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HomeMy WebLinkAbout75A - PH - DEV AGMT 200 FIRST AMERICAN WAY0 0- r CITY COUNCIL MEETING DATE, APRIL 219 2015 TITLE: PUBLIC HEARING — DEVELOPMENT AGREEMENT NO. 2016-01, SITE PLAN REVIEW NO. 2016-02 AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 2011.46 FOR THE LEGADO AT THE MET RESIDENTIAL PROJECT AT 200 EAST FIRST AMERICAN WAY, LEGADO COMPANIES — APPLICANT (STRATEGIC PLAN NOS. 3, 5; 5, 3; 6, 4) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Development Agreement No. 2015-01, Adopt a resolution approving Site Plan Review No, 2015 -02 as conditioned. 3. Approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46. PLANNING COMMISSION ACTION At its regular meeting on March 23, 2015, by a vote of 6;0 (pacerra absent), the Planning Commission held a public hearing and recommended that the City Council direct the City Manager to authorize the assignment and amendment of Development Agreement No. 2012 -01 (DA No. 2015 -01) to Legado at The Met; LLC with such non - substantive changes as may be approved by the City Manager and City Attorney; adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned; and approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, The Planning Commission made no changes to the terms of the agreement as outlined in the attached staff report (Exhibit A), Legado Companies is requesting approval to amend an existing development agreement and site plan review to allow the construction of a 284 -unit multi- family apartment community consisting of six five -story buildings over a podium parking garage on a 3,1 -core site at 200 East First American Way, Further, pursuant to the California Environmental (duality Act (GEOA), an addendum was 75A -1 Public Hearing — Legado at the Met DA No. 2015 -01, SPR Na, 2015 -02 & Mitigated Negative Declaration Addendum April 21, 2015 Page 2 prepared to address any potential environmental impacts as a result of minor changes to the previously approved Mitigated Negative Declaration (IS /MND) adopted in 2012. The scope of design modifications would not result in any new impacts that are not already covered in the IS /MNIO. Full sized site plans are available for public viewing in the Clerk of the Council Office, §I88I9Ql9 ELAN A61GNMENI Approval of this Item supports the City's efforts to meet Goal No, 3 Economic Development, Objective No. 5 (leverage private investment that results in tax base expansion and Job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No, 5 Community Health, Livability, Engagement &r Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No, 4 (support neighborhood vitality and livability), FISCAL IMPACT There is no fiscal impact associated with this action. -- Vino. Fregcs , AICP ector Interim Execute e- Dir Planning & Building Agency VF: kg VMreparWDA%01 ZPR16Q hegadoAkTheMotaa Exhibits; A. Planning Commission Staff Report 75A -2 REQUEST FUR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 23, 2015 TITLE: PUBLIC HEARING — FILED BY LEGADO COMPANIES TO AMEND AND ASSIGN DEVELOPMENT AGREEMENT NO. 2012-01 (DA NO. 2015-01), SITE PLAN REVIEW NO. 2015.02 AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 2011 -46 FOR THE LEGADO AT THE MET RESIDENTIAL PROJECT AT 200 EAST FIRST AMERICAN WAY (STRATEGIC PLAN NOS. 3, 5; 5, 3; 5, 4) Prepared by Verny Carvajal Interim Exec ive ' ector Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED 0 As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Planning Hager Direct the City Manager to authorize the assignment and amendment of Development Agreement No. 2012 -01 (DA No. 2015 -01) to Legado at The Met, LLC, development entity for Legado Companies, with such non - substantive changes as may be approved by the City Manager and City Attorney. 2. Adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned. 3. Approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46. Request of the Applicant Legado Companies is requesting approval of an amendment to an existing development agreement and site plan review to allow the construction of a 284 -unit multi - family residential project at 200 East First American Way. Specifically, the applicant is requesting approval of a change in ownership for the development project previously known as The Met and site plan review approval to reconfigure the previously approved development plan. Project Location and Site Description The project site lies within the boundaries of Specific Development No. 43 (SD -43), also known as the MacArthur Place District Center, a master planned, 62 -acre mixed -use project located on the north side of MacArthur Boulevard between Main Street and the Newport -Costa Mesa (SR -55) Freeway. EXHIBIT A 75A -3 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 2 The site is a vacant, 3.1 -acre rectangular shaped parcel situated at the northeast comer of MacArthur Boulevard and MacArthur Place. Most of the properties in the MacArthur Place District Center have been fully developed with a mix of office, retail, residential and hotel uses. The MacArthur Place District Center contains the headquarters of First American Title, a DoubleTree Hotel, Class A office towers, the Pinnacle Apartments and Vantage Townhomes, and a small commercial development along MacArthur Crescent. Surrounding land uses include office buildings to the north, The Skyline by Essex residential towers, Hutton Center retail and office development to the south, a parking structure to the east for First American Title Company, and the Pinnacle Apartments, a mixed use retail /residential project to the west (Exhibits 1 and 2). Figure 1: MacArthur Place District Center (SD -43) Proiect Description The proposed project is a 284 -unit multi- family development consisting of six five -story buildings over a podium parking garage on the entire 3.1 -acre site. The applicant proposes to operate the entire project as an apartment community with all units available for rent. The proposed development will include 630 parking stalls and provide a total of 72,830 square feet of recreation and open space areas. Primary access to the proposed project's parking garage will be shared with the existing parking structure to the east. The project's access and egress from the shared driveway will be controlled by a right -in, right -out movement from First American Way. Due to the complex nature of the project, a detailed description of each project component is summarized in the following subsections (Exhibits 3 through 11). 75A -4 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 3 Unit Mix — The project is proposed to consist of a combination of studio, one, two and three - bedroom units. The units will range In size from 580 square feet for the smallest studio unit to 1,400 square feet for a three - bedroom unit. The Met's proposed unit mix is comprised of approximately 50 percent studio and one - bedroom units, and 50 percent two and three - bedroom units with an average unit size of 879 square foot per unit (Exhibits 12 and 13). Table 1 provides a breakdown of the unit mix within the project. Table I. Unit Summary The Met Unit Summary Unit Type Units Proposed Percent of total Square Footage Studio 14 5% 580 One - Bedroom 129 45% 688 -754 2 bedroom 136 48% 850 -1;266 3 bedroom 5 2% 1,400 Total 284 100% 580 -1,400 Parking — Parking for the project is proposed to be provided within a parking structure, which will consist of one level above grade and two levels below with some variation in the amount of structure exposed above grade clue to differences in site elevation. The overall parking ratio was calculated at 2.22 spaces per unit for a total of 630 spaces. The applicant proposes to provide this parking in a combination of standard single -car stalls and tandem stalls. A total of 41 percent of parking provided will comprise of assigned tandem parking stalls. The Met Proposed Parking Summary A artment unit parking_ 2.0 spaces/unit 568 spaces Guest parking 0.2 spaces/unit 57 spaces Total Parking Required 2.2 s aces /unit 625 Additional Guest parking _ 5 spaces Total Parking Provided 2.22 spaces/unit 630 spaces Proposed Parking Stall Type Standard single -car parking _ 370 spaces (59% Tandem _parking_ 260 spaces 41 %) 75A -5 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 4 Architecture — The architectural character of the building is contemporary and utilizes a "perimeter block" typology where buildings generally face interior courtyard areas. The buildings will feature multiple colors, stucco, cement board, aluminum storefront systems, metal railings, varied skyline massing components and different parapet heights on all facades, with specific emphasis on street - facing elevations. In addition, residential units will be grouped along building facades between stairwells that establish smaller building clusters as part of the overall building design (Exhibits 14 and 15). Amenities — The project will contain both exterior and interior amenities. Exterior amenities include a water wall feature at the intersection of Macarthur Place and Macarthur Boulevard, and additional water elements at First American Way and Macarthur Place. The podium level will contain additional amenities including a passive courtyard that complements an active pool court, two rooftop garden decks, a community room and fitness center. Interior amenities within the common areas Will include granite counter tops, hardwood flooring and gas fireplaces. Residential units will feature granite (or equivalent) countertops, hardwood flooring, tiled bathroom and shower stalls, stain grade cabinetry, appliances and washer -dryer units (Exhibits 16 through 19). Open Space — The project will contain 72,830 square feet of open space, including 22,402 square feet of private open space in the form of a private balcony or deck area space with an average of 256 square feet of open space per unit. An additional 50,428 square feet of common open space will be distributed within the overlook terrace at Level No. 1, raised podium pool deck on Level 2, and two roof decks on Level 5. Moreover, each unit will contain private open space in the form of a deck or patio, Landscaping— The project proposes to provide a 30 -foot setback along MacArthur Boulevard featuring a combination of landscape berms and decorative hardscape areas and 15 feet along MacArthur Place and First American Way. The project interior also includes landscaping within the courtyard areas. The 0.8 -acre portion of the development located at the northeast corner of the site will be incorporated into the project development and will feature additional landscaping along the project's shared point of access (Exhibit 20), Protect Background The proposed development site is part of the larger MacArthur Place District Center master plan, a mixed use development plan that was approved by the City Council via a Specific Development (SD- 43) on January 4, 1988, In 2005, the Geneva Commons Development was approved on the subject site to allow an eight -story and 18 -story tower with 278 residential condominium units. Although the project was entitled, permits were never obtained for its construction due to changes in market conditions. 75A -6 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 5 In January and February 2012, the Planning Commission held public hearings on a proposed 284 - unit multi - family residential condominium project proposed by Vineyard Development. At these meetings, the Planning Commission expressed concerns with the unit mix, percentage of tandem parking spaces, parking management, future plans for the vacant parcel and the level of amenities for the proposed project. At the conclusion of the February meeting, the Commission voted 3:3 on the proposed project. Pursuant the Planning Commission's bylaws, the applicant requested that the project be denied by the Commission and be forwarded to the City Council for their decision. Prior to the City Council meeting for the project, the applicant requested a continuance to address concerns raised by the Planning Commission. Asa result, the applicant agreed to amend the project to reduce the total unit count from 284 to 278 units, increase the number of two and three- bedroom units, increase the average unit size from 855 to 915 square feet, reduce the amount of tandem parking spaces from 344 to 257, and increase the total open space from 58,150 square feet to 70,976 square feet (255 square feet per unit). On March 19, 2012, the City Council approved a modified project with the following attributes: 278 residential units in five -story buildings • 51 % one - bedroom units • 49 % two and three - bedroom units • Average unit size of 915 square feet • A minimum of 255 square feet of open space per unit 42% tandem parking • Contemporary architectural style with exterior finishes to include stucco, fiber cement panels, wood laminate panels, ceramic tile, metal awnings and rails, and aluminum windows 2.22 parking spaces per unit * 10 -year term for Development Agreement • Park In -Lieu fee • Public Art requirement • Inclusionary Housing fee Subdivision for condominium purposes • An area equal to 0.8 acres of land, instead of 0.6 acres, for future development of a residential tower. In 2014, the property was acquired by the Legado Companies, which is proposing to construct the 284 -unit apartment development on the full 3.1 -acre project site that is the subject of this application. 75A -7 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 6 The General Plan land use designation for the site is District Center (DC), which allows for major development projects such as the proposed multi - family residential development. District Centers are designed to serve as anchors to the City's commercial corridors and to accommodate major development activity. The project site is consistent with this General Plan land use designation. The zoning for the site is MacArthur Place District CenterlSpecific Development No. 43 (SD -43). This zone allows for a mix of uses including residential, office, restaurant, retail, and hospitality land uses. Previous amendments to SD -43 have resulted in an increase in the total number of units permitted within the zone and allowance for tandem parking while also reducing the amount of open space required per unit and the overall parking ratio for the project. The proposed project is consistent with this designation as well as the design and development standards for the site. Project Analysis Development Agreement Amend ment/Assignment Following the City Council's approval of the project in 2012, the City authorized the assignment and amendment of Development Agreement No. 2012 -01 for The Met development project to First Rock Santa Ana, LLC, the development entity for Genesis Real Estate Group, subject to the finalization of the sale of the subject property to First Rock. No other changes to the original development agreement were made. Although the assignment and amendment was completed, First Rock never submitted a development proposal and the property was subsequently acquired by Legado Companies. Legado now proposes to establish a new development agreement which would serve to replace the 2012 agreement. Development Agreement No. 2015 -01 will recognize Legado Companies as the primary developer and owner of the property and include revisions related to the project description, the removal of the provision requiring a subdivision map and Covenants, Conditions and Restrictions (CC &R's), and compliance with the City's Housing Opportunity Ordinance (HOO). All other elements of the development agreement will remain (Exhibit 21). The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting the proposed project, the development agreement requires certain improvements and public benefits. The primary components of the agreement include: 1. Ten Year Term: The right to build out the project as entitled for a period of ten (10) years, with one two -year extension. 75A -8 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 7 2. Public Art: Committing one -half of one percent (0.5 %) of the value of the project, as determined by standard building permit valuation, for the installation on the site, at a prime location visible to the public, of permanent work(s) of public art. The work(s) of public art shall be in place no later than the first certificate of occupancy for the project and shall be maintained in perpetuity by the property owner(s). In the event the project is not constructed, the developer shall donate an amount equal to the one -half of one percent (0.5 %) public art commitment to the City for acquisition and installation of public art at a City designated location no later than the end of the term of the agreement. 1 Park In -Lieu Fee: Paying the City a fee of $35.50 per square foot for parkland dedication in lieu of the dedication of parkland as required in the City's Subdivision Ordinance (Section 34 -204 et seq. of the Santa Ana Municipal Code). Additionally, the fee may be increased yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by an independent trade publication or source specified in the Agreement. The fee shall be paid prior to issuance of a building permit. Based on the development proposed, this is expected to amount to a fee of approximately $2.1 million. 