HomeMy WebLinkAbout75A - 301 EAST JEANETTE LANEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 2, 2009
TITLE:
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PUBLIC HEARING - EIR NO. 2007-02, ZOA
NO. 2008-04, DA NO. 2004-04, CUP NO.
2008-34, VTTM NO. 2008-04 AND SPR NO.
2008-05 TO ALLOW THE CONSTRUCTION OF
THE CITY PLACE SKY LOFTS RESIDENTIAL
TOWER DEVELOPMENT LOCATED AT 301 EAST
JEANETTE LANE - TRANSACTION FINANCIAL
CORPORATION, APPLICANT
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CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO ~Y'-/7-CU 9 . ,3-~'-L'~
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution certifying Final Environmental Impact Report No.
2007-02.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04.
3. Adopt an ordinance amending Development Agreement No. 2004-04.
4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as
conditioned.
5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04
(County Map No. 17242) as conditioned.
6. Adopt a resolution approving Site Plan Review No. 2008-05.
PLANNING CONIIrlISSION ACTION
On January 12, 2009, the Planning Commission recommended that the City
Council adopt a resolution certifying Final Environmental Impact Report
No. 2007-02; adopt an ordinance approving Zoning Ordinance Amendment No.
2008-04; adopt an ordinance amending Development Agreement No. 2004-04;
adopt a resolution approving Conditional Use Permit No. 2008-34 as
conditioned; adopt a resolution approving Vesting Tentative Tract Map No.
2008-04 (County Map No. 17242) as conditioned; adopt a resolution
approving Site Plan Review No. 2008-05 by a vote of 5:1 (Yrarrazaval
opposed, Turner abstained) to allow the construction of the City Place
75A-1
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
February 2, 2009
Page 2
Sky Lofts residential tower development located at 301 East Jeanette Lane
in the Specific Development No. 59 (SD-59) zoning district. The Planning
Commission made no changes to the modifications outlined in the attached
staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
'~--~.
J y Trevino
Ex tive Director
Planning & Building Agency
SK:rb
sk\reports\city place.020209.cc
75A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 12, 2009
TITLE:
PUBLIC HEARING - EIR NO. 2007-02,
ZOA NO. 2008-04, DA NO. 2004-04,
CUP NO. 2008-34, VTTM NO. 2008-04
AND SPR NO. 2008-05 TO ALLOW THE
CONSTRUCTION OF THE CITY PLACE SKY
LOFTS RESIDENTIAL TOWER DEVELOPMENT LOCATED
AT 301 EAST JEANETTE LANE
Prepared by Sergio Klotz
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning Mana r
1. Adopt a resolution certifying Final Environmental Impact Report No.
2007-02.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-
04.
3. Adopt an ordinance amending Development Agreement No. 2004-04.
4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as
conditioned.
5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-
04 as conditioned.
6. Adopt a resolution approving Site Plan Review No. 2008-05.
DISCUSSION
Request of Applicant
Mr. Bob Bisno with Transaction Financial Corporation is requesting
approval of various entitlement actions for a proposed high rise
residential condominium tower, including certification of the
environmental impact report, zoning ordinance amendment, a development
agreement, conditional use permit, vesting tentative tract map and site
EXHIBIT A
75A-3
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 2
plan review. The proposed project consists of a high rise tower, stacked
townhomes and parking structure on an approximately two acre site. The
residential segment will provide 333 condominium units within the tower
and 20 stacked townhouses wrapping one-side of the parking garage.
Several actions are required to entitle the project: a) the project was
identified to have a potential adverse impact and therefore required an
environmental impact report; b) a zoning ordinance amendment is
necessary to amend the Specific Development No. 59 zoning standards; c)
an amendment to the existing development agreement defining the terms
and nature for the proposed development; d) a conditional use permit is
required to allow a residential high rise project; e) a vesting tract map
is requested to allow the subdivision of the existing property for
residential condominium purposes; and f) the project location within SD-59
requires approval of the site plan.
Property Description
The City Place development comprises approximately 17.7 acres at the
northeast corner of Main Street and Memory Lane. The site extends from
Main Street on the west to Lawson Way on the east and from Memory Lane
on the south to the city border on the north. The tower development
proposed is situated on an approximately two acre parcel located on the
northeast portion of City Place and generally bounded by Lawson Way on
the east, Jeanette Lane along the south to the existing City Place
development to the west and to the city border on the north. The
subject site is located within Specific Development No. 59 (SD-59)
zoning district and has a General Plan Land Use designation of District
Center (DC), which permits residential development. Surrounding land
uses include the Main Place Mall, commercial, retail and residential to
the west; Santiago Park, offices and parking structure to the south; a
senior residential development and offices to the east; and retail,
offices and parking structure to the north (Exhibits 1 and 2).
Project Description
The City Place land use, planning and design provide a mixture of uses
within a common setting. It stresses a people oriented environment
where pedestrian and automobile traffic can co-exist on-site to create
an experience of urban activity in a safe and high quality setting.
7 5A-4
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 3
City Place has been designed with the commercial component oriented to
the west end of the site and the residential component on the east. The
site has been aligned to allow the development to have a greater
presence along all of the frontage streets. The location of the
buildings along Main Street, a commercial corridor, provides a link to
the corridor and a visual connection to the mall.
Currently, the City Place commercial component includes approximately
57,700 square feet of retail and restaurant space. McCormick and
Schmick's and Corner Bakery restaurants are open and operating, while
the Geisha House restaurant is anticipating an opening in early 2009.
Additionally, other commercial uses include a Pinkberry's, Coffee Bean,
Bank of the West, nail salon and the recent opening of Mother's Market.
Seventy-three live-work lofts have been completed extending from Main
Street to the north along the curved City Place Drive to Memory Lane.
The design of the loft units provides large storefronts, pedestrian
level windows, zero setbacks and a height that is consistent in mass,
scale and rhythm with other structures in the area.
The townhouse component provides two designs: The Courtyards and The
Park. Both the Courtyard and Park designs provide residential units
within a courtyard, with all front doors facing the open area. These
developments provide a total of 168 residential units.
The proposed residential tower consists of 333 units plus 20 stacked
townhouse units wrapping the parking structure for a total of 353
condominium units. The tower has been designed in a postmodern
architectural style, with a sleek and contemporary appearance. The
project site is located within the northeast section of the City Place
development (Exhibit 3).
Reaching approximately 366 feet into the air,
levels of living space, four levels of above
levels below. Combining the living space and
levels of structure above grade is proposed.
range in size from 804 to 1,999 square feet and
two and three bedroom units.
the tower provides 27
grade parking and two
parking, a total of 31
The living units will
consist of studio, one,
75~-5
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 4
Vehicular access to the site will occur along Lawson Way and Jeanette
Lane. Loading areas have been provided within the tower including a
service loading area along the north side of the site allowing adequate
circulation on-site and architectural integration.
Analysis of the Issues
At the request of the applicant,
Commission granted a continuance of
2009 agenda. On November 10, 2008,
closed the public hearing for the
public testimony and discussion, the
the December 8, 2008 agenda.
on December 8, 2008 the Planning
the action items to the January 12,
the Planning Commission opened and
City Place Sky Lofts Tower. After
Commission continued the actions to
Environmental Impact Report
The California Environmental Quality Act (CEQA) requires the preparation
and approval of an environmental impact report (EIR) for this project.
The environmental issues analyzed in the EIR include aesthetics,
agricultural resources, air quality, biological resources, cultural
resources, geology and soils, land use and planning, hazards and hazardous
materials, hydrology and water quality, mineral resources, noise,
population and housing, public services, recreation, transportation and
traffic, and utilities and service systems.
A draft EIR (DEIR) was previously distributed to inform public decision
makers, responsible and trustee agencies, and the general public of the
potential effects of the proposed project. On April 23, 2007 a Notice of
Preparation (NOP) and Initial Study (IS) was circulated for the
preparation of Draft Environmental Impact Report No. 2007-02. On May 16,
2007 a public scoping meeting was held at the Santiago Park Lawn Bowling
Clubhouse during the required 30-day public review of the NOP. The EIR
was then prepared based on information provided in the IS, as well as
issues expressed in the comments to the NOP and scoping meeting.
In accordance with CEQA, a draft EIR was circulated for review and comment
by the public, local, regional and state agencies, and interested parties
on November 7, 2007 for a 45-day review period. On November 26, 2007 the
Planning Commission held a public meeting to solicit input from interested
member of the public on the DEIR; no public comments were submitted at
this hearing.
75A-6
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 5
The City has evaluated the comments on environmental issues received from
persons or agencies. In accordance with CEQA, each of the public agencies
and interested parties that comment on the draft EIR will be provided a
response to their comments. Within the DEIR is the Mitigation Monitoring
Program for the project. In addition, the Findings of Fact and Statement
of Overriding Considerations have been included (Exhibit 4).
The DEIR has determined that implementation of the project would result in
unavoidable adverse impacts to aesthetics, air quality and traffic. All
other potential impacts associated with the project were determined to be
less than significant or were provided with mitigation to reduce impacts
to a level considered less than significant.
Aesthetic impacts are a result of shade patterns cast by the height of the
proposed tower and parking structure. Shade would be cast on Town and
Country Manor Retirement Center east of the project and on residential
uses west, northeast, south and southeast of the project site as well as
park uses which are not shaded by existing site features. These areas
would receive one-half hour more of shade at various times of the year.
Air quality impacts are a result of construction and during the operation
of the completed .project. During construction .and the application of
architectural coatings, thresholds established by the Southern California
Air Quality Management District (SCAQMD) will be exceeded and result in a
significant adverse short-term regional air quality impact. Additionally,
after project completion and operation begins, emissions of reactive
organic gases (ROG) produced by vehicle and stationary sources will result
in exceedance of operational thresholds established by SCAQMD. These ROG
emissions are based on the volume of project related trips attributable to
the proposed project. As a result, the ROG emissions cannot be mitigated
to below a level of significance and would constitute an unavoidable
significant adverse impact related to air quality.
Implementation of the proposed tower would result in temporary
cumulative traffic impacts. The 2010 traffic conditions between La Veta
Avenue and Town and Country Road cannot be mitigated to below a level of
significance without amending the Master Plan of Arterial Highway (MPAH)
road classification from a Major Arterial to a Principal Arterial. This
road reclassification would provide one additional lane in each
direction. In the year 2030, this road segment will operate at an
75A-7
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 6
acceptable Level of Service (LOS) with or without the proposed project.
Daily volumes projected for 2030 were generally forecasted to be lower
than the daily traffic volumes in 2010 because the build out of the MPAH
would provide additional road capacity on the parallel north-south
arterial highways such as Bristol Street to the west and Grand Avenue to
the east. The additional road capacities on these arterial highways
would alleviate traffic demand on Main Street by shifting some of the
traffic demand on Bristol Street and Grand Avenue. Therefore,
implementation of the proposed tower would create a temporary
significant and unavoidable adverse impact to Main Street between La
Veta Avenue and Town and Country Road until Bristol Street and Grand
Avenue are built out to the MPAH designations.
The environmental impact report has identified a significant and
unavoidable impact to aesthetics, air quality and traffic. No feasible
mitigation measures are available to reduce the effect. As a result of
the impacts that cannot be mitigated to a less than significant level,
adoption of a Statement of Overriding Considerations is required prior to
approving the project. A Statement of Overriding Considerations is the
process through which decision makers balance the economic, legal, social,
and technological or other benefits of the proposed project against its
unavoidable environmental impacts.
Zoning Ordinance Amendment
The specific development district is a customized zoning classification
used for unique and/or mixed-use projects. In 1993, a specific
development zone (SD-59) was approved on the site to accommodate an
extremely intense mixed-use project. The entitlement included a 22 and
32-story office tower, 19-story residential tower (216 units), hotel,
parking structure, restaurants, health club, retail space, cinemas and
live theater and attached residences (64 units). The total project
gross square footage was 1,964,770 with parking to accommodate 5,464
vehicles.
In 2004, the specific development plan was amended to allow the current
development of City Place incorporating the intent of the previous
entitled project. The specific development text lays out criteria for
the review of the current construction project.
75A-8
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 7
In their decision to amend SD-59 in 2004, the City Council directed the
developer to investigate the feasibility of constructing a residential
tower on a two acre parcel in the northeast portion of the site. After
careful consideration, the developer concluded that a high-rise
residential condominium project was feasible and appropriate, and
submitted plans for review. As a result of the proposed project, the
development of this parcel differs from the actions previously approved
and therefore requires an amendment to the current SD-59 (Exhibit 5).
The following highlights those changes:
Land uses
The primary change to SD-59 is to allow a residential tower by issuance
of a conditional use permit. In 2004, in order to ensure the Council's
opportunity to review a project on the remaining two acre parcel, SD-59
was amended to only allow one single-family residence per acre. By
doing so, future development of the site beyond two single-family homes
would allow the Council to provide future input and review.
Additionally, staff is requesting changes that help to clarify the uses
permitted on the commercial component. These changes would not add nor
delete uses currently allowed within SD-59. The changes would merely
provide clearer direction on the list of uses currently permitted. A
variety of commercial uses will continue to be permitted with an
emphasis on sit-down eating establishments and retail.
Parking
The current SD-59 standards do not address parking requirements for
residential condominium units configured in a high rise. Unlike the
current development on-site, the high rise will not provide two-car
garages for each unit but rather provide parking within a parking
structure design. The proposed parking garage is designed with two
levels of parking below grade and four levels above grade. A total of
729 parking spaces will be provided including visitor parking. The
parking accommodates two parking spaces per unit, with studio units
assigned one parking space each and an additional 70 parking spaces for
visitors. An amendment to SD-59 is needed to include these parking
standards for Lot 1 of Vesting Tentative Tract Map No. 17242.
75A-9
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 8
Building Height
The maximum building height will be adjusted to mirror the tower project
as proposed, a maximum of 366 feet. This change would only allow this
height on Lot 1 of Vesting Tentative Tract Map No. 17242. All other
height restriction will remain in place.
Development Agreement
The development agreement is a legal contract between the developer and
the City defining the terms and nature of development. In 2004, a
development agreement was approved; the term of the agreement is eight and
one-half years. It establishes development intensity, density, permitted
uses and standards for the term of the agreement. In exchange for the
City vesting the standards and changing allowable intensity, the
development agreement requires certain public benefits (Exhibit 6). The
main points of the amended agreement as proposed by staff are:
1. Term: The term of the development agreement will provide 10 years.
If by the seventh year permits have not been obtained, additional
fees will be applied including public art.
2. Inclusionary Housing Fee: An inclusionary housing fee of $3,000 per
dwelling unit or a minimum $1,059,000 is required. As 353 units are
proposed, this would generate $1,059,000.
3 . In-Lieu Park Fee : The developer is required to pay the City an in-
lieu park fee of $7,841 per unit. This is expected to amount to a
fee of approximately $2.76 million.
4. Conditions, Covenants & Restrictions: The developer is required to
prepare and record CC&Rs to cover the residential units similar to
those CC&Rs required of the first phase as well as Nexus and First
and Cabrillo projects. These requirements limit the number of
residents in each unit and require owner occupancy.
Conditional Use Permit
A conditional use permit has been requested to allow the residential
condominium tower project. Should Zoning Ordinance Amendment No. 2008-
04 be approved, a conditional use permit will be required for any
75A-10
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 9
proposed residential condominium tower on Lot 1 within the SD-59 zoning
district. The residential tower component is envisioned to create an
urban element and focal point within this mixed-use environment. The
overall plan for City Place encourages a variety of residential living
opportunities linking the components and accentuating the District
Center urban character. The residential tower units have been designed
in a manner that is harmonious in scale and character with existing
development adjacent to City Place, contributes positively to the
surrounding commercial and residential areas, provides a development in
keeping with the standards for high-rise residential towers.
The high=rise tower will provide 333 units,- while 20 stacked townhomes
will line the southern side of the parking structure. The tower will
position its entry at the western corner of Jeanette Lane accented by
two water fountains. The townhouse units will front directly onto
Jeanette Lane extending from the tower lobby eastward to Lawson Way.
Each unit within the tower will be approximately 804 to 1,999 square
feet in size and will range in studio, one, two and three bedroom units.
The townhouses have been designed as either a loft style or more
traditional townhome, two stories in height. These units will be 1,494
square feet in size and offers two bedroom and two and one-half baths.
Open space has been provided in a variety of ways including common and
private areas. All units, both within the tower and townhouses will
provide open space in the form of private decks or balconies for the
sole use of that unit. The average area size of the private space is
approximately 100 square feet. Additionally, on the podium deck, common
open space has been provided. This area contains both open and enclosed
open space. A pool, spa, fireplace, seat walls, tables, chairs and
chaise lounges will be provided throughout the open deck. In addition,
enhanced paving will be provided on the amenity deck as well as
landscaping located within plant containers. The outdoor space is
approximately 35,169 square feet in area. Indoors, on the same level, a
1,032 square foot media room, 1,222 square foot common dining room and
1,503 square foot gym will be accommodated. All of these accommodations
will be available for the use by all residents.
Private storage space will be provided for each unit. The Sky Lofts
Tower will have one storage space per unit within the parking garage
that is a minimum of 40 square feet in size.
75A-11
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 10
Vesting Tentative Tract Map
The proposed vesting tract map for this project satisfies two objectives
set by Council to provide for-sale units. The proposed vesting map
creates condominium subdivisions for each housing type. The condominium
subdivision is necessary to provide the for-sale units. This encourages
home ownership (Exhibit 7).
The vesting nature of the map ensures that the standards to be applied to
the project will be those adopted with the approval of the map. The map
is designed to be in compliance with the applicable development standards
found in Chapter 34 and the Specific Development document.
Site Plan Review
Santa Ana Municipal code requires a review by Planning Commission of all
plans within a specific development area to ensure the project is in
conformity with the specific development standards. The review also
ensures that the buildings, structures and grounds are in keeping with the
neighborhood and will not be detrimental to the development of the
specific development zone. The proposed project is in compliance with all
applicable development standards including the General Plan, Municipal
Code and the City Place Specific Development Plan (SD-59), as amended.
Additionally, the proposal is in keeping with the surrounding area and
will improve the desirability of investment in the City. Finally, the
project has been determined to be in compliance with applicable parking,
landscaping and architectural provisions governing the project.
The residential tower development project will enhance and provide a
positive improvement to the north Main Street district though the
development of a significant vacant parcel of land within the City Place
development. The development of this site with high quality design,
materials and finishes, the inclusion of a fountain, a ground level lobby
and residential units, and the creation of a physical and visual link
within City Place will help in energizing and strengthening this northern
gateway area. The project will reinforce an active, vibrant urban
lifestyle envisioned within the District Center designation of the General
Plan. Additionally, the project will be of direct benefit to the
community by providing additional housing opportunities in the City. The
75A-12
EIR No. 2007-02; ZOA No. 2008-04;
DA No. 2004-04; CUP No. 2008-34;
VTTM No. 2008-04; and SPR No. 2008-05
January 12, 2009
Page 11
project addresses many goals and policies of the General Plan by assisting
in the growth of an economically viable corridor, provision of a variety
of residential land uses and the construction of a high quality
development project.
As a result, it is recommended that the Planning Commission recommend that
the City Council certify Environmental Impact Report No. 2007-02, and
approve Zoning Ordinance Amendment No. 2008-04, Development Agreement No.
2004-04, Conditional Use Permit No. 2008-34, Vesting Tentative Tract Map
No. 2008-04 and Site Plan Review No. 2008-05 pursuant to the findings and
conditions attached (Exhibits 8 through 11).
75A-13
sk\reports\city place.011209.pc
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75A-15
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REFER TO ENVIRONMENTAL
IMPACT REPORT VOLUMES I AND II
FOR THE CITY PLACE SKY LOFTS
PROJECT
EIR 07-2/ZOA OS-4/
DA 04-4/CUP 08-34/
VTTM 08-4/SPR 08-5
EXHIBIT 4
75A-39
APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41, Division
26, of the Santa Ana Municipal Code, is specifically subject to the regulations
contained in this ordinance for the express purpose of establishing use district
regulations. All other applicable chapters, articles and sections of the Santa Ana
Municipal Code shall apply unless expressly waived or superseded by this
ordinance. Use district regulations established in Chapter 41, Article III, of the
Santa Ana Municipal Code for zoning districts other than the SD zoning district
maybe incorporated herein by reference.
PURPOSE
The Specific Development No. 59 (SD-59) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare of the City by encouraging the use of innovative planning concepts and
principles and promoting and enhancing the value of properties and encourage
orderly development.
The SD-59 regulations will establish a professional district that will entitle 57,700
square feet of commercial space at the northeast corner of Main Street and
Memory Lane with ~ 540 for sale residential units further to Lawson Way.
This area will be a mixed use district with eating establishments, support services
and a residential component consisting of live-works townhouse units and
hi«,h rise tower.
EIR 07-21ZOA 08-41
DA 04-4/CUP 08-341
VTTM 08-4lSPR 08-5
EXHIBIT 5
1
75A-40
PART I. GOALS, OBJECTIVES AND POLICIES
City Place Specific Development District is located within the northern area of the
City. The City Place Specific Development District encompasses a large vacant
property bounded by Main Street to the west, Memory Lane to the south, Lawson
Way to the east and the City boundaries to the north. A regional mall,
professional offices, a senior care facility and Santiago Park surround the project
site.
The City Place Specific Development District maintains a commercial corridor
along Main Street while introducing a residential character along the eastern
portion of the district, with a mixture of live-work1 townhome ~ and
hifJ:h rise tower. The City Place mixed-use project is intended to be an addition to
the commercial corridor and an infusion of housing to the district along the north
Main Street section of the City. In addition, the mixed use plan for this site will
result in the project becoming a node, or place of activity. The objectives of the
City Place Specific Development Plan includes the provision of the following:
A long-term development that is of the highest architectural quality
and design;
2. A landscaping plan that is complementary to a large scale mixed
use development;
3. An exciting and visually cohesive development as viewed both
internally and externally;
4. A bold but integrated sign program suitable for a mixed use project
of this scale and scope;
5. A development that is consistent with the District Center
designation of the General Plan and which implements the spirit
and intent and policies of the General Plan;
6. Concentrated and internally integrated development rather than
development that spreads activities into adjacent residential
neighborhoods;
7. A development that provides special design themes which are
expressed in building appearance and configuration, street and
pedestrian area design, landscaping, lighting and signage, and also
provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in
architectural scale and character;
7 5A-41
Provision ofoff-street parking sufficient to service the
development, consistent with the mix of uses contained in the
project;
9. Provision or replacement of public streets, sidewalks, sewers,
storm drains, traffic signals, lighting systems, and other public
facilities and improvements, as necessary;
10. Opportunities for cultural amenities and facilities serving the visual
and performing arts which are open for public patronage.1
11. A landmark mixed-use project along north Main Street across from
Main Place Ma11.1
12. Maintain the existing streetscape pattern including sidewalk
design, mature trees and light fixtures:i
13. Introduce a mixture ofmulti-family housing types to the district.-;
14. Provide amixed-use project in scale and character with established
commercial and residential structures along the north end of the
district-; and
15. Enhance the pedestrian experience through the development of
new plaza areas and water features throughout the project as well
as the intersection of Main Street and Memory Lane.
75A-42
PART II. PERMITTED LAND USES
The categories of land uses to be included within the project area are: banks and
similar financial institutions, retail and restaurants. In addition multi-family
residential uses (excluding live-work units) are permitted. If a use is for any
reason omitted from those specified as permissible or if ambiguity arises
concerning the approximate classification of a particular use within the meaning
and intent of this Plan, the determination shall be at the discretion of the Planning
Manager. Such decision maybe appealed to the Planning Commission whose
decision is final.
Permitted Uses.
a. Within Buildings A, B, C and D (as identified on site plan), the
following uses are permitted:
b. Retail sales uses including but not limited to clothing stores or
boutiques; florists; news-stands; pet stores; photography studios;
video stores; office and computer equipment book and stationery
store; camera shop; shoe store sporting goods store; art gallery;
craft store; cultural displays and related merchandising; bicycle
store; pharmacies and drug stores; fabric shops; jewelry shops;
furriers, design and furniture centers; cookware and gourmet
specialty shop; office furniture store.
c. Full service cafes and restaurants which may include incidental
take out service. Full service cafes and restaurants shall be limited
to those that provide sit-down dining areas and exclusive table
service for ordering and delivering meals and beverages.
d. Day care facilities
e. Museums and libraries
f. Theaters
g. Within Building E, as identified on site plan:
i. Retail use with a minimum of 25,000 square feet.
h. Within the Courtyards and The Park, as identified on site plan:
Multiple family residences as condominiums.
4
75A-43
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, j acuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
i. Within The Lofts, as identified on site plan:
i. Permitted uses as identified in Section A. 1-5, 8, 9 and 11.
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, Jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
j. Within Lot 1, as identified on Vesting Tract Map No. 2004-06
(County No. 16565):
i. Single family residences at a maximum density of one unit
per acre.
k. Ancillary uses to commercial area:
i. A maximum of five permanent outdoor sales kiosks or
carts. The size and location of each Kiosk or cart shall be
approved on a masterplan of such uses by the Planning
Commission prior to their construction or installation.
2. Conditionally Permitted Uses
The following uses are permitted upon the approval of a conditional use
permit in accordance with the Santa Ana Municipal code:
a. Within Buildings A, B, C and D (as identified on site plan):
i. Uses open between midnight to 5:00 a.m.
ii. Banquet facilities, subject to development and operational
standards set forth in 41-199.1.
iii. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally
permitted use, except adult entertainment businesses.
iv. Establishments selling or serving alcoholic beverages.
v. Coffee houses houses or similar uses not specifically listed
in Part II, Section l.d. of this ordinance.
5
7 5A-44
vi. Parking structures
b. Within The Lofts, as identified on site plan:
i. Live-work communities
ii. Ceramic and pottery studios
iii. Glass blowing and sculpturing studios
iv. Coffee houses
v. Temporary residential model complex and office
c. Within The Courtyards and The Park, as identified on site plan:
i. Temporary residential model complex and office
d. Within Lot 1. as identited on Vesting Tract Man No. 2008-04
(County No• 17242
i. High rise residential condominiums to a maximum of 333
dwelling ununits.
ii. Stacked townhomes condominiums to a maximum of 20
dwelling. units.
de. Within Building E, as identified on site plan:
i. Retail grocery markets which are open at any time between
the hours of midnight and 5:00 a.m.
ef. Within the commercial component area:
i. Certified Farmers Market for the sale of vegetables, fruits
and other agricultural products on weekends and holidays
only from 6 a.m. to 2 p.m.
ii. Community oriented live performance theater.
3. Uses Not Permitted
a. Schools, private or public.
b. Medical office or clinics.
75A-45
c. Commercial uses with vehicular dive-through lanes or windows
(i.e. drive-through restaurants, pharmacy or similar uses) are
prohibited.
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or conditionally permitted in
this ordinance
7
75A-46
PART III. DEVELOPMENT STANDARDS
The City Place Specific Development District is intended to allow the development
of a mixed-use project maintaining a commercial presence along Main Street, while
introducing a mixture of multiple family housing to the eastern portion of the
development site. The following general development standards are applicable to
this project:
A. Floor Area Ratio/Density.
The following sets forth the maximum allowable floor areas for the
various permitted use classifications of the project. The overall Floor
Area Ratio ("FAR") of the Main Street Concourse project of
approximately 2.54. This FAR represents the maximum intensity of
development for the site.
1. Floor Area Ratio (F.A.R.)
The maximum floor area ratio for the project site shall be 2.54. The
FAR is calculated by dividing the total square footage of the
structures by the total square footage of the project site. Consistent
with the General Plan, parking structures are not included in the FAR
calculation.
2. Parcel Size
The City Place development project site is 17.7 acres. Subdivision of
the parcel shall be consistent with Vesting Tract Map No. 2004-06
(County No. 16565). In no case shall commercial buildable parcels be
less than 6 acres in size and residential buildable parcels be less than 2
acres m size.
Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
A. As a mixed-use development, the Specific Development
standards recognize the opportunity to share parking
amongst the mixture of commercial uses. In addition the
SD 59 acknowledges that the mix and proximity of
residential units and commercial space allows for the
opportunity for a variety of transportation modes, primarily
walking as an alternative. As such, the following parking is
required:
8
75A-47
a. Parking has been calculated utilizing the Urban
Land Institute methodology for shared parking. As
such, the following square footage can be utilized
within the commercial area of the City Place
development project:
i. For the first 23,300 square feet of restaurant,
33,800 square feet of retail, the parking
requirement shall be 410 parking spaces.
ii. Any additional development above item
4A.a. i. shall be parked pursuant to the
City's parking standards then in effect.
b. Residential High Rise Parking
One, two and three bedroom units shall
provide two parking spaces per unit.
ii. Studio units shall provide one parking space
per unit.
iii. In addition to items 4.b.i and ii, 70 parkin
spaces or an additional 10.5% whichever is
f;reater shall be provided.
bc. Parking Setbacks
i. Internal Loop Road:
The minimum required setback for the
parking area is 15 feet as measured from edge
of sidewalk.
Edl. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
dc. Landscaping:
i. Landscaping throughout the project shall be
in compliance with the landscape plan
attached.
9
75A-48
ii. The landscape plan shall be fully
implemented prior to the issuance of any
certificate of occupancy.
5. Open Space
a. A minimum ground level open space shall be provided at a
minimum rate of 60 square feet per unit. This ground level
open space shall be centrally located on the site to provide
access to all units.
Private open space shall be provided at a minimum rate of 50
square feet per unit.
b. For a high rise tower, common open space with a minimum of
35,109 square feet. Such omen space shall provide at minimum
the following_~l, spa, fireplace, seat walls, tables, chairs,
chaise lounges ~as well as mature landscaping
6. Signage
a. All signage shall comply with the Santa Ana Municipal
Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics, shall be submitted to and be
approved by the Planning Division.
7. Plaza and Fountain Design
a. The overall plaza design theme shall incorporate a
minimum of 6 major pedestrian-level water features within
the commercial component and 7 pedestrian level water
features elements within the residential component.
b. The plaza landscape palette must include a minimum of
four (4) tree species, to be approved by the Landscape
Development Associate prior to the issuance of any
building permit. The minimum established size for palm
trees shall be 30 feet brown trunk height. Non-palm tree
species shall be a minimum of 20 feet in height and 60-inch
box.
10
75A-49
Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved
by the Planning Commission ~ ~*°a ~ ~~+'~~~ T*°~ ~.~. ~r
t-1}is-deexmerrt.
d. Plazas shall incorporate seating, benches and landscaping
to provide visual interest and additional amenities within
the plaza.
e. Pedestrian amenities shall be provided such as lighting,
planters, unit pavers, and bicycle racks.
f. The color and appearance of the plaza furniture products
and other elements must complement the overall plaza
design and building architecture.
g. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and
weather.
h. Trash receptacles should be located in high-activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other project furnishings.
Bike racks shall be provided at key activity locations within
the plaza.
j. All street furniture surfaces, pedestrian-level walls and
amenities shall incorporate graffiti resistant coatings.
k. Soft as well as hard surfaced areas shall be incorporated
into the Plaza area. Plaza area paving shall consist of
quality decorative elements.
1. Lighting height in the plaza area should be at a pedestrian
scale. A range between 16 feet and 22 feet in the plaza area
should be fully illuminated from dusk until dawn. The
overall lighting shall be maintained at one-foot candle and
incorporate other pedestrian-oriented lights, such as lighted
bollards. Uplighting of trees and other site features is also
required.
m. The required plaza area shall include adequate provisions
for the on-going maintenance of all plaza and pedestrian
improvements.
11
75A-50
n. Plans shall include design details, materials and provisions
for the on-going maintenance for all interior public areas
within the plaza area.
Public Art
a. Public art valued at one half of one percent of the overall
project construction valuation is required. The cost of any
water feature or portion thereof shall not be included for
purposes of complying with the public art requirement.
