HomeMy WebLinkAbout11A - Metro East Documents
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
11 A-1
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
11 A-2
shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-185. Modification districts.
(a) The above stated land use districts established in Section 41-184 may
be altered to conform with the following:
(1) The B suffix to permit parking by appending te-the district
classification the letter B, which 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 Further, the above stated land use
district regulations may be modified by appending tG-#lethe district
classification a number before and after said classification. Such
number appendages 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. [OZl 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
11A-3
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.
11A-4
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;
11A-5
(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 classification
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
11A-6
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 anyone 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.
11A-7
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: 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 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
11A-8
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 (1-5) 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.
11A-9
2. Adopt and ordinance approving Development Agreement No. 2007-
01.
3. Adopt a resolution approving Site Plan Review No. 2007 -01 as
cond itioned.
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 (1-5)
Freeway on the west and south, Sixth Street to the north, and Tustin Avenue
to the east (AA NO. 2007-01).
1 . OZ1 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,
11 A-1 0
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.
I. 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
11 A-11
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 (1-5) 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 anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
11 A-12
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: 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 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
11 A-13
Table of Contents
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
FIGURES
Purpose and Objectives
Applicability
Development Districts
Development Standards
Design Principles
Signs
Com pati bi I ity / Operational Standards
Implementation
Figure 1: MEMU Overlay Zone Location
Figure 2: MEMU Overlay Zone Development Districts
TABLES
Table 1: District Descriptions
Table 2: Development Standards Summary
Table 3: Land Uses
APPENDIX
Metro East Public Realm Amenity Plan
metro east mixed use overloy Lone
11 A-15
1
3
5
9
25
29
31
33
3
5
7
9
10
metro east mixed use overlay zone
11 A-16
1..qp~~P~~~.... 9..~..9.......Q~.i~_~ti~I~~
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 a high-intensity, 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
Mixed-use urban village prototype
The Metro East Mixed Use Overlay Zone is intended to create
a unique urban environment that that achieves the following
objectives:
a. Creote an active, mixed-use urban village where it
is possible to live, work, shop and play all within a
short walk of each other.
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.
e. Create highly-amenitized streetscapes 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.
Contemporary design solutions
f. Provide for an appropriate interface of land uses and
development intensities relative to the Santa Ana (1-5)
and Costa Mesa (SR-55) Freeways.
g. Create a highly-integrated pedestrian system that
provides for connectivity between the residential
areas and public recreation amenities to the north
and the MEMU Overlay Zone area.
Active urban mixed-use
metro e:Jst Nllxed-use ove'!:Jy zone
11 A-17
Street-facing retail
h. Provide for active street life through the inclusion of
dedicated pedestrian-oriented 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 variety 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.
Ground-Floor commercial space at strategic corner
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.
q. Implement the City's General Plan.
Unique architecture
Contemporary building materials
metro eosl mixed-use overlay zone
11 A-18
?...Q..........~~J?li~9~ili~ ....
The MEMU Overlay Zone is comprised of the properties
generally bounded by the Santa Ana (1-5) 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 State Route (SR-55) on the east. The boundaries
of the MEMU Overlay Zone are depicted in Figure 1 and the
existing zoning sectional district maps.
Figure 1 MEMU Overlay Zone Location
metro east mixed-use ove'loy zone
11 A-19
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 SNIIC
Chapter 41 , Article 1, 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.
metro east mixed-use overlay zone
11 A-20
3.0 Devel
ment 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 1). There are
four development districts in the MEMU Overlay zone that
differ in the permitted land uses and development intensity
as determined by their location and adjacency to sensitive
land uses and freeways as shown on Figure 2. The Village
Center District contains a pedestrian-oriented area designed
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.
-
MEMU Overlay Zone Boundary
Neighborhood Transitional District
Village Center District
Active Urban District
Office District
_ Pedestrian-Oriented Design at Ground level
Parcel lines
. . . . I Potential Roadways
- Existing Roadways
C=:J
I%.~
-
-
Figure 2 MEMU Overlay Zone Development Districts
I
metro east rr Ixed-use ovecby zone
11A-21
metro east mixed-use overlay zone
11 A-22
~~~
ii ~ ~
/V ~ ~ "s ~
- III OJ')-
~a~g=
.c-2 5 Vi ~
~~~62~
g~..Q~~~
/V 0 0 lll........ .c
8~~Q~"5
ov;og-~g
oJ3~-gao
.0
E
o
~~.~o=.s~c
E u ~..2 ~
CL .~ ~ -g- ~ ;::: (P 2-
~ -g ,s ~ f) ~ .~ 15
>/VVl.........."'O-llllll
~ -E ~ .~ ~ ~ .g -E
~~~=-~-;g-.Q
"~ ~ -f: ~ .~ l & ~
~g~~~~~~
"5 /l) Q) ~ ~ ~ ~ .-
~; ] 2 ~ 1 ~ ~
lll~ ~~~ ~ ~:~
"l=3"",," E
Q~-9~ 3 ~~]
~ .~ Ji "~ ~ -:': ~ :
-'-""'0 oO)/l)
~ ~J2 ~ ~ ~ .~ ~
-g5~.:o6~\J..2
.~J1~~~B~5,
.~ .~,~ :; ~ ~ ~ .~ ~
.~~~~~~g~2
g~n~~~~6~
"0 at .~ ~ 8 "~~ g'.Q
5 ~ 0 g.: >-~ .s c.. 0
~~2j{5~-E~~5
~ 2 ~ 8- ~ ~ a ~ ]
~ ~ ,~UJ ~ ~ ~ =is ~
-2 ~ fJ g ill g' d) ~ "~
'- 0 <( Q.l ~ '<i) \J Q.l '-
Jl~.~~ m3iV2-
~ ~ ~ .S ~ ~ z ~ .~
Q.l 0 - ~ =" c . ........
~ ~ 1 ~ _~ ~ ~~ ~
~ ~ .Fa ~ ~ ] ~ .~
]~~~~~~g~1
D-~8 Qj"~:j~Qm
"W "~ ~ 1 ~ ~ l? .~ ~ -~
~:g -a,~ ~ ~ :13 -g 12 -E
g, Q. 5 u c.- 0 ;E 0 .~ g,
o-g-:E ~g-~ ~-~.2
-E~~8~~8-~go
8 :~ n ~ ~.::J 8--- 0 @
-oll)oc,-o 9 0
5 ~ ~ ~ g) ~ 0 ~ .~~
.s a 0 OJ'c ~ :13' E -0 0
8-~ f~ -:0_ ~ .~ 8] j-
s ~ ~ 5 "~~ ~ ~ :g .~
~~.:g .~- ~-6-:Q ~~ 11l
~ ~ ~ B ~ ~ ~ ~ .~ ~
~2]g1?~~"12c
2: 8 ~ c' ~ -g 8 j1 .~ ~
11~ ~ 1 ~ 1 ~ ~ ~
~--g1 ~~~~-F~ e
c c. <1> c...o ClJ (l) --=c Q.
~ .~~ 2 ~ ~ ~ ~ ~]
-=~.:cuID3'5~O:;
~ ] 1; ~ ]f j { f
~ Vi ~ -3- & U -.2 ~ ~ .s
a5 J1:;:= ~ 0 0 Vl- ~ 5 ~
U Q ! -0 i ~ -g ~ Vl 'w
~ a; "~ 5 <1> ~ '- ~ 1? -c
~ ~ ~ 6 ~ :u ~ g' -;; .s
"5 c. 0 -..;:: 0 Vl <1>_ .-
l?~~8~1?~~
1-51-..2<1>0.-05
11 A-23
~~~~~
501b~
-0 .~ 2 ~ ~ Q.l)
"2 E a5 2 .g .Q QJ
~5a~~~~
E <f) 0 Q) Q} 0 -:= "
8g~~6~-~~
~ '=:: ~ .~ ~ ~ ~ ~
"3 &..g ill ~ "S: g ~
0)::=0 Vl-o--g__ 0
~~~~~~,~~
-90Vl-.e3IDO__
6.>- <1> c Vl <1> II) 0
;g g~ !~~~~
c:: c .- c Q.. c 0
~~oill-EEIDC.