4. Inclusionant Housing Fee: The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains incluslonary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41- 1900 et al.). Site Plan Review Section 41- 593.5(c) of the Santa Ana Municipal Code requires review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the plan's development standards. As previously discussed, the proposed project lies within the MacArthur Place District Center /Specific Development (SD -43). In 2012, various amendments to Specific Development No. 43 (ZOA No. 2012 -01) resulted in changes to the maximum number of permitted units, reduction in the parking requirements for multi - family dwellings from 2.26 to 2.22 spaces per unit, and .allowance for tandem parking. These changes to the SD -43 zoning district resulted from the previous development project filed by Vineyards Development Corporation. Legado Companies proposes to proceed with a project of similar scale and overall appearance as originally contemplated by Vineyards Development with a few exceptions. Most notably, previous approvals resulted in an unimproved 0.8 -acre remnant property at the northeast corner of the property bed set aside for future high -rise development. In addition, the applicant is requesting changes to the overall site plan layout, proposed number of dwelling units and removal of the provision requiring a subdivision map. 75A -9 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 8 The project remains a multi - family development which is now proposed over the entire 3.1 -acre site. In order to adequately evaluate the proposed project, a comparison of the proposed project with the previously approved project in 2012 has been prepared. Conditions of approval related to specific project features such as architecture, landscaping, amenities, public improvements and building materials have been retained to ensure that the project remains consistent with the level of quality contemplated and approved by the City Council. The proposed project by Legado Companies will maintain consistency with past entitlements and will develop the project site in a single phase. In addition, the applicant has evaluated the economic feasibility of a mid to high rise tower on the site originally intended for future development. The applicant's studies concluded that, based on present market conditions, this type of building is not feasible. Table 3 below provides a comparison of the project's elements with the previously approved project. Table 3-- Project Comparison Table Project Comparison Table Developer Vineyard Development (2012) Legado at the Met (2015) Development Area 2.3 acres (.8 acres vacant) 3.1 acres Number of Buildings 3 6 Stories /Height 55 feet, 5 stories a® 55 feet, 5 stories Average Unit Size 1915 879 1- Bedroom /Studio Units 142(51%) 143 (50 %) 2 /3- Bedroom Units 136(49%) 141 (50 %) Total Units 278 284 Parking Required 2.22 /unit 2.22 /unit Tandem Parking 257(42%) 260(41%) Total Parkin 625 spaces 630 spaces Total Open Space 70,976 72,830 Open Space per Unit 255 square feet 256 square feet 75A -10 Development Agreement No. 2015 -01 Site Plan Review No, 2015 -02 March 23, 2015 Page 9 Based on the analysis, and as conditioned, the Legado at The Met will remain consistent with Specific Development No. 43 and complies with the established number of units and all applicable development standards as amended in 2012. Although the current proposal involves the development of a previously vacant 0.8 -acre portion of the site originally slated for future development, the project's density, height, and overall quality remains in keeping with previous entitlements. Legado at The Met will serve to strengthen MacArthur Place as a major development area by incorporating the same level of quality architectural and urban design, materials and rich array of amenities when compared to the previous project originally entitled in 2012. The project also improves existing pedestrian connections and urban design within MacArthur Place; the facade along MacArthur is a significant improvement over the three -level parking garage proposed as part of the Geneva Commons project, and the generously - scaled public plaza as part of the Met's main corner on MacArthur will help form pedestrian connections to link the north and south sides of MacArthur Place. Public Notification and Outreach The project site is located adjacent to the boundaries of the Sandpolnte Neighborhood Association. The president of the Neighborhood Association was notified by phone and mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, as well as entities listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. Airport Land Use Commission Review In accordance with State law, the zoning ordinance amendment and the project's close proximity to John Wayne Airport requires the project to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. In order to ensure compliance with this mandate, the City was provided with electronic correspondence dated November 11, 2014 which stated that the project was found to remain consistent by the ALUC as a result of previous entitlements. CEQA Analysis A Mitigated Negative Declaration (MND) was prepared for The Met development and was adopted in March 2012, which analyzed a 284 -unit multi - family apartment complex on the 3.1 acre site. A 0.8- acre portion of the site located on the northeast corner was identified to remain undeveloped and vacant. As part of the revised project the inclusion of the 0.8 -acre area warranted a review of the 75A -11 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 10 previous environmental documentation prepared for the project site. Based on the Environmental Checklist and supporting environmental analysis, the changes to the project would not result in any new significant impacts that were not previously addressed in The Met IS /MND. The scope of design modifications would not result in any new impacts that are not already covered in the IS /MND. Staff recommends the approval and adoption of the addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46 (Exhibit 22). Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve the amendment to Development Agreement No. 2012- 01 (DA No. 2015 -01) and Site Plan Review No. 2015 -02 as conditioned. Vern Carvajal Acting Planning Manager VC.jm v6eports=15- 0 1.SPR1"2 LegadeAtTheMetpc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibits 4 -11 — Building Plans Exhibits 12 -13 — Unit Plans Exhibits 14 -15 — Elevations Exhibits 16 -19 — Podium /Plaza Plans Exhibit 20 — Landscape Plan Exhibit 21 — Development Agreement Exhibit 22 — Mitigated Negative Declaration Addendum 75A -12 1 {W Mt iii All Ml -F— M Ml - -132111 l 50&3 r SD -12 �. C2 M1 MIT !' rs: nr I f. DYER AD. _ II _II 11 �$ ' 11 Ml C II L_, ^il -il NCR Mi M7 MI M2 P � I I g CR Mt M1 g S ttti g, �aR;. uaaucrc,.. s p `D-43 u € SD -43 JR1 R7 . R7 R7 5D h At cs SD 43 PROJECf5t1E — — — — MAC AR NUR BL vl AD SD- 76 — -�. �'✓ 5D -7G\ .. 1 Rtl. —. I Ri, D SD -76 nl.nnu � SD -76 � C nl Rl .0.1 qRl ylq C i f y of T u s t i n n a xt � R1 u nt R R7 M1 Es- � GUNFLOWER AV. cz AT GENERAL AGRICULTURALt OR COMMERCIAI. RESIDENTIAL Rt SINGLE FAMILY RESIDENTIAL •B PARKING MODIFICATION GC GOVERNMENT CATER RY TWO FAMILY RESIDENCE C•SM COMMERCIAL SOUTH MAIN MI LIG NDUSTRIAL AS MULTIPLE DENSIP /MULTIPLE CI COMMUNITYCOMMERCIAL M3 HEAVYINDUSTIUAL FAMILYRERDENCE CWO COMM. COMMERCIAVMUSfUM DOT T O MO MdLNARYOPERATItMIS AT SUBURBAN APARTMENTS CS GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIALESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SD SPEOFICDEVELOPMENT C3-A CIiN'fRAI. BUSINESS-ARTISTVILLAGE PCD PLANNED COMMUNRY DEVELOPMENT SP SPECIPICPLAN Ch PLANNEDSHOPPINGCENTER PAD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIALCOMA IAL DA 2015 -01 /SPR 2015 -02 LEGADO ATTHE MET __ G =SOOFEET 1'= 1000FEET 200 EAST FIRST AMERICAN WAY P L A N N I N G A N D B U I L D 1 N G A G_ E N_ C Y EXHIBIT 1 75A -13 I N D U S T R I A L O MOU.LIAI O A INDUSTBIAL ¢ INDUSTRIAL d I N DU 5 Tn I AL COLUMBINE AV. OPfICE z R E 5 1 0 E N T I A L Lj 9FFICE DDRUStlLE PRlOJJECf Ii01'EL SITE MAC ARTHUR BLVD. NOiEI ri� CtiMMERCAL NI RESIDENTIAL OFFICE C 4 W 6 `L 0 INDUSTRIAL PARKING 2LEVEL PARKING STgpCflig1" // l� 1 N D U 5 T N 1 A L ISI INDUSTRIAL AMERICAN / N4 yhA � 5ia DA 2015 -01 /SPR 2015 -02 LEGADO ATTHE META 200 EAST FIRST AMERICAN WAY P L A N N I N G A N 0 B U I L D I N G A G E N C P EXHIBIT 2 75A -14 i r, I i I- { " qW G Q U . . LL F 9. 2 a y I I i 1 I 1 s �3 vx R A 0 yym�ya `VI �N Eli 5 n': EXHIBIT S 75A -15 E ( a EXHIBIT 75A.16 �} / %} \y }, fl \\ 22\ \,m 7�6 \ G= L k Q c� w a �8 LL a I 2 e nv (j V 4 (emu •� Y h Z m, I I ?�da OgUr S i i /(Jwf/LA �' G!SG� 4CPIGiS'.vh M �- 3.✓b°Y� r � I rem, I]II �r I N7 EXHIBITT 5 0 75A -17 FM1F 1 N. T —' 1 S t �8 2 b J g s ,u J e B h� I E Q♦ of o f,i G� Y �'�1r1 � 1 � � 1 (l ►� � � � 1 l � 1 1�1 �I I I I � N7 EXHIBITT 5 0 75A -17 FM1F 1 N. T —' 1 S t �8 2 b J g s ,u J e B h� I E Q♦ of o f,i G� 91 EXHIBIT 6 75A-1 8 2 , I I z 21 O�i- yW Rw 5' EXHIBIT 7 nn Ire 75A -19 0a, ADM 07 4 75A-20 t Iml.' I 75A-21 _/\ oi U EXHIBIT 10 75A-22 11 W ti 97 81 0a pi \ � N! EXHIBIT 11 75A-23 L z /V N �Lal OM 0, ---------- ---- 11--4-44 --- 4-- my IF \/ \ \ \ � � � |' � \ \ 14i IS, 13 7m, \ � N! EXHIBIT 11 75A-23 L z /V N �Lal OM 0, 75A-24 Yj z m � j LU I| \\ \\ 75A-25 z ul ZH oz LLI �l \ j / ( ( § 75AVOITk ( § ! ( X *& x 2 ! «., r + 9± yƒ /}\ 9 \` yy /«� � R Y 3 a W a U zz 2 EXHIBIT 16 ■ LL a c 0 I l„ d d °z g a��$cc«YYYY u � m ANN O JN �d U Q !L W U Q 2 d W QJO 4 D gU 2 a ui 'L O ¢ Tom ro R rc 4u L Ing! Hp L �L- lid / 1 70 --- EXHIBIT 98 §�\ ) \\ / EXHIBIT # 75A-31 F R! \ � ! � . � \ \ �{ � Q z}} d a W R H fll a 1 �1 aovid ani- L,I.UvOVA EXHIBIT 20 75A -32 Q 4" aE23 91.1{ i, JAN i M> Pill, AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDG LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This AMENDED DEVELOPMENT AGREEMENT ( "Agreement ") is entered into between THE CITY OF SANTA ANA; a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California (referred to herein as "City ") on the one hand, and VW LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (referred to herein as "Owner" or "property Owner") on the other hand. I. RECITALS. The Amended Agreement is entered into with reference to the following facts: I.1 Purpose. (1) The purpose of this Agreement is to facilitate the development of a small portion of the real property which was the subject of a Development Agreement entered into on January 4, 1988 and recorded as Document 88- 260709 in the Office of the Recorder of the Cormtyof Orange (the "Original Agreement"). The Original Agreement was subsequently amended on or about June 4, 2001, by Document No. 20010429519 the Office of the Recorder of the County of Orange. The real property which was the subject of the Original Agreement is zoned by the City as Specific Zoning District No. 43 ( "SD -43 "). On April 4, 2005, the City entered into a Development Agreement (the "2005 Agreement ") with Coastal Rim Properties, Inc. and Geneva Commons, LLC (collectively referred to herein as "Coastal Rim "). Ordinance No. NS- 2831. On September 3, 2013. the City tentatively approved a Second Rock, However, the Droperty was never sold to First Rock, but rather was purchased by Owner. (2) A portion of the real property covered by the Original Agreement was subsequently acquired by Coastal Rim, who applied to the City to amend SD -43 and approve a new tentative map, and other entitlements. (3) The City and Owner agree that the changes Owner seeks in the 2V0& 2012 Agreement substantiate the need to amend the Original Agreement with the instant Agreement, rendering the Original Agreement, and -the 2005 Agreement, the 2012 Agreement and any amendments thereto, null and void as applied to Owner's Property (as the word "Property" is defined in Section 2.3 herein). (4) As more particularly set forth in Section 2.4 of this Agreement, Owner has proposed developing the northeast confer of MacArthur Boulevard and lraperial Pfoxaenade MacArthur Place with a 5 -story; multi- family apartment community consisting of 24 284 residential units, with 2 levels of subterranean parking, and 'a level of podium deck parking in 2 6 separate buildings (the "Project", as fw ther defined in Section 2.4 herein). EXHIBIT 21 75A1 -33 L2 Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies, The parties acknowledge: (1) This Agreement is intended to assure adequate public facilities at the time of development. (Z) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and Specific Development District No. 43. (3) This Agreement will permit achievement of goals and objectives as reflected in Government Code Sections 65864 through 65869.5, the City's General Plan, all applicable Specific Plans and Specific Development District No. 43. (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 Agreement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.3 Owner. Owner represents and warrants that it bras a legal or equitable interest in the real property' located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein. The Property is currently vacant. 1.4 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property, Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.5 Planning Comntissamr - Coiiticll Ileacfngs, Lin Pdeveier�L?999 tlxe lrlattri3rng- CoMnrissiotro' �'rrg- Ue3suarissior " , r gtng tine prrsuan# to 3Elsieirrl3eai -ccic °- c' o' ctm" rsv{ �nzo- anfl- 61} eld.- a- ptkliliEl1G4417.tY- fSBtlr1<-1@r cc.icstul DcYrr""r's app}icatiosrfar lle?9(1 C A tgraernefllt. T-ji lantiin9 "s; _ o ende& -City Cetieeil- a€Cn}rr,,- �h;�- ik- e�;c -i-i1 �q� zb- �� °���- rhpril -4; X08-5; the- City -C��ho C t} �fSanta 'a e�iaer ° , ovvtdr rg r p c° aTregtiireel key taw, hold a F„rxkriie-laearing -to eorns i+f er- Ceastal- P�irm- '.riper' isat- ir}irffx� lie-= 2983- Agtt�etnt��}-ri elrthe- CoLrnsil- a}?1yr- ove�by 75 A?34 :,, ng® n. �n ,ie� rr c rytiQn n r , oy 7nn4 The Owner has submitted a new and modified site plan review package to the City amending the previously approved plan. On March 23.2015, the Planning Cormnission of the City, after duly giving notice pursuant to Goverrunent Code sections 65096 and 65091, held a public hearing to consider the Owner's application for this Agreement, 14haki =ne, the Plam4ig Cei mission- eenfi- mied4he On April-14,-4044, April 21; 2015, the Council, after providing notice as required by law, duly held a public hearing to consider the Owner's application for this Agreement. 1.6 Council Findings. The Council finds that this Agreement and its purposes are consistent with Government Code Sections 65864 through 65869.5, and with the objectives; policies, general land uses, and program specified in the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. Among other things, this Agreement will reduce uncertainty in planning for and securing the orderly development of the Property, assure progressive installation of necessary improvements, provide public services appropriate to each stage of development of the Property, ensure attaimnent of the maximum effective utilization of resources within the City at the least cost to its citizens, expand the availability of high-quality, affordable housing stack to the City's citizens, contribute to the economic stability and revitalization of the community, enhance the City's property tax revenues, and otherwise achieve the goals and purposes for which Government Code Sections 65864 through 65869.5 were enacted. 1.7 City Ordinance, On AV --1.6; 204-2 April 2,1„ 2015; the Council adopted Ordinance No. NS- approving this Amended Agreement. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. hi the Agreement, unless the context otherwise' requires: 2,1 "Final Design" means the final design documents for work of public art, which is set forth in greater detail in Section 5.8 of this Agreement. 21 "Property Owner" or "Owner" means collectively V-DG Legado at the Met, LLC, a California Limited Liability Company, and its successors or assigns who or which may acquire Owner's equitable and legal interest in the Property, being the person, persons, or entity having legal or equitable interest in the Property. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in Section I.1(4) of this Agrecment, Environmental Review No. , Terrtetive Traet -Map Rio — CuntyMepl GonttitiortalJUseRer+xr "R:imse-e}e orritOrElinaraeAersdrnet7t PFo ;acn ^'� 43} and Site Plan Review No. 75A -35 2.5 "Public Art Plan" means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Plan does not set forth Certain elements of the Public Art to be installed in conjunction with this Project, including the location of the Public Art, and is therefore subject to refinement prior to the time of installation, by agreement of the Owner and the City's Executive Director of Planning and Building. