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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY - 2002r T, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ATTN: Clerk of the Council A- 2002 -083 rj��: {„ ;� s i�Ei �� r_> r r;C. �t.i.•.9'y' ..� f i; _:7��j�' I ., t I r I A8 1! .ril li I�ei is ril tr t•. l; 31�, ti !:il U :� 1V r,ql FREE RECORDING GOVERNMENT CODE § 6103 SECOND AMENDMENT TO VI DEVELOPMENT AGREEMENT i THIS AMENDMENT is made and entered into this 6th day of May, 2002, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City") and DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California non - profit corporation ( "Developer "). A. 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 Developer in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. B. The parties hereto have previously entered into a Development Agreement dated May 5, 1997, recorded as Document No. 19970428804 with the Recorder of the County of Orange, and further entered into a "Development Agreement Amendment" dated July 20, 1998, recorded as Document No. 19990055323 with the Recorder of the County of Orange, (hereafter collectively referred to as the "Development Agreement "). C. The City and Developer wish to further amend the Development Agreement between the parties to provide for construction of a warehouse with ancillary office use as part of Phase H as defined in the Development Agreement. D. The City and Developer additionally wish to amend the Development Agreement to ensure completion of placement of the cladding or skin on the "theme cube" prior to the opening of the parking garage which is to be constructed as part of Phase 11. E. The parties hereto acknowledge the following: 1 f T (1) This Amendment is intended to assure adequate public facilities at the time of development. (2) This Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. (3) This Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Amendment represent benefits which would not otherwise be required as part of the development process. F. On March 25, 2002, 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 Developer's application for this Amendment. The Planning Commission recommended to the City Council of City that it execute this Amendment. On April 15, 2002, the City Council of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public hearing to consider the Developer's application for this Amendment. This Amendment pertains to the Property as described in Exhibit "A" to this Amendment. Section 4 of the Development Agreement is hereby amended to read as follows: 4. Permitted Development/Phasing As the material consideration for the granting of the vested rights under this Agreement by the City, the Developer agrees to construct on the Property the particular development described in Exhibit C attached to this Amendment (the "Development'). As to all Phases of the Development, all applications to be 1 T submitted, and all construction to be carried out, shall be in accordance with Specific Development No. 65, City of Santa Ana Development Plan DP 96 -27 and 00 -49. CUP 2001 -24 and Variance No. 97 -03. If Developer submits applications for any use of the Property other than one that complies in all material aspects to Specific Development No. 65, DP 96 -27 and 00 -49. CUP 2001 -24 and Exhibit C, this Agreement shall terminate and all development shall be subject to codes and standards in effect at that time. In addition, Developer shall be responsible for the following: a. Screening of roof -top equipment on the existing main building, which shall be completed by Developer note later than issuance of a certificate of occupancy for the expansion space (Phase II), or eighteen (18) months from execution of the amendment to the Development Agreement, whichever comes first; provided, however, that the eighteen (18) month deadline will not apply if construction on Phase II begins before the eighteen (18) month deadline, and continues unabated until complete. b . Installing and maintaining landscaping portion of Parcel 5 adjacent to future City bikepath pursuant to approved landscaping plan, both before and after construction of the fourteen foot (14') bikepath (ten foot (10') bike plus two, two foot (2') curbs). C. Submission, implementation and maintenance of a City- approved grading plan for the City bikepath easement (as shown on Exhibit "A ") for the period before installation by the City of the bikepath. d. Submission, implementation and maintenance of a City- approved grading plan for the non - hardscaped portion of the City bikepath easement (as shown on Exhibit "A ") and maintenance of the retaining wall supporting the bikepath for the period after construction by the City of the bikepath. C. Repair and restoration of any landscaping as shown on approved landscaping plan which is damaged by the City's Public Works Agency in the exercise of its storm drain easement along the twenty -three feet (23') of the east property line of Parcel 5. f. Install and maintain cladding on remaining five (5) sides of the "theme cube." Developer further agrees that it may not apply for a certificate of occupancy for the parking garage or warehouse with ancillary office use until it completes the "theme cube" by cladding the remaining five (5) sides of the cube with City approved materials, and that the City may disregard and discard any purported application for a certificate of occupancy for these occupancies of Parcel 5 until the cube is complete. g. Developer shall design, construct, maintain, repair and replace as necessary, a retaining wall along the eastern portion of its property to maintain the integrity of Broadway Street. The exhibits to this Amendment shall supercede and replace the exhibits to the Development Agreement. Except as necessary to implement the intent of this Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. Section 8 of the Development Agreement is hereby amended to read as follows: 8. Environmental Review/Mitigation Monitoring Plan. In connection with its approval of the Development and this second amendment to the Development Agreement, in addition to the originally certified Final Environmental Impact Report No. 96 -01 ( "EIR "), an addendum was prepared. The EIR, including its addendum, was again certified by the City Council on April 15, 2002. Developer agrees to implement all those mitigation measures set for in the Mitigation Monitoring Plan attached here as Exhibit D. 011111 l I - ••••• au u -• Section 3.