Public art maybe comprised of multiple art pieces,
however, at least one such art piece shall be placed at the
northeast corner of the project site adjacent to Main Street
and Memory Lane. The public art should invite
participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history,
and/or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes
specific pieces of art for specific locations or applications,
shall be submitted to the Planning Commission for review
and approval prior to issuance of any certificate of
occupancy. All public art approved by the Planning
Commission in the Public Art Plan shall be completely
installed prior to the issuance of any certificates of
occupancy for the project.
b. Art should be sited to complement features such as plaza or
architectural components so that the art is an integral part
of the development site.
c. Public art should be constructed using durable materials
and finishes including but not limited to stone or metal.
d. No art piece provided pursuant to the public art
requirement shall include advertising of any type, including
but not limited to products, services or businesses.
e. All public art provided pursuant to the public art
requirement shall be properly maintained at all times, be
free of any graffiti and shall not incorporate any flashing or
distracting form of illumination.
f. All art pieces approved and installed pursuant to the Public
Art Plan shall remain on the project site and may not be
removed without the approval of the Planning Commission.
12
75A-51
B. CC&Rs.
Reciprocal easements and Conditions, Covenants, and Restrictions
(CC&RS) tying the overall project together as an integrated development
and providing for joint access, ingress, egress, drainage, property
maintenance standards, trash pick-up operations, circulation and parking
management shall be recorded with the first final map prior to for the first
phase of development. The residential and non-residential portions may
be described in separate sections but they must be tied together by a single
master document. The Master CC&R's shall address trash and reciprocal
use rights in the residential and commercial components.
C. Building Height.
On any lot or portion of a lot, except Lot 1 of Vesting Tentative
Tract Map No. 2008-04 (County Map No. 17242), in of the
Specific Development Plan area no building or structure shall
exceed 50 feet in height, as measured from the lowest adjacent
finished grade.
2. On Lot 1 of Vesting Tract Map No. 2008-04 (County Map No.
17242) no building or structure shall exceed 36G feet in hei h~ t as
measured from the lowest adjacent rg ade.
D. Setbacks.
Setbacks at ground level are established to enhance pedestrian
space throughout the district, create compatible relationships
between existing and future building street elevations and
recognize opportunities to create new open space resources, such as
plazas, pedestrian ways and landscaped areas.
Except as otherwise indicated, all setbacks shall be measured from
the street side property line to the first building element or
structure. No building, structure, or parking facility shall encroach
into any required perimeter setback either at or below grade. For
the purpose of this Plan, a street side property line is that line
created by the ultimate right-of--way line of the adjoining public
street. Minimum setbacks are as follows:
a. Main Street (perimeter): The average building setback
shall be 19.5 feet. The minimum setback shall be 8 feet.
This setback area may include hardscape as shown on the
approved site plan.
b. Lawson Way (perimeter): The average building setback
shall be 18 feet. The minimum setback shall be 7 feet.
13
75A-52
c. Memory Lane (perimeter): The average building setback
shall be 11 feet 8 inches. The minimum setback shall be 3
feet 4 inches. Hrdscape, landscape and water features
shall be provided in the required setback as shown on the
approved site plan.
d. City Place ~ Drive (interior street set backs): The
minimum setback shall be 15 feet measured from street
curb.
Jeanette La~~e interior street setback): The minimum
setback shall be 13 feet measured from street curb.
2. Required on-site perimeter landscaped setbacks shall not exceed an
aggregate 33% slope.
3. Within the interior of the project, retail canopies may project five
(5) feet into setback area.
E. Site Coverage And Open Space.
For purposes of this Section Ft, open space shall not include private
streets or driveways, roadways or parking stalls. Open space does
include landscaping, walkways, and covered arcades.
2. Residential open space maybe private common area or private
yard but shall in no event include any space provided in required
setback areas. The CC&Rs shall require that all residents be
allowed access to all residential common areas in the project,
subject to reasonable restrictions as maybe imposed for security
and safety by property management. No required setback area
shall be calculated as required open space.
Individual parcels or lots will not be limited in site coverage. Each
parcel shall have a minimum 120 feet of street frontage.
4. Single family attached residential shall provide a minimum of 50
square feet of ground level private yard open space per unit, which
open space shall be adjacent to the living, dining or kitchen area of
each unit. Perimeter fence shall be provided and shall not exceed
five feet in height on the exterior and 42 inches on the interior.
Condominium units shall contain a balcony with dimensions not
less than six feet in any direction of private open space area.
14
75A-53
6. Pathways from the common area through the private yard open
space shall not be included in the calculation of private open space
area.
F. Parking.
Vehicular site access points will be provided from Lawson Way,
Main Street, ~ Memory Lane and from Jeanette Lane, as
defined on the site plan.
2. There shall be no sharing of residential parking.
3. Parking gate locations and stacking distances shall comply with
applicable Department of Public Works policies.
4. No partitions, walls or other obstructions shall be built or placed
with the garages preventing the spaces from being used by
residents for the parking of vehicles.
5. Recreational vehicle, boats, trailers or similar storage is prohibited
on-site.
6. The townhouses shall be designed with vertical roll-up garage
doorsL here applicable.
7. All paved areas shall be sloped to drain. Finished slope of areas
paved with asphalt concrete (AC) shall be not less than one
percent. Finished slope of areas paved with portland concrete
cement (PCC) shall not be less than one-half of one percent.
Portland Cement concrete gutters shall be installed to receive
drainage from asphalt concrete paved areas; such gutters shall be
not less than three feet in width.
Residential parking is calculated separate from commercial
designated parking and no provision is made for shared parking
consideration.
9. All parking areas shall be surfaced with material so as to provide a
permanent surface capable of withstanding the type of vehicular
traffic to which such an area is likely to be subjected as follows:
a. Covered Parking Areas -Passenger vehicle parking areas
within or under building shall be paved with Portland
Cement Concrete with a minimum compressive strength of
2,000 p.s.i.
75A5 54
b. Open Parking Areas -Parking areas other than those within
a building may be paved with asphalt concrete. Asphalt
concrete pavement shall be a minimum thickness of three
and one-half for passenger vehicle parking areas.
Thickness of asphalt concrete may be reduced to a
minimum thickness of two inches for passenger vehicle
only traffic, provided an approved aggregate base course is
constructed under the asphalt pavement. The minimum
thickness of such base course shall be four inches.
c. Surfacing, Parking or Drive Aisles -All off-street parking,
vehicle maneuvering areas, turn-around areas, driveways,
and private streets, shall be surfaced, and thereafter
maintained with Portland Cement Concrete poured to a
minimum thickness of 5%2 inches.
10. Paved areas shall be designed to carry surface water to the nearest
practical street, storm drain, or natural watercourse. Concentrated
flows of water from parking areas shall not flow by gravity over
any public property or pedestrian walkway, but shall be collected
in an appropriate manner within the property confines and
conducted under the sidewalk.
11. All parking areas shall be maintained in a safe and sanitary
condition free of dust, mud, or trash, and shall be kept in good
repair. Any alteration, enlargement, maintenance or repairs shall
be pursuant to the aforementioned standards.
12. All parking spaces shall be double striped in a manner clearly
showing the layout of the intended parking stall. Such striping
shall be maintained in a clear, visible and orderly manner.
G. Loading Areas.
1. Entrances and exits to loading facilities should be limited in
number and shall not interfere with the flow of traffic along the
perimeter streets.
2. Loading areas should be located so as to minimize potential for
intrusion into residential portions of the project and adjacent
neighborhoods while allowing for efficient utilization by
commercial users.
3. Loading areas shall be located and designed to minimize direct
exposure to public view. These areas shall be screened with
landscaping and walls to reduce visual impacts.
756 55
4. Loading areas shall be visibly separated from public entrances and
parking areas.
5. Loading stalls shall be designed to not interfere with circulation or
parking, and to permit trucks to fully maneuver on the property
without backing up from or onto a public street.
6. Loading areas shall be graded to drain surface water to an alley,
street or public storm drain. Surface water shall be conducted
under any intervening public sidewalk by a drain approved by the
Public Works Department and in accordance with a valid NSDES
Permit. Under no circumstances shall surface water be allowed to
collect in pedestrian areas.
7. The surface area used for any loading activity shall be paved with
not less than 4 inches of asphaltic concrete on 8 inches of crushed
rock base, or with 5 %2 inches of Portland concrete cement. Soil
conditions or the nature of the trucking activity may necessitate
greater requirements as determined by the Division of Building
and Safety and a soils report prepared by a licensed soils engineer.
8. Each loading space aligned with and directly adjacent to a parking
space shall be clearly designated, "LOADING ONLY."
9. At a minimum, separate loading areas shall be designated on the
approved site plan or any modification thereto, for each adjacent
retail shops/restaurants.
10. A loading areas for the project shall be able to accommodate a 55
foot semi-trailer for the Building E.
H. Storage Areas/Mechanical Equipment.
1. All mechanical equipment shall be screened below parapets and
situated to minimize visual impacts.
2. No outdoor storage shall be permitted.
3. There shall be no exposed television, ham radio, dish or other
antenna.
I. Refuse Collection Area.
A refuse collection area shall be located at each loading dock per
approved site plan.
17
75A-56
2. All outdoor refuse collection areas shall be visually screened from
access streets and adjacent property by a complete opaque screen
or by rolldown screened doors, or by landscaping and fencing.
3. No refuse collection areas shall be permitted between a frontage
street and the building line, unless adequate screening is provided.
4. The commercial and residential uses shall provide a trash pick-up
operation agreement to be included in the CC&R's for the project.
5. Each trash enclosure shall have a minimum of six inch concrete
slab in front of the enclosure that is at least the same dimension as
the trash enclosure.
6. Townhouse unit trash vestibules shall be designed with a hose bib
for washing out the area.
7. All trash enclosures throughout the project shall be designed with
metal doors.
Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer
Service.
1. All "on-site" utilities shall be placed underground.
2. Transformers or terminal equipment shall be visually screened
from view from streets and adjacent properties and maybe located
in concrete vaults below grade.
3. There shall be no exposed downspouts, scupper drains, electrical
or mechanical limes on the building. All mechanical equipment
shall be screened from view in an architecturally integrated
manner.
4. All residential units shall be separately metered for electrical, gas
and water service.
Sanitary sewer, storm drainage and water service shall be designed
as a private system on-site. There shall be private water meters as
outlined in Section 34-313.5 of the Santa Ana Municipal Code.
6. The utility lines in the townhouse drive aisle shall be laid out so as
to not prevent the planting of trees and other landscape material in
the drive aisle area.
75Ag 57
K. Maintenance.
The entire project shall be maintained to exceed community standards for
attractive and sanitary conditions. The CC&Rs for the project shall set
forth the maintenance procedures applicable to the project. A
maintenance agreement approved by the Executive Director of Public
Works Agency shall be executed with the City for the maintenance of
special pavement treatment, planting, street lights, etc. in the public right-
of-way and in required easement areas. This agreement shall be executed
with the City prior to recordation of any subdivision map and included or
referenced in the CC&Rs for the project.
19
75A-58
PART IV. DESIGN STANDARDS
A. Interior Streets
City Place ~ Drive.
The tone and pedestrian experience of the project will be largely
determined by "Cit Py lace ~ Drive," a wide interior street
which will curve through the project. Cit, Py lace T''° r~r°°••r°° is
intended to lend a unifying component to the project as well as link
different uses together.
a. Cit P~ ~ Drive will consist of a 34' road bed
with minimum 14 feet walkways on either side covered
arcades may count up to nine rectalinear feet of the
walkway.
b. Cit Py lace Drive will not be a public street, but
will be open to the public subject to parking management
rules and regulations as approved by the City and contained
in the CC&Rs for the project.
c. All pedestrian walkways will be separated from the
vehicular areas by curbs and gutters.
d. Handicapped access ramps will be provided per the Code.
e. City Place ~ Drive will be designed to
accommodate fire trucks, semi-trucks, and other service
vehicles.
f. Cit~lace ~ Drive, including all roadways,
walkways, landscaping, furniture and fixtures will
incorporate high quality materials and enriched paving.
The overall effect should include dramatic lighting of
landscaping, signs and buildings.
g. Street furniture and pedestrian shelters are elements that
would contribute well to the unified street edge. One style
will be used throughout Cit_ Py lace ~ Drive in
order to create a unique sense of place. Seats, benches,
trash receptacles, bicycle racks, telephones, light fixtures,
potted plants, signage and banners consistent with the
architectural themes and concepts and other miscellaneous
street furniture shall be included in a coordinated manner
throughout the City Place ~~eurse area.
75A-59
h. Tree wells shall be a minimum of three feet by three feet
with protective tree grates and collars.
2. Residential Internal Streets.
a. The internal circulation road within the residential
component of the project will have a minimum 22' wide
paved roadbed and a minimum 3 ft. of landscaping on
either side. The road is intended to serve as an internal
road open to residents and their guests, Property
management, garbage carts, etc., but it will not be a
publicly dedicated street. No heavy trucks will be allowed
on the internal road.
b. The internal circulation road will incorporate high quality
masonry paved materials throughout the residential units.
3. Vehicular Loading Access Roads.
a. Service roads will incorporate asphaltic concrete paving
with curbs and gutters.
b. All service roads will be accessible by semi-trucks (wheel
base 50) and service vehicles.
c. Colored paving materials and concrete maybe used as
accent materials at entry locations (not including public
right-of--way or required easement areas) on the property to
visually define entryways.
B. Building Mass, Form And Architectural Style.
One critical component of the City Place ,~,r.,;~ c*r°°* r~„,.,,,,,.~° design is
the consideration of architectural style, mass and form. Architectural style
shall impart a distinct building image. Mass shall relate to the desired
scale and form shall be used to lend interest to the overall effect of the
mixed use development.
Building masses shall be simple in form and composed of strong
geometric shapes including rectilinear forms with facade
variations, round, columnar, stepped (terraced) or pyramidal
shapes. Building mass forms maybe composed of ornate
historical building styles or a combination thereof.
75160
2. General building form shall be indicative of the functions that take
place within. Pedestrian spaces and entrances should be apparent
and ceremonial.
3. Internal building structure shall be delineated with clear definition
of floors and vertical supports.
4. Large flat unarticulated building faces shall be avoided.
5. Window fenestration must be carefully orchestrated to complement
the basic masses, provide scale and modulation of building
surfaces and to allow perferation of solid shapes.
6. The mass form and orientation of commercial buildings must be
sensitive to adjacent residential areas and pedestrian linkages.
7. Building forms maybe exaggerated to express a particular style.
8. Special architectural enhancement shall be included at the
pedestrian level of all commercial and retail buildings by utilizing
added facade articulation and detail variation.
C. Materials.
The use of quality materials and detailing on highly visible surfaces will
add elegance and maximize the statement of the style of the development.
The City Place development will embrace innovative uses of
contemporary architectural materials.
Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone,
and colored wood or high quality metallic trims are acceptable
finish materials.
2. Textured and smooth concrete, decorative or textured concrete
blocks, or steel and high quality metallic panels are appropriate
building materials.
3. Non-reflective glass shall be used at pedestrian level for viewing
and window shopping purposes. Reflective glass at upper levels is
acceptable, but shall be compatible with the design style of the rest
of the City Place project.
4. The use of cloth awnings, fixed canopies, metal hand rails and
other elements which cover and protect windows and pedestrian
areas are encouraged. Signage on such elements must be
consistent with the sign requirements contained in this Plan.
752 61
Monolithic glass surfaces maybe used with other accent materials
in a visually harmonious manner in special applications as accent
but should not be used as the dominant architectural theme.
Structures utilizing glass curtain walls as the predominant design
element are not permitted.
6. Glass storefronts shall be provided facing all streets, City Placc
Drive, and the pedestrian oriented public plazas.
7. All building and site finish materials, colors and designs shall be
reviewed and approved by the Planning Division prior to submittal
to Building Division Plan Check.
8. Security gates for storefronts, if provided, shall be designed inside
of the buildings.
D. Color.
Choices of color should promote a lively, festive and warm
atmosphere. Dull colors should be avoided or used in limited
amounts. In general warm contrasting colors should prevail with
bright colors and pastels used for accent and detailing. A sense of
pageantry shall be promoted through the use of color on signs,
lighting, flags and banners and other devices.
E. Public Art.
Various forms of public art maybe integrated into public spaces (not
including public right-of--way) throughout the project.
F. Detail.
Reveals, recesses and other architecturally sculptural elements
shall be used to accent key features of the architectural design.
2. Upgraded light fixtures, door and window details and other feature
items are encouraged.
3. Banners, flags and other colorful devices maybe used to
accentuate linear relationship at outdoor areas but only when
approved in conjunction with the signage program as set forth
herein.
75362
4. All buildings shall incorporate architectural detail, multiple
materials, generous landscaping, lighting effects and strong
architectural design themes to soften building mass.
5. All architectural elements including building components shall be
part of an integrated design. The entire project shall have a
cohesive statement of theme and style.
75463
PART V. LANDSCAPE MATERIALS AND DESIGN
The design guidelines outlined here will assist in achieving a distinctive
development character for the project while ensuring compatibility between
commercial and adjacent residential land uses. These plants are recommended,
however, actual plant choices maybe substituted depending on experience and
actual soil conditions.
The high quality of the development is reinforced through the coordinated design
and selection of landscape and paving materials, and emphasis on unique
landscape features.
As phases are implemented, landscape plans (including landscape plans for any
temporary parking areas) shall be approved which are consistent with implement
these concepts of Exhibit A and B. Detailed landscaping plans prepared by a
landscape architect, shall be submitted to and approved by the City of Santa Ana
Planning Department and Public Works Agency (for public right-of--way areas)
prior to issuance of a building permit and installed prior to issuance of a
certificate of Use and Occupancy for the phase in question. Off-site landscaping
shall be approved by the Department of Public Works as part of any street
improvement plans.
- Schinus terebinthifolius, Brazillian Pepper, size:
24"-60" box, 15'-0" to 35'-0", informal spacing.
A. Temporary Landscape Adjacent To Undeveloped Parcels.
Areas of the site not developed in the initial phase may be developed as
surface parking and if so developed shall comply with the following
standards. A temporary landscape will be installed in all undeveloped
areas.
1. Setback Areas -Will be fully planted with turf, trees and
ornamental groundcover.
2. Parking Areas -Trees equal in number to one (1) per each ten (10)
parking stalls, size: minimum 15 gallon. (These trees shall be
arranged in eight and one-half (8-1/2) feet by eighteen (18) feet
minimum planting bays surrounded by 6" high curb).
3. Berm -Architectural berm of sufficient height (but no greater than
3 feet) to screen surface parking lots shall be installed along Main
Street and Owens Drive. Berm will be fully landscaped, and the
size, number and type of planting shall be in accordance with the
City's commercial development standards. Turf areas shall not
exceed four to one slope.
25
75A-64
4. Canopy Trees -Planted informally will supplement streetscape
plantings. Size: minimum 24" box. Species to be determined.
The size, number and spacing shall be in accordance with the
City's commercial development standards.
5. Turf Types - Shall be consistent throughout project (Marathon II)
6. Shrubs -Shall be used for screening of parking areas and for
special effects at building entries.
7. Special Sculptural Features -Will accent undeveloped parcels,
prior to project buildout.
B. General Notes.
1. All landscaping shall be maintained in a healthy and attractive
condition. Maintenance should be carried out in accordance with
established horticulture practices. Irrigation problems must be
resolved promptly to assure plant survival. Prior to planting soil
must be property prepared to assure plant survival.
3. No use of Queen Palms for the project interior areas.
4. No electrical, mechanical or plumbing apparatus shall be located in
required setback areas.
5. All landscaped areas shall be irrigated using an automatic
irrigation system. A schematic irrigation system employing pop-
up type sprinkler heads, backflow preventer, automatic time clock,
and where applicable, a quick coupler adjacent to all trash
enclosures shall be provided.
6. On site trees will be spaced in coordination with required existing
parkway trees.
7. The development will provide double-staking for all newly planted
trees (on and off site).
8. Only low shrubs and/or ground cover shall be planted in landscape
areas used for parking overhang.
9. Planting and landscape walls shall be used to screen all
appurtenances, such as transformers, meters, trash enclosures, air
conditioning units, etc.
756 65
10. Phasing of landscape implementation shall be compatible with the
construction schedule for the entire project, as per the approved
site plan.
11. All fountains and water features throughout the project shall be
plumbed for non-potable "gray water" for conversion when such
water is available.
12. A xeriphytic landscaping materials and irrigation design shall be
used for this project. In addition, the plant palette along the
southerly edge of the project shall be compatible with that of
Santiago Park, where the park is adjacent to the project.
75~~ 66
PART VI. SIGNAGE
A. Intent.
Every sign in the City Place project will be part of a planned sign program
which will be submitted for Planning Division review and approval in
accordance with the criteria set forth in this Plan and SAMC. The purpose
of this section is to set forth permitted sign types and provide minimum
standards for signs within the City Place Specific Development Plan.
Consequently, this document identifies and specifies those design criteria
for the planned sign program which are different than those set forth in the
Code. In considering the planned sign program, the provisions of the Plan
shall control.
The City Place project is envisioned as a superior quality urban-style
mixed-use complex, and architecturally spectacular. Environmental
graphic design will be innovative and attractive but never excessive.
Tenant identification on the perimeter of the project (i.e. external signage)
will be held to a practical minimum. However, it is critical that the
internal signage, particularly the signage along the City Place Ewe-ease,
be compatible with the kind of exciting dynamic environment which is
intended to be created.
B. Sign Message Categories.
The project sign program shall address the following categories of
information:
• Project and major facilities identification at site entries
• Tenant identification signage
• Regulatory vehicular signage
• Directional vehicular signage
• Street identification
• Informational pedestrian signage
• Directional pedestrian signage
• Building identification signage
• Site directories and orientation maps
• Service signage
• Parking level and area identification signage
• Visitor directional and informational signage
• Building address signage
• Building/site directories
• Typical door identification signage
• Restroom and telephone identification signage
• Operation information signage
75~g 67
Loading dock information
Loading dock numbers
Construction bamcade
C. Physical Sign Types.
Physical classification of project signage will be by the following
categories:
1. Freestanding signs.
2. WalUcanopy signs.
3. Projecting signs.
4. Marquee signs (Theater Only).
5. Under canopy/window/hanging signs.
D. General Criteria.
The following design guidelines generally address the design criteria for
the sign program.
Color and typography of signs will be evaluated on the basis of
aesthetics and legibility rather than conformance to strict criteria.
2. Intermittent lights, bare bulbs, neon, illusions of motion, or other
mechanical movement are acceptable only within the interior of
the project. Such signage could be used with respect to the theatre,
or restaurants. Such signs shall not be visible from the perimeter
public right-of--way or the residential development in the project.
3. Well designed pageantry systems consisting of flags and banners,
festoons, flag canopies and related displays will be permitted on
the interior of the City Place project, provided they are consistent
with the overall design of the signage plan, and do not create a
safety hazard and do not adversely affect adjacent land uses.
4. The sign program shall acknowledge approval of carefully worded
on-site circulation directional signage.
E. Criteria For Individual Sign Types will be determined by the approved
sign program. Shall conform to size limitations as outlined in SAMC.
1. Freestanding Signs
Freestanding signs shall conform to SAMC requirements.
29
75A-68
2. Wall/Canopy Signs.
a. All signs need not replicate a specified shape, design or
materials. Diversity will be allowed, provided that the
signs relate to each other well even though they are
configured differently.
3. Projecting Signs.
a. Within the interior portions of the project, such as along the
Cif lace ~'~ee, one projecting sign per pedestrian
level tenant may be provided.
b. The project may provide any number of such signs with
mixed types so long as the style of the signs area
aesthetically compatible. Projecting signs shall be located
no closer than 15 feet from one another.
The sign face of each projecting sign shall be compatible
with the scale of the space being identified.
4. Marquee Signs.
The theater may have a major marquee sign at the theater entrance.
The marquee sign maybe large enough to accommodate the
informational requirements of the uses being identified, may
employ changeable copy and appropriately sized based on unit and
frontage.
Signs Under Canopies And Marquees.
The area of any sign under a canopy or marquee shall not exceed
Santa Ana Municipal Code. Such signs shall meet all minimum
Building Code height clearances.
6. Temporary Identification Signs.
a. Per Santa Ana Municipal Code
b. Per Santa Ana Municipal Code
Per Santa Ana Municipal Code
7. Submission of City Place Plan Signing Design Program.
30
75A-69
Project applicant shall submit a planned project sign program for
review by the Planning Division in accordance with the standard
Planning Division procedures and this Plan.
31
75A-70
PART VII. LIGHTING
Street lighting can be used to help unify the City Place_and add to the "festive"
atmosphere being sought. On-site parking lot and building light fixtures may vary
from one sub-area to the next but illumination levels shall remain consistent and
not compete with street lighting and signage. Appropriate special lighting effects
that will be compatible with the overall design concept are encouraged.
Street lighting and parking lot parking contribute to the safety and security of the
project. Unique lighting fixtures may provide easy identification of the project
for motorists. Lighting potentially visible from adjacent property shall be
subdued and incorporate cut-off shields or be oriented to the interior of the
project. Lighting shall not interfere with vehicular traffic.
A. Street Lighting/Exterior To The Project. (Public Right-of--Way)
1. All street lighting along Main Street, Memory Lanel ~ Lawson
Way and Jeanette Lane shall be of singular design placed at regular
intervals, mounted atop concrete or metal standard and installed
per City specifications as required.
2. Light standards, poles, and bollards shall be of common design
with durable finishes and materials to create unity along the project
perimeter, in accordance with the City's commercial development
standards.
B. On-Site Parking Lot, Pedestrian Lighting, City Place Drive.
1. Pedestrian scale lighting should illuminate entry ways, courtyards,
parking lots and other such areas.
2. Lighting should be used to enhance landscaping and reinforced
architecture, with dramatic uplighting or wall shadow effects with
plant materials encouraged.
3. Parking lot light fixtures and bollards shall be consistent in styling
with the design theme proposed for that sub-area of the project.
4. The use of neon and other specialized lighting effects that would
reinforce the attractiveness of the project to pedestrian traffic and
incorporate the design theme of the project maybe used.
5. The use of white or clear string lighting in trees around outdoor
pedestrian areas may be used.
6. Washing large wall areas with light to create shadows from
landscape materials maybe used.
32
75A-71
7. Lighting along the Cit. Py lace C-en~~se Drive shall be carried out
as part of the unified scheme to help create festive recreational
atmosphere.
C. On-Site Building Lighting.
Service area lighting for large uses shall be contained within
service yard boundaries with light sources concealed.
2. Building illumination and architectural lighting will be creative
and reinforce the design theme. Indirect wall lighting or "raw wall
washing" overhead downlighting, will be utilized throughout the
commercial development.
3. In residential areas, warm simple lighting will be employed. These
components could include uplighting of building entrances and
courtyard trees, subtle soft lighting effects, washing of walls with
light from concealed ground sources.
4. In residential areas the use of specialized lighting effects such as
neon and internally illuminated signs shall be avoided as shall any
blinding, bright or flashy effects.
Lighting shall not cast any glare onto adjacent lots and streets
outside the perimeters of the City Place project in such a manner as
to decrease the safety of pedestrian and vehicular movement.
6. Architectural lighting should be used to articulate the particular
building design.
D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana
Municipal Code and approved by the Police Department.
33
75A-72
PART VIII. OPERATIONAL STANDARDS
1. Unless herein permitted to the contrary, all commercial activity shall be
conducted within a building.
2. All activity on the site shall be designed, built, operated, and verified in
compliance with the mitigation monitoring program of the certified final
Environmental Impact Report for this project.
3. Should special assessment, Mello Roos, or other financing be utilized,
written disclosure of such financing shall be disclosed in writing to all
purchasers and lessees within the project.
4. The following study shall be reviewed, approved and from time to time
modified and approved by the City shall be implemented and maintained
throughout the project:
Trash operations plan
5. All residential units within the project shall be built, subdivided and sold
for individual ownership.
6. All trash consolidation areas within the project including residential shall
be maintained and operated for the recycling of solid waste materials to
the satisfaction of the Public Works Agency.
7. The trash pick-up operational plan (letter agreement with the City) shall be
incorporated into the CC&R's of the project.
8. All circulation and parking operational procedures for the entire project
including but not limited to the bollards, loading zones, parking
management, and trash pick-up shall be maintained by the project
management and included by reference in the CC&R's.
9. The CC&R's shall include provisions to prohibit the construction of walls
in the townhouse two car garage that will disrupt the ability to park
resident vehicles in both spaces.
10. The CC&R's shall prohibit recreational vehicle parking or storage on-site.
11. The CC&R's shall contain provisions to preclude exposed television, ham
radio, dish, or other antenna and mechanical equipment.
75473
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE § 6103
FIRST AMENDMENT TO THE
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
MAIN STREET CONCOURSE, LLC
Dated: , 200
EIFt 07-2/ZOA 08-4/
DA 04-4/CUP 08-34/
VTTM 08-4/SPF2 08-5
7 5~i"-'~~s
DRAFT
FIRST AMENDMENT TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
MAIN STREET CONCOURSE, LLC
This FIRST AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT ("First Amendment") 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 MAIN STREET CONCOURSE, LLC, a
California limited liability company ("Owner" or "Property Owner").
1. RECITALS. This First Amendment is entered into with reference to the
following facts:
1.1 Original Agreement. The City and Owner's predecessor in interest,
Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that
certain Development Agreement entered into on or about May 3, 1993 and recorded as
Document Number 93-0385606 with the Recorder's Office of the County of Orange (the
"Original Agreement").
(1) The purpose of the Original Agreement was to facilitate the
development of the mixed-use project contemplated by the City's Specific Design Zoning
Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93-
1.2 Amended And Restated Agreement. Orient's interest was subsequently
acquired by Owner, who thereafter with the City entered into that certain Amended and Restated
Development Agreement on or about February 14, 2005, and recorded as Document Number
2005-000258102 with the Recorder's Office of the County of Orange (the "Amended
Agreement").
(1) Owner at that same time obtained approvals for a modified project,
including an amendment to SD-59, together with a new Vesting Tentative Map No. 14408 and
EIR No. 2004-01.
(2) Section 5.4 of the Amended Agreement provides that Owner shall
consider the design and application for an additional residential, for-sale, high rise tower on its 18
acre property in the general location as specified in Exhibit F to the Amended Agreement.
(3) The Owner has now proposed construction of a 31 story, 353
residential unit for-sale (i.e., condominium) project in the general location specified in Exhibit F to
the Amended Agreement. This project would require amendment to SD-59 and other
discretionary approvals by the City, including a new tentative tract map and Environmental
Impact Report.
75A-75
DRAFT
(4) In light of the Owner proposal to construct the 31-story, 353
residential units, for-sale (i. e., condominium) project, the Owner and City have agreed that it is
appropriate to adopt this amendment to the Amended Agreement.
1.3 Code Authorization. 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 the City and Owner in the development process. The City enters into the First Amendment
pursuant to the provisions of the Government Code and applicable City policies. The parties
acknowledge:
(1) This First Amendment is intended to assure adequate public
facilities at the time of development.
(2) This First Amendment is intended to assure development in
accordance with the City's General Plan, applicable Specific Plans and Specific Development
District No. 59, as modified concurrently herewith by Ordinance No. NS-
(3) This First Amendment will permit achievement of goals and
objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific
Development District No. 59.
(4) Owner is required by existing City regulations to provide mitigation
for certain impacts and pay certain regulatory fees as conditions of approvals through the
regulatory process, as further provided in this First Amendment.
(5) This First Amendment will allow the 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 the City for entering into this First Amendment 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.
1.4 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in the 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 (hereinafter the "Sky Lofts Property"). The Sky Lofts
Property is approximately 2.01 acres in size and is currently vacant.
75A-76
DRAFT
1.5 Approval of Owner. Owner further hereby represents that it has
approved this First Amendment and is authorized to enter into this First Amendment.
1.6 Planning Commission -Council Hearings. On November 10, 2008, 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 First Amendment. This public hearing was duly held, all public testimony was
attended to, and the Planning Commission recommended to the City Council of the City that it
execute this First Amendment. On December 1, 2008, 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 First Amendment.
1.7 Council Findings. The Council finds that this First Amendment is
consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable
ordinances, plans, policies and regulations of the City.
1.6 City Ordinance. On .200_, the Council adopted Ordinance
No. NS- approving this First Amendment. The ordinance becomes effective thirty (30) days
thereafter.