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows; Exhibit Referred to Desi nation Description in Section A. Property Legal Description 1.3 B Property Graphical Description (Site Plan) 1.3 C Public Art Plan 2.5 D Cooperative Agreement for Off -Site haprovements 5.1.1 E Remaining Offsite Mitigation Measures 5.1.2 4. GENERAL PROVISIONS. 4.1 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.3 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.2 Duration of Agreement. The term of this Agreement shall be for ten, (10) years from the date that the Council adopts its ordinance approving this Agreement ( "Effective Date "); provided, however that the Owner may request one two -year extension from the Executive Director of the ;Planning and Building Agency, which request shall not be unreasonably denied. 4- 3-- P� *ehlbi#iurlrrs# i�ssigtxtueca€- or-- �- r» casfer- aarl- Irleutlfy-- o €9�aarer= Qwau ==-a2;ca:,wie es-en"graos4lint -tl.0 El*a4fi6ativrsa rc -ilky of-t'a�ie-ant- V- ineyaar -& Devel- .et -.+" and- D€,, -e pe FkYan 9gulr ielc (e x�r of ineyartis Be la} rn ni of pelt -tiuulat- inrprrrtaaioe- atifl- sari: eexi-- tu�ity- 8wtitir•�trr- Hier- aelaiowkedges- ariFl- agrees -tlta« �" relieel -an is relyitrg on d e6ifie qia dli€tczttsns �d id�itit�e�tlic aPplisan�(ti�tneytxfls Develeptr }and Develep�er tt Ogulnislc ( wtte ef- Vaeyards t ment-}in- entering i.t, hi n t.,. , is but n _4 a mcrnirszrb^re° vividca- ui�d- i-- 'xc�dvi�caccziin- ran` v 'i�rc'v��'Ht8- tl33�ACgrweFn<�k] ,�'cztzcmcnsvp3Cm'r.c c}uali�zsatist�s; ieient�a�td- re�intatis{is�t= tke- �ptilieant ,c- �a�irc- Is- Bcvelepn�it) -argil Develepe Pan 9goli�ieIF (o is e r a dsDw el p it} wti r reprs. nks ctrl Wat3artts ta- Git°�aat- 9��rter- has- nt�t- ii}taafle- anxl-- agitc+s -that �7�wierwiA- remit- erc�te -f7i= pea- n�i4- to- ts�acle -ar 75A436 e. s 1T,'RSG�L7"lTlR1 lAS LT. .. :... i...�n..M.,ME...7 ..141= TI.+..- r....r this ARxectnent. the rights of OWIler Under this Agreement may not' be. transferred or assiLqied unless the written consent of the Council is first obtained and auy transfer or assigment of the rights of the Owner hereunder shall not be subject to assitnunent by attachment, execution or from the Coancit.:5ucli transfer or assimnent shall not relieve Owner of any duty, oblittation or liability to City without the consent of the City. During the term of this Agreement, any approved assiggice or transferee of the rights under this A - eement shall observe and perform all of the ditties and obligations of Owner contained in this 75W -37 43.1 Permitted Assignments. The prohibition against transfer of ownership of the Property as defined in section 4.3 above shall not apply to, and the City hereby consents to, the following: a. T''hepartiesz' ri` n°- rivpw°- cc`y`= ve=mm601:3/'0yC'lt i3 to-a'r'rericL�ities, criny '- "c'v"- ivaiu- .- [v- in.^ -aic' «n ,. e . eiress as eon de .nlop.. enter eaac' °° - Balled - .eh�estaus I I agagej of- E) norghily -mi4 eleveler : � ^ clot "T+ Jeo. n" n ^�ioa -set-fart hereittabove- x�- s®ctien .avt ,• '^7.. + a. ,.F '.i Fi"rtai' raaicrS-% °G vr. +mi'w °O'r� -: `:I':• �s 4 3 dies me si�tgl� �r s�� plskteat�t gds Revel ,` ^ , n ^.ktiek, have, an may °,. �ffihi , d- eeritFE& �FilCiya Bkvnr�- c�a- =cr�ar�a�gs� , v� ur�-crxay -vre , rn"e "un Associations, including limited Dartnershibs, limited liability companies, or joint ventures with other entities for the Durnose ofperforrning Owner's obligations under this Agreement, provided. Owner retains sole operational and managerial conhol. b. Easements or temporary pen-nits to facilitate development of the Property. c: Deeds of trust or other financing documents executed for the purpose of securing loans to Owner made to finance the development of the Property, and transfers to any person or entity pursuant to a foreclosure or deed in lieu of foreclosure of Stich deed of trust or other, Similar, financing documents and any subsequent transfer by any such person or entity. 4.4 Amendment or Cancellation of Agreement. This Agreement may be amended foal time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by ordinance as set forth in Government Code Section 65868, The term "Agreement„ or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any nianner provided by law. The City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement. 4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives ( "City Parties ", 75A-"38 collectively) harmless fiom liability: (1) for darnages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Property Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason. of the terms of or effects arising from, and to the extent of Property Owner's negligent acts, omissions or willful misconduct in the performance of this Agrecm.ent, This hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or due by reason of the terns of, or effects, arising from this Agreen -tent or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indenmrify, hold harmless, and pay all costs for the defense of the City; including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of or effects arising from Property Owner's negligent acts, omissions or willful misconduct in the performance of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure; to the parties' successors in interest, transferees and assigns. 4.8 Relationship of the Parties. The contractual relationship between City and owner arising out of the Agreement is one of independent contractor and not agency or partnership. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice, tender, demand, delivery, or other, communication pursuant to this Agreement shall be in writing and shall be deerned to be properly given if delivered in person or trailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: If to City, to: and, City Manager City of Santa Ana 20 Civic Center Plaza M -31. P.O. Box 1988 Santa Ant, California 92702 telefacsimile (714) 647 -6954 75A -39 City Attorney City of Santa Ana 20 Civic Center Plaza M -29 P.O. Box 1988 Santa Ana, California 92702 telefacsirnile (714) 647 -6515 If to Owner, to: �en 91 W-4 Owner Address Contact telefacsimile A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address or facshnile number. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OIL THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. In accordance with the terns of Government Code section 65866, the City and the Owner agree that the rules, regulations and official ,policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use(s) zoning, design, setbacks, density, height, size of structures, permitted uses, and intensity of use of the Property (collectively, the "Existing Development. Regulations "), shall be those rules, regulations, and policies applicable to the Property as of the effective date of this Agreement. 5.'1.1 Cooperative Agreement for Off-Site Improvements. Coastal Rim and the City, together with other parties, executed a Cooperative Agreement for Off-Site Improvements concurrently with the Original Agreement, a true and correct copy of which is 75A-'40 attached hereto as Exhibit D and incorporated herein by this reference. Owner agrees to comply in all respects with its obligations under said Agreement, and agrees and acknowledges that a material breach of said agreement shall constitute a material breach of this Agreement. Despite anything to the contrary, Owner is not required to construct any off -site improvements other than as expressly required in this Agreement, in any environmental documentation related to this Project, or in any condition of approval in any discretionary action related to this Project. 5. 1.2 Remaining Olfsite Mitigation. Measures. The additional offsite mitigation measures, beyond those set forth in the agreement referenced in section 5.1.1 of this Agreement, which must be constructed by Owner are as set forth in Exhibit E to this Agreement. All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this Agreement shall be pain the earlier of (1) the time called for in the said approvals, or (2) hdi steer -(3) issuance of certificates of occupancy, whichever comes first. 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by section 5.1 of this Agreement, including without limitation: a. Regulation of the rate and amount of growth is not abrogated by the City, in that the parties agree and acknowledge that the City Hereby retains the police power to provide for change in regulations, ordinances, policies, and plans relating to moratoria, building permit allocations, timing, and sequencing of development and the financing and provision of adequate public facilities at the time of development. b. Municipal laws and regulations winch do not interfere with Owner's vested rights to develop and use the Property in accordance with section 5,1 of this Agreement. As used herein, "Existing Development Regulations" shall not include municipal laws and regulations that do not con$ict with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non - conflicting taws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non- conflicting laws and regulations include the following: (1) Taxes, assessments, tees and charges, except as otherwise specifically provided in this Development Agreement, (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Anna Municipal. Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities maybe conducted or which prohibit any particular type of business activity on a city -wide basis; and 75A -41 (4) Procedural rules of general City -wide application. c. In recobraition of the need for City services, including but not limited to police; fire and park, to meet the demand generated by new, cumulative residential development in the City, District, Owner will not object to participation in a community facilities district, assessment district, or other similar funiding mechanism, to provide funds for such services, should any such a mechanism be established. d. No vested rights as to any requirements in this section either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 53 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, including without limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design standards and guidelines in effect at the time that any development approval shall be sought for the Project or any urtit or structure contained within the Project. 5.4 FAA Approval. Owner shall obtain and maintain, during the term of the agreement, any and all necessary approvals from the FAA for the Project. Should such approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate the agreement. 5.4.1, Avigation Easement. The Owner shall, prior to issuance of the first building permit for the Project, execute an avigation casement in a form approved by the City Attorney, which shall be recorded with the Recorder of the County of Orange. The avigation easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or interference with use and enjoyment of the underlying Property or the Project including but not limited to noise, sound, vibration, fames, fuel particles, dust, discomfort or other environmental effects incident to aircraft operations as well as any inconvenience or annoyances caused by the operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to enter or penetrate into err transmit through the airspace above, on or in the vicinity of the Property for the unobstructed use, passage or operation of all types of aircraft and the right to create or generate atl things and consequences to the Property that inay'be, or may be alleged to be, incident to or resulting from the use of said Airspace and any and all related aircraft and airport operation. The City shall be the benefited party in the avigation easement, but said easement shall be assignable by the City to a third party, including but not limited to John Wayne Airport (SNA), without consent of Owner. 5.5 Future Discretionary Approvals, This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by Section 5.1 of this Agreement subsequent to the effective date of this Agreement, from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for land use entitlements based on such existing or new rules, regulations, and/or policies; provided, however, that such new rules, regulations, and official policies are of general 75A"42 application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any tights or obligations created or existing between the parties. 5.6 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications„ processing; inspections, plan review, plan processing, acid /or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees ") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate; offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any project design features conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. The current entitlement fees shall be locked in as of the elate of this Agreement, and there shall be no additional entitlement fees for the Project. however, building permit fees, including fees for new new permits required after the date of this Agreement, will not be locked in at any rate, but rather will be the amount at the time of pulling building permits. Atiydefsrra f.,°R°r-dd'7rxl -�mlj 8-ail9iTf8C'1• kl• °£I�EFII EIa ^sv �� �' ;t. ,'�..,d.-�if€112ifk .. 1`n "—�L.Q :'; ..depte"� 5.8 Development, Construction and Completion of Work of Public Art. hi consideration for the extraordinary and significant benefits set forth in this Section, the Owner has been legally vested under Section 5.1 with regard to the zoning, perntitted uses, density, height, setback; design, size of structure and intensity of use of the Property. Owner shall include within the Project at a prime location visible to the public, a single or grouped permanent work of public art (the "Public Art "), The Public Ar shall conform in all respects to Exhibit C of this Agreement. Facilities specified in Section 5.ti.1 below must be designed and /or constructed prior to the triggering event. In the event that Owner foils to meet either of the triggering events set forth in Section 5.8.1., below, Owner shall pay the City an amount equivalent to one -half of one percent (0.5 %) of the estimated value of its Project, as conclusively specified by the Executive Director of the City's Planning and Building Agency, to be used by the City to acquire other public all for other locations within the City, in which case, Owner will not be considered in default tinder this Agreement. 75AL43 5.8.1 Work of Public Art. Items to Be Completed Triggering Event vent (E.z., New Use or New Areal 1, Submit Final. Design of Public Art. Prior to issuance of first Building Permit or five Final design must conform to Public Art (5) years from the effective date of this Agreement, Plait, whichever comes first. 2. Install Public Art. Prior to City's issuance of the first Certificate of Occupancy for any building or stLacture, or the expiration of the term of this Agreement, whichever comes first. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of work of public art encompassed in the Public Art Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such fonn and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2. Inclusionary Housing tee. Owner sliall C4y `he- r bea3sed -btk y fctr pining(inslttdrig bu�no imd to prepartLtien of ene -sr rnooree eletxreitls -o€tts genes �plau or ffrt + a L lu ertt s- -oeptaal- design fur °aosi d prep aratisn, award Of=t pr�pe"p kjal prepsrty-aequ it :^ e�tien l�rst geedwill itentattvel3wn®r- Wray warty titrto ease- ralrirtgsueh }3ayrnor. s F �� %tea a -tY Lgrveutttt ecs�ten egtti e' Ia�w- itielttsiena ieustrtg- nits- totrtlirt m_ r�ertt (�5 %)4 #hc�ertsir�ru3 #s- pr-epesesl- feu•- tlte- PrA}�tae�- p.<:r;�le �'��a"h- fst3+- (ede- seetien �Eb ) ? and�er (b} previcle for up -to si ty}iereent{(f�° of these- in�tisroi}ary tuts to rria4erate4noor &—ro idorrts at i reJee+ ^ 'leaEtlt &- �Str€ety Cello sestien -3-34 - 3kb)(2) comply ly with the terins and regulations of Article XVI11.1 of Chanter 41 of the Santa Ana Municipal Code. 5.8.3 No Redevelopment Subsidy. The Owner shall not be entitled to request or accept any agreement with the Santa Ana Community Redevelopment Developineat Agency for economic, debt service payments, or other assistance for the development of the Project. Failure to comply with this provision shall be deemed in and of itself to constitute a failure to in good faith comply with terms or conditions of this Agreement pursuant to the teens of Government Code section 65865.1. 