(a) of the Development Agreement is hereby amended to read as follows: 3. Term. (a) Unless the term is otherwise modified or extended by the parties as set forth in this Development Agreement, the term ( "Term ") of this Development Agreement is fifteen (15) years from the Effective Date (defined below), subject to termination as hereinafter provided. Subparagraphs 3 (b) through 3 (d) to the Development Agreement are not amended. The parties to this Amendment further agree that the Effective Date of the Development Agreement, set forth in paragraph 22 therein, is unaffected by this or any other Amendment to the Development Agreement. M IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. ATTEST: CA Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Assistant City Attorney 5 CITY OF SANTA ANA, a charter city and municipal corporation BY�� David N. Ream City Manager DISCOVERY Gam, a California non - profit corporation Title: Ile b G -or CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of �fizU�D/2N�,4 County of On ," Z u � ��0 �- before me, IA i,�_1,%L' X J;4Ve -- le,4 Date AW/0 Nam and Title of Officer (e.g., "Jane Doe. Notary Public ") personally appeared /,f/. Name(s) of Signer(s) Vp' ersonally known to me – OR – prOved to we an the basis of satisfactory evidence to be the person* whose nameN is/No subscribed to the within instrument and acknowledged to me that he/We /if)9y executed the ,�,, .:.._.... same in his /rW /tli(f authorized capacity(t9Q, and that by NANCY SAVE his /I'q�t- /tt*r signature on the instrument the person c), COMMISSION #1 55155 or the entity upon behalf of which the person(s) acted, 2 Notary executed the instrument. _ � ORANGE COUNTY p My commission Expires Lill, MARCH 28, 2004 - WITNESS my hand and official seal. ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �E� �.Lt�i T /J�1/GLIi�tilEiu� �f�rc�trT Document Date: /�!�� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: "dividual Corporate Officer Title(s): ❑ Partner—! Limited ❑ General ❑ Attorney -in -Fact Trustee Guardian or Conservator Other: I Top of thumb here Signer Is Representing Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): -J Partner — ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee �Top ❑ Guardian or Conservator ❑ Other; of thumb here Signer Is Representing . .yr-:�,' .,�,�.;�� "; -' ':..t,,• �'�;<. , t�% C;'-.^. r= �`"<.; c", �. !' -; Y�. r, �, �:.,`!'- 1JC.:- (. �' �C.' G.;' ��' �> CC:` �" C.` �; tC :'�= C.�CJr- 'tir= ..'t- t.';"i.;t' - t..�,_;i;r -, ..'��.. '<:t:: > „i�;,.. © 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 T CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of C°-AL, i lG County of 02lG�- On before me, Z_ //V'/)'q S wew, /VCT,kk r pulwi U Date Name and Title of Officer e. �/ ( g., "Jane Doe, Notary Public ") personally appeared 1< �,?E/J j-(_) j-) ^j Z6'J Name(s) of Signers) ❑ personally known to me [�Tproved to me on the basis of satisfactory evidence to be the person(sf whose name are subscribed to the uNDAS. WCt, within instrument and acknowledged to me that h sh hey Commission # I. Z executed the same in hi /their authorized capacity(ils), Lia. Notary Pubic - Cciifomia and that by his�e heir signature(s) on the instrument thgg Orange county person,(), or the entity upon behalf of which the person() _! f(Ayc°mm'Fxes Jan lz= acted, executed the instrument. WITNESS my-444nd and official seal. Signature of Notary Public OPT16NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SF(_1c KU:) A- NiFND Ms=NT To ��EV��c pig [ I Cs2��MEcu I Document Date: MA`( 6 • Znc Z Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual C- Corporate Officer Title(s): PRes t I:> Era C" ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other; I Top of thumb here Signer Is Representing Signer's Name: El Ll El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •. • 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 T .i' % N O g5j R/ y ,�o .9 Parcel 5 l OWem Drive Ni'45'36 "W / _262.61' N88'14'42 -W 7.00' —' — _ _ _ _ 627.37' A=00108'42- ��Westerlyprolongation of the centerfine N8814'42'W L =37.75' of Owens Drive per OR 19970556588 �� 1028.31' 74.04 14 N8814'42`W d� R=4 30 34 136.,' per OR 19970556588 9y .y i Scale 1' - 80' ILI \67 La101.83' �S\ A6 `O\ v 0i 015 c '7' a��3.'�r,�s�s AN 9 0 Prepared under the direction of- e Gerald D. Masgoi LS 3786 License expires 613 %4 Parcel 5 1.421± Acres. 1 I 45' varies a ;I 0 tO N a] wu n� 4! Ln- Ln- c W to 0 o` v "m O u" na c I a E Zn C C N w E n r i - - - -- LAND SU D L.S. 3786 EXP. 6/30/2004 P C ALI o4� 16795 Von Karman, Ste. 100 jT j ,l cn 1l Irvine, California 92606 M: \Napping \475 \01 \EP2000 \ROS01.dwg TAB PARCEL 5 EXHIBIT G Page 1 of 4 0 W v 0 c z O 11111111111111!tA EXHIBIT "A" DISCOVERY SCIENCE CENTER PARCEL 5 IN THE CITY OF SANTA ANA COUNTY OF ORANGE, CALIFORNIA 0 Parcel 5a W L�aj 0"M Drive ° N1'45'36 "W Z r _262.61' N88'14'42 "W 7.00' _________ 627.37' �ELj A=00'QB'42 `— Westerly prolongation of the centerline N88'l4'42'W gyp/ L-37.75' of Owens Drive per OR 19970556588 � 1028.31' N88'14'42 "W 1 N8874'42W O 4'0'' — J ,R 334 - - -- _ ,,yam \ - 402.11 ' L`101.83 136.38 f 5.16' 6 per OR 19970556588 \\ °� vi \ !� ry 0 d `s O \ O�SS�Ts \\�S W N o o� U*j t m` _ Q N W C w O cli Ln z o � a u u _ \\ y� 0. b�. ��, {{ N a3 n E0 \ m o 0 E j 9 N Scale 1' - 80' Prepared under the direction of- Gerald D. Mosgci LS 3786 License expires 6130104 FUSCOE ENGINEERING 0 TPM 5a "v LIkNDSU D L.S. 3786 EXP. 6/30/2004 N Q. OF CAL1"iG4� 16795 Yon Barman, Ste. 100 Irvine, California 92606 Phone (949) 474 -1960 FAX (949) 474 -5315 Al: \Mopping \475 \01 \EP2000 \R0501.dwg TAB PARCEL 5a page 2 of 4 r ! 