~ '`n E c p~ ~ o m~ m o m .m vi c N c ~ 3~ m ° °.a E a a° a~ a~ `o_ E E a`~ - ~ m o N L Ul ~ ~ D_ ~ ~ ~~~~ N S] (II N U N S o N o E n m~ ~ m .~ co o ~ E m nU - g ~~= n m p aO1i c°i s E N N 'EC ~ m d ~ N O O C ~ - a °c y-3 0 ` `o o Q N ~ 2 C to o- v [L"0 in O O s °' ~' d °- w m °- n ~L N O a n'U m U y U m ~ ~~ t m~ E c !!' m o -p ~ `o °~ 5 '- a o ~ 'O 0 3 ~o~~ m m c ~ ~ N N U ~. ~ T ~ ~ m ~6 c E `m ~' m m O ma -p m 3 ~ . m m T ~ N O Vj (p U O (O 2 D- m n 'o m y E V ° <° s ~° c w o 3 -~ a~ -o -o m m m ~~ c d r O c m a °J m mL ~.Yn _~ _ ~ O) U X m m ~II d c o 'mt m~ m 'O [O ~ N T UJ ~ O d C to " m U - OJ U ~' m c p m 3 li N m u=i o d m o T % me ~~ in qm E._~.p ~ a`~ -O T m p p~ m ~ > = d C_ C y d m.~ y O~ m E m N.C c C."' N p_rd. sin d E .~ a'~i po--OO m a'~i `o .n d E 7 Z d c N W f 75B-32 0 U . m E c o J ~ w d J m b o m c C N c c ~ -O o m O U a U C c U V U U m ._ o a .o a o a a Q d Q C a °c m V' T U ~ C C ~ m Q m m c c E c _ m ~ n_ m U ~ C C O m m m c c c -- c ~ m ~ am m L ~ ~ _. .Oi ~ m N O O ~ O .~ C> L d ~ L L _ a m o E m c Q " 3 - "~-' " -o m m o m o ° ~ m c - -o E E a~ 3 m ° a~ m r i m o c ~ L c J ~ o ~ m g L m c O ~ - L-- m m n .n J E N ~ ~ c - ~ (n 'O m E . O >i y ~ OJ N ' ~ C a. O a> ~ O N m w m v o E o ~ N c 3 `o o o v o in m o- m "m c E m ai °c ~ a ~ a ~ m -_o E m m I? ~ E ~ ~ d ~ ~ ` s L '~ ' E c o ~ .~ U m c _ c , ~ o o m .~ o o o m `o m o o- o c J m c c d w OJ ~ -O in O T d L C O U~ O U m U J ..0. ~ N C N C. O L ~ J ` , H N _ - m 0 C " d O _ O ~ N UJ C a " m O _p v U Vl U m O O m m U L "C C ~ J L 'O ? O C L O J N O -O U _ O m R cC _ U O a ~ ~ X O ~ i. a U N ~ UJ U C ~~ C O] N i N C J -O ~ . N N ~ > O U A L o ~ d U OU ~ a 0 m N N N N r m m ~ s c O N C o 2 T ` ~ 3 ~ ~ 'o O a L 41 C 0 - oL " - ~ a V d ~ ~ p °o ~ a ~ ai E ~ -- _ a "c ~ m~ ~- m m " 0 0 o c o c Q~ ~> o ~' aNi ~° °c_' ~ m m m -pcG (L/l~ p~ D-a v; N >O C a.O O ~.N ~~E E ~S] TrC G N ~ J ~ o c L ~ ~ °' c - c - E Jro LO OC ' °' ° > ~ N '^ - r Y ~ e i, m _ U o - . .. v '~ t E -o N N E c o v L E N m o d° o ' ~ ~ m °' ~ m c 3 °-' "m ~ ~ i0 ~ in °' m °c aci aNi ~ c E ~ ~ 3 ~° o E "o c n N c ~ o E~ .a Y 2~ c° o ~ ` - m o ~~ c o E L " m c c o ~ E m o- ` in N v := c c o -o o o w E E a a ~ m r! ~ ~ o m ~ c o ~ o 3 o o ?- m 1 ~ `~' s m m N m '3 U 3 ' °_ E _ p ~ -JO c a o O " ° ' ai ~ Q o v ~ c U v m "' m °-' o -o i > v_' c E 2 ` a ~ m a~ -o ~ o .. ~ a~ ,~. _ c v~ y a> o~ J " o o o~;_ n=o a~ = in E "w ~6 °~ c U L UJ > rL-> > m ' U L C O ~ C O - U S N N N C m O m 'p N - L m E N •-- .Q "V r0 V "O N O 0 L 7 E C A N w N C O v w N [LO ~ [O v O -C ° O O N C N O ' S `' O (A C C [6 m o C UJ ` C U a U J OI O S] o C ~ N U lO t d O a~ L a~ m U ov . .om m` - O n~oJ V~ m m E °19c Co ~ m~ v c-> v c ~ d w N .v o` `m c m s o 4 c 3 0~ c . o -Op m ~ C ~ iO ~~ E~ N C O N O` S L N N [TO ° N c~ (~ U C v m '- U C C U w v c c c ~ °' ~ 3~ c o~ ~ c m ~ -o E m d o 2 vi 2 ~ c .ri ~ ~ ° o d o ~ o o N .o a N ~~ ~ ai ' N o~ ~ o .° N a ~~ L o o_~ ~ m °- 9 c ~ ~ o r c N o t O v .o J - o m o - c 0 0; m 3 o m° o ° m a~ a ° o cn E u o N ~ o- m U m a U o a _ .n 4 (n Q o U U O C ~ a.L.. O w N m tfJ C m N ; > fn fn _~ ~ ~ E' ~ E ~ ~ ° N .O Z c m m m o L U ~. ~ w U O J C C N N C d N w -O ~~ O ~ o T -o -o aU U ~ c m ~ m o a' a I ~ 3 X L _U U O N C L ~m w .m s m~ O V ~ r ~ a ~n N c j Q N ~ 9 m ~ N V .- N m C m " O N -O (O N E U p O '' - m a C vi O W C Q C O ~+' U ~"I 75B-33 E U C W O a o ~ ° ° N U ..~ Q] .~ U N Vl U .r U ~ E _ m E m E m E a°i c N N _ m N N N an d O~ O U ` y d N d N d ~ (p O) O C ° O> C O OI C O ~ 0) C v C~ jq o m m ° ~ ~ ~ ° ._ ~ aNi o aC7 _ dC7 am dm ~~U ~~ a ~ N U c ~ U c O N U c U U - m U U N - U t1 ~ ~ O' O d d O _ ~ n O a¢ O a¢ as ` n a¢ o_a T V V U U N ~ ~ O C ~ O Ol ~ ~ ~ ~ ca ¢ C O] t° Q C ~ m ¢ Ol a a ~ O) m Ql ~ C °~ O) l O ~ m C ~ . ~ C -C ~ '~ :O ~~ ~ ~ :O C ~ . A N J O J J a m J a m a m a m a m o m c m c y t= m E~ r m m m m ~ m c o o J o m m m ~ ° ° w U c Q f4 o - w . " U ~ ° ~o o =o ~m 't6 9 `= o -O N c ~ a E o T ~ C ~_ ? w m o = > Y i~ C n C C y C T U .1] N >i UJ J ~ - U 'C -O ~ N O ~ D- ~ 'O C ~ ? O ~ N O C n O ~' Q N U N -o c C f9 O N m f6 N T ' i N I6 N t6 ~ 3 t9 r O J Ul J~ ° o o C m c o _ U o a U g o >, m o m m - - o v ~ o 'U c . ~ ~ m> u c o c o o L c J w °6 m c m °' c " a o 1° c 3 0.5 m `~ E~~ n c~ ~ n _ m e ~ to m o a~ o m a J N E B al °' > -> N o N m ~ c y N ~~ o E c J c h m E . U ~ m N c m m~ N ~~ a d o - m o o ~~ m° m o n y m ~ -- c o o ~ a> m m E- ~ ~m r al N~ c a m e ° o 'o a L n N O C N O L LN C~ U N l c ~ O~~ l9 O~ m C -O N U N~ O O O N OU ~ n C 'D fn J ~: -O O O_ 0 ~ ~ m ~ C N O~ S] ~ D_ .° m N :: Sl N J ° E - _= U ~ o ~ ~ a _ w~ m% m O '~ L 3 ~ ~ c O ' C N t6 O) 3 Z o `o m a m c N t il j ~ ~~ ~~ o d x C on.E d ~ o Q ~ U o m e ' U d ° -O d N m E -~' n -o n ° o c o Q ° L . 3 ~ ~, o m c a i o = N Q ms` s m e o o ' m -o w d ~ m o ~ J m N m ~ o- m u ~ m~ . i m m al - - al n - h U _ o c 2 d - c N ~ ~ ,_c c .> ~a ° o ~ m~ y N ~ m o U .J O i il a m o o m `° ~ t `~ c- m m o- m d U U -O tLil L N d ` Lil U N ' O E C Q d d m (D d o c N J 'O ~ y D_ ~ > `l c 3 ~ 3 c > E 0~ c ~ c m'w c m N a i c ~ `m o~ . ~~ oL.- m° - o E . . i al " ° a > ~. E ~ m o n ' ~ ~ " ~ m m ~ ~ ° ° ~ o °1 ` ° N o ~ L ~' a i ~ v m m o o ~ L ~ ° ~ m ai _ m m ~ a i ~ o S ~ .o O t il N - ~ n O N U ~ d'O ~ E yl C t0 NL-, -O ~ ~ O - OJ O 'O C ~ ` ~ 'O N d y w C (O m~ L N Na ~ t6 O Ol Sai ._ (6 ~ N N (O mxc N N O (D l' J 5m- ~ m- o~ o o c c 3 ~ 2 ~~ ~ _o N o n d ° ~ Nl ° E o m a ~ o Q _ m ~~ ~ ~ m ~ - m N ~ ~ c > ` m C m ~ O o n ° O L O L Z C O O U '00 m ~ T d Y L - pl O C o l9 O N U - U _O O C O N~~ L D L i U ~ O ~C J N 'O L m L ~' _O f6 ~ m n U L m 3 L m O m v ° w N n IL- a ~ ' _ n L ~ w of F- F- m y m d -3 ~ ~ of ~ ~ ~ n I - `• N m a i O O C o l V N~ N~ a i N~ C N - N C ' ~~ 2] (p '- t` ~ ~ 9 o °~ r N c [ ) c c O a:.- a= °' -o N o o _ O ~ '~ a m O1 ~ m m N ~ c . i m o m o ~ v °- al N N c o a v o m o o c ~ o `o of > m m c e c L -o . v o a m ~' o n `o N y °l u ri ~ N .~ y m m N E m N ~ c J~ 0 o N O Z ~ t il o : _ N >. c O al m n . T p p N. ~: a in d O of O a> o O CL.- U 'O n C c o ~ C O O . r (6 'y L-- ~ l ~ n E ~ C n!!l O _ rL ~ C ~ [D c rC N N ~ ~ ° n ~ > L _ ~ L ~ C U 'L N n [O ~ Ol C [O ~ ~ ~ ~ tF ~ N A • U /1 n > ( L 10/l _N -O ^6 .f O O N (O ~- C ~ (n O N O ~ - O G -° N N ~ ^ N d `T m o OL..U {~ a c a al m m d N O ~ X~ d a ' ' ? -o m m N ~ ~ d L L C ` N N N N U O N N S] (J m n N d m m O' O .~ > r"jl C E `a c d m Q N d _X r~ N 75B-34 O N U E O C O C O m d ~ T N j ~ C ) OJ N 0 0 oo E o . _ ~ c a~ o. O V ` ~ O- p) E O a V o C U _(mj o n O n a¢ Y O U L ~ a U .p C N Y C m Q O ~ O~ 2i C C U _ C C ~ - S] m '~ Em ' J a O U~ N L... 'N O m ~ ~ in O O O C m O T _ 2i C C VJ N m m m n~ N 3 C C m .~ ~ ~ ~} d .~S N N ' 'O m N F U m= ~> O O m N L T ~ N m y ~ ` O ~. n U m ~ +' ` j a ~.. Y d -o - a`~ ~ C n ` C m m d ~ E L O E O ~ c o a m~ a~ o n m E 0 ° m -p o c a 0 0 E c o m o E ~ m ~ m ~ m o~ ° v a i L . '.; L `c aci 3 o m m m c ~E °~ - ° E F¢- N d E c i N (n U N m N L ~ N n ~ ~ w~ . U> T N U U m N CJ C U O U BL.. d O- ~ V E N . C . O O. 'O L L m L QJ . Q m p T ~ O ~ ~ ~ ~ ~ O Q .3 U '. m O ~ U ~ a? ~ ~ C m ~ o "O in Y ` ~ -O O . m w N in E m a` c ~ c ° a w °' m 3 't d a" o c 3 d ~ o. a i n i 'v Y _~ o ' ` ~ ~ 3 ~ . N n ~ ~ _ N ~ m c ~ ~ ~ - o ~ -m 0 a m ° :N ~ m - T ° a~ OC .. m a~ ~ ~ 3 0 ` p x m ~ ' E E m N ~ o a .L i m - m a O a i d ' - ~ _ o -o ~ o .c s o n T `o ~ ~ D LO s ~° a i a~ m °' s ui N ~ m `n ~ m' ~ ~ m c -. cmi ~ m U m c N ~ c Y ~o - m o m -o n o Y > m n m a`~ ~ m ~ Tv A ° ° ~ ~ d 3 ~ a ~ O O_ ~ 0 ~ ~ O ~ (6 7 O O A m m O O O d O m C ~ >` ~ L "' m v In L m" m C C - N ~ L c N - O E c 3 ,_ - D y Q c~ y ¢ U U ¢ O H E m m op ~ o S~ ~° ~ d o o m m 0 a ~.L .. ~ °nE~ HO . m o N m o N ~ a L o m L -` ~ C O m O' 3 ~_ O L V U m ~ O d~~ (n ~ C O U N N p -O ~ m N N N _ n C !° m p 0 c p >. N O N C 'U ~ p n d U p d= 3 ~ p1 H' C N m U~ O. O V T~ F In N C G N O ' N U , m- O N .-~ O [O O U E o O O. C ~ . U n N~ O n ~Z . n.T E ~ ~ m ~ is C n m p ~ ' _ c o ` m m a ~ n ~ E o ~ n 3 "O y c n d m d'O O O~ b O E `n c ~ Fn o ~ E 1- ~ n. m oa _. Qm C U 75B-35 0 `o U _.N. m E C °- J a`~ ~ a ~ o O1 m c m E v ` a O C U d am o o a a c W 0 cC C ~' c t U U ~ ~ C U 'O ~ C m o, a C O) T Q, a C S T C ~U . d - C U N C~CY C- N O U N C'p CY - N O . ~ cO d m¢ d¢ d m¢ ~ • ~ o ~ J a U `O a U N m .= m 0 ~ L d m¢~ U m a ~ ~ C~ U N ~° ~~ m ° d m¢~ ~ O m~ ~ N C m ~ E "= LL C r ~ C~ A > N N U ~ C O y ~ N d E ' ' c o 0 E E y o in ` m c y -o .°~~ ~~ n c ' om o o ~ c ~ Y " m o N^'~ c ~ c d o ~~.E E o ~> c ` ° 0 o V . N u i - T Ql T~ N C N O ~ O C m O O S]ry ~ 'D w N N ~ O.J. d +% 'O p O m ~ L >. N j U -U fO ' O~ ~N N ~- m 3 .~ 3 U U N N j m U u`~ o ~ c E ~' w 3 0 ~= d -~ s g m E~ ° a °> j m -°' E _ a E c ~ N _ n o o O~ a a~ ~ m a _~ m o~ n y a~i E °- -o o ff m n~ i m a a `" `o a o ~ a o c _ o O m o m d d p p N h a c n (n a m - ~ a i >. _ o E ~ > N O t~ C y m E N tO r ~ O N y '~ m o L .L c ~ C L m E N d t9 C ~ C U U L v N E o a r N N L 1 ff tO o ... n o ~ N o a o p m G o N ° ~. o - 0 oa ~ m N _ ~ S m i ~ a E v ai O ^~ -°-- m o Y Q/ N > c n m O o d d N L~ d 0 N m c w n ~ ~ O p N -~ o/ O N v~ "3 0~ L N ~ a r c v u~ . ~O ~~ H L .O v c d t °' _ N o't c c `o ? ~ ~ -o a~ , o c o a`~ m E 3 ~ m tO -o c a ~ = o v a` m `m °' a i c m _ -~ m -O J c o ' > E 'o y o y m L E~ o m o o m a~ L c a~'i o c ._ ~ n O n c m m ~ N m ~ r °'L ° m ~ o ~ a h ~ ° -O - o c ~ ~ O ~ ~ in . ~ .- ~ ~ ~ a LL o N ~ a i m a i .L .. o m o E o E `c o 3 a"i m m E m c n c E aoi m~ ~ .~ c~ - o .- o N~ a m ~> _ Q 1O >. m E ¢ c E m ..- o~~ = ~ ~ N • E m c~ c m ~ °' o n o m> m m° m o o ° c _ m 3 a3i d o m c e ~ E~ o n o . ~ ~ ~ c a a °- c i ' c ° °' m a i ' n n `o L E o . c °' o o o o w c ~ ~~ o o n o y c E ~ E° J ._ n o a o ~ m 0 ~ '~ ~' o c [n p n o o~ o o ~ p n o' m m p c ~ m c ~ N _ a m N _ E ' .. d J _ U C o > E d m ' .?` m n> N d ~ `o ~ m ~ ° a m. o n -o L ' > ~ ~ _ a ¢ N O~ ~ U w U T_ N .>~ N 3. O J~ ~ N~ O~ N J N C ~ C N~ N N p a C t L U U N 'O E V ~. ~ L C U ` d CL.' O N y 0 O U t 'O n N -O U O C 0 N> d E [0 J J N O fO L N C N ' N O' C L o ~ p V N o °-' ` d ` o aL _ L C ~ ° Q m N ~ ;~ o c C n O F- N p ~° > a LL t o o a "m ~ o ~ ~ a~ c c m- ~~ E o m aNi m o n J ni _ E v o m E ~ m ~ ~ ~ ` c~ ~ ¢` < E ~ c o E `~ o o °' ° m L ~ N n H C ` E >. o O O O ~ m N ~ N o N~ a~ ~ ~ v , = n O O o °> U O ~ C N o m~ ° r t' -o r- V m m =o E a. N .o E N o E ni L n> a N c i y v v -o ~' c E e m J "o v c c n~ m o o 'v c p rri J ~ °' m a~ > m a m O Y E O m m °~ `~ 'o a~ N a~ m N o Q1 m o o n N o- (n N O O - N . c .3 E O~ a m .- O. .. ¢ ~ . F~ a`~ ° a ~ ¢° m m m~ t m H~ m ~ ~ O m v a n a~ E - a i i n o - m ~ ~ -o n n a n~ N ~ i o~~ a n m ~ a ~ N p d . = a ~: ~n.a~NVE~ ~~NO ~EEo E° o ~ o o ,~ L o C J L ~ _aT O V U O U ~ ~ 3 n O N O C U ~ ~ ~ ~ a oa ~' m m m E.m: m-o a c c o ~ - U_ y ~ ~ N ~ N '" m m t° v a d - ` U O C ~ Ql N m n._ y'N N E ~ c a " Y (6 N UJ ~t 75B-36 a C W W C Z O C O a " ~ i° o c ~ E o 3o d c cq ~ c E .wc-, "' C T a m GJ N H C OU ' O N U~ ~- L n O~ O a p O~ m ¢ - ~° ° o U m N U a° O a a d m a~ m Q >>~ ov > m E O n c d LU O O N a ~, C O m o d O a m ra - c a~ m ~ ~ m O >,U O ~~ m m o ~ ~ ° -° N ~_ o a ` ~ a Y ~ N c O ~ o_ E ~a NL mLL N _~ O O~ O'er T NL-- d n N OL ~ m " c a 3 E n i ~ ~ m a a ' m c 4 m a I ~ o T ~ ~ N ~ ~' C i6 N °~ Ul 0 L O ~ E ~ m C N c _ d j N N ~ N C C O E >. 6-O ~ O O `° ~ O O N _ lO C VI U = fn en a ° m n ° ' c c m m a> s a m > m c~ m a~ i a m v ' ` m> m y v U U a m a~ ~L... a~ a~ ~ m a c ` o . _ .` L O a m ~ . '~ ~ o ~ a? aci d o. .3 ° ~ m m m n ~~ o L m 'c a~ y o~ E . ~ ~ m `° E= c a' o L-- U ~° a '° Q t4 °- ~, a w ~ O o m° o `.c E o .o ° d m m ~ d o E o m o =° w m~ a o m ° . 3 m > m S U " >' m ~ °~ >~ ~ a i L d es ~ c r S° - m ~ c C O m O N -O C m += Q m p 3 0 ~ C O U L O~ ~ E m o o o m ~ m to -. m o T o ~ aTi c -' o ~ -o L 0) a~ L J C ( L N L O () v~ i > d s L C O N ` ~ O i) t .... U n ~ ~ E > m E °1 ~ L v = - i ° m a ' ° ~ m O m o >, t~ ° a n o~ m v n a ~ ? m m >o >. ~ n -° o ~ o °- ~ ~ ° co E m 0 o m E m "' .c o a a r° E o n~ in "~ m r U d a o w c °- oa o m m n.~ L ~ ° o~ ~ `a~ E' a`. m 3 E a F - t° d m° H c Q ~ s m o ` H o n F N a m . 'o ._ m a n . N m nmi E m a m o a m c o~ E w a~ C m - (~ O - m C D1 m Q. O a. tC m, Q O t°ii ~ ai ~ ~ E ~ ~ a m j~ C y O w ?i d !n en n m ._ ... o ° ~ c~-o E o E E m o m °' ~_ o ~ o p d a N N N (,J O N m o d es ~ (n E d m m 3 ~ ~ n~ c o a`~ '~ ti ~~ E E c o a O> ~ O ` "' NO m E a~ i6 vmi 3 ~ n n~ m N y~ O C p O >' ~ U O ~ ~ L_ m n> E a C U° m ~>i m -O .m-L.. a N N E ..N- C N O UJ w C U -O N ~ o 0 3 cmi m a> ~ o m E a ar = ~ o ~ ° ° m ° m ° w~ E m a' c~ a V O N O) Z U O ~ a°i mL--. o aNi v°i ~ c > n C >` N °' o ° m ~°i, `o °' `° ~ o >, oa ~ L w- E E m m m o a m>> m .m ~ E U m a~ ° c > =o c~ 3 m E E m u°i U .o ~~ m 'Y ~ m v ~ ~OC r~~ o `o_ n a m ~- ° a U E m n.E ~ ~ 75B-37 E N v c W 00 c t O C C al U a c m ~ N .~ N d ~ O O 0 0 °' n w n [6 U U O U O- tO m y n m -O N d m `o m w c ~ ~ O O_ 'O ~ o ~ o- in c y U Q~ d ~ n > N O Q/~ .T m ~_E oU U n d ~ a d m n ~ w a ~ m U y L ~ m m L C J O 3 O N ~ ~ ~ E ~ N ~p N N ~ C ~ -- o O m N ~ m F- N I- C T N VI .J ~ o~U O m n N m O v ~ d ` c o m m fd C c o ~ U r c E m m O m N m y N C p ~ U fn ~- n ~ O E O V O) ~ C C UJ p_ O O O -O j n m o oa` E~ n - J am c U U _ ~ CJ U N'- O d O.Q ~ n as ~ ~ 4 c O ._ ~ m Ql ~ C C ~ N ~ Q) ~ m O ~ °' m y _T ~ C ` U ~ G C ~ '~ O p m N 'J a~0o am O ~ C ti c ~ 9 U~ •- m E m n w (O 'U n n ~ O ~ o. ~ v o ~ N m U ~ m N N T-O E v m °: ~' n m . ' ~ o > a in ~ ~ m ~ `m ~ m = m 3 ~ -o m o> Y L (n !mn ~ ~ O O m r m m ~ o i E Ul E v s U C U N ~ ~ >. °U a~ °: m J O) X m d ~ ~ ~ L N y ~ c 'O O O C U C c9 j J C U E O-~ ~ L ~ [U j d O m U d Q1~ . . -`-' ~ V N E _ N o- co L-- C U ~ m m o vci -° E m ~ m~ m _ > 3 ~ y E m m ~ E c o m a O C_ O ~ G L 9 U n ~ O Ql O~ d ~ ~ y L d C ~ L C fO OJ T (6 F- -O o ~ °' E a o J ~ U C U N U '00 N O C a d - O ~~ L C m en L _ v d n ~~ a v mL... N U~ N N m O C U d O~ d m J N <6 p ` m ~ O ~ y' ~ °' E ~ n ~ a i U m ~ T m 'O Uj 'O ~ p y fn .C O) O U c n ~ J m ~ m m o m ~ > m m 3 w o~ .n w ~ m `n 3 'n m 0 d y L m m c~~ y o o~ T C m~ m N C U N C T 3 N ~O C G i/N ^o E O ~ `o ~ 3 E J .` m° - ~O v ~~ m ` c m d o ~_ n U O ~ ~ O > n X N E T O U ~ d D- E c 0_ ~ y ~ c ~ c m m m c E p G y m 'O ~O O~~ N ~ N O p~ ~?~ p. ~ w O C J U C ~ ~`~ O E N w N C U N ~ U O v o m ~. m c -O N c E ~ C ~ ~ X 3 0 ~ o > o ~ "i ~ m~ min °° ° o mO-mo 3 ° a ~ ~. -o 0 °- m p co j E ~ m o c 3 Y o- m m~ m E~=~~ o '~ Jo 'c n~° U m S N U c m d c 0 N W d H ~o 01 75B-38 U c W 1 -~ C m d C U N V C D1 ~ E n -O O V) O y O m c~ m :n c m b c m ~ ~ ~ . C m C ~ C O N ~- O N O J O " N D DU ~ U d. (nd C C C U U U Q Q Q Q Q Q U N U N U Ql O O O ` a a a U U U C ~ d C ~ O C ~ d m ¢ m ¢ m Q m m m m m m C G C C 9 C ~ C ~ m '~ m '~ m 'S R 00 d 00 d m O ~ ~ .0 ~~ .L. O~ mm w ~ Ldp ~ J m i n L T~ m ;~ c fri X d a m O t ~° _ L C 'O N Y C _ O O U m p OL, O L O N ~i ' w to ~ N ~ - N .J in t N y y O ~ ~ C N m m a E o OJ fn N E 'c o m m d o ~ ~ ~ C U `' ~ ~ 0 .x ~ OJ O) d N O m 0 m .? E to N O ° ~ ~ .T- .n ~ N to ~ to N m ~ o' c - O N n'~ y aNi ~ ~ m > 'ri ~ c o c H C d O d U O N N N C V C U m ~ V- N Ul m N y~ N cO O }C c 0 c E m m ° `o ~ w > o o m a~ m ~ - " c m m o v c o v - v o `m C a a i °' E . y a _ ~ O m = ~ " O N C ~ Vl m ` ~ ~ O ~ Ol O m N OJ L L O- E T > m m N Ql ~ C ." m O~ UJ J> W m m m L 'C N m m ~D "0 3 0 C w -E m m '3 N UJ w n c m= y ` m c m 0 N L C c N ~ n N L m O a~ n 0 m o m d O d m > m J m m` m - O J~ p O C GJ O ~ L C _ o m C O N O O ~ U Id -O 10 O] O C L 'O . - V) O O C C t O J L 0 C C d m m y~ m N ~ N ~ d ~ Vl - N U Ul U~ O _ . . ' 0 -O ~ N '~ ~ '- N N ' ~ 3 ~ i+ L U -O ~' ~ m m m m O m c m ° N (n J -O ~ E 3 N U O a m c ~ ~ 3 c a` i ~ m o_ m . c m C ~ to O O O y N N O = ~ 10 C - T N - U m O _ U J L_ L n O. O O _ A 1V ~~ O N m d m H m m -p ~ O .°~ ~ m o N E o ._ o ` ° c m~ o m N m ~ _ rn _° o m U N m . m o_ ~ o ~ m - m m E - _ o o a E o i m oor i .E m a n ~ ~ :y am v r : > ~ 3 Q.J d ~ E~ ~ ' c- . ~ ~ c a''~ v :_ c . . E ao ~_ c . mN , nd mE E O .~ o U m 0 '~ ° m >. e-~ U ~6 E n m g o o m o E 3 a m N ~ i a C N ~ ~ m r N n m N C L N C B n~ O a v~ fn ~ a v i. 3 v .L..T- jp - m m e > .m m O y .~ ~ O ~°' d a = 0 °~' 3 N p o m m N o O ` c O~ c `T' m~ _ X .o m ~ N> L ~~ L L ~ m a i n V) .D m U 'O m 0 `o ~ ~ o ~ ~ c N N d m ~ c N Vl a m O N O ~ - -m -O U C - ~(9 -O CJ C C O _ O C _ J _ O 3 ` E 3 ` E o o N (J Ul U n ~ V d '~ m E O- U E O- U [" J N O O V N O L ' '' v on 3 d d' o° 3 E U d E U N m D_ C y- m ~. C .r d E ~ T ~ ~ a O- E N D) E 'c r . O O_ O m U n n Q U m O d T U ~ C C O m Q m m c c_ C ~ m '~ a m y ~ -o 3 N rn > `' `o m L m C O C O -O O U p~ ~ N N O Q Q U m E d o d w ~ ~ `o C ~ 3 0 m -o m c ~ N m a ~ m ~ _O C N n o C N N m0 Q m w _ ~ .m. C C co ~ m m ~ y O O O U _T ~ m °-° U 0 C UJ OL.. ~ ~ c 3 N m N m y aci c ~ > m a`e c O ~ ~ E d N N ~ ~ N m c U = O o vi ~ m ~ Q ~ v ~ 'O U N ~ C N d m -o c ~ ', O d O y '' O -O U ~ ' U O m N ~ O p I w °- m c ~ O O ~ U m d ~ U U T ~ O .J m i !" N O w N V C C m ~3 O V [06 16 ~ N Q. E o 3 0 ~~~ 0 ?.` U 75B-39 V C O O O O _ O _ U O~ U O ~ U O ~ U O~ U_ ~ O ~ ~ ~ ~ ~ .~ 0 ~~ p d U d U d U 0 ~- U d U C C U C U G U C N U U ~ Q n Q n ¢ Q Q Q Q Q U N U N U N ~ ~ O O O ` O ` O a` a` a a a >>> T T T >~ V 'O ~ -C ~ ~ ~ ~ N -O m yip m Q m¢ m¢ m Q m Q mm m ~ olm olm m ~ ~ ~ C~ C~ C~ C ° ~~ C m 'g m -~ m '~ ° '9 am am am am am ' C (O T -O ~ L N L V~ N N y C~ t9 N U ..N.. U ~ N> N N O S] L (D O ... ~ ~. _N Q OI O~- L~ ~ m C C L,.. ~ tC 'O t N E ¢ L ~ ¢ ~ a +N. ~ C ~ N = U U C ~ ? ~ C U C > L cb U C U tO ` N 'O N .J 0= 'U L O ._ U 0) - O cb ~ UU U U N V O N d ~ ~~ A~ !n d L C ~ -O -p U U~ `O o E a E 3 v ` D ~ Y m vi 'vmi U a~ 0 2 .v °~ U °' c m a N U c n m m O '~ °-.~, U ~ c~ T ~ N ¢ `~ - o n ~E ~ N Nm N L d i C ~~C ~C N (O Y ` UJ N .. (6 N~ ~ N '.' N U ~ U J° O U U O C QI U n J ~ U f9 U~ tO C` N N Q O O C E ~° ~ ~ C J Q t6 U f p O O ~ C ¢~ N O Q m ¢ O~ t0 C m ~ >' ¢~~ U 'O m C O C U C O N . 1 N~ U -° G_ N C O N QJ ~ ~ N C C C O H O U [p U O C`i [O A N C ~_ U N~ Ul C j a U U J pCj U O _'O C' O d ~ B C N ~ N U O J f6 ~~~ _O S U N fII X~ U J T ~¢ tp >. ~ C N C .3 ~ ~ U m C N d` U " C O C UJ U` m C L N G -O Q ~ T L . 1 d ° m E ~ ~ VJ Q ° d ~ ~ N N l (>p 3 ~ UJ ~ N + (6 ~ ~ L ld d ~ Vl C N ~ .~. ~ ~ d ` Nl O N ~ ° C O) U ~ !Q +. C ` O N >i - T N ° Ul ~~ a N J _C C Q N O N J L O Q • a1 i °~ P o~ N ~ c ~' °'~ ° ar a E ~' a ~ ~ c =' E ~ o_vJ m ol~ iii ~ '~ m ~ =~ v m V ~~ .~ m m N '~ E N ~' °1 ° a> c a> o 'o c a~i ° °c .- m a aPi m~ U E y N L ~ o ._ `° a s m~ o~ Y Tv H a - a v m° m o x `o ~ o N~ ° o 'o m ~ .3 v ~ U Ln c° d ` ~ t ~-° °' c¢¢ t c m L o 'a s y s ai ~ .v y Q N: ~ a~ _ a _ c m ~ a`~ 3 °~ ~ v N c a`~ E U m >` ~~ 3 c a`~ c J N o c o m °- J >. o E L N o d ¢ 2° m ¢¢ o o a a~ a> ¢ m o c (O 3 d C N U~ m¢ '6 c O a~ °°' o ~ ° ~ a~ Q m ~ .v m a ~ Q ~ d ~ m a a> «~ ~ ~ a~i a~ ~ c .~ ._ O N N J~ O¢ T O N O U N m C ~L.' O d ~O N~ d > E N O m 'o ~ m u> ~. m .D -o m c m E~ J ~~ o~ ~~ O E ~- n n m m ~ N N N c N U o N N C B d J- U N N U 'O m L¢ (O ¢ ' ~ i L ..' ~E d > L E I- a T L Ul ~ 3 N U Q L =o ~ 3 [0 O J U -OO m L L C t6 N H o mL' ~Lo L l0 H 7 ^ d c N a~ F N Q a~ m • . ~ ~ 0 v, - ~ C O N~ m Nj ~~ N E O N ~ C~ Q m N E~ m C~ N o E O~ N O S ~ U N r ~ N °~ ~ N a 3 m E~ N o ~ m~ > N E n U N N 2 0 ai y a V p y c E C O O O O T _ ~ N C O U 6 m- O O N U L O N¢ m ~ ~ o ° ' a o o °J ~~ o o m ~ m 'D ~ s n L~ ~ o o ~ o a ° 3 a Z Q c ~¢ m m c» m i a v ~ 'o J to ~ ¢ U d rG m Q N (O _ ~ rC U N > in ~L U m . i K J 'O ~ ~ N co 3 a U ro m N oa U °.~ ° E c m y O~ N m O N y ~ Z "o !~ m `¢U a`c m ° ~ ~~ c.i a E ~, ~ ~ w mO c o ~O v--. oL m> ~. - c a:5 ¢ = c J is a> E ~' o ° t° o ~ ~° m `o_tn ~ > a 75B-40 o m m U 0 0 ~ 0 - °° ' ° " ~ `o .` ` ` o o ` O ` - m r ° ° N in y c a E ~ p C O p O 0 .~ CO O p d O N U a U a U d U d U a U ~ m d C O d a C 10 '7 n W z U c U n Q U N O ~ ~ U a ¢ ~ O ~ c U a ~ O ¢ a m U a N O ¢ °- m U °- N ¢ O a c m n U ¢ U N ~ a ~>' T m C U C a N U a L U a C L U a C L - ~ C L C a Ql C m 'c° ¢ `c° ~ a' o ~ a m a m m O1 ~ 01 T f °~ T C S T C~ U S C 01 C~ ~ -0 C Y C C 'D C` C a ~~ N C "~ N` C "~ m~ ' a A '~ m o d m¢~ m ~~ m o a m¢~ ~ ~~ m° a m¢~ ~° '9 m° a m¢~ a m m ~ m ~ a> c a> `o OL ~ o N a~ L C ~ ~ `o m ~° 1] OJ m ° ~ `o L ~_ C d ~ ~ v 3 fO C L , ~ N .~ _ O °i O C U L C~ D_ !n f0 Q U N . N X 6l L N N L - O n Y0 N C N U N O N N _ _ N 3 C N O a E N L C O a r O= U L a N U t0 d L O_ N N O N a~ (6 U O C T tO ~j = L 0 3 U N N N !C (n N v a ° a ~ 9 ~ °' E o .'- ~ o ° m w ~ ~ v 3~ w m° = m. m~ o ° m a~ 'n . o i t~ a ~ m ° _o >, o N E a m ~ m ~~ o N m `N- N coi t c m m~ a c N~~ o a> - - - ~ n. U m N .c ~ >o a~ ~ aci cTi .4 c ~ L m m~ ~~~ m m _ 3 ° m o c m~ m o n w n _ o - m a c r C U ~ 3 ~ U a ` N~ [O ~ O) "O C ~ E t a C L C ~? a N m ¢ f0 C O i O U C ~ O O - " ~ >. C in ~ N L d C U [ - O Q) p C n .N. O- ~ p O L tO (6 h O UJ O UJ ~ a (0 n C r 1 a .O O (6 C- U N N C N .. N U U O U L ~ h U ` '~ w r ~ ~ C O C ~ R ( N C ~ O ~ a _C O L n . O U O T U - O E N T (O ~ L N Q Y U L O N U N N ~ - yyyyyy • >> T U N L OJ L m U O~ C m L N .U = C` m L~ O a C C 0 0 U O ~ ~ c .C N Ol ~ O Q O ~ N ' O ~ I ~ 1 C d ~ 'C N N L~ d E a C O U G O aC m O O d L~ T CO O (°O f/j ~ O y A p N n m .~ d m H >' m ~ m Q E ~ m e o =o y 3 3 w n ~ c ~ m ° ° c a~ 'm °- . m o c ~ N a~ ~ o m m o i~ -~ o ~ >. a i -- c c o m c m 3 c E c o ~ m m c v o -=o ~ c 'g m~ ~ m - o~ ~ ~ m N U ~ Oo `O O N ~ ~ m m~ D E o - ~° a °J o a v' c~ a ~ U r `•~ U E m °' E -~ ~ o¢ ~ r° >, 2 ti ~ o . ` i m c Q N ~ ~ a m ' y .o a m :n ~ N U v Q ~~ ai a m . ~ m v°i L ° m m c c a~ ° c U~ a ~ ~ Q . O 9 O a N N E O L O o B U N ~i L N >' N L ~ ~O N O O a 0 O N C N a N -~ C O_ N d a O O U U Q UJ ` O m ° ' C y N 9 U U 3 C - O O N C N- 6 " N O C O U O ( 6 Ul a ~ V O N v 2 N '-" C a N t0 ° N L.. c N . a~ ~° `° u m w a~ a m n-> °-p_ m > o o c o ni c ~ . c Y m v - m > w ~' 2 > m- m o o ~ a m m~ 2 'o - a> o v c m o N m m o ~' 1 a c Q -°a c~ w e -°o ~~ w `o > n ~ m Q ° ~ c m p m d~ ~` N o c . °~ N o m c m ° ' T -m o ° N Q o m y ° c m '~ o E ° °- ` . U ` ` ' c_ a .E - d U ' - ~ o d - E m L ~ m c a i ~ o ~ o" c 4 ~E o m ~' cci a ` C L a ~ a i ~' L ac o a ~ t `° n m ~ >- ~ ~ -~ ~ a~ c o m O ~ . ` 'UO m O" N N E d d -NO L H N O p (n O N` N~ U Ol n a ~ -in ~ U\ o a r O O d O O N C -'- C N U C C O N C C d d 0 0 0 N C C U~ O O c fV C C O C A N C 0 Q O L (p N = ~ Q k fV O C O ; C~ N L [6 Ip ~ +' a c v a v o' a v' a c a a e Q _ N ~ °c' N>> d w¢ N 2 2 a> i U ^~ ° 2 a N m~ Q N m E~ o c 0 O m 3= of ~ i ~ ~ m i ~ ° ~ i ~ Tn in - o a o L O c in ° 0 m o~ in ° o m. a m _~ N o ° n c c o n p- n g c c m o c ~ c c m n r , g c ~ ~ c ' o m ~~ o m m~ ~~~> ° ` ~ ° ° c ~ ° ~ ti m ~ m ° ~ ~ `~ ° o n rn ~ a E °' £ o ~ m c O a E i o. ~ a GW Q r~. C O U 75B-41 " C C Ol m O C m 'o c o o m ._ ~ U m 2 E o 2 U C C O Q y O O ` o v a E a U a c C C m m U U Q Q n Q Q ~ m m •, a` a jp a T U ~ m C OI mQ D7 O O ~ C m '~ am U C ~ ~ m Q m 0) ~ ~ C m ~ am d o o r m m m j °' ~~ o ~ E m t° t m m ~ C ~ d ~ O m c E ~ N L C 61 O" " m ~ 2] ~ N m n _C C O L 16 ~ d ~ C U U N N O N O O ` C L m U N m W 6 ~ a O n ~ m N - m O" O ~ O d . R m .T- y N y c~ O C m d [U6 l4 U N m s tO 0 = - E o m o v m d °~ m m~ ~' m m = o a a~ ami ~~ >m ~ m m ~ ~ Q v~ m a c o m ma m S m m ~' ami ° `o "in n N a L ~' ~ m l6 L ~ U C ' E cG N m m "O `m h O ~ m N ~ N U O m N i m m m '" o E T `m m ~ m c ~° >, ~ aci UL .... ~ n m 3 w .n . ~ m ` c E _ a~ ~ m t ... 'mC ~ ~' m v c 'o c o ~ y c '~ a i m m ~ ~ ~° d m ~ o °~ - y c m~ m c o v E " 2 ~ o s o m .. n of C7 ~ in 2 ~ >. a a`~ w N> a m > ~ i a •~ ~ c m o t y m a s m y _ = ~ m o p. oo ~ ~ .~ "o m E ~ m n N m ~ m m m ~ i a- >. 'n c L Q a o ~ _ m° E _ C~ v o ~ c ° w o °-' N o o a`~ ~ ~ ~ 3 m ~ ~ oo ~ m m C S' ~ O ~ -O 0 m a 0 d O C m 0 "O U m U a° "O .> ~ L m 4J U m N Q ~ ~ n .- U m o °J -o c m 'p U `° E L m" m ~ ` a~ m n '- o .° o m a i a- -S o c [O m m - 2 m m o c a r o o ~ m c a ~ ' m ~ Q c ~ N o t ~ ~ o _ a~ in - m h o a> o 5. E~~ o ~ ~° n o v m o ~_° N a> >. m E c c m O U N C Q O O N~ m m o - , O U N 7 U ~ E n m N 'o O U 'v N m ~ ~U C o ~ m N U o m ~ m 'o m > C m U P y a U~ c _ o m ~ c m m i c ~ E~ ~ > t6 N ` > m ~ m w m ~ ° ` -~ ~ "o ~ mo m . N a i m m m E °' a a ~ m~ 4 m E t " w c > - i -o c°~ °~ a m - ~ ° -o y o .E '_' ~ o N m 3 m o . , H m o.- o o ~ ° o -O o a tO N m ° ' " ~ E ` v N 9 ~ N ~ - v a " 3 E U c n o E ~ i ' ' - a m ~O o "o m . - . a > > 0 m ~ > m E m c ° ~ ~ ~ m ~ ui m m O i ~~ c a ~ d ~ = ~ vi O n c r ~ ~ o ~ ' m o > m . c 'n . `---- °_ N C Q U c` '> m m~~ !E d Qi E ~ a m E m N E °- 3 U 0 L > 'w O m c i ~° = 3 o s m m o m _ n N ~ e ~, v m i " o ~ L V s m m ` o y ' y r `o m o a`~ aUi in o m E o ° ~- a~ n ~ s c o n o m ~ E ~ a i m h n O^"' 3 ~- > y ~ ( ~ oo rn m o ' C m in fn - m O L ~ 3 o m L~ O O O C` ~~ J. N D7 O C C C U _ . N _ d (O O c m. O N n T N ~ .J m'~ 01.~'U O N ~ O>~ U m ~. V V N N N ~ O U ~ ~ ~ ~.... ~~~ .Q E 2 E o ~ LL ~ o~ E a 'o m m >o d o 3 m o~ n ~ o N m °m ~ o~ ~ U I: _, a o ~ ~ U ~ a rn UNE _ , o O ., ~ N C E C C O .. ~ ("J -_ n E a t n~ O C ~ O O O O ~ ~ ^ ~ C ~ O O m • • • • • • • • • • • G m n.S] 75B-42 0 0 U CJ O ~ O ~ y y O CO O ~ d U a U m C -O c a o c - m U O +J U . m C ~ O ~ a U c `c ~ U ~ U Q Q Q Q Q Q U U ~ N m O O O a a a a C O J (T> U C c a m a m m m C 'o m Q Q m m m m~ m m .c a .c a ~~ -o LL m '~ m ~~ ~° ~~ O d m d m d m U (n ~ C m p~ U to a ~~ C m O C .v ¢ ~ c °- - aci 1° O m m E m m 2 m m o E m a m a °-' E` c m _ ~ U o E S E c ~ C o (n w Y en -° m c d ~ -m in _ ~ 'o m X O ~ L_ c ~ L C m _m _T m N m m m fn `o ~r oU d c.d c Q ° m m U m C O U 4~ m m O C C C O_ ~ U - ~ a~ ~U m _ N ~ m d E ' O m C N d ~ C . ~ m d O O ~^ ~ U X m U m ~ o a°i `o `~ 0 o a°i ~ D_ m C m O T U C ~O ~ c m o ~'" nU o m n' o° ° ~ o. ° O >. o -O S] ._. ~ iii m `m m en L _ T ~l C m L O "' ~ . -~ ~ C m a d. T Uj N U _m ~O '00 'mO m N O D_ ~ ~ m ~ d d (LO o-a ° a m m ~ d m c N L m L m O O) _ tt L > «O C d N to ' O_ m N m fn .~ ~ Q y L ~ N N T _m m m 'p rG O - " m~ C ~ -O _ ~ rL.~ ~ L S] ~ N ~ m U m O 0) O T - m m ~ > E5 ~ m ~ E ~ ~ _~~ . a a o m ~ - ° o a d~ :.. i a N ~~ .~ m a ~ ~ ~ ~ m ~ ~ m N m L ~ ~ L U m m Vl I- ca H ~L N ~ F- c w t E w ~. ~ d .- 3 m fn D C ~ U ~ O C ~ 1~ n. ~ ~ O 'n vi m co c_ m N U O N O) m m c m Q c m c'! N p c ~ v c c v m L Q N ~ a v ` '~ 3 m N o~ m c O a ~~ .c N a~ N o0 O m . 0 ~ cmi N N E o O '~ ~ m p ~ m ~ ~~ ~ s ~~ O d ~ ~ p vi m 'L O c ~ ~ U a 0_ ~ _ ~ a N 3 m 1 Z Q _ 0 `s N U .L.- N N ~' ~ m 8 m o m m °~L.. - o a~ m °' ami c c ° m m min ~ E ~ a .~ o d~ o~ o m c a m OU _O C` M m~ M .- m m O m a n N .L- N~~ c~ a c~ C m Ol V) Y.L., m L ~ ~ o ~° L~ ~ Q~a~3 acs c c In ° O C a -_ O (n O` N °U Qr ~ .^T m 3 o fC6 m M m m O C C m L m ~> w ~' ~ m m h 2 aci ~~ m t m~~ .> m a°i "0~ c d 3 m= ~' -N m° ° ac m m a m E d o -o ~ `° E m m °' c T ~~ o~ ~= O m LL °c~ O a m m o 7 m:= O m OI C O N C m .J ° m O C C m~~ m L O O N°~ E m - m .o >~ a~ m~ `m c E B m L O O~ O C L m L V i a ~? N m O N E~ m O O m m m d~ m o m 3 0 o c m °'= c T m o~ m O1 ~ n~ ms '~ o- o-~~ d E y m C 01 N "N OI m m m~ N m~ m~~ m °' ~~ m co 0 0 ~ c m ~ y m °c `o ~° aNi m 2° a°i m m~ a m fn O~ ~ m c ~-` N O_ N m ~ O C .,. C C ,d ° O ~n m m~ o~> M m~ ~-° ~ a a aci 0~~~~ o c Y j~~ o ~° LL c 11 m ~- « in vi c m p N O O .C C O C m C 'O co a o N m - J U m U m O C ~ m a D_ N ~ 3 m _O In v E v~ N c m m m m m N. E O_ d ~~ m E a d O ~ m r N U N M O m d m c u, ~ a c o m ° •~ o . vi E m O ~ a ,- C ~ p_ fO~_ m ,n :n a m m: C ~ ~ c (Q d 75B-43 W C Q WC N O i+ U _ N N N T o c m > 'o a c m a~ o c 'o °- a -o d E N c ~ ~ ~ E ar a = o a C7 °-' o ~ m d N ll O N N ~ 'O ~ p C U ~ E o m- m U ~ C C '- C N _ rp D7 E _QI d y C Or C C O O Y N 'OO O y • 1 (6 O t L d O C E N C tD c'J L N ~ N ~ a .. C ~ C or o .r ~ a o ~ Q ~ i o ~ m ~ ~ ~ N U tT " U ~ O O O d .O O O p~ N N N N i0 O_ y c w t N - ~ T c N ~ c_ ~ to ~ N ~ .L-- ~n 'D Ol A N - a ~ m - - `o ~ ~ o ~ ~ U N N N y j U N~ O C tT N N O- in y 0~ O_ N c p j -O C O G O ~ O` A c r _ m o m m >, m a m _ o L T ~ ~ O ... N D (O O to O a :~ '~ n c ~ U a~ ~ ~` E C_ g N O O N ~ ~ » m~ o U d c m a i ~ ~ ry N L '~ N N d N~ c= fq O O N C~ ` N N p~ U "O d ~ . C (O UJ O ~ w T O' ' - O N ri c d Z C O C O C O U ~ U ~ U_ 0) ~. OI ~- O) .J C rn - C C N - C C (n v C O U O U D U c `c c U U U Q Q Q Q Q Q U U U N N N O O ` O a` a a U U U C ~ ry C ~ d C ~ O m Q m Q ~ m m m~ m m c c c c n ~ ~ c b m ~ _ m ~ m ~ a m d m a m C ~ O) U OI N ~ T Ol !0 -O O - N C C C N d C C ~ N -O = ~ O c ' ' - -o N O ~ _- c O E c o ~ ~° o ~~ E c -O m `o. -0 0 0 a> Q u a :N ~ O a~> o N N O. o ~ o N ~ 'O d L m~ m U C~ N a L 'C E [O tO m ~ t0 U Q O VI =O T Ul O L C N C_ ~~ O_ U O) [0 C C O N Ul O L D .~ N m> -o N m to O a m 3 ~ 0 ~ [6 N T (6 C c6 N Y s - E O~ •~. N N N.L--L L O N O O N v 3 m m .m o~ ~ 3 m -o ~ U~ ~VrnNO CY C~ O~~CC O N in ~ c= w O O to ~ ~ 3 N m a N U ' c E ~' iii U `° a` `o = m= a ~ m m N w or ~ c ~ 00 m ~a~r ~' o'o ~ m y O w C d N Ol NQ y O "C ._~ Y A m r N C O Y O a~ E - - O U N o ff m~ N m O N tO O e a~ c L C O N 3 7 O C t L 'O w 0 `J E N d ~ C p- d~ y N t9 p '- w ~ r N N O 7 O cD d N O _ 3 ~ 3 N N N `p L N 41 ~ O_ N C ~ v m m `m m c m aci m E c m ~ v ,~ ~ m O (O 6 N (O T C N ~ ++ p~ U -p ~ N tO 09 p> y N ' Y N ='~ O ~ ~ N ~~ C N N r` > C t O ~' ~~ f6 .G ~ 'C ~ i tO Q L o c O o o N E "v o~ o v s ~"~ y E m `o m E m O o d v U~ Tn a a~ , c m e o a a o 0 3 c m v, m ~°' m o a v o° ,~ m v y" o~ ~ ~ ° a v m o - o c A N° m N °~ $~ =0 1O N t o ._ U > O_ O d t ~ C O] ~ N N N u O m~ ~ a . ~ ~ ~ v aoi ` _ ~ o c a~ - ~ o ~ ~ a m m Q o m m -o `s c n E~ E a z ¢ ~ N m a t d N N N O~ m U O L O N T- d Y V p U c C C O m m o `o c . N O) o c 4 ~ in . N~ E~ o ~ :a o O C VO L~ v ~ i.° S c c N N ° co U ~ O c N o 0 V `U N E a~ '~ J o y E a~ a N o ' o 0 o c a i a >. °- °' _ !O N N U N C - ~ Q UJ d U OL ( ~ C r N ~ .- n m 0 [p U a N N 0 0 0 0 ~ O_ v [O ~ ~ ~ d td V O (O QJ C C7 V O (6 T U V U O_ i.. ` C [O Q ~ ~ U d i.. p m ~ O ~n O N d ~ d '-' O E ~ o. ~ o aU E ~ °a~ ~' m U O td U 75B-44 ~' Wi o U O) C N c ~ U c U D. D_ U m 0 a U _ ~ C m Z m ~ T c G U C ~ C m - m C D7 d 61 Q m T O ~ C T~ U Y c O~ L a`~ N ~T. U ~ «° E u' c o d U O -O Q O U m L_. a m m E N ~ - C C ~ y m o E m d m _ O ~ m ~ ~ o ~ m •Z' co aci m a i _ _ -O m O UL" ~ ~ VI C c N L E •~ m '" c"m ° r 3 ~ m _m E i '-' o 61 c _ L .. - C O L .3 3 ~ ~ ~ o r L _ c N U ~ ~ ~ .r N U m - S N . m `n -O VI ~ m Q GJ Ol w C ~ Q1rnL Z E n m t~ m a`> ma d c ' ~ ~ m ~~ o cow > c ~n a m m an d m N ~ c o m "m ~ '~ :: m c y°~ U Z E~ '~ c a`Pi ~ E m~~ Q d ~' c a~~i ~ N m ~L.. m~ - Z m ~ ~ N . ~ m C O C C m UJ v N IC C ~ m -o m c~ ~ o .~ _ o o N ~ Q ~ U a"i -O '0 3 ~ "~ O) m QI ~ L N~ N 'O N U U ~ ~ ~U E ~ O v> o E ~ ~`~-' Eo `o o ~ w ~ m y `n ~~ m U c a c y o ~~ °~ L m E m o fq o v `o - v N c N a' Q m -OC 3 v O O W m C U j m N 0 N~ ~ O . m O U O L :.~ N L C -O UJ N ~ ° y ~ c E 2 n E `o ~ O C Ql ~ Q. c -- c `o U E i N J v i { d L N g ~' ` E - o~ o~ = O O V U y V ~ ~ ~ '~ a.> °J o a~ E E m D_-O .E U 0 U ~ O) Ol N ~ N ~ ~ ~ O) ~ C _? U `o m E m O ac~aa U Q D_ Q N a` T U ~ c U C m Q m o~ C C C ~ m ~ 0_ m L m -c c~ ~' m E m c 'C "' m m y O G N O L n ~. 3 d ~ °1 c m .a N m - a i c-~o~ o ma ~ - m 0 o N m N in ~~ N Q p .O _ O O O m -p - "" N m - C F- 0 0 U p) U C (p m OI O O ~ U~ ~ O>~ = v o o m 2 N m . oia~ J a °C ~ nE"v i a m u' N ` m m m o E c d o o o m g a m v ~ a c U V _ U N N _m_ N N' C C U ~O ~ H O C N U T C m 'O m 0 0 m W ac p C9 ~ ~ - a m 0 o y a ~ i ~ o m m c E w N~ m E o O N L ` n '~ m m -. m a? o~ m U N >, N d U y m~ J ~p C m ~ C d >. m rL C O) N In 4) O y m v) L .~ 41 ' a d m o ~° 'a 4 ° ~ m c -O ~ ° - -3 m m N m c Ol O x U~ o ~- O m~ N T m -O c .... ~ S] m ' C c~ 6 . U_ t c '= m o -O a -m E °' °' o = c'_ °J aci m o Q °i o ~' .~ U~ m m C o f .o ~ E o w c ? o m~ O N c O IC c N a m N c s w m°= 0 m N o U a : .~ . : is N o~- - s 'o _ m d c o ~ o y m -O ~ ~ N c O U 0 0 > m 0 Q a m o m m ~3 m 'o . m m o i O V ~ c E O ~~ N 'U T U c m p U ~ t6 C ~ y (p m u> a c m a ami ~ L E -m ~~ ~~ co E ~ a ~ - o v m m~ o m e m to m o o i c ,_ ~ U 3 ~ O ~ a ~ o ~ ~ o w y m ~ O ~ C O !O O ~. m u~ m °O E O O Q ~~ m m o (n y° m . . . d Z !b O N C R m O N Q/ o N -- N c oa ~ o p X N ~ N - °~ ~ m m a ~ c 5 v E E ° ~ m ° °' ~ U Vl C ~ Y o d y ~ m E'o a V h $ ~ ~ ' -o -o a w ~ c C N ~ y m N O_ V d a ` ~ O ~ U_ U ~ ._ N . m a n c U E O U O ~ ~ !n E V m 0 m O- O- N •n 75B-45 a in Y u~ G W m C C 0 U N c O O d U O `o co a`. U U ¢ U N a` U a C C O N Q OI ~ C C C - ~ C ~ J am U ~ c t6 U N _ a ~ N O ~ V) ~° `o ~ ~ c O c c V . m c N o ~ N d ~ C N ~ s n a F- ~ C N c O ... O -- T C ` L d N N ~ ` x C p N O ~ U N U N N rL 3 -C Q C o d N 0 m ~ A - O a ~ N a C VI N d ~n E c a°i a °- ° O N U °_ N O O m ~ m c N d ~ N _ o Vf a a ~ ~ ~ m m ~ °_~ i ~ -~ c ~ E ~ m L ~U d ~(n N C a c U ,,, N p v N j c O u a _ ~ d d ~ ~ £ ~ o Q ~ 3 m a Z u A ~ o N .a d ~ d O `d U -0 o ~ ~ L N n ~ -o ~ O _ U O N ~ m > V V d y i CJ ~ C A (O N m d > d P V E a m 3 0 m c m c m c m c ~ ~ N _ = ~ ~ O U O N !' U m +J E m `a a ` c N c ~ o a a a ~ U ~ U c U Q Q Q ¢ N N O ` O a a U U a ~ a ~ OI ~ m O1 C C _ a _ C a C fO "_ ~ j am am m e ~~ a~ - a~ m m ~ c t o v N~~ m U m ~ U in m a c `o ~ c o c ' Y m m m Y o -~ . E m - o E_ m' m ` - d o N~ a to U T d 0 ~~ o L~ [O O Q N O N j Q L y !A ~i N VJ [O y .O Y ` L -O QI ~ C ¢ s ~ ~ ° L N d ' °` - ~ °' c ~ min E m _ ~ m a ci n ~ o E E E t° ~ m~ ° N c E o ~ E o a i O O H ~~ o~ c (6 ~ VJ o~ E O m O 0 d' c N N y (O c tpii d m O d r O o - a~ Q L .. o °- K ° E ° C l0 O O V~ a - O c T w ~' N c C Q~ `o_ Y S T N N L~ O U .~ c N N~ ~ d •' c ~ d N C a O a ~ ~ cO ~ (n V) ~ w TN C•V yN cd -a R _m U 1O c ~' v ~ a v ~> m ~ No c °~ ~ co E E o adi t6 0. a i a i ~ E a in ~ o a~ ~ c d m E ' 'a E = m ~ co c iii °' c d > ~ ~' m o~~ E o o w e d .~ ~ m c c m m = 3 ~ a E ' m e v ' N o m m ~ N ~ ~ cp -p y a ~L m O `~ ~ o C L c C O S O ry N c y ~' O d p N a .. o t O [O . E . tO O O " « U N C N 0 - N _ _N ~ O C Y .. d C C C U ~ d ~ O r a ' C O N~ p C a a c ~ m= ~ fa C ; N N d ~, O N 0 V) 'E C N O E O m t ? m ry c o ~ N ~. ~ L m E (O d m L L C N C ~a m: U- c - [O ~ [O °' oo pgLO~ °~ . mam ma . O ~ m m v O ~n ~O a Y 2 0 °o N ~. co .