75A1 -244 5.8.4. In -Lieu Park Development Fee. The Owner shall pay an in -lieu park development fee amount equivalent to the Park Dedication requirement. The fee shall be assessed at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34 -204 et seq. of the Santa Ana Municipal Code, as specified in said City's site plan review letter; provided, however that the fee may he increased yearly beginning twelve months following the effective date of this agreement, by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by the "Construction Cost Index -Los Angeles," published by Engineering News- Record, or substitute index chosen by the Executive Director of Planning and Building should that Index be discontinued. The fee shall be paid prior to issuance of each building permit. The City shall use said fees for new parkland, capital improvements at existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of amount of the fee), and seventy five percent (75 %) of said fees shall be utilized by the City in the Quadrant of the City (as set forth in the City's Park A &D Fee program) in which the Project is located. If not used or appropriated this fee shall be returned to Owner, consistent with the provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act, Government Code § 66000 et serf. F. IN F= x* l ■ 3 l•r- 1?i's-niid-C-iar "icGkntf s4---- iiir' p=- tirvp' EISS� 'l�- ttitittl-�3C- atlf3in5-t$ -ti• Y "Y* D D > ' 11 {1.H3i'�` a{�pr�valb iT Bury r eetitiWO9ireetei- 75AI45 o a� Co}r �'YVtkita'AI, tYtYti1� {i i a1 4'1CIV' en - alse..., peiT4ic[[Lngtorest-et'[Cw rn + n• r r, r nn 'EH@LSi °jv.:� ,�L'`ivi-co- ~roc ^oc;auam-rse�up. 5.9 Responsibility for Costs of Work of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Plan. 5.10 Moratoria. Moratoria enacted by the City for the public health, safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in this Agreement. 5.11. City to Receive Contract Documents, Owner shall furnish City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.12 Conditions of Discretionary Approvals, The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.13 Compliance with Governmental Requirements. Subject to and as otherwise provided by the terns of Section 5.1 above, Owner shall carryout the design, construction, and operation of the Project in substantial confomrity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property; including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City peritits and approvals, building, .plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 1.2101 et seq., Govermnent Code § 4450 et serf., and the Unruh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements "), 75A' -446 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall; at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865. 1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terns of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after anneal review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter ") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 63 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7, DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation, or statement made or famished by Property Owner to the City in conjunction with the Project is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Corte Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply with Governmental regulations; (4) Any other event, condition, act, or omission of Owner, or of its officers, agents, employees, consultants, special counsel,, or representatives, which materially interferes with the intent and objectives of this Agreement. 72 Procedure upon Default. (1) Upon the occurrence of an alleged default, City shall give Property Owner (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default tnay be satisfactorily cured. After proper notice and expiration of said thirty (30) clay cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to 75A -47 all defaults that may be eared within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City way terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the defatilt. Failure or delay in giving notice of default shrill not constitute a waiver of any default, nor shall it change the time of default. (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non - performance shall not be excused because of a failure of a third person. (4) An express repudiation, refusal, or renunciation of the contract, if the saute is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a bearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance by the Owner unprof table or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner, unless such an activity constitutes a breach of this Agreement by the City, or the City undertakes such an activity which renders impossible Owner's performance of its obligations or exercise of any of its rights vested under this Agreement. (G) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against City upon lawful termination of this Agreement. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 31 Discretion to Encumber, Thus Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 75A148 8.2 Entitlement to Written Notice of Default. The mortgagee of amortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within thirty (30) days following the date of default. City may modify or add to the provisions of this Section 8.2 at the request of any institutional lender or pension trust providing financing so long as such requested modifications or additions pertain only to the rights of a Mortgagee hereunder and are not otherwise inconsistent with the terms of this Agreement. 83 Releases. City agrees that upon written request of Property Owner and payment of all fees and performance of dre requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement; their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Change County, California. 9.3 Project as a Private Undertalcing. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set 'forth in Section I of this Agreement are part of this Agreement. 75A7-49 9,5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement; the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9,8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement have been entered into or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a- statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the City Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5: The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Severability. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any patty or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument; or the application of such term, provision, condition or covenants or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent peiruitted by law. 9.11 Counterparts, This Agreement has been executed in one or snore counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 9.12 Recording, The City Cleric shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. 75 tO 9.1.3 Estoppel Certificate. Either party may, at anytime, and from time to time, deliver written notice to the other party requesting such patty to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or, if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof,. The City Manager of the City shall have the right to execute any certificate requested by Owner. hereunder. The City acknowledges that a certificate hereunder may be rei.ied upon by transfers, Mortgagees, or other parties. 751'51 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CAP VALHO City Attqr,67. I n By: . Ryan FOR APPROVAL.,: VINCE FREGOSO Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager LEGADO AT THE MET, LLC 75Az$2 STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE On this day of 200. before me, a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the persotr who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to ire that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE } On this day of 200, before me, a. Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ of _., the that executed the within instlunrent, known to the to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant: to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 75A -53 EX141BIT "A" Property Legal Description REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOT I AS SHOWN ON EXHIBIT `B" OF LOT LINE ADJUSTMENT NO. 98.001 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED APRIL 9, 1998, AS INSTRUMENT NO. 19980210009 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: A NON - EXCLUSIVE RECIPROCAL EASEMENT FOR VEHICULAR INGRESS, EGRESS AND ACCESS, AS SET FORTH IN THAT CERTAIN DECLARATION AND GRANT OF EASEMENTS RECORDED APRIL 9, 1998, AS INSTRUMENT NO, 19980210011 AND IN THAT CERTAIN AMENDED AND RESTATED DECLARATION AND GRANT OF EASEMENTS RECORDED APRIL 15, 1998, AS INSTRUMENT NO, 19980222444, AND IN THAT CERTAIN AMENDED AND FULLY RESTATED RECIPROCAL EASEMENT AGREEMENT RECORDED NOVEMBER 11, 2004, AS INSTRUMENT NO. 2004001056213, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL A HEREINABOVE DESCRIBED, PARCEL C: AN EASEMENT FOR THE CONSRUCTION, INSTALLATION, MAINTENANCE AND REPAIR OF A STORM DRAIN AND RELATED LPROVEMENTS, AS SET FORTH IN THAT CERTAIN STORM DRAIN EASEMENT AND MAINTENANCE AGREEMENT RECORDED APRIL 18, 2005, AS INSTRUMENT NO. 2005000291720 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 75A -54 EXHIBIT "B" Property Site Plan To be inserted 75A -55 EXHIBIT "C" Public Art Plan Public art valued at one -half of one percent (0.5 %) of the total Project building permit valuation is required. Public art shall be comprised of a single art piece or grouped ail pieces to be placed at a final location to be determined as specified in section 2.5 of this Agreement. The public all should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in section 5.8.1 of this Agreement. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral pail of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed prursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. Expenses Not Allowed from Art Allocation i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) ii, Architect and Landscape Architect fees. [ii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. 75A -56 V. Lighting elements not integral to the illumination of the art piece. vi. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings, 75A -57 EXHIBIT "D" Cooperative Agreement for Off- -Site Improvements 75A -58 EXHIBIT "E" Remaining Offsite Mitigation Measures The Met at South Coast Public Improvements Lmpovement New sidewalk New driveway ( "pan" style) Dedication for 25' x 25' comer cut -off Sidewalk easement Street dedication 4" depressed curb Triple -left traffic mitigation measure, including sign bridge, signal modification, updated detection, and signing and striping on both streets Pavement Rehabilitation (minimum 2°" grind and overlay) Installation of new public fire hydrants Location Property frontage on First American Way First American Way NIE corner of MacArthur & Imperial Promenade 10' along property frontage of MacArthur Blvd, 60' from street centerline along MacArthur Blvd. Emergency access on MacArthur Blvd, Southbound Imperial Promenade at MacArthur Blvd On Imperial Promenade and First American Way along property frontage from curb to street centerline Along MacArthur Blvd. and First American Way 75A -59 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.0, Box 1988 Santa Ana, California 92702 EXEMPT FROM RECORDING FEES GOVERNMENT CODE § 6103 AMENDED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Dared: April 21, 2015 75A-60 ADDENDUM TO THE MET AT SOUTH COAST MULTI - FAMILY RESIDENTIAL PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (SCH NO. 201111.1.041) PREPARED FOR: City of Santa Ana Planning Division 20 Civic Center Plaza, M -20 Santa Ana, CA 92702 Contact: Verny Carvajal 714- 647 -5899 PREPARED BY: ICF International 1 Ada, Suite 100 Irvine, CA 92618 Contact: Tanya Jones 949- 333 -6600 March 2015 EXHIBIT 22 75A -61 ICI" International, 2015. Addendum to The Met at South Coast Multi- Family Residential Project Initial Study /Mitigated Negative Declaration (SCI1 No. 2011111041). March, (ICF 25.15,) Irvine, CA. Prepared for City of Santa Ana, Santa Ana, CA. 75A -62 Contents Listof Tables and Figures .. ... .... ....... .:.. ................................................ .. ........ .: ....... : ....... .... ___ ............ .. ii List of Acronyms and Abbreviations ....................................................................... ............................... ill Chapter 1 Introduction and Summary .................................................. ............................... ....1 -1 1.1 Purpose of Addendurn ................................................................................ ............................1 -1 1.2 Use of an Addendum to a Previously Adopted Negative Declaration ..................... --- ...... 1 -1 1.3 Evaluation of Environmental Impacts ........................................................ .............:..............1.2 1.5 Summary of Findings.... ........................................................... l .............................................. 1-3 Chapter 2 Project Description ............................................................................ ............................... 2 -1 2.1 Overview, ............ — ............................................................... .......... l ...................................... 2.1 2.2 Project Location .......................................................................................... ............................2.1 2.3 Existing Setting and Surrounding Land Uses ........ . ....... . ................ ... ..... .. .... . .......... ................ 2 -1 2.4 Description of Previously Approved Project .... .............. ..................................................... ...2 -1 2.5 Description of Changes to the Proposed Project... .......... ..... l ............ l .... l ........................ l .... 2-3 Chapter 3 Environmental Impact Analysis ....................................... ... ...... .... .................. .............. . .... 3 -1 3.1 Environmental Resources Found to Have No Impacts or Less - than - Significant Impacts..... . .............. .. ................................................................... ..... .. ... .......... . ................... ..3 -1 3.2 Environmental Resources Found to Have Less - than - Significant Impacts with MitigationIncorporated ....... . .................. . .................. . ............ . ................ .. .......... . ................. 3 -2 3.11 Air Quality .................................................. ............................... ........................ 3 -2 3.2.2 Biological Resources ... . ............................ ................. ...... .... . .... -- ....... .... ..... ...... 3 -3 3.23 Geology and Solis ...... ... .......................................... . .............. ........ . ....... .... ........ ..3 -5 12.4 Greenhouse Gas Emissions .......................... . ..... - ....... ,. ........... .... . ...... ...... ..... . .... 3 -6 32.5 Noise.—. .......... -- ...... l ................... l ............................. l ........................ l ........... ., 3-7 3.2.6 Public Services ... ............ . ............................. . ............... ---- .... .... ......... .... . ...... 3-8 3.2.6 Traffic .... ..... ................... .. .............................. — ......... .: ...... . ......... . ...... .... ............ .3 -9 Chapter4 References ......................................................................................... ............................... 4 -1 Appendix A Environmental Checklist The Met at Addendum 75A -63 March 2015 Tables and Figures Table 2.1 Summary of Project Features Analyzed in The Met IS/ MND ................. ....... ......... — ...... -- ................... ,2 -2 2 -2 Summary of the Differences between the Proposed Project and The Met IS /MND ..... ................. 2 -3 Figure Follows Page 2.1 Project Location Map... ... ....... ................ -- ....... ................. .............. ..................... .................. — 2-2 2.2 Aerial of the Existing Project Site.... ............... - ....... ....................... ........ - ........................... -- ....... --.2-2 2 -3 Original Site Plan for The Met IS/ MND . ...................................... ........................... .......................................... 2 -2 2 -4 Proposed Project Site Plan ... -- ..................... ....................... ..................... ............ „...,............... ........... ......... ...... 2 -3 2 -5 Proposed Project Grading and Drainage Plan ............ .. ..................................... ........................................... .2 -3 2 -6 Proposed Project South and West Elevations ... ............ ............................. ........................................ ........... 2 -3 2-7 Proposed Project North and East Elevations .......... — ............... .................... ......... ........................................ 