1101,14 Varies N '0n n 1 N v, Cd nit O 2k; �n Zr� f CV IY v I EXHIBIT "A" DISCOVERY SCIENCE CENTER PARCEL 5a IN THE CITY OF SANTA ANA COUNTY OF ORANGE, CAUFORNIA s Parcel 5b Owens Drive N1'45'36 "W _ _262.61' N88'14'42 "W 7.00' 370 75? �— Westerly prolongation of the centerline N8814'42 "W — — of Owens Drive per OR 19970556588 h ♦4 N88'14'42 "W - -- g5% t�oa ♦ 74.04' / / ♦ --- N88'1 4'4)"- k�0'5 r%", ♦ _l ` 30'34" — >t----- - - - - -- — y ♦. �5� ♦ / L 2.11 ' 136.38' f 55� ♦ \ �s7s 101.83 • per OR 19970556588 J - -- R $40 ♦♦ a J 627.3 1028.31' y �`♦ A° \w Rad op \ ♦��.OS�ys �45 Varies ��, 9 it . �.��, 60 S0 t. lai o m N � • iq w u � 4i ♦ ?J, i- N o n wi 1 ; 5 I ni," tI- ♦ N N W CO M V 1a � uy G N W VI ♦♦ ♦ ..- 3 w 3 io n °nom° W) 3 I O IZ `o u n' 0 `+ y th W 3 3 c . `♦ N C pN ♦ in io n „�� z p r,, a ♦ zzz InE'a 1 — E C z�. rq \ n Z 1 1 E I v ♦\ Z Z Z I w TPOI3 5b ` r I "W yS N80'27'16 "E N36'27'59 23.64' S Parcel . p 7251 SO. FT. X11 Ot'14" 1 9 d o c Lj scale 1' - 80, O Z Z Prepor under direction of- Gerald D. Mosgai LS 3786 License expires 613 %4 FUSCOE ENGINEERING �9 L AND SU D �L�f LS. 3786 EXP. 6/30/2004 N Q. CALtF��� 16795 Von Barman, Ste. 100 Ir&e, California 92606 Phone (949) 474 -1960 FAX (949) 474 -5315 Al. \Mapping \475 \01 \£P2000 \R050f.dwg TAB PARCEL 5b Page 3 of 4 W 0 a� z EXHIBIT "A" DOCOVERY SCIENCE CENTER PARCEL 5b IN THE CITY OF SANTA ANA COUNTY OF ORANGE, CAUFORNIA Bicycle Path Easement O ma Drive Nt'45'36 "W _262.61' N88'14'42 -W 7.00' EL °a 4=00'08'42 �_ _ _ _ _ 627.37' y1 / Westerly prolongation of the centerline N88'14'42 "W ,y1 1028,31' L= 37.75' of Owens Drive per OR 19970556588 \ N88- 14.42 -W 7404N- 88'14.3'4- 82 'W 14 1- 6- 7 ___ — 38 02 1 1 , <6y Cm 101.83' 5 per OR 19970556588 \\ OP \\O 9 \*0 U. I 45' Varies oI� M 04 9 \� N1N lLJ \ ^ N p � � a �na7^ p.L tn:r \ \ \\ Of C7 \ iA M M th O W M 3 gOQn,J � Co0N 4 O Co * N Z M .p a� \\ N h Y M 1 N „�� Z P t o app N , 4 i a 7 1'27"W Z N \\ Z Z Z Z j0 ZZ Z Z I wE �i N88' 8.78' 9 �� �I Q I 5' I p 11'01'14 � Bicycle Path -9 0.070± Acres. 3 w I Scale T - 80' o n tip L AND SU �5 D. Prep or under a direction of- LS. �w�4Qy L.S. 3786 EXP. 6/30/2004 Gerold D. Mosgoi LS 3786 License expires 6130104 9�c�' of CALt�p4 FUSCOE ENGINEERING 16795 Von %arman, Ste. 100 Irvine, California 92606 Phone (949) 474 -1960 FAX (949) 474 -5315 A4. \Mcpping \475 \01 \EP2000 \ROSO1.dwg TAB Blcyde Path Easement page 4 of 4 EXHIBIT "A" W 0 a ri 0 o •R4! z DISCOVERY SCIENCE CENTER EASEMENT IN THE CRY OF SANTA ANA COUNTY OF ORANGE, CALIFORNIA I r , , EXHIBIT C SCOPE AND PHASES OF DEVELOPMENT Shaded text is addition text is deletion Scope of Development: Science center and ancillary uses as defined by SAMC Section 41 -122. Phase I: Site: 3.5 acres Existing Structure: 40,000 square feet Expansion Area: 19,205 square feet Total Phase I: 59,205 gross square feet Other Features: Fuliy clad exterior cube with neon' light bands 3,500 square feet dining area Gift shop Office and exhibit storage space Parking Required: 169 automobiles Parking Provided: 173 automobiles Bus drop off area Off -site bus parking Phase II: Site: 1.9 additional acres (Total 5.45 acres) Maximum Additional Uses and Construction: 33,000 30,008 square feet of exhibit area, Dining and administrative offices 350 seat theater (18,OOQ 10,009 square feet) Off ce" and Warehouse 15,520 square feet Total maximum new construction: 66,547 49,000 square feet Maximum Total Build -out (I & II): 125,725 99;2055 gross square feet 1r.DP 00 -49 Scope and Phases of Development 1192 z118b J N8.1 \\ • .h'• - _- _ � �/ � � 1 � \ .1181 _- zN8 -1 )\xN _ �•'. �+r- �-_ i 11]1 -- tl -'hiss o'rm---'i -- - T - . - _____ r .111.1 4' b .NBb e6 o • ',� ( I � ,' I � �(• I 11 it F J .u).1 I .1` .118.6 -�' .117.6 / tt 4 u W \I z11716 I i 3�! uj ui =u.= Wook cc W d . 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Exhibit C Page 11 of 18 E` i t I I I I 1 S N O b y }!y 4 N V v�N W � 3 V o � Wpb d,� n d y N QQ�� °o b w O O 11M 2 0 0 0 •� o h eZa�t 4 by W ,m I Wood �A . _ '4 y . a, W 4 I I I I 1 S N O b y }!y 4 N V v�N W � 3 V o � Wpb d,� n d y N QQ�� r � C a e ' i!E Exhibit C Page 12 of 18 l 4 1 I I I i (C US 0 O 0 0 2 W a 0 d 2 4 m J w Q y Q � 4 j y Q 4 O t; O 2 3 z , W ~ y yZ C�2�z z PC �Q Q h Z 4 Vl O b pp � O J N H 4 0 � � t W� 4 c1as� QQ3� 0 K A O ° O 0 z 4 C ti Z va W RR Zt n , c, W T W ® 1 1 Wx4 �~ cm 1 � � V4ijZ to �t - - - - - -- mil` aQ � Q 1 0 'I "g a 0 y O 0 b :a W � J a y a 2 y W 4 3 Exhibit C W A Page 13 of 18 d N h i � 0 S ED v b °o �I' ,,vI Iya o a° m � y j 2 r • I a -- ----- -- h 4 - j Q � � h W 'Jm ltzz VO�x LCA ;4 y aC Q � 4Z 4 4 1 I q O O q W p o O Exhibit C V a Page 14 of 18 cc arhl Exhibit C Page 15 of 18 e m O 0 2 v� d 0 0 2 O J j Co VJ W � Z �s 4 Oy O aC y v W Q 3y � yi V Ufa va a W4�~ V�aZ ,� 2y V 4qZ Q � h i . 4 n` � a y °a Q V n Z Oe� Wo8 A � = 0 4 , | | ■ , ° ° k | | | § 9 | | | B | | |§ | | | |pill | 2 �| ■| � | % � h� �� ■ |� |2 2 . | ® m � . § 2 z j / � � ■, � � L4 k ■ �� � t� W§ � §■ iii � kk k§|m 2i ra��a wow- .�, � � | ` � f �| k p ■! ■� \ ��i ■ §| § ( \ Id kER / \ ` Exhibit Cc #a e16 of , 7 CC . . . . § T | § ■ 9 t ` �������� |� |�k § ■ � I \ \ ƒ ■ � � ■. § � k W � k L4 E��, U■ k� � %��•■ NIL % |� 2 - k a k )a \§ �kq k§% § %k Exhibit C 2 §2/ Page 17 of IS Q i§ CL L uUJ e= ¥ :Q o >uaze S3 /9R || K % 2! -Of ®O3g3 ' | |� !| r m�u�� ■■ 4 ' | - ' |§ | | . |- :. ; ■ | ;- _` _ z� ¥ T-.S; | uj �E ° || | §^ ■; �t ° \ q � e � § }� \ I k � | � _ § � � ■ ƒ � - ! c - § Of || | � • § f B o 2! � | j� uj ! 