- c ~ S ' c y a~ e ms. d o m lc :: c c i, c w 3 m o c m ns E c c m y -° -m V) o m a 3 E~ m 'm ° p °' c a s m a E ~ y o o U N d U -O L.f m a i N a G~~ ~- o ~ U O C a T N p fl 'O ~ d N d A _ ~~ O` N O d N m O` N ~ m c ~ ~~ U N N ~ Q ~ o- c L a z ¢ ~ m aci ° .E o- o- -°o ~ E y -mm ~ ~ ~ °~ ' m a z ~ N > c (O a N L L a N N Yp ` > ~ ~ ~ °' ~ Y m a i a ~' C ,J L O~ w O O ~ m 0 p~ N O O L X O ~ N C (6 I' c 3 a -~ y p V °~ I L C O d N N y N I N 0 y ` C~ O OI N ' C O I. d 0 p a c O N O O d m ~m t0 m c m . I, E d e L U N 0 L I. O ~~ 3 N Y O O m 0 0 O '~ L O N d N w L ~;.j VJ U T O p U I. ~ ~ . C C ~ S] m a U O C C d Lt N ! Il V O- c ~ ~ Q O N I ~ d ~~ N t~ (O a s O a N w ~ ( p E~ m m ~-m E o 0 o m m~ d c 75B-46 y d cX LW W d '7 M W U U m ~ ~ c a m J 'C C Q c m ~ ~ _ O) N.n m m c - d N o _ c 0 0 ? ~ o 0 U ~ ~ ~ N ` _ Q j~ E T O U R O C O O a ~' . oo U U E `o W LL U n- U C m C ~° U c U ~? a N d a D_ C m Q Q ¢ ~ O] N U O C C ~ O ~ _ m ~ a. d a m ~ U N d 1 a C N Y N a U D ~ of U `o ~ ~ ~ ~J ~ ~ CJ U LL C ¢ ~ as U C --O m o '¢¢ ~ - ~ m¢o am LL a a `O a m~ O p N N ~ m U_ N U O N N > a O 0 U N O N N~ T C~ O o a. N 'a - m c ' a~ ` LL o °' m c E m~ O ._ L O - o L 3 E U > o Q1 C O - m o m C E m N U ` L L O .~ w O a T Q m m m i ~ y ~ m~ o' S o a a h~ ~ y ... d ~LLO D dLL m~o L ~C N ~ ~ ~ o m _ s m -m ~ _ aci m o O m .J N . L - o o o i a Y o ~ a U n ~ a~ ~ a~ a m .~ =o m~ 3 m m - . 1 G J " C -O t C_ N N N L y N '~ p Q QQ O O~ Q Q m . ~~ -~ ~ a O c O L ~' E~ L m O m 3 C 0 ~ m o • iii v ii ~ m o ' .. w ~O >. In v m m v c a m o a~ ~ 3 1 ` ro o~3~ N ~ c~tE ~ c o ~EcN ~ ~ Z ~ T O ~ H N N C N C G U L m ° m 2~ N o °O .m ~ :` `m m 'o c ma W m c o E c E N Ul C T a i ~ V O m 0 r v U .. ~ m c a o _ .-- O m c m O ~ O_ ~ c ~ ~ °i ~ ~ c _ o ~' ~ 3 m ° c °~ o a 5 w y a`~ > m o _ E ~ o 0 + ~ 0 a m ~ m y o a o ~ LL ` 0 is L 1i E E O m aai m o `o m ~ E o ~ a d w Tuna u '~ .- c m o... ~ >.~ o o ~ c c ` ~ 'S O C ~ ~ D- ... O d U m m . m- C m m .`., o C Q N c Q ` ~ J O ~ d m ~ O ~ m 0 m~~ ~ w o. v . N ' ~ Q o_ a ~ m m N m o ~ ' o ~ ° fn c T c ~ 1 N Q .L . m o U 0 0 ` _ N o v' U _ . - o LL - >,Q ui ~.. .- U o m a m U d> N ~ m 'L A L L .N L N T ~ O1 [6 O U~ N ~ N U S ~ l` ~ L N O) > ~ o w c o !r' E > a ~ ~ ~6 ~ ~ ° ~ ~ " E L . iS m m ' m > c ~c v ~ _ o m m > 3 d ~ m ~. a c o a~ a> m o- E m m _~ ac ~ o y m c , ~ ~ c E Vl c a c < N p _m a = c 3 < °' ~+ N O a O c N ~ ~ C N p O~ h m N T v c m O m d a ° y E O o a o ~~ O m ~° ~ 3 aui -° >. m . m - o > ' c ~~~ o ~ E a m m a ~.. -. o ~~ a t ~ o 0 Q m ~ Q uJ o~ ~ d o Z Q rC OU ~L-- w rLi~ m m `a `G D m> E d Z O +J N N L ~ >. T N d OJ .J ` N C C d m rn co ` n a o - a C C N N C O O P ` °- a N N N U U ~ E E a ~ o ry a _ U m m m ~ U a O m E O ~ C O U O- a L o U ~,o m e o m m lii m T 3 iri a s a cn c p~ `o n ~ a c o 0 -_ N m ~ [ m m ~n ~ V a C am~ m J a ~ ~ o-m n E ~ c m ~ E e o n'3 ~ a>i 75B-47 0 d U C m o `o E a` a C D D_ Q N O d U a' m C ~ O O C m E m ~ y c m a m'E c ~ w ~ ~ m w T °' _ . . E - m >_ m L `o o ~ U ind ~a o ~° m c 'n o ~ ~ LL _ U Q m ~ J ~ a d m C M m N > ° a o~ o ~ ~ a m a N m a Z d y . ~ m ~ ~ ~ o z a ~ 0 3 m g o ';~ >. a y °'c~ c :- E o a~ ` $ ~ °° E c i a a i C O m ` _.~ N `m a E a°~ O C O ` A O ~ C O (n y C U IL ° O ~LL aa m r ~ ~ Z a e m d " ~ N 3 ~ E -' = O E m ~ o m Q '2 to a cq O O m y 0 C ~ ~ ~ m .R . oaa ~ 3 ~ m oo m o ' w ¢~ c 3 ~', a~ a E U ~ O ~ o. 0 16 m d ~ - ~ ~ m a . E `o _~ . G m N U "rn r n 3 `o .m . ~ o c D ~ a~ d m T m m Tn d d O N L 2 EL-. "> 3 a CW Q GI W is U `o qp U N { F[ m E ~ N N d O O1 C O -O m a` c~ c U y1~ d d Q N 0 a • ~ N J a o a> m o m~ o ~ E o~ o L C to L... L O R O -O ` d 0 'O ~' N C B O N "O N N J N 0 o y~ '~ ° ~° m m w R-' c °' ° a a E S E c o ' ~ m E 2 E m `` o m r 2- m m~ o ° ~ o. N c °' o m ' ' J N o ° m ~= N d m o > N N ~ :n c o - - O o - a n m ~ a i >. c m~ m U U a 0 ' > 3 m m~ ~ t E c m~ ~ i ~ ~ m a -c -O ° ~ ~ ~;, ~ N c L ~ ~ o ~ o a ~° ~ -- c ~- m n_ Q ~ ` V ~ ~ V d N 'C N 6~ C N N O O ` d2i d N N N O • 1 Q N n c6 0 ° d ~ O A N C C O l4 pI y N a N L N ~ N C U~ ~ a u. ' H J ~ O E U n • D OJ Q N fO d L O _ N C 1 ~ N N N O R R ~ R~ ~ `t d 0 N` Q O O d N 'O ~ O] O_ ~ N O1 0_ ~ Ol ~ N E (O E U L o ~ J E m E ~- c w y ~ J ~ -O o c O1 rn ' w L N U= O c n O m ` _ ~ N O d m . ° ` . m 6 o~ ~ E z= o m m ~ ~ ~ m E .E E E a> m m 'D a~ ~' tD ~ o_ o -o ~ ~° c a r .~ w w ° -o mat a m °-' ` m ~~ d C E ~ O (6 L ~ »: a ~ C T d L U C ~ ~ N Ul E o o O) c o N y d ~ N x .x c 2 E o o~ ' ~' _ ~~ ~ a o °. v c _T O N N n N _N N O N •- N C N_ '° O N J C N N d~ - 4I 1 c .S ~ adi .N `o ~ °- h ~ ~ m o °i o ° ~ ~ m °_ ° N ~ o ~ y c m O L . m "' n o a .- i d E T ... .~ ~ .p O - O a °> ° E ~ m ~ i > a °° m c E °_ o " 0 O m ~ O> c6 - T d ~ L m 0 0 O N O . (O 'V d O O~ w° ~ c s U m c ~° L w ~ .~ v ~' m h o d °' _m .~ o U m o m v ~_ . . O ° N ~ N ' . C N a U G N U d E J ~ - C d cb N O ~ N c~ O N _ - ' ~ N N -O d ~ ~L.~ O ~ °° y ` o `l D CJ " O . r? C ° d a 1~ O ~ ~ U O [O ~ ° ~ v m °' E m C to o E~ v m ~ c - w d c ~ d ~ m . m m 3 °_ m N ¢ . - p 3 c o o r rn o = ~ `° p v ~ ° °' = a 3 ~ a .Ji> > °~ - ° ° " ~° o Q o F- m 3 o o Q 3 ~ m m - ° E m w o c y 0 C ~> O` O ~ L "> N N~ n~tD N L U O 0 ` w °~ `O ~ ~ a z ¢ ~ ~ ~' E ~ ° .E -o 'm ~3 a'~i a z m L m -° ~° a~ ~ a~ L C N L ° C O1 .J ... ~ ..- _ _ (6 m L ~ N c O . ~ d O1 U x '~ E ~ m L... h >,~ o ° ° m Jo n 3 Z~ E O1 N J O U O G N C n~ N v m E'E ~ ~ `°_-`o ~ m N >' ~ m m~ c~ c m O o .5 c c~ a' ~ J y N N O_ .- '_ O ~ E ` n m n.-o° m a'~i o v'i C O U O) .. C N C ~ o ~ U c U Q d Q N a` T U .O C C O ~ Q D7 0) C ~ c m = - J am m N O1 m 0 0 O N d N - N (O a N d O . .~ > .~ U N G1 O U N N 10 C U O ~ N a v c m N Q U ~ y ¢ rL ~ c m m m O w N N ~ O ~ L N Ul c 3 ~~ U ~ d 'O ~ N 3 x a~ U O ~ {p vNl OL.~ m n N m a~ v ~ ~ a ~' O 0 41 t6 ' Z E m a c ~W W d 75B-48 `o 0 O U U ~_. c m E ° E ' ~a J ~a g °' c ° °' o ~ m o m n`. (~ a C7 e c~ C n m U ~ c m U U ~p Q Q n o_ Q 4 V U N O •. ~ ~ O ~ >` U C m Q m m C C 9 'O N am U C -O m Q O) C ~ C C ~ C O m am w ~ .o ~ m~ ~ m ~ m m y o 0 p o= L ° co c°' s d y 3 'ln o `~ .m m E s a~ o E U c m -0 0 o m m ~° 3 ~ m ~ m ~ E Y r o °~ 2 m c °- c ~ ~ ~ E N m c (n d a ° a c `o -~ ~ c £° in ~ o~ -o -mo c E c =o r o 0 0 3 m Lm c m o o `- a c co t° ~~ a~i m 0 o m ~ ?~ rn °' o m o _. E' m -,-°- a`~ N c ° d `~ m o U [6 n la f0 d C ~ d ~ n C ° a i a i a - C U U .- (6 w~ .C U> ~ 'O N O C a L _ J U O m E C C~ U ~ C d >O m C U O _ N. _O O' U O O U C O rn 0 O t`O O" O N C N 6 tO .0. n~ C O N O m a E' - i a s c Q m ` m ~ o m m ` N - ~ o a a O ~ o L a`_' ' " ~ m L c a o O N m m E U O o U Ud m O m V i ' N U a> ~ m m` ~ J a 3 O p QL d s. N ~,., m ~ o C N O u o m o w o L n. J- n oU >. . ~ o n o m in ~~? E c aci en d m 3 m -o L 2 o c m °- °' >' c 3 J ~' m O O O L L w m N C a J T N a U C O O U O ~ N N d ( n 3 J .. C n C 'O O ~L.. °- C C U ~ U N m ~ d ~' . O o °- c a E a w °~ `m J ° ' ~, E O ~ o '~ t4 c m "~ a m ' m N > m o ~ ~ ~ c _ y ~ ~ m o w e i ~ o--a ~ ~ m w o- ~ ` 'a °~ ~ -y d `o J E ~ ~~ i, m e m ° m ° ~ m m w m > ' ° m s w `o m o ~ o- m - c n o N y ~ ' m ~ ' ? o . o - -~ -o m - - c E. c m '> a> > c s o m o m m U m r E~ m ° c°' d m c° 3 c m m m ~ `" > d o o c 3 N ~ ~ w~ N O - . v c w~ m E c . - i m c a i E ~ c~ ,~ 3 n c °' ` ~ _ ` 3 0 O c o C N a i E o U J °- Y .~ v~ ~ N a~ C O o C ~ Ul E c i o UJ T~ `J U m a` c V Ql N C Y C ~° ° o `-' ~° ~- E -~ .S ~ o Q o 3 w m c J '~ ~ J n C g~ o :... a~ »= o rn E n n._ ~ m 'N P: m - m c a n o 3 a E ~ V m -O °> o °' a ~~ o v a n c°1 N a m m~ ~ m j ` ~ m~ - O co = y ' ~ E~ °'~ O - o O O (n N O = A a~ ~ O J = ~ m o O v of O> c rn n O w `? c 4N E m m C C m a m m c L ~ y 3 , '- o a " o -O v m 2 c c ~m v, H m ~° ° °' m ~ n °' E ~ `" '° • , o a i C ` a i ~ o i a m ~' m m L c o m a m ~ m a o c°' ~ o o c o c a ~ E .c ' ° ~ m 'm °~ n vi - n o ' a Y m ~.°- s m ° ° . a' J _ ~O ,- ° - m° o . ° m 3 i a o m m c ~~ 3 t .m v _ ` - O a w ~ o E _ c o . v c a 5 C i c a m -O ~ ` m ~ m~ Y~~ m m m y m a y0 ~ ~ ` _ O N ' O m a N C d .N- m O ~ ` U N N ~n O O U C O N C o Ol OU In O OJ C J `~ 3 ~ U a C (O L. J a OJ -O d - p1 0 ` 0 u `" O) ` C C J m UJ m ~ - ~ ~~ ° v o vi i °- ° c - ~ o w o m ~ o a c m o - - in c h ~ . ~ m o a E < V o i~ N c ~ > o o N c t o. d 9 c t c n t a~ c o N Q [n O 3 m F3 a Y~ w in a m (n ~ E m ~ m U> .a.. U m~ o~ U a N ~ C L o ~ - c ~ ~ o ° . . . . . . . . . ~ ° 3 U vi C d O L :r •~ m T j a m ~ ~ O ~ L ~ N N m Z (n m N C vi Q 'o m ~ c 'o m ~~ m „ in o 0 75B-49 s n a G awn .cO C c 0 w 'u a t U 0 0 0 U _~_. U r_ U ..N~ N E ID E N E U y N y N y N '~ 'O O (n d N a N Q. V m m O C o~ O C m O C a- ` m C ~ `o ~ `o ~ ` o _ C ~ N ~ .n c m _ . ~ _ . > ` > a o a U a m a m ~ ~ U C N C N C N C N U_ U U U_ D_ D. D_ D_ Q Q Q Q U a U a U a U a O O O O ` a` a a a T U T U T U T U 'o a ~ a -O a .o a t0 Q N Q N ¢ tO O7 ~ O) ~ ~ O) m ~ C C C C _ C ~ _ C~ _ C~ _ C U _ ~ ~ ~ O ~ J a J d m d m d m d m N `T, -O a L N O) N N -O (O c O U ~ a a N L 0 L U C L- U L O_ ~ + .- .... O N_ 'O N ~ ~ d ~ . .- 0 ' -' ~ Q ~ d C a N~ L 0 D- p' X~ w . O _ _ J U ~~ a ' ~ ._ 3 a ._ c m w a a m~ m ~ U 'O .D ~ O L O a~~ O >. N O n N a U [6 3 N ~ O O N - O _ ~ a ~ a L N U C N O~ J _O L C W N N a N fA O N a VI V 'C O d C_ a C U O C L U c a c" m t o E m In J 'o ~ ~ L L a O O O m d IA G O _ _ Ol J f6 a ~ a (0 L o -o U w a- N_ C a C ~ o .w m m m -o m O O) O E - a ° 'D L al a U U C O o ~ (9 ~ L J . 1 fn N O N ~ . [O N .~ S] a E _ a o . w 3 c ~' m m o w c m _ m m~ . . a`~ x . U U ~ o 3 ~ N~ O~ ~ o ~ E E o¢ .. :c ~, c y a U m --O c E tO s U 3 ._ o- a~ c a 3 a m o a Q U (0 C C p a VI ~ ~ a n C ~j U7 N O~C~~N ~ . ~dG ~~ d~ C -C (O O p m a N ° ! O O in 3~ N a p~ C- C (p m ' a m a ` " ~ °D m ° ~ 'o E iri ~ O cn co o- ~ a ~ a J a = ° c ~ iii , ~° ~ , a ~ c ° N ` S o w m < °' -a° w w c a c ~ o o , a i m= m ' ~ - E o co ° E °' o m cai n m m ~~ v~ a~ QLa ~ v >. o r ~' ~ m d d - N ~ n N a i CO O O_ "O din ~ ~ Q '.' ' ~ ~ N ~ ~ O U 'O d ~ a a w a N ~ O' O C o a x c C N L ~' a- 0 0 (D r C -O C~ C a m ~ ~° " ~ °1 ~ m ~ ' ' c r `o a ~ °' s a`~ °o y m ~ E `o ° ° ~ ~ ti - _ o . 1 Q C O) O Y" N~ ~ O N O L W~ a> C p O >i U a~ Q ~+' O O IO O_ ~ O ~O U ' !O , p N a O a Z C O tom- 'O a - ~ a ~ m N ~ ~ O N ,i Y O_ C L 01 ~ L D.L N L U~ C J a 'D O a -O C 0] a ~ ~E ~ ~ ~ ~ 3 ~ ~ ~ w ~E ~ .O ~ m ~ d a N U a > O O vi _ (~ ..0 C In c o L N ~? 'O ~; .(J a o V) D- J O) [6 N p_ O C a T O J C O [0 N O S O) !O N a ~ N C J C ~p y a~ m o ` ` ~ N ~ d O L O p 0) j (O V C L -O C O a y O d N 'o o_ o_ N >, c ~ ~ u N d ~ m~ o °-~ ~ N m N~ cQ1 N E m ~ -o ~~ o O .> a a a a . c ~° _ O N a w m a~ o 0 m a p a c a -o i9 c o o ~ m N s a o o. E -o c a N o ~ ~ U c N m ~ in a o ~ a a ~ t ~ .c_ U a Z Q ~ axi oa m 'o m e m ~~ ~9 m e ~ In m d Z a a N m ' L ~ v~ O C O ~p t0 C 'p ~ O -O O ~ J "' O C ~ O N O T ?~ :N N .... _ o ~ U °' v °'o m O °' = a~'i O C U >~ p_ a x~ N ~ a m N ~ d N N ~ ~ L L N d Y m °a o `" ~ x ~ E a a i ~ a` i Q 75B-50 d pC N W 9~ cX G CD W Q a o ~ ~ I `o ~ O Q C w tao O M C LO ~ 2 ~ a iq ~ d n m a ~ U ; 0 C N C w C E ° m a m N >` U V) d [D (/ ~ N d ~ Q a o c m E U > O U -O C N N O .~ ~ O"'p a`O am o Ea c U n a Q U N O a` T U a C C O N Q 01 ~ C ~ C :~ C -_ O am 0 O m N t0 E 0 0 U o a N N N n O H 1 ~ N ~ a h N a U E N N N . N ~ E ° a c a ~i n >, o ` C q N 3 c a o. ' a > > a U ~ ~ m C O U _ .- ` ~'-" E o U U d r C ~ C N (A O N ~ O ti U `D N ~ ~ N ~ o ~ ~ a z N E ~' m o L ?~ c o r ~ U D O N w ~ Cn caa ~° y 4 ° N N O ~ C O GJ ~' ry N ~ O T ~ C U O ~ ~ O N y ~;.~ 'o c± E F p `oa ~+ E m s o ~ ~ V a O- U y v °~ m U O O U o_ a o ~ ~ vi E `oac ~in~ N U U a o a c a m ~ _ a m m C U V O C f0 C p C Y O d [9 '~ m O a ~ m¢ Y U 'O L O N O) ~ O) T U C ~ C U to =0 C Y a C am¢~ m a U (p T O U y a T d T ~ O) V) N N a N ~~ L ' N m O N 'L-' O ~ d c aL.. ' L... O t = [6 C O y A N O N m -- Vl E C m .E N N E O O LL O C O T ._ N y7 c~ Q~ ~ ~' ~~ w o E w -? c m c y a A m y N h~ N in ~ U N.L.- N C _T C N C O_ N a U T S] E C fn C O _-O o c N N f0/1 7 U h= m m o m = ~o N a m~ -o° ~ a~i d °' m -m ri a a`> a E c E U~ E m Nat . - N m o E r ~ E a E ` ` E S N N N c a o m L m O- m N a ~° N o~ ¢ > °- a N E o . - a c o~ m N a a m- N a= (n o n 0 m o m ~ c m~ ~ n E Y m - - > ~ O a _ ~ as a~ N L N Q O O w N~ N ~E y D O C of E ~ [ o >' N N E C n N '~ v d O N ~' tD O a ¢` i aNL c ° n m [p .~ -~ aim N ~ N E p 2r >.= m N `6 yL... Tn '3 0 o L C ~~ a c N O m E ` ~ O U N N 0) 61 O to 0. - a N a a N ~ w C Q O ~ N N > a ~ N L E~ O m Ul L C N O C fn U D_ O d Ul O l ~ N~ 'LV V O v~ p~~ y~ O' ~ N .l 3 `o y ..... m m E m~~ L N C > N ~ N N E c D_ ~ OI N N V E o. C ~ m N - (O (6 N~ C~ w 'N o a c E °' E ¢ c _ ° `" . a i ~ v ~ o" i a m N o o v c d m " _ 3 m ` a 1O cv n~ `o t o_ E c o"'o o-o ~ °-. ~- i N 3 a o c ~- > ~ N o a '~- N ~ ~ cn N o- c ~ ~ o c~ o m o o ' aNi " m a i~ > w > E 'O .m - E o m ~ ~ ° a ~ _ N - t6 ~ c U ~~ N o m ~ c= o ° 3 ~- I m o N N m `" N N p n c U m a E N " a m o c° N ... ` w N ~~ aN-o O - N= ~ - m E c w o N m m ~r ~ L,,, N `° °- N c, o w ° c c a E N w .~ ~~ o o >, m F- n E c -NO o a`~'i m o n `m t~ mL h -N E ~ ~ ~ m ' o m ° c r c ~ ... O C n ~ E o . - N m N _ . O ` o H C N ~ ~ C ` y E ¢ p_ a E ~ a N a Ol 'L"' E [6 'Q C C O_ G O ~ ~ N ~ t p p V1 ~ ( ~ C N N N N N N~ p N o o'er N m .~ o `~ N°~ m ~' m~ O [O O U~~ O Q O Oi m~ N p Q N~ ~ ~ "NO d ¢ d~ Q ~ $ a...° N ° .E ~ ~ E E `o .E 8 `o `o - ° ~ U ~ _a O D a 3 O U o c o . m [O ° N Q ib a m-p E _ O C ~ _ O O N Ql VUi " >• ` .~ ~ v n °' m m _ •~ m ~ o~ m m N Et c m ~"x Y ~ N 75B-51 a -O C O L D7 ~ C O ~ N ~ O U_ ~ N ~ O O~ m N L ~O p N L ~ C U_ ~ m o 'O d . .. C N m 0 ~ E C N Y _. C .- C c ~° ` ° m y 3 ai E co m N a c H °- o m ~ ~ w e E - Q ' ° - c ~o~o a co= or ~ a o ~ o m `o a ~ a o ~ ~ a"i .°' m - a i c ' O N ° c ~ ° ~ . E ~ a > °~ ~ c w- > ~ _~ a i 3 m c ~ °- > u i c 1 ` - O a i °' o E -o ° a . m '~ ~ U . ° ~c a' o ~ ~ n m s - o ~ d a ~ > ` a E o a' T m ~ ~ = a~ d ~ o- m ° a~ a i > m° O a ~ a~ >~ o E ~ U > m ° ~ g m~ m E °-~ . .J O a ° ° o `° ° °- 3 ~ n d -o d °- c m m s y ~ a i ° ~ T m 'o - ~ d N C n °' ° N m- m m _ m O -O O N U L '.' ~ s N ' ` m ~' m ~ m v E c ~ a°i -° a L m ~ m ~ ° `o tO o :c = m ~ °' ~E ~ ~ . ~ m a ~ ~ o a ° E m a ° ~ °' ° `o UJ w ~ n m O o E ~ ° - w ~ c~ O ~ m - - 3 m~ • ~ _ ~ n N o L d ~ a m C d o m C 0 m n ~ 0~ N ~ T Lt m E Ul n a ~ 3 c m 0 a ~ - o axi o E T ~ E 2 c ~ m~ N n _ N o O T . 1 m~ m ~ a i N C a N C O O N m C~ i o ° O ¢J O O ~ m > m ~ °~ 0 `u ° E ~ a °~ ~ ~ ~ `o ~ ~° a~ 'o ~' ° c 9 U c FE = ~ -O tq E aci 'o ~ n n u~ E ° o ~ a> ~ n -o r > m a c a~ ° m m> m ° m m ~ m ~o .~.. ~ L m ~° C L m O U c N .`O N .J L O ° N O d ~ ... N ' O ~J N~ ' ° n U 3 ~ m N ~ d m UJ n '°^ N ~ C O ° E m a i ~ o ~ ~ c a i d °' o - d a w m Ft -o ?' ~ ° c m -o Q n o a i ~ m ~ a ~ o_~ . o o m ° ° .o ` m o ~ ,La a a~ a~ a ~ o > a~ ~ m a~ m c m c E n o s o ~° ° a ~ ° '-' m ~' ` a~ d `o E o m ~ ~ o n ° n v c a E m ~ E o °~ . > m T~ y ~. i ° ' ~ ~ ~ m m a ~ c ° ~ .n 3 c m ~ ~ ' E E ~ o c c A o c 0 0 E ~ 0 c - o m 0 y ' w L Q O) O P ~ >~ o O c m O I L c -- m L C o c C N ._ m> m .m > E o ~ ~ a °o °~ R _ p ~ c o m L O Y a m y C n~ 5 3 m °~ ... O '_' _~ ` -O Q °J `~ `n ~ O ~ m w ° ~ N N ~O ~ C C " C = N d O ~ > L O O ` ~ N ° ' o O N mL ° ~ a > ~ ° ~ S ~ E o ~ m ~ a ? V , °~ ~ - -- a i C y n m -O L~ w C y L O CJ U O O O 01 O C om J [ E~ L~ N N L d O> (n m C .(/f =~ (n ~ O N N O L N N L_ ~ N d p Vl E ~' U ~ O lA > >. p- r n = ~° m m ~ ° E o 3 E E> E> 'o ` = o m o E ~° o - o >. `~ c E . - a v ~~ ~ >cV o ~. mO . E o > m r - nn ° ` m m w m o ° m ~-o ° ~ U m m a> n° ° m o T rn a~ n ° m m , o> n~ ~' o c m ~ o w m 0 o a`> o ° ° ° ° ` m E m N m ° a~ ~ o E o w ° E w ` ° ~ c U L n> n~ - o- m n o o c ~ a n E ~ m m m a.` n._ y m m =c c~ y o O m ~ ° 5 m d i H~ a ~ H R i H `a - a m 3 E a - H Y ° a` d ° FL- ~ H= m ~ ° H~ H o m n .o , w o m o . m A n n Q o w. o n m o n id j Z d C N T W Td O d N 9 d X W W O 75B-52 C W a w U o m ° °' o C~ T C~ T ~ y N C N N C ~ O N v ° m E ° ` U U C N p. O H O O O O ~¢ N a ~`o a ~ o o EY m c U Q Q¢ U N O a c U Q Q U N O a` y Y 'O U ~ > a Y Y Y U U U L a L a a n. m C ~ E O TC N l N ~' N d L m U C ~ v'O N U L!~ N O m _ C~ O) O~ ' U _ 'O r UJ '~ L C m N > c N C 'O^ [6 O N Vl T m d 3 (Cp C y ~ c rn ¢ O m ' ~ / N .r0 ~ O ¢ ~ >i c c .- O m ~ ` O d E C~ a ~ O O m O N C N p_ N ~ >. N 'y m ' 0 m IV U m- > J O ~,,, c ~ o ~ E ~ n m ~ -~ O ~ ~ ~ m o ° m . ti i a _ ~ o ~ c ~ ~ ~ w ~ ~ o ' o o O ~ `" L E ~~ m ¢ E aE ~ m -o ~ c d N `a .- O v y d N C o - - U O d . -. ~ N d m m C o d 9 i ~ L-' c ' p m m 'p N i N L l C [O ~ ~ tO N ~ Q C > L - "O C~ O O E O ~ _ V) ` N ° T¢ s N . . ° c O 3 O ° ' C C p- ~ E c o i ° a ~ a i _a n' ~ i _o ~ a c m o E m m c ~ ° E m ` ~ E o .~ E ._ L o° o. O o~ m E~ m~ E m °' ~ a i v o m E s " ` o ¢ ° E~= o o m° y c ~ x~ s L> n Z w vi c a a t ~ ~° U E N ~ ~ d O "O N m O m y y 'p L ~ Dl .m C O m¢ O ¢1] m p ` N U y N T O V -p p -p L C • 1 ~ ~ O V T L L } ¢ `J Y l4 ~ ~ C QI ~ `i _ U ~ ~ C~ ~C d m O l V1 d c m ° _ ` E 9 3 _ a°i 'o E °' 3 0 or ~~ E c° o a i m ~ /+ -mo i, Lm m y E a N m -. ° ~ °' ~ O ` m "~ a `o ° iii ~ E `? E m a~ g o o? c o m °' ° c c o ~ u > c y v N a E d d ¢ ~. d L V) ~ ~ -~ m c d¢~ N N o c E a i m E g U d C m ¢¢¢ m U N ., . 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N N d O N N .O E O 9 ~ O = m ~ N > m` L U G UJ ~ L O ~ .0 m 0~ C 'O ¢ E d C O ~~~ ~ N 4l N U~ m N O N Ul ~ C ~ U~ Ul ~ V~ LL" m ~> O t~ m C p U _U O ~` ~ O y y i ~ r y° E E~ ° m `° c `n a m LL o ~ c m n'om` >o E g v' " s 3 a°i N v m m>>~ ~ ° rn °N ' o ~ v a~ m° ~ _ ~ ¢ m 3~ y a 3 °- In w > ° N v , a o E ~~ o 'o a' m m c m i - ~ ~ L _ E m y a a m n L o_ a i m I -' = H m ~ ~~ °~ ~ c m a° O ~~ o voi ~ m m - 0 0 0 o m a°i E U ~ ` C i N ~ c ~ O N N O .O ~ U] (n V) N ~ 0) O> 0 1 N~ !D O N m 19 n > ~> U > N ~ om' c a ~ c c 0 ~ Ya ~ ~ o ~ - ~ ¢ a o d m a~ o ¢~ a m o ~ . m ' ~ c m . v` a ~ .- O m~ m c m Q U U Q ° o m m y U E m a~~ `. ~~ a p m m ~ ~ ~ h x m o a ~ i r t U m • d ~ ~ ~ o i to ~ ~ a Q ~ a E H • • • • H O ¢ 'O L N N = O > U - o >~ ~ ¢ c o_ - ~ y ¢ C ~ m O O U ~ C H O V ~ C N O U ¢ ~ - ¢ of O ~ C N p ¢ N O 3 y ~ -o E v v N m a m a~ oa m m ¢ '~ O O C E -o m a m `¢b W C mQ C in s U 75B-53 c m O O ~ y « ~ m N a 01 rn T ~ m ,f m ami 3 .N L a ~m C U O N t` d N .~ Ol E L m N ~ ~ ~ C -O j Q O ~ p E o ~ E Q p ~ O U > ~ ~ O ~ o r °' -° E 3 n Q t Y ~ ~ " O C V O 3 r O ~ ~o m r ~ m . 0 3 3 0 L ~ ~ s m m o` m U °' 3 0 m ~ ~ o L = d °' L G C ~ N N p ~ Ta C 0 ~ N U ~ N T n ° m 3 m L `o E ~ `O N - a O m T N N C w p o v ~ c O N m L m x ~ 3 a~i O E ml c 0 m Z E ~N a N Q '~ a N m o `o U ~ U N _ ~ E _ m E O ~ y 0_ O ~ N d O ~ O QI O ~ O -0 ~ ~ C ~ am am U U Q Q Q Q U U m m O O d d T U N .O C ~ Y O C (O ~ O) U E C C ~ ~ O _ O C ~ d m L O C U '- O O _ ~ -~ O ~ - - ~ > ~ N ~ N m ~ d U O d O C ~ Q ~ > m N m d ~ e T O E m m 'L' y v m m O m O ~ C N= an d m m ~ a m ~ Ol .L - N m t O C c o c o~ c m N O O -O U ~ U C V QJ ~' ~ 07 v N O d N N m 3 d N [O N O m m ~ ~ ~ ~ C ~ ~ r ~ m to O C N p N m . m 0 N w N fn ~ C U C m~ o ~ ~ d ° ~ m c o E d ~ iil d m L O" ° w iii d O (O lp y C O ~ N ~ C O O E v~~ ~ O A A m ` E 16 _ E' V 'D O N o w m ~ m ~. m ~ a ~ m ° `. d s 'n v E o ~ ~~ ~ c m m ~ `" f9 ~ ~ w c ° °' a~Qi d _°- c 3 m ~ c - ~+ E ~ O ~ m -~ c O O s ~~ ~ W e ar ` ~ c m 'n a °' E ~ o ~ F- m O .~ ~ m y Q - ~ c~ m o ` ~ E c N Q ? m U r ' N ~ c d ~ .~ i ~ ~ c d a p ° m L c es o s y m i y ~ a~ m g : m v u c E > > ~ a i ~ m ~ °' m a z° a ~ °O a ~~~E~ a z° '~ ~ O U 0 N C m L U C C d c m d w - d ~ m m o m ` ~ U 3 ~ c c c c In 3 m ~ E o o `° ° N o N - C E N C U ~" .U . - a O x 3 i ` f0 v N a O - a -° 2 0 2 ~° m E ~ . o ~ E o 0 ~ _ -a ° ~ o c o m m m ~ o c E U m 3 U o m~- v ~~ ~' i~ m m ~ a w ~ m~~ ~ m LLf O C U O N ` U C C'J C ~ Y~ (d C 0= U N v ° .v m ~ m E ~ v tO -- o= c °- y E " m a~ E ~ min 3 P' o U c o i ~ w `~- >,m ii a`Oi' '- °'-a E d E m O O m m O C °- E m U m rn C ~U O C S N U 3 Y c m r ~ d~ m ~° U m d 7 d c m 75B-54 METRO EAST MIXED USE OVERLAY ZONE Findings of Fact/ Statement of Overriding Considerations Prepared for City of Santa Ana 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, California 92702 Prepared by EIP Associates, a Division of PBS&J 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 February 2007 ERHIBIT B 75B-55 75B-56 Contents CHAPTER 1 Introduction .............................................................................................. .............. 1-1 CHAPTER 2 CEQA Findings ........................................................................................ .............. 2-1 2.1 Intxoduction .................................................................................................... ................. 2-1 CHAPTER 3 Findings Regarding Project Alternatives ................................................. ..............3-1 3.1 Introduction .................................................................................................... ................. 3-1 3.2 Project Objectives .......................................................................................... .................3-1 3.3 Selection of Alternatives ............................................................................... ................. 3-2 3.4 Project Alternative Findings ......................................................................... .................3-2 3.4.1 Metro East Mixed Use Overlay Zone Alternatives (Pxogram- Level) ................................................................................................ ................. 3-2 3.4.2 First and Cabrillo Towers Altematives (Project-Level) ............. .................3-6 CFIAIrI'ER 4 Statement of Overriding Considerations ............................................................... 4-1 4.1 Introduction ..................................................................................................................... 4-1 4.2 Unavoidable Significant Adverse Impacts ...................................................................4-1 4.2.1 Metro East Mixed Use Overlay Zone Alternatives (Progxam- Level) .................................................................................................................4-1 4.2.2 First and Cabrillo Towers Alternatives (Project-Level) ..............................4-3 4.3 Findings ............................................................................................................................ 4-3 4.4 Overriding Considerations .............................................................................................4-4 Table Table 2-1 CEQA Findings fox the Metro East Mixed Use Overlay Zone (Program-Level Component) ......................................................................................................................... .....2-2 Table 2-2 CEQA Findings for the First and Cabrillo Towers (Project-Level Component)...... .....2-6 Table 3-1 Alternative 2 and Proposed Overlay Zone Chaxacteristics ........................................... .....3-4 Table 3-2 Alternative 3 and Proposed Overlay Zone Chaxacteristics ........................................... .....3-5 Table 3-3 Alternative 2 Development Scenaxio ................................................................................ .....3-8 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations iii 75B-57 75B-58 CHAPTER 1 Introduction This document presents the Findings of Fact and Statement of Overriding Considerations that must be adopted by the City of Santa Ana (City) pursuant to the requirements of Sections 15091 and 15093, respectively, of the California Environmental Quality Act Guidelines (CEQA Guidelines) prior to the approval of the Metro East Mixed Use Overlay Zone (proposed project). This document is organized as follows: Chapter 1 Introduction to the Findings of Fact and Statement of Overriding Considerations. Chapter 2 Presents the CEQA Findings of the Environmental Impact Report (EIR), including the identified significant impacts. Chapter 3 Presents the alternatives to the proposed project and evaluates them in relation to the findings contained in Section 15091(a)(3) of the CEQA Guidelines. The City must consider and make findings regarding alternatives when a project would involve environmental impacts that cannot be reduced to ales-than-significant level, or cannot be substantially reduced, by proposed mitigation measures. Chapter 4 Presents a Statement of Ovemding Considerations that is required in accordance with Section 15093 of the CEQA Guidelines for significant impacts of the proposed project that cannot be mitigated to ales-than-significant level. As stated in the EIR, the Metro East Mixed Use Overlay Zone is a land use plan that guides the physical development within the boundaries of the Overlay Zone. It is not an implementation plan, and adoption of the Overlay Zone does not constitute a commitment to any specific project, construction schedule, or funding priority. Rather, it provides fox an alternative to existing office and commercial zoning designations in an area that may result in mixed-use/residential development if property owners wish to exercise the provisions of the Overlay Zone. Each development proposal undertaken during the planning horizon of the Overlay Zone must be approved individually by the City of Santa Ana Planning Department, the City Planning Commission, and the City Council, in compliance with CEQA. Therefore, the Metro East Mixed Use Overlay Zone EIR is a program-level environmental assessment that evaluates the effects of implementation of the entire Overlay Zone. The environmental assessment for the Overlay Zone is provided in this volume (Volume I) of the Metro East Mixed Use Overlay Zone EIR. As previously described, preparation of the Overlay Zone converged with a project-specific proposal, First and Cabrillo Towers, to provide a mixed use development on the northwest comer of First Street and Cabrillo Park Drive. The proposed First and Cabrillo Towers development is described in detail, including the project-specific environmental analysis, in Volume II of the Metro East Mixed Use Overlay Zone EIR. With respect to other individual development projects that may be proposed during the Croerlay Zone planning horizon, Section 15168(c) of the CEQA Guidelines states that subsequent activities should be examined in light of the Program EIR to determine whether additional environmental documentation must be prepared. If a later activity would have effects that were not examined in the Program EIR, Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 1-1 75B-59 Chapter 1 Introduction subsequent environmental documentation must be prepared, consistent with Sections 15162 through 15164 of the CF.QA Guidelines. If no new effects would occur and no new mitigation measures would be required, the subsequent activity could rely on the scope of the environmental analysis provided in the Program EIR, and no additional environmental documentation would be required. As the proposed project involves a program- and project-level component, each component is discussed herein. For ease of understanding, the program-level component will be discussed first in the adjoining chapters, followed by the project-level component. 1-2 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-60 CHAPTER 2 CEQA Findings 2.1 INTRODUCTION This chapter presents the potential impacts that were identified in the EIR and the findings that axe required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for each significant and/or potentially significant adverse impact axe as follows: (a) Changes or alterations have been required in, or incorporated into the project which avoid, substantially lessen, ox reduce the magnitude of the significant environmental effect as identified in the EIR ("Finding 1"). (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency ox can and should be adopted by such other agency. ("Finding 2") (c) Specific economic, social, ox other considerations make infeasible the mitigation measures ox project alternatives in the EIR ("Finding 3"). Table 2-1 (CEQA Findings fox the Metro East Mixed Use Overlay Zone (Program-Level Component)) and Table 2-2 (CEQA Findings fox the First and Cabrillo Towers (Project-Level Component)) sutmnarize the significant unavoidable impacts of Volumes I and II of the EIR, respectively, as currently proposed for certification and adoption of the proposed project. Additional facts that support the findings axe set forth in the Draft EIR, the Final EIR, the staff reports to the Planning Commission and City Council, and the record of proceedings. 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E m n d m 'h a"i v~$ m N c 0 m N pc U C D O 0 C N E R FJ l~ O a C W d C N N 7 Y N N W O c~ L N CHAPTER 3 Findings Regarding Project Alternatives 3.1 INTRODUCTION The EIR prepared fox the Metro East Mixed Use Overlay Zone considered two separate sets of alternatives. The first set of alternatives addressed the program-level component of the Mixed Use CWexlay Zone (as part of Volume 1 of the EIR) and included three altematves. The second set of alternatives addressed the project-level component, also known as the First and Cabrillo Towers project (as part of Volume 2 of the EIR), and included three alternatives to that component. Pursuant to Section 15126.6(a) of the CEQA Guidelines, the primary intent of an alternatives evaluation is to "describe a range of reasonable altematives to the project, ox to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid ox substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." This chapter describes the project objectives and design criteria used to develop and evaluate project altematives presented in the Draft EIR. A description of the alternatives compared to the proposed project and the findings regarding the feasibility of adopting the described altematives is presented for use by the City in the decision-making process. 3.2 PROJECT OBJECTIVES Implementation of the Overlay Zone is intended to fulfill the following major objectives: ^ Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. ^ Facilitate well-designed new mixed-use development projects that combine residential and non- residential uses through innovative and flexible design solutions. ^ Achieve the harmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment. ^ Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy- conserving building materials, and landscaping designs that reduce water consumption. ^ Create highly-amenitized streetscapes that provide items such as landscaping, street fumituxe, niche or linear parks, passive and active water features, public plazas and courtyards, public art and public transportation shelters in a design that integrates the public realm with the private development and serves to create a distinct identity for the district. ^ Provide for adequate buffering from the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways. ^ Create ahighly-integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. ^ Provide for active street life through the inclusion of dedicated pedestrian-oriented design and active uses on the ground floor at strategic locations. ^ Provide fora mix of housing in order to encourage a continuum of living and a variety of household types. Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 3-1 75B-67 Chapter 3 Findings Regarding Project Alternatives ^ Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. ^ Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that axe creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. ^ Facilitate project designs that encourage adequate amounts of retail ox commercial space to service residents and/or employees within the development and the larger Overlay Zone. ^ Allow fox the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high-quality stacked flats. ^ Provide adequate access fox public safety services. ^ Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private-market success. 3.3 SELECTION OF ALTERNATIVES The range of feasible altematives was selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that were taken into account when considering the feasibility of alternatives (as described in CEQA Guidelines Section 15126.6[f][1]) were environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of project objectives. As stated in Section 15126.6(a) of the CEQA Guidelines, an EIR need not consider an alternative whose effects could not be reasonably identified, whose implementation is remote or speculative, ox one that would not achieve the basic project objectives. The analysis includes sufficient information about each alternative to provide meaningful evaluation, analysis and comparison with the proposed project. 