.~ ~ m 5 8. <1>- ~ ~
o5~5g-~-E8
~B.] ~ 8 ~ 8 ~
~ ~ g> 8 ~~ ~ ce
~~.:o~Co2~
o~~~~~8]
~ ~ ~ -;; :g ~.Q d
"3 ~ ~ ~ ~ .~ ~ 0
..., ::=O..c .<i) E -0 =
~g,~~E~~~
1] ~ ~ ~ f] ~ ~
'E ~ ~ .s ~ -g""ij)- .9- ~
.~ ~ ~ c ij -0 "5 ""8 .~
8-ill ~-o 5-C_~~
~~~~a~~~a
~~~ ~~~~~g-
~ 580~-&~ g,~
.~ ~ -g ~ i ~ u_.~ ~
~~~~~g~~8
~ "g-~ ~ ~ "g,~ 5B-
o~gE-:S~ii1~~
:.2~~~~;-~~
.Q c C -0 -2 0 ~ .~ .Ei
8~ag~~~~5
....Q C Q} 2 ..2 '- 0 'Vi U
/l) Q -.e <1> iri ~ '0- a5 >-
-f: .~ :- ~ .E -0 ~ .~ g
""Vb ::=~-o~u
0-0 3-E 0 Q.l ="oE
-0 ~ <1> "5 Q) OJlJ E .~
~ 'c ~ ~ .2 ~!: Cl> ~
~~~-g8,~30~
~jf~,j1~~i
.~ 0 ~ ~ Q A __8 .~ g
~ .; -5 ~ 13 ~ =s ~ 1
~ ~ ~ ~ .~ B ~ g-~
::5 a 1 "0 'g B ~ c *
~...Q2EtDUJ1?~Qj
n ~ Q. 0 .~ Q I- .s U
<(<1>~~u([)...:.QQl
<1>~S-o~~~~-F
~::lg5oo~m>
~.Qg~
Q) .Q 2:;..2
<t D-~]
;: <1> c
~~ o~
~"~t~
~*~~
~ ~ ~""O
E~-ou
g- a5 ,~ ~
Iii a2 E
a> 0 ,~ 0
---0 Q) 0 u
~~ ~ .~-
~~~tg
~ ~ ~ a3
-<= ,,"
~ ~ 5 ~
7 ~ 8 ~
~~~-.2
rn~~B
~~c3Eci
~~~@@
s.g~~B
~ a ~ .~ ~
o ID ill ..Q l:::
,~ ~ ~ '6 ~
~ = 0 E Q)
om~-g-E
~ .~~ ~ ~
o ""8 ~ ~ "~
~8~g~
11 A-24
4.0 Develo ment 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.
Development
Standards
by District
Front Porch Yes Yes No No
Stoop Yes Yes No No
Fore Court Yes Yes Yes Yes
Shop Front No Yes Yes Yes
Gallery No Yes Yes Yes
Arcade No Yes Yes Yes
* For futher detail. refer to Section 4 8. Parking and Access.
metro east mixed use overlay zone
11 A-25
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 41-60 11cl of the Santa Ana Municipal
Code (SAMC).
18
-fa
0.';:
.A .-
i,:!
'.J:
z
!
c
.
u
.
III
:!!
:>
C
II
of
~
~
'';:
u
C
II
IE
o
Special Provisions (references to other applicable
code sections or limitotionsl
Art galleries ond studios including, but not limited to:
photography; fine art; fiber art; printing, lithogrophy, and P P P P
calligraphy; ceramic and pottery; gloss blowing and sculpting
Eating establishments, (cafes, restaurantsl N P P P CUP for liquor soles, aher 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 care facilities P P P P
Gymnasiums and health clubs N P P CUP
Hotels N P P CUP
Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the
Santo Ana Municipal Code
Schools N P P N
Temporary outdoor activities N P P P Subject to Section 41-195.5 of the
Santo Ana Municipal Code - LUC
Theaters and cinemas N P P P
* No merchandise may be sold in these establishments
metro eest mixed-use overley zone
11 A-26
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 pedestrian-oriented 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.
Three.story live/work units
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 stand-alone 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:
Two-story live/work units
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 (11 off-street parking space shall be
provided for each dwelling unit.
c. A live/work unit shall be at least one thousand
(1,000) square feet in size.
d. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the SMIle.
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 fifty
(7501 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 (30) inches in front.
f. On-site laundry facilities are required within each unit.
4.1.3
Stand Alone Residential Development
Consistent with the objectives of the MEMU Overlay Zone to
entourage 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.
metro east mlxed'use overlay zone
11 A-27
4.2 MAXIMUM NUMBER OF STORIES
A. The overoll 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 create 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 (includes lofts and live work
unit designs)
2. Retail: 18 feet
3. Retail with mezzanine: 22 feet
4. Specialty retail: 22-24 feet
5. Office: 13.5 feet
B. In compliance with the Airport Land Use Commission
(ALUC) of Orange County, the following conditions shall
apply to all new development with the MEMU Overlay
Zone.
1. For development of structures that exceed 200 feet
in height above ground level at a development site,
applicants shall file a Notice of Proposed Construction
or Alteration with the FAA (FAA Form 7460-1).
Following the FAA's Aeronautical Study of the project,
projects must comply with conditions of approval
imposed or recommended by the FAA. Subsequent to
the FAA findings, the City shall refer the project to the
ALUC for consistency analysis.
2. Buildings within any District of the Overlay Zone shall
not penetrate the FAA FAR Part 77 imaginary obstruction
surface for John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction
or Alteration with the FAA (Form 7460-1) for any
construction cranes that exceed 200 feet in height
above ground level.
C. New development will be required to be within the
following maximum number of stories based upon their
location within the MEMU Overlay Zone except as
specified below:
1. 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
Three-story live/work units
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.
2. Village Center District: Six stories maximum;
ten stories maximum within core area (See
Section 4. 1 . 1 )
New development in the Village Center District is more intensive
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 a pedestrian-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'
Five-story mixed-use corner building
(See also Section 4.1.1). Properties outside the core of the
Village Center will be allowed to develop up to a height of
six stories.
3. Active Urban District: 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.
Front street building orientation
Larger buildings shall be broken down in scale through changes
in massing, changes in plane and profile, fo<;:ade 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 building 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 a multiple-family residential use or zone
outside of the MEMU area sholl be set back at least 150'
from the property line of the adjacent residentially used or
zoned property.
4. OHice 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 1-5 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.
Higher intensity mixed-use building
The height, scale, mass and bulk of new development shall
be designed to achieve a "human scale" at the ground level
to foster a pedestrian-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
sholl 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 (43,560 square feet)
d. Existing Office District
30,000 square feet
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
1. Neighborhood Transitional District
a. Front porch
b. Stoop
c. Forecourt building frontages are permitted
2. Village Center District
a. Front porch
b. Stoop
c. Forecourt
d. Shop front
e. Gallery
f. Arcade
3. Active Urban District
a. Forecourt
b. 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:
'~.' I -'.
;;;t~Jl.tl.1f ~~\J ~.
;~ \" -"7<~~~~ ~ ~;':.- . ....__.
'6U\'" t' . - . (..tr- ~ '-
~._,. lj)tl j': ,p;W ,.' :f~SJll ,) . ,,'
f~~.l. . ,."~..:')e ::-....1 '#' ~r ,',-,' '- (' . - t '> t,ll ,-.
'~~\},rl ~J"fi . :. - ~ -, -'fJ ,,'#.'~., " ~ f ~ ...
~_.:~J~ II :.,,~ ~". ~'V'~i!..tJ, --':~-'~~~~:?! fr'~~r
~_~k.l~_ '.. . "'\ tW ~\ ,f~~~ 1 0 01, I~ 0 ~'r"' .1'[,' ~
:.', ~ ' . ).,Y r,. J'. .... ~~' -J i . I" '.. ;,/",.