2 -3 Coast addendum 75A -64 Acronyms and Abbreviations Basin South Coast Air Basin CEQA California Environmental Quality Act CNEL community noise equivalent level dBA A- weighted decibels GfIG greenhouse gas 1 -IVAC heating, ventilation, and air conditioning IS /MND Initial Study, /Mitigated Negative Declaration MUTCD Manual on Uniform Traffic Control Device SR -55 State Route 55 The Met at South Coast ,_ March 2oi5 Addendum 1° 75A -65 Chapter 1 Introduction and Summary 1.1 Purpose of Addendum Pursuant to the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., this Addendum is prepared to address potential environmental impacts as result of minor changes to The Met at South Coast Multifamily Residential Project located at 200 East First American Way within the southeastern portion of the City of Santa Ana, In April 2012, the City of Santa Ana adopted the Initial Study /Mitigated Negative Declaration (IS /MND) for The Metat South Coast residential development project (SCH No. 2011111041), which analyzed the impacts of the development of 284 multi- fannily residential units on a 3.1 -arse parcel, Modifications to the previous project design constitute the "proposed project" for the purpose of this document, and include: • an increase in the total number of acres developed; • an increase in the number of buildings constructed; • an increase in the total amount of open space; • an increase in the total number of parking stalls; • a decrease in the amount of grading; • a decrease In the construction duration; and • a change in project site access. This document, together with the other documents incorporated by reference herein, serve as the environmental review of the proposed project, as required pursuant to the provisions of CEQA, the State CEQA Guidelines at 14 California Code of Regulations Section 15000 et seq., and the City of Santa .Ana procedures for CEQA implementation 1.2 Use of an Addendum to a Previously Adopted Negative Declaration To ensure that impacts are within the scope of the previously certified IS /MND and no new significant impacts would result, the City reviews each application in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, When necessary, additional environmental analysis is completed consistent with Section 15162, including Negative Declaration Addendums or Subsequent Negative Declarations, State CEQA Guidelines Section 15164 states: "Art addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIRor negative declaration have occurred,- Pursuant to Section 15162 of the State CEQA Guidelines, when a negative declaration has been adopted for a project, no subsequent EIR (or negative declaration) may be The Met at South Coast _ 1 March 2015 Addendum 75A -66 City of Santa Are Chapter 1. Introduction and Summary required for a project unless the City determines, on the basis of substantial evidence, that one or more of the following conditions are met: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR [or negative declaration] shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances tinder which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of newsignifieantenvironmental effects or substantial increase in the severity of previously identified significant effects; or (3) New information of substantlal 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 as complete or the negative declaration was adopted, shows any of the following: (A) The project will hive one or more significant effects riot discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 1.3 Evaluation of Environmental Impacts This document, prepared pursuant to CEQA, constitutes an Addendum to The Met IS /MND and is prepared pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City of Santa Ana procedures for CEQA implementation. This Addendum relies on use of an Environmental Checklist Form, as suggested in Section 15063(d)(3) of the State CEQA Guidelines, The form includes a checklist to indicate whether the conditions set forth in Section 15162 of the State CEQA Guidelines that Would require a subsequent or, supplemental Negative Declaration are met, and whether there are new significant impacts resulting from the proposed project. The Environmental Checklist Form is used to review the potential environmental effects of the proposed project for each of the following areas: 1'he Mei at Addendum 1 -2 75A -67 March 2015 City of Santa Ana • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • 'Transportation /Traffic • Utilities and Service Systems chapter L IntrodvCtlon and 5UMMary The Environmental Checklist Form prepared for this project is found in Appendix A of this Addendum. It contains a series of questions about the project for each of the Impact categories. There are six possible responses to each of the questions included on the Environmental Checklist Form, as follows: 1. Substantial Change in Project Requiring Major IS /MND Revisions 2. Substantial Change in Circumstances Requiring Major IS /MND Revisions 3. New Information Resulting in New Significant Impacts 4. New Information Resulting in More Severe impacts 5. New Information Identifying New Mitigation Measures Available to Reduce Significant Impacts 6. Less Than Significant Impact/No Substantial Change From Previous Analysis 1.5 Summary of Findings Based on the Environmental Checklist and supporting environmental analysis, the changes to the proposed project would not result in any new significant impacts that were not previously addressed in The Met IS /MND. The scope of design modifications would not result in any new impacts that are not alreadycovered in The Met IS /MND, and none of the conditions set forth in Section ] 5162 of the State CEQA Guidelines that would otherwise require preparation of a subsequent Negative Declaration are met in this instance. The MeC at South coast 3 March 2015 Addendum 75A -68 Chapter 2 Project Description 2.1 Overview The project considered in this Addendum is largely unchanged from that evaluated in The Met IS /MND. The proposed project continues to Involve construction of a 284 -unit multi- ramll'y residential apartment complex oil a 3.1 -acre parcel in the MacArthur Place District Center in the City of Santa Ana, This chapter provides information regarding the proposed development, the project location, and existing conditions In the project area, with an emphasis on changes since preparation and approval of The Met IS /MND. 2.2 Project Location The project location would remain the same as previously analyzed in The Met IS /MND. The project site is a 3.1 -acre parcel located at 200 East First American Way in the southeastern portion of the City of Santa Ana. This site is on the northeast corner of MacArthur Boulevard and MacArthur, Place. Regional access is generally provided. by the MacArthur Boulevard exit for State Route 55 (SR -55). Figures 2 -1 and 2 -2 show tire project location and local vicinity. 2.3 Existing Setting and Surrounding Land Uses The project site remains vacant and undeveloped land. It is within an urban and developed area and is surrounded by roadways on three sides and a parking garage on the fourth. Land uses in the project vicinity include a combination of commercial, office, hotel, and multi- family residential uses. Adjacent land uses include: • First American Way followed by commercial office buildings to the north. • MacArthur Place followed by multi- family residential to the nortlTwesL • MacArthur Place followed by hotel uses (Doubtetree Hotel) to the west. • MacArthur Boulevard followed by residential and hotel uses (The Marke Apartments and Courtyard by Marriott) to the southwest. • MacArthur Boulevard followed by restaurantand commercial uses to the south. • Parking garage adjacent to the east. 2.4 Description of Previously Approved Project The Met IS /MND was adopted by the city or Santa Ana City Council on April 16, 2012. Previous approvals included a subdivision map to create condominium units, a Zoning Ordinance Amendment to Specific Development Plan 43 (SD -43) to increase the number of residential units The Met at South Coast z 1 March 2015 Addendum 75A -69 City of Santa Ana chapter 2. Project Description allowed for the site, an amendment to the Development Agreement, a variance to allow for tandem parking and a parking reduction, and approval of the site plan, The Met IS /MND analyzed the impacts of constructing podium -style apartment complex consisting of up to 284 multi- family residential units on approximately 2.5 acres of the 3,1 -acre project site. The remaining 0.6 acre was to remain vacant land as the site fora future building, with the previously proposed apartment buildings being located toward the western portion of the property. Figure 2.3 shows the original site plan far The Met IS /HIND. The previous project included five stories of multi- family rental units in three buildings, all of which would be constructed over a subterranean parking structure that spanned all three buildings. The maximum height of the buildings was to be approximately 55 feet. Approximately 56,800 square feet of open space courtyard areas would he developed between the buildings over the parking structure. The project would provide 284 residential units that would consist of 192 one - bedroom units, 82 two- bedroon units, and 10 three - bedroom units and would range in size from 744 to 1,383 square feet. The parking structure would provide 625 parking spaces in two subterranean levels of parking, In addition to parking on the streetlevel'. Vehicular access to the project site and parking garage would be provided from Bast FirstAmerican Way, Because Bast First American Way is a median- divided roadway, the ingress /egress would be provided by a right-in, right -out circulation pattern. In addition, construction of the previous project was anticipated to take approximately 22 months to complete and require excavation to a depth of 20 feet resulting in approximately 144,895 cubic yards of export soil material. Table 2 -1 summarizes the features of the previous project. Table 2 -1, Summary of Project Features Analysed in The Met ISJMND Project Feature Number Square Feet Percentage of Total One Bedroom + One Bath Apartments 1.92 744 -804 68% Two Bedroom+ Two Bath Apartments 82 1,021 -1,144 29% Three Bedroom +Two Bath Apartments 10 1,383 3% Total Apartments 284 1O0% Handicapped Parking Spaces 10 - 2% Tandem Parking Spaces 330 52% Full Size Parking Spaces 285 46% TotalParinng 625 100% Courtyard Recreation 31,550 56% Rooftop Recreation 12,400 22% Indoor Private Fitness Center 12,850 22% Total Recreation 56,800 100 Total Impervious Surface Area 111,017 The architectural style of the project would be contemporary /modern, incorporating concrete, cement boards, decorative panels, wood, and glass. Some units would have private outdoor balconies. The project would include the following amenities on the podium level: leasing office, business center, community room, theater, recreation and fitness center, pool, and spa. In addition, outdoor fire pits, outdoor harbeques, covered seating areas, a yoga area, and a putting green would be provided on the rooftop. Tile project would also provide a water feature at tire corner of The Met at South Coast Z Z March Addendum 75A -70 E In a 1 1 1 1 , 1 1 1 1 1 1 1 1 ea as son Qiin` lsnta,� antury High Scholl 1 on air L -T EdInge Mater at High f MID Ele many c, .0 tt r L- Th m sA oi- ne Ra; 1. S R 7aa r-a aAnalmel �esrnraha at. igh ch 0 rn r wrge a f 7 Ema+f Esq.ada Elemantary Sc, ool Wpr er 7' met Mon cg a 17!8chaol- I (30murnin 0 a oil I 13 Santa Ana 'y, Dyer yer addlebactiflph Sch I L -.:4 -J T orps Sta Nit, "Tq pdr� a r1h r on amen a nt SO f-T 7- 11 F-I tq.,d W e dark }N�illiam Tfl Elem S 0 1 , 1 � 4 Jman Coast l,,za 1C 1 1-7 rv, r 0 1,000 2,000 Feet Source: me Nor-.h America (2008) / ! 11 Figure 2-1 to Project Location Map Addendum to The Met at South Coast IS/MND 75A-71 !�« �y2 IDA2 9 . I E � \ ?� { Ams < ©� \` �\ � \� 2 ele , \\ aw. rrI V rl - -rte -- � -- -_ m � A �Jrf _ Mow 0 m R 11 1- Vfir 4L Cc 2w T .1. 0 Vim. 0 I 0 75A-73 T lz a ry Z Z tL q1 40 0 CL 0 IM. -1: E O3 V G 0 V V Cc City of Santa Ana Chapter2. Protect Description MacArthur Place and MacArthur Boulevard and a water feature at the leasing office located at the corner of MacArthur Place and First American Way, 2.5 Description of Changes to the Proposed Project The proposed project consists of developing 284 mild - family residential units, which is unchanged from the project previously analyzed in the 2012 IS /MND. However, the units would be spread among six 5 -story buildings on the full 3.1 -acre site. The maximum height of the buildings would remain 55 feet. The proposed project would also increase the number of parking stalls within the subterranean garage to 630 and provide a total of 72,830 Square feet of recreation and open space. Access to the proposed project's parking garage would be via the driveway shared with the parking structure to the east. The circulation pattern in and out of the shared driveway would still be controlled by a right -in, right -out ingress /egress from Bast First American way. The construction phase would shorten to 12 months and require excavation to a depth of 22 feet, resulting in only approximately 34,000 cubic yards of export soil material. The architectural style of the proposed project would remain the same with a contemporary /modern design and would incorporate concrete, cement boards, decorative panels, wood, and glass elements. Discretionary approvals would Include site plan review, amendment to the Development Agreement, and adoption of the Addendum. Table 2.2 summarizes the features of the proposed project and the differences from The Met IS /MND, and Figures 2 -4 through 2 -7 show the engineeringand architectural plans for the proposed project. Table 2.2. Summary of the Differences between the Proposed Project and The Met IS /MND The Met Feature Development Area 3.1 acres Z.5 acres +0.6 acre Number ofHadldings 6 3 +3 Studio Apartments 14 - 414 One-Bedroom Apartments 129 192 -63 Two - Bedroom Apartments 136 82 454 Three-Bedromn Apartments 5 10 +5 Total Apartments 284 284 0 Handicapped Parking Spaces 14 10 +4 Tandem Parking Spaces 260 330 -70 Full Size Parking Spaces 356 285 +71 Total Parking 630 625 +5 Total Recreation & Open Space 72,830squarefeet 56,800squarefeet +16,030squarefeet Total Impervious Surface Area 97,121 squarefeet 111,017squarefeet - 13,896squarefeet Excavation 34,000cubicyards 144,895cubicyards - 110,895cubicyards Construction Duration 12 months 22 months -10 months The Met of SoUth Coast 2-3 March 2015 Addendum 75A -74 -------- - - ------ - --- 14 aUv f6 UC)H.Luvuvn 75A-75 cp Z IL .1m iz v m 0 tA 0 CL V c W V "a Cc 01 a Z 5 q tltu L E (z I I g9�(•G" S5® ��bg� ¢� jRFFy'F 21 Yyy�i i §G LjE� q ��E .i i'a � 33 F 1 1 I I 1 �� amunmenmuva wuwxn I �/. (I q&ff gg rFfi� pQ$ 1 � 1 - -ti L_•,___ I ( 5 y 4 M r 1 f 1 Ig' { 3 � O a¢ {; 1 1 p j F I I I e L I. AJ g I i 75A -76 va c p rrvaZ � Im tl C R i `O 00 IQ a l7 L` a v L a O C 6 i b � O "aa CL Q szex1E :« � Ea g) §(§)(§ ezm<»xz» ! ) es d ( § \ ! § ) § /.j? � 75A-78 � -c �0§ kk AA 7§ \� }� _S \k §k �) �2 IAL > , ! ) szex1E :« � Ea g) §(§)(§ ezm<»xz» ! ) es d ( § \ ! § ) § /.j? � 75A-78 � -c �0§ kk AA 7§ \� }� _S \k §k �) �2 IAL Chapter 3 Environmental Impact Analysis This chapter summarizes the environmental impacts analyzed in The Met IS /MND, and evaluates additional or new potential environmental impacts that would occur as a result of changes in project features. It also identifies appropriate mitigation measures, as necessary, that would reduce the significance of additional or new potential environmental impacts. 