3.4 PROJECT ALTERNATIVE FINDINGS The following is a description of the alternatives evaluated in comparison to the proposed project, as well as a description of the specific economic, social, or other considerations that make them infeasible for avoiding ox lessening the impacts. The City fords that the adoption of any of the alternatives to the project is infeasible. The reasons fox each fording axe provided following the description of the alternative, and axe further described in the Draft EIR. 3.4.1 Metro East Mixed Use Overlay Zone Alternatives (Program- Level) As shown below and in Chapter 5 (Alternatives) of Volume 1 of the Draft EIR, four alternatives were evaluated in comparison to the Overlay Zone. The environmental advantages and disadvantages of each of these alternatives are described. The alternatives that were selected for analysis include: ^ Alternative 1-No Project/Reasonably Foreseeable Development (Continuation of Existing General Plan): Under this alternative, development in the project area would occur under the existing General Plan and zoning designations. ~2 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-68 Chapter 3 Findings Regarding Project Alternatives ^ Alternative 2-Higher Intensity Commercial Project: This alternative would permit a higher intensity of commercial development and a corresponding decrease in residential density for projects proposed within the Overlay Zone relative to the proposed overlay plan. In general, this alternative would reduce the number of residences and increase employment opportunities as a result of more commercial/office uses in the area. ^ Alternative 3-Reduced Project: This alternative would allow development at a maximum Floor Area Ratio (FAR) of 1.25 for each developable parcel within the Overlay Zone without a consideration of the residential density (du/ac). The anticipated mix of commercial, office and residential land uses would be identical to the proposed project, however, a maximum FAR ratio would be established that would limit development potential. Under this alternative, there would be no differentiation between different areas (districts) of the Overlay Zone. ^ Alternatives Considered but Eliminated from Further Evaluation As the Overlay Zone is designed to guide the development of a pazticulax portion of the Ciry, an alternative site would not be appropriate as an alternative to the proposed project. Other land uses such as complete residential would not achieve the objectives of the proposed project and could result in incompatibility with adjacent land uses. An all-residential development would not attract a wide range of activities to maintain a dynamic environment for the Overlay Zone or promote the image of a gateway to the City of Santa Ana. Therefore, these alternatives were rejected from further analysis in the EIR because they do not meet the objectives of the proposed project listed above. Finally, under the no project alternative analysis, there is no discussion of a no project alternative with a freezing of conditions (i.e., no development). Under CEQA Guidelines Section 15126.6(a), the no project alternative for a land use plan analyzes the continuation of existing land use plans into the future. Analysis of a no project /no development alternative is more appropriate for analyzing specific development projects. ^ Alternative 1: No Project/Reasonably Foreseeable Development Alternative (Continuation of Existing General Plan) Implementation of the No Project/Reasonably Foreseeable Development Alternative would represent the continuation of the City's existing General Plan and zoning designations to guide future growth and development within the project area. The majority of the Overlay Zone is zoned Professional. Fox this alternative, impacts would be analyzed under a maximum buildout scenazio within the project area with the allowed land uses and development standards designated in the existing General Plan and zoning designations. This alternative is considered environmentally superior in certain issue areas (per the CEQA Guidelines) but would also result in similar environmental impacts to the proposed project in other areas. Implementation of Alternative 2 would result in lesser environmental impacts than the proposed project with respect to Aesthetics, Land Use, Noise, Population and Housing, Public Services, Transportation, and Utilities and Service Systems due to the lesser level of development and/or changes to existing land uses that would occur within the CWerlay Zone. Impacts with respect to Aix Quality, Biological Resources, Cultural Resources, Geology, Hazards and Hazazdous Materials, and Hydrology and Water Quality would result in impacts similar to the proposed project under this alternative. Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 3-3 75B-69 Chapter 3 Findings Regarding Project Alternatives Findings The City hereby finds that the No Project/No Development Alternative is infeasible for the following environmental, economic, social, and other considerations: ^ Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. ^ Would not facilitate well-designed new mixed-use development projects that combine residential and non-residential uses through innovative and flexible design solutions. ^ Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment. ^ Would not create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche ox linear parks, passive and active water features, public plazas and courtyards, public art and public transportation shelters in a design that integrates the public realm with the private development and serves to create a distinct identity fox the district. ^ Would not create ahighly-integrated pedestrian system that provides fox connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. ^ Would not provide for active street life through the inclusion of dedicated pedestrian-oriented design and active uses on the ground floor at strategic locations. ^ Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types. ^ Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high- quality stacked flats. ^ Alternative 2: Higher Intensity Commercial Project The Higher Intensity Commercial Altemarive involves permitting a higher intensity of commercial development and a corresponding decrease in residential density fox projects proposed within the Overlay Zone relative to the proposed project. In general, this alternative would reduce the number of residences and increase employment opportunities as a result of more commercial/office uses in the area. Fox example, if, under the proposed project, 2,000 square feet (sf) of xesidenrial, 1,000 sf of office, and 1,000 sf of commercial space would be constructed, 1,000 sf of xesidendal, 1,000 sf of office, and 2,000 sf of commercial space would be constructed under this altemarive. Specific development characteristics that would be allowed under this altemarive relative to the proposed Overlay Zone axe specified in Table 3-1 (Alternative 2 and Proposed Overlay Zone Characteristics). ..~ ,.(aassPola~I:.: .._._ _ Gfoss -1Iaf 'FtilmUei fGdt.. Resldentfal lktE R~ld~llkdTs t> RLNa1 RetaR Alternative 2 2,707 2,707 3,410,507 sf 690,339 sf 4,684,700 sf 4,372,414 sf Proposed Overlay Zone 5,551 5,551 3,410,507 sf 690,339 sf 1,275,440 sf 963,286 sf sf =square feet ~~ G V V V This alternative is considered environmentally superior in certain issue areas (per the CEQA Guidelines). Implementation of Alternative 2 would result in lesser environmental impacts than the proposed project 3-4 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-70 Chapter 3 Findings Regarding Project Alternatives with respect to Population and Housing, Public Services, Transportation, and Utilities and Service Systems due to the change in mix of anticipated ]and uses that would occur within the Overlay Zone. Impacts with respect to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use, and Noise would result in impacts similar to the proposed project under this alternative. Findings The City hereby fmds that the Higher Intensity Commercial Alternative is infeasible fox the following environmental, economic, social, and other considerations: ^ Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. ^ Would not provide fox a mix of housing in order to encourage a continuum of living and a variety of household types to the extent of the proposed project. ^ Would not allow fox the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. ^ Alternative 3: Reduced Project This alternative would allow development at a maximum FAR of 1.25 fox each developable parcel within the Overlay Zone. The anticipated mix of commercial, office and residential land uses would be identical to the proposed project, however the potential on-site densities would be reduced to less than half that of the currently proposed Active Urban district. Under this altemative, there would be no differentiation between different areas (districts) of the Overlay Zone. Specific development characteristics that would be allowed under this altemative relative to the proposed Overlay Zone aze specified in Table 3-2 (Alternative 3 and Proposed Overlay Zone Characteristics). grass ruetwoent>el Grosses GtiossRitar ivetf+ AlesldsrplellAMs Resider~ailh^s~ Ofibe _~~ RefaA ! Alternative 3 2,965 2,965 2,387,361 sf -332,807 sf 819,326 sf 507,172 sf Proposed Overlay Zone 5,551 5,551 3,410,507 sf 690,339 sf 1,275,440 sf 963.286 sf sf feet Under this alternative, impacts with respect to Air Quality, Noise, Population and Housing, Public Services, Transportation, and Utilities and Service Systems would be less than the proposed project, while impacts related to Aesthetics, Land Use and Planning, Noise, and Population and Housing would be similar in nature and scale to the proposed General Plan Update. Findings The City hereby fmds that the Reduced Project Alternative is infeasible fox the following environmental, economic, social, and other considerations: Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 3-5 75B-71 Chapter 3 Findings Regarding Project Alternatives ^ Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. ^ Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment due to the reduced development intensity compared to the proposed project. ^ Would not create a differentiation between different areas of the Overlay Zone. ^ Would not provide fox a mix of housing in order to encourage a continuum of living and a variety of household types to the extent of the proposed project. ^ Would not facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Overlay Zone. ^ Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. 3.4.2 First and Cabrillo Towers Alternatives (Project-Level) As shown below and in Chapter 5 (Alternatives) of the Volume 2 of the Draft EIR, three altematives were evaluated in comparison to the First and Cabrillo Towers development. The environmental advantages and disadvantages of each of these alternatives are described. The altemarives that were selected for analysis include: ^ Alternative 1-No Project/No Development: Under this alternative, no changes to the proposed project site would occur. Physical conditions at the site would remain in their current state. ^ Alternative 2-No Project/Development Under Existing General Plan: Under this alternative, the proposed mixed use development would not be constructed. Rather, the project site would be developed in a manner consistent with its existing zoning and General Plan land use designation. This alternative provides an analysis of the type of development and impacts that would be expected to occur if the site were used solely fox commercial purposes, and did not include any mixed uses. ^ Alternative 3-Reduced Residential Component: This alternative would involve construction of a smaller mixed use development on the project site. This altemative would construct the buildings in the same location as under the proposed project, and maintain the ground floor use as commercial; however the height of each residential tower would be reduced to a maximum of 19 stories each. This would reduce the total FAR of the property from a 2.7 FAR under the proposed project, to a 2.5 FAR under this alternative, which is the minimum envisioned FAR in the Active Urban district under the proposed Overlay Zone. With a reduced height limit, the number of residential units would also be reduced from 374 to approximately 335. ^ Alternatives Considered but Eliminated from Further Evaluation As the proposed project is restricted, in terms of location, to an area within the Overlay Zone, an alternative site would not be appropriate as an altemarive to the proposed project. The number of alternative sites that could be selected within the Overlay Zone would be limited and restricted to those areas within the 200+ acre program area. No identifiable difference ox benefit in terms of environmental impacts is anticipated. Other land uses such as all residential fox all new or redevelopment would not achieve the objectives of the proposed project and the Overlay Zone and could result in incompatibility &6 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-72 Chapter 3 Findings Regarding Project Alternatives with adjacent land uses. All residential development would not attract a wide range of activities to maintain a dynamic environment for the Overlay Zone ox promote the image of the OverlayZ,one as a mixed-use community. Therefore, these alternatives were rejected from further analysis in the EIR because they do not meet the objectives listed above fox the proposed project. ® Alternative 1: No Project/No Development Section 15126.6(e) of the CEQA Guidelines requires the analysis of a "no project" alternative.' This "no project" analysis must discuss the existing condition, as well as what would reasonably be expected to occur in the foreseeable future if the project was not approved. Since the proposed project is a development project, the following from Section 15126.6(e)(3)(B) of the CEQA Guidelines is applicable to the proposed project:2 The "no project" alternative is the circumstance under which the project does not proceed. Here the discussion would compare the environmental effects of the property remaining in its existutg state against environmental effects that would occur if the project were approved. If disapproval of the project under consideration would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be discussed. In certain instances, the "no project" alternative means "no build" wherein the existing environmental setting is maintained. However, where failure to proceed with the project will not result in preservation of existing envixonxnental conditions, the analysis should identify the practical result of the project's non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment. Based on the above CEQA guidelines, under this alternative, the proposed First and Cabrillo Towers project would not be constructed. Rather, the property would remain in its current condition as a two- story office building and parking garage. No identifiable change in site conditions ox use would occur under this alternative. In general, no new environmental effects would directly result from the selection of this alternative. Maintenance of the project site in its present state would allow the on-site uses to continue. The site would not be developed with new commercial and residential uses, as it is currently developed as a commercial site, and no demolition activities would occur. Significant constmction impacts associated with air quality and noise would be eliminated. Further, significant and unavoidable impacts to transportation would also be avoided. The site would remain visually as-is, eliminating changes to the visual character and land uses on site. However, implementation of the Overlay Zone, introducing mixed use development into a core downtown area, would also not occur. As such, no significant and adverse environmental impacts directly ox cumulatively associated with this alternative would occur. Findings The City hereby fmds that the No Project/No Development Alternative for the First and Cabrillo Towers development is inferior to the proposed project because it would not meet any of the objectives of the proposed Overlay 'Lone or First and Cabrillo Towers project. ~ California Resources Agency. 2006. Cahfoxnia Code of Regulations, Title 14. Chapter 3, Guidelines for Implementation of the Cahfornia Environmental Quality Act 815126.6 (e). Sacramento, CA. 2 California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations (CCR), Title 14, Division 6, Chapter 3, 815126.6(e)(3)(B). 2006. Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 3-7 75B-73 Chapter 3 Findings Regarding Project Alternatives ® Alternative 2: No Project/Development Under Existing General Plan As mentioned previously, under this alternative, the proposed mixed-use development would not be constructed. Rather, the project site would be developed in a manner consistent with its existing zoning and General Plan land use designation. This alternative provides an analysis of the type of development and impacts that would be expected to occur if the site were used solely fox commercial purposes, and did not include any mixed uses. As mentioned in Chapter 2 of Volume 2 of the EIR, the City's General Plan Land Use Element designates the NDC Site as "Professional and Administrative Office" in the General Plan, and the zoning fox the site is "Arterial Commercial". Under the current zoning, it is reasonably foreseeable that all, or portions of, the NDC Site could be developed with private business offices, banks, medical offices, art galleries, ox other various professional uses and supporting services pursuant to Division 16 of the Zoning Code. The Development Standazds of the Arterial Commercial section of the Zoning Code have been applied to the project site in order to determine the maximum development potential, as shown in Table 3-3 (Altexnadve 2 Development Scenario). The information presented assumes that the existing parking gazage would remain on-site, and it would provide sufficient parking to meet code requirements. Under this scenario, the maximum development that could occur would be atwo-story, 311,122 sf structure. Setbacks Front Yard 15 feet Side Yard 15 feet adjacent to street, otherwise N/A Rear Yard N/A Landscaping 15 feet wide along property lines abutting street, except at approved driveways Potential Maximum Development Developable Area 155,961 sf Maximum Floor Area 311,922 sf sf =square feet This altematve is considered environmentally superior in certain issue areas (per the CEQA Guidelines) but would also result in potentially greater environmental impacts than the proposed project in other areas. Fox example, and as shown in Chapter 5 of the Draft EIR, Alternative 2 would result in potentially greater environmental impacts than the proposed project with respect to: ^ Air Quality-As the increase in commercial/office space could result in a greater increase in traffic, and thereby air emissions, impacts would be potentially greater. ^ Noise- As the increase in commercial/office space could result in a greater increase in traffic, and thereby noise levels along local and regional roadway, impacts would be potentially greater. 3-$ Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-74 Development Standards Chapter 3 Findings Regarding Project Alternatives ^ Transportation-Under this alternative, a greater level of commercial development could result in greater vehicle trips associated with the proposed project site, resulting in potentially greater impacts. Implementation of Alternative 2 would result in lesser environmental impacts than the proposed project with respect to Aesthetics, Population and Housing, Public Services, and Utilities and Service Systems due to the lack of changes to existing land uses that would occur at the proposed project site. Impacts with respect to Biological Resources, Cultural Resources, Geology and SoIls, Hazards and Hazardous Materials, Hydrology and Water Quality, and Land Use would result in impacts similar to the proposed project under this alternative. Findings The City hereby fmds that the No Project/Development Under Existing General Plan Alternative is infeasible for the following environmental, economic, social, and other considerations: ^ Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. ^ Would not achieve the hazmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment due to the reduced development intensity compared to the proposed project. ^ Would not create a differentiation between different areas of the Overlay Zone. ^ Would not provide fox a mix of housing in order to encourage a continuum of living and a vaziety of household types to the extent of the proposed project. ^ Would not facilitate project designs that encourage adequate amounts of retail ox commercial space to service residents and/or employees within the development and the larger Overlay Zone. ^ Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. ^ Alternative 3: Reduced Residential Component Alternative The Reduced Residential Component Alternative would involve construction of a smaller mixed-use development on the project site. This altemative would construct the buildings in the same location as under the proposed project, and maintain the ground floor use as commercial; however the height of each residential tower would be reduced to a maximum of 19 stories each. This would reduce the total FAR of the property from a 2.7 FAR under the proposed project, to a 2.5 FAR under this alternative, which is the minunum envisioned FAR in the Active Urban district under the proposed Overlay Zone. With a reduced height limit, the number of residential units would also be reduced from 374 to approximately 335. Implementation of Alternative 2 would result in lesser environmental impacts than the proposed project with respect to Aix Quality, Noise, Population and Housing, Public Services, Transportation, and Utilities and Service Systems due to the reduced level of development that would occur at the proposed project site. Impacts with respect to Biological Resources, Cultural Resources, Geology and SoIls, Hazards and Hazardous Materials, Hydrology and Water Quality, and Land Use would result in impacts similar to the proposed project under this altemative. Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 3-9 75B-75 Chapter 3 Findings Regarding Project Alternatives Findings The City hereby fords that the Reduced Project Alternative is infeasible for the following environmental, economic, social, and other considerations: ^ Would not aid in the creation of an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. ^ Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment due to the reduced development intensity compared to the proposed project. 3-10 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-76 CHAPTER 4 Statement of Overriding Considerations 4.1 INTRODUCTION Section 15093 of the CEQA guidelines states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, ox other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which axe identified in the final EIR but are not avoided ox substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agenry makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. The City of Santa Ana (City) proposes to adopt a Statement of Overriding Considerations regarding the potential unavoidable significant impacts of the proposed project. This section describes the anticipated economic, social, and other benefits or other considerations of the proposed project to suppart the decision to proceed with the project even though all of the identified impacts axe not mitigated to a less- than-significant level. 4.2 UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS The City is proposing to approve the proposed project, with reductions and revisions to reduce environmental impacts, and has prepared an EIR required by CEQA. Even with reductions and revisions in the project, the following impacts axe unavoidable because it has been determined that no feasible mitigation is available. Refer to Chapter 2 (CEQA Findings) for further clarification regarding the impacts listed below. 4.2.1 Metro East Mixed Use Overlay Zone Alternatives (Program- Level) Air Quality Impact 4.2-4 Construction activities associated with the proposed project would exceed South Coast Air Quality Management District Standards for VOC and NOx, and would result in a projected air quality violation. Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 41 75B-77 Chapter 4 Statement of Overriding Considerations Impact 4.2-5 Operation of the proposed project would exceed South Coast Aix Quality Management District standards for VOC, NOX, CO, and PM,,, and would result in a projected air quality violation. Impact 4.2-6 Construction and operation of the proposed project could result in a cumulatively considerable net increase of criteria pollutants fox which the proposed project region is in nonattainment under an applicable federal ox state ambient air quality standard. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. Noise Impact 4.9-6 Construction activities associated with the proposed project could generate ox expose persons or structures to excessive groundbome vibration. Impact 4.9-7 Operation of the proposed project would generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. Transportation Impact 4.12-7 Implementation of the proposed project would cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. Impact 4.12-8 Implementation of the proposed project would exceed standards established by the Orange County Transportation Authority within the study area. Cumulatively, the proposed project would also have a significant and unavoidable impact with regards to the above-mentioned impact. ^ Short-Term Impacts Of the seven significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, none would be classified as short-term. Because this document is programmatic in nature and would be used to guide future development and subsequent envixontnental analysis within the City, potential short-term impacts will be analyzed during specific projects CEQA review. ^ Long-Term Impacts Of the seven significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, all of the aforementioned impacts axe considered long-term. 42 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-78 Chapter 4 Statement of Overriding Considerations 4.2.2 First and Cabrillo Towers Alternatives (Project-Level) Air Quality Impact 4.2-6 Construction activities associated with the proposed project would exceed South Coast Air Quality Management District Standards for VOC and NOx, and would result in a projected air quality violation. Impact 4.2-7 Construction of the proposed project could result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal ox state ambient air quality standazd. Impact 4.2-8 Construction activities associated with the proposed project would generate emissions that would result in exceedance of localized significance thresholds established by the SCAQMD, and could therefore expose sensitive receptors to substantial pollutant concentrations. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. ^ Short-Term Impacts Of the three significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, all would occur during construction activities and would be considered short-term. ^ Long Term Impacts Of the three significant unavoidable impacts dtrecdy attributable to the proposed project and associated cumulative impacts, as identified above, none of the aforementioned impacts axe considered long-term. 4.3 FINDINGS The Ciry has evaluated all feasible mitigation measures and project revisions with respect to these impacts (see Chapter 2, CEQA Findings). The City has also examined a reasonable range of altematives to the proposed project (see Chapter 3, Findings Regarding Project Alternatives). Based on this examination, the City has determined that, from a programmatic perspective, the No Project/Reasonably Foreseeable Development Alternative (Alternative 1) and, with respect to the First and Cabrillo Towers development, the Reduced Residential Component (Alternative 3) axe considered to be the environmentally superior alternatives fox their respective analyses, whether program- ox project-level. While each of the progxam- and project-level alternatives listed above would potentially result in less significant environmental impacts than the proposed project, the Ciry finds these alternatives infeasible and less desirable than the proposed project and has rejected these alternatives from further consideration because they would not achieve the environmental, economic, social, and other considerations outlined in Chapter 3 (Findings Regarding Project Alternatives). Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 43 75B-79 Chapter 4 Statement of Overriding Considerations 4.4 OVERRIDING CONSIDERATIONS Specific economic, social, ox other considerations outweigh the impacts stated above. The reasons fox proceeding with the proposed project, even though all of the identified impacts are not fully mitigated to aless-than-significant level, axe described below. ^ Proposed Project Benefits 1. The Overlay Zone substantially increases opportunities for employees to live in proximity to their jobs reducing the number and length of vehicle commutes. The Overlay Zone provides fox the conversion of retail and office properties fox mixed-use residential purposes, increasing the City's total housing capacity by approximately 5,551 units. 2. The proposed project emphasizes the development of mixed-use structures that integrate housing with ground level retail and office uses. In addition to providing opportunities for residents to live closer to their jobs (live/work and other facilities), residents would be located closer to retail, commercial services, and entertainment. Additionally, locating residents in proximity to commercial uses increases the customer base and economic activity of businesses, provides an "eyes-on" mixed-use community that improves public safety, and increases pedestrian activity within the area. 3. The Overlay Zone provides development and design guidelines that will maintain and enhance the character of the project area. It provides for management of the design and scale of new structures within the Overlay Zone to preserve and enhance their character and quality. It distinguishes pedestrian from automobile-oriented commercial districts, by regulating the location and design of sidewalk fronting, building elevations, location of parking, and implementation of streetscape amenities in the latter. 4-4 Metro East Mixed Use Overlay Zone EIR Findings of Fact/Statement of Overriding Considerations 75B-80 ORDINANCE NO. NS-2739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING AMENDING CHAPTER 41 TO ADOPT THE F SUFFIX TO MODIFY A ZONING DISTRICT, AMENDING CHAPTER 41 TO ESTABLISH THE OVERLAY ZONE SUFFIX (ZOA 2007-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Zoning Ordinance Amendment No. 2007-01 is necessary to implement a high-intensity mixed use urban village through the adoption of the Metro East Overlay Zone. B. Zoning Ordinance Amendment No. 2007-01 also amends chapter 41 to add the F suffix to the modification districts. The F suffix will modify a zoning district with the F suffix to a floor area ratio of 1.0. C. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. D. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. b. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. c. Adopt a resolution approving General Plan Amendment No. 2007- 01. E. On February 26, 2007, the Planning Commission continued the following actions to the March 12, 2007 meeting: a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and 75B-81 statement of overriding considerations (Volume II) for the First and Cabrillo development project. b. Adopt and ordinance approving Development Agreement No. 2007- 01. c. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. d. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. G. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: a. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Cabrillo development project. b. Adopt and ordinance approving Development Agreement No. 2007- 01. c. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. d. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. H. On March 19, 2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. I. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007, and was approved and adopted by resolution at that hearing. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; adopted an ordinance approving Development Agreement No. 2007-01; and adopted a resolution approving Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069). This ordinance incorporates by reference, as though fully set forth herein, the ordinances and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. Section 41-185 is hereby amended to read as follows (new language 75B-82 shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-185. Modification districts (a) The use districts established in Section 41-184 may be altered to conform with the following: (1) The B suffix appending to-the district classification t~„~ !