HomeMy WebLinkAbout11B - MACARTHUR PLACE AND GRAND PLANORDINANCE NO. NS-XX)CX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE MACARTHUR PLACE
SOUTH MIXED USE SPECIFIC DEVELOPMENT DISTRICT
(SD-76) (ZOA NO. 2009-04)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting approval of an Addendum to the Final
Environmental Impact Report No. 2004-02 and approve the mitigation
monitoring program; Zoning Ordinance Amendment No. 2009-04; an
Amendment to the Development Agreement No. 2005-02; Conditional Use
Permit No. 2009-08 and Variance No. 2. 009-02 to allow a hotel at 6 East
MacArthur Place.
B. On April 13, 2009, the Planning Commission Chairperson declared an
impasse after a series of motions failed to achieve a majority vote. The
Applicant has requested the items be denied by the Planning Commission to
allow them to move forward to the City Council for a final decision. The
items before the Planning Commission were as follows:
1. Adopt a resolution approving the Addendum to the Final
Environmental Impact Report No. 2004-02 and approve the mitigation
monitoring program.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2009-04.
3. Adopt an ordinance approving the Amendment to Development
Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as
conditioned.
5. Adopt a resolution approving Variance No. 2009-02 as conditioned.
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. Zoning Ordinance Amendment No. 2009-04 has been filed with the City of
Santa Ana to amend the MacArthur Place South Mixed Use Specific
Development District (SD-76) to allow hotels as a conditionally permitted use
in Zone 2.
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1. Amendment Application No. 2009-04 is consistent with the General
Plan, including but not limited to its goals and policies to:
a. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
b. Promote land uses which enhance the City's economic and
fiscal viability. Land Use Element Goal No. 2.0.
c. Support developments that create a business environment
that is safe and attractive. Land Use Element Policy No. 2.8.
d. Enhance development sites and districts which are unique
community assets that enhance the quality of life. Land Use
Element Goal No. 4.0.
2. The City Council has weighed and balanced the general plan's
policies and has determined that based upon this balancing that the
MacArthur Place South project is consistent with the purpose of the
general plan.
3. The City Council also adopts as findings all facts presented in the
Requests for Council Action dated May 4, 2009 accompanying this
matter.
4. For these reasons, and each of them, Zoning Ordinance Amendment
No. 2009-04 is hereby found and determined to be consistent with
the General Plan of the City of Santa Ana and otherwise justified by
the public necessity, convenience, and general welfare.
E. -This resolution incorporates by reference, as though fully set forth herein,
the Final Environmental Impact Report No. 2004-02, the Mitigation
Monitoring Program, and the Statement of Overriding Considerations and
ordinance and resolutions which came before the City Council on June 20,
2005; and the Addendum to the Final Environmental Impact Report No.
2004-02 and the mitigation monitoring program which was adopted by
Resolution by the City Council on May 4, 2009 for this project.
Section 2. MacArthur Place South Mixed Use Specific Development District
(SD-76) is amended as set forth in Exhibit "A", attached hereto and incorporated as
though fully set forth herein.
All provisions of the Specific Development District which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the Charter of
the City of Santa Ana. Any such restatement of existing provisions is not intended, nor
shall it be interpreted, as constituting a new action or decision of the City Council, but
rather such provisions are repeated for tracking purposes only in conformance with the
Charter.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
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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 May, 2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the
attached Ordinance No. NS- to
Council of the City of Santa Ana on _
Council, do hereby attest to and certify the
be the original ordinance adopted by the City
and that said ordinance was
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published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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MacArthur Place South Mixed Use Specific Development District (SD-76)
TABLE OF CONTENTS
SECTION 1. Applicability of Ordinance
SECTION 2. Purpose
SECTION 3. Objectives and Policies
SECTION 4. Permitted Improvements
SECTION 5. Permitted Uses
SECTION 6. Conditionally Permitted Uses
SECTION 7. Development Standards
1. Maximum Density
2. Minimum Parcel Size
3. Overall Project
a. General Requirements
b. Building Setbacks
c. Building Height
d. Screening
4. Parking
a. General Requirements
b. Residential Components
c. Other Uses
5. Building Elevations
SECTION 8. Miscellaneous Standards
1. Landscaping
2. Signage
3. Common Areas
4. Public Art
EXHIBIT A
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MacArthur Place South Mixed Use Specific Development District (SD-76)
SECTION 1 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. The boundaries of the MacArthur Place South
MacArthur Place SouthMixed Use Specific Development District shall be
defined pursuant to Exhibit A (attached hereto and incorporated as though
fully set forth herein). MacArthur Place South Mixed Use Specific
Development District shall have two zones, Zone 1 and Zone 2, as
depicted in Exhibit A.