2 ƒ �- � 4 � S° { }� ■ � \ \ | � ■, � \ � _ : { T ) | Exhibit C k Page 18 of 18 LSA ASSOCIATES. INC. MARCH 2002 ENVIRONMENTAL ANALYSIS AMENDMENT NO. 1 DISCOVERY SCIENCE CENTER ADDENDUM FEIR NO. 96-01 ENVIRONMENTAL ANALYSIS FOR AMENDMENT NO. 1 AMENDED AND RESTATED IMPLEMENTATION AGREEMENT AND ZONING CODE AMENDMENT AFFECTING SD65 FOR PHASE II DISCOVERY SCIENCE CENTER (DSC) PHASE II DEVELOPMENT REQUEST The proposed project consists of an amendment to the Project Implementation Agreement for the Discovery Science Center (DSC), Amendment of the Specific Development No. 65 (SD65) zoning requirements, and a revised site plan for DSC Phase 11 development. BACKGROUND The DSC project is a two parcel site composed of one 3.5 acre site and one 1.95 acre site, tobe connected by a bridge, located in the northern portion of the City of Santa Ana. The DSC project is subject to SD65 and a development agreement. SD65 and the development agreement provide for the development of up to 95,000 square feet (sq ft) of science exhibit space, office, retail, a 350 seat theater, and parking uses within DSC. The Final Environmental Impact Report (FEIR 96 -01) was prepared to analyze potential project related and cumulative impacts associated with implementation of the DSC project and was certified in connection with the adoption of the development agreement and SD65, which serves as a specific development plan and zoning document for DSC. FEIR 96 -01 analyzed the entitlements for DSC up to 95,000 sq ft of exhibit space, a 350 seat theater, and ancillaryuses. FEIR 96 -01 identified a number of mitigation measures to reduce potentially significant impacts to a level considered less than significant. Additionally, FEIR 96 -01 determined that implementation of the DSC project would result in unavoidable adverse impacts in regard to parking during special events, noise during construction if piledrivers are to be used, noise at any outdoor facility, if any, and at outdoor parking. A Statement of Overriding Considerations was adopted by the City of Santa Ana to address the unavoidable adverse impacts associated with the DSC project. PROJECT DESCRIPTION The proposed amendment would increase the development potential for the project from 95,000 square feet of exhibit and ancillaryspace with a 350 seat theater to 109,500 square feet of exhibit and public space, a 275 seat theater, and a separate cffice and storage building attached to the parking structure totaling approximately 14,600 sq ft. Implementation of the proposed amendment would exceed the maximum allowable development area permitted in SD65; therefcre, SD65 is required to be amended. HAROBBTILES\lmend l dsc revl.doc 03/07/02» EXHIBIT ➢ Page 1 of 17 LSA ASSOCIATES. INC. ENVIRONMENTAL ANALYSIS MARCH 2002 AMENDMENT NO. I DISCOVERY SCIENCE CENTER The existing facility is a 59,205 sq ft building footprint interactive science learning center and offices with 92 parking spaces on site. The proposed Phase II project is a three stay expansion of the main building with a large format theater (]MAX type) with digital displaydome, additional exhibit areas that double as classroom facilities, expanded diningand retail areas, and a parting structure and connecting bridge at Broadway and Main Place Drive. The project would include the following: 1) a 275 seat theater, 2) an office- warehouse addition — 14,600 (gross) sq ft, attached tothe parking structure, and 3) apprcrcimately 38,000 (gross) sq ft of corridor /exhibit /classroom/theater staging area space. Classrooms /conference areas are included in the exhibit space and Nill be used for either exhibits and/or demonstrations attached to permanent or traveling exhibits, as the need arises. Building heights are as follows: 1) theater /exhibit structure is prgDosed to be 106 feet, and 2) the parking structure is proposed to be a maximum of 27 feet with the office component at 40 feet. The parking structure is proposed to include 253 spaces. Surface parking at the primary site includes nine spaces. On -site bus parking and bus turnaround space are provided in front of the main entrance. A lighted bridge to accommodate vehicle traffic as v"ell as pedestrians is proposed to cross Santiago Creek, connecting the primary access drive from Main Street to the parking structure on a currently vacant property at Broadway and Main Place Drive. Provisions for a bike path connecting the existing bike path along Santiago Creek to a planned undercrossing of the I -5 Freeway are included in project design. No disturbance to Santiago Creek is proposed, as the bridge will be constructed prior to being placed over the creek and will be supported from the creek banks, with no need for pillars. Phase II also includes finishing the cladding on the unfinished sides of the cube icon. The proposed project is described as Phase 11 of the DSC and is detailed in Table A, belay. A revised site plan for the project has been prepared and submitted with the applications on file with the Planning and Development Agency (Exhibit 1). The above components of the plan are defined hereinafter as the Project. Table A: Phase II Expansion: Tectonic Cube Concept Square Footage FIRST FLOOR LOBBY 1790 S.F. TICKETS 170 S.F. CORRIDOR 1700 S.F. EXHIBITS 5480 S.F. SPECIAL EXHIBITS 5700 S.F. PANTRY 300 S.F. STORAGE 160 S.F. SERVICE CORR. 2300 S.F. STAIR 272 S.F. OFFICE 75 S.F. ELECT. RM. 225 S.F. SUBTOTAL INTERIOR 18172 S.F. NIISC. VOID & EXTERIOR WALL 1278 S.F. GROSS FIRST FLOOR 19450 S.F. SECOND FLOOR HAROBRTILES \Amend 1 dsc revi.doc u03'07/02» Page 2 of 17 2 LSA ASSOCIATES, INC. MARCH 2002 EXHIBITS 4290 S.F. CIRCULATION (including stair 1 & 2) 1320 S.F. STAIR #3 207 S.F. LOBBY 1920 S.F. CORRIDOR 75 S.F. LOWER PROJECTION 865 S.F. SUPPORT SPACES - THEATER 1650 S.F. CIRCULATION- THEATER 1415 S.F. SOUND/LIGHT LOCKS 420 S.F. SPEAKER ZONE 150 S.F. SNACK 180 S.F. SUBTOTAL INTERIOR 12492 S.F. MISC. VOID & EXTR WALL SPEAKER ZONE 6,284 S.F. GROSS SECOND FLOOR 18776 S.F. THIRD FLOOR EXIT LOBBY 690 S.F. AUDIO RACKS DIMMER 180 S.F. MECH. SHAFT 145 S.F. CORRIDOR 265 S.F. THEATER 3400 S.F. SOUND LIGHT LOCKS 370 S.F. STAIR #3 207 S.F. STAIR #4 100 S.F. MECH. SHAFT 435 S.F. CIRCULATION STAIR #5 425 S.F. MECHANICAL 2975 S.F. SUBTOTAL INTERIOR 9192 S.F. MISC. VOID & EXTERIOR WALL 611 S.F. GROSS THIRD FLOOR 9803 S.F. PROJECTION MEZZANINE: FOURTH FLOOR CORRIDOR 285 S.F. STAIR #3 207 