"'.t . c. --i' '~-. :t '-"1,' r '.':"~':'~'i' '..: :.-. - .' r~',
, 'I . r '.....A ~ r 'I.... "t;. '.fc'- ~
< . , . . .,' '/'r!' 6..,-) ,1., <. I
: .\~./<~ " . ". '. : :~.f' r IJ' . '.
'i_\ I' ....,.. ....l . ~.:l "
"."/ .
'- ~_. ,.,..,.~:f ".r
... . ':lA.l& .t'" .
.o{', ~... ..<:f
1. Front Porch
A front porch is frontage wherein the fm;:ade 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.
2. Stoop
A stoop is frontage wherein the fa<;ade 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.
me'ro eost 'DI/ed-use overby zone
3. Forecourt
A forecourt is a frontage wherein a portion of the fa<;ade 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 feet). This type of frontage
should be allocated in conjunction with other frontage types. Large trees
within the forecourts may overhang the sidewalks.
11A-31
4. Shop Front
A shop front is frontage wherein the fa<;ade 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
fa<;ade 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
1 0 feet wide and may overlap
adjacent open space areas up
to within 5 feet of the parkway
or sidewalk area.
metro eost m xed-use o\lerlo,/ zone
11A-32
6. Arcade
An arcade is frontage wherein the fa~ade may abut the sidewalk at the
frontage line. This frontage type is conventional for retail use. The arcade
shall be no less than 1 2 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 fa~ade 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
1. Neighborhood Transitional District: 5 percent
2. Village Center District: 1 0 percent
3. Active Urban: 15 percent
4. Office District: 15 percent
metro eelst rr Ixed-use o\'e' by =one
11 A-33
Active publici open space areas
B. 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 rights-of-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 courtyard). The required open space shall have a
width of at least one-half the height of the adjacent
building fa<;:ade (measured perpendicularly from the
fa<;:ade). 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 (measured perpendicularly from the fa<;:ade).
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:
metro east mixed-use overlay zone
11 A-34
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
fa<;:ade 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 courtyard as
illustrated.
metro eost rr Ixed-use ave' by zone
11 A-35
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:
1. 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.
Private rooftop deck
,~
"
"
II 11
Private balcony
metro eest mixed-use overley zone
11 A-36
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
(Appendix). New development within the MEMU Overlay
Zone shall be designed to provide setback areas as
follows:
1. Neighborhood Transitional District
Front: 0- 10Ft
Side: 0-10 Ft
Rear: 0- 10Ft
2. Village Center District
Front: 0--20 Ft
Side: 0--10 Ft
Rear: 0-- 10Ft
3. Active Urban District
Front: 0-20 Ft
Side: 0-10 Ft
Rear: 0- 10Ft
In order to provide an appropriate transition to adjacent
existing multi-family residential development outside the
MEMU Overlay Zone area, buidling heights within the
Active Urban District shall comply with the following
setbacks, which shall supercede the setbacks above if
there is a conflict between the two standards:
1-3 stories 25' setback
4-9 stories 1 00' setback
1 0+ stories 1 50' setback
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:
1. 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 rights-of-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.
Upper level setback areas incorporating terraces and roof decks
b. The balance of the setback areas shall be landscaped
with turf, shrubs, or groundcover, and trees. All plant
Upper level setback
areas incorporating
terraces and roof
decks
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 East 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. A mixed-
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 SAlVIC 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, SAMe.
2. Village Center District
a. Stand-alone nonresidential Uses: As required
by Division 3 of Article 15, Off-Street Parking
Requirements, SAMe.
b. Stand-alone Residential Uses: As required by Division 3
of Article 15, Off-Street Parking Requirements,
SAMe.
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 or live/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, SAMe.
b. Stand-alone Residential Uses: As required by Division 3
of Article 15, Off-Street Parking Requirements,
SAMe.
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 or live/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, SAMe.
B. 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 (1) assigned space per unit.
metro east m d I
11 A-38
-
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 far 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.
Screening of parking structures along main streets
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.
metro east 'Tl'xed-use overioy Lone
11A-39
metro eost mixed-use overlay Lone
11A-40
5.0 Desi n Princi les
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
the area as part of the MEMU Overlay Zone Site Plan Review process.
Architectural/massing variety
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
Proiects 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 (2) acres. This requirement can be met by compliance
with anyone 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
I
metro east mlxed-,Ise overlov zone
11A-41
Building is broken down
into distinct elements
-'t"~' - -
-t'-
..
j
LJ~--~ .
7Sr;:'~';;ay "<,::::;;,~~"'~.::;:> ,-
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
(150) feet in length.
c. The design of buildings shall incorporate a variety 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 rights-of-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 10Ft wide (parallel to the
building b;:ade) 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.
melro eosl mixed use overloy zone
11 A-42
Overhangs, and awnings along
street-facing facade
Contrasting colors and materials
d. Street facing facades shall be integrated with public
plazas, mini parks, outdoor dining, and other pedestrian-
oriented amenities where feasible.
Street-facing ground floor elements
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.
metro east 1T'lxed use overloy zone
11A-43
Pedestrian/bicycle oriented streetscape
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
a. In order to establish a strong public street and
sidewalk edge, building massing shall establish
variation in relationship of the building frontages to
Ventilation
Podium parking
Podium parking screening
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.
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 (2) 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.
5.11 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 livability
of any residential units. The mix of unit sizes within a proiect
should be more heavily weighted towards units larger than
1,000 square feet in size.
metr:J east m xed'use overlay zone
11A-44
6.0 Si ns
Building identification and signage can be used as a creative
too/ 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
City 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.
Main access signage
6.1 MASTER SIGN PROGRAM
Building identification and signage can be used as a creative
too/ 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:
a. 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.
b. 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 SAMe. Less
restrictive provisions in a master sign program may
also include signs that are otherwise prohibited by the
SAMe.
c. Each master sign
program applicant
shall show to
the Planning
Commission's
satisfaction why
the modifications
requested are
warranted and how Secondary access sign
the total sign proposal for the development meets the
general purpose and intent of the SAMe.
metro eosl mixed use overlay zone
11A-45
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 from decision
of the Planning Commission shall be processed
and considered consistent with SAlv..c Chapter 41 ,
Article 5.
30
metro east mixed-use overlay zone
11A-46
!.Q_~~_~F?9~i~~I~!Y(QF?~~9~i~~9J_.?~9~~9~~~
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.
Compatible design: Public open space, retail on first level, and
residential uses on top
7.1 SECURITY
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 9:00 A.M.
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.
Mixed use along corridor
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 Ordinance).
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.
metro e:Jst en I> ed.use o\'e'l::::y zone
11A-47
-
'Tletro east mixed use overlay zone
11A-48
8.0 1m lementation
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 property 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
SANe
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.
3. A master sign program, pursuant to the requirements
of Section 6.
B. Upon receipt of a MEMU Site Plan Review application,
the same shall be reviewed by City 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
division, and will not be detrimental to the harmonious
development of the city or impair the desirability 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 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.
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.
8.3 CONDITIONAL USE PERMITS, VARIANCES
AND MINOR EXCEPTIONS
Conditional use permits, variances and minor exceptions in
the MEMU Overlay Zone shall be processed and considered
pursuant to SAMC Chapter 41, Article 5.
melro east 'Tllxed use overlay L'Crle
11 A-49
8.4 TIME LIMITS
MEMU Site Plan Review shall automatically become void
after two (2) 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 properly as specified
in the terms and conditions of the MEMU Site Plan Review.
Cily Council may, by resolution, extend the date on which
a MEMU Site Plan Review becomes void for a period or
periods not exceeding three (3) 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 properly owners are not considered sufficient evidence of
action.
