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HomeMy WebLinkAbout2009-021 - Conditional Use Permit No. 2005-15 as Conditioned for the Properties Located at 100-130 East Macarthur BoulevardKO- 4/28/09 RESOLUTION NO. 2009-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-15 AS CONDITIONED FOR THE PROPERTIES LOCATED AT 100-130 EAST MACARTHUR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of an amendment to Conditional Use permit No. 2005-15 to allow the rental of some or all units at the property located at 100-130 East MacArthur Boulevard. B. On March 23, 3009, the Planning Commission held a duly noticed public hearing and by a vote of 4:3 (Gartner, Mill, Turner opposed) voted to recommend that the City Council: Deny application of Integral Communities, I, Inc. to amend Development Agreement No. 2005-02. 2. Adopt a resolution denying the amendment to Conditional Use Permit No. 2005-15. C. On May 4, 2009, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. The application for the amendment to Conditional Use Permit No. 2005-10 has been filed with the City of Santa Ana seeking to allow the rental of some or all units at the property located at 100-130 East MacArthur Boulevard. E. Santa Ana Municipal Code Section 41-638 and 41-649 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2009-021 Page 1 of 20 The proposed multi-family residential use (Montage) at 100- 130 East MacArthur Boulevard will provide a service to the community by providing high-quality residential housing stocks that will enhance the property value 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. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed multi-family residential use in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2004-02 as it pertains to aesthetics, air quality, and traffic and transportation, a statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed residential project will not adversely affect the economic stability within the MacArthur Place South development area. The multi-family residential component will provide customer base to the retail and restaurant uses, which will reinforce the economic viability of the project and will assist in identifying the entire MacArthur Place South as a viable mixed-use community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapters 34 and 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district except for the parking, tandem parking and setback requirements. Three variances have been approved to deviate from these standards. Resolution No. 2009-021 Page 2 of 20 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as multi-family residential development and ancillary uses are conditionally permitted within the Specific Development No. 76 (SD-76) zoning district. Policy 1.3 of the General Plan Land Use Element encourages high-density residential development within the City's District Centers. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. Section 2. On June 20, 2005 the City Council approved and adopted Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. In analyzing the amendments to this project, it was determined that no new impacts are expected since the number of overall units, the number of persons in the households and the income levels for the project will remain the same. Therefore, in accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, Resolution No. 2005-063 and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. This resolution also incorporates by reference, as though fully set forth herein, the Addendum to the Final Environmental Impact Report No. 2004-02 and the mitigation monitoring program which came before the City Council on May 4, 2009 as part of the public hearing for ZOA No. 2009-04, Amendment to DA No. 2005-02, Amendment to CUP No. 2009-08 and Amendment to Variance No. 2009-02 as well as the accompanying staff report and exhibits attached thereto; and the public testimony written and oral for that hearing item. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2005-15 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 100-130 East MacArthur Boulevard. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated May 4, 2009 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS-2782 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2009-021 Page 3 of 20 Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 4th day of May 2009 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. ;Otto Assistant City Attorney AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Sarmiento (1) NOT PRESENT: Councilmembers: Tinajero (1) Resolution No. 2009-021 Page 4 of 20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-021 to be the original resolution adopted by the City .Council of the City of Santa Ana on May 4, 2009. _ - ,. ~~ Date: ~ ~ ~~ i ~ , _ ,,. Clerk of the Council City of Santa Ana Resolution No. 2009-021 Page 5 of 20 Conditions for Approval for Conditional Use Permit No. 2005-15 Conditional Use Permit No. 2005-15 (Integral) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit approval. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 03-77. 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. Bedrooms are prohibited on the ground (first) floor of the live/work loft units. 4. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to building plan check. 5. All parking for the project shall be made available free of charge. Two parking spaces per dwelling unit shall be provided as a part of the deed for each dwelling unit. 6. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 7. The project shall incorporate on-site professional property management for the residential component. 8. A gas fireplace shall be provided within the community room. Exhibit A Resolution No. 2009-021 Page 6 of 20 9. Conditions, Covenants and Restrictions (CC&Rs) shall be provided for the project. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies and a restriction on truck delivery hours to non- peak periods shall be submitted prior to building plan check. 10. Prior to submittal into building plan check, detailed elevations shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Manager. 11. Prior to submittal into building plan check, detailed plans of the pedestrian paseo shall be submitted that include enhancements to landscape, hardscape, lighting and street furniture subject to approval of the Planning Manager. 12. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 13. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the materials, finishes and lighting for the Public Plaza at the northwest corner of site as well as the overall hardscape design, lighting concepts and outdoor furniture for the project. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1 and the conceptual landscaping plans for the project. The exact specifications for these items are subject to the review and approval of the Planning Commission. 14. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 15. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of three water features as shown on Exhibit 3 (Integral site plan), design details, hardscape design and lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Commission. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 16. The following items must be included as exterior amenities for the development: A pool and spa, lounge deck, outdoor gas fireplace, shade structure, fitness room and clubroom within Recreation Area 1; and a Resolution No. 2009-021 Page 7 of 20 game table, seating area, barbeque and tot lot within Recreation Area 2. In addition, landscaping consisting of both trees and plant materials shall be provided. The exact specifications for these items must be shown on a detailed plan and are subject to the review and approval of the Planning Commission. The exterior amenities shall be maintained in the same condition as installed at the time of occupancy. 17. The interior courtyard improvements for the project shall be completely installed prior to the release of utilities for any unit within its respective phase of this project. 18. An interior amenity plan of the fitness room and club room must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. At a minimum, the following items must be included as interior amenities within the common areas: Granite counter tops or equivalent, hardwood flooring or equivalent, tiled bathroom and shower walls, and a gas fireplace. The exact specifications for these items are subject to the review and approval of the Planning Manager. The interior amenities shall be maintained in the same condition as installed at the time of occupancy. 19. The following items must be included as interior amenities within each unit: granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, individual laundry hook-ups, stain grade hard wood cabinets and fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Manager. 20. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on Exhibit 13. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 21. One storage locker shall be provided for each residential unit. The lockers shall be available at no cost to the residents and shall be a minimum of 250 cubic feet in size. 22. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. Resolution No. 2009-021 Page 8 of 20 23. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 25. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Manager for approval. The plans shall include information on items such as pick-up, delivery, and types of bins required. 26. Prior to occupancy of any units, a rental housing execution plan must be submitted to the Planning Manager for review and approval. At a minimum the plan shall identify the location of employee and visitor parking, the location of the rental office, hour of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residence. (Added by the Planning Commission on March 23, 2009) Mitigation Measures 27. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 28. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 29. Prior to the issuance of building permits, a Final Landscape Plan for each building component of the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 30. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 31. Prior to the issuance of a building permit, the project developer shall provide the Planning Manager plans that incorporate lighting and any other conditions in the manner required by the FAA during the construction phase (e.g. for the cranes) and after completion. Resolution No. 2009-021 Page 9 of 20 32. Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport in the vicinity has been recorded on the deed for each residential unit and shall remain so recorded so as long as the airport is in operation. 33. As required by the AELUP, prior to issuance of the certificate of use and occupancy, the City shall ensure that the sales office for the residential unit posts a conspicuous sign informing potential buyers to the presence of the airport. The notice shall be in the same language as the need notice. 34. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "NO Hazard" determination has been secured for the operation of the construction cranes. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 35. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: • All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. • All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. • Alt material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12-inches. • Construction equipment leaving the project site shall be wheel washed. Resolution No. 2009-021 Page 10 of 20 • The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. • To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. • Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. • To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 36. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 37. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPL~ paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 38. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 39. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. • Use low-polluting high energy-efficient appliances • Install solar panels on roofs to supply electricity for heating and cooling • Use double-paned windows to reduce thermal loss • Install automatic lighting on/off controls and energy-efficient lighting • Use light colored roofing materials in new construction to deflect heat away from buildings. Resolution No. 2009-021 Page 11 of 20 40. During grading operations special handling of on-site soils shall be required, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 41. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 42. Prior to issuance of building permits, the project developer shall ensure that the subterranean portion of the structures is designed and installed to resist hydrostatic pressure and be a water-proof barrier between the existing soils and subterranean portions of the buildings. This design and installation shall be consistent with the recommendations provided in the project geotechnical report. 43. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 44. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 45. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 46. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. Resolution No. 2009-021 Page 12 of 20 47. Prior to issuance of grading permits the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. 