S.F. UPPER PROJECTION 700 S.F. SUBTOTAL INTERIOR 1192 S.F. MISC. VOIDS WALL 1173 S.F. GROSS FOURTH FLOOR 2365 S.F. TOTAL OF INTERIOR SPACES 41048 S.F. ITOTAL GROSS BUILDING AREA 50394IS.F. H:'.ROBB`FILES \Amend I Ilse revl.doc 4(03107;02 >, Page 3 of 17 ENVIRONMENTAL ANALYSIS AMENDMENT NO. I DISCOVERY SCIENCE CENTER LSA ASSOCIATES, INC. MARCH 200' ENVIRONMENTAL ANALYSIS AMENDMENT NO. I DISCOVERY SCIENCE CENTER Parking required is provided in Table B, and parlang provided is detailed on Table C. Table B: Parldng Spaces Required Table C: Parking Spaces Provided PHASE I EXISTING - SURFACE PARKING LOT SQUARE RATIO PARKING SPACES (Includes 8 H.C.) FEET 48 PHASE I: NEW PARKING STRUCTURE - 2ND FLOOR 94 EXHIBIT SPACES NEW PARKING STRUCTURE - 3RD FLOOR 96 1ST FLOOR 11,930 1 SPACE / 200 S.F. 115 2ND FLOOR 11,164 TOTAL NEW PARKING STRUCTURE 253 SPACES 23,904 TOTAL PROVIDED 347 3 -1) LASER THEATER (Includes 16 H.C. 1ST FLOOR 1,600 1 SPACE / 200 S.F. 8 DINING AREA 1ST FLOOR 1,182 1 SPACE / 200 S.F. 6 COMPUTER RIvi. 2ND FLOOR 870 3 SPACE/ 1000 S.F. 3 OFFICES 2ND FLOOR 8,906 3 SPACE / 1000 S.F. 27 PHASE II: THEATER 275 1 SPACE / 3 SEATS 92 SEATS EXHIBIT SPACES 1ST FLOOR 11,180 2ND FLOOR 4,290 15,470 1 SPACE / 200 S.F. 77 PHASE II OFFICE/WAREHOUSE: WAREHOUSE: 1ST FLOOR 6,394 1 SPACE / 1000 S.F. 6 OFFICE: 2ND FLOOR 2,930 3 SPACE / 1000 S.F. 9 TOTAL REQUIRED 343 (INCLUDES 8 H.C. SPACES REQUIRED PER CBC TABLE 11 B -6 & SECT. 1129B.1) Table C: Parking Spaces Provided PHASE I EXISTING - SURFACE PARKING LOT 94 SPACES (Includes 8 H.C.) NEW PARKING STRUCTURE - 1ST FLOOR 48 SPACES NEW PARKING STRUCTURE - 2ND FLOOR 94 SPACES NEW PARKING STRUCTURE - 3RD FLOOR 96 SPACES W PARKING STRUCTURE - 4TH FLOOR 15 SPACES TOTAL NEW PARKING STRUCTURE 253 SPACES (Includes 8 H.C.) TOTAL PROVIDED 347 SPACES (Includes 16 H.C. H \ROBB'FILES \Amend I dsc revl.doc «03/07/02» Page 4 of 17 0 LSA ASSOCIATES, INC. MARCH 2002 ENVIRONMENTAL ANALYSIS ENVIRONMENTAL ANALYSIS AMENDMENT NO. 1 DISCOVER \'SCIENCE CENTER Section 15162 of the CEQA Guidelines provides the appropriate thresholds for a Lead Agency to determine whether a subsequent EIR is required for a minor change or addition to a project for which an approved EIR or Negative Declaration has been prepared. Under that analysis, no subsequent EIR or Negative Declaration shall be prepared fcr the project unless the Lead Agency (the City) determines: • That substantial chances are made to the project that require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. • Substantial changes occur with respect to the circumstances under which the project is undertaken that will require major revisions to the previous EIR due to the involvement of new significant environmental effects cr a substantial increase in the severity of previously identified significant effects. X New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, shows that (a) the project will have one or more significant effects not discussed in the previous EIR, or (b) that significant effects previously examined will be substantially more severe than as shown in the previous EIR, (c) that mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects m the environment but project proponents decline to adopt the mitigation measure or alternative, or (d) that mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects m the environment but project proponents decline toadopt the mitigation measure or alternative. The following analysis has been prepared in acccrdance with the findings required in Sectim 15162 of the CEQA Guidelines. The analysis is presented in the same order of environmental issues evaluated in FEIR 96 -01. Land Use Potential project -level and cumulative land use impacts associated with implementation of the DSC project were evaluated in FEIR 96 -01. Mitigation measures were included in FEIR 96 -01 to reduce potential land use impacts to a level considered less than siggiificant. The proposed project, to increase the amount of development area associated with DSC Phase H, would not change the type of land uses permitted in SD65 or evaluated in FEIR 96 -01. Implementation of the proposed project exceeds the maximum allowable development area permitted under SD65 but would be offset with the reduction in the seating of the proposed theater from 350 to 275 seats and would not result in new land use impacts beyond the impacts previously analyzed in FEIR 96 -01. The changes to the project would not result in conflicts with other applicable planning programs in the City of Santa Ana, nor would the proposed request substantially increase the severity of any land use impact identified in FEIR 96 -01. HAROBB',FILES \Amend l dsc revl.doc ((03/07/02» Page 5 of 17 5 LSA ASSOCIATES, INC. ENVIRONMENTAL ANALYSIS MARCH 2002 AMENDMENT NO. 1 DISCOVERI "SCIENCE CENTER Transportation /Circulation Potential traffic impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were identified in FEIR 96 -01 to reduce potential transportation impacts to a level considered less than significant. The required traffic mitigation measures for DSC have been implemented concurrent with the construction phasing of the project. Certain mitigation measures for the Phase 11 project, such as the ingress and egress traffic controls, will be implemented, as allowed by the City of Santa Ana. In addition, a median in Main Place Drive is proposed as part of the project to prohibit left turns into and out of the proposed parking structure. The increased development area allowed through Phase 11 plans would not result in additional traffic impacts, in that the increased development area is offset by the loss of theater seating thereby resulting in a similar amount of traffic trips that «ould not exceed the traffic projections in FEIR 96 -01. In addition, the area devoted to theater lobby /corridors /stairxNays and common area has been expanded, while the seating area has been reduced. The net square fmtage devoted to exhibit space has also been reduced in the revised Phase 11 