2. DEFINITIONS. In the First Amendment, initially capitalized terms used but not
defined shall have the following meanings unless the context otherwise requires:
2.0.5 "Executive Director" means the Executive Director of the City's Planning
and Building Agency or designee.
2.1 "Final Design" means the final design documents for a work of public art,
which is set forth in greater detail in Section 5.2 et seq. of this First Amendment.
2.2 "Map" means Tentative Tract Map No. 17242, approved concurrently
with this First Amendment.
2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC,
being the person, persons, or entity having a legal or equitable interest in the Sky Lofts Property,
and includes Main Street Concourse LLC's successors in interest.
2.3 "Sky Lofts Property" is the real property described in Exhibit A and
referred to in Exhibit B.
2.4 "Sky Lofts Project" is the development of the Sky Lofts Property as
generally set forth in SD-59, Tentative Tract Map No. 17242, Conditional Use Permit No.
2008-34, Environmental Impact Report No. 2007-02, and Site Plan Review No. 2008-05. The
Sky Lofts Project does not include the development of any property within SD-59, other than the
Sky Lofts Property. The Sky Lofts Project generally is described as follows:
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(1) a residential multi-family condominium tower including 27 levels of
residential condominiums above four (4) levels of above grade parking and two (2) levels of
below grade parking. Within the tower a total of 333 residential condominium units will be
provided and an additional twenty (20) stacked townhomes will line the south side of the parking
structure.
(2) The residential condominium units shall range in size from 804 to 2,000
square feet and provide nine (9) feet from floor to finished ceiling for the townhomes and podium
level thru level twenty-five (25) and twelve (12) feet from floor to finished ceiling on levels
twenty-six (26) and twenty-seven (27).
(3) At the grade level, an approximately 2,900 square foot lobby shall be
provided. Immediately outside of the lobby shall be two (2) water features announcing the
pedestrian arrival point.
(4) A 33,690 square foot common space amenity deck shall be installed above
the parking structure and include a pool, spa, cabana/lounge, outdoor fireplace, tables and
outdoor barbeque.
(5) The Podium level shall consist of 4,590 square feet of enclosed common
space including a gymnasium, dining and kitchen area, and media room.
(6) The height of the tower will be approximately 366 feet including the
mechanical equipment penthouse. The parking garage will contain 729 parking spaces.
(7) All residential units in the Sky Lofts Project shall be condominiums, i. e.,
not residential units rented by the Owner. To be considered to be condominiums, the Owner shall
obtain all necessary approvals for sales of individual residential units, including but not limited to,
(a) a recorded, final subdivision map, (b) recorded Declaration of Covenants, Conditions and
Restrictions (CC&Rs), (c) a final, unconditional "public report" issued by the California
Department of Real Estate pursuant to the Subdivided Lands Act.
2.5 Public Art Locational Plan means the conceptual Plan attached hereto as
Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the
location of the Public Art required under certain circumstances by this First Amendment, and is
subject to refinement at the time of installation, by agreement of the Owner and the Executive
Director.
3. EXHIBITS. The following documents referred to in the First Amendment are
attached to this First Amendment and are identified as follows:
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Exhibit Referred to
Desi ng a~ Description in Section
A Sky Lofts Property Legal Description 1.4
B Sky Lofts Property Graphical Description (Site Plan) 1.4
C Public Art Locational Plan
2.5
D Remaining Offsite Mitigation Measures 5.3
4. GENERAL PROVISIONS.
4.1 Amendment and Restatement. This First Amendment amends, restates
and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates to
the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full force
and effect.
4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until
released pursuant to the provisions of Section 8.6 below, no property shall be released from this
First Amendment until Owner has fully performed its obligations arising out of the First
Amendment.
4.3 Effective Date; Duration of First Amendment.
(1) The "Effective Date" of this First Amendment shall be the date that
the City Council ordinance adopting this First Amendment becomes effective, which date is thirty
(30) days after the City Council meeting at which such ordinance is adopted, unless it or
Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has
received a prima facie sufficient number of signatures, or unless its effective date is stayed by
order of a court of competent jurisdiction.
(2) The term of this First Amendment shall for seven (7) years from the
Effective Date ("Initial Term"); provided, however that the Owner may request a single three-year
extension ("Extended Term") from the Executive Director of the Planning and Building Agency,
which request shall not be unreasonably denied. Nothing herein is intended nor shall it be
interpreted to extend the period of validity of any approval issued in conjunction with the City's
Development Project Plan process or building permit, beyond local requirement.
(3) Pursuant to Section 66452.6(a) of the California Subdivision Map
Act, the term of Tentative Tract Map No. 14230, including any lot line adjustment or merger of
lots (or any other tentative map approved by the City relating to the Sky Lofts Property
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subsequent to the Effective Date of this First Amendment), shall not expire during the term of this
Development Agreement remains in effect.
(4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the
original or any modified term, the Sky Lofts Property is in the process of being developed, the
term of this First Amendment shall be further extended until such construction in process is
completed, not to exceed an additional three years after expiration of the original or modified
term.
(5) The expiration of this First Amendment shall not terminate any land
use approvals approved concurrently with or subsequent to the approval of this First Amendment,
but shall merely end the period as to which such approvals are vested against subsequent changes
in applicable law pursuant to Section 5 of this First Amendment.
(6) Upon the expiration or termination of this First Amendment for any
reason, the City and Owner and its successors and assigns agree to cooperate and execute any
document reasonably requested by the other party to remove this First Amendment from the
public records as to the property or any applicable portion thereof.
DEVELOPMENT OF THE PROPERTY.
5.1 Existing Rules, Regulations and Policies. The rules, regulations and
official policies governing the permitted use(s) of the Sky Lofts Property, with respect to and only
with respect to the permitted use(s), density, height, size of structures and intensity of use of the
Sky Lofts Property, and provisions for reservation or dedication of land for public purposes and
any other exactions or mitigation measures applicable to the Sky Lofts Project shall be those
rules, regulations, and policies applicable to the Sky Lofts Property as of the Effective Date,
including those set forth in SD-59, as amended concurrently herewith.
5.1.1 Exclusion from Existing Rules, Regulations and Policies.
Pursuant to Government Code Section 65866, and Pardee Construction Co. v.
City of Camarillo (1984) 37 Cal.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, the City retains the
right to enact police power regulations on matters not covered by this First Amendment
("Reserved Powers"), including without limitation:
(1) Municipal laws and regulations which do not interfere with Owner's vested
rights to develop and use the Sky Lofts Property in accordance with this First Amendment.
Owner and its successors and assigns and all persons and entities in occupation of any portion of
the Sky Lofts 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:
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(a) Existing taxes, assessments, fees and charges, except as otherwise
specifically provided in this First Amendment;
(b) Building, electrical, mechanical, fire and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
(c) 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
(d) Procedural rules of general City-wide application.
(2) No vested rights as to any requirements in this Section 5.1.1 either as to
existing or future regulations, ordinances, policies, and plans are hereby conferred.
5.1.2 Design and Construction Standards and Specifications. The design
and construction standards and specifications for all Sky Loft Project construction, shall be
subject to applicable design standards and guidelines, including without limitation SD-59 and
Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval
shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft
Project.
5.1.3 Minor Changes. Upon application of Owner, the Executive Director may
approve minor modifications to the discretionary approvals vested pursuant to this First
Amendment, provided that such changes are consistent in scope and intention with such
approvals. The Executive Director has the sole and absolute discretion to determine what
constitutes a "minor modification."
5.1.4 Processing Fees. All fees and charges intended to cover the City's costs
associated with processing development of the Sky Lofts 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
First Amendment, shall apply to the development of the Sky Lofts Property.
5.1.5 Amendments or Additions to Citywide Fee Programs. This First
Amendment 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 First Amendment, which shall be applicable to the Sky Lofts Project
or the Sky Lofts 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 the Sky Lofts Project, or (3) are
not imposed to either (a) mitigate, offset or compensate for Sky Lofts Sky Lofts Project impacts
which were analyzed in the Environmental Impact Report prepared for the Sky Lofts Project, or
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(b) duplicate any exactions, project design features, conditions of approval, agreements, or
mitigation measures contained in the Development Plan for this First Amendment.
5.2 Development, Construction and Completion of Work of Public Art
and Other Consideration. In consideration for the extraordinary and significant benefits to the
City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard
to the permitted uses of land, density, and intensity of use, Owner shall comply with the
provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project.
5.2.1. Schedule For Work of Public Art.
Owner shall design, construct and maintain a work of public art only if it does not
Commence Construction of the Sky Lofts Project during the Initial term and instead requests and
is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of
this Section 5, "Commence Construction" means those actions (i. e., valid building permit issued
by City and substantial, hard construction costs expended in good faith reliance thereon) that
would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South
Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny.
Facilities to Be Constructed Triggering
1. Submit Final Design of Public Art. One year from the commencement of the Extended
Final design must conform to Public Art Term, if applicable.
Locational Plan.
2. Install Public Art. Prior to the City's issuance of Certificate of Use
and Occupancy for any portion of the Sky Lofts
Project, or two and one-half (2 1/2) years from the
commencement of the Extended Term, whichever
comes first.
With respect to the Final Design, Owner shall complete all construction and development, shall
submit all plans, drawings, and other documents, and perform all of its obligations under this First
Amendment within the times specified above. During periods of construction of the work of
public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written
report of the progress of the construction when and as reasonably requested by the City. The
report shall be in such form and detail as may be reasonably required by the City, and shall include
a reasonable number of construction photographs (if requested) taken from the last report by
Owner. Development scheduling or date or times of performance may be subject to revision from
time to time if first mutually agreed to in writing. Such revisions do not constitute amendments
requiring further notice and public hearing.
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5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner
agree that Owner shall be responsible for all costs associated with the design, construction,
maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
5.3 Remaining Offsite Mitigation Measures. The parties acknowledge and
agree that the sole remaining offsite mitigation measures which must be funded or constructed by
Owner are as set forth in Exhibit D to this First Amendment.
5.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of
$3,000.00 per residential unit as a condition of issuance of each building permit which includes
one or more residential units, or $1,059,000.00 for all residential units upon the issuance of the
initial building permit, whichever is greater. This fee shall be used by the City to build new or
substantially rehabilitate existing affordable housing in the City.
5.5 In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu
of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code; provided,
however that the fee may be increased to $10,568.00 per unit if the Owner does not Commence
Construction (as that term is defined in Section 5.2.1) during the Initial Term. This in-lieu park
fee shall be paid at the same time as those fees the payment of which is currently deferred by the
City pursuant to City Ordinance No. NS-2775, or any extension thereto.
5.6 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Sky Lofts 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 Sky Loft Property is located, and of any other political subdivision, agency, or
instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts 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 Sky Lofts Property and the Sky
Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the
Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped access
requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §
12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51
et seq. (collectively "Governmental Requirements").
5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
Restrictions (CC&R's) must be provided and approved by the 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) Repair of perimeter walls will be specified in the CC&R's in the
event of damage.
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(2) The 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.., Main Place Regional Shopping Mall, and surrounding
property within SD-59 zoned and/or devoted to commercial use), and the
regional and local street grid adjacent to the Sky Lofts Project (e.g., SR-
22, I-5, SR-57, Main Street, Town & Country Drive), and shall provide a
release of all claims against the City which may arise from or relate to the
disclosed matters.
(3) The CC&R's shall reflect that balconies may not be used for
storage.
(4) Terms and Content:
CC&R's are to be in effect for at least 66 years.
ii. Any proposed modifications to the foregoing provisions of the
CC&R's will require approval by the Executive Director.
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. The City shall, at least every twelve
(12) months during the term of this First Amendment, review the extent of good faith substantial
compliance by Owner with the terms of this First Amendment. 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 First Amendment at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the First
Amendment after the annual review set forth in Section 6.1 above, the 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
Executive Director, the First Amendment 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 First Amendment shall not constitute or
be asserted by any party as a breach of the First Amendment by Owner or City.
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7. DEFAULT.
7.1 Owner Events of Default. Property Owner is in default under this First
Amendment upon the happening of one or more of the following events or conditions (each, an
"Owner Event of Default"):
(1) If a material 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; or
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 and Section 6.1 of
this First Amendment that upon the basis of substantial evidence the Property Owner has not
complied in good faith with one or more of the material terms or conditions of this First
Amendment;
(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 First Amendment.
7.2 Procedure upon Default.
(1) Upon an Owner Event of Default, the City through the Executive Director
shall submit to Owner, ~ written notice of default, in the manner provided in Section 4.10 of the
Amended Agreement, identifying with specificity the nature of the alleged default and, when
appropriate, the manner in which said default may be satisfactorily cured. Upon receipt of the
notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time after
receipt of the notice of default and shall complete the cure in any event not later than one hundred
and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably
necessary to remedy such default(s), provided that the Owner shall continuously and diligently
pursue such remedy at all times until such default(s) is cured. If Owner has failed to remedy or
diligently proceed to remedy such default(s) after proper notice and expiration of said one
hundred and twenty (120) day cure period or such extended period as provided herein, the City
may terminate or amend this First Amendment in accordance with the procedure adopted by the
City. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor
shall it change the time of default.
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(2) If after the cure period has elapsed, the Executive Director finds
and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be
entitled to appeal that finding and determination to the City Council by filing an appeal with the
City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination
to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council
shall act upon the finding and determination of the Executive Director within ninety (90) days
after the filing of such appeal. In the event of a finding and determination that all defaults are
cured, there shall be no appeal by any person or entity.
(3) The 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 First
Amendment.
third person.
(4) Non-performance shall not be excused because of a failure of a
(5) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Owner, shall be sufficient to terminate this First
Amendment and a hearing on the matter shall not be required.
(6) 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.
(7) All other remedies at law or in equity which are not inconsistent
with the provisions of this First Amendment 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 the City upon termination of this First Amendment for an Owner
Event of Default.
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 First Amendments set forth in the First Amendment, or to
enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies
consistent with the purpose of the First Amendment. 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.
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ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This First Amendment shall not prevent or limit
Owner, in any manner, at Owner's sole discretion, from encumbering the Sky Lofts Property or
any portion of the Sky Lofts Property or any improvement on the Sky Lofts Property by any
mortgage, deed of trust, or other security device (or any number of them) securing financing with
respect to the Sky Lofts Property or its improvement (any such encumbrance, a "Mortgage").
8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage
or beneficiary of a deed of trust encumbering the Sky Lofts Property or any part thereof and their
successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to
receive from the City written notification of any Owner Event of Default.
8.3 Performance of Covenants. The Mortgagee shall have the right, but no
obligation, to perform any term, covenant or condition and to remedy any Owner Event of
Default hereunder within the time periods specified herein, and the City shall accept such
performance with the same force and effect as if furnished by the Owner; provided, however, that
said Mortgagee shall not thereby or hereby be subrogated to the rights of the City.
8.4 Default by the Owner. In the event of an Owner Event of Default that
has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees
not to terminate this First Amendment (1) unless and until the City provides written notice of such
default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of
Default within ninety business days after the later of delivery of such notice or expiration of any
applicable Owner cure period, and (2) as long as:
(a) In the case of an Owner Event of Default that cannot practicably be
cured by the Mortgagee without taking possession of the Sky Lofts Property (which defaults shall
not include defaults "not susceptible of being cured" as defined below), (i) the Mortgagee has
delivered to the City, prior to the date on which the City shall be entitled to give notice of
termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to
such delays as may be incident to obtaining a relief from stay in the case of a
bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event of
Default promptly following its obtaining possession and; (ii) said Mortgagee shall proceed
diligently to obtain possession of the Sky Lofts Property (including possession by receiver)
(subject to such delays as may be incident to obtaining a relief from stay in the case of a
bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to
cure such Owner Event of Default; and
(b) In the case of an Owner Event of Default that is not susceptible to
being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and
diligently prosecute the same to completion (subject to such delays as may be incident to
obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime
it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a
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nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or
foreclosure such Owner Event of Default shall be deemed to have been cured.
The Mortgagee shall not be required to obtain possession or to continue in
possession as Mortgagee of the Sky Lofts Property pursuant to Subsection 8.4(a) above, or to
continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when
such Owner Event of Default shall be cured. Nothing herein shall preclude the City from
exercising any of its rights or remedies with respect to any other Owner Event of Default during
any period of such forbearance, but in such event the Mortgagee shall have all of its rights
provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall
acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of
Defaults that are susceptible of being cured by the Mortgagee or by said purchaser, as the case
may be, then prior Owner Events of Default that are not susceptible to being cured by the
Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder.
Except as set forth herein, nothing contained herein shall require any Mortgagee to
cure any Owner Event of Default.
8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder,
whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any
conveyance of the Sky Lofts Property from the Owner to a Mortgagee or its designee through, or
in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the
consent of the City or constitute a breach of any provision of or a default under this First
Amendment; and upon such foreclosure, sale or conveyance the City shall recognize the purchaser
or other transferee in connection therewith as the Owner hereunder provided that such purchaser
or transferee assumes, subject to the terms of Section 8.4 above, each and all of the obligations of
the Owner hereunder pursuant to an assumption First Amendment satisfactory to the City. If any
Mortgagee or its nominee or assignee shall acquire the Owner's right, title and interest hereunder
as a result of a judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a
deed in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated
foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the
Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with
respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such
acquisition of the Owner's right, title and interest hereunder as described in the preceding
sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from
Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new First
Amendment or amend this First Amendment with such party, upon the written request therefor by
such party given not later than one hundred twenty (120) days after such party's acquisition of the
Owner's right, title and interest hereunder. Subject to the terms of Section 8.4 above, such new
or amended agreement shall be substantially the same in form and content to the provisions of this
First Amendment, except with respect to the parties thereto, and the elimination of any
requirements which have been fulfilled by the Owner prior thereto, and said agreement shall have
priority equal to the priority of this First Amendment. Upon execution and delivery of such new
or amended agreement, the City shall cooperate with the new owner, at the sole expense of said
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new owner, in taking such action as may be necessary to cancel and discharge this First
Amendment and to remove Owner named herein from the Sky Lofts Property.
8.6 Releases. The City agrees that upon written request of Property Owner
and payment of all fees and performance of the requirements and conditions required of Owner by
this First Amendment with respect to the Sky Lofts Property, or any portion thereof, the City
shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this
First Amendment in form and substance acceptable to the Orange County Recorder or as may
otherwise be necessary to effect the release.
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 First Amendment, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This First Amendment
constitutes the entire understanding and agreement of the parties with respect to the matters set
forth in this First Amendment. This First Amendment supersedes all negotiation or previous
agreements between the parties respecting this First Amendment, including without limitation the
Original Agreement and/or the Amended Agreement. All waivers of the provision of this First
Amendment must be in writing and signed by the appropriate authorities of the City or of Owner.
All amendments to this First Amendment must be in writing signed by the appropriate authorities
of the City and Owner, in a form suitable for recording in the Official Records of Orange County,
California. Upon the completion of performance of this First Amendment or its revocation or
termination, an appropriate Certificate of Completion acknowledging such occurrence signed by
the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange
County, California.
9.3 Sky Lofts Project as a Private Undertaking. It is specifically understood
by the parties that: (a) the Sky Lofts Project is a private development for purposes of
Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or
duty to third parties concerning any improvements to the Sky Lofts Property or in connection
with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the
Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First
Amendment are part of this First Amendment.
9.5 Captions. The captions of this First Amendment 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 First Amendment.
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9.6 Consent. Where the consent or approval of a party is required in or
necessary under this First Amendment, 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 First
Amendment.
9.8 Time of Essence. Time is of the essence for each provision of this First
Amendment of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this First Amendment 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 First Amendment 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 First
Amendment. The parties shall, within thirty (30) days, meet and confer in good faith in a
reasonable attempt to modify this First Amendment to comply with such federal or state law or
regulation. Thereafter, regardless of whether the parties reach an First Amendment on the effect
of such federal or state law or regulation upon the First Amendment, 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.
9.10 No Reliance By One Party On The Other. Each party has received
independent legal advice from its attorneys with respect to the advisability of executing this First
Amendment and the meaning of the provisions hereof. In addition, the provisions of this First
Amendment shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
9.11 Arms Length Transaction. Each party represents and warrants to the
other the following: it has carefully read this First Amendment, and in signing this First
Amendment it does so with full knowledge of any rights which it may otherwise have, and it has
freely signed this First Amendment without any reliance upon any agreement, promise, statement
or representation by or on behalf of the other party or its agents, employees, or attorneys, except
as specifically set forth in this First Amendment, and without duress or coercion, whether
economic or otherwise.
9.12 Recording. The City Clerk shall cause a copy of this First Amendment to
be recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this First Amendment.
16
75A-90
DRAFT
IN WITNESS WHEREOF, this First Amendment has been executed by the City of
Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS- ,
authorizing such execution, and by Property Owner.
Dated this day of , 200_
THE CITY OF SANTA ANA
By
DAVID N. REAM
City Manager
Approved as to Form:
By
JOSEPH W.FLETCHER
City Attorney
MAIN STREET CONCOURSE, LLC,
A California Limited Liability Company
By: EMG-MAIN STREET LLC, a California
limited liability company, Its Manager
By: BDC LLC, a California limited
liability company, Its Manager
By: Bisno Development
Company LLC, a California
limited liability company, Its Manger
By
Robert H. Bisno, Manager and
Chief Executive Officer
~~
75A-91
STATE OF CALIFORNIA
COUNTY OF
On
before me, , a
Notary Public, personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF
On before me, , a
Notary Public, personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
75A-92
EXHIBIT A
Sky Lofts Property Legal Description
To be inserted
75A-93
EXHIBIT B
Sky Lofts Property Site Plan
To be inserted
75A-94
EXHIBIT C
Public Art Locational Plan
Public art valued at one-half of one percent (0.5%) of the project building permit valuation is
required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed
to by the City's Planning Commission and Owner) to be placed along Lawson Way at or near
its intersection with Jeanette Lane, with the final location to be determined as specified in
Section 5.2 et seq. of this First Amendment. The public art should invite participation and
interaction, inspire, add local meaning, interpret the community by revealing its culture or
history, and/or capture or reinforce the unique character of the new place. A comprehensive
Public Art Plan indicating compliance with this requirement, and which proposes specific
pieces of art for specific locations or applications, shall be submitted to the Planning
Commission prior to the completion of the project's first phase. All public art approved by
the Planning Commission in the Public Art Plan shall be completely installed as provided in
Section 5.2.1 of this First Amendment. Review and approvals required by the Planning
Commission .pursuant to Section 5.2 et seq. or this Exhibit C may be .delegated to a committee
of same duly constituted pursuant to the Planning Commission's bylaws.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not limited
to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
ii. Architect and Landscape Architect fees.
iii. Landscaping around a sculpture that is not included as part of the artist's sculpture
furnishings, including, but not limited to, functional structures, prefabricated water or
electrical features not created by the artist, and ornamental enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the art piece.
75A-95
vi. Publicity, public relations, photographs, educational materials, business letterhead
or logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
8. To be eligible, the proposed work of public art shall not be:
i. amass produced object from a standard design;
ii. a reproduction, whether produced by mechanical or other means, of an original work
of art;
iii. elements of building, designed by the building's architect, as opposed to a public artist
commissioned for the express purpose of creating a unique work of public art; nor
iv. a water feature, in whole or in part.
75A-96
EXHIBIT D
Off-Site Mitigation Measures
Improvement Location
1. Landscape Median Main Street from City Place Drive to Town and
Country Drive
2. Street Reconstruction Lawson Way from Memory Lane to northern
property limit of Sky Lofts Property from curb
to curb
3. Slurry Seal Memory Lane from Main Street to Lawson
Way
75A-97
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~(Tj1111i08-~S~R 08-5
Conditional Use Permit No. 2008-34
January 12, 2009
Page 1 of 2
Findings of Fact
A. Will the proposed use provide a service or facility, which will
contribute to the general welfare of the neighborhood or community?
The proposed conditional use permit to allow the construction
of a residential high rise will add to the mixture of housing
opportunities available within the city. The proposed multi-
family residential use (City Place Sky Lofts) within the City
Place development will provide a service to the community by
providing for-sale, high-quality residential housing stock
that will enhance the property values of the surrounding
neighborhoods. Conditions of approval have been included to
ensure the quality and the attractiveness bf the overall
design which will contribute to the general well being of the
community.
B. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of the
persons residing or working in the vicinity?
The approval of the conditional use permit will not be
detrimental to persons residing or working in the area because
the use, as conditioned,. will not create negative or adverse
impacts. Environmental Impact Report 2007-02 has been prepared
for the proposed project, identifying potential impacts, over-
riding considerations and mitigation measures aimed at reducing
any environmental impact associated with this project. The
addition of persons within a two acre vacant portion of north
Main Street and the City Place development will assist in
promoting the economic viability and enhance the livability
for this area.
C. Will the proposed
stability or future
surrounding area?
use adversely affect the present economic
economic development of property in the
The residential tower is a suitable and appropriate use within
the mixed-use development and the District Center setting.
The addition of residential units should increase the
patronage to surrounding businesses, thereby enhancing the
viability of the businesses and assist in identifying City
Place as a viable mixed-use community.
EIR 07-2/ZOA 08-4/
DA 04-4/CUP 08-341
PR 08-5
X 8
Conditional Use Permit No. 2008-34
January 12, 2009
Page 2 of 2
D. Will the proposed use comply with the regulations and conditions
specified in the chapter of the Santa Ana Municipal Code for such
use?
As conditioned and the approval of Zoning Ordinance Amendment
No. 2008-04, the proposed project will be in compliance with
all applicable regulations and conditions imposed on high rise
residential units, pursuant to Chapter 41 of the Santa Ana
Municipal Code.
E. Will the proposed use affect the General Plan of the City?
The proposed project will not adversely affect the General
Plan. The residential high rise tower is consistent with the
General Plan Land Use Element designation of District Center
and the proposed amendments to Specific Development No. 59.
The proposal is supported by the Land Use Element Goal: 2.0, To
promote land uses which enhance the City's economic and fiscal
viability; and Goal 3.0, To promote a balance of land uses to
address basic community needs. Further, General Plan Land Use
Element Policy 1.3 supports high-density residential
development within the City's District Centers as a part of a
master-planned mixed-use development. Also, Policy 1.4
promotes the maintenance and fostering of a variety of
residential land uses in the city. Therefore, a residential
high rise within a mixed-use setting will assist to further the
goals of the District Center designation of the General Plan.
75A-100
JANUARY 12, 2009
PAGE 1 OF 2
Conditions for Approval
Conditional Use Permit No. 2008-34 is approved subject to compliance to
the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the California Building Standards Code, and all other applicable
regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in revocation of the conditional use
permit.
A. Planning Division
1. Comply with all conditions and requirements from the
Development Review Committee (DRC) for the development project
(DP 06-46) .
2. Any amendment to this conditional use permit must be submitted
to the Planning Division for review. At that time, staff will
determine if administrative relief is available or the
conditional use permit must be amended.
3. The buildings shall be of constructed with quality and durable
exterior materials as shown on the architectural plans,
material boards and material specifications submitted for this
project.
4. Prior to issuance of building permits, the interior building
amenities shall be submitted for review by the Planning
Division and shall be at the same or higher level of quality as
the Nexus residential tower (CUP 2005-10) and City Place live-
work lofts (CUP 2004-28) The amenity package submitted for
review shall include but not be limited to flooring, staircase
railings, doors and hardware, kitchen appliances and
cabinetry, dual bowl sinks and fixtures, the walls, tiled
shower enclosures and kitchen countertops of stone the or
stone slab, or their equivalent. At minimum they will include
EIR 07-2IZOA 08-4/
DA 04-41CUP 08-341
VT~-0 4~$p~0~-5
JANUARY 12, 2009
PAGE 2 OF 2
a product line for the appliances requiring the equivalent or
higher grade, all cabinets be of a stain grade, the use of
smooth wall and ceiling interior drywall finish and washers
and dryers in each residential unit.
5. Interior floor to finished ceiling heights will be a minimum
of nine feet on the podium level through level 25 and a
minimum of 12 feet on levels 26 and 27. For the stacked
townhomes, interior floor to finished ceiling heights shall be
a minimum of nine feet.
6. Covenants, Conditions, and Restrictions (CC&Rs) must be
approved by the Planning Manager prior to the issuance of any
building permit. Such CC&Rs must contain at a minimum, the
following:
a. Project maintenance.
b. Standards shall be established for the exterior maintenance
of each unit within the community.
c. Graffiti removal will be required within 48 hours.
d. Assignment of repair of perimeter walls will be specified in
the CC&Rs in the event of damage.
e. CC&Rs are to be in effect in perpetuity.
f. Any proposed modifications to the CC&Rs will require
approval by the City of Santa Ana.
g. The use of professional management to ensure a quality
operation and maintenance.
7. CC&Rs shall include residential occupancy standards similar to
Phase I of the City Place development (CUP04-28).
8. A tentative tract map shall be approved prior to the applicant
exercising the rights conferred by this conditional use
permit.
9. This conditional use permit shall be null and void and of no
force and effect unless and until the City Council, in the
exercise of its sole discretion, approves a tentative tract
map for this project.
10. Prior to issuance of building permits, the exterior building
amenities, materials and finishes shall be submitted for
review and approval by the Planning Division.
75A-102
Vesting Tentative Tract Map No. 2008-04
January 12, 2009
Page 1 of 2
Findings of Fact
A. The proposed project, as conditioned, and its design and improvements
are consistent with the District Center land use designation of the
General Plan and are otherwise consistent with all other elements of
the General Plan and any applicable specific plans.
Vesting Tentative Tract Map No. 2008-04 (County Map No. 17242)
is consistent with the land use designation and density
prescribed in the General Plan and will have no adverse affect
on the surrounding land uses in the area.
B. The proposed project, as conditioned, conforms to all applicable
requirements 'of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum condominium
requirements, as well as meets the letter and intent of the
State of California Subdivision Map Act provisions. Vesting
Tentative Tract Map No. 2008-04 is in keeping with the
provisions of the site plan review (Development Project No.
2006-46) and Chapters 34 and 41 of the Santa Ana Municipal Code,
all of which pertain to the subdivision of land and development
standards for the site. Further, the map will be consistent
with Zoning Ordinance Amendment No. 2008-04.
C. The project site is physically suitable for the type and density of
the proposed project.
The project site consists of approximately two acres of land
within Specific Development No. 59. The proposed subdivision
contains many street frontages, maintaining adequate frontage
for each parcel. Vesting Tract Map No. 17242 has been
determined to be capable of supporting the type and density of
the proposed project. There are no physical constraints on the
site to preclude development.
EIR 07-21ZOA 08-41
DA 04-41CUP 08-34I
~~~~'~$'S0~'3 8-5
Vesting Tentative Tract Map No. 2008-04
January 12, 2009
Page 2 of 2
D. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidable
injure fish or wildlife or their habitat.
There are no wetlands or unusual flora or fauna on or around the
project site. No development surrounding this site will be
substantially affected by this proposal. Environmental Impact
Report 2007-02 has been prepared for the proposed project,
identifying potential impacts, over-riding considerations and
mitigation measures aimed at reducing any environmental impact
associated with this project.
E. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed infill development within a mixed-use development
is for a residential high-rise tower and will be in compliance
with all regulations and conditions specified in the Santa Ana
Municipal Code and the Specific Development No. 59 development
standards in conjunction with the proposed conditions and
building requirements.
F. The design of improvements of the proposed project will not conflict
with easements necessary for. public access through or use of the
property within the proposed project.
There are no easements that would affect the use or development
of this site. Approval of Vesting Tentative Tract Map No. 2008-
04 (County Map No. 17242) will not create conflicts with the
easements necessary for public access through the property, as
no such easements currently exist. Public access will be
allowed to the site as this development, as an urban project
concept, encourages pedestrian and public activity.
75A-104
JANUARY 12, 2009
PAGE 1 OF 3
Conditions for Approval
Vesting Tentative Tract Map No. 2008-04 is approved subject to compliance
to the reasonable satisfaction of the Planning Manager, with all
applicable sections of the Santa Ana Municipal Code, the California
Administrative Code, the California Building Standards Code, and all other
applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this vesting tentative
tract map.