3.1 Environmental Resources Found to Have No Impacts or Less- than - Significant Impacts The following resources were found to have eitherno impacts or less- than - significant Impacts in The Met IS /MND: • Aesthetics • Agricultural and Forestry Resources • Cultural Resources • Hazards and Hazardous Materials • Hydrology /Water Quality • Land Use /Planning • Mineral Resources • Population /Housing • Recreation • Utilities /Service Systems The proposed project would continue to develop 284 multi- family residential units with minor modifications to the following project elements: • an increase in the total number of acres developed; • an increase in the number of buildings constructed; • an increase in the total amount of open space; • an increase in the total number of parldng stalls; • a decrease in the amount of grading; • a decrease in the construction duration; and • a change in project site access. Based on the minor changes, it is expected that impacts would remain relatively the same for the resources mentioned above and project changes would not result in additional or new significant impacts that were not previously addressed in The Met IS /MND. Impacts resulting from the proposed project for the resources mentioned above would continue to either have no impacts or, less - than - significant Impacts and would not represent a substantial change from the previous conclusions in The Met IS /MND. The Met at south Coast 3-1 March 2(7L5 Addendum 75A -79 City of Santa Ana Chapter 3. Environmental Impact Analysis 3,2 Environmental Resources Found to Have Less- than - Significant Impacts with Mitigation Incorporated The following resources were found to have Less- thamsignificant impacts after implementation of mitigation in The Met IS /MND: • Air Quality . Noise • Biological e PublicServices • GeologyandSoiis . Traffic • Greenhouse Gas Emissions Because the proposed project would restiltin minor development modifications to the previous project, it is expected that impacts would remain relatively the same for the resources mentioned above. A summary of The Met I3 /MND findings is provided, followed by a qualitative discussion of the impacts associated with the proposed. project modifications and significance of the impacts for each of these resources below. Mitigation measures as published in The Met IS /MND are included and have been modified slightly to correct errors in the original document. These corrections do not affect the impact conclusions or change the effectiveness of mitigation. These minor changes are shown in underline and test. 3.2.1 Air Quality The Met IS /MND found that the previous project would result in less- than - significant impacts after implementation of mitigation related to the violation of air quality standards. Less-than-significant impacts were found to occur related to conflicts with an applicable air quality plan, a cumulatively considerable increase of criteria pollutants, sensitive receptors, and objectionable odors. The project site is within the South Coast Air Basin (Basin), where state and federal air quality standards are occasionally exceeded. Similar to the previous project analyzed in The Met IS /MND, the proposed projectwould continue to contribute to regional air pollutant emissions during construction and operation; however, emissions would be reduced during construction because of the shortened construction schedule (from 22 months to 12 months) and the decreased In the amount of excavation required (front 144,£395 cubic yards to 34,000 cubicyards). Therefore, the proposed project's contribution to existing or projected air quality violations would be lower compared with the previous projectanalyzed in The Met IS /MND. Furthermore, the proposed project would be required to Implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met 1S /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions In The Met IS /MND. Applicable Mitigation Measures Mitigation Measure AQ -1: Prior to the issuance of grading permits, the City of Santa Ana Planning and Building Agency will ensure that Phase 1. of construction of the proposed project will be extended front 19 weeks to a minimum of 21 weeks, and that the maximum number of truck trips The Met at South Coast 3-2 March 2015 Addendum 75A -80 City of Santa Ana Chapter 3. Environmental Impact Analysis for export of soil /excavation material be reduced to a maximum of 60 trips per day, thereby reducing the daily intensity and NOx emissions of Phase 1. Mitigation Measure AQ -2: The City of Santa Ana Planning and. Building Agency will require by contract specifications that construction- related equipment, including heavy -duty equipment, motor vehicles; and portable equipment, will be turned off when not in use for more than 5 minutes. Contract specification language will be reviewed prior to issuance of a grading permit, 3.2.2 Biological Resources The Met IS /MND found that the previous project would result in less- than - significant impacts after implementation of mitigation related to habitat modifications, riparian habitat, federally protected wetlands, and wildlife corridors. No impacts were found to occur related to local policies or ordinances protecting biological resources or habitat conservation plans. The project site consists of an undeveloped but disturbed parcel that appears to have been graded . and routinely mowed. The project site is mostly composed of ruderal (weedy) vegetation consisting of normative grasses and ornamental trees and shrubs. However, during investigations performed as part of the Biological Resources and jurisdictional Delineation Report (1CF' International 2011) for the previous project, approximately 16 individuals of southern tarplant were observed and mapped within the central portion of the project situp The California Native Plant Society designates southern tarplant as a t,ist 18.1 plant, indicating that the plant is considered to be "rare throughout their range and seriously threatened in California (over 80 percent of occurrences being threatened or in high degree and immediacy of threat)" (CNPS 2011). Furthermore, vernal barley is known to occur in mesic grasslands, vernal pools, and alkali flats or depressions, While not observed on the project site, because, of relatively moist conditions, vernal barley is considered to have a moderate potential to occur, Additionally, vernal barley is also known to co -occur with southern tarplant; which was observed on site. The site visits were conducted outside of the known blooming period for vernal barley, which is from March through )une, As such, If this plant occurs on site, it would not have been detectable during the site visits, Vernal barley is classified as sensitive plant species (CNPS 12). In addition, two small wetland areas totaling 0.021 acre (832 feet) were Identified and delineated in the western portion of the project site and are considered to have the ability to support riparian vegetation. However, because the wetlands are so small and not adjacent to one another, they provide limited benefits and potential riparian habitat areas. Furthermore, although the Biological Resources Report determined that no special- status wildlife occurs on the site, the trees within the project site provide potentially suitable nesting habitat forvarioius bird species. Potential impacts on nesting birds may occur if removal ofthe existing ornamental trees occurs during the breeding season (February 15 through September 31). The proposed project would not result in new or additional impacts beyond those previously analyzed in The Met 1S /MND. The locations of biological resources discussed above were within the footprint of the previous project; therefore, even with the increase in development area, impacts are not expected to be greater than those originally analyzed for the previous project. Furthermore, the proposed project would be required to implement at] mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. The Met at South Coast March 2015 Addendum 3-3 75A -81 City of Santa Ana Applicable Mitigation Measures Chapter 3. Environmental Impact Analysis Mitigation Measure Bi0-1: Prior to Issuance of grading and building permits, the project applicant will retain a qualified biologist to prepare and implement a restoration plan For the impacts on 16 individuals of southern tarplant. The mitigation plan will be subject to the approval of the 'C-1 California Department of Fish and Will illFe. The mitigation plan will Include measures to mitigate the loss of southern tarplant and will outline the location and ownership of the mitigation area, transplanting and/or seed collection, and propagation methodology as well as addressing any contingency plans to be used. Methods used may include, but not be limited to, the following methods. The plants will be counted and retained in place until they die back and the seed can be collected. The plant seed will be stored in brown paper bags in a cool location until they have fully dried out and the seeds dehisced. The seeds will not be stored longer than 'L years because the viability of the seed dramatically drops. A qualified biologist will identify an appropriate offsite conservation area within the local watershed that will accept the seed for broadcasting within a suitable and comparablye- sized receptor site until a 1:1 ratio (of the number of individuals to the habitat impacted) is met. The qualified biologist will be responsible for locating the offsite conservation area and ensuring the restoration of the impacted southern tarplant at the offsite Conservation area. Mitigation Measure Bi0-2: Prior to issuance of grading and building permits, the project applicant will retain a qualified biologist to conduct a preconstruction survey of the project site for vernal barley during its booming season (March through )une). The results of the vernal barley survey will be provided to the City of Santa Ana Planning Manager, prior to issuance of grading permits. If vernal bape4,barlev is identified on the project site during the plant survey, the following measures will be required: The project applicant will retain a qualified biologist to prepare and Implement restoration plan for the vernal barley, The mitigation plan will be subject to the approval of the GWC- California Department of Fish and Wildlife. The mitigation plan will include measures to mitigate the loss of vernal barley and will outline the location and ownership of the mitigation area, transplanting and /or seed collection, and propagation methodology as well as addressing any contingency plans to be used. Methods used may include, but not be Limited to, the fallowing methods. The vernal barley seed wifl be collected prior to project commencement for use in the seed mix for coastal sage scrub /native grassland restoration areas. The receiver sites will support clay soils and other conditions suitable for vernal barley. In addition, where feasible, clay soils will be salvaged from the project site and appropriately transported to restoration areas to provide a seed bank. A qualified biologistwill identify an appropriate offsite conservation area within the local watershed that will accept the seed for broadcasting within a suitable and comparablye sized receptor site until a 1:1 ratio is met, The qualified biologist will be responsible for locating the offsite conservation area and ensuring the restoration of the impacted vernal barley at the offsite conservation area. Mitigation Measure BIO -3: Prior to Issuance of grading and building permits, the applicantwiU retain a qualified biologist to conduct preconstruction nesting bird surveys prior to removal, trimming, or any othertree ^^ li related activities that will occur within breeding /nesting season (February 15 through September IS). Prior to commencement of tree related activities during this timefr•arrte, a qualified biologist will perform a preconstruction survey to determine whether nests are present in or around the proposed project area. If a nest is found, an appropriate bufferwill be established by the qualified biologist. No construction or other activities will be allowed to occur within the buffer until the young have fledged or the nest becomes inactive. The The Met at South Coast 3-4 March 2015 Addendum 75A -82 City of Santa Ana Chapter 3. Environmental Impact Analysis results of the preconstruction nesting bird survey will be provided to the City of Santa Ana Planning Manager, prior to issuance of grading permits. Mitigation Measure T3T0.4: Prior to issuance of grading and building permits, the project applicant will retain a qualified biologist to prepare a wetland mitigation plan, The mitigation plan will be subject to the approval of the Santa Ana 4` QGB Regional Water Quality Control Board. The mitigation plan will include measures to mitigate the loss of 0;021 acre of wetland, which may include creation of new wetland areas or enhancement of existing wetland or non - wetland jurisdictional waters at minimum 2:1 ratio. Creation or enhancement maybe conducted through an approved in -lieu fee program, such as those provided by the Santa Ana Watershed Association, The applicant will process requests foe applicable permits from the appropriate jurisdictional agencies. All permit requirements and conditions of permit approval will be implemented as part of the project. 3.2.3 Geology and Soils The Met TS /MND found that the previous project would result in less - than - significant impacts after implementation of mitigation related to seismic ground shaking, seismic - related ground failure, unstable soils, and expansive soils. No impacts or less - than - significant Impacts were found to occur related to earthquake fault rupture, landslides, erosion, and septic tanks, The major geologic constraints on the project site Include its location within a seismically active region and fairly close to several major active faults, and its susceptibility to ground failure as a result of liquefaction and unstable and expansive soils. Changes to project features, such as increasing the total number of acres developed and buildings' constructed and decreasing the amount of grading required, would not increase the severity of these impacts. Furthermore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure G130 -1: Prior to the issuance of grading or building permits, a design -level geotechnical investigation will be prepared by the project applicant and submitted to the City of Santa Ana Planning and Building Agency for review and confirmation that the proposed development fully complies with the California Building Code. The report will address potential seismic hazards such as groundshaking and liquefaction. The report will identify building techniques appropriate to minimize seismic damage. All design criteria and specifications set forth In the geotechnical report will be implemented as a condition of project approval. At a minimum, the design level geotechnical report will include the following: • Project design capable of withstanding seismic hazards associated with sarong ground motions, liquefaction, seismicaliy induced settlement, and expansive soils. • Earthwork procedures to address subsurface conditions (e.g., high groundwater conditions, soil composition, expansive and corrosive soils) including removal, moisture conditioning, and compaction. Tile Met at 50ntn Coast March 2615 Addendum 75A -83 City of Santa Ana Chapter 3. Environmental Impact Analysis • Procedures and engineered designs related to site grading, densification of subsurface soils, shallow and deep foundations, retaining walls, lateral loads, flexible pavements, and drainage. • Foundations, soils preparations, and slabs design to resist the effects of the expansive soils. • Where the project extends below the groundwater level, a mat foundation designed to resist hydrostatic pressures will be used to support tine building. The mat foundation and exterior walls will be water proofed and designed to resist hydrostatic uplift forces date to shallow groundwater and settlement of soils due to groundwater or seismic related movement. • Recommendations regarding appropriate foundation design, including type arid depth of foundation footings, bearing pressure, and lateral loads. 3.2.4 Greenhouse Gas Emissions The Met IS /MND found that the previous project would result in less- than- siginificantimpacts after implementation of rriitigation related to the generation. of greenhouse gas [GHG) emissions. Less- than-significant impacts were found to occur related to conflicts with all applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. As discussed in The Met IS /MND, construction of the previous projectwould generate GHG emissions through the use of on -site heavy -duty construction equipment and off -site vehicle trips generated byconstruction workers as well as haul /delivery trucks that travel to and from the project site. Mobile source emissions would result from the use of construction equipment such as graders, scrapers, bulldozers, wheeled loaders, and cranes. Operational emissions would be generated by mobile, energy, waste, andwater consumption sources. The proposed projectwould also generate construction and operational GHG emissions that are expected to be similar, if not lower, as a result of shortening the construction phase from 22 months to 12 months and decreasing the amount of excavation required from 144,895 cubic yards to 34,000 cubic, yards. Therefore, the proposed project's contribution to GHG emissions would not exceed the amount previously analyzed and disclosed in The Met IS /MND. Furthermore, the proposed projectwould be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed projectwould not representa substantial change from the previous conclusions in The Met IS /MND. Mitigation Measure GHG -1; Prior to the issuance of building permits, the project applicant will prepare a recycling /solid waste reduction plan that includes equal provisions for both recyclinge and solid waste facilities and provides recycliIIge and solid waste disposal services that are consistent with Municipal Code Section 1.6 -37. This plan is subject to review and approval by the City of Santa Ana Public Works Agency. The City will ensure that the proposed project includes a recycling /solid waste reduction program that can achieve a minimum reduction of 50 percent by volume. Mitigation Measure GHG -2: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates energy conservation measures in Title 24's 2008 Building Energy Efficiency Standards into the design of the The Meta[ South Coast 36 Addendum 75A -84 City of Santa Ana Chapter 3. Environmental Impact Analysis proposed project that exceed mandatory requirements, and may include, but will not be limited to, the following: • Building form and orientation will maximize use of natural lighting. • Indoor /outdoor lighting will apply energy etfieiertttechnolo,gles, • Insulation and window glazing will minimize heat transfers to regulate internal temperatures. Building envelope and internal layout will be designed for efficient insulation, headng, and cooling of space. Hot water systems will Incorporate the latest technologies, s installation of efficient heating, ventilation, and air conditioning (FIVAC) units will minimize energy demands. Mitigation Measure GHG -3: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates water conservation measures that may include, but will not be limited to, the following: • Use water- efficient landscaping, including drought tolerant, native, and appropriate climate zone species. Incorporate efficient irrigation systems, including drip, micrornisters, and smart irrigation controls. o Minimize the use of turf grass, and limit it to the athletic fields and smaller portions of the passive park areas. • Reduce potable water demands by installing water - conserving fixtures (low -flow faucets, toilets, urinals, etc.). 