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HomeMy WebLinkAbout FULL PACKET_2005-05-02 (JWF 4/6/05) ORDINANCE NO. NS-2682 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING AND AMENDING IN ITS ENTIRETY SECTION 15-258 OF ARTICLE II OF CHAPTER 15 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CONSUMER PROTECTION AND SERVICE STANDARDS, AND REPEALING ARTICLE III OF CHAPTER 15. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 15-258 of Article II of Chapter 15 of the Santa Ana Municipal Code is repealed and amended in its entirety to read as follows: "Sec. 15-258 Consumer Protection and Service Standards (a) Operational Standards (1) Grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under "normal operating conditions" as that term is defined below in subsection (4): a. Provide sufficient toll free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, shall not exceed 30 seconds when the connection is made. Callers who must be transferred may not be required to wait more than 30 seconds before being connected to a service representative. b. Under normal operating conditions, callers may not receive a busy signal more than three percent of the time, measured on a quarterly basis. c. Provide emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system. including an answering machine. Calls received Ordinance No. NS-XXX Page 1 of 13 11 A-1 Ordinance No. NS-XXX Page 2 of 13 after normal business hours must be responded to by a trained company representative on the next business day. d. Provide a conveniently-located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints. e. Provide an emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis. f. Maintain a trained installation staff to provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated. "Standard installations" are those that are located up to 150 feet from the existing distribution system, unless otherwise defined in the franchise agreement. g. The Grantee must schedule, within a specified four-hour time period Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. The Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a Grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber. The Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work. 11 A-2 h. Subscribers who have experienced a late or a missed appointment due to the fault of the Grantee will either receive an installation free of charge or a $20 credit. i. Upon a subscriber's request, the Grantee will arrange for pickup or replacement of converters or other equipment provided by the Grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited. (2) Under normal operating conditions, the standards of subparagraphs a, b, c, and g, above must be met not less than ninety percent of the time, measured on a quarterly basis. The standards of subparagraph f, above must be met not less than ninety-five percent of the time, measured on a quarterly basis. (3) As used in this paragraph (a), the term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week, or some weekend hours, or both. (4) As used in this paragraph (a), the term "normal operating conditions" means those service conditions that are within the control of the cable operator. Conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions that are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (b) Service Standards (1) The Grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24-hours prior notice 11A-3 Ordinance No. NS-XXX Page 3 of 13 must be given to the City), 48-hours prior notice must be given to subscribers. (2) The Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames: a. For a system outage: Within two hours, including weekends, of receiving subscriber calls or requests for service that by number identify a system outage of sound or picture of one or more channels, affecting five or more subscribers of the system. b. For an isolated outage: Within 24-hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one or more channels. c. For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality. (3) The Grantee will be deemed to have responded to a request for service under the provisions of this paragraph (b) when a technician arrives at the service location and begins work on a problem that cannot be corrected from a remote location. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival. (4) The Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by the Grantee to subscribers, unless the defect or malfunction was caused by the subscriber. (5) The Grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible. (c) Billing and Information Standards (1) Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all Ordinance No. NS-XXX Page 4 of 13 11A-4 activity during the billing period, including optional charges, rebates, and credits. (2) The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to the Grantee, including the failure to timely or correctly bill the subscriber. (3) In case of a billing dispute, the Grantee must respond in writing to a written complaint from a subscriber within 10 days after receiving the complaint at the office specified on the billing statement for receiving that complaint. (4) Upon request by a subscriber, credits or refunds must be provided by Grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where Grantee has provided advance written notice to a subscriber, and the loss of service does not exceed the time period specified by Grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any Grantee-supplied equipment. (5) The Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request: a. Products and services offered. b. Prices and options for programming services and conditions of subscription to programming and other services. c. Installation and service maintenance policies. d. Instructions on the use of the cable service. e. Channel positions of programming carried on the system. Ordinance No. NS-XXX Page 5 of 13 11A-5 f. Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable related issues. g. Consumer protection and service standards and penalties for noncompliance. (6) Subscribers must be notified of any changes in rates, programming services, or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the control of the Grantee. In addition, Grantee will endeavor to notify the City of those changes at least five working days before subscribers are notified. (7) The Grantee must maintain a public file containing all notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by Grantee to subscribers. These documents must be maintained for a minimum period of two years. (d) Verification of Compliance with Standards (1) Upon 30 days prior written notice, the City may require the Grantee to provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. The Grantee must provide sufficient documentation to enable the City to verify compliance. (2) A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after the Grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. (3) With regard to the Grantee's telephone response obligations set forth above in subparagraphs a, b, and c of Section 15- 258(a)(1), if the City gives written notice to Grantee that Grantee is in violation of any of these obligations, then upon City's request the Grantee must submit summary information on either a monthly or a quarterly basis until such time as Grantee has demonstrated compliance for two consecutive calendar quarters. Ordinance No. NS-XXX Page 6 of 13 11A-6 (e) Subscriber Complaints and Disputes (1) The Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these procedures with the City. These procedures must include a requirement that the Grantee respond in writing to any written complaint from a subscriber within 10 days after receiving the complaint at the office specified on the billing statement for receiving that complaint, as provided for above in Section 15-258(c)(3). (2) Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review the Grantee's response to subscriber complaints. (3) All subscribers have the right to continue receiving service so long as their financial and other obligations to the Grantee are honored. If the Grantee elects to rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the franchise, the Grantee must act so as to ensure that all subscribers receive service while the franchise remains in force. (4) Upon a change of control of the Grantee, or if a new operator acquires the cable system, the original Grantee must cooperate with the City, the new Grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, the Grantee is entitled to the revenues derived from its operation of the cable system. (f) Disconnection/Downgrades (1) A subscriber may terminate service at any time, and the Grantee must promptly comply with the subscriber's request within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of service unless a service call to the subscriber's premises is required Ordinance No. NS-XXX Page 7 of 13 11A-7 to remove a converter box or other equipment or property owned by Grantee. (2) Grantee may, in accordance with applicable law, charge a reasonable fee to downgrade service. (3) The Grantee may disconnect a subscriber's service in compliance with paragraphs (i), 0), and (k) of Section 53088.2 of the California Government Code. If service is disconnected for nonpayment of past due fees or charges, the Grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges. (4) Notwithstanding the requirements of subsection (3) above, immediately disconnect service to a subscriber if the subscriber is damaging or destroying the Grantee's cable system or equipment. (5) The Grantee may also disconnect service to a subscriber when it causes signal leakage exceeding federal limits. If service is disconnected, the Grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to the Grantee. (6) The Grantee may also disconnect service in those cases where customers are stealing service or have threatened Grantee's personnel with physical violence. (7) Upon termination of service to a subscriber, the Grantee will remove its equipment from the subscriber's premises within 30 days. The equipment will be deemed abandoned if it is not removed within such time period unless the Grantee has been denied access to the subscriber's premises. (g) Negative Option Billing Prohibited. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection. (h) Deposits. Grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to the Grantee. Ordinance No. NS-XXX Page 8 of 13 11A-8 (i) Parental Control Option. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber. 0) Additional Requirements. (1) All officers, agents, and employees of the Grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo identification card. The Grantee must account for all identification cards at all times. All vehicles of the Grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the Grantee. (2) Additional standards relating to service, consumer protection, and response by the Grantee to subscriber complaints not otherwise provided for in this section may be adopted by ordinance, and the Grantee must comply with those standards in the operation of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise agreement, provided that the Grantee receives written notice and an opportunity to cure before any penalty or other remedy is imposed. (k) Penalties for Noncompliance. The purpose of this paragraph is to authorize the imposition of monetary penalties for the violation of the customer service standards established by this section. The imposition of penalties authorized by this paragraph (k) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subsection (3), below. (1) Administration and Appeals. a. The City Manager or the City Manager's designee is authorized to administer this paragraph (k). Decisions by the City Manager to assess monetary penalties against the Grantee must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council in accordance with the procedures Ordinance No. NS-XXX Page 9 of 13 11A-9 specified in Chapter 3 of the Santa Ana Municipal Code. b. If the Grantee or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may appeal that decision in writing to the City Council in accordance with the procedures specified in Chapter 3 of the Santa Ana Municipal Code. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. (2) Schedule of Penalties. The following schedule of monetary penalties may be assessed against the Grantee for the material violation of the provisions of the customer service standards set forth in this section, provided that the violation is within the reasonable control of the Grantee: a. The maximum penalty for a first material violation is two hundred dollars ($200) for each day of the material violation. b. For a second material violation of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is five hundred dollars ($500) for each day of the material violation. c. For a third or further material violation of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is seven hundred fifty dollars ($750) for each day of the material violation. (3) Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this paragraph (k). (4) Notice of Violation. The City must give the Grantee written notice of any alleged violation of the consumer service standards and allow the Grantee at least 30 days from receipt of the notice to remedy the specified violation. (5) Assessment of Monetary Penalties. If a violation has not been corrected or cured by Grantee within the time specified by the City, the monetary penalties specified above in Ordinance No. NS-XXX Page 10 of 13 11 A-1 0 subparagraph (2) may be assessed from the date of delivery to Grantee of the City's written notice of violation. (6) In assessing monetary penalties under this paragraph (k), the City Manager may take into account the nature, circumstances, extent and gravity of the violation and, with respect to the Grantee, the degree of culpability, any history of prior violations, and such other matters as may be relevant. If warranted under the circumstances, the monetary penalty to be assessed may be less than the maximum penalty amount specified above in subparagraph (2). (I) Additional Consumer Protection and Service Standards (1) In addition to the consumer protection and service standards that are specified above in paragraphs (a) through (k) of this section, the franchise agreement with a Grantee may require compliance with the following: a. Federal statutes, and the rules, regulations, and orders of the Federal Communications Commission, including the following: the provisions of Section 76.309(c) of Title 47 Federal Regulations, as it now exists or may later be amended; the provisions of Section 76.630 of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended; and, the provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended. b. The provisions of California Government Code Sections 53054, et seq., entitled the "Cable Television and Video Provider Customer Service and Information Act." c. The provisions of California Government Code Section 53088, et seq., entitled the "Video Customer Service Act." d. The provisions of California Civil Code Section 1722(b)(1 )-(6) relating to service or repair transactions between cable television companies and their subscribers. e. The provisions of California Penal Code Section 637.5 relating to subscribers' rights to privacy protection. 