The applicant must remain in compliance with all conditions listed below
throughout the life of the veosning tee ult e inrarevocation a fu the ovestpng
with each and every conditi y
tentative tract map.
A. Planning Division
1. Comply with alw Commidtteen(DRC)ndforrtheldevelopmentr project
Development Revie
(DP 06-46) .
2. The Covenants, Conditions and Restrictions (CC&Rs) must be
approved by the Planning Manager prior to the issuance of any
building permit. Such CC&Rs must contain at a minimum, the
following:
a. Project Maintenance.
b. Standards shall be established for the exterior
maintenance of each unit within the community.
c. Graffiti removal will be required within 48 hours.
d. Assignment of repair of perimeter walls will be specified
in the CC&Rs in the event of damage.
e. CC&Rs are to be in effect in perpetuity.
f. Any proposed modifications to the CC&Rs will require
approval by the City of Santa Ana.
g. The use of professional management to ensure a quality
operation and maintenance.
3. A final map must be approved and recorded prior to issuance of
building permits.
EIR 07-21ZOA 08-41
DA 04-41CUP 08-341
~~N~~p~08-5 ,
JANUARY 12, 2009
PAGE 2 OF 3
4 , The f final map and al l impT o mu t the i qu accordancee withe the
installed by the subdivide
design standards and specifications of the Santa Ana Municipal
Code and the requirements of the State Subdivision Map Act.
5. Two copies of the recorded final map and Fire R Departure be
submitted each to the Planning Diviencn' within 10 days of
Building Division and Public Works Ag y
recordation.
6, Prior to issuance of building permits, the interior building
amenities shall be submitted for review by the Planning
Division and shall be at the same or higher level ofPgacellives
the Nexus residential tower (CUP 2005-10) acka Ce tsubmitted for
'The amenity p g
work lofts (CUP 2004-28).
review shall include but not be limited to floori 9 anceslrcand
doors and hardware, kitchen aPP
railings, the walls, tiled
cabinetry, dual bowl sinks and fixtures,
shower enclosures and kitchen countertops of stone the or
stone slab, or their equivaleancesArequiring theyequivalentuor
a product line for the appl rade, the use of
higher grade, all cabinets be of a stain g
smooth wall and ceiling interior drywall finish and washers
and dryers in each residential unit.
~. Provide for lighting and landscape main the nPlanning Division
plan and design will be reviewed by
during the lighting plan check phase.
g, Development, operational and maintenance standards shall be
established for the number, style and location of all outdoor
tables, chairs, lounges and
fireplace, seating, benches, roved
similar furniture. are subm tted into pl n check and app
when the landscapes
g. Common area amenities shall comply with the following:
a. Pursuant to the Plan (Exhibit 3), plazas, drive aisles,
pedestrian walkways and common area amenirior fto the
project, shall be completely installed p ro ect.
issuance of a certificate of occupancy for the p j
75A-106
JANUARY 12, 2009
PAGE 3 OF 3
rovided to establish pedestrian
10. Pedestrian walkways shall be pro ect site and to existing
connectivity throughout the p J
pedestrian connection points as shown on the Plan (Exhibit 3).
rovided along this pathway shall include
The amenities to be p landsca e lanters with
accent lighting, P P
decorative concrete,
vertical landscape as s vements must bed completedn prior tto
fountains. These impro
occupancy of the first unit.
11. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and weather.
12. Trash receptacles o he d b bli~copea spacesgh Thelstyleashall
such as plazas and p
be compatible with other plaza furnishings.
13. All street furniture surfaces, pedestrian-level walls and
amenities shall incorporate graffiti resistant coatings.
14. The podium level shall include amenities such as informal
modern outdoor furniture and seating areas, decorative pavers,
landscape trees and plant material.
15. Prior to issuance of building permits, the exterior building
amenities, materials and finishes shall be submitted for review
and approval by the Planning Division.
16. The podium level amenity deck shall be completely installed
prior to the issuance of any certificate of occupancy.
75A-107
bk: 1/27/09
RESOLUTION NO. 2009-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT FOR THE SKY LOFTS PROJECT,
APPROVING A MITIGATION MONITORING PROGRAM,
AND ADOPTING CERTAIN FACTS, FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City has under consideration application to construct Sky Lofts, the
final portion of the City Place Development located at 301 East Jeanette
Lane. The Sky Lofts proposed project consists of a high rise tower,
stacked townhomes and a parking structure on an approximately two acre
site. The residential segment will provide 333 condominium units within
the tower and 20 stacked for-sale townhouses wrapping one-side of the
729-space parking garage.
1. As a result of public input, the City prepared a Draft EIR
(Environmental Impact Report) for this proposed project, which was
submitted for public comment to all responsible agencies, the State
Clearinghouse, neighboring communities and districts,
neighborhoods in the vicinity and the requesting public.
2. All comments to the Draft EIR were considered and responded to in
the proposed Final EIR (which includes the Draft EIR and errata).
3. A proposed mitigation monitoring plan has been prepared, as has
the facts, findings and statements which are attached to this
Resolution.
B. At its regular meeting of January 12, 2009, the Planning Commission of
the City of Santa Ana, following a duly noticed public hearing,
recommended to the City Council that it adopt this Final EIR, the
mitigation monitoring plan, and certain facts, findings and statements.
75A-108
C. The City Council has fully considered this matter, and all public testimony,
at a duly noticed public hearing held at its regularly scheduled meeting of
February 2, 2009.
D. All attached documents, including the Final EIR, the mitigation monitoring
plan, the findings and approvals, the Request for Council Action dated
February 2, 2009, and the record of proceedings are incorporated herein
by this reference as though fully set forth.
Section 2. The City Council has reviewed and considered the information
contained in the Final EIR prepared with respect to this Project. The City Council has,
as a result of its consideration of the record as a whole and the evidence presented at
the hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR
meets all requirement of CEQA, including but limited to: finding that the Final EIR
adequately addresses the impacts of the project; that it identifies and through the
mitigation monitoring plan imposes all feasible mitigation measures which will reduce all
of the significant environmental impacts of the Project to a level of insignificance, except
those unavoidable impacts described more specifically in the statement of overriding
considerations; discusses a reasonable range of alternatives to the Project; identifies
the environmentally superior alternative; and based upon all of which and the record as
a whole the Council chooses to approve the Project. The City Council hereby certifies
and approves the Final EIR, the mitigation monitoring plan, the facts, findings and
Statement of Overriding Considerations attached to this Resolution, and directs that a
Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish
and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of
2009.
75A-109
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2009-~:XX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
75A-110
City Place Slcy Lofts Final Environmental hnpact Report Findengs
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT
REPORT, FINDINGS AND APPROVALS FOR THE
CITY PLACE SKY LOFTS PROJECT
1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT
REPORT
Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby
certifies the Final Environmental Impact Report (EIR, State Clearinghouse No. 2007041088) for the City
Place Slcy Lofts project. The Final EIR was completed in compliance with the California Environmental
Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines,
CCR, Title l4, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and
that it has reviewed and considered the information in the Final EIR prior to approving the City Place Sky
Lofts project, as set forth herein. The City further certifies that the Final EIR reflects the independent
judgment and analysis of the City of Santa Ana. The Final EIR consists of the November 5, 2007
Draft EIR, the March 10, 2008 Responses to Comments Report (RTC) and the project Mitigation
Monitoring and Reporting Program (MMRP).
2.0 FINDINGS
Having received, reviewed and considered the information in the record before it, including the Final EIR,
which is hereby incorporated by reference, the following Findings are hereby adopted by the City as
required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the
approval of the project, which is set forth below.
The City is the Lead Agency for the envirommental documentation for the project evaluated in the
Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and
Final E[Rs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the
Draft EIR was prepared by consultants retained by the City and by City staff, subject to independent
review and judgment of the City. The City finds that it has independently reviewed and analyzed the
Draft EIR and the Final EIR for the City Place Sky Lofts project, that the Draft EIR which was circulated
for public review reflected its independent judgment, and that the Final EIR reflects the independent
judgment of the City.
The City has based its actions on full appraisal of all viewpoints, including all comments received up to
the date of the adoption of these Findings, concerning the potential environmental impacts identified and
analyzed in the Final EIR.
In addition, the City has reviewed and considered the MMRP, which is contained in the Final EIR and
which describes the process to ensure implementation of the mitigation measures that have been
incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the
environment. This MMRP will ensure CEQA compliance during project implementation.
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City Place Sky Lofts Fina! Environmental Impact Report Findings
3.0 ENVIRONMENTAL REVIEW PROCESS
3.1 PROJECT BACKGROUND AND OBJECTIVES
The 2.008-acre City Place Sky Lofts project site is situated in the northeastern part of the City of Santa Ana
and is bordered by the City of Orange to the north. The project site is located at the northwestern corner of
Jeanette Lane and Lawson Way. Local access to the project site would be provided from Lawson Way.
Regional access to the project site would be provided by Interstate 5 (I-5) to the south and west and State
Route 22 (SR 22) to the north.
Main Street Concourse, LLC is proposing the City Place Sky Lofts project, which is a high-rise
residential development consisting of a 27-story residential tower; four levels of two-story town homes;
four above-grade parking and two below-grade parking levels; and amenity deck (Podium Level). A total
of 353 for sale residential units will be provided. The 31 story residential tower, which includes a four
level above ground parking structure, will include 333 units and 20 two-story town homes will be located
adjacent to the parking garage.
The objectives for the City Place Sky Lofts project are to:
• Develop the City Place as a commercial and residential center that provides entertainment,
shopping, dining and living opportunities for the residents of Santa Ana and surrounding area,
and that maximizes the advantages of the site's location on Main Street in terms of its visibility
and proximity to SR 22.
• Develop the vacant project site with land uses to help meet the residential needs in the
northeastern part of the City of Santa Ana.
• Provide a Long term development that is of the highest architectural quality and design.
• Provide a landscaping plan that is complementary to the project.
• Provide an exciting and visually cohesive development as viewed both internally and externally.
• Provide development that is consistent with the District Center designation of the General Plan
and which implements the spirit and intent and policies of the General Plan.
• Provide concentrated and internally integrated development rather than development that spreads
activities into adjacent residential neighborhoods.
• Provide a development that provides special design themes which are expressed in building
appearance and configuration, street and pedestrian area design, landscaping, lighting and
signage, and also provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in architectural scale and character.
• Provide off-street parking sufficient to service the development, consistent with uses contained in
the project.
• Include the provision or replacement of public streets, sidewalks, sewers, stone drains, traffic
signals, lighting systems, and other public facilities and improvements, as necessary.
• Maintain the existing streetscape pattern including sidewalk design, mature trees and light
fixtures.
• Introduce a mixture of multi-family housing types to the district.
• Maximize the residential density of the vacant site in City Place to support the purpose of the
General Plan designation of District Center, which is intended for high intensity development.
The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of
Santa Ana has determined that the EIR is required for the City Place Sky Lofts project pursuant to Section
15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and
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City Place Sky Lofts Final Environmental Impact Report
other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR
for the City Place Sky Lofts site plan approval and other related implementation actions.
To implement the project, the City and/or other public agencies must consider various actions, permits,
and approvals. The following City of Santa Ana approvals are anticipated to be required for the proposed
project:
• Amendment to Specific Development Plan 59 (SD-59) to modify the adopted SD-59 and
establish permitted land uses, site development standards, and parking requirements for the
proposed project.
• Tentative Tract Map for condominium purposes.
• Development Agreement.
• Conditional Use Permit.
In addition, the following approvals of agencies outside the City are anticipated for the proposed project:
• Federal Aviation Administration (FAA) review of Proposed Construction or Alteration (FAA
form 7460-1).
3.2 DRAFT ENVIRONMENTAL IMPACT REPORT
3.2.1 INITIAL STUDY AND NOTICE OF PREPARATION
The City of Santa Ana distributed the Notice of Preparation (NOP) and an Initial Study (IS) for the proposed
City Place Sky Lofts project on April 23, 2007, for the required 30-day review period. The NOP was
distributed to the State Clearinghouse Office of Planning and Research, public agencies, service providers,
and neighborhood associations in the vicinity of the project site. A copy of the NOP is provided in
Appendix A of the Draft EIR. The distribution list for the NOP is provided in Appendix B of the Draft EIR.
The City of Santa Ana received eight written comments to the NOP. Copies of these comment letters are
provided in Appendix C of the Draft EIR.
3.2.2 SLOPING MEETING
The City of Santa Ana conducted a public scoping meeting for the City Place Sky Lofts project on
May 16, 2007. The meeting was held at 6:00 P.Nt., at the Santiago Park Lawn Bowling Clubhouse. The
notice of the scoping meeting was included in the project NOP. Seven individuals attended the scoping
meeting. One of the attendees submitted a comment card indicating the desire to be kept informed of
future actions/activities concerning the City Place Sky Lofts project. This card is included in Appendix C
of the Draft EIR.
Based on the Findings of the IS and public input provided in response to the NOP, the Draft EIR
evaluated the following environmental issues: aesthetics; air quality; cultural resources; geology and
soils; hazards and hazardous materials; hydrology and water quality; land use and planning; noise;
population and housing; public services; recreation; transportation and traffic; and utilities and service
systems.
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City Place Sky Lofts Final Environmental Lmpact Report Findings
3.2.3 DRAFT EIR
3.2.3.1 Circulation of the Dra$ EIR
The City of Santa Ana circulated the Draft EIR for the City Place Sky Lofts project for public review
between November 7, 2007 and December 21, 2007. The RTC documents the public review and
comment period for the Draft EIR. The Notice of Completion (NOC) and the Notice of Availability
(NOA) for the Draft EIR are provided in Attachment A of the RTC Report. The NOA was advertised in
the Orange County Register and the record of publication is provided in Attachment B of the RTC
Report. The distribution list for the Draft EIR is provided in Appendix C in the RTC Report.
Written comments on the Draft EIR for the City Place Sky Lofts project were received from the
following:
State A _eg_ncies
Native American Heritage Commission
Southern California Association of Governments
Department of Toxic Substances Control
Department of Transportation -District 12
Public Utilities Commission
State of California Governor's Office of Planning and Research
Regional and Local Agencies
Southern California Gas Company
City of Irvine
Airport Land Use Commission for Orange County
City of Orange
The Kennedy Commission
County of Orange
Businesses, Groups and Organizations
The Colton Company
Park Santiago Neighborhood Association
General Public
Mrs. Margaret Beyer
3.2.3.2 Planning Commission Public Hearing
A public hearing was held on the Draft EIR for the City Place Sky Lofts project as part of the regularly
scheduled November 26, 2007, City of Santa Ana Planning Commission meeting. This meeting was held
at the City Hall Ross Annex (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to
receive public comments on the Draft EIR. No public comments on the project were made during the
Planning Commission meeting.
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City Place Slry Lofts Final Environmentallmpact Report Findings
3.2.3.3 Written Responses to Written Comments
The City evaluated the comments on environmental issues received from persons who reviewed the Draft
EIR. In accordance with CEQA, the City prepared written responses describing the disposition of
significant environmental issues raised in these comments. As required by CEQA, the City has provided
to each of the public agencies that commented on the Draft EIR responses to the comments received from
that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate,
good faith, and reasoned responses to the comments.
Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when
significant new information is added to the EIR after the Notice of Availability is given, but before
certification. The term "information" specifically includes:
(i) Changes to the project,
(ii) Changes in the environmental setting or
(iii) Additional new data or other information.
Section 15088.5 of the CEQA Guidelines further provides that "...new information added to an EIR is not
"significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to
comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or
avoid such an effect (including a feasible project alternative) that the project's proponents have declined
to implement."
The City has reviewed the comments received on the Draft EIR and the responses to those comments as
well as other text changes and references that have been incorporated into the Final EIR. Since the
release of the Draft EIR for public review, there have been no changes to the project; no changes in the
environmental setting; and no additional data or information were added to the EIR which would deprive
the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the
information contained in the Draft and Final EIRs and in the administrative record, as well as the
requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of Draft EIRs, the
City hereby finds that there is no new significant information and no need to recirculate the EIR.
Therefore, the Final EIR has been prepared and considered by the City.
3.3 FINAL ENVIRONMENTAL IMPACT REPORT
The City has prepared a Final EIR for the City Place Sky Lofts project. In accordance with the
requirements of CEQA and the CEQA Guidelines, the Final EIR consists of:
(a) The Draft EIR;
(b) Comments and recommendations received on the Draft EIR, provided in the RTC Report;
(c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in
the RTC Report;
(d) Clarifications and revisions to the Draft EIR
(e) The City's responses to the comments received on the Draft EIR, provided in the RTC Report;
(f) The Final MMRP and
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(g) Other information added by the City, including all documents incorporated by reference.
4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED
MITGATION MEASURES IDENTIFIED IN THE FINAL EIR
The analysis in the Final EIR identifies all the significant adverse environmental impacts of the City Place
Sky Lofts project. All the mitigation measures identified in the Final EIR are included in the project
approval and are made conditions of the City Place Sky Lofts project. The following Findings are made
with respect to each significant adverse environmental impact of the City Place Sky Lofts project. In
addition, the following Findings provide a description of the potential adverse impacts of the project and
the mitigation measures in support of the Findings.
Potentially significant adverse impacts of a project can be divided into two categories:
Potentially significant adverse impacts which can be mitigated to below a level of significance,
based on implementation of identified project features, project mitigation measures, and/or City
of Santa Ana standard conditions of approval.
• Potentially significant adverse impacts which can be partially mitigated, but not to below a level
of significance. As described later in these Findings, the City Place Sky Lofts project will result
in some significant adverse impacts which cannot be mitigated to below a level of significance.
For each potentially significant adverse impact of the City Place Sky Lofts project, one of the following
Findings must be made, including the provision of facts supporting each finding:
• Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
• Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the findings. Such changes have been adopted by such other agency
or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE
SKY LOFTS PROJECT WHICH CANNOT BE MITIGATED TO BELOW A
LEVEL OF SIGNIFICANCE
Potentially significant adverse impacts of the City Place Sky Lofts project which cannot be mitigated to
below a level of significance are described in this Section. The City of Santa Ana City Council finds that
these potentially significant adverse impacts of the City Place Sky Lofts project would not be mitigated to
below a level of significance, after implementation of the project mitigation measures. A Statement of
Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse
impacts of the City Place Sky Lofts project, as described later in Section 7.0 (Statement of Overriding
Considerations).
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4.1.1 AESTHETIC IMPACTS RELATED TO SHADE AND SHADOW
4.1.1..1 Potentially Significant Adverse Impacts Related to Shade and Shadow
As described in Section 4.2 (Aesthetics) of the EIR, the City Place Sky Lofts project would result in
significant adverse impacts related to shade and shadow which would substantially reduce the visual
quality of the residential and park uses that are shaded by the proposed project.
4.1.1.2 Finding Related to Shade and Shadow
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.1.3 Facts in Support ofthe Finding Related to Shade and Shadow
There are no feasible mitigation measures to reduce shade and shadow impacts. Therefore, the significant
adverse impact on the visual quality of residential and park uses that are shaded by the project cannot be
reduced to below a level of significance.
4.1.1.4 Level of Significance of Impacts Related to Shade and Shadow
The adverse impacts of the City Place Sky Lofts project related to shade and shadow cannot be mitigated
to below a level of significance.
4.1.2 CUMULATIVE AESTHETIC IMPACTS RELATED TO SHADE AND SHADOW
4.1.2.1 Potentially Significant Cumulative Adverse Impacts Related to Shade and Shadow
As described in Section 5.0 (Cumulative Impacts) of the EIR, in the spring, summer, fall, and winter late
afternoon and early evening the 27-story tower would cast shadow on certain residential uses east of
Lawson Way, northeast of South Parker Street, and southeast of Memory Lane. In the spring, summer,
and fall shadow would also be cast on Santiago Park in the late afternoon and early evening. This impact
cannot be -nitigated and would remain a significant adverse impact of the proposed project. Therefore,
the proposed project would result in significant adverse cumulative impacts on visual quality related to
shade and shadow.
4.1.2.2 Finding Related to Cumulative Shade and Shadow
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.2.3 Facts in Support of the Finding Related to Cumulative Shade and Shadow
There are no feasible mitigation measures to substantially reduce adverse cumulative impacts on visual
quality. The significant adverse shade and shadow impacts on visual quality cannot be reduced to below
a level of significance. Therefore, the City Place Sky Lofts project will contribute cumulatively to
adverse aesthetic impacts.
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4.1.2.4 Level of Significance of Impacts Related to Cumulative Shade and Shadow
The contribution of the City Place Sky Lofts project to cumulatively adverse visual impacts related to
shade and shadow cannot be mitigated to below a level of significance.
4.1.3 LONG-TERM AIR QUALITY IMPACTS RELATED TO REACTIVE ORGANIC
GASES (ROG)
4.1.3.1 Potentially Significant Adverse Impacts Related to Operational ROG Emissions
As described in Section 4.3 (Air Quality) of the EIR, project operations would result in emissions of ROG
which would exceed the operational phase thresholds established by the South Coast Air Quality
Management District (SCAQMD). These ROG emissions cannot be mitigated to below a level of
significance and would constitute an unavoidable significant adverse impact.
4.1.3.2 Finding Related to Operational ROG Emissions
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.3.3 Facts in Support of the Finding Related to Operational ROG Emissions
There are no feasible mitigation measures to substantially reduce ROG emissions during the operational
please. Therefore, the significant adverse impact during operation of the City Place Sky Lofts project
related to ROG emissions cannot be reduced to below a level of significance. Compliance with the
following project mitigation measures will lessen air quality impacts during operation.
AQ-7 All appliances installed as part of the project shall be energy efficient appliances (i.e.,
washer/dryers, refrigerators, stoves, etc.).
AQ-8 The project applicant will install ozone destruction catalysts on all air conditioning units.
AQ-9 The proposed project will not include wood burning fireplaces.
AQ-10 The project will exceed by 20% requirements of the Energy Efficiency Standards of Title
24 of the California Code of Regulations. Prior to approval of a building permit the
project applicant will provide documentation to the City Engineer of compliance with this
measure.
4.1.3.4 Level of Significance of Impacts Related to Operational ROG Emissions
The long term adverse impacts of the City Place Sky Lofts project related to ROG emissions during
operation cannot be mitigated to below a level of significance.
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4.1.4 LONG-TERM CUMULATIVE IMPACTS RELATED TO ROG EMISSIONS
4.1.4.1 Potentially Significant Cumulative Adverse Impact Related to Operational ROG
Emissions
As discussed above and in Section 5.0 (Cumulative Impacts) of the EIR, the operation-related ROG
emissions of the City Place Sky Lofts project would exceed the applicable SCAQMD thresholds for these
criteria pollutants. The impacts from the proposed project plus related cumulative projects would
additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin
(Basin), which is already anon-attainment area. This impact is significant and adverse and cannot be
mitigated to below a level of significance.
4.1.4.2 Finding Related to Cumulative Operational ROG Emissions
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.4.3 Facts in Support of the Finding Related to Cumulative Operational ROG Emissions
There are no feasible mitigation measures to substantially reduce ROG emissions during operation of the
proposed project. The significant adverse air quality impacts during operation of the City Place Sky Lofts
project cannot be reduced to below a level of significance. Therefore, the City Place Sky Lofts project
will contribute cumulatively to adverse air quality impacts in the Basin.
4.1.4.4 Level of Significance of Impacts Related to Cumulative Operational ROG Emissions
The contribution of the City Place Sky Lofts project to cumulatively adverse impacts related to ROG
emissions during operation cannot be mitigated to below a level of significance.
4.1.5 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO ROAD
SEGMENTS
4.1.5.5 Potentially Significant Adverse Impacts Related to Road Segments in 2010
As described in Section 4.13 (Transportation and Traffic) of the EIR, implementation of the proposed project
would result in temporary traffic impacts. For the 2010 traffic conditions, the Main Street road segment
between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance
without amending the Master Plan of Arterial Highways (MPAH) road classification from a Major Arterial to
a Principal Arterial. The road reclassification from a Major Arterial to a Principal Arterial would provide one
additional lane in each direction. This road reclassification would require an amendment to the City of
Orange General Plan and the City of Santa Ana General Plan.
As discussed in Section 4.13.4.4 (2030 Traffic Impact Analysis), Main Street between La Veta Avenue
and Town & Country Road would operate at an acceptable Level of Service (LOS) D in 2030 without and
with the proposed project. Daily traffic volumes on Main Street in 2030 were generally forecasted to be
lower than the daily traffic volumes in 2010 because the buildout of the MPAH would provide additional
road capacity on the parallel north-south arterial highways such as Bristol Street to the west and Grand
Avenue to the east. The additional north-south arterial highways road capacities would alleviate traffic
demand on Main Street by shifting some of the traffic demand to Bristol Street and Grand Avenue.
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Therefore, implementation of the proposed project would create a temporary significant and unavoidable
adverse impact to Main Street between La Veta Avenue and Town & Country Road until Bristol Street
and Grand Avenue are built out to the MPAH designations.
4.1.5.2 Finding Related to Road Segments in 2010
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.5.3 Facts in Support of the Finding Related to Road Segments in 2010
The Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to
below a level of significance without amending the MPAH road classification from a Major Arterial to a
Principal Arterial. This is considered infeasible for a temporary traffic impact. This segment will operate at
acceptable LOS D in 2030.
4.1.5.4 Level of Significance of Impacts Related to Road Segments in 2010
The temporary adverse impacts of the City Place Sky Lofls project related to the Main Street road segment
between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of significance.
4.1.6 CUMULATIVE TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO
ROAD SEGMENTS IN 2010
4.1.6.1 Potentially Significant Cumulative Adverse Impacts Related to Road Segments in
2010
Implementation of the proposed project would result in temporary cumulative traffic impacts. For the 2010
traffic conditions, the Main Street road segment between La Veta Avenue and Town & Country Road cannot
be mitigated to below a level of significance without amending the MPAH road classification from a Major
Arterial to a Principal Arterial The road reclassification from a Major Arterial to a Principal Arterial would
provide one additional lane in each direction. This road reclassification would require an amendment to the
City of Orange General Plan and the City of Santa Ana General Plan. This is considered infeasible for a
temporary traffic impact. This segment will operate at acceptable LOS D in 2030.
4.1.6.2 Finding Related to Cumulative Conditions of Road Segments in 2010
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
4.1.6.3 Facts in Support of the Finding Related to Cumulative Conditions of Road Segments
in 2010
The Main Street road segment between La Veta Avenue and Town & Country Road cannot be mitigated to
below a level of significance without amending the MPAH road classification from a Major Arterial to a
Principal Arterial.
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4.1.6.4 Level of Significance of Impacts Related to Cumulative Conditions of Road
Segments in 2010
The temporary adverse cumulative impacts of the City Place Sky Lofts project related to the Main Street road
segment between La Veta Avenue and Town & Country Road cannot be mitigated to below a level of
significance.
4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE
SKY LOFTS PROJECT WHICH CAN BE MITIGATED TO BELOW A
LEVEL OF SIGNIFICANCE
Potentially significant adverse impacts of the City Place Sky Logs project which can be mitigated to
below a level of significance are described in this Section. The City of Santa Ana City Council finds that
these potentially significant adverse impacts of the project would be mitigated to below a level of
significance, after implementation of the identified project mitigation measL~res.
4.2.1 AESTHETIC IMPACTS RELATED TO LIGHT AND GLARE
4.2.1.1 Potentially Significant Adverse Impacts Related to Light and Glare
As described in Section 4.2 (Aesthetics) of the EIR, light associated with the proposed residential tower
and parking structure would add to the amount of existing light on and near the project site. Sources of
light would include outdoor lighting and light from windows in the residential tower and town homes, and
nighttime security lighting for the parking structure. This additional light would be potentially
significant.
Implementation of the proposed project could result in additional glare from sunlight reflecting off of
glare-producing building materials. This impact would be potentially significant.
4.2.1.2 Finding Related to Light and Glare
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.1.3 Facts in Support of the Finding Related to Light and Glare
Implementation of mitigation measures AS-2 and AS-3 would reduce the potential impacts to light and
glare to less than significant levels.
AS-2 The project proponent will ensure that all outdoor lighting and fixtures, including lighting
for construction, are shielded or designed and located to minimize nighttime light spillage
onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot
candle power of light where possible and will direct lighting toward the interior of the
project site.
AS-3 Non-reflective materials shall be utilized to the extent feasible. Building site plans shall
be reviewed and approved by the City Planning and Public Works Department.
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4.2.1.4 Level of Significance of Impacts Related to Light and Glare
The adverse impacts of the City Place Sky Lofts project related to light and glare will be mitigated to
below a level of significance with implementation of mitigation measures AS-2 and AS-3.
4.2.2 SHORT-TERM AIR QUALITY IMPACTS
4.2.2.1 Potentially Significant Adverse Impacts Related to Construction Emissions
As described in Section 4.3 (Air Quality) of the EIR, during the construction phase of the project, air
quality emissions would exceed the construction phase thresholds established by the SCAQMD and
would result in a significant adverse short-term regional air quality impact.
4.2.2.2 Finding Related to Construction Emissions
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.2.3 Facts in Support ofthe Finding Related to Construction Emissions
The proposed project would result in significant adverse air quality impacts during the construction phase.
Implementation of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4 and AQ-5 would reduce
construction-related air quality impacts to less-than-significant levels.
During construction, the contractor would be required to comply with SCAQMD Rule 403 -Fugitive
Dust. Rule 403 requires that dust generated during demolition and construction activities be suppressed.
Under Rule 403, the project construction activities would be subject to the following requirements:
AQ-1 All trucks hauling dirt, sand, soil or other loose materials off-site shall be covered or
wetted or shall maintain at least two feet of freeboard (i. e., minimum vertical distance
between the top of the load and the top of the trailer).
AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public
paved roads (reclaimed water shall be used if available.)
AQ-3 All active sites shall be watered at least twice daily.
AQ-4 All grading activities that result in dust generation shall cease during second stage smog
alerts and periods of high winds (i.e., greater than 25 miles per hour [mph]) if dust is
being transported to off-site locations and cannot be controlled by watering.
AQ-5 The developer shall use zero Volatile Organic Compounds (VOC) content architectural
coatings during the construction of the project to the maximum extent feasible. This
measure would reduce volatile organic compounds (VOC) [ROG] emissions by
95 percent over conventional architectural coatings. The following websites provide lists
of manufacturers of zero VOC content coatings:
http://www.ackmd.gov/business/brochures/zerovoc.htm l
http://www.de1ta-institute. ors/publications/pai nts.pdf
http://www.cleanaircounts.org/factsheets/FS%20PDF/Low%20VOC%20Paint. pdf
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4.2.2.4 Level of Significance of Impacts Related to Construction Emissions
The adverse impacts of the City Place Sky Lofts project related to short-term air quality emissions will be
mitigated to below a level of significance with implementation of the mitigation measures provided AQ-1
through AQ-5.
4.2.3 CULTURAL RESOURCES IMPACTS
4.2.3.1 Potentially Significant Adverse Impacts Related to Cultural Resources
As discussed in Section 4.4 (Cultural Resources) of the EIR, there is potential that construction of the
City Place Sky Lofts project could have a significant adverse impact on any unknown cultural resources
which might exist on the project site.
4.2.3.2 Finding Related to Cultural Resources
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.3.3 Facts in Support of the Finding Related to Cultural Resources
Implementation of mitigation measures C-1 and C-2, provided below, will substantially lessen the adverse
impacts of the City Place Sky Lofts project related to cultural resources during construction, and will
reduce this potentiaLLy significant adverse impact to below a level of significance.
C-1 If buried cultural material is encountered during project construction, the construction
contractor shall immediately stop work within the immediate vicinity of the finding and the
City's Environmental Coordinator shall be contacted for appropriate action.
C-2 If human remains are encountered during construction activities, work shall cease and the
Orange County Coroner's Office and the Native American Heritage Commission shall be
notified. A course of action will be agreed upon regarding the treatment of said remains
with the Orange County Coroner's Office or in compliance with the Native American
Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage
Commission if the remains are determined to be of Native American origin. This process
can involve, but is not limited to, re-interment of said remains on- or off-site, donation to
museums or schools for the promotion of archaeological body of record, or other
arrangements as ageed upon by the consultation process with the Native American
descendents or their representative.