SECTION 2 PURPOSE
The Specific Development No. 76 (SD-76) 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, promoting and enhancing the value of
properties, and encouraging orderly development. This district is intended
to provide standards for areas located in a District Center and adjacent to
high capacity arterial streets.
SECTION 3 OBJECTIVES AND POLICIES
The MacArthur Place South Mixed Use Specific Development District is
located within the southeastern area of the City. The MacArthur Place
South Mixed Use Specific Development District encompasses a mixture of
office, restaurant, retail, hotel and residential land uses.
The following site development policies are designed to encourage greater
convenience, efficiency, excellence of design and visual appeal than is
typically achieved with usual residential and commercial development.
The policies of the MacArthur Place South Mixed Use Specific
Development District include the following:
• Uses shall be integrated within the overall MacArthur Place South
campus in terms of architecture, pedestrian orientation and
circulation, vehicular circulation, landscape and urban design.
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• Internal circulation shall separate customer traffic from loading,
delivering, and pedestrian traffic.
• Access to and from the adjacent arterial streets and highways shall be
limited, in order to ensure efficient and safe vehicular circulation.
• Adequate open spaces and landscaping shall be provided for all uses
and shall be integrated with building and parking areas.
• Awell-planned system of pedestrian linkages, enhanced with water
features, seating areas, and other pedestrian amenities, shall be
developed for convenient access between all uses developed on the
site.
• Walkways, parking and open spaces shall be provided with adequate
lighting for safe and convenient nighttime use.
SECTION 4 PERMITTED USES IN ZONE 1
The permitted land uses within Zone 1 shall be as follows:
1. Professional, business and administrative offices.
2. Museums, libraries and galleries.
3. Retail and Service Uses.
4. Restaurants, cafes, and eating establishments, other than those
specified in section 41-365.5.
5. Coffee houses, tea houses, and bakeries.
SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1
The following uses are permitted within Zone 1 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
1. Theaters.
2. Hotels.
3. Child care facilities.
4. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
use. Adult entertainment businesses shall not be permitted within Zone
1.
5. Establishments selling or serving alcoholic beverages.
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6. Banquet facilities, subject to development standards set forth in section
41-199.1.
7. Uses open between the hours of 12:00 midnight and 5:00 a.m.
8. Health Clubs.
SECTION 6 PERMITTED USES IN ZONE 2
The permitted land uses within Zone 2 shall be as follows:
Professional, business and administrative offices.
2. Museums, libraries and galleries.
SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2
The following uses are permitted within Zone 2 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
use. Adult entertainment businesses shall not be permitted within Zone
2.
2. Establishments selling or serving alcoholic beverages.
3. Banquet facilities, subject to development standards set forth in section
41-199.1.
4. Uses open between the hours of 12:00 midnight and 5:00 a.m.
5. Multi-family residential uses.
6. Live/work communities in compliance with the following standards:
a. Residential use is permitted only in combination with individual
work space in a manner which provides an integrated working
and living environment.
b. Alive/work unit shall be at least nine hundred (900) square feet
in size.
c. The residential component of a live/work unit shall meet the
following standards:
i. It shall have access to separate bathroom facilities,
including a water closet, a wash basin, and a bathtub or
shower.
ii. It shall have separate kitchen facilities including a kitchen
sink, cooking appliances and refrigerator. All such
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facilities shall have a clear working space of at least thirty
(30) inches in front.
iii. It shall comply with all Housing Code requirements as
modified by section 8-2700 of this Code.
iv. In-unit laundry facilities shall be required.
v. No residential component shall be permitted on the
ground floor of the live/work unit.
7. Outdoor Farmers Markets.
8. Full service cafes and restaurants, which may include incidental take-0ut
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.