8.5 DEVELOPMENT CAPACITY MONITORING
AND ENVIRONMENTAL REVIEW
In order to maintain conformily with the provisions of the
environmental analysis completed for this project under the
California Environmental Qualily Act (CEQAl, development
capacily 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 capacily, no development shall be entitled until
an environmental review, including a traffic study, has been
completed pursuant to CEQA. These development capacily
"triggers" are as follows:
a. Commercial-770,400 square feet
b. Office-552,000 square feet
c. Residential-4,440 units
melro east mlxed.use o\;erlay zone
11 A-50
City of Santa Ana
February 2007
APPENDIX
11A-52
City of SantaAna
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
Metro East Public Realm Amenity Plan
11 A-53
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.
o 500
/""""'-
N
EB
Key
Study Area
City Boundary
1000 FT
I
CityofSantaAna
Metro East Public Realm Amenity Plan
3>
11 A-54
Metro East Public Realm
Amenity Plan
In conjunction with the Metro East Mixed-Use Overlay
Zone, this amenity plan provides a framework from
which to build a clear identity for the district.
Swell' .,jrea
Ci~l' Boulldary
Exis/illg Parcel Lilies
Setback Lilies
,.....
/'uhlie Opell Space
t.:\'is/illg S/I'ee/ 7n'e-,
N
....:J" _ _':"" EB
Kev
. F.xi.\'/I/Ig I'alm Trees
. ;Vell'S/ree/ Ii'ees
EXlSlillg S/ree/s
Nell' I'edesfriall Sfl'eef !,fg!US
.,It/eli/Jolla! Se/back Pasemem.s
Cltl.O....sflTll'IAnll
.\klro La~l PUlllic RI'alm\lllI'llil\ Plall
11 A-55
Existing Conditions
Photo Survey Locations
Urban Studio documented conditions in the field,
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.
250
N
EB
Key
Study Area
City Boundary
o
I
500 FT
I
CityofSantaAna
Metro East Public Realm Amenity Plan
5';;,
i
11 A-56
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.
First Street and Cabrillo Park Drive Looking West to East
2
First Street and Golden Circle Drive Looking North
3
First Street and Tustin Avenue Looking North
City oj Santa Ana
Metro East Public Realm Amenity Plan
11A-57
Existing Conditions
First Street
(continued)
The First Street environment mainly addresses the
functional requirements of the automobile.
8 First Street View East
5
First Street and Freeway Looking
East
CD First Street View West to Freeway
o First Street Panorama South Side
CD First Street South Side
o First Street South Side
@ First Street South Side
City of SantaAna
Metro East Public Realm Amenity Plan
11 A-58
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.
VF
11
Fourth Street and Cabrillo Park Drive Looking East to West
12 Fourth Street and Golden Circle Drive Looking North
~
13 Fourth Street and Tustin Avenue Looking West to East
CityofSantaAna
Metro East Public Realm Amenity Plan
11 A-59
Existing Conditions
Fourth Street
(continued)
Inconsistent street tree plantings along Fourth Street
and underutilized landscaped medians provide little
sense of identity.
14 Fourth Street Looking East to
District
17 Fourth Street Looking South to
Commercial Suildin
19
Fourth Street Looking Northwest from
Intersection on Golden Circle Drive
21 Fourth Street Looking Southeast at 22 Fourth Street Loooking East Towards
Golden Circle Drive Tustin Avenue
City of Santa Ana
Metro East Public Realm Amenity Plan
"i
9
11 A-60
Existing Conditions
Golden Circle Drive
Golden Circle Drive is the main centrally located
north-south street that serves the district.
23 Fourth Street Looking North at
Golden Circle Drive
Golden Circle Drive: Western
26 Section Lookin North
Golden Circle Drive: Northern
27 Section
@ Golden Circle Drive West Side
@ Golden Circle Drive East Side
City of Santa Ana
Metro East Public Realm Amenity Plan
11A-61
25 The Theme Building from the
Southwest
28
Fourth Street Looking Northwest from
Intersection with Golden Circle Drive
@ Golden Circle Drive East Side
Existing Conditions
Cabrillo Park Drive
Cabrillo Park Drive connects the existing uses to tthe
major public amenity in the area, Cabrillo Park.
@ Cabrillo Park
33 Cabrillo Park Drive and Park Court Place
35 Cabrillo Park Drive View to Freeway 36 Cabrillo Park Drive and First Street
CityofSantaAna
Metro East Public Realm Amenity Plan
11A-62
34 Cabrillo Park Drive
East Side
37 Golden Circle Drive
East Side
Existing Conditions
Tustin Avenue
Tustin Avenue provides a connection to the public
bus transportation lines running north and south
through Orange County.
38 Tustin Avenue and East 6th Street Looking North to South
@ Tustin Avenue East Side
@ Tustin Avenue East Side
r
.
@ Tustin Avenue West Side
@ Tustin Avenue West Side
CityofSantaAna
Metro East Public Realm Amenity Plan
11 A-63
@ Tustin Avenue East Side
@ Tustin Avenue West Side
Existing Conditions
Tustin Avenue
( continued)
@ Tustin Avenue East Side
City of Santl1An.a
Street lights along the eastern side of Tustin Avenue
are infrequently placed.
@ Tustin Avenue East Side
Metro East Public Realm Amenity Plan
11 A-64
Existing Conditions
Base Map
The existing conditions of the Metro East district
include limited street tree plantings, a lack of
distinctive markers, and lighting oriented towards the
automobile.
~I
"'-- - ~'=d
:;=O>PARI<<JOClllT PL. cOQ(P
r
r[
--,.. -~ - ~._. --..~.-
~~.,-'.._--
--.8- -- = _-:.- = -- -.
Study Area
City Boundary
~ Bus Stops (Routes 64 & 7i)
(j) Existing Street Lights
o Existing Street Trees
. Existing Palm Trees
= Signalized intersection
o 150
~-
N
300FT E9
I
Kev
Notes
· Existing bus stops along 1st Street and Tustin Avenue.
· Existing street trees vary in distance.
. Only existing street lights; no pedestrian lighting.
CityofSamaAna
Metro East Public Realm Amenity Plan
.
14~
~
11 A-65
Existing District
Street Tree Types
The existing trees along Tustin Avenue vary widely in
species.
Study Area
City Boundary
o Existing Street Trees
. Existing Palm Trees
o 150
~-
N
EB
Kev
300 FT
I
1 Pyrus Kawakamii
2 Ligustrum Lucidum
3 Liquidambar
4 Syagrus Romanzoffianum
City of Santa Ana
Metro East Public Realm Amenity Plan
15~
o'#fj:;
11 A-66
Existing District
Street Tree Types
Along First Street, the predominant type of street tree
is the Leptospermum.
5 Brahea Edulis
6 Leptospermum
7 Leptospermum
8 Leptospermum
9 Leptospermum
10 Leptospermum
11 Leptospermum
12 Leptospermum
13 Callistemon Citrinus
14 Callistemon Citrinus
City of Santa Ana
Metro East Public Realm Amenity Plan
1
11A-67
Existing District
Street Tree Types
Pinus Canariensis and the Ficus tree occur primarily
along the existing medians.
\
,
,\----
.
= \r'=-
',\ I,
\ '\' \
\ \ \~
\
\ \
I, ,
\ \
\ I, \, \
\ \.,. \"
'" ,
\ \<fl ~ '.
, 1i ',I
\ \';.
I, I,~\
-~~
-=\~\
- --.L.
(-------,.
"\\ \
o
':On
I!D
I~
uO /
I !
I !
r;
Study Area
City Boundary
o Existing Street Trees
. Existing Palm Trees
N
o 150 300FT EB
/""""'_ I
Kev
~..u"~
1 Pinus Canariensis
2 Ficus
3 Ficus
CityofSantaAna
Metro East Public Realm Amenity Plan
c.,
171
11 A-68
Existing District
Street Tree Types
Long portions of sidewalk along Fourth Street contain
little or no landscaping.
4 Pinus Canariensis
5 Ficus
6 Magnolia Grandiflora
7 Callistemon
8 Washingtonia/Queen
Palm
9 Washingtonia
10 Magnolia Grandiflora
11 Magnolia Grandiflora
12 Platanus
13
City of Santa Ana
Metro East Public Realm Amenity Plan
tat
'.'!.i>"
11A-69
Existing District
Street Tree Types
Lagerstroemia Indica is the existing median tree
along Cabrillo Park Drive.