11 A-11 Ordinance No. NS-XXX Page 11 of 13 (2) The City may, in its discretion, incorporate in a franchise agreement those customer service and protection standards referenced above in paragraph (I) that are the most stringent, and that afford the greatest protection to consumers. These standards will apply, to the extent authorized by law, to all video, voice, and data services that are provided by Grantee to its subscribers within the franchise service area." Section 2. Article III of Chapter 15 of the Santa Ana Municipal Code (sections 15-300 through 15-307, inclusive) is hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-XXX Page 12 of 13 11 A-12 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2682 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 13 of 13 11 A-13 11 A-14 (JWF 4/6/05) ORDINANCE NO. NS-2683 AN ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND ADELPHIA CABLEVISION OF SANTA ANA, LLC, dba ADELPHIA CABLE COMMUNICATIONS 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. Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability company ("Franchisee"), is the duly authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Santa Ana ("City"). B. The Franchise will terminate on June 20, 2005. C. City staff has conducted inquiries for the purpose of evaluating the future cable-related community needs and interests and the cable operator's performance under the existing Franchise. A new agreement has been negotiated that is titled "An Agreement between the City of Santa Ana and Adelphia Cablevision of Santa Ana, LLC, dba Adelphia Cable Communications, Renewing a Nonexclusive Franchise to Operate a Cable Television System in the City of Santa Ana and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise," a copy of which has been presented to the City Council along with this ordinance, and a copy of which is on file in the Office of the Clerk of the Council and is incorporated by this reference ("Franchise Renewal Agreement"). D. The City has reviewed the present and future cable-related needs of the community and its residents, the Franchisee's record of service and its ability to carry out its obligations under the Franchise Renewal Agreement, and the Franchisee's financial, legal, and technical qualifications to hold and to operate a cable television franchise, and has determined that the public interest Ordinance No. NS-XXX Page 1 of 3 11 B-1 would be served by authorizing the Franchise Renewal Agreement. This determination is based upon the following findings: 1. The quality of the Franchisee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; 2. The Franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Franchise Renewal Agreement; and 3. The Franchisee's performance of the obligations set forth in the Franchise Renewal Agreement will reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting those needs and interests. Section 2. The City authorizes the renewal of a nonexclusive franchise with the Franchisee to construct, operate, and maintain a cable television system within the City. This authorization is made in accordance with the applicable provisions of the Santa Ana City Charter, Article II of Chapter 15 of the Santa Ana Municipal Code, the applicable provisions of state and federal law, and the terms and conditions of the Franchise Renewal Agreement. Section 3. The Franchise Renewal Agreement submitted to the City Council is authorized and approved, and the City Manager is authorized to execute that agreement on behalf of the City following its execution by the Franchisee. Section 4. Pursuant to the California Environmental Quality Act (CEQA), a Categorical Exemption has been approved for this Project. Section 5. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 2 of 3 11 B-2 day of ,2005 ADOPTED this Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABST AI N: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2683 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 11 B-3 Ordinance No. NS-XXX Page 3 of 3 11 8-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For APPOINTMENT OF MEMBERS TO THE SANTA ANA RIVER TASK FORCE 1/) // k/ I jjl/? 7;:1,.,j~ / /'/ r:~----- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve the appointment of 22 individuals to serve as the Santa Ana River Task Force to prepare a report on habitat restoration and recreational opportunities at the river. DISCUSSION On November 15, 2004 the City Council approved the formation of the Santa Ana River Task Force to study the possibility of restoring the natural habitat environment and providing recreational opportunities at the river. In January, the Park Development, Recreation Programs, and Education Partnerships Council Committee solicited membership applications from various governmental organizations and community groups with an interest in the development of the river. In March, the Committee reviewed candidate applications. Exhibit A lists the individuals recommended by the Committee for official appointment by the City Council. Upon approval of the task force members, a series of meetings will be scheduled to discuss and prepare a plan and report. This report will be presented to the Committee, the Board of Parks and Recreation, the Planning Commission and the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. ~ Gerardo Mouet Executive Dire tor Parks, Recreation and Community Services Agency 138-1 SANTA ANA RIVER TASK FORCE PROPOSED COMMITTEE MEMBERS MEMBER ORGANIZATION 1. Stephen Hart 2. Stephanie Barger 3. Jerry King River View Golf Earth Resource Foundation O.c. Regional Recreational