9. Coffee houses, tea houses, and bakeries.
10. Health Clubs.
11. Retail and service uses.
12. Hotels
SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2
The following general development standards are applicable to this project:
1. Maximum Development Intensity
Consistent with the General Plan, the maximum residential density
allowed for the site shall be 90 dwelling units per acre within SD-76.
The maximum floor area ratio for other permitted uses shall be 1.0.
2. Minimum Parcel Size
The minimum parcel size shall be 2.5 acres.
3. Overall Project
The development plans and material samples shall be submitted to
and approved by the Planning Commission pursuant to Section 41-
593.4 prior to issuance of any building permits.
a. Building Setbacks
Setbacks are established to enhance pedestrian space
throughout the district, create compatible relationships between
existing and future building elevations, and recognize
opportunities to create new open spaces such as plazas, pedestrian
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ways and landscaped areas. Major setback conditions are
discussed below by street:
i. Main Street:
All projects shall maintain a building setback of 15 feet.
Entry steps to residential units may encroach into this
setback area in order to provide a transition between public
and private spaces.
ii. MacArthur Boulevard:
All residential projects shall maintain a building setback of 15
feet. Entry steps to residential units may encroach into this
setback area in order to provide a transition between public
and private spaces.
iii. Sandpointe Avenue:
All projects shall maintain a building setback of 10 feet.
Entry steps to residential units may encroach into this
setback area in order to provide a transition between public
and private spaces.
iv. Hutton Center Drive:
All projects shall maintain a building setback of 10 feet.
b. Building Height
The building height of a project shall not be approved where the
Federal Aviation Administration (FAA) has determined such
height to be a hazard to air navigation.
c. Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
a. General Requirements
i. Parking shall not encroach into required setbacks at grade.
Parking structures below residential buildings shall not
encroach within required setbacks along Main Street or
MacArthur Boulevard.
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ii. Parking structures that incorporate trash enclosures shall
maintain sufficient vertical clearances to facilitate trash truck
access.
iii. Glare from the parking structure lighting shall not be visible
from any public right-of-way.
iv. The ceiling of all parking levels shall be painted white and be
maintained to improve illumination and enhance safety within
the parking structure.
v. The parking structure shall comply with the Santa Ana
Municipal Code sections pertaining to the Police
Department's Security requirements, including parking lot
lighting levels.
vi. The parking structure shall comply with the Santa Ana Police
Department's parking structure design guidelines.
b. All uses shall comply with the parking provisions outlined in
Chapter 41 of the Santa Ana Municipal Code (SAMC).
5. Landscaping
Prior to issuance of any building permit, a detailed Landscape Plan
shall be submitted to and be approved by the Planning
Commission.
6. Si na e
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 for the parking structure, shall
be submitted to and be approved by the Planning
Commission.
7. Public Areas
Prior to issuance of any building permits, a detailed plan of the public
areas shall be submitted to and approved by the Planning
Commission.
a. Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved by
the Planning Commission.
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b. The public areas shall incorporate seating, benches, street
furniture and landscaping to provide visual interest and
additional amenities within the public areas. All seating,
benches, street furniture surfaces, pedestrian-level walls and
similar amenities shall be made of a durable material such
as concrete or painted iron and be designed to minimize
effects from vandalism, skateboarding and weather and
incorporate graffiti resistant coatings.
c. Pedestrian amenities shall be provided such as lighting,
planters, drinking fountains, unit pavers, and bicycle racks.
d. Trash receptacles should be located in high-activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other public areas' furnishings.
e. The property shall be maintained free of graffiti. All graffiti
shall be removed within 48-hours of occurrence.
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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 GRAND PLAN 2, 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, on
April 13, 2009, tied 3-3 on whether to recommend approval of this Amendment to
Development Agreement.
D. 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 MacArthur Place
South 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.
E. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
F. The previously adopted and certified Final Environmental Impact Report
(EIR) for the Nexus Project, No. ER 2004-02, and its Addendum have been approved and
certified by this Council by resolution simultaneously with the introduction of this
ordinance.