Study Area
City Boundary
o Existing Street Trees
. Existing Palm Trees
o 150
~
N
EB
Kev
300 IT
I
1 King Palms
2 Lagerstroemia Indica
3 Lagerstroemia Indica
CilyofSantaAna
Metro East Public Realm Amenity Plan
Hf
11A-70
Existing District
Street Tree Types
Platanus and Liquidambar trees define the street
along Cabrillo Park Drive.
4 Lagerstroemia Indica
5 Platanus
6 Platanus
7 Platanus
8 Lagerstroemia Indica
9 Pinus Canariensis
10 Platanus
11 Olea Eoropaea
12 Liquidambar
13 Liquidambar
14 Liquidambar
City of Santa Ana
Metro East Public Realm Amenity Plan
iliii~
-:~:
11A-71
Existing Street Lights
Locations and Types
All of the street light types in the area are cobrahead
variants.
Study Area
City Boundary
(jj Existing Street Lights
a Signalized Intersection
N
o 150 300 FT E9
~_ I
Kev
. .. ;;... \
....'s:.:.\
. .
.-
'Wl
1
2
3
CityofSantaAna
Metro East Public Realm Amenity Plan
21l
l
11A-72
Existing Street Lights
Locations and Types
Street lights along the First Street corridor are
irregular.
,
4
5
6
7
City of Santa Ana
Metro East Public Realm Amenity Plan
11A-73
o
Existing Streets
Typical Plan and Section
Wide streets and inconsistent street lights provide low
visibility for passing traffic and the surrounding
environment.
42'-0"
}~
42'-0"
50'"0"
42'-0"
I
Main Traffic Corridor
Scale: 1"=25'
GityofSantaAna
Metro East Public Realm Amenity Plan
I
11A-74
CD
CityofSamaAna
Existing Streets
Typical Plan and Section
The existing medians and sidewalks along Fourth
Street are sparsely landscaped and make little use of
the potential gateway qualities of this major street.
.
Il!a.
!"~-,~
~
~
42'.{)"
42'.{)"
~
50'-O~ .
42'-01.'
Central Street Corridor
Scale: 1 "=25'
Metro East Public Realm Amenity Plan
11A-75
CityofSantGAna
Existing Streets
Typical Plan and Section
Cabrillo Park Drive maintains a fairly uniform row of
street tree planting north of Fourth Street. However,
the southern portion of the street breaks with the
regularity.
~
~
32'.{)"
32'.{)"
32'.{)"
c
Typical Local Access Street
Scale: 1"=25'
Metro East Public Realm Amenity Plan
11A-76
J~~~
40'-0"
g
13'.()11
o
CityofSantaAna
Existing Streets
Typical Plan and Section
Typical Main Street
Scale: 1"=25'
Golden Circle Drive is a narrow two lane street
providing access from First to Fourth Street.
~
~
22'-0"
22'..{)" 22'..()1I
Metro East Public Realm Amenity Plan
11A-77
.
~ . .~
22'-0"
J~~
. .
.
1r~ill
.it
City of Santa Ana
Existing Streets
Typical Plan and Section
Street tree plantings along Park Center Drive are
non-existent.
~
~
22'-{)"
221-011
~
E
Secondary Local Access Streets
Scale: 1 "=25'
Metro East Public Realm Amenity Plan
11A-78
MEMU Overlay Development
Zone Districts
Key
Study Area
City Boundary
I
I I
~
V///1
I I
District i: Neighborhood Transitional
District 2: Village Center
N
E9
Existing Parcel Lines
o 0 0 Improved Pedestrian and Bicycle Corridor
4 . Pedestrian Linkage
(---
\.) i.500ft. Radius Walking Distance
District 3: Active Urban
Pedestrian-Oriented Uses on Ground Level
Existing Office Uses
o
I
250
500 FT
I
City of Santa Ana
Metro East Public Realm Amenity Plan
11A-79
MEMU Overlay Development
Zone District Descriptions
-
District I
Neighborhood
Transitional
District 2
Village Center
District 1 is intended to provide opportunities for
low-intensity development that acts as a transition
between the single-family residential to the north and
the adjacent high-intensity Active Urban District.
District 2 is intended to serve as the focal point and
central gathering place in well-designed highly
connected development sites and public sites.
District 3 is intended as the location for well-designed
high rise mixed-use developments in a highly
urbanized environment.
Pedestrian-oriented uses are intended to generate
pedestrian activity and provide uses that are
neighborhood serving and contribute to an active
street life.
Existing office uses include low and high rise office
development along Tustin Avenue and the Santa Ana
(1-5) Freeway Corridor.
Cityo! Santa Ana
District 3
Active Urban
Pedestrian-Oriented
Uses on Ground Level
Existing Office Uses
Metro East Public Realm Amenity Plan
11 A-80
Public Realm Concept
The proposed public realm amenities will enhance the
pedestrian scale and quality of living in the area.
o II
Kev
Study Area
City Boundary
Existing Parcel Lines
* Gateway Opportunities
o DOMain Traffic Corridors
ODD Local Access Streets (existing & new)
o 0 0 Central Street Corridor
. .. Main Street
. .. Alley Street with Pedestrian Orientation
City of Santa Ana
I
I I
-
V//h1
I I
Yfl'OQ;
((] \..10(1
(--
,,)
N
EB
District 1: Neighborhood Transitional
District 2: Village Center
District 3: Active Urban
Pedestrian-Oriented Uses on Ground Level
Existing Office Uses
Open Space/Pedestrian Linkage Component
1,500ft. Radius Walking Distance 0
250
500 IT
I
Metro East Public Realm Amenity Plan
11A-81
Proposed Easem.ents
By allowing for greater easements, this plan provides
an opportunity to create a walkable environment and a
friendly pedestrian atmosphere.
. CABAILLO PARK
~=+==r -::L:L' -=-r?-1' I - -- -~':IT -r · - -1 - r----:!-r.- -- --l--- - II'
! ! ,-' -i' ,I ~, ---- r.-t.-~ -L i: II: i i,1
i" ~ ~:!r-:-- ..' !Il e' \.~'~~'>(. \1' I, I "J I),'
I li:. ... , _ II II .;.-=-~ _ "i"~""~ - =- $1- -,- - ~-:' 1 -~ -- - .,L~ --..~---~
PARK:eetI/ilTPL = = .1~-tlffiEBf .--- -~~~~- _~ _ E6THST ,
-~. --: Ilrr~-";r~=-~:} 7i;~@'P'~1r-:- L'-- L-"-F'~!"~ II 1111
/" "I I II I~ ' ill..J, ..... I -----., - II111
; \. III : I' II-l~ '" '"I; . ,-r""- ..-- ,i ,
\~ '''''' ,I, r----J-----11 * ',j~l/.::t i i :r!Ita:I" j II
". -"', . "--')( 1 Il~ --~ i r: r----~~,'~-....:..i 'C:'I~I -T ------ II.~
'. \, / . I' I~ I I " · r r li~' ;;:-...;;..~ I ~ · r;-
\_~'L (~/ [I! to;" i I ~ :__ }I ~ j: ,~~:.:L -~}ltl,Ourr.!of~ ~ in
. 'f .._~ ~.. i Ir rr. - ~.. I' , .~ 'Fr'FlIW. t h i ~~,,1
~ ~_._--: ! / =]1,' : :/'11 - ,----- it: -~ 1- ! .! ~ I ~ ~
------ _.- I- [I, 1 :',1 I I - t, 1.. 1:.- Fl' - I'
- -- " , 1 L- -.. I
, .. "-'.: T ~ =~'.,...~_ __ -1-,1.--~ I LC.... I, ,
'\ : 11:1 ---.... ----I.-r-c-;Jg" I --1--, i: i i ~1 'I
\ f'" r-- :, !'Il r! ~_._~Il i - b.W -.r-l a:- :Ji.