plans. The proposed median in Main Place DriNe prohibits left turns intothe proposed parking structure, thereby facilitating circulation within the project area with no impact to traffic at Main Place. Implementation of the proposed project would not generate additional traffic wlumes that would affect the current and projected level of service within the project area beyond the impacts previously analyzed in FEM 96 -01, nor would the proposed project substantially increase the se"erityof any transportation impact identified in FEIR 96 -01. The demand for parking will be handled in the proposed parking structure as calculated abo✓e. Based upon accepted parking calculations for the reduced theater and net exhibit space, required parkng is 343 spaces (see Table B) and parking provided is 347 spaces (see Table C). Therefue, there would be no additional impacts to parking above those reported in FEIR 96 -01. No new information has been available since preparation of FEIR 96 -01 that would adversely affect the traffic analysis and environmental determinations made in FEIR 96 -01. Air Quality Potential long -term and short-term air quality impacts and cumulative air quality impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were identified in FEIR 96 -01 to reduce potential short -term air quality impacts to a level considered less than significant. Additionally, mitigation measures were included in FEIR 96 -01 to minimize long -term air quality impacts. FEIR 96 -01 determined that the development of DSC would result in unavoidable adverse long -term air quality impacts. The increased development area, off -set by a reduction in theater seatingand increased space de ,,oted to storage and non - exhibit public circulation space within the DSC, allowed for in the DSC Phase 11, would not generate additional stationary source or mobile source long -term air quality impacts or short-term construction related air quality impacts beyond the impacts preciously analyzed in FEIR 96 -01, nor would the proposed project substantially increase the se%erity of any long -term or short-term air quality impact identified in FE1R 96 -01. Additionally, no new information has been made available since preparation of FEIR 96- 01 that adversely affect the air qualityanalysis and environmental determinations made in FEIR 96 -01. HAROBB'TILESWmend 1 dsc revl.doc 03/07:02» Page 6 of 17 LSA ASSOCIATES, INC. MARCH 2002 ENVIRONMENTAL ANALYSIS AMENDMENT NO. I DISCO% ERY SCIENCE CENTER Noise Potential long -term and short-term noise impacts and cumulative noise impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were identified in FEIR 96 -01 to reduce potential noise impacts to a level considered less than significant with the exception of noise from piledriving for the parking structure (if it is determined to be necessary) and noise associated with potential outside activities adjacent to the freeway. The increased development area proposed for DSC Phase II would not result in additional noise impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any noise impact identified in FER 96 -01. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would affect the noise analysis and environmental determinations made in FEIR 96 -01. Geology /Soils Potential geological and soil impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were identified in FER 96 -01 to reduce potential geological and soil impacts to a level considered less than significant. The projected height of the building housing the domed theater is 106 feet, %Nhile the existing cube structure is 107 feet. The increased development area proposed for DSC Phase II would not result in additional geologic or soil impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any geologic or soil impacts identified in FER 96 -01, in that potential geologic constraints associated with the project site are addressed in FER 96 -01. Because the site is flat and a relatively small amount of soil excavation is necessary, implementation of the proposed project would not involve the development of land uses or construction activities that would increase the risk of geologic impacts. Additionally, no new information has been made available since preparatim of FEIR 96 -01 that would adversely affect the geologic and soil impact analysis, mitigation measures, and environmental determinations made in FEIR 96 -01. Hydrology Potential hydrological impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were identified in FEIR 96 -01 to reduce potential hydrological impacts to a level considered less than significant. The increased development area proposed for DSC Phase II would not result in additional hydrological impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any hydrological impact identified in FER 96 -01. There are no increases in surface eater runoff resulting from the proposed development. All drainage would be accommodated by on -site drainage improvements, as originally proposed. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the hydrological impact analysis, mitigation measures, and environmental determinations made in FEIR 96 -01. Cultural Resources Potential project related and cumulative impacts to cultural resources associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. Mitigation measures were included in FEIR 96 -01 to reduce project related impacts to cultural resources to a level considered less than significant. The increased deNelopment area proposed for DSC Phase II would HAROBB`FILESWmend I dsc revl.doc 0307/02» 7 Page 7 of 17 LSA ASSOCIATES, INC. ENVIRONMENTAL ANALYSIS MARCH 2002 AMENDMENT NO. I DISCOVERY SCIENCE CENTER not result in new impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any impact to cultural resources identified in FEIR 96 -01. Implementation of the proposed project would not involve any activities that would increase the risk for significant impacts to known and/or unknown cultural resources. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the cultural resource analysis, mitigation measures and environmental determinations made in FEIR 96 -01. Population/Housing/Employment Potential project related and cum lative population, housing, and employment impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. FEIR 96 -01 determined that implementation of the DSC project would not result in any significant population, housing, or employment impacts and would result in an actual benefit to the community. The increased development area proposed for DSC Phase II would not result in new population, housing, or employment impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any population, housing, or employment impact identified in FEIR 96 -01, in that the amount of potential employment opportunities generated by the proposed project would not exceed the employment projections in FEIR 96 -01. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the analysis and environmental determinations made in FEIR 96 -01. Public Services and Utilities Potential project related and cumulative impacts to public services and utilities associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. FEIR 96 -01 determined that the DSC project would not result in significant impacts regarding the demand for natural gas, electricity, telephone service, public transit, and schcols. Mitigation measures were included in FOR 96 -01 to reduce potential impacts to water service and cable service to a level considered less than significant. FEIR 96 -01, however, determined that implementation of the DSC project would not result in significant impacts. The increased development proposed for DSC Phase II would not result in new impacts to any public services or utilities beyond the impacts previously analyzed in FE1R 96- 01 and would not substantially increase the severity of any public service or utility impact identified in FEIR 96 -01, in that the public service and utility demands associated with the proposed project would not exceed the public service and utilitydemand projections established in FEIR 96 -01. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the public service and utility impact analysis, mitigation measures, and environmental determinations made in FEIR 96 -01. Aesthetics /Light and Glare Potential project related and cumulative aesthetic impacts and shade and shadow impacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. FEIR 96 -01 determined that implementation of the DSC project would not result in any significant aesthetic impacts. Mitigation measures were included in FEIR 96 -01 to reduce potential glare and lighting impacts to a level considered less than sigiifucant. The projected height of the building housing the domed theater is 106 feet, while the existing cube structure is 107 feet. The proposed project would not result in new aesthetic impacts or shade and shadow impacts beyond the impacts previously W ROBUTILESWmend I dsc revl.doc 43/07/02» Page 8 of 17 I I I LSA ASSOCIATES, INC. MARCH 2002 ENVIRONMENTAL ANALYSIS AMENDMENT NO.I DISCO%'ERY SCIENCE CENTER analyzed in FEIR 96 -01 and would not substantially increase the severity of aesthetic impact or shade or shadow impact identified in FEIR 96 -01, in that the increased development area allowed under the proposed project would be designed to avoid potential aesthetic impacts. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the aesthetic impact analysis, effectiveness of mitigation measures, and the environmental determinations made in FEIR 96 -01. Public Health and Safety Hazards Potential project related and cumulative public health and safetyimpacts associated with the implementation of the DSC project were adequately evaluated in FEIR 96 -01. FEIR 96 -01 determined that implementation of the DSC project would not result in any significant public health and safety impacts. Mitigation was added to the project to avoid any potential effects from use of uncontrolled hazardous materials. The proposed project would not result in newpublic health and safetyimpacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the severity of any public health and safetyimpact identified in FER 96 -01, in that the proposed project would not involve any activities that would subject the public topublic health and safetyimpacts. Additionally, no new information has been made available since preparation of FEIR 96 -01 that would adversely affect the public health and safetyimpact analysis and environmental determinations made in FEIR 96 -01. Relationship Between Short-Term Uses of the Environment and the Maintenance and Enhancement of Lon-Term Productivity /Significant Improvements Environmental Changes FEIR 96 -01 analyzed the DSC project's relationship between short-term uses of the environment and the maintenance and enhancement of long term productivity of the environment. FEIR 96 -01 found that the proposed project would also result in long -terns impacts that affect only the site and have no off -site ramifications. These would include building the parking structure in the floodplain and having patrons subjected to noise from the I -5 Freeway. The proposed project would contribute cumulatively to air emissions and area traffic, both of which would not be able to be completely mitigated and could have a long -term impact on air quality. FEIR 96 -01 determined that DSC provided a balance between short-term use of the land and the long term maintenance and enhancement of the environment. The increased development area allowed on DSC Phase H would not result in additional impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not increase the severity of any impact identified in FEIR 96 -01. Irreversible and Irretrievable Commitments of Energy /Significant Irreversible Environmental Changes FEIR 96 -01 determined that the development of DSC would not result in the irreversible and irretrievable commitments of energy. Implementation of the project would modify existing structures, and new structures