3.2.5 Noise The Met IS /MND found that the previous project would result in less - than - significant impacts after mplementation of mitigation related to generation of noise levels in excess of established standards and substantial temporary or periodic increases in ambient noise levels in the project vicinity, No impacts or less- than - significant Impacts were found to occur related to groundborne vibration, permanent increases in ambient noise levels, and being located within an airport land use plan or in the vicinity of a private airstrip. As a result of the proposed project's minor modifications to project elements, such as an increase in the numberof buildings constructed and a decrease in the amount of grading and construction duration, impacts are expected to be similar to those analyzed and disclosed in The Met IS /MND• Furtheranore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met iS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure N01 -1: To reduce construction noise generated by the proposed project, the City will ensure that the contractor will implement the following measures: The Mee at south Coast March 2015 Addendum 3.7 75A -85 City of Santa Ana Chapter 3. Environmental Impact Analysis • All mobile or fixed noise- producing equipment used on the project that is regulated for noise output by a local, state, or federal agency will comply with such regulation while in the course of project activity, • Electrically powered equipment will be used instead of pneumatic or internal combustion powered equipment, where feasible, • Material stockpiles and mobile equipment staging, parting, and maintenance areas will be located as far as practicable from noise - sensitive receptors. • The use of noise- producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only. • The onsite construction supervisor will have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the City will be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor, • Construction signs will be posted at the project site Identifying a contact name and phone - numberto register noise complaints. Mitigation Measure N01 -2: First row residential units within the project that face MacArthur Boulevard with planned exterior uses, such as balconies, will be provided with noise reduction barriers. Such barriers will provide a minimum noise transmission loss of 20 decibels 49. Mitigation Measure NOi -3: Air conditioning systems will be provided for all residential units that face MacArthur Boulevard to ensure that doors and windows can remain closed for prolonged periods of time. Mitigation Measure N01.4: All residential units that face MacArthur Boulevard will be fitted with acoustically rated windows (minimum Sound Transmission Class rating of 35) to reduce exterior /interior noise transmission, Additionally, any residential doors with a direct exposure to MacArthur Boulevard will meet a minimum 5tad Transmissinn Class &TG rating of 35 and be fitted with tight, seats, and vents and ventilation openings will be designed to ensure that the interior noise levels of the habitable rooms do not exceed 45 A- weighted decibels (dBA) community noise, gsluivalent level (level CNEL). Mitigation Measure N01.5: During design all residential units located within the 65 dBA CNEL content, for SR -55 and along MaCArthur$oulevard will be designed with insulation (minimum Sound Transmission Class rating of 35) to reduce traffic noise to the greatest extent practicable. 3.2.6 Public Services The Met IS /MND Found that the previous project would result in less- than - significant impacts after implementation of mitigation related to school services. Less- than - significant impacts were found to occur related to Fire and police protection services, parks, and other public facilities. As the proposed project would not increase the amount of units developed or the number of residents or students generated, impacts would be the same as those previously analyzed and disclosed in 'The Met IS /MND.Furthermore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been The Met at South Coast 8 March 20I5 Addendum 75A -86 City of Santa Ana Chapter 3. Environmental Impact Analysis identified, and the proposed project would not represent a substantial change front the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure PS -1: Consistent with City, Santa Ana Unified School DiatrlctSAUSD, and California Government Code Section 65995 requirements, the project applicantwill pay statutory school fees prior to issuance of building permits. The school fees paid will be those that are in effect at the time of receipt of building permits. 3.2.6 Traffic The Met IS /MND found that the previous project would result in less- than - significant impacts after Implementation of mitigation related to conflicts with an applicable plan and substantially increasing hazards because of a project design feature. No impacts or less - than - significant impacts were found to occur related to an applicable congestion management program, changes in air traffic patterns, inadequate emergency access, and conflicts with adopted policies regarding public transit, bicycle, or pedestrian facilities. Although the proposed project Includes minor modifications to project elements, such as shortening the construction schedule and moving access to the parking garage to via the shared driveway between the project site and the parking structure to the east, impacts are expected to be similar to those analyzed and disclosed in The Met IS /MND. Furthermore, the proposed projectwould be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below, No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed projectwould not representa substantial change from the previous conclusions in The Met IS /MND, Applicable Mitigation Measures Mitigation Measure TR•1: Prior to issuance of construction permits, the project applicant will develop a Construction Management Plan in coordination with the City of Santa Ana Traffic Engineer to address the following issues: • Designate traffic control for any street closure, detour, or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, dies, piping, windows), to access the site, traffic controls and detours, and proposed construction phasing plan for the project. 0 Specify the hours during which transport activities can occur and methods to mitigate construction - related impacts to adjacent streets. • Require the contractor to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The applicant will clean adjacent streets, as directed by the City Traffic Engineer (ora representative of the City Traffic Engineer), of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Allow hauling or transport of oversize loads between the hours of 9:00 AM and 2:00 PM only, Monday through Friday, unless approved otherwise by the City Traffic Engineer. No hauling or transport will lie allowed during nighttime hours, weekends, or federal holidays. The Met at Somh Coast March 2015 Addendum '3 -g 75A -87 City of Santa Ana • Prohibit use of local streets. Chapter 3. Environmental Impact Analysis • Require haul trucks entering or exiting public streets to yield to public traffic. + Provide a flag person at the intersection of First American Way and First American Way (i.e., first location immediately east of the project site) to ensure that vehicle conflicts between haul trucks and all other vehicles are minimized. • Require that if hauling operations cause any damage to existing pavement, street, curb, and /or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs will be completed to the satisfaction of the City Traffic Engineer. • Require all constructed - related parking and staging of vehicles to be kept out of the adjacent public roadways and instead be kept on site. • Meet the standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of Santa Ana requirements. Mitigation Measure TR -2: Prior to issuance of occupancy permits, the project applicant will be responsible for the installation of a stop sign and stop bar (stop line on the pavement) at the project driveway on First American Way. Turning movements will be restricted to "right -turn in /right -turn out' only. The stop sign and stop bar will be Identified in the projects plan check submittal documentation. the Met at South Coast 3 -10 March 2015 Addendum 75A -88 Chapter 4 References Printed References California Native Plant Society (CNPS). 2011. inventory of Rare and Endangered Plants (online edition, v7 -11). Sacramento, CA. Accessed: August 2011., 1CF International. 2011, Biological Resources and Jurisdictional Delineation Report for The Metat South Coast Project Site, City of Santa Ana, Orange County, California. September, Irvine, CA. The Met at South Coast March 2015 Addendurn 75A -89 Appendix A Environmental Checklist 1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views to the area? 2 AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model( t997) prepared by the California Dept. of Conseivatlon as an optional model to use In assessing impacts on agriculture and farmland. In determining whether Imoacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's Inventory of forest land, Including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement molhodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? the Met at South Coast A-1 March 2015 Addendum 75A -90 CFj C CN `p id da C N_ z 3 C M ISSUES: NUn z= z5 zzKN jELL 1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views to the area? 2 AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model( t997) prepared by the California Dept. of Conseivatlon as an optional model to use In assessing impacts on agriculture and farmland. In determining whether Imoacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's Inventory of forest land, Including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement molhodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? the Met at South Coast A-1 March 2015 Addendum 75A -90 City of Santa Ana . Appendix A. Environmental Checklist way C E N a® cZ m N U P eCa ISSUES: y ¢ — c) Conflict with existing zoning far, or cause v2 Lm rezoning of, forest land (as defined In Public CPY^ VI N'Y Resources Code section 12220(8)), timberland (as defined by Public Resources yry,a Code section 4526), or timberland zoned E} Timberland Production (as defined by p Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Result In the loss of forest land or conversion of forest land to non - forest use? Appendix A. Environmental Checklist • 3 AIR QUALITY Where available, the significance critere established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net Increase of any crhorla pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odor affecting a substantial number of people? 4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local e or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The Met at South Coast Addendum A -2 75A -91 way C E N 2 v2 Lm Cy CPY^ VI N'Y M yry,a E} p • 3 AIR QUALITY Where available, the significance critere established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net Increase of any crhorla pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odor affecting a substantial number of people? 4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local e or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The Met at South Coast Addendum A -2 75A -91 City of Santa Ana Appendix A. Environmental Checklist The Metal Scott) Coast A-3 March 2015 . Addendum 75A -92 ISSUES: w ot,S m ink for n,cy s o F K 'Fm IE m 2 inz� InU� 'GC rn c Em c= c�m$ E u EaH ;N 3 a Z 6 N , ZZQ.EnE c c U 8�� w 0 m m E b) Have a substantiat adverse effect on any riparian habitat or other sensitive natural community identified In local or regional plans, policies, and regulations or by the + California Department of Fish and Game or U. 5, Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal + pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other ',.. means? d) '', Interfere substantially with the movement of ".. '.. any native resident or migratory fish or wildlife species or with established native !. resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? a) Conflict with any local policies or ordinances protecting biological. resources, such as a tree preservation policy or + ordinances? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5 CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change In the significance of a historical resource as defined in § 15064.5? a) Cause a substantial adverse change In the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, Including those Interred outside of formal cemeteries? The Metal Scott) Coast A-3 March 2015 . Addendum 75A -92 City of Santa Ana MUM G GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, Including the risk of loss, injury, or death Involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map Issued by the State Geologist for the area or based on other substantial evidence of a known fault? it) Strong seismic ground shaking? fit) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result In substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18.1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 7 GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Appendix A. Environmental Checklist d rnp m c rn EE aq r�� ar a c °CE °Yi'.a 1 g zec 3§ zzaiiE g mui a s s a The Met at South Coast March 2015 Addendum A-4 75A -93 City of Santa. Ana Appendix A. Environmental Checklist V c9 0.D cud 7$ 5. 'E} vu aF o K E ii our �a9 VN appe 21 L �•C �) N C�� LD N O N RN Oy 2 m r`Ou .P LAS .P r'ziU NON AJG &�' L� 61�Ym N E 4W'N Z Z s ZZC,N y 6 ISSUES: Nrca NUY �6LL 8 HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? G) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within on"uarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a. result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair Implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 The Met at South Coast A-5 March 2015 Addendum 75A -94 City of Santa Ana Appendix A. Environmental checklist The Met at South Coast March NOES Addendum A-6 75A -95 e a e z C $ E g m rnwo e C N 6 Ile Issues: F y z.S zP 2x4¢%n yis2 r'n ii i4 9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? ° b) Substantially deplete groundwater supplies or Interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the '... o production rate of pre- existing nearby wells would drop to a level which would not '... support existing land uses or planned uses '.. for which permits have been granted)? c) i Substantially alter the existing drainage pattern of the site or area, including through', the alteration of the course of a stream or river, . in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage I pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner in which would result in flooding on- or off- site? a) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? I) Otherwise substantially degrade water quality? gY Place housing within a 106 -year flood hazard area as mapped on federal Flood Hazard Boundary or Flood Insurance Rate ° Map or other flood hazard delineation map? h) Place within a i 60 -year flood hazard area structures which would Impede or redirect flood flows? 