°;;c, Q;-..;;o~shall allow properties within the district so modified to be used exclusively for parking as described in section 41-611 of this chapter. (2) Lot width and lot area suffix ~~^~ i~ ~h t + ,~ appending te-tl-~ethe district classification shall be indicated on the sectional district map and shall designate the lot width and lot area. The number preceding the district classification shall establish the minimum lot width and the number following the district classification shall establish the minimum lot area. (3) Overlay Zone (OZ) Suffix appending the district classification shall allow parcels within the district to optionally develop in accordance with alternative uses and standards set forth in an adopted Overlay Zone ordinance, as further described in Division 28 of this chapter. (4) The F suffix appending the district classification shall restrict properties within the district so modified to a maximum floor area ratio of 1.0. The F suffix shall not apply to properties that develop in accordance with an Overlay Zone. (b) The aforesaid land use districts shall be indicated on the sheets which comprise the official sectional district maps of the city. Section 3. Division 28 establishing the Overlay Zone (OZ) is hereby added to the Code to read as follows (new language shown in bold for tracking purposes only): DIVISION 28. [OZj OVERLAY ZONE Sec. 41-595. Applicability of Division. The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "OZ" (Overlay Zone) suffix and to all property within the "OZ" (Overlay Zone) District, when applied as a separate district. In all cases where a plan in an Overlay Zone District has been approved the "OZ" symbol shall be followed by a number to designate the Overlay Zone number (e.g., OZ1) and the 75B-83 development that shall be permitted subject to the provisions of the approved Overlay Zone development plan and the regulations of this chapter. Sec. 41-595.1. Purpose and Intent. The provisions of this division provide alternative standards and regulations to the underlying zoning district, where important site, environmental, safety, compatibility or design issues require additional flexibility. The Overlay Zone District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by: (a) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. (b) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate mix of uses and value thereof be determined and protected. (c) Providing a method whereby Overlay Zone development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan. (d) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. (e) Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. 75B-84 Sec. 41-595.2. Uses Permitted and Development Standards "OZ" Suffix. When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the Overlay Zone to which the suffix is combined. In any case where the development project does not choose to adhere to the Overlay Zone, the standards and regulations of the underlying zoning district shall apply. Sec. 41-595.3. Uses and Development Standards in the "OZ" District. Any matter which cannot be resolved solely by reference to the adopted Overlay Zone ordinance shall be governed by the provisions of this Chapter. Sec. 41-595.4. Submission of Overlay Zone Site Plans; Architectural Review. (a) Any application for a permit for a building or structure in any district combined with the OZ suffix shall be accompanied or preceded by the filing with the Planning Manager of the Overlay Zone site plan as described in subparagraph (1) below. Any application for a permit for a building or structure in the OZ District shall be accompanied or preceded by the filing with the Planning Manager of an Overlay Zone site plan which shall be one of either of the following types: (1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the Planning Manager to be necessary to fully evaluate any requirement for a building permit; (2) A plan consisting of standards and regulations pertaining to the following: (i) The height, location, and bulk of buildings: (ii) The location, arrangement and configuration of open space and building setback; 75B-85 (iii) The location and design of off-street parking areas; (iv) The number, size, and location of all signs; (v) Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan. (b) Upon receipt of an Overlay Zone Site Plan by the Planning Manager, the same shall be referred to the planning commission for review and recommendations. The planning commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. Sec. 41-595.5. Approval of Overlay Zone Site Plans. No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met: (a) If the property is within a zoning district classit•ication combined with an OZ suffix and the applicant wants to apply the Overlay Zone, the applicant must obtain for said property an Overlay Zone site plan review permitting use of the property in accordance with an Overlay Zone plan. Said site plan review permit shall be approved, conditionally approved, or denied in accordance with the provisions of Article V of this chapter. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the Executive Director of the Planning and Building Agency. (b) If the property is within an OZ District, the Overlay Zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the Overlay Zone site plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. (c) If an Overlay Zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in 75B-86 paragraph (1) of said section in conformity with such Overlay Zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the Planning Manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings. Sec. 41-595.6. Application and Hearing. (a) The Overlay Zone site plan shall be submitted in the form required by the Planning Manager and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement. (b) The Planning Manager shall give or cause to be given notice of the time and place of such hearing by mailing notices at least ten (10) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed. (c) Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The City Council expressly reserves the right to modify, amend or repeal this ordinance at any time by adoption of a subsequent ordinance. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 75B-87 ADOPTED this day of March, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Council NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 75B-88 ORDINANCE NO. NS-2740 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE METRO EAST MIXED USE OVERLAY ZONE (OZ1) AND TO APPLY THE METRO EAST MIXED USE OVERLAY ZONE TO THE PROPERTIES GENERALLY BOUNDED BY SANTA ANA (I-5) FREEWAY ON THE WEST AND SOUTH, SIXTH STREET TO THE NORTH, AND TUSTIN AVENUE TO THE EAST (AA NO. 2007-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. B. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 3. Adopt a resolution approving General Plan Amendment No. 2007-01. C. On February 26, 2007, the Planning Commission continued the following actions to the March 12, 2007 meeting: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 75B-89 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. D. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. E. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On March 19, 2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. Amendment Application No. 2007-01 has been filed with the City of Santa Ana to adopt the Metro East Mixed Use Overlay Zone (OZ1) and to apply the overlay zone to the properties generally bounded by Santa Ana (I-5) Freeway on the west and south, Sixth Street to the north, and Tustin Avenue to the east (AA NO. 2007-01 ). 1. OZi introduces development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid-rise to high-rise office environment. 2. Four districts are created within the OZ1: the Neighborhood Transitional District, the Village Center District, Active Urban District and the Office District. H. Amendment Application No. 2007-01 is consistent with the General Plan, 75B-90 including but not limited to its goals and policies to: 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Land Use Element Policy 2.4. 4. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Land Use Element Policy No. 2.8. 5. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 6. Support land uses with provide community and regional economic and service benefits Land Use Element Policy No. 4.3. 7. Encourage the development of projects that promote the City's image as a regional activity center. Land Use Element Policy No. 4.4. 8. Encourage development of employment centers and mixed use projects within targeted areas adjacent to major arterial roadways and freeway corridors. Land Use Element Policy No. 4.5. 9. Target area in the City for the creation of new housing units and opportunities for all segments of the community. Housing Element Policy 4.1. 10. Encourage a balance of land uses that promote livable communities. Housing Element Policy 6.2. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the Metro East Mixed Use Overlay Zone is consistent with the purpose of the general plan. 1. The City Council also adopts as findings all facts presented in the Requests for Council Action dated March 19, 2007 accompanying this matter. 2. For these reasons, and each of them, Amendment Application No. 2007-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the 75B-91 public necessity, convenience, and general welfare J. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Zoning Ordinance Amendment No. 2007-01; adopted an ordinance approving Development Agreement No. 2007-01; and adopted a resolution approving Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069). This Ordinance incorporates by reference, as though fully set forth herein, the ordinances and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this ordinance and the findings made herein. Section 2. Metro East Mixed Use Overlay Zone (OZ1) as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein, is approved adopted in its entirety. Section 3. The Metro East Mixed Use Overlay zone is hereby applied to the properties generally bounded by Santa Ana (I-5) Freeway on the west and south, Sixth Street to the north, and Tustin Avenue to the east. Amended Sectional District Map numbers 8-5-9 and 17-5-9 showing the above described change, is hereby approved and attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. (AA No. 2007-01 ). Section 4. This ordinance shall not be effective unless and until Resolution No. 2007-027 becomes effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this ordinance at any time by adoption of a subsequent ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75B-92 ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: Councilmembers 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 the attached Ordinance No. NS- 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 75B-93 Table of Contents Section 1 Purpose and Objectives Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards 9 Section 5 Design Principles 25 Section 6 Signs 29 Section 7 Compatibility/Operational Standards 31 Section 8 Implementation 33 FIGURES Figure 1 : MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1 : District Descriptions 7 Table 2: Development Standards Summary 9 Table 3: Land Uses 10 APPENDIX Metro East Public Realm Amenity Plan 75B-95 75B-96 1.U Purpose and Objectives 1.1 PURPOSE The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of ahigh-intensify, mixed-use urban village within a previously developed mid-rise to high-rise office environment. This chapter establishes standards which will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES The Metro East Mixed Use Overlay Zone is intended fo create a unique urban environment that that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. Create highly-amenitized streefscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. f. Provide for an appropriate interface of land uses and development intensities relative to the Santa Ana ll-5) and Costa Mesa ISR-SS) Freeways. g. Create ahighly-integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. c. Achieve the harmonious integration of new mixed-use development within the existing fabric of the mid-rise and high-rise office environment. d. Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy conserving building materials, and landscaping designs that reduce water consumption. 75B-97 Contemporary design solutions Active urban mixed-use h. Provide for active street life through the inclusion of dedicated pedestrianoriented design and active uses on the ground floor at strategic locations. i. Provide for a mix of housing in order to encourage a continuum of living and a variey of household types. j. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. I. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. m. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft-style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private-market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district. Unique architecture 75B-98 Streehfacing retail q. Implement the City's General Plan. Ground-Floor commercial space at strategic corner Contemporary building materials 2.tJ Applicability The MEMU Overlay Zone is comprised of the properties generally bounded by the Santa Ana 11-51 Freeway on the west, Park Court Place and its prolongation to Tustin Avenue on the north, First Street on the south, and Tustin Avenue and the Costa Mesa State Route ISR-551 on the east. The boundaries of the MEMU Overlay Zone are depicted in Figure 1 and the existing zoning sectional district maps. 75B-99 Figure 1 MEMU Overlay Zone Location 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article l , Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS USING UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New projects may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 75B-100 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (Table l 1. There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensiy as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2 The Village Center District contains a pedestrianroriented area designed 1 to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed-Use Overlay Zone. A r~.ixed-use ova;cy zone S Figure 2 MEMU Overlay Zone Development Districts 75B-102 c E t a c_ v a v a o v " ° - o d~ o ~ 3 v ° ~ ° v r ; > ° ry o ova=_°- o os- d ° ., ms-'~ __ aL ° 2 ° o-°- wv ° E y `° `° , O n o L ° ~ ; ~ ~ E - V O ~ O c ~ „ ~' N d E ° C ~ -E ~ ry a O d~ N n 1] ~ -° w5= ono my v > o = o - ` ti E v~~ „~ $ c ~i o n ~ E -- _~a_m _msav3 f p s= E E°° `o r o ^' b o o ~'s m o o~ o d v~ g v vev=o off' $ ~ Ev- o ~ v ~ a 'o v o a~ o L m y = v rno Z o ~ ~ P m ~__°O1o`_s 3-~ ~° Y r d °'~ 3s '° °- 3 ~ ___' $ v o 0 0 =s o m ° v` v o 3 'v s a° 0 ~ o `o rn- n h c `O "' a d Ef -ms a o y u o- o 'o „v2- o» ~, _v o o > > rn0 o m V s °_v o g. o- em u D o s °-' o o° o r o ~ c o° a B °-~ o ~v <awv~aa _ g°~ 0=3 n~'2s o3 0 m a u v 5 v v~ b° ~ v $' = o. v` o m m L v ~°'-$ `m o m ~ ~ o m~o~ .-;_-xm 0 0 ~~ o 0 2 v E 5 Pte` ? ~ ~ .c S-O ~ °v 0 °N~ss'm30 p~V c L y ` Ed O m c'J ~ O g o 2 r - .,. m U v ov ~~ ~ vs ~ ~ W N o~ v° E 3„~~ v v v o,m o ~ o . w£ ° n E o a v _ o ~$ ° E-_ E a v `o s o .a ",''. E 3 m v o o a ` r>vo~o~~"o a ~ v m° a s °~s o m~ 3 "v v Y° o =Ys u ~ `o 02 ° o m - m m o ~ - 0 2 `m - o s °a m so ~ ~' - a8 _ ~"' ~ v0 ° ~ osm U O.3v `coo'` _ ° ~ _ ° E 3 = __ ° _°- ~ ~ ~ ~ `` d r o f- 3~ ~ v ~ v 3~ . v - v ~ Q ° s ~ E N `0 0 3 a `v g 2 o E n u E~ b `o o U d ° Es ~v m E ° o `v v `o =° - 0 6 ~ E ~ ° `° N -° v `o ~ o r o £ 0 - - - ma=„ ~sv ° ° v v E ~' m ° n ~ ~ o v = v o ^ m~v o o m oY d v v v o n°~ o a ~ os ~= a° 0 0 0 s~~v~sa~ 3~- o-=r Em d~° rn 3 ti' s n 3 ~-° . N ~ Sv V o +ohco~o E E v _ `° o m v v ~vr ° `g°EZ`o s_° w " ~ o `c c ° `o _ i ° d 2 E y r o v ' v E v oV°v o.°= ` ` ° m .°-' N v E - E v_° v v v- v ~ o _ c m p.C ~ ~ = h N 6 p ~ a C pl'D 4 lj N ° O -° Q ~~ E N `~ p N s ° ~ v 4 - v ° o _ E ~`- ° ~ ~n° a v m ~o v o E ~ ~ - `o s y u o -~ ` v o = ~ h mL b E E ;,f~-- °~°;s"-o d N v o °-' o c E a ~ ~ `~ - - v n v ~° c o m' '; o g ~'_ °_ N wo= ~~ m" d ~' v `o E ~_ o ~ o o ~ c°o ~ ~ ~ E ° - _ ° ~ o ¢ ° m v o 'a E a u, ° 2 w a° r p s E ~j v j d o~ ~ ~ d o ~ ° ` n o u m > 75B-103 v o o v w B ~ c a o c - o v '° v ~ a ~ a rn~ ° v ~ _ E 3 v a = m v `- E d a2 E w O - o N > E y' `_'~~ u ~O v_ o v F ~ m o ~ osy ~LL~~ ~ o U)_ ° ~ s o m a ~ ° o o ~ r p , o ~ ° ~ ° v ~ goy a ° o E Z owEVS u =' o O ~ ~ ° ,3 ~~ o ~ ~ 75B-104 4..0 Development Standards ..... ........... . ___ The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. 75B-105 * For lufher detail, rerer fo Section 4B, Parking and Access. 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that Is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(cj of the Santa Ana Municipal Code jSAMCj. c P o c s x° ° a ~ Special Provisions preferences to other appllmble q z ~ ~ p code sections or Iimitalionsl Z~ S .- --""E~--E ~-vz_ - v ik a s ''`- __""~'_ sue-. : -- bve/Work Umts _ P P P N Subject to provisions of this division Multiple-Family Residential P N P N O~ VSBS .$.s Art galleries and studios including, but not limited to~. photography; floe ad; Hber art; panting, lithography, and P P P P calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restauraNS N P P P CUP for liquor soles, after hours operation Bakeries N P P P Retail and Service uses N P P P Medical and Dental offices` P P P P Professional, administrative and business offices` P P P P Child core facilities P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP p As defined in Chapter 41 of the Indoor/outdoor entertainment N P P Santa Ana Municipal Code Schools N P P N Temporary outdoor activities N p p p Subject to Section 41-195.5 of the Santa Ana Municipal Code - LUC Theaters and cinemas N P P P WcJ:, _fional5ta __ -- Drive through establishments N N N N No merchandise may be sold in These establishmenh 75B-106 In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian-Oriented Design and Active Ground-Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrianariented designs. The pedestrian-oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open-space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/work units, or other active- artisan use. a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (l loft-street parking space shall be provided for each dwelling unit. c. Alive/work unit shall be at least one thousand I1 ,000j square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred flfy 17501 square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty 1301 inches in front. On-site laundry facilities are required within each unit 4.1.2 Live/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate standalone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 75B-107 Two-story live/work units 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low-scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid-rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To crease a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following maximum story heights are established for the uses within a building as calculated from floor to floor: 1 . Residential: 9-15 feet lincludes lofts and live work unit designs) 2. Retail: 1 8 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet 5. Office: 13.5 feet B. New development will be required to be developed within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as 7. Neighborhood Transitional District: Three stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and three stories. New development in the Village Center District is more i ntensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low-intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster apedestrian-friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 1 8-hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150' See also Section 4.1 .l I. Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban Districf: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. 75B-108 2. Village Center District: Six stories maximum; ten srories maximum within core area (See Section 4.7.1) Three-story live/work units Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, facade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum budding height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to amultiple-family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: Six stories maximum Existing development within the Office District varies from two story garden offices to the high-rise Xerox Center adjacent to the I-5 Freeway. Development in this District Is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid-rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster apedestrian-friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre j43,560 square feet) d. Existing Office District 30,000 square feet 75B-109 Front street building orientation 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continuous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. In order to encourage a stronger public-private interaction within the Metro East area, new development will be required to Include one of the building frontages specified by district below: ^ Front Porch ^ Stoop ^ Forecourt ^ Shop front ^ Gallery ^ Arcade Neighborhood Transiiional District a. Front porch b. Stoop c. Forecourt building frontages are permitted x x -. 1 . Front Porch 2. Village Center District a. Front porch b. Stoop c. Forecourt d. Shop front e. Gallery f. Arcade 3. Active Urban District a. Forecourt 6. Shop front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements: iflP"~ t~' A front porch is frontage wherein the facade Is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. 75B-110 A stoop is frontage wherein the facade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. 3. Forecourt ~~ ~ ~ ~ A forecourt is a frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feetl. This type of frontage should be allocated in conjunction with other frontage types. urge trees within the forecourts may overhang the sidewalks. rr 1'1! i!F ~~ .~ A shop front is frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This frontage is conventional for retail use. It has substantial non-reflective glazing at the sidewalk level and should include awnings at main entrances that may overlap the sidewalk consistent with the City's overhead sidewalk encroachment provisions. 5. Gallery A gallery is frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. 75B-112 4 j ~ An arcade is frontage wherein the facade may abut the sidewalk at the frontage line. This frontage ype is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street-facing facade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza Neighborhood Transitional District 5 percent 2. Village Center District: 10 percent 3. Active Urban: 15 percent 4. Office District: 15 percent 75B-113 In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1 . Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rightsof-way to engage the interest of pedestrians and encourage public use. 4. A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b. The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. 5. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyardj. The required open space shall have a width of at least one-half the height of the adjacent building facade jmeasured perpendicularly from the fatadel. This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade jmeasured perpendicularly from the fatadel. This requirement shall apply to all sides of the required open space. 6. The required publicly accessible open space areas shall be located and configured as one of the following: 75B-114 Active public/open space areas 75B-115 a. Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front facade of the building as illustrated. d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or couryard as illustrated. 4.6 PRIVATE/COMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi- purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1 . Neighborhood Transitional District: 100 square feet per unit 2. Village Center District: 100 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 100 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2. In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the space is open on one or more sides. ~ C m~i Y~. ~ ~ v* ~ ~~ Private balcony 75B-116 Private roofop deck 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan IAppendixj. New development within the MEMU Overlay Zone shall be designed to provide setback areas as follows: 1 . Neighborhood Transitional District Front: 0-10 Ft Side: 0-10 Ft Rear: 0-10 Ft 2. Village Center District Front: 0-20 Ft Side: 0-10 Ft Rear: 0-10 Ft 3. Active Urban District Front: 0-20 Ft Side: 0-10 Ft Rear: 0-10 Ft Any new development that is ten stories or greater in the Active Urban District at a location adjacent to an existing multiple-family residential use or zone outside of the MEMU Overlay Zone boundaries shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District Front: 0-20 Ft Side: 0-20 Ft Rear: 0-20 Ft B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: In order to encourage flexibility and provide an organic feel in the design and building-street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the exception that all structures shall maintain the maximum rear setback specified if the property abutting on the rear property line is developed solely as a residential use. 2. Setbacks abutting public rightsof-way may be further recessed from the maximum setback specified for the purposes of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3. Setbacks abutting public rights of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b. The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. Upper level setback areas incorporating terraces and roof decks 75B-117 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full-range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro Easf area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. Amixed- use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1 . A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.25 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off-street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. g, b. Stand-alone Residential Uses: As required byDivision3 of Article 15, Off-Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 2.0 spaces per residential orlive/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off-street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 2.0 spaces per residential orlive/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1 . Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one j 1 j assigned space per unit. 75B-118 In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. 75B-119 Screening of parking structures along main streets 75B-120 5.0 Design Principles ......_........ __ __ 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project components. In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two j2j acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design 75B-121 The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for fhe area as part of the MEMU Overlay Zone Site Plan Review process. Building is broken down info distinct elements s ,,._ °~' Driveway; :- ~`_~--~"4s Street-facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one-hundred-fifty j 150j feet in length. c. The design of buildings shall incorporate a variey of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rightsof-ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. Arcade at street level Upper level setback creates mass articulation The building articulation may include private/common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide jparallel to the building facade) by 6 Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. 75B-122 Sheet-facing ground floor elemenh 5.6 GROUND FLOOR USES a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a. Pedestrian- and sidewalk-oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. 75B-123 d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian- oriented amenities where feasible. the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. b. landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. b. Pedestrian-oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle-scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian-scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS Podium parking screening 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above-grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION-SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two j21 hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.1 1 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livabiliy of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. 75B-124 Pedestrian/bicycle oriented streetscape a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to 6.0 Signs Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The Cily desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: b. c. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. Each master sign program applicant shall show to the Planning Commission's satisfaction why the modifications requested are Secondary access sign warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. 75B-125 Main access signage d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1 . Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1 .2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41- 860 et seq. except for the variations specified in the Master Sign Program application. e. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to City Council. Appeals 6om decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. 75B-126 7.0 Compatibility/Operational Standards __ The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. 7.1 SECURITY 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:~~ A.M. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinancel. 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 75B-127 residential uses on top 75B-128 8.0 Implementation This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and propery owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A. Any application for development subject to the provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. division, and will not be detrimental to the harmonious development of the ciy or impair the desirabiliy of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1 . Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarly of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 3. A master sign program, pursuant to the requirements 8 3 CONDITIONAL USE PERMITS, VARIANCES of Section 6. AND MINOR EXCEPTIONS Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by Ciy staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 75B-129 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two 121 years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three 131 years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of propery owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIRONMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act ICEOAI, development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial )retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, no development shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEQA. These development capacity "triggers" are as follows: a. Commercial-770,400 square feet b. Office-552,000 square feet c. Residential-4,440 units 75B-130 City of Santa Ana February 2007 APPENDIR 75B-132 Table of Contents Introduction Site and Planning Context Metro East Public Realm Amenity Plan Existing Conditions Existing Conditions Street Trees Street Lights Existing Streetscapes MEMU Overlay Development Zone Metro East Public Realm Amenity Concept Proposed Easements Street Trees Pedestrian Street Lighting Improved Streetscapes Cost Estimate ................................................... 2 3 4 Photo Survey .......................................................5 Base Map ..............................................................14 Locations and Types 15 Locations and Types 21 - Typical Plans and Sections .............................. 23 28 ..... 30 31 32 33 Typical Plans and Sections .............................. 34 41 a`y°~s""`°a"° Metro East Public Realm Amenity Plan 75B-133 Site and Planning Context Bounded by the Santa Ana Freeway to the East and the Costa Mesa Freeway to the West, the Metro East district covers approximately 147 acres of land in the north-eastern corner of the City of Santa Ana. ,, ~r ~, ,. ,. r ..,-. - ~ ... ~ w .. ~ ~ - ~~ ~ a + RR ~~ ~ Y Jq .4V k ~ h ~ ~ .. " i + ..~ 4 ~ ~ ~„" 4 ry~ ~4,K Sa ~ q - ~~ ~° ~~ * i.. ~ Santa.Arta Reglonal,~ 4Oa ~„ ~ ~ -~ - ~ ~ .„ Transportat(on Centel ` , " .a ~ o ~ _ ~ ' ,.. . a U _ .~ ~ ° ~ + ~ s .~'~ a -~ ~'' n . , w ^n4w~~~ ~ V A, ~ , ~ „ 'Y'I wI F f h . 4 „5 ~ y akl.fnile ~, i ~ ~ 7 '4 ~ ~ ~ -grM. ~ • - ~ 1 { Y ~ C r fit. ~ ~' ~' ~ ~ £ ~ 1y'- _ °'°* ~ rid ~'P ~~t .,•:1r d' ~. ~# ~... .. :.: _ . « E6U4Ib,$S xcs YM _ r. , _, 1/2 mile , - e - . .uw.. ,. ~ _• ,.. :.. .. a ' .. 1, .. w. ... r.W y e~,e a N~:J .w .. _ ..y. m, ~ ~ First St I 1 is_ u t 9m ~ f i s s µ ~ « r .& s« x ,. p r ~ - ~. 7 mua', s "s ~. ti ~ ~ b .r, .. -. ~ _ ~ ~ ~. s t ~ ` ~' - ,_ - - ~ _ u , (*., , ` xi.5 - a , ..._ . 3 : \ ` ~. ,~ ~ ., ' .. „ ~;..'« at , « ~ ~ ,.. __ .. _. 7 72 mile Q , ~.. ~" Key - - - Study Area ---- Ciry Boundary N o soo looo t'r ~. ~~~ a`y°fs°"`°n"° Metro East Public Realm Amenity Plan 3' t 75B-134 Metro East Public Realm In conjunction with the Metro East Mixed-Use Overlay Amenity Plan Zone, this amenity plan provides a framework from which to build a clear identity for the district. c r I I L ~~~~ rl _ J. ~ , ~~ t. II ft P L . 'r'i: r ',~ LO A K -~~'~~ ~ ~~_ ~ ~~ ; ~~ f ~ ~ 1 ' j~~ '.. '~, ~ ~ ~~. _ ~ ~ \~ ~ ,. ~~~~ j i ~ I r -..1•"~.~~.......r '~cn-rsa.~ssa . `I sus. ~~~~~~~;3 ~~~ y~__ , ~ ~ , ,•. C i35id"i'i. F ! E. --- ---__ M ` a . 1 r ~. t ~ , m ~ ~~~ _ y. r ~.Hf. J{{i r /r ~R.Y 9g .....e ~` 1 \~I ..,j.a; fa~srx, $es ~. i -~ aaI ~, _ ~,~~ .scr1 ~ .aq.r..i ~ ')' F~r.Gr~~G (~ ' ~..I ~ Ilt L. _~ a '~I ~~,' ar•a,~` .srsi5=a cr+rss~,*s..a T -MS.~ e. .. i I~~~ i ~1ii~ X11 ELcc r a~F-~ ~ j I~~T[ r .