would be built. Additionally, the site would be paved and traffic circulation improvements added. Implementation of the project also represents a long -term commitment of the land to a museum type use commitment, of energy resources, in the form of fossil fuels and natural gas for center construction H ^,ROBE FILESWmend 1 dsc revl.doc 43/07/02» 9 Pale 9 of 17 I LSA ASSOCIATES. INC. ENVIRONMENTAL ANALYSIS MARCH 2002 AMENDMENT NO. 1 DISCOVERY SCIENCE CENTER and operation, and gasoline used for patron visits. The increased development area allayed on DSC Phase H would not result in new commitments of energy beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase the commitment of energy identified in FEIR 96 -01, in that the proposed project does not involve any new activities that would require significant new commitments of energy. No new information has been made available since preparatiar of FEIR 96- 01 that would result in greater commitments of irreversible or irretrievable levels of energy. Growth Inducing Impacts Potential growth inducing impacts associated with the development of DSC were adequately analyzed in FEIR 96 -01. FEIR 96 -01 determined that the development of DSC would not result in significant growth- inducing impacts. The project is considered to be a focused use for weekday patrons; visitors are expected to generally come to the center solely to experience science exhibits and are generally not expected to take side trips to other area uses. This is especiallytrue given that the classes will arrive by school bus. During weekends, families may visit the Main Place shcpping center and/or other area facilities. The project will help to foster development of a museum district and property redevelopment because the site itself is beingredeveloped. Also, while the project exists in an urbanized area that is lagplybuilt out, the proposed project may indirectly spur future complimentary commercial development in the City of Santa Ana Redevelopment Project area. The increased development area allowed on DSC Phase 11 would not result in new growth inducing impacts beyond the impacts previously analyzed in FEIR 96 -01 and would not substantially increase any growth inducing impact identified in FEIR 96 -01. Additionally, no new information has been made available since preparation of the FEIR 96 -01 that would affect the growth inducing impact analysis, effectiveness of mitigation measures, or environmental determinations made in FEIR 96 -01. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, the Cityof Santa Ana finds and determines as follows: (1) No substantial changes to the project analyzed in FEIR 96 -01 are proposed by the proposed project that require major revisions to FEIR 96 -01 due to the involvement of new significant environmental effects cr a substantial increase in the severity of previously identified significant effects; (2) No substantial changes shall occur as a result of the proposed project with respect to the circumstances under which the project analyzed in FEIR 96 -01 is undertaken that will require major revisions to FEIR 96 -01 due to the involvement of new significant environmental effects cr a substantial increase in the severity of previously identified significant effects; and (3) The proposed project presents no new information of substantial importance that was not known, and could not have been known with the exercise of reasonable diligence, at the time FEIR 96 -01 was certified, shaving that (a) the proposed project will have one or more significant effects nd discussed in FEIR 96 -01, or (b) that significant affects previously examined will not be substantially more severe than as shown in FEIR 96 -01, or (c) that mitigation measures or alternatives that are considerably different from those analyzed in FEIR 96 -01 would substantially reduce one or more significant effects cn the environment but Project proponents decline to adopt the mitigation measure or alternative or (d) that mitigation measures or alternatives that are considerably different from those analyzed in FEIR 96 -01 would substantially reduce one or more HAROBB`FILESWmend 1 dsc revl.doc 43/07,'02» Page 10 of 17 10 LSA ASSOCIATES. INC. MARCH 2002 ENVIRONMENTAL ANALYSIS AMENDMENT NO.1 DISCOVERY SCIENCE CENTER significant effects m the environment but Project proponents decline to adopt the mitigation measures or alternatives; and (4) The Project is consistent with and conforms to the City General Plan and SD65, as amended. In sum, the proposed project would not result in new environmental impacts or substantially increase any environmental impact identified in FEIR 96 -01, and no new information has been made available since preparation of FEIR 96 -01 that would result in new or greater environmental impacts. I thereby determine that the proposed project is adequately addressed in FEIR and is consistent with Section 15162 of the CEQA Guidelines. This analysis provides the updated environmental analysis of an Addendum to FEIR 96 -01. All mitigation measures in FEIR No. 96 -01 apply to the proposed project, and are herewith included in this Addendum, Attachment A. City of Santa Ana Environmental Coordinator REFERENCES Final Environmental Impact Report 96 -01 DSC, James and Stokes, 1997. City of Santa Ana General Plan. California Environmental QualityAct CEQA Guidelines, as amended. Public Resources Code Section 21083.3. H: \ROBB\FILES\Amend I dsc revl.doc «03/07/02» Pale 11 of 17 11 LSA ASSOCIATES, INC. MARCH 2002 ATTACHMENT A ENVIRONMENTAL ANALYSIS AMENDMENT NO. 1 DISCOVERY SCIENCE CENTER FEIR NO. 96-01 MITIGATION MONITORING AND REPORTING PLAN H:\ROBB`FILES`,Amend I dsc rev Ldoc «3/7/0N Pale 12 of 17 N - 0 y z ,z� < F 0 Z Z C < <+1 u � C < p 2 Z m L < Z 0 � 4 5 Z C m � re H z w U H H F- UO o N _ < U 6 Y N < .] G Page 13 of 17 u fF J L'7 5 n G O C z � -z }OF �zz < F z z U <Ll a < p Z F z m Z�U � � n G < z z O � z > > O m c >!M C-• L-. O H Z C. 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