~ · :' ~ , I 'r-:~! -------' ,- D' 1~ I -i -r...r:L': ~
\'.< c;~;: I~~~_J [J.~.l[~-J~I-1llif]i=j I. L
l ~ - E---- --.=.-.--~-=-~---:..:.~ FIR~ST_~'_
-n--==-r--- - -~-""---r- ----r=-4 -', I~-~~- ~ -
I _ l ....,
h\'i.\'tlllg Street.\'
Additiol/al Setback /;'(/.I'elllellt.l'
N
II "0 JOOI'T EB
---
Kev
Study Area
Ci~I' BOlIl/dary
h:t:i.l'tillg Pa/"cel Lflw,\
Setback 1.lIIes
Public Opel/ Spa('('
Notes
. Minimum 35,000 SF of public open space
Including roads shall be created within this area,
. NEW and EXISTING DimenSions trom Center
ot Right-ot-Way.
'-.. . "-
. co
r;; '"
"-
Clrl'I'i.)/jI~ld .hm
.\klro La;;t Public 1~('alnl\llll'nil\ Plan
1
,31~
11A-82
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.
0iiiI
...................1
. sc..~.c-.. c - . :- ..~..~ : ..
~S -
\\
\\
.. \ \
\ '; \
\ \ ,. \
\ \
'Il;l \'.'
\~ \\
\~ ..
\ '.".. \
\ \~\ \
.". \
.~C\j\\ =' .
\ 'Z \=.
\""'-\-
,~i\
@r
II"
J :1
. ;J
.
--. --.... ---
. MH.tIlO~~~~~o.a..
I
Study Area
City Boundary
Setback Lines
o Existing Street Trees
. Existing Palm Trees
. New Street Trees
o 150
~-
N
300FT EB
I
Key
Notes:
. New street trees should average 30' on center.
· Flowering trees at medians create seasonal color.
CityofSantaAna
Metro East Public Realm Amenity Plan
3'.
11 A-83
Improved Condition
Base Map
Pedestrian Street Lighting
Regular pedestrian street lighting throughout the
district increases night-time visibility and safety for
pedestrians.
" ,. -_.,.c".:_:c.c,..
,-, -.. -_...~_.. ._-- ._~....,.
~~y ~n -11
~~.:;.~::~;:~~.:;.~~;~:~.i.:-~_...
Study Area
City Boundary
Setback Lines
~ Bus Stops (Routes 64 & 71)
o New Pedestrian Street Lights
N
o 150 300FT EB
r--_ I
Key
Notes
. Pedestrian lightpoles in the Central Area every 60 ft.
CityofSantaAna
Metro East Public Realm Amenity Plan
33J
11 A-84
Improved Streetscape
Typical Plan and Section
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 :!:: 30' o.c. along
sidewalk
. Pinus Canariensis or similar.
at :!:: 30' o.c. on median
. Pyrus Kawakamii or similar
at :!:: 30' o.c. on median
~
."
1
~.,"';'ii\";
..~r' 'Ft ..t~.~ ",i ,f.
. 'I
Jl - '~. ~. ~.."'~'...
Pyrus Kawakamii
Magnolia Grandiflora
Pedestrian Light Poles:
Alternative 1
Alternative 2
~
')
District signage and flowering trees mark Fourth Street
as the major gateway into the district.
ea.
!' - '~
* 15'~" }
}
42'~"
42'~"
} 15'~" ~
o
Gateway Condition
Scale: 1 "=25'
CityofSantaAna
Metro East Public Realm Amenity Plan
';;~
~.
11 A-85
Improved Streetscape
Typical Plan and Section
Improvements :
· 10' VS. 8' sidewalk
. 5' parkway at curb
. New pedestrian light poles
:!: 60' o.c. along sidewalk
Infill:
. Magnolia Grandiflora or
similar at :!: 3D' o.c. along
sidewalk
. Pinus Canariensis or similar ...
at:!: 3D' o.c. on median
Magnolia Grandiflora
Pedestrian Light Poles:
Alternative 1
')r
Alternative 2
City of Santa Ana
Wider sidewalks in conjunction with the parkway
enhance the overall quality of the urban environment
for both pedestrians and automobiles.
.'...."..
'.
~.
!' ' ~
} 15'~" ~
k 15'~" ~
}
42'~"
421-011
o
Central Street Corridor
Scale: 1"=25'
Metro East Public Realm Amenity Plan
11 A-86
Improved Streetscape
Typical Plan and Section
Decorative paving and pedestrian scaled lighting place
an emphasis on the walkable nature of the district.
Improvements :
· One lane in each direction
with parking on both sides
. 8' sidewalk
. 4' parkway at curb
· Pedestrian light poles at :!::
60' D.C. in line with trees
Infill :
· Liqidambar or similar at :!::
30' D.C. along sidewalk
* 12'-0" ~
221_0"
}
22'-0"
} 12'-0" ~
T
tlJ[
" 'I
")
Alternative 2
:,;J!
Liquidambar
Pedestrian Light Poles:
Alternative 1
E
Secondary Local Access Streets
Scale: 1 "=25'
Ctty of Santa Ana
Metro East Public Realm Amenity Plan
11A-87
Proposed Streetscape
Typical Plan and Section
Improvements:
. 8' sidewalk
. 4' parkway at curb
· Pedestrian light poles at :t:
60' o.c. in line with trees
Infill:
. Leptospermum or similar at
:t: 30' o.c. along sidewalk
. Pyrus Kawakamii or similar
at :t: 30' o.c. along sidewalk
Leptospermum
Pedestrian Light Poles:
Alternative 1
Alternative 2
)
City of Santa Ana
Greater allowances for the parkway provide a physical
buffer between pedestrians and automobile traffic. In
turn, this buffer increases the comfort level for
pedestrians.
42'-0"
42'-0"
} 12'-0" ~
54'.0.
42'-0"
42'-0"
~-"I
~.
I
o
Main Traffic Corridor
Scale: 1 "=25'
Metro East Public Realm Amenity Plan
11 A-88
54'-0"
Proposed Streetscape
Plan and Section
A variety of trees located at the curb and the median
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 a~;
i: 60' o.c. in line with trees '1'
· Platanus or similar at i: 30'
o.c. along sidewalk
. Pyrus Kawakamii or similar
at i: 30' o.c. along median
. Lagerstroemia Indica or
similar at i: 20' o.c. along
median
!i:;
Infill:
,,-;:
"-..~
~". ..'....'....
" .',/':.'1
'.-'~" :~,/,
--"""",.,,'/.
.......~~., I",'j; ,", :;~
~ 12'-0" ~
32'-0"
~
32'-0"
~ 12'-0" ~
'" _ !;"';' ..;:t. l....-'l",~' .".
l! ".... .~I...',- '...
- -
Platanus
Pyrus Kawakamii
Pedestrian Light Poles:
Alternative 1
")(
Alternative 2
c
Typical Local Access Street
Scale: 1 "=25'
C'tyofSantaAna
Metro East Public Realm Amenity Plan
11A-89
Proposed Streetscape
Typical Plan and Section
Generous decoratively paved sidewalks provide
a textured surface and visual appeal for the area.
Improvements:
· 15' decorative paved
sidewalk
· Pedestrian light poles at :t
60' o.c. in line with trees
Fr,
Infill :
. Koelreuteria Bipinnata or
similar at :t 30' o.c. along
sidewalk
f 15'~" ~
22'~"
~
22'~"
~ 15'-0" ~
')(
Alternative 2
,A
Pedestrian Light Poles:
Alternative 1
o
Typical Main Street
Scale: 1 "=25'
CitrofSantaAna
Metro East Public Realm Amenity Plan
11 A-90
Proposed Streetscape
Typical Plan and Section
Located between First and Fourth Street, the
pedestrian-oriented street creates a natural gathering
place for the community.
Improvements:
. 37' decorative paved street
with pedestrian orientation
. Bollards 5' from one-way
alley at :t 10' o.C.