-P ~ i ~ r~i,I-., s t Key --- Srrrdr.lrea ___- Cirr liaarrlam -•- Lxis9inR Parcel hirree - - - - Setback l iuer __._.._ ~~ Err.efing Streets Iddiuarral.5'erhack Liuzmreruc Public Uprrr Spucr ~' L'.t~isun}.Greer %7re.c F..risnul; Puhu "%reev :4err Su~eer Tr¢es~ '\'re~ Pr•desrrimr .5'rreer Gghlr N u ISO :ovFf c ~ ,-s,,,,~:,:,,,,: ~ 4=~` \(r~u~u l:.aa I ulrhr Rr;tlm .Anu~nn~ I'lun 75B-135 Existing Conditions Urban Studio documented conditions in the field, Photo Survey Locations the streets, sidewalks and open spaces that define the area's public resources. In general, district open space character has an incomplete sense of place with few fully realized streetscapes and little connectivity to the surrounding area. ~ r ,~,~ ~ r, . 45 26yq~~ ~.'L°, > an "~` F / 1 1 C Q ,x a ~` ~ ~~ F5 t 7.t~` y C ,'~~ ._ ~s ~ 25 +~ r ~. ~~~ ~35 24 H, `~n5'u ~. "~~ 3.. ~" P pt kF'n~ ~[ F a ~- ~.:. 15 ~ 17~& ~' .11~,, a .,.:„~,12~' 19 ~18• 14 -~_ 16 20 21 ~ .:. ru ,. Y°9.~ ' W d _C. ~ 23. ~ 40,,. y: - ° 4 y.~ ~.~ 29 . 5 - . m't~, ~~ 30~ ~~ 39 Dt~ ~ ~I 42 yea ~ ; ;: y-~. ' ~. _ ,, a Ir ~ 1~ ~.. ,... ~,..~ T4 LL `_ $~~w ~ i,, ,37 34 - -`~'u 31 7 ..10~~ ~3 w~it~~.t. 4 5 ~ ...-6 9 '- . 8 - r' ~~ ~ ~~ a' .. .. s-;.~~ 5 .,.,.~ ''~'~'. f ~ ` t., ~; n ,~ b _ t 4. ~~~ "1. 1~' ~ 4 y~q ~A* q 1 bra A s ~ ~I ~ ~F~517~P % 1 Ag ^a" ~ II y ~ ~. +M . 4n V aiv S. "9Y.W (i ~, i f 4 r a.= r~ . . :;}n. w . ... Key E' Study Area 0 250 500 FT ---- City Boundary cryorsaneaana Metro East Public Realm Amenity Plan 5;' ; 75B-136 Existing Conditions First Street First Street is automobile oriented. There is no sense of arrival or signage that marks the district. Street tree plantings are inconsistent and in many locations non-existent. c~ayopsan~aaaa Metro East Public Realm Amenity Plan _. 75B-137 ~~ First Street and Cabrillo Park Drive Looking West to East ~„~ First Street and Golden Circle Drive Looking North ~~ First Street and Tustin Avenue Looking North Existing Conditions First Street (continued) The First Street environment mainly addresses the functional requirements of the automobile. First Street View East ~ First Street and Freeway Looking ~~~ First Street View West to Freeway l J J East ~ J ~_ /~ First Street South Side ~ First Street South Side ~ First Street South Side ~J ~~ ct`y°/s°"`°n"° Metro East Public Realm Amenity Plan 75B-138 ~„\ First Street Panorama South Side Existing Conditions Fourth Street Fourth Street is the central east-west street that bisects the district, but has missed median opportunities and no sense of arrival from the surrounding area. c4oyofsaunAna Metro East Public Realm Amenity Plan 75B-139 ~~ Fourth Street and Cabrillo Park Drive Looking East to West C\ Fourth Street and Golden Circle Drive Looking North ~~ Fourth Street and Tustin Avenue Looking West to East Existing Conditions Fourth Street (continued) Inconsistent street tree plantings along Fourth Street and underutilized landscaped medians provide little sense of identity. ~ 4 Fourth Street Looking East to ~ Fourth Street Looking South at ~ Fourth Street Looking West to District ~ 5 Freeway 16 Freeway Overpass 1 ~ Fourth Street Looking South to ~ Fourth Street and Park Center ~ Fourth Street Looking Northwest from Commercial Building 7 $ Drive Looking East ~ 9 Intersection on Golden Circle Drive 20 Fourth Street and Tustin Avenue ~ Fourth Street Looking Southeast at ~ Fourth Street Loooking East Towards Lookinq West [o East ~ 21 Golden Circle Drive 22/ Tustin Avenue cayofsan~aana Metro East Public Realm Amenity Plan - 75B-140 Existing Conditions Golden Circle Drive Golden Circle Drive is the main centrally located north-south street that serves the district. ~~, s• s. _, ... ^m; ~1 p„ YN IY~S#i M1tr ~ A4 ~'~~ ~p W,~~ ~~~ ~1 w1 l~~ i. `I ~~i~dr Al ,~~~Ir ~ ,M'~ - +fYro ti' k d y; ~-~~. ~~ a n ~ r w ~> rte. ~ n ,,. h ,.~ ,~~ . 23 Fourth Street Looking North at The Theme Building Looking The Theme Building from the Golden Circle Drive 24 North at Golden Circle Drive 25 Southwest 26 Golden Circle Drive: Western ~ Golden Circle Drive: Northern Fourth Street Looking Northwest from Section Lookinq North l27 Section 28 Intersection with Golden Circle Drive ~, Golden Circle Drive West Side ~ Golden Circle Drive East Side ~ Golden Circle Drive East Side coy opsanoaaaa Metro East Public Realm Amenity Plan 75B-141 Existing Conditions Cabrillo Park Drive connects the existing uses to tthe Cabrillo Park Drive major public amenity in the area, Cabrillo Park. Cabrillo Park Cabrillo Park Drive and Park Court Place 34 Cabrillo Park Drive East Side 35 Cabrillo Park Drive View to Freeway ~~ Cabrillo Park Drive and First Street \v~~ Golden Circle Drive `Jv East Side ~~°fs°"`an"" Metro East Public Realm Amenity Plan °' gF ;~'~, 75B-142 Existing Conditions Tustin Avenue provides a connection to the public Tustin Avenue bus transportation lines running north and south through Orange County. Tustin Avenue and East 6th Street Looking North to South Tustin Avenue East Side ~ Tustin Avenue East Side 41 Tustin Avenue East Side Tustin Avenue West Side ~,~ Tustin Avenue West Side ~~~ Tustin Avenue West Side ~~ c~yofsan~aana Metro East Public Realm Amenity Plan ~; 75B-143 Existing Conditions Tustin Avenue (continued) Street lights along the eastern side of Tustin Avenue are infrequently placed. ~,~~~ Tustin Avenue East Side na Tustin Avenue East Side ~~ ~„ ctry°fs°"`°a"° Metro East Public Realm Amenity Plan 75B-144 Existing Conditions The existing conditions of the Metro East district Base Map include limited street tree plantings, a lack of distinctive markers, and lighting oriented towards the automobile. tJ~' CABRILLO PARK - 1 8 a ~ o ~ ~ ~ ~~ ~ ~- _ - s ,~ -- ~ _ ,~ ~+PARIEDOGRT PL.2~ wow ~~¢ ' O ~ i° ~~~ go q ~ g W 4 ~ ~ - I~ p 4 ~ v a I ~i II ~ ~ „~ Jp Jp ~~ p ' ~ ~~ ~ ~,~, o ~ i ,! r ~ `,\ ~ ~ ~. ~,,, ~~ _ ~-. ~t 1 i, "~\ ~ " ~ ~ ~ ~z~ I ~ I ~ I,-, ~~ a i ~~ rr -ooo ~~ l ,.- _.~-: ~,,9~c ~ ( ~ -: ~ -6.. ~ -. '_- FIRST ST... , ~ - (~~L ~~ Key N - Study Area G~ Existing Street Lights 0 I50 300 FT -°- City Boundary O Existing Street Trees ~~~ ® Bus Stops (Routes 64 & 71) ® Existing Palm Trees Stgnalizedlntersection Notes • Existing bus stops along 1st Street and Tus[in Avenue. • Existing street trees vary in distance. • Only existing street lights; no pedestrian lighting. ct~y°Js°"`aA"" .Metro East Public Realm Amenity Plan 14 75B-145 Existing District Street Tree Types The existing trees along Tustin Avenue vary widely in species. ~l"'~il v I~I~ `\ ,, ~ ,~ ~ ~~ ,, '\ ~ \\ , `1' ~,, ~`~Z - T~- ~~f CASRILLO PARK ~ ----,---,-6---- IP o lay ~~ ~, ~ ~~~~. ~ ~0 -~. ~ <.~- ~., ~~-o--- - e 2 '~ ,O ~ '~ ~° ~d ~~ I ~ g `6 ~ I ~~ ~w 1~~, III Y ~ 1 ~ o~~ moo,-goy - ~ ~ __ .... -.. o ,,, , 7 5 I, ~ ~ ~^ ~I' , ~~ --~ 'I~i o~ I~~~o- 3 , I~~ Q ~ 4I'~/ „ ~g 14 - 5 ~ I -~ ao-0 10 , x,13 9 8 7 6 /~'~~~,~i' ~ -:-FIRST ST: -- ~ / 1 1 0000--o-0-~0-. ~~~ - _ - - Kev - - - Study Area ---- City Boundary Q Exisdng Street Trees ~1 ExisAng Palm Trees N 0 I50 300 FT a~yoJsan~aAna Metro East Public Realm Amenity Plan 15a 75B-146 1 Pyrus Kawakamii 2 Ligustrum Lucidum 3 Liquidambar 4 Syagrus Romanzoffianum Existing District Along First Street, the predominant type of street tree Street Tree Types is the Leptospermum. gz=~., ~T .,. Y, ~ ~'~:. 15 Callistemon Citrinus f 12 Leptospermum cegofsa~~anaa Metro East Public Realm Amenity Plan 75B-147 5 Brahea Edulis 6 Leptospermum 7 Leptospermum 8 Leptospermum 10 Leptospermum 11 Leptospermum 9 Leptospermum 13 Callistemon Citrinus 14 Callistemon Citrinus Existing District Street Tree Types Pinus Canariensis and the Ficus tree occur primarily along the existing medians. Y O ~~~_ ~~ ~ - ~, ~,, '~ ,~ ,~ i X11 \ ~ < \ `, ,~, ,y ~ ' z~ 9 -~ D~\ ~. CABFILLO PAflK o ~ ~ i ~ ~~ i,.~l. ~ ~ ~~ ~~ ~ ~/ 'F~ ~'- ~ ° - o' I~ ~~~ ~', ~~~ Q i!' ~ '~~° , l r -, Kev - - - Study Area ---- City Boundary Q Existing Street Trees I~ Existing Palm Trees 2 Ficus 3 Ficus 0 I50 300 FT N LltyofsanaaAaa Metro East Public Realm Amenity Plan I'.1'j _ 'I~O... HS ~ ~ ISO O O ~ p ~, ,ig I~ a ~ ' , ^ ~~~ $~ 75B-148 1 Pinus Canariensis Existing District Long portions of sidewalk along Fourth Street contain Street Tree Types little or no landscaping. 4 Pinus Canariensis 5 Ficus 13 r., cnyofsauaa~a Metro East Public Realm Amenity Plan ];,~ 75B-149 6 Magnolia Grandiflora 9 Washingtonia 8 Washingtonia/Queen Palm 10 Magnolia Grandiflora 7 Callistemon 11 Magnolia Grandiflora 12 Platanus Existing District Street Tree Types Lagerstroemia Indica is the existing median tree along Cabrillo Park Drive. ------- l CABRILLO PARK - ~ 'I, ~ i Is _r...~.n__-_ 4 ~ -- ~ O O ~a o ~ ~_ 12 ~ ' ~~ X1517 ~~ __ - ~- ~PARIGlSOCWTPL ~. ~ ~ i ~ I r ~ 1 ~~ ((' ~ o I I ~~~' ~ I , 1 a ~ 14 I 1 i~ ~ ~ ~ ~ ~~ ~ Y }N '~-_ 10 r ~~ - _" 5 ~ ~i 1 0 ~' `%> ~ \ ~ ~ ~ ~ ~ z ~~ ~; i~o- ~ ,~ ~`, i ~ ' ~ ~' ~ 1, a ', , ~ ~ ~ '~ ~ ~ ~ ~ I' ~ \ N `~\ ~ J l~ -~ II 1 1 / _:1D~~ -' _.- p ~~O _ _ FIRST SL : ~ _ O ~ t ~ ~ 1 _ - _ - - - _ _ ~~ ~~~ ~ ~ I Kev - - - Study Area ---- City Boundary O Existing Street Trees Existing Palm Trees 2 Lagerstroemia Indica N o iso Soo er iw'~ -.t~..,. } Y~ cay orsanoaAna Metro East Public Realm Amenity Plan :'19' 75B-150 I~w'..~ .:.~.. 1 King Palms 3 Lagerstroemia Indica Existing District Street Tree Types Platanus and Liquidambar trees define the street along Cabrillo Park Drive. 6 Platanus f 8 Lagerstroemia Indica ~n cnyofsan~,.nna Metro East Public Realm Amenity Plan 29 75B-151 4 Lagerstroemia Indica 5 Platanus 10 Platanus 12 Liquidambar 14 Liquidambar 9 Pinus Canariensis 7 Platanus 11 Olea Eoropaea 13 Liquidambar Existing Street Lights All of the street light types in the area are cobrahead Locations and Types variants. ~ ~I CABRILLO PARK - ~~ i --'----- o~ ~ i ~ ~ ~~1 ~ .~ 0 - v o o ~~ ~ ~ _ ~' ~ ~ 0 v E firth oPARNLOtlFrPLo ~ ~ ~ ~- ~ ~_-.. 57, - G ~q~' .~o .~~~ 4 ~ ~~ li / ~~ ~ 0 ~ !o I ~-~ I!~ ~I" I~ ~i~ ~" \ -ir; ~ ~ ~? ~ ~ ' ~ ~~II+ I Key - - - Study Area ---- City Boundary C Existing Street Lights Signalized Intersection 3 1 2 3 Gltyaf SantaAn¢ Metro East Public Realm Amenity Plan 21~, 75B-152 Existing Street Lights Locations and Types Street lights along the First Street corridor are irregular. ^ cgoJsa~aa.~a Metro East Public Realm Ameni Plan ~ !` 75B-153 Existing Streets Wide streets and inconsistent street lights provide low Typical Plan and Section visibility for passing traffic and the surrounding environment. Main Traffic Corridor Scale: 1"=15' Ltiey°ps""`"a"" Metro East Public Realm Amenity Plan ~~,', 75B-154 Existing Streets The existing medians and sidewalks along Fourth Typical Plan and Section Street are sparsely landscaped and make little use of the potential gateway qualities of this major street. Central Street Corridor Scale: 1 "=15 tray°ps""`"A"° Metro East Public Realm Amenity Plan F~ 75B-155 Existing Streets Cabrillo Park Drive maintains a fairly uniform row of Typical Plan and Section street tree planting north of Fourth Street. However, the southern portion of the streeYbreakswith the regularity. Typical Local Access Street scale: r'=zo ctry°}s""`aa"" Metro East Public Realm Amenity Plan 75B-156 Existing Streets Typical Plan and Section Typical Main Street Golden Circle Drive is a narrow two lane street providing access from First to Fourth Street. ~caie: ~"=z5 ccq°fs°"`aa"" Metro East Public Realm Amenity Plan 75B-157 Existing Streets Typical Plan and Section Street tree plantings along Park Center Drive are non-existent. Secondary Local Access Streets 32'-0" (: Scale: ~°=z5' acy°fs°"`°a"" Metro East Public Realm Amenity Plan 75B-158 I,~ I~ ' 2z ~-~ MEMU Overlay Development Zone Districts I~~^ b wuAas I'~~I // `~ Tsll ~ ~ ^ GBFILLO PAPN i O O l i ~~~, •. c - ~ ~ - P BTN T ~ .. ePAflMLBtldT L.e I O ~~ \~ ~ 0 i ~ ~+x , ~~ - ~ ~ ,, ~ ~ ~~ i z, ~ _ F~~ ! ~~ ~~ ~~~ ~ v ~~ ~ t 1 ~ A Kev N - - - Study Area ~ District !: Neighborhood Transitional ---- Ciry Boundary ~ District 2: Village Center - - - Existing Parcel Lines District 3: Active Urban O D ^ Improved Pedestrian and Bicycle Corridor ® Pedestrian-Oriented Uses on Ground Level ~~ Pedestrian Linkage ~~~ Existing Office Uses 0 250 500 FP ~ > 1,SOOft. Radius Walking Distance ~~'R L ~`n°Js""`°`'"" Metro East Public Realm Amenity Plan ` 'S 75B-159 MEMU Overlay Development Zone District Descriptions District 1 District 1 is intended to provide opportunities for Neighborhood ', low-intensity development that acts as a transition Transitional ! between the single-family residential to the north and the adjacent high-intensity Active Urban District. District 2 District 2 is intended to serve as the focal point and Village Center central gathering place in well-designed highly connected development sites and public sites. District 3 District 3 is intended as the location for well-designed Active Urban high rise mixed-use developments in a highly urbanized environment. Pedestrian-Oriented Pedestrian-oriented uses are intended to generate Uses on Ground Level pedestrian activity and provide uses that are neighborhood serving and contribute to an active street life. ?" ', Existing Office Uses Existing office uses include low and high rise office ', ', development along Tustin Avenue and the Santa Ana ', I (I-5) Freeway Corridor. I i a~yofsan~aa„a `~. Metro East Public Realm Amenity Plan ,„ 75B-160 Public Realm Concept The proposed public realm amenities will enhance the pedestrian scale and quality of living in the area. T^ ^ L ^ ~ ~ l£NNIS y1 ~i1 /- CAUflT6 I~.. ~ ~'~`~~~OA¢FILLO PAPK / ... ~~~v/~_r.~~+r/~r~~.\/~, ! ~! ~ / L-L~~` f-~C=1C -J ~~ O o I, 0 ~~~~~~~,,~~ i o o 0 ~A ~A ~ ~ \\ \\ NHHHNNMXIMI I ~ry~µ; ~ ~ -" \\ - NHNNdW1N \ V ~~ A ~ ~~ - a I ~1 ~ ,'i Q I \ ~, \ \ ~ I . ~ ~ b- G~ ~- ~~ ~ ~ -- ; •~• ,, ~ ; ~ ~ I'~'I~ ~ ~ ~~ '~ ~ ~~ 0 ~ ~ !!~ r l r ~'~J L-q~~~~I i J _ Ffl6T6 - ~ ~ ~ ~~1 ~ ~ ~ ~~ ~~ _ , / I ~ l „ ,,, ,~,,: ~~ ,~ ~, ,, ,~ ,, ~~ ~ .~,,;~ i~ , ,, ~ , Q~ d~ ~ ~,~~, , ~ ~ I ~,Y _ . ~ d a ~ ! ~I~~ ~/ ! , F_ ~~ ;A~ ~~ yy OJ ~ ~~~ ~ , ~ ~ ~~'~ Kev N - - - Study Area ~ District 1: Neighborhood Transitional ---- City Boundary ~ District l.~Village Center - • - Existing Parce! Lines District 3: Active Urban Gateway Opportunities ® pedestrian-Oriented Uses on Ground Leve! ^ ^ ^ Main Traffic Corridors ~ I ^ ^ ^ Local Access Streets (existing & newt a Existing Office Uses eoP ^ ^ ^ Central Street Corridor J '~o Open Space/Pedestrian Linkage Component ^ ^ ^ Main Street ~ ~ I,SOOft. Radius Walking Distance a zso soo er ^ ^ ^ Alley Street with Pedestrian Orientation ~~ elayofsansmAnm Metro East Public Realm Amenity Plan ~;~ 75B-161 Proposed Easements BY allowing for greater easements, this plan provides an opportunity to create a walkable environment and a friendly pedestrian atmosphere. '- CABRIllO PARK T_---r ~---_ -f- L-~ f --- ~-~~-'--r--'-' ~ ll Ir r_ i ~ ~ f I ~ _ _ _ J J J + ~ 1 i ~'~~ ~ ~~.i~.~r ~~._, -~.~.~_~~_ el ~t I' E`srR~sT-I it _PAR~IB~GFT PL 1 ~~`--~ I` L' 7 ~..-:.-:. ~ ~..... I _.. 1 i ~ \ /, ~~ I I ~ i a, I~ 1 ~ I ~ --I ~ ~ ~r~ I ~ r~ ~~ ' I',~ I l~ i~ ~ ~ iI "' Igo ~ ~~ ~ 1__~___~~ ~ ~~ ' -~- --.~~ Y~----~- -~~J ~ - - n -- I i - - ' ` .,. 1 ----~ ,~ -_ --.- , ~. _ ~_ - ~; I V ~ ~.~ __ 1 __ _ -- 1 ~- _ J ---_ '' I I ~ r 1 ~ ~~ ~ ~~ Zp ~~ -~~ ~ ~ - ~. , {-_.-~-~ -~ FI = _~~~ y~ ~_ _-.- __ _-__ RST ST. ~ .yam ~ -T- ".. __ - Kev - - - Smrh' area - - - Sethach /.nux -•-- C'ilr Nauudnn' _.____'' !'.ria~nnp.Snxaue --- G.ci.v7Hrg Pnrrel Lrne. ~ : klditiwru! tiethaclr Lireenrerrtc PrJrNe Open Spncr Notes Minimum 35,000 SP of public open space including roads shall be created within this area. NEW and EXISTING Dimensions from Center ~ ~ of Right-of-Way. N ~ ISf a%, I' r n,,,,l-~„~,~~ i,~„ \Ir~u'o l:a<I 1'ublir kr~:dm _Ainr~nin I'I:In 3~ 75B-162 Improved Condition Base Map Street Trees Consistent street tree plantings throughout the district provide a coherent visual identity and an attractive streetscape for visitors, workers, and residents. CABRILLO PARK ~ v o o _ a s e' - e •t l~~ e a ~~ - __~ ~1- '"~ ~ ~, ~, a; ~ ~ .~I .~a... ;: ; ~ ~ ~ i G III ~i I '' ~w9 ~, ~ F 'iQ iilSd' Y ~ ~ ~~ ~~ \ I ¢' ~ w I r I ~'' 1 ¢ 12. ~',. \ I~R~ 1 y I , ~~ t 9T ~\ I»~ i1P _r19~-: ,.- ~ FIR: ,~~ ~- - ~ W~~DN-f.1D0(3DOL1D0li~6-.O-D ilLar. Q- W ~ ~ '~ ~,~ ~, Key - - - Study Area ~ Existing Street Trees ---- Clty Boundary Existing Pa/m Trees • - - - Setback Lines • New Street Trees Notes: • New street trees shoultl average 30' on center. • Flowering trees at medians create seasonal color. N 0 150 300 F7 ~~°fS""`°`'"" Metro East Public Realm Amenity Plan 3`' 75B-163 Improved Condition Regular pedestrian street lighting throughout the Base Map district increases night-time visibility and safety for Pedestrian Street Lighting Pedestrians. ti --`'-' ~ ~' CABRILLO PARK o II I .,I I' I 11 ~ I I I O r7 0 v o ~ I iii ~ : Q ~.', e ..qe,. ~. ~J ~- E 6TH ' I I I I - ' ~~ °~~" lam... n.. PARIQT PL. -~~ o NEV~i b°THEE ~ SL I ~'i I i~'~. I I. ,I ~ ~... pI~ it 0 ~ ~ I I I i ~~, i I- .I~ poll I ~, II. III. ,{.; .~ . ~~\ ~ hwl ~.~i IP~. y i i ~\t ~~ ~~B ~ i ~ I I I"Y~ ~~ .r I 1 I la O1~ 1• ~ I i __ f ,~.~ ~~. I).j ~~ ~~t ~~ ~,~ r ~~a''. ..--. - .--~~ ~ II I ~ 1~p~~ --------- ~i iL ~° °I I I ~I ~ III ~ -- ~-.^ ~I ~ ALLEY .I ~ ~ . 1 -~ 1 _ ~i I II -- ~ ~ i~' 1 i>R i° .j iI ~ , ~ r' o - - I. ~ - I~ I~ i ~ ~~ I \!~ ~ ~ ~ h .I ~ ~~I; ,~ ~_'~__ - .- B '~ .~~ ~ ~ ~ B 'fr. to a .. . _ . -~9~\ ~ F -. '. - 3 -_ FIRST ST ) _ ~-~Lr S~ -~:~ r 5..1-~"- Sri-~`-i 5--..e~~+e ~ -~ i \ ~~ d(~- Key N - - - Study Area © Bus Siops (Routes 64 & 71) o Isa saaFr ---- City Boundary O New Pedestrian Street Lights - - - • Setback Lines Notes • Pedestrian lightpoles in the Central Area every 60 ft. aryofsa„ ran~a Metro East Public Realm Amenity Plan 33 75B-164 Improved Streetsca.pe District signage and flowering trees mark Fourth Street Typical Plan and Seciion as the major gateway into the district. Improvements: ^ District signage & identity with flowering trees at remainder of median ^ 10' vs. 8' sidewalk . 5' parkway at curb Infill: ^ Magnolia Grandiflora or similar at t 30' o.c. along sidewalk ^ Pinus Canariensis or similar °: at t 30' o.c. on median ^ Pyrus Kawakamii or similar ' at t 30' o.c. on median pt /' _ ,, f;', .~vir '~`s :, ~;«' Pyrus Kawakamii Pedestrian Light Poles: Alternafrve 1 Alternative 2 Gateway Condition scale: 1 "=25' ct`y°fs""`aa"° Metro East Public Realm Amenity Plan 3."~ 75B-165 Improved Streetscape Typical Plan and Section Improvements: • 10' vs. 8' sidewalk • 5' parkway at curb . New pedestrian light poles of s ± 60' o.c. along sidewalk Infill: . Magnolia Grandiflora or similar at ± 30' o.c. along sidewalk ^ Pinus Canariensis or similar at t 30' o.c. on median Pedestrian Light Poles: Alternative 1 Alternatve 1 ~\ Wider sidewalks in conjunction with the parkway enhance the overall quality of the urban environment for both pedestrians and automobiles. Central Street Corridor Scale: 1 "=25' cayofsan~oaaQ Metro East Public Realm Amenity Plan 75B-166 Magnolia Grandijlara Improved Streetscape Typical Plan and Section Improvements: ^ One lane in each direction with parking on both sides ' ^ 8' sidewalk ^ 4' parkway at curb ^ Pedestrian light poles at ± 60' o.c. in line with trees Infill: ^ Ligidambar or similar at ± 30' o.c. along sidewalk Pedestrian Light Poles: Alternative 1 ~ Alternative 2 Decorative paving and pedestrian scaled lighting place an emphasis on the walkable nature of the district. Secondary Local Access Streets Scale: 1 "=26' a~yofsaneaana Metro East Public Realm Amenity Plan ~"'., 75B-167 Liquidambar Proposed Streetscape Typical Plan and Section Improvements: • 8' sidewalk ^ 4' parkway at curb ^ Pedestrian light poles at f ' 60' o.c. in line with trees Infill: ^ Leptospermum or similar at " ±30' o.c. along sidewalk ^ Pyrus Kawakamii or similar at±30' o.c. along sidewalk Pedestrian Light Poles: Alternative 1 Alternative 2 ' .~ ~~ Greater allowances for the parkway provide a physical buffer between pedestrians and automobile traffic. In turn, this buffer increases the comfort level for pedestrians. Main Traffic Corridor Scale: 1 "=25' c«yofsan~aAna Metro East Public Realm Amenity Plan ' 75B-168 Leptospermum ; Proposed Streetscape A variety of trees located at the curb and the median Plan and Section give the street a diverse range of colors and textures as the seasons progress. Improvements: ^ 8' sidewalk ^ 4' parkway at curb ^ New pedestrian light poles at ± 60' o.c. in line with trees `. Infill: ^ Platanus or similar at ± 30' o.c. along sidewalk . Pyrus Kawakamii or similar s at±30' o.c. along median ' ^ Lagerstroemia Indica or similar at±20' o.c. along median ~~ y" Pyrus Kawakamii Platanus Pedestrian Light Poles: Alternative I -r--~-- Alternative 2 '.r . L_ I Local Access Street Scale: 1 "=25' c[yof sartafina Metro East Public Realm Amenity Plan 75B-169 I, it-o" I aro° ~ ar-o" I it-0^ I Proposed Streetscape Typical Plan and Section Improvements: ^ 15' decorative paved sidewalk ^ Pedestrian light poles at t r 60' o.c. in line with trees Infil I ^ Koelreuteria Bipinnata or similar at±30' o.c. along sidewalk Koelreuteria Bipinnata Pedestrian Light Poles: Alternative 1 ': Alternative) '': Generous decoratively paved sidewalks provide a textured surface and visual appeal for the area. Typical Main Street Scale: 1 "=25' c«yofsan~aAn° Metro East Public Realm Amenity Plan 75B-170 isa^ i, zr-0^ I. zz•a^ I is•-a' I Proposed Streetscape Located between First and Fourth Street, the Typical Plan and Section pedestrian-oriented street creates a natural gathering place for the community. Improvements: ^ 3T decorative paved street with pedestrian orientation ' . Bollards 5' from one-way alley at ± 10' o.c. ^ Pedestrian light poles at ± 60' o.c. in line with trees Infill: • Koelreuteria Bipinnata 21' from curb t 30' o.c. 0 3T-0" .26'-0" O o - ~6'-0" .5- O Pedestrian Light Poles: Alternafrve 1 Ci i ~ _ Alternative2 Pedestrian-Oriented Street Scale: 1 "=25' cityof santanna Metro East Public Realm Amenity Plan ---...___ -__._ :a~ ~ ~. 75B-171 Koelreuteria Bipinnata Metro East Public Realm Amenity Plan Cost Estimate METRO EA6E MIR(JC REALM AMENTY PLAN UNIT CO.SL ESTMATE R AMENITY IMPROVEMEMfi ~ Nu1r0e of nt MP T e ~t 4 ~ NOtu (N) Rwtrwrys (ecquuRlOn) coat Df tlwelppment (N) Rutlwe9w (cautmttbn) cost of development (N) SuemSU (ecqu4hbn) cost OI tlevelopment (N) Ske-Yu (rn1%tuttbn) cast Pl tlevelapmanv (N) PNW 9tleenYS @ GoWw CInJe DXW square tee[ Sl6 35,000 $560.000 (N) Pewtl SaeM1w K (N) ANy - cost of tlevebpment (N)PUdk Opu Spea (eWUWUDnJ square feet 8125 43,500 f6,43]s00 ea pup:M1aee of appmbmately One ane of new gpenspace In dlstnct (N) Publk Open Sped (6aNVaW eM wfuope) squre feet $20 43,500 $B>O,D00 imvrwemem al one acre of new open space (N7 Perbuys (lutlecepe ImDrwemwul - crst of tlevelopment Metieu (Mldenpe wtl epfuupe improwmenu) square ire[ 46 23sOD 8141,000 IMpubn square tee[ 33 23,SOD S]g500 albwance (N) Tree (evelRnan, tleWUOUS, mtl flowatllyf) eacM1 EI,ODD 600 $800,000 (N)ine GUew uA 51,000 100 8100.000 GOltlen GTlP give Only (N7 Tree Gnus eacM1 51.000 100 5100,000 GDltlen Gpck Gdve only (N) Pad-vMn Sbw[ uph[inp / Pdu eacM1 $3,500 2]3 4962,500 (N) aolbru each 8]50 200 4150,000 (N) TnaM1 Renputlu eacM1 5]50 I0p S]s,ODO (N) RencM1U eacM1 81,250 100 $125,000 (N) &rycM RacMe eacM1 51,250 100 4125,000 (N) NewapaPor RacMi eacM1 E1,OOD 20 520,000 (N) Rus 6Mhen eacM1 S3D,000 ] 5210,000 allowance (N) WeyllMliq / OMtYrt Memhy eacM1 4250.00000 5250,000 albwance Gateway MOnumema eacM1 425,000.00 2 850,000 albwance water Futuna / EDUmaln each SsD,oao.DO a szoo,ooD albwance sphepm unh ca.n s1D zafi soD bdutles convenor D 6 P Cnntln0enry @ 20% 52 049 300 EIgRMenlq mtl Oeplpn @ 5% 56t 4 ]90 CeMmRlnn Manaapemem @ 5% 5619 ]90 Subtoul Mmw Eric PuElic ReM Amenhy Ooeu 813 525 300 Ammo Infletlon OuMR Prpjxx Ourrtlon @ 20% 82 ]050]6 Mew Emt Pupllc Rulm Ameni[y Cmfa 16 230 456 Gti[ynfsantaAna Metro East Public Realm Amenity Plan 75B-172 SEVENTEENTH ~~ r u f ul-J~JL~ + ' ru -_,,.. R r,5 Li ~ " L5 m,._.. I I C4 i -•,~ - C5 i f ~ a . r R4 ~. RI E R1 C5 Ri - R1 ,: Rt qve ~mi r - l w } R1 rf W I C5 "'" R1 Q R1 ~~r~R1 ~ RI cs e R1 Ri k -xf e R4 R1 Ri R' ST. rl-~ ~ tnN Sr + C5 sa_r CS F Ci It-B 3 R4 r_ _ I I ' I I s 1~4 PRQ 3 R4-PRD W I --'~, a S ~'-, , rv ~ w. .. ~ _.. __._".__.- t R1 f __ _ ___ Rt-Peo '~S _ ~ Ris 7 Rt ° ___ _ - - - __ i ~r r~' q i P - $,q ai I`_ iia6r Rt YRl ~R1 Hqt ~ R3 s,. I P, I h f+ c n q ANq t _~0, ~ ,~ ~ r .. ' I J ~.,, q r ~ PRo ,. R L..R1 0 ~ R1,,. Ri 0 On SD-21 RII R1 " R4 p 'C w fl1 9~F R1p I Ri rr, .. R1 9p a P-021-F _' u P-021-F S a' ~. d R1 R1 R1 w. ~ n U 3 P-0Z1-F P-on-F Z ~I s' ~ r ~~ P-021-F o P P-OZt-F Z C1 f 0 P.. P'~ a R j~ P ~ 7 ~ --_ ___ __ .o sr ~Z P p .~ -inn P p p _.. ",,.-. r r _ „.`"'~ P OZi-F P-OZI-F ~ ~ fl2 g R2 R2 H2 rq ~ `~' M7 SD-54-_ Y Pon F" I~ C2 R2 1.:.:. OZ1 i qz e s ° ~ Rz R2 C2 0 " crty or R2 >~ ~C2 ~ "' i CS OZl-F "x ~ C1 OZt F ~ rusty + s~~ f-l~C~'hR + ~sz- ^~ r, sq s_a FIRST ST. ' , ' SECTIONAL DISTPICt MAP Bb-9 ADOPTED BY THE SANTAANACRY COUNCIL, MgRf,H T. 1959 BY ORDINPNCE NS-3G3 FEET At GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT 60. EWO MIrvIMUM LOironREne -B PARKING MOOIFlCATION -F RCOR AREA RATIO PRU PLANNED RESIDENTIAL. DEVELOPMENT C1 COMMUNITY COMMERCIW- GC GOVERNMENT CENTER Po SINGLE-FAMILY RESIDENCE mvs unrNn~e orncw secrrorvu mefgwl MnrvaFrxe c'rtv of scan uu. C1'MD COMMUNITY COMMERCIAL~MUBEUM DISTRICT Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE n. e~ew,wmn gvnrvcnume _ G2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL qB MULTIPLE-FAMILY RESIDENCE s f rrorv w.redas. onso rvfsni eeHeAr nnest tHnt rels ue9lsnfnue C3 CENTRAL BUSINESS MO MILITARY OPERATIONS Rd SUBURBAN APARTMENT oarvuc sfcnowfclsrwcr C3-A CENTRAL BUSWE55-ARTISTB'VILLAGE U OPEN SPACE qE REGIDENTIAL ESTATE rrvo. e~sa C4 PLANNED SHOPPING CENTER -0Z OVEFlLAY ZONE SD SPECIFIC UFVFLOPMENT sprca fnruinw - C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN rurvrviini~ooEiiunc n~evcr CR COMMERCIAL RESIDENTIAL PCO PLANNED COMMUNITY DEVELUPMENT PREPARED BV 'I"HE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA v~B173 -J Ix~ I I FIRST I U Innx C2 ~. M1 .~2 _-rs C2 R1: SECTIONAL DISTPICi MAP 1183 ~ ~ , ADOPTED BY THE SANTAANACITV COUNCIL J ULY 21, 1958 RY ORDINANCE NS-33P 66- IrvIMUM moNinCF G006 MIrvIMIIMIOT Waco Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRIC T PD PLANNED DEVELOPMENT -B PARKING MODIFICATION ~F ROOR AREA RATIO PR D PLANNED RESIDENTIAL DEVELOPMENT rws M<PUw[oFFx:uLStcnorvnl CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE ols;ma Mm~onrrn:rtvorsnxm nw,. CLMD COMMUNITY COMMERCIAL-MUS[UM DISTRIC T M1 LIGHT INDUSTRIAL R2 TW0.FAMILY RESIDENCE VrvMUV On Tmu k~l C2 GENERAL COMMERCIAL M2 HEAVY INDU$TRIAL R3 MULTIPLE-FAMILY RESIDENCE rvnLeLCirorvnwrn;lur C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT vNn. ne-e. CJ~A CENTRAL BU$INESS~ARTISTS'VILLAGE O OPEN SPACE RF NESIOENTIAL ESTATE u~~.e C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE 9D SPECIFIC DEVELOPMENT Mn FFVInF: CS ARTERIAL COMMERCIAL P PROFESSIONAL SP $PF.GIFIG PLAN Fumim.xewoW;. n;.e_..v CR COMMERCIAL RESIDENTIAL PCp PLANNED COMMUNITY DEVELOPMENT eFSUw;A m wFn w • • ~ • • r PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 75B-174 KO- 3/13/07 RESOLUTION NO. 2007-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO MODIFY THE LAND USE ELEMENT AND THE URBAN DESIGN ELEMENT (GPA NO. 2007-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. B. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 3. Adopt a resolution approving General Plan Amendment No. 2007- 01. C. On February 26, 2007, the Planning Commission continued the following actions to the March 12, 2007 meeting: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- Resolution No. 2007-027 Page 1 of 5 75B-175 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. D. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. E. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On March 19, 2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. General Plan Amendment No. 2007-01 has been filed with the City of Santa Ana to: 1. Modify the Land Use Element as follows: a. Creation of the Metro East Mixed Use Overlay. b. To increase the Floor Area Ratio (FAR) of the property located within the Metro East Project Area to 3.0. 2. Modify the Urban Design Element to incorporate Metro East District. H. The Council finds that General Plan Amendment No. 2004-01 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Land Use Resolution No. 2007-027 Page 2 of 5 75B-176 Element Policy 2.4. 4. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Land Use Element Policy No. 2.8. 5. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 6. Support land uses with provide community and regional economic and service benefits Land Use Element Policy No. 4.3. 7. Encourage the development of projects that promote the City's image as a regional activity center. Land Use Element Policy No. 4.4. 8. Encourage development of employment centers and mixed use projects within targeted areas adjacent to major arterial roadways and freeway corridors. Land Use Element Policy No. 4.5. 9. Target area in the City for the creation of new housing units and opportunities for all segments of the community. Housing Element Policy 4.1 10. Encourage a balance of land uses that promote livable communities. Housing Element Policy 6.2 I. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. J. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that the Metro East Mixed Use Overlay is consistent with the purpose of the general plan. K. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007, and was approved and adopted by resolution at that hearing. At the March 19, 2007 meeting, the City Council also adopted; adopted an ordinance approving Zoning Ordinance Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; and adopted an ordinance approving Development Agreement No. 2007-01; and a resolution Resolution No. 2007-027 Page 3 of 5 75B-177 approving Site Plan Review No. 2007-01 and Tentative Tract Map No. 2007-01 (County Map No. 17069). This resolution incorporates by reference, as though fully set forth herein, the ordinances and resolution and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council hereby, approves General Plan Amendment No. 2007-01. The pages changed in the Land Use Element (Exhibit A), and the Urban Design Element (Exhibit B) are attached hereto and incorporated herein by this reference as though fully set forth. Section 3. This resolution shall not be effective unless and until Ordinance No. NS-2740 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 4. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney sy: Kylee O. Otto Assistant City Attorney Resolution No. 2007-027 Page 4 of 5 75B-178 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 the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007-027 Page 5 of 5 75B-179 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2007-01 (adoption date), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-O1 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-O1 (February 18, 2003), GPA 2002-O1 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000- 02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). EffiiIBIT A 75B-180 LAND USE ELEMENT Land Use Policies Goal 1.0 Promote a balance of land uses to address basic community needs. Policy 1 .1 Promote medium density housing in and around the downtown area. Policy 1.2 Support high density residential development within the City's District Centers as a part of a mixed use development. Policy 1.3 Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Policy 1.4 Support development of single-family residential lots on a minimum area of at least 6,000 square feet. Policy 1.5 Maintain and foster a variety of residential land uses in the City. Policy 1.6 Support "live/work" opportunities within specifically defined areas. Policy 1.7 Support open space in under served areas. Policy 1.8 Encourage the development of commercial and nonprofit recreational facilities and services. Policy 1.9 Coordinate street and parkway designs that are attractive, functional, and compatible with adjacent on- site development. Policy 1 .1 0 Encourage the location of commercial centers at arterial roadway intersections in commercial districts. Policy 1.11 Support the location of regional governmental facilities in the downtown and Civic Center areas. 12 Revised (Apri12007) 7 rJ B-181 LAND USE ELEMENT LAND USE PLAN The Land Use Plan is comprised of three components that direct and regulate land use in Santa Ana. These include a Land Use Map, development intensity standards, and adopted Specific Plans. These key components establish a framework for land use and development in the City. The Land Use Plan indicates the location, types, and extent of development and land uses throughout Santa Ana. It consists of a map which designates land use categories and their relative location, as well as development intensity standards for each category. The Land Use Plan is further supported by Specific Plans which correlate to the Land Use Plan. Development Intensity Standards As required by State law, the Land Use Element also establishes standards for development intensity. These standards ensure that the types of development permitted under each land use designation are well understood by the property owner, decision-makers, developer, and the general public. Development intensity refers to the size or degree of development possible within a particular land use category. The development intensity standard used for nonresidential development is floor area ratio, which is the ratio of the building's floor area to the total area of the lot on which the building is located. The development intensity standard for residential developments is "units per acre" which is a measure of the number of units allowed for each acre of land with the exception of Metro East District Center. To encourage a dynamic mixture of residential, office and commercial uses, within the Metro East District Center area both building intensity and residential density is based on floor area ratio and overlay zone development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Revised (Apri12007) 17 ~ ~ ~ _ ~ A w - o~ ~ a ~, - = x a w o-z - x ~ p ~ ~ g z - E - ~ 0 0 0 p~ x~ o Q 6~ ~ ~ nn f ~ ~ o ~~J~p~®0~~0~ _~~ 75B-183 LAND USE ELEMENT To effectively achieve the broad range of goals outlined for the City's future LAND USE PLAN growth and development, a variety of plans, programs, and regulations must IMPLEMENTATION be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. Development Intensity Standards Table A-1 summarizes the development intensity standard for each of the General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in "units per acre," or floor area ratio and overlay zone in the case of Metro East District Center. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 Development Intensity Standards Land Use Density/Intensity Standards Residential Land Use Designations Low Density 7 d.u./acre Low-Medium Density 11 d.u./acre Medium Density 15 d.u./acre Residential/Industrial' 15 d.u./acre/FAR 0.45 District Center' 90 d.u./acre Metro East District Center FAR 3.0 Commercial Land Use Designations Professional/Admin. Office FAR 0.5-1.0 General Commercial FAR 0.5-1.0 District Center FAR 1.0-2.0 Metro East District Center FAR 1.0-3.0 One Broadway Plaza District Center" FAR 2.9 Industrial Land Use Designations Industrial FAR 0.45 Residential/Industrial FAR 0.45 Other Land Use Designations Institutional FAR 0.5 Open Space FAR 0.2 Note: d.u. -dwelling unit; FAR -floor area ratio 'Residential development is also permitted in the Residential/Industrial and District Center land use designations. "Residential development is not a permitted use. Revised (Apn12007) A-,~ 5B-184 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. The basic character of these corridors is not expected to change significantly during that time. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas-the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street-allow mid-rise and hi-rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A-2 and are shown in Exhibit A-4. The floor area ratios indicated in Table A-2 are the maximum building intensity allowed for development. All properties are subject to compliance with the development standards of the underlying zoning district or overlay zone, and are not guaranteed to achieve the designated intensity. The floor area ratio standard should therefore be interpreted as a maximum intensity standard, and not as a development right. When calculating the square footage allowed for a proposed development, no upward rounding is permitted in determining the final permitted intensity. Likewise, no upward rounding is permitted in calculating the allowable number of residential units. For example, a calculation yielding a permitted density of 12.7 units for a given development site, means that 12 units are permitted. Revised (Apri12007) A-13 75B-185 LAND USE ELEMENT Table A-2 Key Area -Floor Area Ratios Area ProjecUArea FAR 1 MainPlace 2.1 2 Main Street Concourse 2.54 3 North Main Street 1.5 4 North Broadway 1.0 5 Museum District 1.5 6 Hutton Development 1.0 7 Civic Center Specific Dev Plan 1.0 S Midtown Specific Plan 0.5-1.0 9 Civic Center 1.0 10 Downtown 2.0 11 Orange County Register 1.15 12 Xerox Center Dev 3.29 13 First Streetlrustin Avenue 1.0 14 Bentall Center Dev 1.5 15 2720 Hotel Terrace Drive 1.0 16 1951 East Carnegie Avenue 0.55 17 4040 West Carriage Avenue 0.47 18 Lake Center Dev 0.72 19 South Coast Metro 1.0 20 MacArthur Place 2.0 21 Hutton Centre 1.0 22 Pac Tel Office 1.5 23 Metro East 3.0 Revised (Apri12007) Source: City of Santa Ana, 2004 The use of floor area ratio as a development standard allows a high degree of flexibility in both the location and design of a structure. The benefit of this flexibility to the City is the possibility for the provision of more open space on a site without reducing the total square footage of development. The following guiding principals apply to the floor area ratio definitions: . Floor area ratio refer to the gross floor area of a building divided by the gross lot area upon which it is located. • Surface parking or parking structures are not included in the building area to calculate the floor area ratio. A-14 75B-186 ~ ~ n o 0 0 0 o ~ - pjf fl ~~ ~ Q f e V Q - ~ C~ L CC ~ E~ q LL ~ Q W ~ ~ ~ ~ Q G $ ' ~ P m E q ._ - y ~ o 0 ~. . x ~ - ~' € N a= ~ ~~~ ~ LLV P c \ e ~ o $ i i ~~~ a® ~ A ~ ~~~ n o t _ __ ,,. ~:, 75B-187 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 410 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple- family development projects. • The Residential /Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this 18.5-acre area has developed with a mixture of residential and industrial uses. • The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project. In the Metro East District Center residential density is based on a maximum 3.0 floor area ratio and the overlay development standards. This category includes approximately 427 acres and is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 621.5 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue Revised (Apri12007) 75B-~-'~8 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,108 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. A-19 Revised (Apri12007) 7 rJ B-189 LAND USE ELEMENT The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid-town area which has an floor area ratio of 1.0. District Centers The District Center (DC) land use designation includes the major activity areas in the City. Five areas of the City, totaling 426.7 acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1 .0 to 3.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within most District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned, mixed-use project with the exception of the One Broadway Plaza District Center. Metro East District Center is unique in that residential density is based on a combination of floor area ratio and zoning overlay standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place District Center includes a regional shopping center and office complex. Additional high intensity mixed-use development is programmed for this district. Revised (Apd12007) 7~-190 LAND USE ELEMENT • The Museum District located between the Downtown and Main Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. • The Downtown Central Business district serves as one of the County's major employment and governmental operations centers. • The South Coast Metro area serves as a regional retail shopping area which includes a range of commercial services and office projects. • The MacArthur Place District Center contains an existing office/hotel complex and a proposed major mixed use project which will include professional offices, supporting commercial, and mid and high-rise residential components. • The Metro East district is envisioned as a vibrant urban village with a balance of office, residential, and service uses. Pedestrian and transportation linkages are key in this urban setting. District Centers are considered to be the City's "major development areas." The most intense development in the City is targeted to these areas. The Tustin Avenue corridor is a major development area even though it is not a designated District Center. This area has developed over the years as a prime office corridor and employment area. The PAO designation facilitates the continued development of this area with high intensity, high quality regional office projects. One Broadway Plaza District Center One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. '''~ ~~ ~~~ ~~ ,, ~: 75B~81 Revised (Apol 2007) LAND USE ELEMENT Zoning Code The City's Zoning Code outlines development standards for buildings, site size, height, setbacks, lot coverage, minimum unit sizes, landscaping, parking, signs, fences, and other features. Table A-3 compares the zoning categories with the land use designations in the Land Use Plan. Table A-3 Correlation of Land Use Designations and Zoning Districts General Plan Land Use Corresponding Zoning Districts Designation Low Density Residential Al -General Agriculture RE -Residential Estate Rt -Single-Family Residential Low-Medium Density R1 -Single-Family Residential Residential R1-4000- Small Lot Single Family Residential Medium Density Residential R1-4000 -Small Lot Single Family Residential R2 -Limited Multiple Family Residential Residential/Industrial R2 -Limited Multiple Family Residential M1 -Light Industrial M2 -Heavy Industrial Professional/Admin. Office P -Professional SD -Specific Development OZ -Overlay Zone General Commercial District P -Professional C1 -Community Commercial C1-MD -Community Commercial/Museum Dist. C2 -General Commercial C4 -Planned Shopping Center C5 -Arterial Commercial CR -Commercial Residential SP - SD-Specific Development SP -Specific Plan OZ -Overlay Zone District Center P -Professional C2 -General Commercial C3 -Central Business C3-A -Artists Village C4 -Planned Shopping Center CS -Arterial Commercial CR -Commercial Residential SD -Specific Development OZ -Overlay Zone Industrial M1 -Light Industrial M2 -Heavy Industrial SD -Specific Development Institutional O -Open Space GC -Government Center Open Space O-Open Space Source.- Santa Ana Zoning Ordinance, as amentled Revised (Apri12007) 7~SB-192 LAND USE ELEMENT Other Implementing Tools and Plans As indicated previously, a number of adopted plans will continue to be implemented over the "life" of this Land Use Element. These plans are summarized below, and described in further detail in this Appendix (Relationship to Other Plans and Elements). • Santa Ana Redevelopment Plan -This plan, consisting of 694 acres was adopted in 1973 to revitalize the downtown area, improve traffic, re-establish businesses, and stimulate private investment. • North Harbor Boulevard Redevelopment Plan -Adopted in 1982, the Plan covers 470 acres along Harbor Boulevard. A Specific Plan has been adopted for this area which outlines future development, as well as design standards for new development in the area and proposed infrastructure projects. • Inter-City Commuter Station Redevelopment Plan -This plan, also adopted in 1982, focuses on 525 acres designed to provide for the development of a commuter rail station, and to promote supporting uses. • South Main Street Redevelopment Plan -The plan covers 1,500 acres in one of the primary commercial districts of the City. • South Harbor Boulevard/Fairview Street Redevelopment Plan -This 1,085 acre plan covers a key industrial area in the vicinity of Harbor Boulevard and Fairview Street. • Bristol Corridor Redevelopment Plan -The plan, which encompasses 781 acres, promotes the redevelopment of the Bristol Street corridor of the City. • Enterprise Zone - A 7,000 acre portion of the City of Santa Ana was designated by the State as a California Enterprise Zone in 1993. This designation provides businesses with State tax incentive programs designed to promote new business development, and growth or expansion of existing businesses for revitalization of the economy of the zone. • Metro East Mixed Use Overlay Zone -This overlay zone stretches over 200 acres located just north of the confluence of the Santa Ana Freeway and Costa Mesa Freeway. The overlay zone allows the introduction of a high-intensity, mixed use urban village within a previously developed office environment. Revised (Apn12007) A 27 75B-193 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 8,783 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 65,266 to 83,371 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 55,542,101 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (Apri12007) 7v~-194 Amended Table A-4 Land Use Plan Build-out Capacities Intensity/Density Effective Theoretical Land Use Acres Standards Build-outs Build-out Mixed Use2 Metro East Residential DC 103.5 ac. FAR 1.0-3.0 5.551 d. u. 5,551 d.u. SubTotal 5,551 d.u. 5,551 d.u. Metro East Commercial DC 3,245,185 s.f. 3,245,185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 443.1 ac. 11 d.u./ac 4,875 d.u. Medium Density Residential MR-15 410.0 ac. 15 d.u./ac 6,150 d.u. Residential/Industrial3 R/1-15 9.2 ac. 15 d.u./ac 138 d.u. District Center, DC 35.9 ac. 90 d.u./ac 3.232 d.u. SubTotal 7,372.6 ac. 77,820 d.u., 59,715 d.u. Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13,536,270 s.f. 27,072,540 s.f. General Commercial GC 1,108.3 ac. FAR 0.5-1.0 24,138,121 s.f. 48,276,241 s.f. District Center4 DC 323.2 ac. FAR 1.0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctrs OBPDC 4.3 ac. FAR 2.9 543,193 s.f. 543.193 s.f. SubTotal 2,057.3 ac. 52,296,916 s.f. 104,050,639 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential/Industrial3 R/I-15 18.5 ac. FAR 0.45 180.926 s.f. 180,926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Institutionals INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f Open Space OS 1,019.0 ac. FAR 0.2 8.877,876 s.f. 8.877.876 s.f SubTotal 1,831.6 ac. 15,956,899 s.f. 26,575,433 s.f Notes: Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,783 units possible in the District Center with the existing 74,588 (Census 2000) housing units. zThe Metro East District Center allows a range of intensity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zone development standards. stand use designation permits both residential and industrial development. Build-out assumed 50% of the land area will be developed as residential and 50% as industrial development. aLand use designation permits both residential and commercial development. Build-out assumes 90% of land area will be developed as commercial and 70%will be developed as residential. FAR -floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-of-way. sEffective capacity assumes FAR of 0.2 stand use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. A-31 75B-195 URBAN DESIGN ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted July 6, 1998 This document includes revisions to the Urban Design Element from GPA 2007-O1 (adoption date TBD) and GPA 2004-01 (April 5, 2005, as passed 6y the voters of Santa Ana). EXHIBIT B 75B-196 ® Landmark ~ Minor Path ® Node District © Major Path Existing City Form Map Exhibit 3 eeNSed APril200] 756'197 URBAN DESIGN ELEMENT A pedestrian oriented Districts tend to be smaller and better defined near the city core. These characteristics tend to be less evident, the further away the district is from the city center The older residential districts, located near the downtown center, serve as the fundamental basis for Santa Ana's existing urban form. The exception to this however is Santa Ana's newer commercial and mixed use districts: Main Place, South Coast Metro, Metro East, and MacArthur Place. Neighborhood associations have been formed throughout Santa Ana, and their creation is based on characteristics such as geographic location and ease of association. Most organized neighborhoods have development patterns similar to those found in adjacent neighborhoods. For example, Bristol Manor has similar street lights, lot sizes, subdivision patterns and building scale as the adjacent Wilshire Square. Although neighborhoods generally tend to be cohesive in architecture form, they may also be socially and politically organized. These neighborhood associations create perceived districts even though they are not necessarily defined by physical boundaries that would set the neighborhood apart from nearby neighborhoods. Floral Park and West Floral Park are separate neighborhood associations. Even though they are technically separate, they are more visually located in the same urban design district. Park Santiago or Riverview West are examples of where design districts and neighborhoods are the same. Paths community has an Paths are the means b which eo le travel throw hout the Cit includin averege 1/4 mile walking Y p p g Y g distance between transit freeways, streets, walkways, and bikeways. Another important function of stops and the core paths is to create linkages between districts, nodes, and other destination commercial area points. These linkages maybe strengthened by view corridors associated with landmarks, natural features, and open spaces. Key urban design issues related to "paths" include the following • Paths include freeways and main thoroughfares and serve as the framework for the City's urban form. Two of these streets, Main Street and First Street, also serve as the "axis" for the City's street numbering system. These roadways are the primary east-west, and north-south transportation routes, intersecting at the heart of downtown Santa Ana. Revised (April 2007) ~ ~ ~ _ URBAN DESIGN ELEMENT • Avery positive feature of many paths in Santa Ana is their ability to communicate, to travelers and pedestrians, the identity of the districts they traverse. These paths convey a better sense of place and facilitate the creation of a strong city form. This is due, in large measure, to the unique cultural diversity and historic heritage of the Santa Ana neighborhoods which are portrayed by the physical attributes and character of these paths. For example, Main Street, First Street, and Santa Ana Boulevard convey procession to the Downtown. • Vehicle circulation is given precedence over pedestrian movement in strip oriented commercial development. The only significant pedestrian path is Fourth Street as it passes through downtown. This pedestrian path has a very strong presence in the City and the community, providing a variety of amenities, such as retail shopping, office, services, and entertainment uses which complement each other and attract people. Other streets have the potential to accommodate both vehicle and pedestrian movement, especially Main Street and other downtown streets. Nodes Nodes are areas of compatible and intensive activities. Nodes typically have identifiable boundaries which, through unique design characteristics, provide a clear sense of place. Awell-defined node, containing sharply defined boundaries, is very effective in promoting unity of design, purpose, and aesthetics. Key design issues related to nodes in the City include the following: • Some nodes in the City are intended to serve as district centers as indicated in the Land Use Element; One Broadway Plaza District Center is an example. The District Center concept was developed to promote the concentration of assorted activities in specific areas of the City. Each of the district centers has excellent automobile, bus, and pedestrian access since they are intended to be destination points. • Some examples of nodes include the Civic Center which accommodates numerous government agencies; Santa Ana College, which provides a mix of institutional uses; and a number of evolving recreational nodes such as the Santa Ana Zoo and Bowers Museum. io Revised (Apri12007) 75B-199 URBAN DESIGN ELEMENT • Some locations are considered as nodes because they are anticipated to be centers of activity in the future. In reality, many of these areas currently have a weak presence and lack the activity, intensity and visibility characteristics of a node. These areas may be designated as nodes or landmarks, but they presently do not function as a node. Examples of this are the Regional Transportation Center and Metro East. Focus Intersections Focus intersections are where two major paths intersect. There are numerous areas in the City where the level of traffic and other activities intensifies because they are located where two major roadways intersect. In a number of such instances, surrounding lands uses may appropriately be developed at lower densities, even with large volumes of traffic using the adjacent roadways. Some areas however, require special attention in that they need to standout from their surroundings because of high traffic and pedestrian concentrations. Key urban design issues related to the focus intersections include the following: • The focus intersection is designed to foster and enhance the nature and character of certain crossroads in the City such as on South Main Street. Enhancing certain intersections will improve the aesthetic presence of those crossroads by creating a stronger presence and recognition on otherwise routine paths. • The architecture and development intensity at key intersections serve to create a "rhythm" along a path, thereby enhancing the City's image. • A focus intersection is intended to eliminate the visual rigidity of channel-like streets and the monotony of the gridiron pattern. The focus intersection, if properly designed, reduces the tunnel effect of the approach while reducing excessive openness perceived within typical intersections. • The focus intersection concept will take advantage of the potential observed in some intersections of the City. The intent is to highlight and capitalize on those factors which will "strengthen" the corridors. Even though the intersections under consideration are not yet clearly defined focus intersections, they may become vibrant places with strong local identity and prominence as they mature. Main Street at the corners of Warner Avenue, Edinger Avenue, McFadden Avenue and First Street are examples of opportunities for implementing this concept. Not~S ~ ~, ,..:. ~'~ ,~05 ~!6~e~ L(nGC.4E~E People want the diversity choice, and independence of the city; and the hominess and intimacy of the village. Revised (Apri12007J 11 75B-200 URBAN DESIGN ELEMENT Santa Ana's development pattern portrays a predominant concentric ring pattern that radiates from the original core of settlement, extending outward towards the City boundaries. The "urban core" includes the downtown and adjacent neighborhoods as well as the older industrial areas located near early railroads and the former Pacific and Electric right-of-way. Subsequent urbanization then surrounds the core with the most recent development, located in the southwest and northeast corners of the City. The exception to this concentric pattern is found in the west side. Development in this area is characterized by an eclectic pattern of growth with a strong orientation toward Harbor Boulevard. Santa Ana's urban form, under this arrangement, has a strongly defined downtown center with other major urban components arranged around it. There is a subtle "balance" given to the City center by nodes and gateway-type spaces. For example, Main Place Mall and MacArthur Place, located at opposite ends of the City, are connected by a "spine" or "axis" created by Main Street. This arrangement provides an excellent opportunity to enhance the City's future development pattern and has been targeted as an important goal in strengthening Santa Ana's urban form. BACKGROUND In architecture, the creation of spaces where people are present and can observe each other, is a form of mutual protection and promotes a sense of ownership of the street which is essential for urban security. Revised (Apri12007) A-' 75B-201 URBAN DESIGN ELEMENT • The Housing Element provides the policy direction for future housing within Santa Ana. The Urban Design Element, together with the Housing Element, will strive to create livable and aesthetically appropriate projects. Specific Plans and Overlay Zones Certain areas of the City are unique and these areas lend themselves to the development of a specific plan. Currently, specific plans have been prepared for three areas of the City and include the Bristol Specific Plan, the North Harbor Specific Plan, and the Midtown Specific Plan. These Specific Plans advance General Plan policies to a higher level of detail not typically found in a general plan element. These Specific Plans, as well as the Metro East Mixed Use Overlay Zone, help to implement the Urban Design Element's objectives by applying urban design principles in future development these documents govern. Revised (Apri12007) A-6 75B-202 URBAN DESIGN ELEMENT The residential district west of Harbor Boulevard and south of First Street, is comprised of remnant agricultural parcels which were developed over various time periods. The development form in the area is characterized by a variety of lot sizes, suburban style homes, and a street pattern that less compact compared to that in the east side of the City. In the southwest area, residential development is characterized by large subdivisions containing small, one story, single family post-war tract homes, arranged along a grid street pattern. Further to the south, newer, large tract homes situated on wider and less deep lot sizes, are found along streets with few parkways. Office Districts The office districts in Santa Ana have a relatively strong identity. The older development within areas consist mostly of large residential homes which have been converted to offices. This development trend has maintained the scale of the remaining residences. These older districts, located along North Main, North Broadway, and East Fourth Streets, maintain similar building scale as well as other important urban form characteristics such as landscaped front yards, mature canopy trees over the sidewalks, ornamental street light poles, parking areas located to the rear of the properties, and rich architecture. The pedestrian orientation of these districts is enhanced by a comfortable human scale. A larger office district is located along North Tustin Avenue and the portion of east Fourth Street between the Santa Ana and Costa Mesa Freeways. This area is comprised of garden and mid-rise office complexes that maintain a strong business-like character, a sense of place, and good contextual relationships. The streetscape is uniform with wide building setbacks, mature street trees and landscaped medians. Building scale and orientation consists of two and three-story structures, located behind the front yard. Taller buildings and parking lots are typically located at the rear of the property. Newer commercial office projects have been developed without entrances oriented to the street which is detrimental to pedestrian orientation. These corridors will enhance their urban presence by improving pedestrian oriented features and activities at the street level. Mixed Use Districts Mixed use districts are becoming a growing part of Santa Ana's urban fabric. These districts include a combination of residential and non-residential uses and are generally located near activity nodes and transportation linkages. These mixed use districts provide a high-intensity, pedestrian-friendly environment with employment, housing and leisure opportunities within walking distance to each other. Examples of districts that are introducing residential and commercial uses into existing office settings are MacArthur Place and Metro East. Revised (April 2007) ~ ~ ~ _ ^ A,~O URBAN DESIGN ELEMENT buildings have interesting architectural details dating from their periods of construction, including art deco canopies, fascias, cornices and storefronts. The buildings along South Main Street from First Street to Warner Avenue, are mostly one and two story structures built to the property line. This development pattern is interrupted by a few recent developments which have their buildings located at the rear of the site with the parking lot directly adjacent to the street. Building design and site development characteristics begin to change north of First Street. The urban flair is very strong, peaking in the area considered to be the financial district of Midtown, between Tenth Street and Washington Avenue. North of Washington Avenue, the building- setbacks, located on both sides of the street, varies because of surface parking lots and a few landscape strips. The southern part has the charm of a small town main street and, as it continues to the north, development is characterized by a highly urban downtown financial appearance. As it progresses further to the north, it eases back to a small scale specialty commercial area until the next major crossroads where the urban form picks up again to continue north to the Museum District eventually reaching the Main Place Mall and City Place. First Street The First Street corridor's distinctiveness is influenced by the roadway's landscaped median that gives it a special appearance. First Street is associated with the proliferation of strip commercial development lacking strong retail anchors. Some segments of this corridor do not share common features such as the landscaped median, front yard landscaping, or architectural style. Buildings next to most of First Street's major intersections exhibits various setbacks which, along with the different architectural characteristics, present a confusing visual impression. Disjointed development has led to a poorly defined streetscape as illustrated by the corner of First Street and the Santa Ana Freeway. The development of a high rise office tower tends to clash with the area's generally low rise character. The First Street corridor, which is a major form to the City, needs visual statements to create a sense of arrival and a sense of place. Seventeenth Street The Seventeenth Street corridor has been incrementally developed over the years and includes strip development and outdoor malls scattered along the length of the roadway In fact, these uses are so prevalent that they create segments of inconsistency. The entire length of this heavily traveled corridor has a tremendous potential to convey strong community images. The mixture of new and old, adjacent to one another, may provide an opportunity The challenge is to provide the goods and services demanded by people and to do it in such a way that enhances chair living environment. Revised (Apri12007) A-13 75B-204 URBAN DESIGN ELEMENT in this Element. This perception is so pronounced that it is often perceived by the community as the downtown. Nodes Neighborhood commercial nodes in Santa Ana are extremely vibrant with busy activities throughout the day; however their physical setting often lacks clearly defined form and context. These activity nodes, which are primarily strip malls, have been developed in isolation from their surroundings and they are rarely sensitive to the community's character. They often disregard positive qualities of the neighborhood they serve. The architectural characteristics that would cohesively provide a sense of unity is often weak, breaking apart from the district or the neighborhood. The lack of contextual relationships leads to poor cohesiveness between nodes and districts centers located in the City. MacArthur Place The MacArthur Place development is located in the southeast end of the City. The dynamic of this node continues to transform a predominately office setting to an urban environment where housing and services are integrated within the office campus. The southern portion of MacArthur Place, previously referred to as Hutton Center, surrounds a central lake that provides a scenic amenity with pedestrian linkages for all users. The collection of 10-story office buildings merit architectural interest, to create a strong sense of place. The perimeter of the area is characterized by landscaped setbacks and structures increasing in height as you move east from Main Street. A future mix of activities and good pedestrian and visual links will integrate the center as it develops. With the addition of the proposed high-rise residential towers and mid-rise residences framing Main Street and MacArthur Boulevard, this area will continue to be a prominent activity node within the community. A-16 Revised (Ap~i12007) 75B-205 t__J District Neighborhoods Paths: Traveling Routes ® Nodes: Destination Points i~ Focus Intersections: Local Apex ® Landmarks: Focal Points ® Gateways: Arrival Points City Form Map Exhibit 4 Revised Apd12007 1 S 75B-206 1. Trask Fairview 2. Northwest 3. North Main 4. Park Santiago 5. Cabdllo Park 6. West Side 7. Harbor Blvd. 8. Santa Ana 9. Artesia Pilar 10. WashingtorvWillard 11. Flower Park 12. Downtown 13. Broadway 14. French Park 15. Intercity/RTC 16. 4th St. Professional 17. Tustin Ave. 18. Midcity 19. Central Histodc 20. South Main 21. Eastside 22. Southeast Industrial 23. Soufh Harbor Blvd. 24. Thorton Park 25. Bristol Manor/SESide/Delhi 26. Freeway Window 27. Armstrong 28. South Coast 29. Sand Pointe 30. MacArthur P/aceMuOOn Center 31. Freeway Corporate 32. Metro East - - - City Limits Districts Exhibit 5 neNSetl APn12001 75 ~9 207 1. Main Place Mall f0. Tustin Ave., South of 17th St. - - - City Limits 2. Main St. Concourse 11. Santa Ana Zoo 3. MacArthur Place 12. Centennial Park 4. Hutton Center 13. Willowick Golf Course 5. South Coast Bristol 14. Bristol Marketplace 6. Civic Center 15. Rancho Santiago College 7. DowntowN4thSt./Artist Village 16. Regional Transportation Center Nodes 8. One Broadway Plaza 17. Metro East 9. Bowers Museum Exhibit 7 Ra~'s`°~""Z°°' 75B?~108 1. Bristol St. at North City Limit 2. Main St. of North City Limit 3. 17th St., at Tustin Avenue 4. Edinger ave. at SR-55 5. East Dyer Rd. at SR-55 6. MacArthur Blvd. at SR-55 7. South Main St. at Sunflower Ave. 8. Bdstol St. at Sunflower Ave. 9. MacArthur Blvd. at Fairview Sf. f0. Harbor Blvd. at MacArthur Blvd. 11. McFadden Ave. at Harbor Blvd. 12. First St. at Euclid Ave. 13. Harbor Blvd. at North City Limit 14. Main St. at 1-5 Freeway 15. 