4.2.3.4 Level of S ignificance of Impacts Related to Cultural Resources
The adverse impacts of the City Place project related to cultural resources during construction will be
mitigated to below a level of significance with implementation of mitigation measures C-1 and C-2.
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Cite Place SIry Lofts Final Environmental Impact Report Findings
4.2.4 GEOLOGY AND SOILS IMPACTS RELATED TO GEOTECHNICAL
CONDITIONS
4.2.4.1 Potentially Significant Adverse Impacts Related to Geotechnical Conditions
As discussed in Section 4.5 (Geology and Soils) of the EIR, implementation of the City Place Sky Lofts
project could result in significant adverse impacts related to geotechnical conditions. In addition, results of
the settlement analyses indicated that the potential exists for significant differential settlement between
the tower and town home portions of the proposed project.
4.2.4.2 Finding Related to Geotechnical Conditions
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.4.3 Facts in Support ofthe Finding Related to Geotechnical Conditions
With implementation of mitigation measures G-l and G-2, provided below, the potential for significant
adverse impacts related to geotechnical conditions would be less than significant.
G-1 Prior to issuance of a grading permit, a Final geotechnical report that addresses site-
specific geotechnical considerations will be submitted to the City Engineer for approval.
G-2 Recommendations for grading/earthwork, surface, and subsurface drainage, temporary
and/or permanent dewatering, foundations, pavement structural sections, seismic design,
and other pertinent, geotechnical design considerations will be formulated and will be
included in the grading and building plans for the proposed project.
4.2.4.4 Level of Significance of Impacts Related to Geotechnical Conditions
The adverse impacts of the City Place Sky Lofts project related to geotechnical conditions will be
mitigated to below a level of significance with implementation of mitigation measures G-l and G-2.
4.2.5 GEOLOGY AND SOILS IMPACTS RELATED TO EROSION AND LOSS OF
TOPSOIL
4.2.5.1 Potentially Significant Adverse Impacts Related to Erosion and Loss of Topsoil
As discussed in Section 4.5 (Geology and Soils) of the EIR, implementation of the City Place Sky Lofts
project could result in significant adverse impacts related to erosion and loss oftopsoil.
4.2.5.2 Finding Related to Erosion and Loss of Topsoil
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.5.3 Facts in Support ofthe Finding Related to Erosion and Loss of Topsoil
With implementation of mitigation measure W-3, provided below, the potential for significant adverse
impacts related to erosion and loss oftopsoil would be less than significant.
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Findings
W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit
for approval to the RWQCB, a Notice of Intent to be covered under the Storm Water Permit.
Additionally, the project proponent shall prepare a SWPPP which will require the
implementation of BMPs. The project proponent shall implement the SWPPP and will
modify the SWPPP as directed by the Storm Water Permit. These provisions shall be
included in the plan notes. The SWPPP shall include all of or a combination of specific
BMPs as follows:
a) Sediment for areas disturbed by construction shall be retained on-site using
structural controls such as sandbags, fencing, or retention ponds.
b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment
transport from the site to the streets, drainage facilities, or adjacent properties via
runoff, vehicle tracking or wind.
c) Appropriate BMPs for construction-related materials, wastes, spills, or residues
shall be implemented to minimize transport from the site to streets, drainage
facilities, or adjoining properties.
d) Runoff from equipment and vehicle washing shall be contained at construction sites
unless treated to reduce or remove sediment and other pollutants.
e) All construction contractor and subcontractor personnel are to be made aware of the
required BMPs and good housekeeping measures for the project site and any
associated construction staging areas.
f) At the end of each day of construction activity, all construction debris and waste
materials shall be collected and properly disposed of in trash or recycle bins.
g) Any designated smoking area shall have an appropriate cigarette waste receptacle
that is fitted to not allow cigarette butts to enter storm water or drains during rain or
high winds. All contractor and subcontractor personnel will be directed to dispose
of cigarette butts in these receptacles.
4.2.5.4 Level of Significance of Impacts Related to Erosion and Loss of Topsoil
The adverse impacts of the City Place Sky Lofts project related to erosion and loss of topsoil will be
mitigated to below a level of significance with the implementation of mitigation measure W-3.
4.2.6 HAZARDS AND HAZARDOUS MATERIALS IMPACTS RELATED TO
AIRPORT LAND USE PLANS
4.2.6.1 Potentially Significant Adverse Impacts Related to Airport Land Use Plans
As discussed in Section 4.6 (Hazards and Hazardous Materials) of the EIR, the City Place Sky Lofts
27-story tower is 365 feet 8 inches above the ground at its highest point (a mechanical penthouse).
Because the residential tower exceeds 200 feet in height, any such use (over 200 feet in height) would
substantially fall within the John Wayne Airport Environs Land Use Plan (AELUP). Therefore, the
proposed project would require filing with the FAA. Implementation of the proposed project could
potentially result in significant impacts related to aviation hazards.
4.2.6.2 Finding Related to Airport Land Use Plans
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
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4.2.6.3 Facts in Support of the Finding Related to Airport Land Use Plans
Implementation of mitigation measure H-1 would ensure that any aviation-related safety hazards
associated with the proposed project would be reduced to below a level of significance.
H-1 The Applicant 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. A
notification letter will be sent to the Airport Land Use Corrnnission (ALUC) to indicate a
structure proposed to be in excess of 200 feet in height.
4.2.6.4 Level of Significance of Impacts Related to Airport Land Use Plans
The adverse impacts of the City Place Sky Lofts project related to Airport Land Use Plans will be
mitigated to below a level of significance with the implementation of mitigation measure H-1.
4.2.7 HYDROLOGY AND WATER QUALITY IMPACTS
4.2.7.1 Potentially Significant Adverse Impacts Related to Water Quality
As discussed in Section 4.7 (Hydrology and Water Quality) of the EIR, the construction and operation of
the City Place Sky Lofts project may result in the potential for significant adverse impacts to water
quality associated with contaminants on the site being carried from the site in runoff.
4.2.7.2 Finding Related to Water Quality
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.7.3 Facts in Support of the Finding Related to Water Quality
Implementation of mitigation measures W-3 during construction and W-4 during operation, provided
below, will substantially lessen the adverse impacts of the City Place Sky Lofts project related to water
quality during construction and operation, and will reduce this potentially significant adverse impact to
below a level of significance.
For Construction (Storm Water Pollution Prevention PIanZ(S WPPP)
W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit
for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to
be covered under the Storm Water Permit. Additionally, the project proponent shall prepare
a SWPPP which will require implementation of Best Management Practices (BMPs). The
project proponent shall implement the SWPPP and will modify the SWPPP as directed by
the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP
shall include all of or a combination of specific BMPs as follows:
a) Sediment for areas disturbed by construction shall be retained on-site using
structural controls such as sandbags, fencing, or retention ponds.
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b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment
transport from the site to the streets, drainage facilities, or adjacent properties via
runoff, vehicle tracking, or wind.
c) Appropriate BMPs for construction-related materials, wastes, spills, or residues
shall be implemented to minimize transport from the site to streets, drainage
facilities, or adjoining properties.
d) Runoff from equipment and vehicle washing shall be contained at construction sites
unless treated to reduce or remove sediment and other pollutants.
e) All construction contractor and subcontractor personnel are to be made aware of the
required BMPs and good housekeeping measures for the project site and any
associated construction staging areas.
f) At the end of each day of construction activity, all construction debris and waste
materials shall be collected and properly disposed of in trash. or recycle bins.
g) Any designated smoking area shall have an appropriate cigarette waste receptacle
that is fitted to not allow cigarette butts to enter storm water or drains during rain or
high winds. All contractor and subcontractor personnel will be directed to dispose
of cigarette butts in these receptacles.
For Post-Construction (Water Quality Management Plan) (WOMP)
W-4 Prior to Finalizing design plans, a Water Quality Management Plan (WQMP) shall be
prepared addressing post construction storm water runoff. This will consist primarily of
structural BMPs addressing the urban runoff from the site.
4.2.7.4 Level of Significance of Impacts Related to Water Quality
The adverse impacts of the City Place Sky Lofts project related to water quality during construction will
be mitigated to below a level of significance with the implementation of mitigation measures W-3 and
W-4.
4.2.8 NOISE IMPACTS
4.2.8.1 Potentially Significant Adverse Impacts Related to Noise
As described in Section 4.9 (Noise) of the EIR, mechanical equipment noise will be associated with the
ventilation system for the underground portion of the parking structure, with the mechanical system for
the residential tower, and with the outdoor amenities. Depending on the type of equipment and where it is
located relative to the nearby properties, the unmitigated noise levels produced by the mechanical
equipment may exceed the City of Santa Ana's Municipal Code standards at the adjacent off-site
properties.
4.2.8.2 Finding Related to Noise
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
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4.2.8.3 Facts in Support of the Finding Related to Noise
Implementation of mitigation measure N-1, provided below, will reduce potentially significant adverse
impacts of the City Place Sky Lofts project related to noise to below a level of significance.
N-1 The Final design of the mechanical systems will comply with the noise standards of the
City of Santa Ana's Municipal Code. Compliance with these standards will be verified
by an acoustical analysis conducted by a qualified acoustical consultant during the Final
design phase of the project. If this analysis indicates that the mechanical systems, as
designed, will fail to meet the noise standards, further noise control measures shall be
incorporated into the design to provide compliance. This may include such measures as:
selection of quieter mechanical equipment, relocation of mechanical equipment and its
associated intakes and exhausts, use of parapet walls or other acoustical shielding, and
use of silencers or acoustical louvers.
4.2.8.4 Level of Significance of Impacts Related to Noise
The adverse impacts of the City Place Sky Lofts project related to noise will be mitigated to below a level
of significance with the implementation of mitigation measure N-1.
4.2.9 RECREATION IMPACTS
4.2.9.1 Potentially Significant Adverse Impacts Related to Recreation Facilities
As described in Section 4.12 (Recreation), the City Place Sky Lofts project would increase the demand
for parks and recreational facilities in the City.
4.2.9.2 Finding Related to Recreation Facilities
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.9.3 Facts in Support of the Finding Related to Recreation Facilities
Implementation of mitigation measure R-1 listed below would reduce potential recreation impacts to a
level that is less than significant.
R-1 Prior to the issuance of the permits, the proposed project shall comply with the City's public
dedication requirements either through provision of private open space, public land
dedication, fees, or other vehicles acceptable to the City.
4.2.9.4 Level of Significance of Impacts Related to Recreation Facilities
The adverse impacts of the City Place Sky Lofts project related to recreational facilities will be mitigated
to below a level of significance with the implementation of mitigation measure R-1.
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4.2.10 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO 2030
SIGNLAIZED INTERSECTIONS
4.2.10.1 Potentially Significant Adverse Impacts Related to 2030 Signalized Intersections
As discussed in Section 4.13 (Transportation and Traffic) of the EIR, in 2030, the intersections of Parker
Street at La Veta Avenue and Parker Street at Town & Country Road would operate at unacceptable LOS
F and LOS E, respectively, during the A.M. peak hour. Therefore, implementation of the proposed project
would cause these signalized intersections to operate at an unacceptable LOS, and with an increase in the
Intersection Capacity Utilization (ICLI) of greater than 0.01, representing a significant adverse impact.
4.2.10.2 Finding Related to 2030 Signalized Intersections
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.10.3 Facts in Support ofthe Finding Related to 2030 Signalized Intersections
Implementation of mitigation measures T-I and T-2, provided below, will reduce the impacts on the 2030
signalized intersections of Parker Street at La Veta Avenue and Parker Street at Town & Country Road to
below a level of significance.
T-1 Prior to the issuance of permits, and subject to the approval of the City of Orange, the
applicant shall deposit its set fee into the Transportation System Improvement Area Joint
Powers Agreement (TSIA JPA) between the cities of Orange and Santa Ana and pay its
fair-share of construction costs for the following improvements at the intersection of
Parker Street and La Veta Avenue: add one northbound right-turn lane; stripe the
unstriped eastbound right-turn lane; convert one eastbound through lane to one shared
through/right-turn lane; convert one westbound through lane to one left-turn lane; and
modify traffic signal phasing to provide a protected left-turn phase for the eastbound and
westbound approaches. The applicant's fair-share contribution is two percent of the
construction costs.
T-2 Prior to the issuance of permits, and subject to the approval of the City of Orange, the
applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of construction
costs for the following improvements at the intersection of Parker Street and Town &
Country Road: convert one eastbound through lane to one shared through/left-turn lane;
and modify the signal phasing to provide an eastbound/westbound split phase. The
applicant's fair-share contribution is nine percent of the construction costs.
4.2.10.4 Level of Significance ofImpacts Related to 2030 Signalized Intersections
The adverse impacts of the City Place Sky Lofts project related to the 2030 signalized intersections of
Parker Street at La Veta Avenue and Parker Street at Town & Country Road will be mitigated to below a
level of significance with the implementation of mitigation measures T-1 and T-2.
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4.2.1 1 TRANSPORTIATION AND TRAFFIC IMPACTS RELATED TO 2030
SIGNALIZED INTERRSECTIONS AT CALTRANS RAMPS
4.2.1 L 1 Potentially Significant Adverse Impacts Related to 2030 Signalized Intersections at
Caltrans Ramps
As discussed in Section 4.13 (Transportation and Traffic) of the EIR, for the 2030 signalized intersections
at Caltrans ramps, the intersections of SR 22 eastbound ramps/Lawson Way at Town & Country Road
and Main Street at 1-5 HOV ramps/I-5 northbound off-ramp/Edgewood Road would operate at
unacceptable LOS E both with and without the project during the P.Nt. peak hour. In addition, the SR 22
eastbound ramps/Lawson Way at Town & Country Road would operate at unacceptable LOS F both with
and without the project during the A.M. peak hour. Therefore, implementation of the City Place Sky Lofts
project would cause these Caltrans signalized intersections to operate at an unacceptable LOS, and with
an increase in delay of greater than one percent, representing a significant adverse impact.
4.2. l 1.2 Finding Related to 2030 Signalized Intersections at Caltrans Ramps
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.11.3 Facts in Support of the Finding Related to 2030 Signalized Intersections at Caltrans
Ramps
Implementation of mitigation measures T-3 and T-4, provided below, will reduce the impacts on the 2030
signalized intersections of SR 22 eastbound ramps/Lawson Way at Town & Country Road and Main
Street at I-5 HOV ramps/I-5 northbound off-ramp/Edgewood Road to below a level of significance.
T-3 Prior to the issuance of permits, and subject to the approval of the City of Orange and
Caltrans, the applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of
construction costs for the following improvements at the intersection of SR 22 eastbound
ramps and Lawson Way at Town & Country Road: convert one northbound right-turn
lane to one shared through/right-turn lane; convert one southbound shared through/right-
turn lane to one shared through/left-/right-turn lane; convert one westbound through lane
to one shared through/left-turn lane; and modify traffic signal phasing to provide an
eastbound/westbound split phase. The recommended improvements shall be designed to
meet Caltrans standards. The applicant's fair-share contribution is ten percent of the
construction costs.
T-4 Prior to the issuance of permits, and subject to the approval of the City of Santa Ana and
Caltrans, the applicant shall deposit its set fee into the TSIA JPA and pay its fair-share of
construction costs for the following improvements at the intersection of Main Street at I-5
HOV ramps, I-5 northbound off-ramp and Edgewood Road: convert one westbound
shared through left-turn lane to one left-turn lane; convert one westbound right-turn lane
to one shared through/right-turn lane; and modify the traffic signal phasing to provide a
protected eastbound right-turn phase that is overlapped with the northbound left-turn
phase. The recommended improvements shall be designed to meet Caltrans standards.
The applicant's fair-share contribution is 14 percent of the construction costs.
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4.2.11.4 Level of Significance of Impacts Related to 2030 Signalized Intersections at Caltrans
Ramps
The adverse impacts of the City Place Sky Lofts project related to the 2030 signalized intersections of
SR 22 eastbound ramps/Lawson Way at Town & Country Road and Main Street at I-5 HOV ramps/I-5
northbound off-ramp/Edgewood Road will be mitigated to below a level of significance with the
implementation of mitigation measures T-3 and T-4.
4.2.12 TRANSPORTATION AND TRAFFIC IMPACTS RELATED TO THE TWO-BAY
TRUCK LOADING AREA
4.2.12.1 Potentially Significant Adverse Impacts Related to the Two-Bay Truck Loading Area
As described in Section 4.13 (Transportation and Traffic) of the EIR, for the two-bay truck loading area
located at the northwestern corner of the building, the truck-turning analysis concluded that an inbound
delivery truck would strike the proposed east curb as the delivery truck backs into the east loading bay.
Also, an outbound delivery truck leaving from the west loading bay would strike the proposed west curb
as it makes a northbound left turn and would require several turning maneuvers and direction changes to
avoid striking the building west of the proposed project.
4.2. ] 2.2 Finding Related to the Two-Bay Truck Loading Area
Changes or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the Final EIR.
4.2.12.3 Facts in Support of the Finding Related to the Two-Bay Truck Loading Area
Implementation of mitigation measures T-5, provided below, will reduce impacts to the two-bay truck
loading area to below a level of significance.
T-5 Prior to the issuance of building permits, the applicant shall increase the two-bay truck
loading area's west and east curb radii to 25 feet and use the west loading bay primarily
for delivery vans.
4.2.12.4 Level of Significance ofImpacts Related to Two-Bay Truck Loading Area
The adverse impacts of the City Place Sky Lofts project related to the two-bay truck loading area will be
mitigated to below a level of significance with implementation of mitigation measure T-5.
4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN
SIGNIFICANT
The City finds that, based on substantial evidence in the record, discussed below, the following impacts
associated with the City Place Sky Lofts project are less than significant and no mitigation is required.
Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the
City Place Sky Lofts project Which Cannot Be Mitigated to Below a Level of Significance)
and 4.2 (Potentially Significant Adverse Impacts of the City Place Sky Lofts project Which Can Be
Mitigated to Below a Level of Significance), above, no other potentially significant adverse project
specific impacts of the proposed project are anticipated to occur.
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An Initial Study (IS) was completed at the beginning of the environmental review process for the City Place
Sky Lofts project, to identify those impacts that could be potentially significant and adverse and which
required further study in an EIR. The IS also provided analysis on the environmental impacts of the project
that were determined to be less than significant due to the identification and incorporation of mitigation early
in the process or based on compliance with existing regulations. The Findings of the IS are summarized in
Section 3.0 (Effects Found Not to be Significant) in the EIR.
The EIR and IS determined, based on substantial evidence in the record, that the following effects of the
project would have no significant adverse or no adverse impact on the environment.
4.3.1 AESTHETICS
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the
City Place Sky Lofts project will not result in significant adverse impacts related to scenic vistas and
scenic resources.
As described in Section 4.2 (Aesthetics) in the EIR, the City Place Sky Lofts project will not substantially
degrade the existing visual character of the site. Although impacts of the proposed project related to
visual character are less than significant, mitigation measure AS-1 has been included to reduce potential
visual impacts related to above-ground utilities.
AS-1 All above-ground utilities shall, unless technically infeasible, be located within
the 2.008-acre project site, and not on adjoining public right-of--way. The project
applicant shall screen these utilities from the public right-of--way, and shall grant
appropriate easements to the affected utility. This mitigation would apply to electricity,
phone, cable TV, gas, and water utilities.
4.3.2 AGRICULTURE
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to agricultural resources.
4.3.3 AIR QUALITY
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) and Section 4.3 (Air
Quality) of the EIR, the City Place Sky Lofts project will not result in significant adverse impacts related to
odors.
Based on the analysis in Section 4.3 (Air Quality) in the EIR, the project will comply with regional plans and
will not exceed AQMD thresholds for nitrogen dioxide (NOZ), carbon monoxide (CO) sulfur oxides (SOx),
particulate matter (PM ~o), and fine particulates (PMzs) during construction or operation.
A significant impact determination associated with global climate change of the proposed project was
determined to be speculative because no adopted thresholds of significance currently exist for measuring
the impact of global climate change on or from a project. However, mitigation measures AQ-7, AQ-8,
AQ-9 and AQ-10, provided below, have been included to reduce project emissions that could contribute
to global warming.
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AQ-7 All appliances installed as part of the project shall be energy efficient appliances (i.e.,
washer/dryers, refrigerators, stoves, etc.).
AQ-8 The project applicant will install ozone destruction catalysts on all air conditioning units.
AQ-9 The proposed. project will not include wood burning fireplaces.
AQ-10 The project will exceed by 20% requirements of the Energy Efficiency Standards of
Title 24 of the California Code of Regulations. Prior to approval of a building permit the
project applicant will provide documentation to the City Building Official of compliance
with this measure.
4.3.4 BIOLOGICAL RESOURCES
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to biological resources,
threatened and endangered species, wetlands, local policies or ordinances protecting biological resources, or
habitat conservation plans.
4.3.5 CULTURAL RESOURCES
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result insignificant adverse impacts related to historic resources.
4.3.6 GEOLOGY
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to rupture of a known earthquake
fault, landslides, or the use of septic tanks or alternative wastewater disposal systems.
As discussed in Section 4.5 (Geology and Soils) of the EIR, impacts of the City Place Sky Lofts project
related to the seismic hazards of liquefaction, landslides, lateral spreading, and expansive soils would be less
than significant.
4.3.7 HAZARDS AND HAZARDOUS MATERIALS
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the
City Place Sky Lofts project will not result in significant adverse impacts related to transport or disposal
of hazardous materials, documented hazardous materials or hazardous substances sites, use or emission of
hazardous materials within one-quarter mile of existing schools, use of hazardous materials during
construction and operations, or exposure of people to wildland fires.
As discussed in Section 4.6 (Hazards and Hazardous Materials) in the EIR, the jet fuel line that runs along
the south side of Memory Lane, approximately one-half block south of the project site, would not result in
a significant adverse impact related to hazards or hazardous materials.
As discussed in Section 4.6 (Hazards and Hazardous Materials) in the EIR, the City of Santa Ana has no
adopted emergency evacuation plans. Therefore, impacts related to emergency response plans would be
less than significant.
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4.3.8 HYDROLOGY AND WATER QUALITY
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to groundwater recharge and
natural water bodies, or exposure to flood risk. There would be no impact related to placement of housing or
structures within the 100-year floodplain, or inundation by seiche, tsunami, or mudflow.
The Hydrology Report provided in Appendix F of the Draft EIR identified that existing off-site drainage
facilities would have adequate capacity to accommodate storm water runoff generated from
implementation of the proposed project. Therefore, impacts related to on- or ofl=site flooding and
capacity of existing storm water drainage systems related to implementation of the proposed project
would be less than significant. However, mitigation measures W-1 and W-2 would ensure that planned
drainage facilities would be approved by the City and installed prior to issuance of permits.
W-1 Prior to issuance of grading permits, the applicant shall submit a Final drainage plan
identifying the exact size and location of drainage facilities.
W-2 The applicant shall construct facilities on the project site to transport storm water from
the site to the City's/County's drainage facilities. All such facilities will be subject to the
review and approval of the City Engineer and shall be installed prior to the issuance of
permits.
4.3.9 LAND USE AND PLANNING
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to division of an established
community or conflict with a habitat conservation plan or natural community conservation plan.
As described in Section 4.8 (Land Use and Planning) of the EIR, impacts of the proposed project related
to land use plans and policies would be less than significant.
4.3.10 MINERAL RESOURCES
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) in the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to mineral resources. No
mitigation is required.
4.3.11 NOISE
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not expose people residing or working in the project area to excessive noise
levels. According to the Orange County AELUP for John Wayne Airport, the project site is not impacted by
aircraft noise that would exceed State or local noise standards.
4.3.12 POPULATION AND HOUSING
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to the displacement of existing
residential uses or people.
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As discussed in Section 4.10 (Population and Housing) of the EIR, direct and indirect impacts related to
population growth associated with implementation of the project would be less than significant.
4.3.13 PUBLIC SERVICES
As discussed in Section 4.11 (Public Services) of the EIR, impacts related to public services associated
with implementation of the proposed project would be less than significant. However, mitigation
measure P-1 is included to ensure that coordination with the Santa Ana Police Department is maintained
and security measures are incorporated into the project design and construction. Mitigation measure P-2
is included to ensure the timing of payment of school fees.
P-1 Prior to the issuance of permits, the applicant shall coordinate with the City Police
Department to prepare a Security Plan for the residential components of the project. This
Plan shall be subject to the review and approval of the Police Department. The Plan shall
address concerns related to visibility and adequate emergency access. Recommendations
resulting from the project review by the City Police Department would be incorporated
into the project.
P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment
of development fees to Orange Unified School District.
4.3.14 TRANSPORTATION AND TRAFFIC
Based on the analysis summarized in Section 3.0 (Impacts Found Not to be Significant) of the EIR, the City
Place Sky Lofts project will not result in significant adverse impacts related to air traffic patterns or air traffic
levels that would result in an increase in safety risks. Aviation requirements are described under
Section 4.2.6 of this Findings and Facts Report.
As described in Section 4.13 (Transportation and Traffic) of the EIR, implementation of the proposed
project would not create a significant adverse parking impact if the proposed project were to provide five
additional handicapped parking spaces in the tenant parking lot. However, the current SD-59 would be
amended to incorporate an updated parking requirement that would reflect the proposed project parking
ratios.
4.3.15 UTILITIES AND SERVICE SYSTEMS
As described in Section 4.14 (Utilities and Service Systems) of the EIR, the City Place Sky Lofts project
will result in increased demand for electricity, natural gas, communications systems, and domestic water,
and will result in increased generation of waste water and solid waste, compared to existing conditions on
the project site. This increased demand/generation will be within the capability of the individual utility
providers. Although there are no significant adverse impacts to utilities and service systems, the
following mitigation measures are included to ensure that coordination with public utility providers are
maintained.
U-1 The applicant shall coordinate with the utility companies serving the site to establish
service connections prior to construction.
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U-2 Any pre-existing underground utilities at the site shall be located prior to construction
and abandoned or removed in accordance with state and local codes and regulations.
Any utility trenches shall be backfilled under the observation and testing of the resident
engineer or inspector.
U-3 The applicant shall pay its fair share of necessary telephone improvements including a
main conduit structure to bring lines into the project site. Coordination with AT&T
and/or Time Warner during the development stage would facilitate service connection.
5.0 MITIGATION MONITORING AND REPORTING PROGRAM
When making Findings, CEQA requires that a lead agency must adopt a reporting or monitoring program
for the changes to the project that it has adopted or made a condition of project approval in order to ensure
compliance during project implementation. The MMRP for the City Place Sky Lofts project,
accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in
the Final EIR. The MMRP requires the City to monitor mitigation measures designed to reduce or
eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce
environmental impacts that are less than significant. The MMRP includes all mitigation measures
identified in the Final EIR and has been designed to ensure compliance during implementation of the
project.
The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation
measures identified in the Final EIR and the MMRP. The City adopts the MMRP for the City Place Sky
Lofts project. The MMRP designates responsibility and the anticipated timing for the implementation of
mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMRP is
hereby adopted and its implementation is made a condition of approval of the City Place Sky Lofts
project.
The City approves and will implement all the mitigation measures in the Final EIR.
6.0 ALTERNATIVES
An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate
a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of
every possible alternative or options or combination of options would overburden the EIR with an
unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide
meaningful information for the City to consider in its review of the project. To develop alternatives that
are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project
alternatives were evaluated to determine the extent to which they meet the basic project objectives, while
avoiding or substantially lessening any significant adverse impacts of the proposed project.
The City of Santa Ana selected the alternatives discussed below for a variety of reasons. The goal for
evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts of the
proposed project.
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6.1 ALTERNATIVES CONSIDERED BUT REJECTED
6.1.1 ALTERNATIVE SITE FOR THE PROPOSED PROJECT
The EIR does not analyze an alternative site for the City Place Sky Lofts project because the applicant
does not own or control another suitable property in the City of Santa Ana. The City Place Sky Lofts
project would generate approximately the same traffic and air quality emissions at any other location in
the City, to the same or greater extent than at the proposed site. Therefore, locating the City Place Sky
Lofts project at another site in the City would essentially shift the project's adverse impacts to that other
location, but would not be expected to avoid or substantially reduce those impacts. However, it should be
noted that the traffic impacts which occur in the City of Orange under the City Place Sky Lofts project
could possibly be located to an area entirely within the City of Santa Ana if an alternative project site
were considered, but the level of impact would remain comparable. As a result, an alternative site for the
proposed project was not evaluated in the Draft EIR.
6.2 NO PROJECT ALTERNATIVES
6.2.1 NO PROJECT/EXISTING CONDITIONS ALTERNATIVE
This No Project Alternative assumes that the existing 2.008-acre project site remains as is and that no
development occurs on the site. With this Alternative, the site would remain vacant and no residential or
commercial uses would be developed. Table 9-1 from the Draft EIR, on the following page, indicates that
the No Project/Existing Conditions Alternative would not meet any of the objectives for the City Place
Sky Lofts project.
6.2.2 NO PROJECT/EXISTING ENTITLEMENT ALTERNATIVE
This No Project Alternative assumes that the 2.008-acre project site would be developed consistent with the
existing approved entitlements for the project site per SD-59. The existing entitlements would allow for one
dwelling unit per acre. This No Project Alternative would result in two additional housing units and would
result in a substantially lower land use density on the project site than the proposed project that consists of
353 residential dwelling units. However, this No Project Alternative would not meet the objectives for the
City Place Sky Lofts project.
6.3 TOWN HOME ALTERNATIVE
The Town Home Alternative consists of 57 town homes on the project site. This alternative is the same
design as proposed for the site in the original City Place project in 2004. However, only two dwelling
units were entitled for the site. This Alternative would reduce the development on the project site
by 296 residential dwelling units compared to the City Place Sky Lofts project. This Town Home
Alternative would meet all but one of the project objectives. This Alternative would provide 296 fewer
dwelling units than the proposed project, and therefore would not meet the project objective to maximize
residential density on the site.
6.4 COMPARISON OF IMPACTS
Table 9-1 in the EIR, provided below, compares the unavoidable adverse impacts of the City Place Sky Lofts
project and the No Project/Existing Conditions, No Project/Existing Entitlement and Town Home
Alternatives.
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TABLE 9-I
COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT
AND THE PROJECT ALTERNATIVES
IMPACT PROPOSED CITY NO PROJECT/ NO PROJECT/ TOWN HOME
CATEGORY PLACE SKY LOFTS EXISTING EXISTING ALTERNATIVE
PROJECT CONDITIONS ENTITLEMENT
Aesthetics Significant adverse No impact. Impacts to aesthetics Impacts to
impact due to building would be below a aesthetics would be
shadow upon residential level of significance below a level of
uses east of Lawson and would be significance and
Way and southeast of substantially less than would be less than
Memory Lane during the proposed project. the proposed
late afternoon and early project.
evening of spring and
summer months.
Air Quality Unavoidable adverse No impact. Impacts to air quality Impacts to air
impact of ROG would be below a quality would be
emissions during the level of significance below a level of
proposed project and would be significance and
operational phase. substantially less than would be less than
the proposed project. the proposed
project.
Cultural Impacts to cultural No impact. Impacts to cultural Similar as under the
Resources resources would be resources would be proposed project;
below a level of below a level of however, the
significance with significance with potential for
implementation of mitigation. However, encountering
mitigation measures. impacts would be less subsurface materials
than the proposed would be less than
project. the proposed
roject.
Geology and Impacts to geology and No impact. Impacts to geology Similar impacts as
Soils soils would be below a and soils would be under the proposed
level of significance below a level of project; however,
with implementation of significance with impacts would be
mitigation measures. mitigation. However, less than the
the potential for proposed project.
differential settlement
would be less than the
proposed project.
Hazardous The potential impacts of No impact. The potential impacts Similar impacts as
Materials the proposed project related to the under the proposed
related to the abandoned jet fuel project.
abandoned jet fuel line line would be below a
would be below a level level of significance
of significance. and would be the
same as the proposed
project.