G. The proposed project will not adversely affect the General Plan, as is
expressly set forth in the Request for Council Action dated May 4, 2009, together with
Ordinance No. NS-
Page 1
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all supporting documents, including but not limited to proposed resolutions, which are
incorporated herein by this reference.
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.
SECTION 3: This ordinance shall not be effective unless and until Resolution No.
2009-XXX is adopted and become effective. If said resolution is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, or
otherwise do not go into effect for any reason, then this ordinance shall be null and void
and have no further force and effect.
SECTION 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
Ordinance No. NS-
Page 2
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 3
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EXHIBIT 1
(replace with separate Word file called
"3rd amendment to Development Agreement Hotel 2")
Ordinance No. NS-
Page 4
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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
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
THE GRAND PLAN 2, LLC
Dated: , 2009
Ordinance No. NS-
EXHIBIT 1
11 B-17
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA, and
THE GRAND PLAN 2, LLC
This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third 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 THE GRAND
PLAN 2, LLC, a California limited liability company ("GP2").
1. Reference to Facts. This Third Amendment is entered into with reference to the
following facts:
1.1 Capitalized terms not defined herein shall have the meaning set forth in the
Development Agreement.
1.2 The Grand Plan 1, LLC, a California limited liability company ("GP1") and
The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City,
on the other hand, entered into that certain Development Agreement dated August 4, 2005 and
recorded in the Orange County Official Records on July 21, 2005 as Instrument No.
2005000565108 (as amended, the "Development Agreement") pursuant to which, among other
things, Owner (as defined in the Development Agreement) was granted the vested right to develop
a mixed use Project with residential condominiums and office/commercial/retail uses, as more
particularly described therein. GP2's current rights and obligations under the Development
Agreement include the Condo/Office Project and Retail Project Elements of the Project, which are
the subject of this Third Amendment.
1.3 A First Amendment to the Development Agreement by and between the City,
GP2, NDC Skyline Associates, LLC and Integral Communities I, Inc. (the latter two being
assignees of GP1 and GP2 as applicable) was executed on or about July 7, 2008 and recorded in the
Orange County Official Records on July 22, 2005 as Instrument No. 2008000349227.
Simultaneous with its consideration of this Third Amendment, the City Council of the City of
Santa Ana is considering a proposed Second Amendment to the Development Agreement, which is
concerned solely with consideration of separate requests for the City to approve rental use (as
opposed to for-sale condominiums) of the Lake Tower Element and Integral Project Element of the
Project.
1.4 The original Development Agreement and Entitlements (i) described the
Condo/Office Project Element of the Project as consisting of a six (6) story tower consisting of
fifteen (15) for-sale residential units on four (4) floors and approximately ten thousand (10,000)
square feet of office use on two (2) floors, and (ii) described the Retail Project Element of the
Project as consisting of approximately thirteen thousand eight hundred seventy-one (13,871) square
feet of commercial space, including approximately eight thousand five hundred eighty (8,580)
square feet of restaurant and approximately five thousand two hundred ninety (5,290) square feet of
retai 1.
1.5 In lieu of the Condo/Office Project and Retail Project, which Elements are no
longer part of the Project, GP2 seeks approval of a Hotel Project. For purposes of this Third
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Amendment, the "Hotel Project" shall consist of a new 185 room, 100,000 square foot, four-story
(approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and
MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the parking
structure located on Orange County Assessor's Parcel No. 411-081-22 (also known as the
Teacher's parking structure) during certain specified hours of the week.
1.6 Approval of the Hotel Project will result in the need to relocate the Cinema
Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that
development of the Cinema Tower will require GP2 to submit a new application to the City for site
plan review for the proposed new location of the Cinema Tower, which must be reviewed and
approved by the City's Planning Commission.
1.7 In connection with the foregoing, GP2 and the City now desire to amend the
Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and
conditions of the Development Agreement, as amended.
2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the
right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined.
3. Modification of Certain Provisions. The Development Agreement is hereby amended
and supplemented in the following particulars:
3.1 Section 1.1(1). The phrase "office/commercial/retail uses" appearing in
Section l.l(1) of the Development Agreement is hereby amended and restated to read as "hotel
uses with ancillary retail/restaurant uses."
3.2 Section 2.13. The entire section is deleted and replaced with the word
"Reserved."