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as aresult of the ° failure of a levee or dam? The Met at South Coast March NOES Addendum A-6 75A -95 City of Santa Ana Appendix A. Envlronmemal Checklist 90 LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? �) l Conflict with any applicable habitat conservation plan or natural community conservation plan? II MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12 NOISE Would the project result In: aj Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantially permanent Increase In ambient noise levels in the project vicinity above levels existing without the project? n 0 r a The Met at South Coast A-7 March 2015 Addenduru 75A -96 m a M1Z 1Y ,2 d 0 p > a = a c pcn eaa o0 ov o� a9mtt rv� y a�tt.E Z ainm p.mgm cut3 CGO G1N V! CS' �p 6^�NIC �'Z6 yy 5.42ie� `p2 3i vri' m aE ISSUES: ,a�� K mum Z 1 T) r-- - jj Inundation by selche, tsunami, or mudflow? i 90 LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? �) l Conflict with any applicable habitat conservation plan or natural community conservation plan? II MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12 NOISE Would the project result In: aj Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantially permanent Increase In ambient noise levels in the project vicinity above levels existing without the project? n 0 r a The Met at South Coast A-7 March 2015 Addenduru 75A -96 City of Santa Ana Appendix A. Environmental Checklist 13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14 PUBLIC SERVICES Would the project: a) Result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: 1) Fire protection? ii) Police protection? a r The Met at South Coast Addendum AS 75A -97 Sz c Z� E a WWI C O vS eel f7 r e u C p Gg V1C �6 issues: �'n�a yug °zl c a Ew d) 'A substantial temporary or periodic increase' In ambient noise levels in the project vicinity s above levels existing without the project? a) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working In the project area to excessive noise levels? 13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14 PUBLIC SERVICES Would the project: a) Result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: 1) Fire protection? ii) Police protection? a r The Met at South Coast Addendum AS 75A -97 City of Santa Ana Appendix A. Environmental Checklist 15 RECREATION Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities . such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16 TRANSPORTATION Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, Including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change In location that results in substantial safety risks? The Met at South Coast Addendum A -9 75A -98 e y m m a O c Na v� NG .Sgo 6 K� C am 9 ry �!-° , Nc eE C bri°' c�a rte. tmr �} E °mw� m �� pv Lam O wBl a vEy wC. mdb N a Cpl GibN('q EH CO 4y"NW .aCjd Z IS ISSUES:' ill) Schools? iv) Parks ?_. v) Other public facilities? 15 RECREATION Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities . such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16 TRANSPORTATION Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, Including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change In location that results in substantial safety risks? The Met at South Coast Addendum A -9 75A -98 e City of Santa Ana 17 UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? n Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The Met at South Coast A -10 Addendurn Appendix A. Environmental Checklist ac cZd z e m Lim CS, U�a o�gg CC2 .P b ISSUES: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or Incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or 0 0 programs regarding public transit, bicycle, .QN or pedestrian facilities, or otherwise .°. AC decrease the performance or safety of such ''.. N facilities? E n 17 UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? n Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The Met at South Coast A -10 Addendurn Appendix A. Environmental Checklist 75A -99 r r r M r March 2015 g M C n z e m Lim CS, o�gg 0 0 rAZ .QN S .°. AC �OS N em E n 5syg tia 32 Z }y�#yy m m E 2 C C 2ZatN r1 E W mom 75A -99 r r r M r March 2015 City of Santa Ana Appendix A. Environmental Checklist The Met at South Coast A-11 March 2015 Addendum 75A -100 ISSUES: i❑ c c,n G OrN CG4 '3y a em c�� �0 �ni C4'OF GG u as youm m OY/1 SN 3z z S m'S mCC wy 'SO ;g J og °ao!9 "SSE O'yd� E2gi� ;•_m z z in ¢ m = •� Q,n "m CADS Ly6 ry4 X{ E'o .] 18 MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed In connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or ' Indirectly? The Met at South Coast A-11 March 2015 Addendum 75A -100 ROM - 04/21/15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. 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 Amended 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 March 23, 2015, recommended approval of this Amended Development Agreement. D. Entering into this Amended 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 Legado at The Met 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 project and the use that the owner proposes in connection with the property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Amended Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Project will serve the interests of the City. Ordinance No. NS -XXX Page 1 of 3 75A -101 F. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. G. Additionally, an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, has been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. K The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated April 21, 2015, together with all supporting documents, including but not limited to, proposed resolutions, which are incorporated herein by this reference, I. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Amended Development Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney, The Clerk of the Council 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. 2015- is adopted and becomes effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does 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. Ordinance No. NS -XXX Page 2 of 3 75A -102 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers U1yNy Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 75A -103 Ordinance No. NS -XXX Page 3 of 3 75A -104 Exhibit "A" Development Agreement SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 21 75A -105 75A -106 ROH — 04/21115 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2015 -02 AS CONDITIONED AND APPROVING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2011 -46, FOR THE PROPERTY LOCATED AT 200 EAST FIRST AMERICAN WAY 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. Legado Companies is requesting approval of an amendment to an existing development agreement and site plan review to allow the construction of a multifamily residential project with 284 units at 200 East First American Way. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on March 23, 2015, and voted to recommend that the City Council: T. __..___Appr"ov"e" and adopt the " add to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46; and, 2, Adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned; 3. Adopt an ordinance approving amendment to Development Agreement No. 2012 -01 from The Met Development project to Legado at The Met, LLC (DA No. 2015 -01). C. The Applicant is requesting site plan approval for the project (Site Plan Review No, 2015 -02). The zoning designation for the subject property is Specific Development Plan No. 43 (SD -43). Section 41- 593,5(c) of the Santa Ana Municipal Code requires review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The project has been determined to be in compliance with all applicable development standards outlined within the Specific Resolution No. 2015 -xxx 75A -1 07 Page 1 of 4 Development Plan (SD -43), as well as all applicable parking, landscaping and architectural provisions governing the project. D. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The City Council has reviewed and considered the information contained in the addendum to the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2011 -46, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the addendum to the mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council again finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the addendum to the mitigated negative declaration and mitigation monitoring program and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3, The City Council of the City of Santa Ana after conducting the public hearing hereby_ app roves: A. Site Plan Review No. 2015 -02 as conditioned in Exhibit "A" attached hereto and incorporated herein; and, B. The addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, attached as Exhibit "B" hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 21, 2015, 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. 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 does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2015 -xxx Page 2 of 4 75A -108 Section 5. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the Council's decisions and these findings. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City AttorngW City AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2015 Miguel A. Pulido Mayor 75A -109 Resolution No. 2015 -xxx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A -110 Resolution No. 2015 -xxx Page 4 of 4 Conditions for Approval for Site Plan Review No. 2015 -02 Site Plan Review No. 2015 -02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply In full with each and every condition listed below prior to exercising the rights conferred by this site plan review approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review approval. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2014 -19 and the staff report exhibits unless noted otherwise below. 2. Any amendment to this site plan must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the Site Plan Review must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved 4. A Parking Management Plan documenting how the tandem parking stalls along with other parking operation will function must be submitted and approved prior to submittal into building plan check. The project shall incorporate on -site professional property management for the residential component. Prior to submittal into building plan check, detailed elevations, including revisions to the courtyard /interior elevations, shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Division. All parking for the project shall be made available free of charge. Two assigned parking spaces per dwelling unit shall be provided. 8. 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. Exhibit "A" 75A -111 SPR NO. 2015-02 APRIL 21, 2015 PAGE 2 OF 6 9. 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 hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plan. The exact specifications for these items are subject to the review and approval of the Planning Division. 10. 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. 11. A detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for all common amenity areas as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenity areas and common courtyards shall be maintained in the same condition as installed at the time of occupancy. 12. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within — - -- each - public — plaza, — interior - courtyard /pool- deepand- include elevations, -- hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 13. At a minimum, the following items must be included as exterior amenities for the development: bike racks, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool on the amenity deck. The exact specifications for these items are subject to the review and approval of the Planning Division. 14. An interior building amenity plan of the Community 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. The exact specifications for these items are subject to the review and approval of the Planning Division. Exhibit "A" 75A -112 SPR NO. 2015-02 APRIL 21, 2015 PAGE 3 OF 6 15. The following items must be included as interior amenities within the common areas: granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Division. 16. 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, stain grade hard wood cabinets and individual laundry hook -ups. The exact specifications for these items are subject to the review and approval of the Planning Division. 17. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Division. 18. Pedestrian walkways shall be provided through the project. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters. The materials and design of the walkway is subject to the review and approval of the Planning Division. - --20 Castiron- drain- pipes - shall- be providedfo-r- the- projeet---- - - - - -- 21. Smart wiring, including cable television and high -speed cable for computers, shall be provided for each unit and within the project's common areas. 22. 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 Division prior to issuance of a certificate of occupancy. 23. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 24. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Division for approval. The plans shall include information on items such as pick -up, delivery, and types of bins required. The plan shall fully address operational as well as daily management functions and responsibilities. Exhibit "A" 75A -113 SPR NO. 2015-02 APRIL 21, 2015 PAGE 4 OF 6 25. Prior to occupancy of any units, a rental housing execution plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours 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. 26, Prior to submittal into building plan check, the design for the courtyard gates shall be submitted to the Planning Division for approval. The fences /gates shall be decorative and ornamental in nature as they are the entries to the interior courtyards. 27. The following best management practices (BMPs) need to be incorporated into the project construction and operation to minimize greenhouse gas impacts: a. Install energy efficient lighting, appliances, heating, and cooling systems. b. Install efficient lighting for street and other outdoor lighting. C. Reduce unnecessary outdoor lighting. d. Provide education on energy efficiency to residents and /or tenants. e. Install water - efficient irrigations systems and devices. f. Design buildings to be water - efficient. Install water - efficient fixtures and Provide education about water conservation. Provide easy and convenient recycling opportunities for residents and tenants. Provide education on recycling waste. 28. Designated outdoor common or residential areas shall provide outdoor signage informing the public of the presence of operating aircraft. 29. Prior to the issuance of any building permit, a storage plan shall be submitted and approved indicating storage areas measuring a minimum of 256 cubic feet per residential unit within the project's garage and assigned to each unit at no additional 31. Prior to submittal into building plan check, provide revised plans reflecting the following changes: a. Minimum 136 (49 %) total units containing two and three bedrooms. b. Average overall project unit size of 915 square feet. C. Smallest unit to be no smaller than 614 square feet for a maximum of nine units. Exhibit "A" 75A -114 SPR NO. 2015-02 APRII- 21, 2015 PAGE 5OF6 d. Minimum 255 square feet per unit of open space. e. Maximum 257 tandem parking stalls (42 %). f. Addition of the following amenities: yoga veranda, business center, game lounge and pet park. g. Minimum 1,900 square foot fitness center. h. Minimum 1,625 square foot pool. 32. Project and amenities shall be consistent in quality, detail and finishes with all graphics, exhibits and other representations submitted by the applicant. 33. Project shall feature clear anodized aluminum windows to match proposed storefront system. B. Police Department I. 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 /camera equipment (on each floor of parking structure, stairwells, and elevator lobby /cab) with internet viewing capability for the tenants of the project, and access control hardware. The project will be required to have a minimum of two state licensed uniformed security personnel. One security officer- will - be- r-equir-ed- for - the - residential- buildings- and -one for -the- parking - garage. Entrances /exits to the parking structure must be equipped with rolling overhead gates. Redesign Elevator lobby -- Remove elevator alcove and provide a secure lobby enclosed with fire rated glass partitions. 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. The elevator /stairwells serving the parking structure of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential areas. The elevator lobby 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. Alternate means and methods can be proposed that mitigate the concerns specified above with Police Department approval. 2. The City of Santa Ana parking structure design standards shall be followed in its entirety. 3. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. Exhibit "A" 75A -115 SPR NO� 2015 -02 APRIL 21, 2015 PAGE 6OF6 4. All project walkways shall be illuminated to a minimum maintained 1 footcandle of light. A repeater may be required for the project to insure adequate Police and Fire Communications from within the structures. Exhibit "A" 75A -116 Exhibit "B" Mitigated Negative Declaration Addendum SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 22 75A -117 75A -118