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City Place Sky Lofts Final Environmental Impact Report Findings
TABLE 9-1
COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT
AND THE PROJECT ALTERNATIVES
IMPACT PROPOSED CITY NO PROJECT/ NO PROJECT/ TOWN HOME
CATEGORY PLACE SKY LOFTS EXISTING EXISTING ALTERNATIVE
PROJECT CONDITIONS ENTITLEMENT
Hydrology and Impacts to hydrology No impact. Impacts to hydrology Similar impacts as
Water Quality and water quality would and water quality under the proposed
be below a level of would be below a project; however,
significance with level of significance impacts would be
implementation of with implementation less than the
mitigation measures. of mitigation and proposed project.
would be the same as
the proposed project.
Land Use Impacts related to land No impact. Impacts related to Impacts related to
use would be below a land use would be land use would be
level of significance. below a level of below a level of
significance and significance and
would be similar to would be similar to
the proposed project. the proposed
project.
Noise Impacts related to noise No impact. Impacts related to Similar impacts as
would be below a level noise would be below under the proposed
of significance with a level of significance project; however,
implementation of with implementation impacts would be
mitigation measures. of mitigation less than the
measures and would proposed project.
be substantially less
than the proposed
project.
Population and [mpacts related to No impact. Impacts related to ~ Similar impacts as
Housing population and housing population and under the proposed
would be below a level housing would be project; however,
of significance. below a level of impacts would be
significance and less than the
would be proposed project.
substantially less than
the proposed project.
Public Services Impacts to public No impact. Impacts related to Similar impacts as
services would be public services would under the proposed
below a level of be below a level of project; however,
significance. significance and impacts would be
would be less than the
substantially less than proposed project.
the proposed project.
Recreation Impacts to recreation No impact. Impacts related to Similar impacts as
would be below a level public services would under the proposed
of significance with be below a level of project; however,
implementation of significance with impacts would be
mitigation measures. mitigation and would less than the
be substantially less proposed project.
than the proposed
project.
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City Place Slry Lofts Final Environmentallmpact Report Findings
TABLE 9-I
COMPARISON OF THE IMPACTS OF THE CITY PLACE SKY LOFTS PROJECT
AND THE PROJECT ALTERNATIVES
IMPACT
CATEGORY PROPOSED CITY
PLACE SKY LOFTS
PROJECT NO PROJECT/
EXISTING
CONDITIONS NO PROJECT/
EXISTING
ENTITLEMENT TOWN HOME
ALTERNATIVE
Transportation A temporary significant No impact. Potential short-term Impacts to
and Traffic and unavoidable impacts to transportation and
adverse impact to Main transportation and traffic would be
Street between La Veta traffic would be below a level of
Avenue and Town & below a level of significance and
Country Road until significance and would be less than
Bristol Street and Grand would be the proposed
Avenue is built out to substantially less than project.
the MPAH the proposed project.
designations. Other
impacts to
transportation and
traffic would be below a
level of significance
with implementation of
miti ation measures.
Utilities and Impacts to utilities and No Impact. Impacts related to Similar impacts as
Service service systems would utilities and service under the proposed
Systems be below a level of systems would be project; however,
significance with below a level of impacts would be
implementation of significance and less than the
mitigation measures. would be proposed project.
substantially less than
the ro osed roject.
The proposed project meets all the defined project objectives. The Town Home Alternative meets all but
one of the project objectives. Both the No Project Alternatives fail to meet any of the defined project
objectives. However, the No Project/Existing Conditions Alternative does avoid all the significant
adverse impacts of the proposed project and other project alternatives because site conditions would
remain as they currently exist.
Although the No Project/Existing Entitlements Alternative fails to meet any of the defined project
objectives, the impacts of this Alternative would be substantially less than the impacts under the proposed
project. This is because this Alternative would result in a substantial reduction of development on the
project site. Therefore, this Alternative would eliminate the significant unavoidable adverse impacts
associated with the proposed project and would result in substantially less impacts than under the
proposed project.
6.5 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
Section 15126.6(e)(2) of the CEQA Guidelines requires that an EIR identify the environmentally superior
alternative. If the No Project Alternative is the environmentally superior alternative, the EIR must
identify an environmentally superior alternative among the remaining alternatives.
As shown in Table 9-l, the proposed project is anticipated to result in significant unavoidable adverse
impacts related to:
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• Aesthetics
• Air Quality
• Traffic
The No Project/Existing Conditions Alternative is not anticipated to result in any significant unavoidable
adverse impacts because it does not propose any development on the project site.
The No Project/Existing Entitlement Alternative is not anticipated to result in any significant unavoidable
adverse impacts, and impacts would be substantially less than under the proposed project because of the
substantially reduced amount of development on the project site under this Alternative.
The Town Home Alternative would result in less-than-significant impacts except for potential short-term
traffic impacts. All impacts of the Town Home Alternative would be less than under the proposed project
because this Alternative would result in less intense development on the project site.
As shown in Table 9-l, because the No Project/Existing Conditions Alternative and No Project/Existing
Entitlement Alternative do not result in any significant unavoidable adverse impacts and would result in
even less impacts than the Town Home Alternative, they are the environmentally superior alternatives.
CEQA requires the identification of an additional feasible environmentally superior alternative when the
No Project Alternative is determined to be the environmentally superior alternative. Many of the
environmental impacts of the proposed project and the project Alternatives are directly related to the size
or intensity of the development and, in general, projects of higher intensity will generally result in more
adverse impacts compared to alternatives of a lower intensity. As shown in Table 9-1, the Town Home
Alternative would result in fewer significant unavoidable adverse impacts than the proposed project.
Therefore, of the build alternatives, the Town Home Alternative is the environmentally superior
alternative.
7.0 STATEMENT OF OVERRIDING CONSIDERATIONS
The City of Santa Ana has balanced the benefits of the City Place Sky Lofts project against its ~mavoidable
adverse environmental impacts in determining that the specific economic, legal, social, technological, and/or
other benefits outweigh the unavoidable significant adverse envirommental impacts of the project. Section
15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the
occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially
mitigated, the agency must state in writing the reasons to support its actions based on the Final EIR and/or
other information in the record. The reasons set forth below are based on the Final EIR and other information
in the record.
Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that
the benefits of the City Place Sky Lofts project outweigh its unavoidable adverse environmental impacts and,
furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of
the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis
for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of
the project despite the occurrence of significant unavoidable adverse impacts related to aesthetics, air quality,
and traffic are:
1. The project would allow the City to achieve the objectives and to avoid or minimize significant adverse
environmental impacts to the extent feasible. The project will:
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City Place Sky Lofts Final Environmental
Findings
• Develop the City Place as a commercial and residential center that provides entertainment,
shopping, dining, and living opportunities for the residents of Santa Ana and surrounding area,
and that maximizes the advantages of the site location on Main Street in terms of its visibility and
proximity to SR 22.
• Develop the vacant project site with land uses to help meet the residential needs in the
northeastern part of the City of Santa Ana.
• Provide development that is consistent with the District Center designation of the General Plan
and which contributes to the continued revitalization of the northeastern area of the City of Santa
Ana.
• Provide concentrated and internally integrated development rather than development that spreads
activities into adjacent residential neighborhoods. Introduce a mixture of multi-family housing
types to the district.
• Maximize the residential density of the vacant site in City Place to support the purpose of the
General Plan designation of District Center, which is intended for high intensity development.
2. The project would be consistent with existing development in the area which reflects an urban
environment preserving the aesthetic qualities of the City and helping to make the area a source of pride
to people living and working in Santa Ana and for visitors to the City.
3. Furthermore, there are no alternative sites in the City that are suitable for this project, as described in the
Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or
eliminate the significant unavoidable adverse impacts of the proposed project related to aesthetics, air
quality, and traffic.
For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the
unavoidable adverse impacts of the City Place Sky Lofts project related to aesthetics, air quality, and traffic
are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse
environmental impacts.
8.0 RECORD OF PROCEEDINGS
Various documents and other materials constitute the record of proceedings on which the City of Santa Ana
bases its Findings and decisions contained herein. Most documents related to this Final E[R are located at the
City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702.
Some documents included in the record of proceedings may also be located at the offices of consultants
retained by the City for this project.
9.0 SUMMARY
1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has
made one or more of the following Findings with respect to each significant adverse impact of the
proposed project, as identified in the Final EIR:
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Findings
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
• Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by such other agency.
2. Based on the Findings stated herein and information contained in the record, it is hereby determined that:
a. All significant adverse impacts on the environment due to the approval of the project have been
eliminated or substantially lessened. where feasible.
b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due
to the factors described in the Statement of Overriding Considerations in Section 7.0, above.
10.0 APPROVALS
The City hereby takes the following actions:
1. The City has certified the Final EIR for the project, as described in Section 1.0, above.
2. The City hereby adopts, incorporates into the project, and makes a condition of the project approval, all
mitigation measures in the Final EIR, and as discussed in Section 2.0 (Findings) above and Section 4.0
(Project Impacts and Disposition of Related Mitigation Measures in the Final EIR) above.
3. The City hereby adopts the Mitigation Monitoring and Reporting Program, accompanying the Final EIR
and discussed in the Section 5.0 (Mitigation Monitoring and Reporting Program) above.
4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of
Overriding Considerations.
5. Having certified the Final E1R, independently reviewed and analyzed the Final EIR, incorporated
mitigations into the project as conditions of project approval, and adopted the Findings (including the
Statement of Overriding Considerations set forth herein), the City hereby approves the City Place Sky
Lofts project, as described in the Final EIR, including the site approval and design.
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ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT
DISTRICT (SD-59)
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. Applicant is requesting approval of various entitlements in order to construct
Sky Lofts, the final portion of the City Place Development located at 301
East Jeanette Lane. The Sky Lofts proposed project consists of a high rise
tower, stacked townhomes and a parking structure on an approximately two
acre site. The residential segment will provide 333 condominium units within
the tower and 20 stacked townhouses wrapping one-side of the 729-space
parking garage.
B. After continuing the matter following a noticed public hearing, at its regular
meeting of January 12, 2009, the Planning Commission voted by a vote of
vote of 5:1:1 (Yrarrazaval opposed, Turner abstained) to recommend that
the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report (EIR)
No. 2007-02.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2008-04.
3. Adopt a resolution approving an amendment to Development
Agreement No. 2004-04.
4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as
conditioned.
5. Adopt a resolution approving Vesting Tentative Tract Map
No. 2008-04 (County Map No. 17242) as conditioned.
6. Adopt a resolution approving Site Plan Review No. 2008-05.
C. The City Council of the City of Santa Ana held a duly noticed public hearing
on the abovesaid actions for Sky Lofts proposed project at City Place
Development on February 2, 2008, and at that time considered all testimony,
written and oral.
D. Amendment Application No. 2008-04 has been filed with the City of Santa
Ana to amend Specific Development Plan No. 59 (SD-59).
75A-144
Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set
forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein.
(ZOA 2008-04). Additions from the current SD-59 are shown on Exhibit A as underlined
and deletions as strikeout.
Section 3. This ordinance shall not be effective unless and until Resolution
No. 2008-XXX and Resolution No. 2008-X;XX become effective. If said 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. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
75A-145
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-XXXX 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
75A-146
APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41, Division
26, of the Santa Ana Municipal Code, is specifically subject to the regulations
contained in this ordinance for the express purpose of establishing use district
regulations. All other applicable chapters, articles and sections of the Santa Ana
Municipal Code shall apply unless expressly waived or superseded by this
ordinance. Use district regulations established in Chapter 41, Article III, of the
Santa Ana Municipal Code for zoning districts other than the SD zoning district
may be incorporated herein by reference.
PURPOSE
The Specific Development No. 59 (SD-59) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare of the City by encouraging the use of innovative planning concepts and
principles and promoting and enhancing the value of properties and encourage
orderly development.
The SD-59 regulations will establish a professional district that will entitle 57,700
square feet of commercial space at the northeast corner of Main Street and
Memory Lane with -I-B~ 540 for sale residential units further to Lawson Way.
This area will be a mixed use district with eating establishments, support services
and a residential component consisting of live-work1 a~ townhouse units and
high rise tower.
EXHIBIT A
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75A-147
PART I. GOALS, OBJECTIVES AND POLICIES
City Place Specific Development District is located within the northern area of the
City. The City Place Specific Development District encompasses a large vacant
property bounded by Main Street to the west, Memory Lane to the south, Lawson
Way to the east and the City boundaries to the north. A regional mall,
professional offices, a senior care facility and Santiago Park surround the project
site.
The City Place Specific Development District maintains a commercial corridor
along Main Street while introducing a residential character along the eastern
portion of the district, with a mixture of live-work1 townhome lags and
high rise tower. The City Place mixed-use project is intended to be an addition to
the commercial corridor and an infusion of housing to the district along the north
Main Street section of the City. In addition, the mixed use plan for this site will
result in the project becoming a node, or place of activity. The objectives of the
City Place Specific Development Plan includes the provision of the following:
A long-term development that is of the highest architectural quality
and design;
2. A landscaping plan that is complementary to a large scale mixed
use development;
An exciting and visually cohesive development as viewed both
internally and externally;
4. A bold but integrated sign program suitable for a mixed use project
of this scale and scope;
5. A development that is consistent with the District Center
designation of the General Plan and which implements the spirit
and intent and policies of the General Plan;
6. Concentrated and internally integrated development rather than
development that spreads activities into adjacent residential
neighborhoods;
7. A development that provides special design themes which are
expressed in building appearance and configuration, street and
pedestrian area design, landscaping, lighting and signage, and also
provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in
architectural scale and character;
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75A-148
Provision of off-street parking sufficient to service the
development, consistent with the mix of uses contained in the
project;
9. Provision or replacement of public streets, sidewalks, sewers,
storm drains, traffic signals, lighting systems, and other public
facilities and improvements, as necessary; i
10. Opportunities for cultural amenities and facilities serving the visual
and performing arts which are open for public patronage-;,
11. A landmark mixed-use project along north Main Street across from
Main Place Mall.-=
12. Maintain the existing streetscape pattern including sidewalk
design, mature trees and light fixtures-2
13. Introduce a mixture ofmulti-family housing types to the district.-;
14. Provide amixed-use project in scale and character with established
commercial and residential structures along the north end of the
district-; and
15. Enhance the pedestrian experience through the development of
new plaza areas and water features throughout the project as well
as the intersection of Main Street and Memory Lane.
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75A-149
PART II. PERMITTED LAND USES
The categories of land uses to be included within the project area are: banks and
similar financial institutions, retail and restaurants. In addition multi-family
residential uses (excluding live-work units) are permitted. If a use is for any
reason omitted from those specified as permissible or if ambiguity arises
concerning the approximate classification of a particular use within the meaning
and intent of this Plan, the determination shall be at the discretion of the Planning
Manager. Such decision may be appealed to the Planning Commission whose
decision is final.
Permitted Uses.
a. Within Buildings A, B, C and D (as identified on site plan), the
following uses are permitted:
b. Retail sales uses including but not limited to clothing stores or
boutiques; florists; news-stands; pet stores; photography studios;
video stores; office and computer equipment book and stationery
store; camera shop; shoe store sporting goods store; art gallery;
craft store; cultural displays and related merchandising; bicycle
store; pharmacies and drug stores; fabric shops; jewelry shops;
furriers, design and furniture centers; cookware and gourmet
specialty shop; office furniture store.
Full service cafes and restaurants which may include incidental
take out service. Full service cafes and restaurants shall be limited
to those that provide sit-down dining areas and exclusive table
service for ordering and delivering meals and beverages.
d. Day care facilities
e. Museums and libraries
f. Theaters
g. Within Building E, as identified on site plan:
Retail use with a minimum of 25,000 square feet.
h. Within the Courtyards and The Park, as identified on site plan:
i. Multiple family residences as condominiums.
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75A-150
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, Jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within The Lofts, as identified on site plan:
i. Permitted uses as identified in Section A. 1-5, 8, 9 and 11.
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, Jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within Lot 1, as identified on Vesting Tract Map No. 2004-06
(County No. 16565):
i. Single family residences at a maximum density of one unit
per acre.
k. Ancillary uses to commercial area:
A maximum of five permanent outdoor sales kiosks or
carts. The size and location of each Kiosk or cart shall be
approved on a masterplan of such uses by the Planning
Commission prior to their construction or installation.
2. Conditionally Permitted Uses
The following uses are permitted upon the approval of a conditional use
permit in accordance with the Santa Ana Municipal code:
a. Within Buildings A, B, C and D (as identified on site plan):
i. Uses open between midnight to 5:00 a.m.
ii. Banquet facilities, subject to development and operational
standards set forth in 41-199.1.
iii. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally
permitted use, except adult entertainment businesses.
iv. Establishments selling or serving alcoholic beverages.
v. Coffee houses houses or similar uses not specifically listed
in Part II, Section l .d. of this ordinance.
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75A-151
vi. Parking structures
b. Within The Lofts, as identified on site plan:
i. Live-work communities
ii. Ceramic and pottery studios
iii. Glass blowing and sculpturing studios
iv. Coffee houses
v. Temporary residential model complex and office
c. Within The Courtyards and The Park, as identified on site plan:
i. Temporary residential model complex and office
d. Within Lot 1, as identified on Vesting Tract Map No. 2008-04
(County No. 17242
i. High rise residential condominiums to a maximum of 333
dwellin units.
ii. Stacked townhomes condominiums to a maximum of 20
dwellin units.
de. Within Building E, as identified on site plan:
i. Retail grocery markets which are open at any time between
the hours of midnight and 5:00 a.m.
e_f. Within the commercial component area:
i. Certified Farmers Market for the sale of vegetables, fruits
and other agricultural products on weekends and holidays
only from 6 a.m. to 2 p.m.
ii. Community oriented live performance theater.
3. Uses Not Permitted
a. Schools, private or public.
b. Medical office or clinics.
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75A-152
c. Commercial uses with vehicular dive-through lanes or windows
(i.e. drive-through restaurants, pharmacy or similar uses) are
prohibited.
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or conditionally permitted in
this ordinance
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75A-153
PART III. DEVELOPMENT STANDARDS
The City Place Specific Development District is intended to allow the development
of a mixed-use project maintaining a commercial presence along Main Street, while
introducing a mixture of multiple family housing to the eastern portion of the
development site. The following general development standards are applicable to
this project:
A. Floor Area Ratio/Density.
The following sets forth the maximum allowable floor areas for the
various permitted use classifications of the project. The overall Floor
Area Ratio ("FAR") of the Main Street Concourse project of
approximately 2.54. This FAR represents the maximum intensity of
development for the site.
Floor Area Ratio (F.A.R.)
The maximum floor area ratio for the project site shall be 2.54. The
FAR is calculated by dividing the total square footage of the
structures by the total square footage of the project site. Consistent
with the General Plan, parking structures are not included in the FAR
calculation.
2. Parcel Size
The City Place development project site is 17.7 acres. Subdivision of
the parcel shall be consistent with Vesting Tract Map No. 2004-06
(County No. 16565). In no case shall commercial buildable parcels be
less than 6 acres in size and residential buildable parcels be less than 2
acres in size.
3. Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
A. As a mixed-use development, the Specific Development
standards recognize the opportunity to share parking
amongst the mixture of commercial uses. In addition the
SD 59 acknowledges that the mix and proximity of
residential units and commercial space allows for the
opportunity for a variety of transportation modes, primarily
walking as an alternative. As such, the following parking is
required:
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75A-154
a. Parking has been calculated utilizing the Urban
Land Institute methodology for shared parking. As
such, the following square footage can be utilized
within the commercial area of the City Place
development project:
i. For the first 23,300 square feet of restaurant,
33,800 square feet of retail, the parking
requirement shall be 410 parking spaces.
ii. Any additional development above item
4A.a. i. shall be parked pursuant to the
City's parking standards then in effect.
b. Residential High Rise Parkin
i. One, two and three bedroom units shall
provide two parking_spaces per unit.
ii. Studio units shall provide one parking space
er unit.
iii. In addition to items 4.b.i and ii 70 parking
spaces or an additional 10.5% whichever is
greater shall be provided.
hc. Parking Setbacks
Internal Loop Road:
The minimum required setback for the
parking area is 15 feet as measured from edge
of sidewalk.
sd. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
de. Landscaping:
Landscaping throughout the project shall be
in compliance with the landscape plan
attached.
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75A-155
ii. The landscape plan shall be fully
implemented prior to the issuance of any
certificate of occupancy.
5. Open Space
a. A minimum ground level open space shall be provided at a
minimum rate of 60 square feet per unit. This ground level
open space shall be centrally located on the site to provide
access to all units.
Private open space shall be provided at a minimum rate of 50
square feet per unit.
b. For a high rise tower, common open space with a minimum of
35,109 square feet. Such open space shall provide at minimum
the following pool spa fireplace seat walls tables chairs
chaise lounges as well as mature landscaping
6. Signage
a. All Signage shall comply with the Santa Ana Municipal
Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics, shall be submitted to and be
approved by the Planning Division.
7. Plaza and Fountain Design
a. The overall plaza design theme shall incorporate a
minimum of 6 major pedestrian-level water features within
the commercial component and 7 pedestrian level water
features elements within the residential component.
b. The plaza landscape palette must include a minimum of
four (4) tree species, to be approved by the Landscape
Development Associate prior to the issuance of any
building permit. The minimum established size for palm
trees shall be 30 feet brown trunk height. Non-palm tree
species shall be a minimum of 20 feet in height and 60-inch
box.
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75A-156
Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved
by the Planning Commission ^ ^+oa ~ ~~+i,;,, r+^.,., c ^ ,.~
+i.: ~ a,,,. .,+
d. Plazas shall incorporate seating, benches and landscaping
to provide visual interest and additional amenities within
the plaza.
Pedestrian amenities shall be provided such as lighting,
planters, unit pavers, and bicycle racks.
f. The color and appearance of the plaza furniture products
and other elements must complement the overall plaza
design and building architecture.
g. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and
weather.
h. Trash receptacles should be located in high-activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other project furnishings.
i. Bike racks shall be provided at key activity locations within
the plaza.
All street furniture surfaces, pedestrian-level walls and
amenities shall incorporate graffiti resistant coatings.
k. Soft as well as hard surfaced areas shall be incorporated
into the Plaza area. Plaza area paving shall consist of
quality decorative elements.
1. Lighting height in the plaza area should be at a pedestrian
scale. A range between 16 feet and 22 feet in the plaza area
should be fully illuminated from dusk until dawn. The
overall lighting shall be maintained at one-foot candle and
incorporate other pedestrian-oriented lights, such as lighted
bollards. Uplighting of trees and other site features is also
required.
m. The required plaza area shall include adequate provisions
for the on-going maintenance of all plaza and pedestrian
improvements.
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75A-157
n. Plans shall include design details, materials and provisions
for the on-going maintenance for all interior public areas
within the plaza area.
8. Public Art
a. Public art valued at one half of one percent of the overall
project construction valuation is required. The cost of any
water feature or portion thereof shall not be included for
purposes of complying with the public art requirement.
Public art may be comprised of multiple art pieces,
however, at least one such art piece shall be placed at the
northeast corner of the project site adjacent to Main Street
and Memory Lane. The public art should invite
participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history,
and/or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes
specific pieces of art for specific locations or applications,
shall be submitted to the Planning Commission for review
and approval prior to issuance of any certificate of
occupancy. All public art approved by the Planning
Commission in the Public Art Plan shall be completely
installed prior to the issuance of any certificates of
occupancy for the project.
b. Art should be sited to complement features such as plaza or
architectural components so that the art is an integral part
of the development site.
c. Public art should be constructed using durable materials
and finishes including but not limited to stone or metal.
d. No art piece provided pursuant to the public art
requirement shall include advertising of any type, including
but not limited to products, services or businesses.
e. All public art provided pursuant to the public art
requirement shall be properly maintained at all times, be
free of any graffiti and shall not incorporate any flashing or
distracting form of illumination.
f. All art pieces approved and installed pursuant to the Public
Art Plan shall remain on the project site and may not be
removed without the approval of the Planning Commission.
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75A-158
B. CC&Rs.
Reciprocal easements and Conditions, Covenants, and Restrictions
(CC&RS) tying the overall project together as an integrated development
and providing for joint access, ingress, egress, drainage, property
maintenance standards, trash pick-up operations, circulation and parking
management shall be recorded with the first final map prior to for the first
phase of development. The residential and non-residential portions may
be described in separate sections but they must be tied together by a single
master document. The Master CC&R's shall address trash and reciprocal
use rights in the residential and commercial components.
C. Building Height.
On any lot or portion of a lot except Lot 1 of Vesting Tentative
Tract Man No. 2008-04 (County Map No 17242) in of the
Specific Development Plan area no building or structure shall
exceed 50 feet in height, as measured from the lowest adjacent
finished grade.
2. On Lot 1 of Vesting Tract Map No. 2008-04 (County_Map No
17242) no building or structure shall exceed 366 feet in hei ht as
measured from the lowest adjacent grade.
D. Setbacks.
Setbacks at ground level are established to enhance pedestrian
space throughout the district, create compatible relationships
between existing and future building street elevations and
recognize opportunities to create new open space resources, such as
plazas, pedestrian ways and landscaped areas.
Except as otherwise indicated, all setbacks shall be measured from
the street side property line to the first building element or
structure. No building, structure, or parking facility shall encroach
into any required perimeter setback either at or below grade. For
the purpose of this Plan, a street side property line is that line
created by the ultimate right-of--way line of the adjoining public
street. Minimum setbacks are as follows:
a. Main Street (perimeter): The average building setback
shall be 19.5 feet. The minimum setback shall be 8 feet.
This setback area may include hardscape as shown on the
approved site plan.
b. Lawson Way (perimeter): The average building setback
shall be 18 feet. The minimum setback shall be 7 feet.
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75A-159
c. Memory Lane (perimeter): The average building setback
shall be 11 feet 8 inches. The minimum setback shall be 3
feet 4 inches. Hardscape, landscape and water features
shall be provided in the required setback as shown on the
approved site plan.
d. Cit P~ ~ Drive (interior street set backs): The
minimum setback shall be 15 feet measured from street
curb.
e. Jeanette Lane (interior street setback): The minimum
setback shall be 13 feet measured from street curb.
2. Required on-site perimeter landscaped setbacks shall not exceed an
aggregate 33% slope.
Within the interior of the project, retail canopies may project five
(5) feet into setback area.
E. Site Coverage And Open Space.
For purposes of this Section ~, open space shall not include private
streets or driveways, roadways or parking stalls. Open space does
include landscaping, walkways, and covered arcades.
2. Residential open space may be private common area or private
yard but shall in no event include any space provided in required
setback areas. The CC&Rs shall require that all residents be
allowed access to all residential common areas in the project,
subject to reasonable restrictions as may be imposed for security
and safety by property management. No required setback area
shall be calculated as required open space.
Individual parcels or lots will not be limited in site coverage. Each
parcel shall have a minimum 120 feet of street frontage.
4. Single family attached residential shall provide a minimum of 50
square feet of ground level private yard open space per unit, which
open space shall be adjacent to the living, dining or kitchen area of
each unit. Perimeter fence shall be provided and shall not exceed
five feet in height on the exterior and 42 inches on the interior.
Condominium units shall contain a balcony with dimensions not
less than six feet in any direction of private open space area.
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75A-160
6. Pathways from the common area through the private yard open
space shall not be included in the calculation of private open space
area.
F. Parking.
1. Vehicular site access points will be provided from Lawson Way,
Main Street2 ~ Memory Lane and from Jeanette Lane, as
defined on the site plan.
2. There shall be no sharing of residential parking.
3. Parking gate locations and stacking distances shall comply with
applicable Department of Public Works policies.
4. No partitions, walls or other obstructions shall be built or placed
with the garages preventing the spaces from being used by
residents for the parking of vehicles.
Recreational vehicle, boats, trailers or similar storage is prohibited
on-site.
6. The townhouses shall be designed with vertical roll-up garage
doors, where applicable.
7. All paved areas shall be sloped to drain. Finished slope of areas
paved with asphalt concrete (AC) shall be not less than one
percent. Finished slope of areas paved with portland concrete
cement (PCC) shall not be less than one-half of one percent.
Portland Cement concrete gutters shall be installed to receive
drainage from asphalt concrete paved areas; such gutters shall be
not less than three feet in width.
Residential parking is calculated separate from commercial
designated parking and no provision is made for shared parking
consideration.
9. All parking areas shall be surfaced with material so as to provide a
permanent surface capable of withstanding the type of vehicular
traffic to which such an area is likely to be subjected as follows:
a. Covered Parking Areas -Passenger vehicle parking areas
within or under building shall be paved with Portland
Cement Concrete with a minimum compressive strength of
2,000 p.s.i.
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75A-161
b. Open Parking Areas -Parking areas other than those within
a building may be paved with asphalt concrete. Asphalt
concrete pavement shall be a minimum thickness of three
and one-half for passenger vehicle parking areas.
Thickness of asphalt concrete may be reduced to a
minimum thickness of two inches for passenger vehicle
only traffic, provided an approved aggregate base course is
constructed under the asphalt pavement. The minimum
thickness of such base course shall be four inches.
c. Surfacing, Parking or Drive Aisles -All off-street parking,
vehicle maneuvering areas, turn-around areas, driveways,
and private streets, shall be surfaced, and thereafter
maintained with Portland Cement Concrete poured to a
minimum thickness of 5'/2 inches.
10. Paved areas shall be designed to carry surface water to the nearest
practical street, storm drain, or natural watercourse. Concentrated
flows of water from parking areas shall not flow by gravity over
any public property or pedestrian walkway, but shall be collected
in an appropriate manner within the property confines and
conducted under the sidewalk.
11. All parking areas shall be maintained in a safe and sanitary
condition free of dust, mud, or trash, and shall be kept in good
repair. Any alteration, enlargement, maintenance or repairs shall
be pursuant to the aforementioned standards.
12. All parking spaces shall be double striped in a manner clearly
showing the layout of the intended parking stall. Such striping
shall be maintained in a clear, visible and orderly manner.
G. Loading Areas.
1. Entrances and exits to loading facilities should be limited in
number and shall not interfere with the flow of traffic along the
perimeter streets.
2. Loading areas should be located so as to minimize potential for
intrusion into residential portions of the project and adjacent
neighborhoods while allowing for efficient utilization by
commercial users.
Loading areas shall be located and designed to minimize direct
exposure to public view. These areas shall be screened with
landscaping and walls to reduce visual impacts.
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75A-162
4. Loading areas shall be visibly separated from public entrances and
parking areas.
Loading stalls shall be designed to not interfere with circulation or
parking, and to permit trucks to fully maneuver on the property
without backing up from or onto a public street.
6. Loading areas shall be graded to drain surface water to an alley,
street or public storm drain. Surface water shall be conducted
under any intervening public sidewalk by a drain approved by the
Public Works Department and in accordance with a valid NSDES
Permit. Under no circumstances shall surface water be allowed to
collect in pedestrian areas.
7. The surface area used for any loading activity shall be paved with
not less than 4 inches of asphaltic concrete on 8 inches of crushed
rock base, or with 5 '/2 inches of Portland concrete cement. Soil
conditions or the nature of the trucking activity may necessitate
greater requirements as determined by the Division of Building
and Safety and a soils report prepared by a licensed soils engineer.
8. Each loading space aligned with and directly adjacent to a parking
space shall be clearly designated, "LOADING ONLY."
9. At a minimum, separate loading areas shall be designated on the
approved site plan or any modification thereto, for each adjacent
retail shops/restaurants.
10. A loading areas for the project shall be able to accommodate a 55
foot semi-trailer for the Building E.
H. Storage Areas/Mechanical Equipment.
All mechanical equipment shall be screened below parapets and
situated to minimize visual impacts.
2. No outdoor storage shall be permitted.
There shall be no exposed television, ham radio, dish or other
antenna.
Refuse Collection Area.
1. A refuse collection area shall be located at each loading dock per
approved site plan.
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75A-163
2. All outdoor refuse collection areas shall be visually screened from
access streets and adjacent property by a complete opaque screen
or by rolldown screened doors, or by landscaping and fencing.
3. No refuse collection areas shall be permitted between a frontage
street and the building line, unless adequate screening is provided.
4. The commercial and residential uses shall provide a trash pick-up
operation agreement to be included in the CC&R's for the project.
5. Each trash enclosure shall have a minimum of six inch concrete
slab in front of the enclosure that is at least the same dimension as
the trash enclosure.