· Pedestrian light poles at :t
60' o.c. in line with trees
Infill:
. Koelreuteria Bipinnata 21'
from curb :t 30' o.C.
~
37'-{)"
~
26'-{)"
~
Pedestrian Light Poles:
Alternative 1
1;>
b
CD
Koelreuteria Bipinnata
o
o
)
Alternative 2
G
Pedestrian-Oriented Street
Scale: 1 "=25'
CttyofSantaAna
Metro East Public Realm Amenity Plan
11A-91
Metro East Public Realm Amenity Plan
Cost Estimate
IoIElllO EAST PUBUC REAl.IoI AMENITY PLAN
UNIT COST ESllIolATO FOR AIoIENITY IIoIPROVEIoIENTS
(N) Roodways (acquisition)
(N) Roadways (CDnSt",ctIon)
(N) Sidewalks (acquisition)
(N) Sidewalks (constuction)
(N) Paved Sldowallc& 1I Goldan CIn:I. Drive
(N) Paved Surface lit (N) Alloy
(N) Public Open Space (acquisition)
(N) Public Open Space (hardscap. and soltscapa)
(N) P.rltways (landacape improv.m.nts)
_111 (hardacape and softscape Improv.ments)
Irrigation
(N) Trees (ev.rgreen, daclduow;, and ftDwortng)
(N) Tree Guards
(N) Tre. Grates
(N) Pedestrian Stroot Ughting I Polos
(N) Bollards
(N) T,..h Receptados
(N) Benches
(N) Bicycle Racks
(N) N....paper Racks
(N) IkJs Sh.lters
(N) Wayftndlng I DIstrict identity
Gatefty Monuments
Water Features / Fountains
Unit
TVD8
square feet
square feet
square teet
square feet
square feet
each
each
each
each
each
each
each
each
each
each
each
each
each
II
Unit
Coot
II Nu: of Illmp~rnent IINota.
$6
$3
$1.000
$1.000
$1,000
$3,500
$750
$750
$1,250
$1,250
$1,000
$30,000
$250,000.00
$25,000.00
$50,000.00
Subtotal Unit Costs
ContIngency 1I
Engineering and Design .,
Construction Management @l
Subtotal 1oI0tr0 East Public Real Amenity Costs
Assume Inflation During Project Duration @l
CityofSantaAna
$16
35,000
$125
$20
43,500
43,500
$560,000
$5,437,500
$870,000
$141,000
$70,500
$800,000
$1 00,000
$1 00,000
$962,500
$1 50,000
$75,000
$125,000
$ 125,000
$20,000
$210,000
$250,000
$50,000
$200,000
I $10.246,500
20%
S%
S%
$2 049 300
$614790
$614790
23,500
23,500
800
100
100
275
200
100
100
100
20
7
1oI0tr0 East Public Reolm Amenity Costs
20%
$13525380
$2 705 076
I $16.230.456
Metro East Public Realm Amenity Plan
11A-92
cost of development
cost of development
cost of development
cost of development
cost of development
assumes purchase of approximately one acre of new open space in district
assumes improvement of one acre of new open space
cost of development
allowance
Golden Circle Drive only
Golden Circle Drive only
allowance
allowance
allowance
allowance
includes Contractor 0 & p
u.i
~
SEVENTEENTH
J L-...J L-.!.---.J' L---.J~I-J I
o
"
o
I L
17TH ST.
ST.
J~~
+
C5
9-5-9
C5
R4-PRD
u.i
~
C1
Rl-B
'~TH l.
C5
Rl-B
R4
:., _ 4,.._....
; i I r "'1 I
~; ~i~PR1\
!"\ if
! ,'";:==:- 'I
i ~_~ SJ_J
no" -!
"
~
R1 R .,
R1 Rl
~Irl 1,...1
1/....=.~f-:._1
L Il \lr
II' II II
1'....-1_1
r !!"-, I' oc
,
.
! ;
~
Rl OR1"
P
WElUN T A'J
R4
=F~'~__ ~I~ ~1 '--7-~~-~, ~ =~~ ~~,
~,~.__IIR4-~RD '1 1___11 'J
L.J__11~ -~~:::: ::::~_....)=: l:.-r-1~-=-JI
- .1
P
R1
o
ci,~~~::'-r'~ .
I i R4
. ,
i
i
i
I I
~.,---=zr-------~--T-"-
P
oJ:""
z Cl
<(
a:
" .
J
I'
~ P-DZ1-F
~
~
!
P-QZH P-QZH
P-OZ1-F
I P~Z1-F I
z
i=
(J)
::::)
I-
C5-QZ1-F
~
. N
;Xt
Cl-0Z1-F
~
I "
~ P-oz]
N City of
'" Tustin
u
. .....
+
I 17-5-9 11)-5-9
I I
II
FIRST
ST.
Zoning District
SECTIONAL DISTRICT MAP B-S-9
ADOPTED BY THE SANTA ANA CITY COUNCIL, MARCH 2, 19S9 BY ORDINANCE NS-363
SCALE IN FEET
Al GENERAL AGRICULTURAL
-B PARKING MODIFICATION
Cl COMMUNITY COMMERCIAL
Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT
C2 GENERAL COMMERCIAL
C3 CENTRAL BUSINESS
C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE
C4 PLANNED SHOPPING CENTER
CS ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
C-SM
-F
GC
Ml
M2
MO
o
-OZ
P
PCD
SOUTH MAIN STREET COMMERCIAL DISTRICT
FLOOR AREA RATIO
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
OVERLAY ZONE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
o
60-
-Q(){)()
1000
MINIMUM FHONTAGE
MINIMUM LOT AREA
PD
PRD
Rl
R2
R3
R4
RE
SD
SP
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVElOPMENT
SINGLE-FAMILY RESIDENCE
TWG-FAMIL Y RESIDENCE
MULTIPLE-FAMILY RESIDENCE
SUBURBAN APARTMENT
RESIDENTIAL ESTATE
SPECIFIC DEVELOPMENT
SPECIFIC PLAN
THIS MAP IS THE OFFICIAL SECTIONAL
DISTAlCl MAP OF !HI: CITY OF SANTA ANA.
AS AUTl-jO>l17FO AY CITY Ct)UNca
RESOLUTION NO_ 74-163. DATEO 11-18-74.1
HERE8Y ATTEST THAT lHIS MAP IS A THUE
COpy OF THE ORIGINAL SECTIONAL DISTRICT
MAP NO. 6-6-9.
Signed
J,.YTREVINO
[XECUTIVEOIRECTGR
PLANNING & BUILDING ,1IGENCY
(;..rt~i<,;a!.. U<ll.e
HE$. f A.A.: ANX. NO
ORn. / RES. NO P~ndiflg
AOOP'fED !JAil::
A"'PRovm
RES. i A-^- i NJX. NO.
nRn, f RFS i'JO
ADOPTED DAn"
....PPROVED
REV/SED .3/8107
;I~~~93
FIRST 8.5..9
?~~I II IL-JI
+ 1ST ST.
..~ C2 C2
C2
R3 R3
"76- 0
I
M1
R4
R1
WARREN S1
A1
J r
R4 I C; t Y of T US tin
R4 i ~
3=
] w
w
a::
IL
I-
M1 a::
0
] 0..
3=
w
z
It)
It)
,!I [) M1 M1
M1 ~ ~
~ WIlSHIRE AV.
~
WILSHIRE AV.