17th St. at 1-5 Freeway 16. Santa Ana Blvd. at I-5 Freeway 17. Fourth St. at 1-5 Freeway 18. First St. at 1-5 Freeway 19. Lossan Rail Corddor 20. Metro East - - - City Limits Gateways Exhibit 10 aeNSed APn1200] ~ ~ ~?~ O ORDINANCE NO. NS-2741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 1901 E. 1ST STREET PARTNERS, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, commencing on February 26 and continuing to March 12, 2007, recommended approval of this Development Agreement. E. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owners of the Cabrillo Towers for-sale condominium project to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. F. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. The City Council has, on March 19, 2007, approved an environmental impact report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, and the Council adopts this ordinance based upon said EIR, mitigation monitoring plan, findings and statement of overriding considerations. Ordinance No. NS- Page 1 75B-210 SECTION 2: The Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. SECTION 3: This ordinance shall not be effective unless and until all the following ordinances and resolutions become effective: Resolution No. 2007-026 (Environmental Impact Report); Resolution No. 2007-027 -General Plan Amendment; Ordinance NS- 2739 (Zoning Ordinance Amendment No. 2007-01 ); Ordinance NS-2740 (Amendment Application No. 2007-01 ); Resolution No. 2007-028 (Site Plan Review No. 2007-01 and Tentative Tract Map No. 2007-01 (County Map NO. 17069)). If any of said ordinances or resolutions are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. SECTION 4: In case of any dispute between the terms or effect of the entitlements set forth in section 3, above, and the terms or effect of the Development Agreement, it is the Council's intent that, to the extent permitted by law, the term or effect that is more protective of the public shall prevail. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Ordinance No. NS- Page 2 75B-211 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-XXX 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- Page 3 75B-212 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 1901 E. 1st STREET PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and 1901 E. 1 ST STREET PARTNERS, LLC, a Delaware limited liability company ("Owner" or "Property Owner"). 1. RECITALS. The Agreement is entered into with reference to the following facts: 1.1 Purpose. (1) The purpose of this Agreement is to facilitate the development of the real property located at 1901 East First Street in the City of Santa Ana, a 5.19 acre parcel of land that is located at the northeast corner of First Street and Cabrillo Park Drive, more particularly described in section 2.5 of this Agreement. (2) The Owner proposes to develop on the Property (defined in section 2.5 of this Agreement) amixed-use project consisting of two high-rise buildings, a 22-story tower on the north portion of the site and a 23-story tower on the south portion of the site, with extensive landscaping between. These two towers will contain a total of 374 condominium units. The North Tower will contain a maximum of 183 for-sale units, and the South Tower will contain a maximum of 191 for-sale units. In addition, a total of 8,800 square feet of commercial space will be provided for the project, with 4,400 square feet to be provided within each tower. The project will utilize the existing four-level, 669 space parking structure as well as an additional 105 surface parking stalls on the site. These parking areas combined will provide 774 parking stalls. 1.2 Code Authorization. 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 bath City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) This Agreement is intended to assure adequate public facilities at the time of development. (2) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and the Metro East Mixed-Use Overlay Zone. 75B-2113 (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and the Metro East Mixed-Use Overlay Zone (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Agreement 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 Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner 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. 1.3 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (defined in section 2.5 as the "Property"). The Property is currently occupied by a two-story, 75,300 square foot building that was formerly home to the Sequoia Athletic Club and the Australian Swim School, that will be demolished to accommodate the proposed project. In addition, the four-story, 669 space parking structure that currently exists on the east side of the property will remain as part of the Project (as that word is defined in section 2.7 of this Agreement). 1.4 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.5 Planning Commission - Council Hearings. On February 26 and March 12, 2007, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On March 19, 2007, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.6 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.7 City Ordinance. On , 2007, the Council adopted Ordinance No. NS-2741 approving this Agreement. The ordinance becomes effective thirty (30) days thereafter. 75B-214 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1 "Applicable Rules" means all rules, regulations, ordinances and official plans and policies of the City in force as of the Effective Date as included within the Santa Ana Municipal Code ("SANG"), the Metro East Mixed-Use Overlay Zone, this Agreement and the Entitlements, as defined below. 2.2 "Effective Date" means 2007, the date upon which the ordinance approving this Agreement becomes effective. 2.3 "Entitlements" means Environmental Review No. 2006-O1, General Plan Amendment No. 2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007- 01 (County Map No. 17069), Zoning Ordinance Amendment No. 2007-01, the Metro East Overlay Zone Public Realm Improvement Plan and Site Plan Review No. 2007-01. 2.4 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health and/or safety; (b) are Uniform Codes, (c) are required to comply with mandates under state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; or (d) relate to increases in development impact fees occumng after the Effective Date. 2.5 "Property Owner" or "Owner" means 1901 E. 1st Street Partners, LLC, a Delaware Limited Liability Company, being the person, persons, or entity having a legal or equitable interest in the Property, and includes successors in interest. 2.6 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.7 "Project" is the development of the Property, a one or two phase, for-sale 374 residential condominium development with 8,800 square feet of commercial development, as generally set forth in Environmental Review No. 2006-01, General Plan Amendment No. 2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007-O1 (County Map No. 17069), Zoning Ordinance Amendment No. 2007-O1, the Metro East Overlay Zone Public Realm Improvement Plan and Site Plan Review No. 2007-01. 2.8 "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi- state professional organization and become applicable throughout the City, such as, but not limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, or the California Fire Code (including those amendments to the promulgated 75B-2115 Uniform Codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide) 2.9 "Utility Releases" means the formal approval of the City Building Department, following its inspection, that residential unit(s) may be released for initial connection to the electrical power system, water service system, gas service system, and sanitary sewer system. Utility Release(s) do not include temporary utility service provided to any structure during construction. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Referred to Designation Description in Section A Property Legal Description 1.3 B Property Graphical Description (Site Plan) 1.3 C Additional Offsite Mitigation Measures 5.1.1 4. GENERAL PROVISIONS. 4.1 Duration of Agreement. The term of this Agreement shall for ten (10) years. 4.2 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer of the rights under this Agreement shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. A transfer or assignment of the rights under this Agreement without the consent of the City shall not relieve Owner of any accrued duty, obligation or liability to City. No consent shall be required for sale of units to condominium unit buyers. During the teen of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, 75B-2~6 assigned, or transferred to persons for development by them in accordance with the provisions of this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. Individual condominium unit buyers shall not have any liability or obligation pursuant to that Agreement. 4.3 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.4 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 7.4 of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement. 4.5 Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability for damages, restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from construction activities with respect to the Project by the Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf; the Owner further agrees to provide a defense on behalf of the City, including fees and costs for special counsel to be selected by the City and approved by the Owner, regarding any Litigation. Notwithstanding the above, in the event of any Litigation the parties hereby agree to affirmatively cooperate in defending said action. For purposes of this paragraph, "Litigation" shall mean shall mean any lawsuit or cross-action, challenging the validity of this transaction or any portion thereof or the rights of either party hereunder and/or the rights of either party to engage in the acts and transactions contemplated by this Agreement. Notwithstanding any other provision of this Agreement, this indemnity, hold harmless and duty to defend shall be limited as follows: (1) Owner shall have no responsibility or liability under this section if Litigation is initiated which solely challenges Amendment Application 2007-O1, General Plan Amendment No. 2007-O1, Amendment Application No. 2007-01, Zoning Ordinance Amendment No. 2007-01, and Volume I of the Environmental Impact Report prepared for Environmental Review No. 2006-01. (2) Owner shall have approval of any settlement if, (i) it will affect Owner's project, or (ii) Owner will be required to pay (or reimburse) any amounts (regardless of type) in connection with the settlement (including attorneys' fees and cost). (3) If City determines to settle over Owner's objections, then Owner may upon thirty (30) days written notice terminate defense of the action. 75B-~17 (4) If City rejects a settlement offer that Owner deems reasonable, then Owner may upon thirty (30) days written notice terminate defense of the action. (5) Owner shall be allowed to terminate its defense if it determines to abandon defense of its project application; provided, however, that in such circumstance Owner shall be solely liable for award, if any, of costs or attorneys' fees to plaintiff/petitioner. 4.6 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.2 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.7 Relationship of the Parties. The contractual relationship between City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.8 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: If to City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, Califomia 92702 telefacsimile (714) 647-6954 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, Califomia 92702 telefacsimile (714) 647-6515 75B-~18 If to Owner, to: 1901 E. 1st Street Partners, LLC c/o NDC Development 4100 MacArthur Boulevard, Suite 150 Newport Beach, California 92660 Attention: Mr. Craig Foster telefacsimile (949) 622-9019 and, Hans Van Ligten Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, California 92626-1950 telefacsimile (714) 5436-9035 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting telefacsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 City Obligations. In consideration for Owner entering into this Agreement and performing its obligations hereunder and in order to effectuate the purposes and intentions set forth in this Agreement and the Development Agreement Act, the City hereby agrees during the Term as follows: 5.1.1 Vested Rights to Develop. Owner is hereby granted the vested right to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved Powers. 5.1.2 Non-application of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan, zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever, however denominated, and adopted by the City Council, Planning Commission or any City Agency, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict with the Applicable Rules, shall not be applied to the Project unless such changes represent an 75B-2~9 exercise of the City's Reserved Powers or are otherwise expressly allowed by this Agreement. In the event that state or federal laws or regulations enacted after this Agreement has been entered into, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 5.1.3 Reserved. 5.1.4 Agreed Changes and Other Reserved Powers. This Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies in conflict with the Applicable Rules where such additional rules, regulations, ordinances and officially adopted plans and policies (a) are mutually agreed to in writing by Owner and the City, or (b) result from the Reserved Powers. 5.1.5 Subsequent Development Approvals. The City shall require Owner to obtain only those Subsequent Development Approvals that are required by the Applicable Rules or the Reserved Powers. City hereby agrees that it shall condition any Subsequent Development Approvals based only on the Applicable Rules and/or Reserved Powers. 5.1.6 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property, City agrees that, unless required by applicable state law, such ordinance, resolution or other measure shall not apply to the Project, Property or this Agreement, unless such changes are adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision of this Agreement. 5.1.7 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner such as market orientation and demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that except as provided in and subject to Section 5.11, Owner shall have the right to develop the Property at such rate and at such time as Owner deems appropriate within the exercise of its subjective business judgment. 5.1.8 Additional Offsite Mitigation Measures. The offsite mitigation measures (i.e., which clarify mitigation measures set forth in the Project entitlements) which must be constructed by Owner are as set forth in Exhibit C to this Agreement. All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this Agreement shall be paid or security provided therefor in conformance with the provisions of the Subdivision Map Act, no later than recordation of the final subdivision map for the Project, whichever comes first. 75B-?~0 5.1.9 Irrevocable Offer to Dedicate Easements or Land To Implement Public Realm Improvement Plan. On the face of the final map for the Project, or contemporaneous with offering the final map for filing with the County if it is not placed on the final map, Owner shall execute an irrevocable offer to dedicate to the City such property interest (easement for the breezeway/lane along the north side and fee title along the south side of the Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted contemporaneously with the Project. Owner shall not be required to dedicate additional land pursuant to any amendments to said Plan which may or may occur following its adoption. Owner shall be entitled to an offset against its obligations under section 5.7 of this Agreement for such property. 5.2 Exclusion from Existing Rules, Regulations and Policies. a. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by section 5.1 of this Agreement, including without limitation: b. Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with section 5.1 of this Agreement Owner 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: (1) Taxes, assessments, fees and charges, except as otherwise specifically provided in this Development Agreement; (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; (3) Laws, including 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 (4) Procedural rules of general City-wide application. 5.3 Construction Standards and Specifications. The construction standards (e.g., the Uniform Codes) and specifications for all Project construction shall be subject to applicable construction standards and guidelines in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 FAA Approval. Owner shall obtain and maintain, during the term of the agreement, any and all necessary approvals from the FAA for the Project. Should such approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate the agreement. 75B X21 5.5 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.6 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the environmental impact report prepared for the Project, or (b) duplicate any project design features conditions of approval, Agreements, or mitigation measures contained in this Agreement. 5.7 Community Facilities District or Other Financing Tool. Owner agrees to petition for, and fully support (including voting to establish, if required), the establishment of or annexation into a Community Facilities District or similar financing mechanism covering the Property, in order to fund the proposed project's fair share of eligible items, e.g., the costs of implementing the Metro East Public Realm Improvement Plan; provided, however that the total effective tax rate (including but not limited to regular property or ad valorem taxes, special taxes, benefit assessment or other imposition) shall not exceed an annual levy of one and six-tenths percent (1.6%) of the Property's valuation, as improved. 5.7.1 Phasing of Project. The parties agree and acknowledge that the Project may be built in up to two (2) phases (with one tower in each phase), but that, except as otherwise expressly stated herein, all conditions and mitigation measures shall be implemented as part of the initial phase; provided, however that Owner may propose to delay to the second phase on-site conditions (e.g., sidewalks) that could be damaged by future construction. Prior to issuance of the first building permit for the project, if Owner intends that the second tower shall begin construction more than six months after the first tower begins construction, Owner shall submit a proposed Phasing Plan to the City, for review and approval by the City's Planning Commission, that shall demonstrate the proposed site conditions (i.e., landscaping, internal circulation) after construction of the first phase and before construction of the second phase. If Owner does not intend that the second tower begin construction more than six months after the first tower begins construction, but upon later circumstance construction of one tower lags six months or more behind construction of the other tower, then the City may request a proposed Phasing Plan from Owner, which shall be submitted to the City no later than 30 days after its written request. 5.7.2 Inclusionary Housing. Owner shall pay to the City the sum of Three Thousand Dollars ($3,000) for each Residential Unit contained in each phase ("Inclusionary Housing Fee"). The Inclusionary Housing Fee shall be paid with respect to each phase at such time as 95% of the residential units within such phase have received Utility Releases. The Inclusionary Housing Fee shall be used by the City for planning (including but 75B-3~2 not limited to preparation of one or more elements of its general plan or for zoning amendments), conceptual design, final design, bid preparation, award of bid, property appraisal, property acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated existing affordable housing in the City. 5.7.3 In-Lieu Park Development Fee. The Owner shall pay an in-lieu park development fee in the amount of One Million Four Hundred Fifty Thousand Dollars ($1,450,000) with respect to the Project ("In-Lieu Park Development Fee") payable pro rata, which pro rata fraction shall be determined based on a fraction the numerator of which is the total number of residential units in a phase and the denominator of which is the total number of residential units in the Project. The pro rata In-Lieu Park Development Fee shall be paid prior to issuance of the building permit for each phase. The City shall use said fees for new parkland, capital improvements at existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of amount of the fee). If not used or appropriated this fee shall be returned to Developer, consistent with the provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act, Government Code § 66000 et seg. 5.7.4 Reserved 5.7.5 Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved by the Planning and Building Agency's Executive Director for the project prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the following: (1) No more than four residents per unit, except that for three-bedroom units, there shall be no more than five residents per unit. (2) All initial sales of residential units by Owner shall include a covenant that the buyer may not re-sell the unit for a period on one (1) year. (3) No home occupancy shall be permitted in a unit, except in accordance with section 41-192 et seq. of the Santa Ana Municipal Code. (4) Assignment of repair of perimeter walls and common areas, including landscaping, will be specified in the CC&R's in the event of damage. (5) Disclosure and release: CC&R's shall provide notice to prospective owners of the urban character of the City and this area, including but not limited to the permitted uses of the property and buildings in the immediate area of the development (e.g., Xerox Towers, State Compensation Insurance Fund, I-5 and SR-55 freeways), and surrounding property zoned and/or devoted to commercial use, and shall provide a release of all claims against the City which may arise from or relate to the disclosed matters. (6) Terms and Content: i. CC&R's are to be in effect for an initial period of ninety- nine years and then automatically expanded for successive one hundred year 75B-2Q3 periods unless terminated by the joint consent of the City and not less than seventy five percent of those entitled to vote. ii. Any proposed modifications to the CC&R's will require approval by the Agency's Executive Director. iii. CC&R's shall provide a significant financial penalty (i.e., the maximum permitted by law) that shall be imposed by the Home Owner's Association to any member who violates these provisions 5.8 Reserved 5.9 Reserved. 5.10 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement (although such conditions must comply with the Applicable Rules). 5.11 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements"). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Govenunent Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement 75B~224 remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the teens or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon the occurrence of default, City shall give Property Owner (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City may terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the default. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. 75B 2~3 (4) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (6) All other remedies at law or in equity which aze not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against City upon termination of this Agreement. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, conect, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. MORTGAGEE PROTECTIONS 8.1 Right to Owner/Notice/Multiple Mortgagees. Owner shall have the absolute right to encumber Owner's right, title and interest in, to and under this Agreement and the Property pursuant to one or more Mortgages. Because certain portions of the Project may be developed by one or more assignees, the Parties acknowledge and agree that different Mortgages may encumber the Property and that there may be a separate Mortgage in effect with respect to separate parcels within the Property. It is the intention of the Parties that the rights and protections granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such Mortgagee's Mortgage is a lien (each a "Mortgage Parcel"), and to the rights, privileges and obligations under this Agreement relating to such Mortgage Parcel. 8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the City delivers any Notice or demand to Owner with respect to any Breach by Owner under this Agreement and if Owner fails to cure the Breach within the time set forth herein, the City shall deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect that Owner has failed to cure a Breach ("Mortgagee Notice"); provided that Owner or Mortgagee has provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the mortgage debt and the lien of its mortgage; provided, however if the Mortgagee is legally prevented from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall 75B~2~-6 be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this Agreement shall be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or any portion thereof, without first having expressly assumed Owner's obligations to the City by written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy a Owner default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults shall be waived. 8.3 Mortgagee Not Obligated Under the Agreement. Unless a Mortgagee expressly assumes Owner's Obligations to the City in accordance with 8.2 above, no Mortgagee shall in any way be obligated by the provisions of this Agreement, nor shall any covenant or any other provision in this Agreement be construed so to obligate such Mortgagee. Nothing in this Agreement shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. 8.4 No Liability. No Mortgagee shall have any personal liability beyond its interest in the Mortgage Parcel acquired by it through enforcement of its Mortgage for the performance or payment of any covenant, liability, warranty or obligation hereunder, and the City agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for payment or discharge of any such covenant, liability, warranty or obligation. 8.5 No Amendment or Termination. This Agreement shall not, without the prior written consent of all Mortgagees holding Mortgages on each portion of the Property to be affected thereby, be amended so as to (a) terminate this Agreement prior to the expiration of the Term hereof (except as provided in Section 8.4 above with respect to such Property); or (b) change any provision of this Agreement which, by its terms is specifically for the benefit of Mortgagees or specifically confers rights on Mortgagees. No amendment to this Agreement affecting the Property or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest should it become a party hereto. 8.6 Condemnation or Insurance Proceeds. Nothing in this Agreement shall impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and/or condemnation proceeds which are otherwise payable to Owner granting such Mortgage. 8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the provisions contained in this Agreement applicable to any of the Mortgage Parcel shall be binding on and for the benefit of any person who acquires title to the property, or any part thereof, by foreclosure under a Mortgage or transfer by deed in lieu. 8.8 Delegation to Mortgagee. Owner may delegate and/or assign irrevocably to any Mortgagee the non-exclusive authority to exercise any or all of Owner's obligations and/or rights hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a written instrument effecting such delegation. Such delegation of authority may be effected by the 75B-~27 terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or conformed copy of said Mortgage, together with written notice specifying the provisions therein which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage Parcel of any of its obligations hereunder with respect to such Mortgage Parcel. 8.9 No Obligation to Cure. Nothing herein contained shall require any Mortgagee to cure any default of Owner referred to above. 8.10 Separate Agreement. The City shall, upon request, execute, acknowledge and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees, agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs incurred by City in reviewing same. 8.11 Estoppel Certificate. Within thirty (30) days after written request therefore, the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance satisfactory to Owner and such Mortgagee ("Estoppel Certificate"). The City hereby agrees to reasonably cooperate in including in any such Estoppel Certificate from time to time any provision which may reasonably be requested by any proposed Mortgagee for the purpose of implementing the Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable means to protect or preserve the lien and security interest of its Mortgage hereunder, clarifying the non-applicability of the provisions of this Agreement to such Mortgagee as it relates to parcels other than the Mortgage Parcel, and/or such other terms and provisions as are customarily required by Mortgagees (taking into account the customary requirements of their participants, syndication partners or ratings agencies) in connection with any such financing; provided, however, that no such Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase any obligations of City under this Agreement. 8.12 Conflicts. If there is any conflict between this Section 8 and any other provision contained in this Agreement, this Section 8 shall control. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. Al] amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by 7sg aas the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 93 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Govemment Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 75B-~~9 9.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana and by Property Owner. Dated this day of ATTEST: PATRICIA E. HEALY Clerk of the Council Approved as to Form: JOSEPH W.FLETCHER City Attorney By Benjamin Kaufman Chief Assistant City Attorney 2007. THE CITY OF SANTA ANA DAVID N. REAM City Manager (signatures continued on next page) 75~-~30 (signatures continued from prior page) 1901 E. 1 ST STREET PARTNERS, LLC, a Delaware limited liability company By: CPH UI 1, LLC, a Delaware limited liability company, Its Member By: Capital Pacific Holdings, Inc. a Delaware corporation, Its Sole Member By:_ Name: Title By:_ Name: Title 75B-~Zi1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this day of 200_, before me, a Notary Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this day of 200_, before me, a Notary Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 75B ~~2 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this day of 200_, before me, a Notary Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 75B-~33 EXHIBIT A Property Legal Description THAT PORTION OF LOT 15 OF THE MAYBURY TRACT, EQ THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 20, 1977 IN BOOK 12424, PAGE 543 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 AS SHOWN ON A MAP FILED EQ BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89°31'52" EAST 34.14 FEET; THENCE NORTH 45°19' 14" WEST 38.26 FEET TO A LINE PARALLEL WITH AND 7.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89°49'39" WEST 7.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 0°10'21" EAST 27.18 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE CITY OF SANTA ANA, IN DEED RECORDED SEPTEMBER 18, 1990 AS INSTRUMENT NO. 90-493896, OF OFFICIAL RECORDS. Orange County Assessor's Parcel Number 400-081-06 75B-~i4 EXHIBIT B Property Site Plan 1 ~ _f_t(3 N `~;% , ~ }~ -,, ' c~ , ~ , , ,~~. .., ~ ~.. ~. < 4 ~ _ i '. xm1!h¢ ~. 1 '. t n.ai.: I Q7 ',. ,~ ', ~: ' '. wax . , '. ',.. ,. i. 'rya:-~! : .. ',. I ~ FIRST SSTRF_ FT v 75B=~35 EXHIBIT C Additional Offsite Mitigation Measures Im rovement Location Pay fair share of all costs to acquire required Fourth Street at Southbound SR-55 on-ramp right of way for and construct eastbound right (Tustin Avenue to SR-55) tum lane In order to implement & satisfy mitigation First Street and Cabrillo along the project measure MM 4.12 2, construct raised "pork- frontage chop" island to Public Works Agency specifications Note: For offsite public improvements constructed by Owner (i. e., "pork-chop" island, storm drain), it shall pay all workers employed in connection with the work not less than the prevailing rates of wages, as provided in the statutes applicable to public works contracts, including without limitation §§ 1770-1780 of the California Labor Code. 75B-~6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and 1901 E. 1ST STREET PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY Dated: March 19, 2007 75B-2~7 KO-3/13/07 RESOLUTION NO. 2007-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2007-01 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2007-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET (COUNTY MAP NO. 17069) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Final Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. B. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 3. Adopt a resolution approving General Plan Amendment No. 2007- 01. C. On February 26, 2007, the Planning Commission continued the following actions to the March 12, 2007 meeting: 1 • Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. Resolution No. 2007-028 7Jg-23$ Page 1 of25 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. D. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. E. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On March 19, 2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. Applicant filed Tentative Tract Map No. 2007-01 (County Map No. 17069), for condominium purposes to allow 374 condominium units. H. For Tentative Tract Map No. 2007-01, the City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, Tentative Tract Map No. 2007-01, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and Resolution No. 2007-028 Page 2 of 25 75B-239 intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2007-01 is in keeping with the Site Plan Review (Development Project No. 2006- 23) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately five acres of land within the Metro East Mixed Use Overlay Zone, which is physically suitable for the residential development as proposed. Access to the site will occur on First and Cabrillo Park Drive for automobiles. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision is not going to have any detrimental effects upon the general public. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2006-01 as it pertains to air quality and traffic will be addressed by the issuance of a statement of Overriding Considerations by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2006-01. I. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There is no easement for public access currently existing on this property. Therefore, the proposed project will not Resolution No. 2007-028 Page 3 of 25 75B-240 conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian purposes over the northern portion of the site, which will allow public access throughout the Metro East area. Section 8.2 of the Metro East Mixed Use Overlay requires a review by the Planning Commission of all plans to ensure the project is in conformity with the Metro East Mixed Use Overlay Zone. For the MEMU Overlay Zone Site Plan Review No. 2007-01, the City Council of the City of Santa Ana determines that the following findings have been established: 1. Is the proposed development plan consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone? The proposed First and Cabrillo mixed use project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone as the project will be a mixed use project that will allow persons to live, work and shop in the immediate area. Further, the project will incorporate an active streetscape that will integrate the private development with the public realm and will assist in creating a distinct identity for the district. 2. Is the proposed development plan consistent with the development standards specified in Section 4 of the MEMU Overlay Zone? The proposed project is consistent with Section 4 (Development Standards) of the MEMU zone. The project is in compliance with the various development standards for the Active Urban District, including setbacks, parking, lot size and open space. 3. Is the proposed development plan designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone? The project site is compatible with adjacent development and achieves the design principles outlined in Section 5 (Design Principles) of the MEMU plan. The project is in close proximity to the Xerox Tower, a 15-story office high rise and has been designed to complement this tower. Further, the project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. 4. Have the land use uses, site design, and operational considerations in the proposed development plan been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone? Resolution No. 2007-028 Page 4 of 25 75B-241 The proposed project has been designed to be compatible and identified in Section 7 (Operational Standards) of the MEMU plan. The projects windows, lighting and operational hours will result in a project that will not impact the proposed residential uses or the adjacent commercial and office uses. J. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007, and was approved and adopted by resolution at that hearing. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Zoning Ordinance Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; and adopted an ordinance approving Development Agreement No. 2007-01. This resolution incorporates by reference, as though fully set forth herein, the ordinances and resolution and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council of the City of Santa Ana hereby, approves Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for City Council Action dated March 19, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council of the City of Santa Ana hereby approves Site Plan Review No. 2007-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for City Council Action dated March 19, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Resolution No. 2007-027 and Ordinance No. NS-2740 becomes effective. If said ordinance or resolution are for any reason held to be invalid or unwnstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Resolution No. 2007-025 Page 5 of 25 75B-242 ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-028 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007-028 Page 6 of 25 75B-243 Conditions for Approval for Tentative Parcel Map No. 2007-01 (County Map No. 17069) Tentative Tract Map No. 2007-01 (County Map No. 17069) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2006-23). The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. Exhibit A Resolution No. 2007-028 Page 7 of 25 75B-244 9. Pursuant to section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. Resolution No. 2007-028 Page 8 of 25 75B-245 Conditions for Approval for Site Plan Review No. 2007-01 Site Plan Review No. 2007-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip Or t0 exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2006-23. 2. Any amendment to this site plan review must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to submittal into building plan check, a project phasing plan shall be submitted to the Planning Commission for review and approval as identified in the development agreement. The phasing plan shall include a landscape plan identifying the treatment of the remainder building site. 4. The project shall incorporate on-site professional property management and host services for the residential component. 5. Balconies for the project shall maintain a minimum dimension of not less than five feet in any direction. 6. Conditions, Covenants and Restrictions (CC&Rs) shall be provided for the project and shall be submitted prior to building plan check. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies, providing parking free of charge, parking spaces for each dwelling unit shall be provided as part of the deed for each dwelling unit, and a restriction on truck delivery hours to prohibit the loading or unloading of trucks between the hours of 9:00 p.m. and 9:00 a.m. 7. Prior to submittal into building plan check, detailed parking structure elevations shall be submitted to the Planning Commission for review and Exhibit B Resolution No. 2007-028 Page 9 of 25 75B-246 approval. The plans shall include exterior finishes, materials, colors, and landscaping around the structure. 8. All parking for the project shall be made available free of charge. Parking spaces for each unit shall be provided as a part of the deed for each dwelling unit. 9. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 10. A detailed amenity deck plan must be reviewed and approved by the Planning Manager prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. 11. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within the ground floor central open space, elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Manager. 12. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool on the amenity deck. 13. An interior building amenity plan of all common areas (meeting rooms, fitness rooms and/or lobbies if provided) must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. 14. An interior amenity plan for the units must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. Examples of a level of quality required for the project include granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook-ups. The exact specifications for these items are subject to the review and approval of the Planning Manager. Resolution No. 2007-028 Page 10 of 25 75B-247 15. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Manager. 16. Pedestrian walkways shall be provided throughout the development. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the landscape plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. 17. Cast iron drain pipes shall be provided for the project. 18. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. Mitigation Measures 19. The proposed structures shall be designed to maximize the use of textured or other non-reflective exterior surfaces and non-reflective glass. 20. All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights-of-way to minimize light spillover onto adjacent areas. 21. Prior to issuance of a Building Permit, the applicant shall submit a lighting plan to the City of Santa Ana for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following: a. Features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off-site sensitive uses. b. Features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. Resolution No. 2007-028 Page 11 of 25 75B-248 22. Trash receptacles within the Overlay Zone will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste. 23. The developer shall require by contract specifications that all diesel- powered equipment used would be retrofitted with after-treatment products (e.g., engine catalysts and other technologies available at the time construction commences) when construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 24. The developer shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site would use low-NOx diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin at the time construction activities commence. This requirement shall not apply to diesel-powered trucks traveling to and from the project site. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 25. The developer shall require by contract specifications that alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) would be utilized to the extent feasible in the South Coast Air Basin at the time construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 26. The developer shall require by contract specifications that construction equipment engines will be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 27. The developer shall require by contract specifications that construction- related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than five minutes. Contract specifications shall be Resolution No. 2007-028 Page 12 of 25 75B-249 included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 28. The developer shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 29. The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 30. The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 31. The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system be scheduled to off- peak hours (10:00 a.m. to 4:00 p.m.). Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 32. The developer shall require by contract specifications that dedicated on- site and off-site left-turn lanes on truck hauling routes be utilized for movement of construction trucks and equipment on site and off site to the extent feasible during construction activities. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. 33. Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within Y< mile of the Overlay Zone and the individual projects within the Overlay Zone providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements Resolution No. 2007-028 Page 13 of 25 75B-250 related to PM~o generation. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. 34. As required by South Coast Air Quality Management District Rule 403- Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: a. Limiting the amount of area disturbed during site grading to 10 acres per day. b. Application of soil stabilizers to inactive construction areas. c. Quick replacement of ground cover in disturbed areas. d. Watering of exposed surfaces three times daily. e. Watering of all unpaved haul roads three times daily. f. Covering all stock piles with tarp. g. Reduction of vehicle speed on unpaved roads. h. Post signs on site, limiting traffic to 15 miles per hour or less. i. Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads. j. Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas. k. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. 35. The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. Resolution No. 2007-028 Page 14 of 25 75B-251 75B-252 75B-253 36. The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. 37. The developer shall require by contract specifications that pre-painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. 38. To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: a. When feasible, all tree removal shall occur between August 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage hawks from nesting in the vicinity of an upcoming construction area. This period may be modified with the authorization of the DFG; or if it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 350 feet of any grading or earthmoving activity shall be surveyed for active raptor nests by a qualified biologist no more than 30 days prior to disturbance. If active raptor nests are found, and the site is within 350 feet of potential construction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined by the City in consultation with CDFG. b. No construction vehicles shall be permitted within restricted areas (i.e., raptor protection zones), unless directly related to the management or protection of the legally protected species. c. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still alive, the developer shall contact CDFG and, subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Resolution No. 2007-028 Page 15 of 25 75B-254 d. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30th, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. 39. Due to the lack of cultural resource studies for the project site and in order to avoid damaging any unidentified cultural resources, a qualified archaeologist should be retained to monitor any significant ground- disturbing activities in undeveloped areas within the Overlay Zone, and any deep (10 feet or deeper) ground-disturbing activities in all areas of the Overlay Zone. 40. In the event that archeological resources are unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius must be temporarily suspended or redirected until an archeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. 41. In the event that paleontological resources are unearthed during subsurface construction activities, all earth-disturbing work within a 100- meter radius of the find must be temporarily suspended or redirected until a paleontologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. 42. If human remains are unearthed, State Health and Safety Code Section 7050.5 require that no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native American, who will then serve as consultant on how to proceed with the remains. 43. Site-specific geotechnical studies shall be conducted under the direct supervision of a California Registered Engineering Geologist or licensed geotechnical engineer to assess detailed seismic, geological, soil, and groundwater conditions and develop recommendations to prevent or abate any identified hazards. The report shall specify foundation recommendations to ensure issues associated with underlying soils are addressed. Construction of the project shall comply with all recommendations in the geotechnical report. The study shall follow applicable recommendations of CDMG Special Publication 117 where applicable and shall include, but not necessarily be limited to: Resolution No. 2007-028 Page 16 of 25 75B-255 a. Determination of the locations of any suspected fault traces and anticipated ground acceleration at the building site. b. Potential for displacement caused by seismically induced shaking, liquefaction, differential soil settlement, expansive and compressible soils, or other earth movements or soil constraints. c. Evaluation of depth to groundwater. 44. Conduct expansion index tests in accordance with UBC Standard 18-2 prior to project construction. The design of structural elements of future projects shall include recommendations set forth by the expansion index tests. 45. A health risk assessment (HRA) for diesel exhaust shall be prepared. Recommendations contained within the HRA shall be implemented in project design. 46. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction of the proposed project, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long- term monitoring, post-development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., City of Santa Ana Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. 47. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1 ). Following the FAA's nautical evaluation of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. 48. Prior to initiation of construction activities, have a completed traffic control plan, prepared by the developer that will be implemented during Resolution No. 2007-028 Page 17 of 25 75B-256 construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roadways. At any time only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes. 49. The City Planning Division shall consult with the Santa Ana Police Department and the Santa Ana Fire Department to disclose temporary closures and alternative travel routes in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary land or roadway closures. 50. In order to comply with the 2003 DAMP, Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Department of Public Works for review and approval. a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows and for nuisance flows during construction. b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved phases of the project. c. Location of the BMPs shall not be within the public right-of-way. 51. Prior to issuance of grading permits, submit a Hydrology and Hydraulic Study to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose feasible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If Resolution No. 2007-028 Page 18 of 25 75B-257 necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post-construction runoff does not exceed pre-development quantities. 52. Construction activities shall be limited to the following general restrictions. a. All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. 53. The project applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: a. Two weeks prior to the commencement of construction, notification must be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. b. Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. c. Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. d. Schedule high noise-producing activities between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption on sensitive uses. e. Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. f. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. g. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Resolution No. 2007-028 Page 19 of 25 75B-258 h. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 54. The project applicant shall require by contract specifications that construction staging areas along with the operation of earthmoving equipment within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 55. The project applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 56. Where future residential uses would be construction in areas exposed to noise levels greater than 60 dBA CNEL, prior to issuance of building permits, building plans shall reflect the construction of noise barriers around patios and balconies. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous, without gaps or gates. The height of the barriers shall be sufficient to reduce the exterior noise levels to a CNEL of 65 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 57. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. Resolution No. 2007-028 Page 20 of 25 75B-259 58. The developer shall provide proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. 59. Individual project developers shall pay school impact fees prior to the issuance of occupancy permits. 60. The project applicant shall make a fair share contribution for the construction of an eastbound right turn lane (approximately 300 feet in length) at the intersection of Fourth Street at the SR-55 southbound ramps prior to issuance of grading permits. 61. The project applicant shall make a fair share contribution for the construction of a raised median or other means such as diverter islands to prevent eastbound and westbound left turns and through movements at the intersection of Sixth Street at Tustin Avenue prior to the issuance of a grading permit. 62. As part of the project, the City of Santa Ana and the project sponsors shall work with the transit providers to implement various transit-related measures to improve and expand bus system service within the Overlay Zone. These measures may include, but are not limited to, the following: a. Adding bus stops to the Overlay Zone along existing and proposed roadways. b. Changing bus service headways to respond to increased demand. c. Changing bus service destinations to respond to changing demand. d. Adding local shuttle service for employees and patrons of the Overlay Zone. 63. The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project-related trips. a. Bus Stop Locations-Relocation of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations. b. Days of Operation-The City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees. Resolution No. 2007-028 Page 21 of 25 75B-260 c. Headway-The City should work with OCTA to review route headways to determine if it would be appropriate to reduce them to accommodate transit riders within the Overlay Zone. 64. A six inch building lateral shall be installed on-site for the purposes of conveying wastewater flows from the proposed project to the existing OCSD conveyance system. 65. The project shall implement energy conservation measures (such as energy-efficient lighting and micro processor controlled HVAC equipment) to reduce the demand for electricity and natural gas. The energy conservation measures shall be subject to modification as new technologies are developed or if current technology becomes obsolete through replacement. B. Police Department 1. Prior to issuance of a building permit, provide elevations of the parking structure elevator cab and lobby enclosure to insure maximum visibility. All parking structure stairwells are to be open to either the exterior or interior of the structure. No enclosed stairwells will be accepted. 2. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including parking structure hours of operation (secured/open), providing uniformed security guards in the lobby of the towers (security desk), as well as rovers for the parking structure and grounds, a duress alarm system for the parking structure and an access control system for the perimeter of the building. 3. Prior to issuance of a building permit, the plans shall depict that resident parking is physically separated from all commercial and/or guest parking. 4. Prior to issuance of a building permit, the plans shall note that each door within the structure leading into a stairwell, lobby or storage area shall be equipped with a minimum 100 square inch fire rated window. Convex mirrors a minimum of 12-inches in diameter and shatterproof must be installed at each stairwell landing and each corner along a walkway. The last flight of stairs shall be fully enclosed at its base. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevator lobbies must open directly into the parking garage. Resolution No. 2007-028 Page 22 of 25 75B-261 5. Prior to issuance of a building permit, note that all parking structures vehicular entrances are to be secured with a rolling grill and outfitted with a Police Department sub mastered Knox box. 6. Prior to issuance of a building permit, depict that the parking structure first floor exits are to be designed to allow emergency egress only with no exterior hardware. 7. Prior to issuance of a building permit, the building and unit address shall comply with emergency service standards of the City of Santa Ana. 8. Prior to issuance of a building permit, depict that the lobby doors are to be quipped with a Police Department approved access control system. 9. Prior to issuance of a building permit, the plans shall note that a minimum 100 square inch window will be provided in the garbage chute doors. 10. Prior to issuance of a building permit, walkways are to be illuminated to a minimum maintained 1 foot candle of light. Bollards and Malibu style lighting is not to be used to provide the minimum lighting requirement for any walkway, parking lot or access area. 11. Prior to issuance of a building permit, an FCC consultant shall be hired to determine if an 800 MHZ radio repeater or similar equipment is required to be installed to mitigate any interference that the structures may create underground or in the adjacent area. The required equipment shall be required to be installed if deemed necessary by the consultant. 12. Prior to issuance of a building permit, the plans shall note that operable windows and doors, and their associated hardware, shall meet all California Model Building Security Ordinance requirements as specified in the Santa Ana Municipal Code Section 8-212 or be equipped with an auxiliary locking mechanism. Windows, doors and their associated hardware must be submitted to and be approved by the Police Department prior to plan check and ordering/installation of windows and hardware. C. Public Works AQencv Prior to submittal into building plan check, the plans shall be revised to address the following items: 1. Revise the site plan/tentative plan to reflect all the traffic impact analysis (TIA) mitigation measure recommendations upon the approval of the TIA. Resolution No. 2007-028 Page 23 of 25 75B-262 2. Revise the site plan/tentative plan to reflect all mitigations/ recommendations of the final EIR. 3. Revise the site plan/tentative map to depict and note the installation of new sidewalk, curb, gutter, parkway sod, and streetlights along the project frontage as needed. 4. Revise the site plan/tentative map to depict the existing 15-inch Orange County Sanitation District trunk sewer located within a 15-foot wide OCSD utility easement along (Cabrillo Park Drive) the westerly boundary of this site. 5. Revise the site plan/tentative map to depict the proposed domestic and irrigation water services point of connections, vaults and meters, to be placed within public right-of-way along First Street instead of Cabrillo Park Drive. Installation of vaults/meters neither within private property, nor within public right-of-way along Cabrillo Park Drive, on top of OCSD sewer main/easement is allowed. 6. Revise the site plan to depict construction of a Grease Interceptor if the proposed retail area is to include a restaurant(s). 7. Revise the site plan to depict and note, on Cabrillo Park Drive and First Street, a slurry seal and crack repair due to construction traffic impacts. Area of work is to be determined by a City of Santa Ana field representative. 8. Add the following notes to the site plan/tentative map: "This subdivision is subject to new covenants, conditions, and restrictions, which are to address ingress-egress, parking, drainage, private utilities, emergency vehicle access, landscaping, cost sharing and maintenance of private streets, and private utilities to be recorded prior to and/or concurrently with the Final Map." 9. Revise the site plan and the tentative map to reflect all proposed improvements per the run-off study, sewer study, Traffic Impact Analysis, all new off-site improvements, including but not limited to, new pavement, sidewalk, curb, gutter, slurry seal, crack repair, street lights, and street trees as required. 10. Revise the site plan to incorporate construction of proposed "Site Design" Best Management Practices (BMP's) such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc. to minimize the impervious areas and to maximize permeability and natural areas. Reference the Orange County Drainage Resolution No. 2007-028 Page 24 of 25 75B-263 Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 11. Revise the site plan to incorporate construction of any proposed "Treatment Control" BMP's using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommended sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge into any receiving body of water. Reference the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 12. Revise the site plan/tentative map to depict and note the construction of a concrete bus pad on First Street at the existing bus stop. 13. Revise the site plan/tentative map to depict and note the installation of 36 inch box street trees. 14. Revise the site plan/tentative map to depict and note the reconstruction of full depth asphalt concrete on Cabrillo Park Drive to the street centerline along the entire project frontage. 15. Revise the site plan/tentative map to note the construction of all public improvements and to dedicate the right-of-way necessary to meet the Metro East Public Realm Amenity Plan. Resolution No. 2007-028 Page 25 of 25 75B-264 REQUEST FOR AGENCY/ COUNCIL ACTION MEETING DATE: MARCH 19, 2007 TITLE: PUBLIC HEARING - CONTINGENT GROUND LEASE BETWEEN LATINO HEALTH ACCESS, INC., THE CITY OF SANTA ANA, AND THE COMMUNITY REDEVELOPMENT AGENCY CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~~, bl~.r ,~ FILE NUMBER CITY NTR AGER EX CUTIVE DIRE TOR RECOMMENDED ACTION CITY COUNCIL ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Contingent Ground Lease with Latino Health Access, Inc. for property at 601 E. Third Street for a 20-year term with two 10-year extensions. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director or designee to execute a Contingent Ground Lease with Latino Health Access, Inc. for property at 523 E. Third Street and 526 E. Fourth Street for a 20-year term with two 10-year extensions. DISCUSSION In November 2004, the City and Agency entered into a Right of Entry and License Agreement with Latino Health Access, Inc. (LHA) in order to undertake certain improvements to operate private recreation activities on properties owned by the City of Santa Ana and the Community Redevelopment Agency. LHA is a non-profit health care provider and facilitator. Its goals include helping to build healthy families and neighborhoods. The City and Agency wish to assist LHA in accomplishing this goal and, therefore, entered into the License Agreement. In early January 2006, the City entered into a contract for the preparation of the Santa Ana Renaissance Specific Plan. The boundaries of the Specific Plan encompass a 440-acre area that includes the subject site. With the Specific Plan underway, LHA was invited to join in the planning process in developing its concept. 80A-1 Contingent Ground Lease Between LHA, the City of S.A., and CRA March 19, 2007 Page 2 Now that the Specific Plan process is in the final stages, LHC is very anxious to move forward with its concept. Therefore, the City and Agency are proposing to enter into a Long-Term Contingent Ground Lease with the following terms: • Term - 20-years with two 10-year extensions • Rent - $1.00 per year • Lease contingent upon: a. LHA obtaining title to the parcel (or ground lease for a period equal to or greater than contingent lease with City & Agency) not owned by City or Agency to make it part of a 4- parcel site (Exhibit A). b. LHA demonstrating financial ability to construct and operate the facility over the term of the lease. Proof of construction financing must be submitted to and approved by the Executive Director of the Community Redevelopment Agency. c. LHA receiving all necessary City entitlement (e.g., zoning, variances, etc.) and having approved building permits for the property. • Property to be developed and operated as a privately owned, open to the public, community recreation center facility (Exhibit B). • Project design and layout, including building location, must be designed to accommodate a potential future larger park project. CEQ~, COMPLIANCE In accordance with the California Environmental Quality Act, the project qualifies for a Categorical Exemption (ER 2007-28). FISCAL IMPACT There is no fiscal impact associated with this action. ~~~ Nancy T. Edwards Assistan Director Community Development Agency SGH/VU/mlr H:\ACTIONS\2007 CC\P. H. JT CC-CRA ContingentCroundLeaseLatinoHealthACCess V2 3-19-07 (2).doc 80A-2 /N ~' Exhibit A 80A-3 m L x W 80A-4