48. Prior to issuance of Certificate of Occupancy permits, the project developer shall submit to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the environmental awareness, conditions and Best Management Practices regarding the handling and storage of hazardous materials as identified in the Water Quality Management Plan for MacArthur Place South. 49. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 50. The residential management companies shall ensure that post- construction Best Management Practices (BMP's) are strictly adhered to by all building occupants and tenants. 51. Prior to issuance of a demolition permit, the project developer shall prepare an asbestos survey to determine the presence of asbestos containing building materials. The survey shall be submitted to the City's Environmental Coordinator for review. If asbestos is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 52. Prior to issuance of a demolition permit, the project developer shall prepare a lead paint survey to determine the presence of lead based paint. The survey shall be submitted to the City's Environmental Coordinator for review. If lead based paint or mercury is identified, proper precautions shall be taken during demolition in compliance with California environmental laws, regulations and policies. 53. Prior to occupancy of residential units, the project developer shall ensure that CC&Rs for the community homeowners associations are recorded specifying maintenance responsibilities for all BMP's identified in the Water Quality Management Plan. 54. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. Resolution No. 2009-021 Page 13 of 20 55. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMP's from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 56. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 57. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 58. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMP's for construction and operation conditions. 59. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 60. Prior to the issuance of grading permits, the project developer shall verify that structural BMP's have been permanently incorporated into project plans. Such BMP s shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 61. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 62. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 63. Prior to issuance of building permits for tenant improvements for restaurant uses, the project developer shall ensure that the proposed restaurants are fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. Resolution No. 2009-021 Page 14 of 20 64. Prior to issuance of building permits, building plans shall reflect the construction of noise barriers to ensure an exterior noise level of 65 CNEL or less around patios and balconies that are considered open space by the City of Santa Ana. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous (without gaps or gates). The height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 65. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 66. Prior to building occupancy, mechanical ventilation shall be installed at the proposed condominiums and residential towers since the interior CNEL standard of 45 dB is to be met with all windows and doors closed. 67. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 68. Upon project completion, truck deliveries to the restaurant and the retail building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while onsite. 69. Demolition and construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 70. During demolition and construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. Resolution No. 2009-021 Page 15 of 20 71. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20 feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. 72. Prior to issuance of grading or demolition permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 73. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on- site. 74. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 75. Prior to issuance of occupancy permits, the project developer, at the project developer's sole expense, shall conduct a noise monitoring analysis to ensure that residential units achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a qualified acoustical consultant and shall be submitted to the City's Planning and Building Agency for review. 76. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 77. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 78. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and Resolution No. 2009-021 Page 16 of 20 compliance with the basic principles of Crime Prevention Through Environmental Design. 79. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 80. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 81. Prior to issuance of building permits, the project developer shall submit a Construction Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 82. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 83. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 84. Prior to issuance of building permits, the project developer shall coordinate with the Santa Ana Fire Department and the Santa Ana Police Department regarding possible radio interference and installation of radio repeaters on a tower rooftop. 85. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 86. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 87. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on Resolution No. 2009-021 Page 17 of 20 MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 88. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 89. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR- 55 southbound on-ramp. 90. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of ants Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi- diverters, diagonal diverters and cul-de-sacs. 91. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 92. Prior to issuance of building occupancy permits the project developer shall pay afair-share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 93. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. 94. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 95. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 96. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. Resolution No. 2009-021 Page 18 of 20 97. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. 98. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 99. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 100. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced with a new 10-inch sewer line. 101. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 102. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. Resolution No. 2009-021 Page 19 of 20 2. A minimum 12-inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Resolution No. 2009-021 Page 20 of 20