W1L,.qHIRE All M1
M1
+ , NORTH SEC. UNE
19-5-3 20-5-9
Zoning District
SECTIONAL DISTRICT MAP 17-5-9
ADOPTED BY THE SANTA ANA CITY COUNCIL. JULY 21. 1958 BY ORDINANCE NS-332
SCALE IN FEET
I
o
60-
-6000
I
1UOO
MINIMUM FRONTAGE
MINIMUM LOT AREA
A1
-B
C1
C1-MD
C2
C3
C3-A
C4
C5
CR
GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMUNITY COMMERCIAL
COMMUNITY COMMERCIAL-MUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS.ARTlSTS' VILLAGE
PLANNED SHOPPING CENTER
ARTERIAL COMMERCIAL
COMMERCIAL RESIDENTIAL
C-SM
-F
GC
M1
M2
MO
o
-Ol
P
PCD
SOUTH MAIN STREET COMMERCIAL DISTRICT
FLOOR AREA RATIO
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
OVERLAY ZONE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PO
PRO
R1
R2
R3
R4
RE
SO
SP
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
SINGLE-FAMILY RESIDENCE
TWO-FAMILY RESIDENCE
MULTIPLE-FAMILY RESIDENCE
SUBURBAN APARTMENT
RESIDENTIAL ESTATE
SPECIFIC DEVELOPMENT
SPECIFIC PLAN
lHIS MAP IS THE OFFtclAL SECTIONAL
DISTRICT MAP Of THE CITY or SANTA ANA.
AS AUTHORIZED BY CITY COUNCIL
RESOLUTION NO. 14-163, DATED 11-16-74, I
HEREBY ATTEST THAT THIS MAP IS A TRUE
CQP'{ Of THE ORIGINAL SEG I toNA.L [JIS TmG r
MAP NO. 17-5-Q.
Si91',,'J
JAV ! R~ViNC
EXECUTtYElJ!Ht'CIOH
PLAN~,INI.;/l,BUIl(}INGAc:.E"(;Y
(..rtlf""teOal"
RES..' A.A " ANX, NO
CRD_I RES. NO P"",dir.g
ADOPTED DATE
APPFIOVED
REVISED 3/8/07
11 A-94
-
11 A-95
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
11 A-96
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 anyone 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
11A-97
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Council members
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
11 A-98
EXH.1
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 9 6103
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
1901 E. 1ST STREET PARTNERS, LLC,
A DELA WARE LIMITED LIABILITY COMPANY
Dated: March 19,2007
11 A-99-
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. 1ST STREET PARTNERS,
LLC, a Delaware limited liability company ("Owner" or "Property Owner").
1. RECIT ALS. 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 comer 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) a mixed-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 both 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)
the time of development.
This Agreement is intended to assure adequate public facilities at
(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.
11 A-1()O
(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 eXIstmg City regulations to provide
mItigation for certain identified 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 Planes) as well as all other applicable ordinances,
plans, policies and regulations of the City.
1.7 City Ordinance. On April 2, 2007, the Council adopted Ordinance
No. NS-2741 approving this Agreement. The ordinance becomes effective thirty (30) days
thereafter.
11A-1~1
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 ("SAMC"), the Metro East Mixed-Use Overlay Zone, this Agreement and the
Entitlements, as defined below.
2.2 "Effective Date" means May 2, 2007, the date upon which the ordinance
approving this Agreement becomes effective.
2.3 "Entitlements" means Environmental Review No. 2006-01, 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 occurring 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. 2007-01 (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.
2.8 "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
11A-t02
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 Release" means the formal approval of the City Building
Department, following its inspection, that residential unites) 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
Designation
Description
Referred to
in Section
A
Property Legal Description
1.3
B
Property Graphical Description (Site Plan)
1.3
C
Additional Offsite Mitigation Measures
5.1.8
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 term 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,
11A-~.o3
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 indemnify, defend (through
its own counsel) and hold City, its officers, agents, employees, consultants, and representatives
harmless from liability for damages, attorneys fees, 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. Owner further agrees to indemnify, defend (through its own counsel) and hold City,
its officers, agents, employees, consultants, and representatives harmless from any Litigation, as
hereinafter defined. For purposes of this paragraph, "Litigation" shall mean shall mean any
lawsuit, action or cross-action, challenging the validity of this transaction, the Project as defined
in Section 2.7, 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 and duty to defend shall
be limited as follows:
(1) Owner shall have no responsibility to defend the City under this section for
any aspect of Litigation challenging Amendment Application 2007-01, General
Plan Amendment No. 2007-01, and/or Zoning Ordinance Amendment No.
2007-01 (the "Overlay").
(2) In the event the Litigation results in a judgment and/or award of damages
and/or attorneys fees related to the Overlay but in no way related to the
application of the Overlay to the Property, Owner shall have no responsibility to
indemnify the City therefor.
(3) In the event of any Litigation the parties hereby agree to affirmatively
cooperate in defending said action.
(4) 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
11A-104
(regardless of type) in connection with the settlement (including attorneys' fees
and cost).
(i) If City determines to settle over Owner's objections, then Owner may
upon thirty (30) days written notice terminate defense of the action.
(ii) 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 incurred prior to the effective date of termination.
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, California 92702
telefacsimile (714) 647-6954
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
11 A-t05
If to Owner, to:
1901 E. 1st Street Partners, LLC
c/o NDC Development
4100 MacArthur Boulevard, Suite 150
Newport Beach, California 92660
Attention: Chief Legal Officer
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
11 A-tO 6
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 subj ect 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, or
issuance of the first building permit for the Project, whichever comes first.
11A-~~7
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 mayor 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.
11 A-1U8
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. Owner and City shall cooperate in good
faith to designate those improvements and/or fees to be funded by the Community Facilities
District or other mechanism. Owner shall have the right to review and approve any final list of
said improvements and/or fees; provided, however that Owner's approval may not
be unreasonably withheld.
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, Owner shall submit a proposed Phasing Plan
to the City, for review and approval by the City's Planning Commission. The proposed Phasing
Plan shall contain those items Owner deems necessary, but shall include the timing for first and
second phase construction and interim site improvements (i.e., landscaping, internal circulation)
between the phases. The approved Phasing Plan must be implemented within 6 months after
completion of the first phase (i.e., issuance of first Utility Release).
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
11A--1&9
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 9 66000 et seq. Owner may
propose in future an alternative in-lieu of the provisions of this section which fully satisfies this
requirement, and if such proposal is consistent with City's park plans and standards, the City
shall consider such proposal in good faith; provided, however, that if approved such proposal
shall be the subject of an amendment to this Agreement entered into pursuant to Government
Code section 65868.
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 III
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, 1-5 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.
11 ATIort 10
(6) Terms and Content:
1. 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
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.
111. 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. S 12101 et seq., Government Code S 4450 et seq., and the Unruh
Civil Rights Act, Civil Code S 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 Government Code Section
65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
faith compliance with the terms of the Agreement at the periodic review.
11 A--111-1
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
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 Council 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 terms 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.
11 A-1I1-2
(3) Non-performance shall not be excused because of a failure of a
third person.
(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 are 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, correct, or remedy any default or breach, to
specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
of Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. 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
11 A-11-3
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
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
11A-11-4
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
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. All
amendments to this Agreement must be in writing signed by the appropriate authorities of City
11A-11-5
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
the appropriate agents of Owner and City shall be recorded in the Official Records of Orange
County, California.
9.3 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 Government 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.
11A--rt16
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
,2007.
THE CITY OF SANTA ANA
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
Approved as to Form:
JOSEPH W. FLETCHER
City Attorney
(signatures continued on next page)
11A--rt17
(signatures continued from prior page)
1901 E. 1ST STREET PARTNERS, LLC,
a Delaware limited liability company
By: CPR DI I, 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
11A..rJ>18
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of 200_, before me,
, a Notary Public III 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
11A-~19
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
11A-1~O
EXHIBIT A
Property Legal Description
THAT PORTION OF LOT 15 OF THE MAYBURY TRACT, IN 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 IN 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 89031 '52" EAST 34.14
FEET; THENCE NORTH 45019'14" WEST 38.26 FEET TO A LINE PARALLEL WITH AND
7.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE
SOUTH 89049'39" WEST 7.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID
WESTERLY LINE SOUTH 0 010'21" 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 400-081-08
11Aoii1~1
TOWER
EXHIBIT B
Property Site Plan
\1
j j
11 A-12-2
EXHIBIT C
Additional Offsite Mitigation Measures
Improvement
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)
turn 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), 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 99 1770-1780 of the California Labor Code.
11 A-12-3
11A-124