6. Townhouse unit trash vestibules shall be designed with a hose bib
for washing out the area.
7. All trash enclosures throughout the project shall be designed with
metal doors.
J. Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer
Service.
1. All "on-site" utilities shall be placed underground.
2. Transformers or terminal equipment shall be visually screened
from view from streets and adjacent properties and may be located
in concrete vaults below grade.
3. There shall be no exposed downspouts, scupper drains, electrical
or mechanical limes on the building. All mechanical equipment
shall be screened from view in an architecturally integrated
manner.
4. All residential units shall be separately metered for electrical, gas
and water service.
5. Sanitary sewer, storm drainage and water service shall be designed
as a private system on-site. There shall be private water meters as
outlined in Section 34-313.5 of the Santa Ana Municipal Code.
6. The utility lines in the townhouse drive aisle shall be laid out so as
to not prevent the planting of trees and other landscape material in
the drive aisle area.
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75A-164
K. Maintenance.
The entire project shall be maintained to exceed community standards for
attractive and sanitary conditions. The CC&Rs for the project shall set
forth the maintenance procedures applicable to the project. A
maintenance agreement approved by the Executive Director of Public
Works Agency shall be executed with the City for the maintenance of
special pavement treatment, planting, street lights, etc. in the public right-
of-way and in required easement areas. This agreement shall be executed
with the City prior to recordation of any subdivision map and included or
referenced in the CC&Rs for the project.
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75A-165
PART IV. DESIGN STANDARDS
A. Interior Streets
City Place ~se~~e Drive.
The tone and pedestrian experience of the project will be largely
determined by "Cit P~ lace ~~se~se Drive," a wide interior street
which will curve through the project. Cit,, P~ T''° ~'°~°°~•r~° is
intended to lend a unifying component to the project as well as link
different uses together.
a. Cit P~ ~~se~se Drive will consist of a 34' road bed
with minimum 14 feet walkways on either side covered
arcades may count up to nine rectilinear feet of the
walkway.
b. City Place ~~~ Drive will not be a public street, but
will be open to the public subject to parking management
rules and regulations as approved by the City and contained
in the CC&Rs for the project.
All pedestrian walkways will be separated from the
vehicular areas by curbs and gutters.
d. Handicapped access ramps will be provided per the Code.
e. Cit P~ ~ Drive will be designed to
accommodate fire trucks, semi-trucks, and other service
vehicles.
f. City Place ~~se Drive, including all roadways,
walkways, landscaping, furniture and fixtures will
incorporate high quality materials and enriched paving.
The overall effect should include dramatic lighting of
landscaping, signs and buildings.
g. Street furniture and pedestrian shelters are elements that
would contribute well to the unified street edge. One style
will be used throughout City Place ~~ Drive in
order to create a unique sense of place. Seats, benches,
trash receptacles, bicycle racks, telephones, light fixtures,
potted plants, signage and banners consistent with the
architectural themes and concepts and other miscellaneous
street furniture shall be included in a coordinated manner
throughout the City Place ~~se~se area.
20
75A-166
h. Tree wells shall be a minimum of three feet by three feet
with protective tree grates and collars.
2. Residential Internal Streets.
a. The internal circulation road within the residential
component of the project will have a minimum 22' wide
paved roadbed and a minimum 3 ft. of landscaping on
either side. The road is intended to serve as an internal
road open to residents and their guests, Property
management, garbage carts, etc., but it will not be a
publicly dedicated street. No heavy trucks will be allowed
on the internal road.
b. The internal circulation road will incorporate high quality
masonry paved materials throughout the residential units.
Vehicular Loading Access Roads.
a. Service roads will incorporate asphaltic concrete paving
with curbs and gutters.
b. All service roads will be accessible by semi-trucks (wheel
base 50) and service vehicles.
c. Colored paving materials and concrete may be used as
accent materials at entry locations (not including public
right-of--way or required easement areas) on the property to
visually define entryways.
B. Building Mass, Form And Architectural Style.
One critical component of the City Place "'~^~^ ~*~°°* r°^^^~~r~° design is
the consideration of architectural style, mass and form. Architectural style
shall impart a distinct building image. Mass shall relate to the desired
scale and form shall be used to lend interest to the overall effect of the
mixed use development.
Building masses shall be simple in form and composed of strong
geometric shapes including rectilinear forms with facade
variations, round, columnar, stepped (terraced) or pyramidal
shapes. Building mass forms may be composed of ornate
historical building styles or a combination thereof.
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75A-167
2. General building form shall be indicative of the functions that take
place within. Pedestrian spaces and entrances should be apparent
and ceremonial.
3. Internal building structure shall be delineated with clear definition
of floors and vertical supports.
4. Large flat unarticulated building faces shall be avoided.
5. Window fenestration must be carefully orchestrated to complement
the basic masses, provide scale and modulation of building
surfaces and to allow perferation of solid shapes.
6. The mass form and orientation of commercial buildings must be
sensitive to adjacent residential areas and pedestrian linkages.
7. Building forms may be exaggerated to express a particular style.
8. Special architectural enhancement shall be included at the
pedestrian level of all commercial and retail buildings by utilizing
added facade articulation and detail variation.
C. Materials.
The use of quality materials and detailing on highly visible surfaces will
add elegance and maximize the statement of the style of the development.
The City Place development will embrace innovative uses of
contemporary architectural materials.
Colored ceramic tiles, glass blocks, stucco, plaster, masonry, stone,
and colored wood or high quality metallic trims are acceptable
finish materials.
2. Textured and smooth concrete, decorative or textured concrete
blocks, or steel and high quality metallic panels are appropriate
building materials.
3. Non-reflective glass shall be used at pedestrian level for viewing
and window shopping purposes. Reflective glass at upper levels is
acceptable, but shall be compatible with the design style of the rest
of the City Place project.
4. The use of cloth awnings, fixed canopies, metal hand rails and
other elements which cover and protect windows and pedestrian
areas are encouraged. Signage on such elements must be
consistent with the sign requirements contained in this Plan.
22
75A-168
5. Monolithic glass surfaces may be used with other accent materials
in a visually harmonious manner in special applications as accent
but should not be used as the dominant architectural theme.
Structures utilizing glass curtain walls as the predominant design
element are not permitted.
6. Glass storefronts shall be provided facing all streets, Cit, P~ lace
~~seu~se Drive, and the pedestrian oriented public plazas.
7. All building and site finish materials, colors and designs shall be
reviewed and approved by the Planning Division prior to submittal
to Building Division Plan Check.
8. Security gates for storefronts, if provided, shall be designed inside
of the buildings.
D. Color.
1. Choices of color should promote a lively, festive and warm
atmosphere. Dull colors should be avoided or used in limited
amounts. In general warm contrasting colors should prevail with
bright colors and pastels used for accent and detailing. A sense of
pageantry shall be promoted through the use of color on signs,
lighting, flags and banners and other devices.
E. Public Art.
Various forms of public art may be integrated into public spaces (not
including public right-of--way) throughout the project.
F. Detail.
Reveals, recesses and other architecturally sculptural elements
shall be used to accent key features of the architectural design.
2. Upgraded light fixtures, door and window details and other feature
items are encouraged.
Banners, flags and other colorful devices may be used to
accentuate linear relationship at outdoor areas but only when
approved in conjunction with the signage program as set forth
herein.
23
75A-169
4. All buildings shall incorporate architectural detail, multiple
materials, generous landscaping, lighting effects and strong
architectural design themes to soften building mass.
5. All architectural elements including building components shall be
part of an integrated design. The entire project shall have a
cohesive statement of theme and style.
24
75A-170
PART V. LANDSCAPE MATERIALS AND DESIGN
The design guidelines outlined here will assist in achieving a distinctive
development character for the project while ensuring compatibility between
commercial and adjacent residential land uses. These plants are recommended,
however, actual plant choices may be substituted depending on experience and
actual soil conditions.
The high quality of the development is reinforced through the coordinated design
and selection of landscape and paving materials, and emphasis on unique
landscape features.
As phases are implemented, landscape plans (including landscape plans for any
temporary parking areas) shall be approved which are consistent with implement
these concepts of Exhibit A and B. Detailed landscaping plans prepared by a
landscape architect, shall be submitted to and approved by the City of Santa Ana
Planning Department and Public Works Agency (for public right-of--way areas)
prior to issuance of a building permit and installed prior to issuance of a
certificate of Use and Occupancy for the phase in question. Off-site landscaping
shall be approved by the Department of Public Works as part of any street
improvement plans.
Schinus terebinthifolius, Brazillian Pepper, size:
24"-60" box, 15'-0" to 35'-0", informal spacing.
A. Temporary Landscape Adjacent To Undeveloped Parcels.
Areas of the site not developed in the initial phase may be developed as
surface parking and if so developed shall comply with the following
standards. A temporary landscape will be installed in all undeveloped
areas.
1. Setback Areas -Will be fully planted with turf, trees and
ornamental groundcover.
2. Parking Areas -Trees equal in number to one (1) per each ten (10)
parking stalls, size: minimum 15 gallon. (These trees shall be
arranged in eight and one-half (8-1 /2) feet by eighteen (18) feet
minimum planting bays surrounded by 6" high curb).
3. Berm -Architectural berm of sufficient height (but no greater than
3 feet) to screen surface parking lots shall be installed along Main
Street and Owens Drive. Berm will be fully landscaped, and the
size, number and type of planting shall be in accordance with the
City's commercial development standards. Turf areas shall not
exceed four to one slope.
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75A-171
4. Canopy Trees -Planted informally will supplement streetscape
plantings. Size: minimum 24" box. Species to be determined.
The size, number and spacing shall be in accordance with the
City's commercial development standards.
Turf Types -Shall be consistent throughout project (Marathon II)
6. Shrubs -Shall be used for screening of parking areas and for
special effects at building entries.
7. Special Sculptural Features -Will accent undeveloped parcels,
prior to project buildout.
B. General Notes.
1. All landscaping shall be maintained in a healthy and attractive
condition. Maintenance should be carried out in accordance with
established horticulture practices. Irrigation problems must be
resolved promptly to assure plant survival. Prior to planting soil
must be property prepared to assure plant survival.
3. No use of Queen Palms for the project interior areas.
4. No electrical, mechanical or plumbing apparatus shall be located in
required setback areas.
5. All landscaped areas shall be irrigated using an automatic
irrigation system. A schematic irrigation system employing pop-
up type sprinkler heads, backflow preventer, automatic time clock,
and where applicable, a quick coupler adjacent to all trash
enclosures shall be provided.
6. On site trees will be spaced in coordination with required existing
parkway trees.
7. The development will provide double-staking for all newly planted
trees (on and off site).
8. Only low shrubs and/or ground cover shall be planted in landscape
areas used for parking overhang.
9. Planting and landscape walls shall be used to screen all
appurtenances, such as transformers, meters, trash enclosures, air
conditioning units, etc.
26
75A-172
10. Phasing of landscape implementation shall be compatible with the
construction schedule for the entire project, as per the approved
site plan.
11. All fountains and water features throughout the project shall be
plumbed for non-potable "gray water" for conversion when such
water is available.
12. A xeriphytic landscaping materials and irrigation design shall be
used for this project. In addition, the plant palette along the
southerly edge of the project shall be compatible with that of
Santiago Park, where the park is adjacent to the project.
27
75A-173
PART VI. SIGNAGE
A. Intent.
Every sign in the City Place project will be part of a planned sign program
which will be submitted for Planning Division review and approval in
accordance with the criteria set forth in this Plan and SAMC. The purpose
of this section is to set forth permitted sign types and provide minimum
standards for signs within the City Place Specific Development Plan.
Consequently, this document identifies and specifies those design criteria
for the planned sign program which are different than those set forth in the
Code. In considering the planned sign program, the provisions of the Plan
shall control.
The City Place project is envisioned as a superior quality urban-style
mixed-use complex, and architecturally spectacular. Environmental
graphic design will be innovative and attractive but never excessive.
Tenant identification on the perimeter of the project (i.e. external signage)
will be held to a practical minimum. However, it is critical that the
internal signage, particularly the signage along the Cit P~ ~,
be compatible with the kind of exciting dynamic environment which is
intended to be created.
B. Sign Message Categories.
The project sign program shall address the following categories of
information:
• Project and major facilities identification at site entries
• Tenant identification signage
• Regulatory vehicular signage
• Directional vehicular signage
• Street identification
• Informational pedestrian signage
• Directional pedestrian signage
• Building identification signage
• Site directories and orientation maps
• Service signage
• Parking level and area identification signage
• Visitor directional and informational signage
• Building address signage
• Building site directories
• Typical door identification signage
• Restroom and telephone identification signage
• Operation information signage
28
75A-174
Loading dock information
Loading dock numbers
Construction barricade
C. Physical Sign Types.
Physical classification of project signage will be by the following
categories:
1. Freestanding signs.
2. Wall/canopy signs.
3. Projecting signs.
4. Marquee signs (Theater Only).
5. Under canopy/window/hanging signs.
D. General Criteria.
The following design guidelines generally address the design criteria for
the sign program.
Color and typography of signs will be evaluated on the basis of
aesthetics and legibility rather than conformance to strict criteria.
2. Intermittent lights, bare bulbs, neon, illusions of motion, or other
mechanical movement are acceptable only within the interior of
the project. Such signage could be used with respect to the theatre,
or restaurants. Such signs shall not be visible from the perimeter
public right-of--way or the residential development in the project.
3. Well designed pageantry systems consisting of flags and banners,
festoons, flag canopies and related displays will be permitted on
the interior of the City Place project, provided they are consistent
with the overall design of the signage plan, and do not create a
safety hazard and do not adversely affect adjacent land uses.
4. The sign program shall acknowledge approval of carefully worded
on-site circulation directional signage.
E. Criteria For Individual Sign Types will be determined by the approved
sign program. Shall conform to size limitations as outlined in SAMC.
1. Freestanding Signs
Freestanding signs shall conform to SAMC requirements.
29
75A-175
2. Wall/Canopy Signs.
a. All signs need not replicate a specified shape, design or
materials. Diversity will be allowed, provided that the
signs relate to each other well even though they are
configured differently.
Projecting Signs.
a. Within the interior portions of the project, such as along the
Cit,, P~ , one projecting sign per pedestrian
level tenant may be provided.
b. The project may provide any number of such signs with
mixed types so long as the style of the signs area
aesthetically compatible. Projecting signs shall be located
no closer than 15 feet from one another.
The sign face of each projecting sign shall be compatible
with the scale of the space being identified.
4. Marquee Signs.
The theater may have a major marquee sign at the theater entrance.
The marquee sign may be large enough to accommodate the
informational requirements of the uses being identified, may
employ changeable copy and appropriately sized based on unit and
frontage.
5. Signs Under Canopies And Marquees.
The area of any sign under a canopy or marquee shall not exceed
Santa Ana Municipal Code. Such signs shall meet all minimum
Building Code height clearances.
6. Temporary Identification Signs.
a. Per Santa Ana Municipal Code
b. Per Santa Ana Municipal Code
Per Santa Ana Municipal Code
7. Submission of City Place Plan Signing Design Program.
30
75A-176
Project applicant shall submit a planned project sign program for
review by the Planning Division in accordance with the standard
Planning Division procedures and this Plan.
31
75A-177
PART VII. LIGHTING
Street lighting can be used to help unify the City Place_and add to the "festive"
atmosphere being sought. On-site parking lot and building light fixtures may vary
from one sub-area to the next but illumination levels shall remain consistent and
not compete with street lighting and signage. Appropriate special lighting effects
that will be compatible with the overall design concept are encouraged.
Street lighting and parking lot parking contribute to the safety and security of the
project. Unique lighting fixtures may provide easy identification of the project
for motorists. Lighting potentially visible from adjacent property shall be
subdued and incorporate cut-off shields or be oriented to the interior of the
project. Lighting shall not interfere with vehicular traffic.
A. Street Lighting/Exterior To The Project. (Public Right-of--Way)
1. All street lighting along Main Street, Memory Lane, a~ Lawson
Way and Jeanette Lane shall be of singular design placed at regular
intervals, mounted atop concrete or metal standard and installed
per City specifications as required.
2. Light standards, poles, and ballards shall be of common design
with durable finishes and materials to create unity along the project
perimeter, in accordance with the City's commercial development
standards.
B. On-Site Parking Lot, Pedestrian Lighting, Cit,. P~ E~se~se Drive.
Pedestrian scale lighting should illuminate entry ways, courtyards,
parking lots and other such areas.
2. Lighting should be used to enhance landscaping and reinforced
architecture, with dramatic uplighting or wall shadow effects with
plant materials encouraged.
3. Parking lot light fixtures and bollards shall be consistent in styling
with the design theme proposed for that sub-area of the project.
4. The use of neon and other specialized lighting effects that would
reinforce the attractiveness of the project to pedestrian traffic and
incorporate the design theme of the project may be used.
5. The use of white or clear string lighting in trees around outdoor
pedestrian areas may be used.
6. Washing large wall areas with light to create shadows from
landscape materials may be used.
32
75A-178
7. Lighting along the City Place ~~exse~se Drive shall be carried out
as part of the unified scheme to help create festive recreational
atmosphere.
C. On-Site Building Lighting.
Service area lighting for large uses shall be contained within
service yard boundaries with light sources concealed.
2. Building illumination and architectural lighting will be creative
and reinforce the design theme. Indirect wall lighting or "raw wall
washing" overhead downlighting, will be utilized throughout the
commercial development.
In residential areas, warm simple lighting will be employed. These
components could include uplighting of building entrances and
courtyard trees, subtle soft lighting effects, washing of walls with
light from concealed ground sources.
4. In residential areas the use of specialized lighting effects such as
neon and internally illuminated signs shall be avoided as shall any
blinding, bright or flashy effects.
5. Lighting shall not cast any glare onto adjacent lots and streets
outside the perimeters of the City Place project in such a manner as
to decrease the safety of pedestrian and vehicular movement.
6. Architectural lighting should be used to articulate the particular
building design.
D. Required Minimum Maintained Illuminance Levels shall be Per Santa Ana
Municipal Code and approved by the Police Department.
33
75A-179
PART VIII. OPERATIONAL STANDARDS
Unless herein permitted to the contrary, all commercial activity shall be
conducted within a building.
2. All activity on the site shall be designed, built, operated, and verified in
compliance with the mitigation monitoring program of the certified final
Environmental Impact Report for this project.
3. Should special assessment, Mello Roos, or other financing be utilized,
written disclosure of such financing shall be disclosed in writing to all
purchasers and lessees within the project.
4. The following study shall be reviewed, approved and from time to time
modified and approved by the City shall be implemented and maintained
throughout the project:
Trash operations plan
All residential units within the project shall be built, subdivided and sold
for individual ownership.
6. All trash consolidation areas within the project including residential shall
be maintained and operated for the recycling of solid waste materials to
the satisfaction of the Public Works Agency.
7. The trash pick-up operational plan (letter agreement with the City) shall be
incorporated into the CC&R's of the project.
8. All circulation and parking operational procedures for the entire project
including but not limited to the bollards, loading zones, parking
management, and trash pick-up shall be maintained by the project
management and included by reference in the CC&R's.
9. The CC&R's shall include provisions to prohibit the construction of walls
in the townhouse two car garage that will disrupt the ability to park
resident vehicles in both spaces.
10. The CC&R's shall prohibit recreational vehicle parking or storage on-site.
11. The CC&R's shall contain provisions to preclude exposed television, ham
radio, dish, or other antenna and mechanical equipment.
34
75A-180
ORDINANCE NO. NS -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND MAIN STREET CONCOURSE, 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 Amendment to 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, and
two continuances, on January 12. 2009, recommended approval of this Amendment to
Development Agreement.
E. Entering into this Amendment to Development Agreement would provide
the City with extraordinary and significant benefits that are of regional significance,
relate to existing deficiencies in public facilities, require the owner of City Place 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 February 2, 2009, approved and certified an
Environmental Impact Report (EIR) in conjunction with this Project and adopted a
mitigation monitoring plan, written findings and a statement of overriding considerations
and the Council adopts this ordinance based upon said EIR, plan, findings and statement
of overriding considerations.
Ordinance No. NS-
Page 1
75A-181
SECTION 2: The Amendment to Development Agreement, a true and correct
copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager
and Clerk of the Council are authorized to execute it on behalf of the City with such
nonsubstantive changes as may be authorized by the City Manager and City Attorney.
The Clerk of the City is hereby authorized and directed to cause this Development
Agreement to be recorded with the County Recorder's Office. In case of any dispute
between the terms or effect of Tentative Tract Map No. 2008-04 and the terms or effect of
the Development Agreement, the Development Agreement shall prevail.
SECTION 3: This ordinance shall not be effective unless and until Ordinance No.
NS-xxxx, Resolution No. 2008-XXX and Resolution No. 2008-XXX become effective. If
said ordinance and 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: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ordinance No. NS-
Page 2
75A-182
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
rayc ~
75A-183
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE § 6103
FIRST AMENDMENT TO THE
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
MAIN STREET CONCOURSE, LLC
Dated: , 2009
75A-184
FIRST AMENDMENT TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
MAIN STREET CONCOURSE, LLC
This FIRST AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT ("First Amendment") 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 MAIN STREET CONCOURSE, LLC, a
California. limited liability company ("Owner" or "Property Owner").
RECITALS. This First Amendment is entered into with reference to the
following facts:
1.1 Original Agreement. The City and Owner's predecessor in interest,
Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that
certain Development Agreement entered into on or about May 3, 1993 and recorded as
Document Number 93-0385606 with the Recorder's Office of the County of Orange (the
"Original Agreement").
(1) The purpose of the Original Agreement was to facilitate the
development of the mixed-use project contemplated by the City's Specific Design Zoning
Designation SD-59 (SD-59), Vesting Tentative Map No. 14408 and EIR No. 93-
1.2 Amended And Restated Agreement. Orient's interest was subsequently
acquired by Owner, who thereafter with the City entered into that certain Amended and Restated
Development Agreement on or about February 14, 2005, and recorded as Document Number
2005-000258102 with the Recorder's Office of the County of Orange (the "Amended
Agreement").
(1) Owner at that same time obtained approvals for a modified project,
including an amendment to SD-59, together with a new Vesting Tentative Map No. 14408 and
EIR No. 2004-O1.
(2) Section 5.4 of the Amended Agreement provides that Owner shall
consider the design and application for an additional residential, for-sale, high rise tower on its
18 acre property in the general location as specified in Exhibit F to the Amended Agreement.
(3) The Owner has now proposed construction of a 31 story, 353
residential unit for-sale (i.e., condominium) project in the general location specified in Exhibit F
to the Amended Agreement. This project would require amendment to SD-59 and other
discretionary approvals by the City, including a new tentative tract map and Environmental
Impact Report.
75A-185
(4) In light of the Owner proposal to construct the 31-story, 353
residential units, for-sale (i. e., condominium) project, the Owner and City have agreed that it is
appropriate to adopt this amendment to the Amended Agreement.
1.3 Code Authorization. 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 the City and Owner in the development process. The City enters into the First Amendment
pursuant to the provisions of the Government Code and applicable City policies. The parties
acknowledge:
(1) This First Amendment is intended to assure adequate public
facilities at the time of development.
(2) This First Amendment is intended to assure development in
accordance with the City's General Plan, applicable Specific Plans and Specific Development
District No. 59, as modified concurrently herewith by Ordinance No. NS-
(3) This First Amendment will permit achievement of goals and
objectives as reflected in the City's General Plan, all applicable Specific Plans and Specific
Development District No. 59.
(4) Owner is required by existing City regulations to provide
initigatioli for certain impacts and pay certain regulatory fees as conditions of approvals through
the regulatory process, as further provided in this First Amendment.
(5) This First Amendment will allow the 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 the City for entering into this First Amendment 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.
1.4 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in the 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 (hereinafter the "Sky Lofts Property"). The Sky Lofts
Property is approximately 2.01 acres in size and is currently vacant.
1.5 Approval of Owner. Owner further hereby represents that it has
approved this First Amendment and is authorized to enter into this First Amendment.
z
75A-186
1.6 Planning Commission -Council Hearings. On November 10, 2008, 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 First Amendment. This public hearing was duly held, all public testimony
was attended to, and the Planning Commission recommended to the City Council of the City that
it execute this First Amendment. On December 1, 2008, 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 First Amendment.
1.7 Council Findings. The Council finds that this First Amendment is
consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable
ordinances, plans, policies and regulations of the City.
1.6 City Ordinance. On .200_, the Council adopted Ordinance
No. NS-_ approving this First Amendment. The ordinance becomes effective thirty (30) days
thereafter.
2. DEFINITIONS. In the First Amendment, initially capitalized terms used but not
defined shall have the following meanings unless the context otherwise requires:
2.0.5 "Executive Director" means the Executive Director of the City's
Planning and Building Agency or designee.
2.1 "Final Design" means the final design documents for a work of public art,
which is set forth in greater detail in Section 5.2 et seq. of this First Amendment.
2.2 "Map" means Tentative Tract Map No. 17242, approved concurrently
with this First Amendment.
2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC,
being the person, persons, or entity having a legal or equitable interest in the Sky Lofts Property,
and includes Main Street Concourse LLC's successors in interest.
2.3 "Sky Lofts Property" is the real property described in Exhibit A and
referred to in Exhibit B.
2.4 "Sky Lofts Project" is the development of the Sky Lofts Property as
generally set forth in SD-59, Tentative Tract Map No. 17242, Conditional Use Permit No.
2008-34, Environmental Impact Report No. 2007-02, and Site Plan Review No. 2008-05. The
Sky Lofts Project does not include the development of any property within SD-59, other than the
Sky Lofts Property. The Sky Lofts Project generally is described as follows:
(1) a residential multi-family condominium tower including 271evels
of residential condominiums above four (4) levels of above grade parking and two (2) levels of
75A-187
below grade parking. Within the tower a total of 333 residential condominium units will be
provided and an additional twenty (20) stacked townhomes will line the south side of the parking
structure.
(2) The residential condominium units shall range in size from 804 to 2,000
square feet and provide nine (9) feet from floor to finished ceiling for the townhomes and
podium level thru level twenty-five (25) and twelve (12) feet from floor to finished ceiling on
levels twenty-six (26) and twenty-seven (27).
(3) At the grade level, an approximately 2,900 square foot lobby shall be
provided. Immediately outside of the lobby shall be two (2) water features announcing the
pedestrian arrival point.
(4) A 33,690 square foot common space amenity deck shall be installed
above the parking structure and include a pool, spa, cabana/lounge, outdoor fireplace, tables and
outdoor barbeque.
(5) The Podium level shall consist of 4,590 square feet of enclosed common
space including a gymnasium, dining and kitchen area, and media room.
(6) The height of the tower will be approximately 366 feet including the
mechanical equipment penthouse. The parking garage will contain 729 parking spaces.
(7) All residential units in the Sky Lofts Project shall be condominiums, i. e.,
not residential units rented by the Owner. To be considered to be condominiums, the Owner
shall obtain all necessary approvals for sales of individual residential units, including but not
limited to, (a) a recorded, final subdivision map, (b) recorded Declaration of Covenants,
Conditions and Restrictions (CC&Rs), (c) a final, unconditional "public report" issued by the
California Department of Real Estate pursuant to the Subdivided Lands Act.
2.5 Public Art Locational Plan means the conceptual Plan attached hereto as
Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the
location of the Public Art required under certain circumstances by this First Amendment, and is
subject to refinement at the time of installation, by agreement of the Owner and the Executive
Director.
3. EXHIBITS. The following documents referred to in the First Amendment are
attached to this First Amendment and are identified as follows:
Exhibit Referred to
Desi nation Description in Section
A Sky Lofts Property Legal Description 1.4
B Sky Lofts Property Graphical Description (Site Plan) 1.4
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C Public Art Locational Plan 2.5
D Remaining Offsite Mitigation Measures 5.3
4. GENERAL PROVISIONS.
4.1 Amendment and Restatement. This First Amendment amends, restates
and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates
to the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full
force and effect.
4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until
released pursuant to the provisions of Section 8.6 below, no property shall be released from this
First Amendment until Owner has fully performed its obligations arising out of the First
Amendment.
4.3 Effective Date; Duration of First Amendment.
(1) The "Effective Date" of this First Amendment shall be the date that
the City Council ordinance adopting this First Amendment becomes effective, which date is
thirty (30) days after the City Council meeting at which such ordinance is adopted, unless it or
Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has
received a prima facie sufficient number of signatures, or unless its effective date is stayed by
order of a court of competent jurisdiction.
(2) The term of this First Amendment shall for seven (7) years from
the Effective Date ("Initial Term"); provided, however that the Owner may request a single three-
year extension ("Extended Term") from the Executive Director of the Planning and Building
Agency, which request shall not be unreasonably denied. Nothing herein is intended nor shall it
be interpreted to extend the period of validity of any approval issued in conjunction with the
City's Development Project Plan process or building permit, beyond local requirement.
(3) Pursuant to Section 66452.6(a) of the California Subdivision Map
Act, the term of Tentative Tract Map No. 14230, including any Iot line adjustment or merger of
lots (or any other tentative map approved by the City relating to the Sky Lofts Property
subsequent to the Effective Date of this First Amendment), shall not expire during the term of
this Development Agreement remains in effect.
(4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the
original or any modified term, the Sky Lofts Property is in the process of being developed, the
term of this First Amendment shall be further extended until such construction in process is
completed, not to exceed an additional three years after expiration of the original or modified
term.
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(5) The expiration of this First Amendment shall not terminate any
land use approvals approved concurrently with or subsequent to the approval of this First
Amendment, but shall merely end the period as to which such approvals are vested against
subsequent changes in applicable law pursuant to Section 5 of this First Amendment.
(6) Upon the expiration or termination of this First Amendment for
any reason, the City and Owner and its successors and assigns agree to cooperate and execute any
document reasonably requested by the other party to remove this First Amendment from the
public records as to the property or any applicable portion thereof.
DEVELOPMENT OF THE PROPERTY.
5.1 Existing Rules, Regulations and Policies. The rules, regulations and
official policies governing the permitted use(s) of the Sky Lofts Property, with respect to and
only with respect to the permitted use(s), density, height, size of structures and intensity of use of
the Sky Lofts Property, and provisions for reservation or dedication of land for public purposes
and any other exactions or mitigation measures applicable to the Sky Lofts Project shall be those
rules, regulations, and policies applicable to the Sky Lofts Property as of the Effective Date,
including those set forth in SD-59, as amended concurrently herewith.
5.1.1 Exclusion from Existing Rules, Regulations and Policies.
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, the City retains the
right to enact police power regulations on matters not covered by this First Amendment
("Reserved Powers"), including without limitation:
(1) Municipal laws and regulations which do not interfere with Owner's vested
rights to develop and use the Sky Lofts Property in accordance with this First Amendment.
Owner and its successors and assigns and all persons and entities in occupation of any portion of
the Sky Lofts 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:
(a) Existing taxes, assessments, fees and charges, except as otherwise
specifically provided in this First Amendment;
(b) Building, electrical, mechanical, fire and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
(c) 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
(d) Procedural rules of general City-wide application.
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(2) No vested rights as to any requirements in this Section 5.1.1 either as to
existing or future regulations, ordinances, policies, and plans are hereby conferred.
5.1.2 Design and Construction Standards and Specifications. The design
and construction standards and specifications for all Sky Loft Project construction, shall be
subject to applicable design standards and guidelines, including without limitation SD-59 and
Chapter 4l of the Santa Ana Municipal Code, in effect at the time that any development approval
shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft
Project.
5.1.3 Minor Changes. Upon application of Owner, the Executive Director may
approve minor modifications to the discretionary approvals vested pursuant to this First
Amendment, provided that such changes are consistent in scope and intention with such
approvals. The Executive Director has the sole and absolute discretion to determine what
constitutes a "minor modification."
5.1.4 Processing Fees. All fees and charges intended to cover the City's costs
associated with processing development of the Sky Lofts 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 maybe revised or adopted during the term of this
First Amendment, shall apply to the development of the Sky Lofts Property.