3.3 Section 2.23. The entire section is deleted and replaced with the word
"Reserved."
as follows:
3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read
"'Hotel Project' is defined in Section 2.43."
3.5 Section 2.21. This section is hereby supplemented by adding the following
after the first sentence appearing therein: "The Project also includes a new 185 room, approximately
100,097 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the
corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and
GP2's parking rights in structure located on Orange County Assessor's Parcel No. 411-081-22 (also
known as the Teacher's parking structure) during certain specified hours of the week, as set forth in
detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment No.
2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review No.
2008-235 (including the Addendum to the Final Environmental Impact Report for Environmental
Review No. 2004-02). Entitlements shall also include the City approvals for the Hotel Project set
forth in detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment
No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review
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No. 2008-235 (including the Addendum to the Final Environmental Impact Report for
Environmental Review No. 2004-02).
3.6 Section 2.43(2). The section is deleted and replaced by the following:
"A new 185 room, approximately 100,097 square foot, four-story
(approximately 57.3 feet above grade) hotel to be located on the
corner of MacArthur Place and MacArthur Boulevard served by 133
surface parking spaces, and GP2's parking rights in the structure
located on Orange County Assessor's Parcel No. 411-081-22 (also
known as the Teacher's parking structure) during certain specified
hours of the week (the `Hotel Project')."
3.7 Section 2.43(4). The entire section is deleted and replaced with the word
"Reserved."
3.8 Section 2.43 (senerally~. The final sentence appearing in this section (i.e., the
sentence beginning with the phrase "Each of the Lake Towers ... ") is deleted and replaced with the
following:
"The Lake Towers, the Cinema Tower, the Hotel Project, and
the Integral Project are each an `Element."'
3.9 Section 2.52. The entire section is deleted and replaced with the word
"Reserved."
3.10 Section 2.55. The following is added to this section:
"The City and GP2 agree and acknowledge that the final location of
the relocated Cinema Tower has not been determined. This is other
issues related to its relocation shall be resolved by submission of an
application by GP2 for Development Project Plan Approval pursuant
to Division 3 of Article V of Chapter 41 of the City's Municipal
Code, which shall be processed pursuant to said Division and Section
41-593 et seq. of the City's Municipal Code."
3.11 Section 5.1.11. The phrase "Restaurant Portion" appearing in Section 5.1.11
of the Development Agreement is hereby amended and restated to read as "Hotel Project."
3.12 Exhibit B (Public Art Plan). The second to last sentence of paragraph 2 of
Exhibit B of the Development Agreement, as previously amended in the First Amendment to the
Development Agreement (beginning with the phrase "Owner shall have committed..."), is deleted
and replaced with the following:
"Owner shall have committed, by written contract, to expend not less
than One Hundred Twenty-Five Thousand Dollars ($125,000) in
connection with the Public Art upon the issuance of a certificate of
occupancy for each of the following: (i) Lake Towers, (ii) Cinema
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Towers, (iii) Integral Project, and (iv) Hotel Project, but in no event
exceeding an aggregate of Five Hundred Thousand Dollars
($500,000)."
Full Force and Effect; Countemarts. Except as amended herein the Development Agreement
shall remain in full force and effect in accordance with its terms. This Third Amendment may be
executed in any number of counterparts, all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Third Amendment has been executed by the City of Santa
Ana and The Grand Plan 2, LLC.
Dated this day of , 2009.
"CITY"
THE CITY OF SANTA ANA, a charter city and
municipal corporation duly authorized under the
Constitution and laws of the State of California
By
DAVID N. REAM
City Manager
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
Approved as to Form:
By
JOSEPH W.FLETCHER
City Attorney
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"GP2"
5/27/2009 7:02 AM
3rd amendment to development agreement hotel3.doc
THE GRAND PLAN 2, LLC, a California limited
liability company
By -
Name
Its
11 B-22
STATE OF CALIFORNIA
COUNTY OF
ss.
On before me, ,Notary Public,
personally appeared ,who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(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 OF NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF
ss.
On before me, ,Notary Public,
personally appeared ,who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(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 OF NOTARY PUBLIC
3rd amendment to development agreement hotel3.doc
5/27/2009 7:02 AM
7
11 B-23
11 B-24