5.1.5 Amendments or Additions to Citywide Fee Programs. This First
Amendment 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 First Amendment, which shall be applicable to the Sky Lofts
Project or the Sky Lofts 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 the Sky
Lofts Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Sky Lofts
Sky Lofts Project impacts which were analyzed in the Environmental Impact Report prepared for
the Sky Lofts Project, or (b) duplicate any exactions, project design features, conditions of
approval, agreements, or mitigation measures contained in the Development Plan for this First
Amendment.
5.2 Development, Construction and Completion of Work of Public Art
and Other Consideration. In consideration for the extraordinary and significant benefits to the
City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with
regard to the permitted uses of land, density, and intensity of use, Owner shall comply with the
provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project.
5.2.1. Schedule For Work of Public Art.
Owner shall design, construct and maintain a work of public art only if it does not
Commence Construction of the Sky Lofts Project during the Initial term and instead requests and
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is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of
this Section 5, "Commence Construction" means those actions (i. e., valid building permit issued
by City and substantial, hard construction costs expended in good faith reliance thereon) that
would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South
Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny.
Facilities to Be Constructed Trig erin Event
1. Submit Final Design of Public Art. One year from the commencement of the Extended
Final design must conform to Public Art Term, if applicable.
Locational Plan.
2. Install Public Art. Prior to the City's issuance of Certificate of Use
and Occupancy for any portion of the Slcy Lofts
Project, or two and one-half (2 1/2) years from the
commencement of the Extended Term, whichever
comes first.
With respect to the Final Design, Owner shall complete all construction and development, shall
submit all plans, drawings, and other documents, and perform all of its obligations under this
First Amendment within the times specified above. During periods of construction of the work
of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a
written report of the progress of the construction when and as reasonably requested by the City.
The report shall be in such form and detail as maybe reasonably required by the City, and shall
include a reasonable number of construction photographs (if requested) taken from the last report
by Owner. Development scheduling or date or times of performance maybe subject to revision
from time to time if first mutually agreed to in writing. Such revisions do not constitute
amendments requiring further notice and public hearing.
5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner
agree that Owner shall be responsible for all costs associated with the design, construction,
maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
5.3 Remaining Offsite Mitigation Measures. The parties acknowledge and
agree that the sole remaining offsite mitigation measures which must be funded or constructed by
Owner are as set forth in Exhibit D to this First Amendment.
5.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of
$3,000.00 per residential unit as a condition of issuance of each building permit which includes
one or more residential units, or $1,059,000.00 for all residential units upon the issuance of the
initial building permit, whichever is greater. This fee shall be used by the City to build new or
substantially rehabilitate existing affordable housing in the City.
5.5 In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu
of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code;
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provided, however that the fee maybe increased to $10,568.00 per unit if the Owner does not
Commence Construction (as that term is defined in Section 5.2.1) during the Initial Term. This
in-lieu park fee shall be paid at the same time as those fees the payment of which is currently
deferred by the City pursuant to City Ordinance No. NS-2775, or any extension thereto.
5.6 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Sky Lofts 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 Sky Loft Property is located, and of any other political subdivision, agency, or
instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts 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 Sky Lofts Property and the Sky
Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the
Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped
access requirements, including, without the limitation, the Americans With Disability Act,
42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act,
Civil Code § 51 et seq. (collectively "Governmental Requirements").
5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
Restrictions (CC&R's) must be provided and approved by the 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) Repair of perimeter walls will be specified in the CC&R's in the
event of damage.
(2) The 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.., Main Place Regional Shopping Mall, and surrounding
property within SD-59 zoned and/or devoted to commercial use), and the
regional and local street grid adjacent to the Sky Lofts Project (e.g., SR-22,
I-5, SR-57, Main Street, Town & Country Drive), and shall provide a
release of all claims against the City which may arise from or relate to the
disclosed matters.
(3) The CC&R's shall reflect that balconies may not be used for
storage.
(4) Terms and Content:
CC&R's are to be in effect for at least 66 years.
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ii. Any proposed modifications to the foregoing provisions of the
CC&R's will require approval by the Executive Director.
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. The City shall, at least every twelve
(12) months during the term of this First Amendment, review the extent of good faith substantial
compliance by Owner with the terms of this First Amendment. 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 First Amendment at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the First
Amendment after the annual review set forth in Section 6.1 above, the 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 Executive Director, the First Amendment 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 First Amendment shall not constitute
or be asserted by any party as a breach of the First Amendment by Owner or City.
7. DEFAULT.
7.1 Owner Events of Default. Property Owner is in default under this First
Amendment upon the happening of one or more of the following events or conditions (each, an
"Owner Event of Default"):
(1) If a material 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; or
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 and Section 6.1
of this First Amendment that upon the basis of substantial evidence the Property Owner has not
complied in good faith with one or more of the material terms or conditions of this First
Amendment;
(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 First Amendment.
io
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7.2 Procedure upon Default.
(1) Upon an Owner Event of Default, the City through the Executive Director
shall submit to Owner, a written notice of default, in the manner provided in Section 4.10 of the
Amended Agreement, identifying with specificity the nature of the alleged default and, when
appropriate, the manner in which said default maybe satisfactorily cured. Upon receipt of the
notice of default, the Owner shall cure the identified default(s) at the earliest reasonable time
after receipt of the notice of default and shall complete the cure in any event not later than one
hundred and twenty (120) days after receipt of the notice of default, or such longer period as is
reasonably necessary to remedy such default(s), provided that the Owner shall continuously and
diligently pursue such remedy at all times until such default(s) is cured. If Owner has failed to
remedy or diligently proceed to remedy such default(s) after proper notice and expiration of said
one hundred and twenty (120) day cure period or such extended period as provided herein, the
City may terminate or amend this First Amendment in accordance with the procedure adopted by
the City. 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) If after the cure period has elapsed, the Executive Director finds
and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be
entitled to appeal that finding and determination to the City Council by filing an appeal with the
City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination
to Owner, or its successors, transferee, and/or assignees, as the case maybe. The City Council
shall act upon the finding and determination of the Executive Director within ninety (90) days
after the filing of such appeal. In the event of a finding and determination that all defaults are
cured, there shall be no appeal by any person or entity.
(3) The 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 First
Amendment.
third person.
(4) Non-performance shall not be excused because of a failure of a
(5) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Owner, shall be sufficient to terminate this First
Amendment and a hearing on the matter shall not be required.
(6) 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.
(7) All other remedies at law or in equity which are not inconsistent
with the provisions of this First Amendment are available to the parties to pursue in the event
there is a breach.
it
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7.3 Damages upon Termination. In no event shall Property Owner be
entitled to any damages against the City upon termination of this First Amendment for an Owner
Event of Default.
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 First Amendments set forth in the First Amendment, or to
enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies
consistent with the purpose of the First Amendment. Legal actions shall be instituted in the
Superior Court of the County of Orange, State of California, or in the Federal District Court in
the Central District of California, Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This First Amendment shall not prevent or
limit Owner, in any manner, at Owner's sole discretion, from encumbering the Sky Lofts Property
or any portion of the Sky Lofts Property or any improvement on the Sky Lofts Property by any
mortgage, deed of trust, or other security device (or any number of them) securing financing with
respect to the Sky Lofts Property or its improvement (any such encumbrance, a "Mortgage").
8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage
or beneficiary of a deed of trust encumbering the Sky Lofts Property or any part thereof and their
successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to
receive from the City written notification of any Owner Event of Default.
8.3 Performance of Covenants. The Mortgagee shall have the right, but no
obligation, to perform any term, covenant or condition and to remedy any Owner Event of
Default hereunder within the time periods specified herein, and the City shall accept such
performance with the same force and effect as if furnished by the Owner; provided, however, that
said Mortgagee shall not thereby or hereby be subrogated to the rights of the City.
8.4 Default by the Owner. In the event of an Owner Event of Default that
has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees
not to terminate this First Amendment (1) unless and until the City provides written notice of
such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of
Default within ninety business days after the later of delivery of such notice or expiration of any
applicable Owner cure period, and (2) as long as:
(a) In the case of an Owner Event of Default that cannot practicably be
cured by the Mortgagee without taking possession of the Sky Lofts Property (which defaults shall
not include defaults "not susceptible of being cured" as defined below), (i) the Mortgagee has
delivered to the City, prior to the date on which the City shall be entitled to give notice of
termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to
such delays as maybe incident to obtaining a relief from stay in the case of a
is
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bankruptcy/dissolution event) it will commence and diligently pursue cure of such Owner Event
of Default promptly following its obtaining possession and; (ii) said Mortgagee shall proceed
diligently to obtain possession of the Sky Lofts Property (including possession by receiver)
(subject to such delays as maybe incident to obtaining a relief from stay in the case of a
bankruptcy/dissolution event) and, upon obtaining such possession, shall proceed diligently to
cure such Owner Event of Default; and
(b) In the case of an Owner Event of Default that is not susceptible to
being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and
diligently prosecute the same to completion (subject to such delays as maybe incident to
obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the meantime
it shall acquire the Owner's right, title and interest hereunder, either in its own name or through a
nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or
foreclosure such Owner Event of Default shall be deemed to have been cured.
The Mortgagee shall not be required to obtain possession or to continue in
possession as Mortgagee of the Sky Lofts Property pursuant to Subsection 8.4(a) above, or to
continue to prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when
such Owner Event of Default shall be cured. Nothing herein shall preclude the City from
exercising any of its rights or remedies with respect to any other Owner Event of Default during
any period of such forbearance, but in such event the Mortgagee shall have all of its rights
provided f'or herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall
acquire title to Owner's right, title and interest hereunder and shall cure all Owner Events of
Defaults t11at are susceptible of being cured by the Mortgagee or by said purchaser, as the case
maybe, then prior Owner Events of Default that are not susceptible to being cured by the
Mortgagee or by said purchaser shall no longer be deemed Owner Events of Default hereunder.
Except as set forth herein, nothing contained herein shall require any Mortgagee
to cure any Owner Event of Default.
8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder,
whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any
conveyance of the Sky Lofts Property from the Owner to a Mortgagee or its designee through, or
in lieu of foreclosure or other appropriate proceedings in the nature thereof, shall not require the
consent o f the City or constitute a breach of any provision of or a default under this First
Amendment; and upon such foreclosure, sale or conveyance the City shall recognize the
purchaser or other transferee in connection therewith as the Owner hereunder provided that such
purchaser or transferee assumes, subject to the terms of Section 8.4 above, each and all of the
obligations of the Owner hereunder pursuant to an assumption First Amendment satisfactory to
the City. If any Mortgagee or its nominee or assignee shall acquire the Owner's right, title and
interest hereunder as a result of a judicial or nonjudicial foreclosure under any Permitted
Mortgage, or by means of a deed in lieu of foreclosure, or through settlement of or arising out of
any pending or contemplated foreclosure action, such Mortgagee shall thereafter have the right to
assign or transfer the Owner's right, title and interest hereunder to an assignee upon obtaining the
City's consent with respect thereto, which consent shall not be unreasonably withheld or delayed.
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Upon such acquisition of the Owner's right, title and interest hereunder as described in the
preceding sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the
purchaser from Mortgagee, assignee or nominee, the City shall immediately execute and deliver a
new First Amendment or amend this First Amendment with such party, upon the written request
therefor by such party given not later than one hundred twenty (120) days after such party's
acquisition of the Owner's right, title and interest hereunder. Subject to the terms of Section 8.4
above, such new or amended agreement shall be substantially the same in form and content to the
provisions of this First Amendment, except with respect to the parties thereto, and the
elimination of any requirements which have been fulfilled by the Owner prior thereto, and said
agreement shall have priority equal to the priority of this First Amendment. Upon execution and
delivery of such new or amended agreement, the City shall cooperate with the new owner, at the
sole expense of said new owner, in taking such action as maybe necessary to cancel and
discharge this First Amendment and to remove Owner named herein from the Sky Lofts
Property.
8.6 Releases. The City agrees that upon written request of Property Owner
and payment of all fees and performance of the requirements and conditions required of Owner
by this First Amendment with respect to the Sky Lofts Property, or any portion thereof, the City
shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this
First Amendment in form and substance acceptable to the Orange County Recorder or as may
otherwise be necessary to effect the release.
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 First Amendment, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This First Amendment
constitutes the entire understanding and agreement of the parties with respect to the matters set
forth in this First Amendment. This First Amendment supersedes all negotiation or previous
agreements between the parties respecting this First Amendment, including without limitation the
Original Agreement and/or the Amended Agreement. All waivers of the provision of this First
Amendment must be in writing and signed by the appropriate authorities of the City or of Owner.
All amenchnents to this First Amendment must be in writing signed by the appropriate
authorities of the City and Owner, in a form suitable for recording in the Official Records of
Orange County, California. Upon the completion of performance of this First Amendment or its
revocation or termination, an appropriate Certificate of Completion acknowledging such
occurrence signed by the appropriate agents of Owner and the City shall be recorded in the
Official Records of Orange County, California.
9.3 Sky Lofts Project as a Private Undertaking. It is specifically
understood by the parties that: (a) the Sky Lofts Project is a private development for purposes of
Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or
duty to third parties concerning any improvements to the Sky Lofts Property or in connection
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with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the
Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First
Amendment are part of this First Amendment.
9.5 Captions. The captions of this First Amendment 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 First Amendment.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this First Amendment, 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 First
Amendment.
9.8 Time of Essence. Time is of the essence for each provision of this First
Amendment of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this First Amendment 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 First Amendment 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
First Amendment. The parties shall, within thirty (30) days, meet and confer in good faith in a
reasonable attempt to modify this First Amendment to comply with such federal or state law or
regulation. Thereafter, regardless of whether the parties reach an First Amendment on the effect
of such federal or state law or regulation upon the First Amendment, 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.
9.10 No Reliance By One Party On The Other. Each party has received
independent legal advice from its attorneys with respect to the advisability of executing this First
Amendment and the meaning of the provisions hereof. In addition, the provisions of this First
Amendment shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
9.11 Arms Length Transaction. Each party represents and warrants to the
other the following: it has carefully read this First Amendment, and in signing this First
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Amendment it does so with full knowledge of any rights which it may otherwise have, and it has
freely signed this First Amendment without any reliance upon any agreement, promise, statement
or representation by or on behalf of the other party or its agents, employees, or attorneys, except
as specifically set forth in this First Amendment, and without duress or coercion, whether
economic or otherwise.
9.12 Recording. The City Clerk shall cause a copy of this First Amendment to
be recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this First Amendment.
IN WITNESS WHEREOF, this First Amendment has been executed by the City
of Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. NS- ,
authorizing such execution, and by Property Owner.
Dated this day of , 200
THE CITY OF SANTA ANA
By
DAVID N. REAM
City Manager
Approved as to Form:
By
JOSEPH W.FLETCHER
City Attorney
MAIN STREET CONCOURSE, LLC,
A California Limited Liability Company
By: EMG-MAIN STREET LLC, a California
limited liability company, Its Manager
By: BDC LLC, a California limited
liability company, Its Manager
By: Bisno Development
16
75A-200
Company LLC, a California
limited liability company, Its Manger
By
Robert H. Bisno, Manager and
Chief Executive Officer
i~
75A-201
STATE OF CALIFORNIA
COUNTY OF
On
before me, , a
Notary Public, personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF )
On
before me, , a
Notary Public, personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
75A-202
File No: 06154511
EXHIBIT ~~A"
All that certain real property situated in the County of Orange, State of
California, described as follows:
Lot 1 of Tract No. 16565, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 872, Page(s) 32 to 38, inclusive of
Miscellaneous Maps, Records of Orange County, California.
Assessor's Parcel Number: 041-212-04
7~5A-203
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EXHIBIT C
Public Art Locational Plan
1. Public art valued at one-half of one percent (0.5%) of the project building permit valuation is
required. Public art shall be comprised of a single art piece (or two or more pieces, as agreed
to by the City's Planning Commission and Owner) to be placed along Lawson Way at or near
its intersection with Jeanette Lane, with the final location to be determined as specified in
Section 5.2 et seq. of this First Amendment. The public art should invite participation and
interaction, inspire, add local meaning, interpret the community by revealing its culture or
history, and/or capture or reinforce the unique character cf the new place. A comprehensive
Public Art Plan indicating compliance with this requirement, and which proposes specific
pieces of art for specific locations or applications, shall be submitted to the Planning
Commission prior to the completion of the project's first phase. All public art approved by
the Planning Commission in the Public Art Plan shall be completely installed as provided in
Section 5.2.1 of this First Amendment. Review and approvals required by the Planning
Commission pursuant to Section 5.2 et seq. or this Exhibit C may be delegated to a
committee of same duly constituted pursuant to the Planning Commission's bylaws.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not
limited to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
ii. Architect and Landscape Architect fees.
iii. Landscaping around a sculpture that is not included as part of the artist's sculpture
furnishings, including, but not limited to, functional structures, prefabricated water or
electrical features not created by the artist, and ornamental enhancements.
iv. Utility fees associated with activating electronic or water generated artwork.
v. Lighting elements not integral to the illumination of the art piece.
75A-205
vi. Publicity, public relations, photographs, educational materials, business letterhead
or logos bearing artwork image.
vii. Dedication ceremonies, including sculpture unveilings or grand openings.
8. To be eligible, the proposed work of public art shall not be:
i. amass produced object from a standard design;
ii. a reproduction, whether produced by mechanical or other means, of an original work
of art;
iii.. elements of building, designed by the building's architect, as opposed to a public
artist commissioned for the express purpose of creating a unique work of public art;
nor
iv. a water feature, in whole or in part.
75A-206
EXHIBIT D
Off-Site Mitigation Measures
Improvement Location
1. Landscape Median Main Street from City Place Drive to Town
and Country Drive
2. Street Reconstruction Lawson Way from Memory Lane to northern
property limit of Sky Lofts Property from curb
to curb (not a obligation of owner of
commercial parcel of City Place; i.e., parcel
located between Main Street and City Place
Drive)
3. Slurry Seal Memory Lane from Main Street to Lawson
Way
75A-207
BK:1 /27/09
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2008-34 AS CONDITIONED, VESTING TENTATIVE
TRACT MAP NO. 2008-04 AS CONDITIONED AND SITE
PLAN REVIEW NO. 2008-05 FOR THE PROPERTY
LOCATED AT 301 EAST JEANETTE LANE (COUNTY MAP
NO. 17242)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of various entitlements in order to
construct Sky Lofts, the final portion of the City Place Development
located at 301 East Jeanette Lane. The Sky Lofts proposed project
consists of a high rise tower, stacked townhomes and a parking structure
on an approximately two acre site. The residential segment will provide
333 condominium units within the tower and 20 stacked for-sale
townhouses wrapping one-side of the 729-space parking garage.
Reaching approximately 366 feet into the air, the tower will provide 27
levels of living space, four (4) levels of above grade parking and two (2)
levels below.
B. After continuing the matter following a noticed public hearing, at its regular
meeting of January 12, 2009, the Planning Commission voted by a vote of
vote of 5:1:1 (Yrarrazaval opposed, Turner abstained) to recommend that
the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report
(EIR) No. 2007-02.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2008-04.
3. Adopt a resolution approving an amendment to Development
Agreement No. 2004-04.
4. Adopt a resolution approving Conditional Use Permit No. 2008-34
as conditioned.
5. Adopt a resolution approving Vesting Tentative Tract Map
No. 2008-04 (County Map No. 17242) as conditioned.
6. Adopt a resolution approving Site Plan Review No. 2008-05.
Resolution No. 2009-XXX
75A-208 Page 1 of 6
C. The City Council of the City of Santa Ana held a duly noticed public
hearing on the abovesaid actions for Sky Lofts Development on February
2, 2009, and at that time considered all testimony, written and oral.
D. Vesting Tentative Tract Map No. 2008-04 seeks to subdivide the land and
future residential condominiums. The City Council of the City of Santa
Ana determines that the following findings have been established:
The proposed project, as conditioned, and its design and
improvements are consistent with the Low Density Residential land
use designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
Vesting Tentative Tract Map No. 2008-04 (County Map No.
17242) is consistent with the land use designation and density
prescribed in the General Plan and will have no adverse affect
on the surrounding land uses in the area .
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
provisions. Vesting Tentative Tract Map No. 2008-04 is in
keeping with the provisions of the site plan review
(Development Project No. 2006-46) and Chapters 34 and 41
of the Santa Ana Municipal Code, all of which pertain to the
subdivision of land and development standards for the site.
Further, the map will be consistent with Zoning Ordinance
Amendment No. 2008-04.
3. The project site is physically suitable for the type and density of the
proposed project.
The project site consists of approximately two acres of land
within Specific Development No. 59. The proposed
subdivision contains many street frontages, maintaining
adequate frontage for each parcel. Vesting Tract Map No.
17242 has been determined to be capable of supporting the
type and density of the proposed project. There are no
physical constraints on the site to preclude development.
4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
There are no wetlands or unusual flora or fauna on or
around the project site. No development surrounding this
Resolution No. 2009-XXX
75A-209 Page 2 of 6
site will be substantially affected by this proposal.
Environmental Impact Report 2007-02 has been prepared
for the proposed project, identifying potential impacts, over-
riding considerations and mitigation measures aimed at
reducing any environmental impact associated with this
project.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed infill development within amixed-use
development is for a residential high-rise tower and will be in
compliance with all regulations and conditions specified in
the Santa Ana Municipal Code and the Specific
Development No. 59 development standards in conjunction
with the proposed conditions and building requirements.
6. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
There are no easements that would affect the use or
development of this site. Approval of Vesting Tentative Tract
Map No. 2008-04 (County Map No. 17242) will not create
conflicts with the easements necessary for public access
through the property, as no such easements currently exist.
Public access will be allowed to the site as this development,
as an urban project concept, encourages pedestrian and
public activity.
E. Applicant is seeking Conditional Use Permit No. 2008-34 to allow the
project. Santa Ana Municipal Code Section 41-638 authorizes the
Planning Commission to grant a conditional use permit upon making
certain findings.
Will the proposed use provide a service or facility, which will
contribute to the general welfare of the neighborhood or
community?
The proposed conditional use permit to allow the
construction of a residential high rise will add to the mixture
of housing opportunities available within the city. The
proposed multi-family residential use (City Place Sky Lofts)
within the City Place development will provide a service to
the community by providing for-sale, high-quality residential
housing stock that will enhance the property values of the
surrounding neighborhoods. Conditions of approval have
been included to ensure the quality and the attractiveness of
the overall design which will contribute to the general well
being of the community.
Resolution No. 2009-XXX
75A-2 ~ ~ Page 3 of 6
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of the
persons residing or working in the vicinity?
The approval of the conditional use permit will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. Environmental Impact Report 2007-02 has
been prepared for the proposed project, identifying potential
impacts, over-riding considerations and mitigation measures
aimed at reducing any environmental impact associated with
this project. The addition of persons within a two acre
vacant portion of north Main Street and the City Place
development will assist in promoting the economic viability
and enhance the livability for this area.
3. Will the proposed use adversely affect the present economic
stability or future economic development of property in the
surrounding area?
The approval of the conditional use permit will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. Environmental Impact Report 2007-02 has
been prepared for the proposed project, identifying potential
impacts, over-riding considerations and mitigation measures
aimed at reducing any environmental impact associated with
this project. The addition of persons within a two acre
vacant portion of north Main Street and the City Place
development will assist in promoting the economic viability
and enhance the livability for this area.
4. Will the proposed use comply with the regulations and conditions
specified in the chapter of the Santa Ana Municipal Code for such
use?
As conditioned and the approval of Zoning Ordinance
Amendment No. 2008-04, the proposed project will be in
compliance with all applicable regulations and conditions
imposed on high rise residential units, pursuant to Chapter
41 of the Santa Ana Municipal Code.
5. Will the proposed use affect the General Plan of the City?
The proposed project will not adversely affect the General
Plan. The residential high rise tower is consistent with the
General Plan Land Use Element designation of District
Center and the proposed amendments to Specific
Development No. 59. The proposal is supported by the
Land Use Element Goal: 2.0, To promote land uses which
Resolution No. 2009-XXX
75A-211 Page 4 of 6
enhance the City's economic and fiscal viability; and Goal
3.0, To promote a balance of land uses to address basic
community needs. Further, General Plan Land Use Element
Policy 1.3 supports high-density residential development
within the City's District Centers as a part of a master-
planned mixed-use development. Also, Policy 1.4 promotes
the maintenance and fostering of a variety of residential land
uses in the city. Therefore, a residential high rise within a
mixed-use setting will assist to further the goals of the
District Center designation of the General Plan.
F.. Applicant is requesting approval of Site Plan Review No. 2004-05. Santa
Ana Municipal Code Section 41-493.5 requires approval of all plans for
projects within a specific development district to ensure the project is in
conformity with the specific development standards.
G. By prior action this date, the City Council has approved and certified the
Environmental Impact Report for this proposed project.
H. The Request For Council Action and all matters presented to the Council
are incorporated herein by this reference as though fully set forth.
Section 2. The City Council of the City of Santa Ana hereby, approves Vesting
Tentative Tract Map No. 2008-04 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
Section 3. The City Council of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2008-34 as conditioned in Exhibit "B" attached hereto and
incorporated herein.
Section 4. City Council of the City of Santa Ana hereby, approves Site Plan
Review No. 2008-05.
Section 5. In case of any dispute between the terms or effect of Vesting
Tentative Tract Map No. 2008-04 and the terms or effect of Amendment to
Development Agreement No. 2004-01, said Development Agreement shall prevail.
ADOPTED this day of , 2009.
Miguel A. Pulido
Mayor
Resolution No. 2009-XXX
75A-2 ~ 2 Page 5 of 6
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2009- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2009-XXX
75A-213 Page 6 of 6
Conditions for Approval for Vesting Tentative Tract Map No. 2008-04
Vesting Tentative Tract Map No. 2008-04 is approved subject to compliance to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the California
Building Standards Code, and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this vesting tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout
the life of the vesting tentative tract map. Failure to comply with each and every
condition may result in revocation of the vesting tentative tract map.
A. Planning Division
1. Comply with all conditions and requirements from the Development
Review Committee (DRC) for the development project (DP 06-46).
2. The Covenants, Conditions and Restrictions (CC&Rs) must be
approved by the Planning Manager prior to the issuance of any
building permit. Such CC&Rs must contain at a minimum, the
following:
a. Project Maintenance.
b. Standards shall be established for the exterior maintenance of
each unit within the community.
c. Graffiti removal will be required within 48 hours.
d. Assignment of repair of perimeter walls will be specified in
the CC&Rs in the event of damage.
e. CC&Rs are to be in effect in perpetuity.
f. Any proposed modifications to the CC&Rs will require
approval by the City of Santa Ana.
g. The use of professional management to ensure a quality
operation and maintenance.
3. A final map must be approved and recorded prior to issuance of
building permits.
4. The final map and all improvements required to be made or
installed by the subdivider must be in accordance with the design
standards and specifications of the Santa Ana Municipal Code and
the requirements of the State Subdivision Map Act.
EXHIBIT "A"
Page 1 of 3
75A-214
5. Two copies of the recorded final map and CC&Rs shall be
submitted each to the Planning Division, Fire Department, Building
Division and Public Works Agency within 10 days of recordation.
6. Prior to issuance of building permits, the interior building amenities
shall be submitted for review by the Planning Division and shall be at
the same or higher level of quality as the Nexus residential tower
(CUP 2005-10) and City Place live-work lofts (CUP 2004-28). The
amenity package submitted for review shall include but not be limited
to flooring, staircase railings, doors and hardware, kitchen
appliances and cabinetry, dual bowl sinks and fixtures, the walls,
tiled shower enclosures and kitchen countertops of stone the or
stone slab, or their equivalent. At minimum they will include a
product line for the appliances requiring the equivalent or higher
grade, all cabinets be of a stain grade, the use of smooth wall and
ceiling interior drywall finish and washers and dryers in each
residential unit.
7. Provide for lighting and landscape maintenance. The lighting plan
and design will be reviewed by the Planning Division during the
lighting plan check phase.
8. Development, operational and maintenance standards shall be
established for the number, style and location of all outdoor
fireplace, seating, benches, tables, chairs, lounges and similar
furniture. These items shall be reviewed and approved when the
landscapes are submitted into plan check.
9. Common area amenities shall comply with the following:
a. Pursuant to the Plan (Exhibit 3), plazas, drive aisles,
pedestrian walkways and common area amenities for the
project, shall be completely installed prior to the issuance of
a certificate of occupancy for the project.
10. Pedestrian walkways shall be provided to establish pedestrian
connectivity throughout the project site and to existing
pedestrian connection points as shown on the Plan (Exhibit
3). The amenities to be provided along this pathway shall
include decorative concrete, accent lighting, landscape
planters with vertical landscape as shown on the Landscape
Plan and two fountains. These improvements must be
completed prior to occupancy of the first unit.
11. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
EXHIBIT "A"
Page 2 of 3
75A-215
minimize effects from vandalism, skateboarding and
weather.
12. Trash receptacles should be located in high-activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other plaza furnishings.
13. All street furniture surfaces, pedestrian-level walls and
amenities shall incorporate graffiti resistant coatings.
14. The podium level shall include amenities such as informal
modern outdoor furniture and seating areas, decorative
pavers, landscape trees and plant material.
15. Prior to issuance of building permits, the exterior building
amenities, materials and finishes shall be submitted for review
and approval by the Planning Division.
16. The podium level amenity deck shall be completely installed
prior to the issuance of any certificate of occupancy.
EXHIBIT "A"
Page3of3
75A-216
Conditions for Approval for Conditional Use Permit No. 2008-34
Conditional Use Permit No. 2008-34 is approved subject to compliance to the
reasonable satisfaction of the Planning Manager, with all applicable sections of
the Santa Ana Municipal Code, the California Administrative Code, the California
Building Standards Code, and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout
the life of the conditional use permit. Failure to comply with each and every
condition may result in revocation of the conditional use permit.
A. Planning Division
1. Comply with all conditions and requirements from the Development
Review Committee (DRC) for the development project (DP 06-46).
2. Any amendment to this conditional use permit must be submitted to
the Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must
be amended.
3. The buildings shall be of constructed with quality and durable
exterior materials as shown on the architectural plans, material
boards and material specifications submitted for this project.
4. Prior to issuance of building permits, the interior building amenities
shall be submitted for review by the Planning Division and shall be at
the same or higher level of quality as the Nexus residential tower
(CUP 2005-10) and City Place live-work lofts (CUP 2004-28). The
amenity package submitted for review shall include but not be limited
to flooring, staircase railings, doors and hardware, kitchen
appliances and cabinetry, dual bowl sinks and fixtures, the walls,
tiled shower enclosures and kitchen countertops of stone the or
stone slab, or their equivalent. At minimum they will include a
product line for the appliances requiring the equivalent or higher
grade, all cabinets be of a stain grade, the use of smooth wall and
ceiling interior drywall finish and washers and dryers in each
residential unit.
5. Interior floor to finished ceiling heights will be a minimum of nine
feet on the podium level through level 25 and a minimum of 12 feet
EXHIBIT "B"
Page 1 of 2
75A-217
on levels 26 and 27. For the stacked townhomes, interior floor to
finished ceiling heights shall be a minimum of nine feet.
6. Covenants, Conditions, and Restrictions (CC&Rs) must be
approved by the Planning Manager prior to the issuance of any
building permit. Such CC&Rs must contain at a minimum, the
following:
a. Project maintenance.
b. Standards shall be established for the exterior maintenance of
each unit within the community.
c. Graffiti removal will be required within 48 hours.
d. Assignment of repair of perimeter walls will be specified in the
CC&Rs in the event of damage.
e. CC&Rs are to be in effect in perpetuity.
f. Any proposed modifications to the CC&Rs will require approval
by the City of Santa Ana.
g. The use of professional management to ensure a quality
operation and maintenance.
7. CC&Rs shall include residential occupancy standards similar to
Phase I of the City Place development (CUP04-28).
8. A tentative tract map shall be approved prior to the applicant
exercising the rights conferred by this conditional use permit.
9. This conditional use permit shall be null and void and of no force
and effect unless and until the City Council, in the exercise of its
sole discretion, approves a tentative tract map for this project.
10. Prior to issuance of building permits, the exterior building amenities,
materials and finishes shall be submitted for review and approval
by the Planning Division.
EXHIBIT "B"
Page 2 of 2
75A-218