Trails Advisory Committee City of Garden Grove CSUF/ALISA County of Orange Watershed Office of O.c. Supervisor Lou Correa Director, Resources & Develop. Mgmt. Dept. O.c. Orange County Sanitation District Orange County Water District National Park Service, River, Trails & Conservation Assistance Program Concord N.A. Edna Park N.A. Riverview N.A. Windsor Village N.A. Windsor Village N.A. Windsor Village North N.A. WAL-MART Strand Lighting, Inc. REI Department of Fish and Game Army Corps. of Engineers 4. Cal Rietzel 5. Jeannie Kim-Han 6. Mary Anne Skorpanich 7. Juan Gonzalez 8. Kevin Thomas 9. Chandra Johannesson 10. Dick Zembal 11. Jim Donovan 12. Frank Acosta 13. Barbara L. Muirhead 14. Julie Stroud 15. Cecilia R. Iglesias 16. Patricia A. Michel 17. Jocelyn P. Andrews 18. Judd Guice 19. Gary Wood 20. Steve Eaton 21. Naeem Siddiqui 22. Ken Morrison EXHIBIT A 138-2 ~ MEMORANDUM ~ ~ / City Council Meeting Date: May 2. 2005 ~VDebra Kurita To: Assistant City Manager Date: April 19, 2005 From: James G. Ross, Executive Director Public Works Agency Subject: Notification that City Engineer is Reviewing Final Parcel Map No. 2004-210 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2004-210 (City Parcel Map No. 2004-03), for 5322-5326 West Roosevelt Avenue (Exhibit I), from the owner, Santa Ana Cottages, LLC, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2004-210 was approved by the City Council on September 7, 2004. The City Engineer shall approve or disapprove this map within fo days after the City Council meeting of May 2, 2005. cc: Mayor and City Council City Manager Clerk of the Council FinalParcelMap2004210ReviewNotice5 _2_05 17 A-1 ~ I II' e u '" SAN"T A ANA , t l' ~~~, , , --T---- I I I I I I I __...L______ City Council Agenda Date MAY 2, 2005 ~ROOSEVELTSTREET -=~ I I~ :'BIl""''''''''''''''''''''BIl''''''''''''''''.''' . . ,... . 11I"II.mll%IIIJI.. III' .1iW&li_11 .1";I.~I'IYlpj0lfi.l!h "'IIIW/%'I' _It , i W/'?!,; ';W~!:% ,wA.. I I I I I I I I _______L__+__ '" " ::; u " .. ~ SILVER. DRIVE ~ BOLS~ ROAD EXHIBIT I Title: PARCEL MAP 2004.210 5322.5326 W. ROOSEVEL T AVE. 17 A-2 ! ~ N.T.5. ~ FIRST STREET ~ ~ ~ ~ .. ~ e = ,. .. Z '" REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o ImplElmenting Resolution o Set Public Hearing For QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2005 ~a CITY MANAGER CONTINUED TO -' FILE NUMBER RECOMMENDED ACTION Receive and file. DISCUSSION In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: Type of investments; Date of maturity; Par and dollar amounts invested in each security; Weighted average maturity of the investments; Market value as of the date of the report; Source of the market value information; and Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2004. 19C-1 Quarterly Report of Investments As of March 31, 2005 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. t~"'~-';'~"" \\~. _ Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of March 31, 2005 EXHIBIT 1 19C-3 w ~~ ~ " o 0 '''- <m ~ ~ "'i-.:. 00 o ~ " s ~ ~ o ~ m ~ o o m o w w m " 5' '" ~ 11 .. s: '" ~ (f) " < 2 w )> '" " ~ o '< " " 'C o ;:I 5' '" 'C " ~ 0' 0. o !<:! ~ '" o o '" 6 '" ~ ;;; o o '" ~ ~ 'ii " ,~ ~ ~ "1J o ~ 0' o o ~~ 00-.....-1 ~a.ffi::. :::;;<.c 0 (Jl o CD -. iii ~. m -< "0 Q)Cl.Q)O III <b::l;:+ ::J X 0. () 0."'C s: 0 OJ ~ CD 3- z 0. ()~. -<2'o~ ~ ii3 3 Q) <ll .., 3 = (/) CD C ...... ~.g ~ ffi ::J :::;" '< ...... :;i "3 "J!l c: (t) ~~. ~ 3. ~ ii3 w " 0. 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'" '" 0 '" '" ~ Cii 0 0 w 0 0 ;; :; < m CD n ;I: '" c: Dl :3 :ll (l CD =< ::I' " m '" lit 00 00 '" ~ en "" "" 0 C' :I: '" '" 0 ",'< ~ ~ ~ C> -i m < C> r- "" "" ..., N N . 2 ill ill '" '" '" c- '" c '" 00 '" '" 0 - z CD CD -i :ll c: en -i 00 00 " "" "" '" '" ~ ~ ~ ~ "" "" ..., N N '" '" '" '" ill c- oo 00 00 '" 0 00 00 ~ "" "" [ '" '" ~ ~ ~ "" "" ..., N N '" '" '" '" '" c- oo 00 00 '" '" 0 " c io "," .. ~ ..., It;;. 0 '" ~I io " " ~ ::; ::; w .. .. 0> W W 0 0 0 " ~I N N ~ " io io ;", ;", w '" "" ..., 0 0 0> ~ 0 0 0 0 '" , ~ " .. g ""ll . 00 o Eo" @l3 0 "- . ... ~ ~ 2: lf~ o . .." o' fO " ~ .. -; J~ .. , ~ ;0 c~ '" ~ )> (f) ~O' .. 8 0 () .... ... ~ 19C-15 19C-16 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: MAY 2, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR BLOOD AND BREATH TECHNICIAN SERVICES (SPEC, NO, 97-015) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For QA2 CITY MANAGER CONTINUED TO ---- FILE NUMBER RECOMMENDED ACTION Renew the contract with California Forensic Phlebotomy, Inc, and breath technician services for a one-year period in amount not to exceed $65,000. for blood an annual DISCUSSION California Forensic testing and analysis, the Forensics Division is required for use as Phlebotomy, Inc. provides blood alcohol level drug content, blood typing, and DNA testing for of the Santa Ana Police Department, The testing evidence in the prosecution of criminal cases, California Forensic Phlebotomy, Inc" the current provider of blood and breath technician services for all Orange County law enforcement agencies has agreed to the renewal of the contract. Due to an increase in labor costs and numerous other expenses, the service provider has requested a 7.5 increase in the cost per test. California Forensic Phlebotomy, Inc. has been providing service to the City since 1992, and has performed satisfactorily during the past year. The Police Department recommends renewing the contract with California Forensic Phlebotomy, Inc. FISCAL IMPACT Funds account are available in the Police (account no. 11-337-6291). Patrol Other Contract Services , I \ d~\I-J~ Paul M. Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: "t I\~~~" '<;,./1' ,.) ~.>.~~-: Francisco Gutierrez 1J ,j Executive Director 22~1ance & Mgmt, Services Agency C5J83 22A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: MAY 2, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR UNLEADED FUEL (SPEC. NO. 00-169) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For MtZ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with GP Resources, Inc" under the Cooperative Purchase provision of the County of Orange, for the purchase of unleaded fuel for a one-year period, in an annual amount not to exceed $800,000. DISCUSSION The Fleet Division of Finance and Management Services provides diesel and unleaded fuel at the City's Corporate Yard for all City gasoline and diesel operated vehicles, In addition to the underground fuel storage tanks at the Corporate Yard, fuel tanks are located at the Police facility, Fire Station No. 4 and Fire Station No.5. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts with any public agency utilizing a competitive bid process, The County of Orange's cooperative contract with GP Resources, Inc, for unleaded fuel was awarded as a result of open, competi ti ve bidding, and meets the City's requirements. The original award in 2001 covered the initial first year and three one-year renewal options that will conclude this year. As such, the County of Orange has elected to extend the current contract with GP Resources, Inc. instead of re-bidding the commodity, The new contract changes the unleaded fuel price structure from the weekly Oil Price Information Service published rate, plus required taxes and fees, to the daily Oil Price Information Service published rate, plus required taxes and fees. The award amount is based upon past usage and staff projections for the next contract period. Staff recommends the renewal of the contract, 228-1 C5383 Contract Renewal for Unleaded Fuel (Spec, 00-169) May 2, 2005 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance-Garage Operation Gasoline and Diesel Fuel account (account no. 75-111-6382) The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. =t (\r-~~ ~.i"J '1\, ~-:~ ' ,,:c-, Francisco Gutierrez 1-.1 l Executive Director Finance and Management Services Agency 228-2 REQUEST FOR COUNCIL ACTION ~ ~t~n\l,'alIOIl 1 - , ~ CITY COUNCIL MEETING DATE: MAY 2, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT RENEWAL FOR WATER TREATMENT SALT (SPEC. NO. 04-044) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For Q..;Jt2--- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with Gallade Chemical, Inc, for water treatment salt for a one-year period in an annual amount not to exceed $25,000, DISCUSSION The Central Stores section of the Finance and Management Services Agency provides salt to the Public Works Agency for the treatment of drinking water, Recent changes to the California Health and Safety Code regarding the California Safe Drinking Water Act now mandate that any product added to drinking water must be tested and certified as meeting the specifications of the American National Standard Institute's National Sanitation Foundation Standard 60, On May 3, Inc, for a vendor has agreed to recommends 2004, the City Council awarded a contract to Gallade Chemical, one-year period with provision for three one-year renewals, The performed satisfactorily during the past contract period and has renew the contract without an increase in pricing, Staff the first renewal of the contract, FISCAL IMPACT Funds are available in the Water Production & Supply Operating Materials & SUPPlieswJIL,account ()(acnno, 64-574-6391). ~~ APPROVED AS TO FUNDS AND ACCOUNTS: ~ ':\~~~~~~ t~'-. , J mes l;, Ross ,)y Francisco Gutierrez f.J Elec~tive Director L~ Executive Director Pue{ic Works Agency Finance & Mgmt, Services Agency 22C-1 ,~, 22C-2 REQUEST FOR COUNCIL ACTION fJf1 ~n~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: CONTRACT AMENDMENT FOR SECURITY AND LOCK SYSTEM (SPEC, NO, 04-138) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For -.::V"" /) ~ / / /~/;Z/ / ..' / /a ,/!/. <'&,,>- "~ ".<:1.-'1: Co..: J CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract for the purchase security system by with Tony's Lock & Safe Service, a Santa Ana vendor, and installation of an access control lock and $21,999.42 for a total not to exceed $44,870.90. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism, The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness, On December 20, 2004, the City Council awarded a contract to Tony's Lock & Safe Service, a Santa Ana vendor, for the purchase of a padlock security and lock system for facilities such as reservoir gates and control valves, The Public Works Agency's Water Production Division is continuing with its security enhancement proj ect to retrofit access doors at all pump houses with an electronic locking mechanism that will selectively allow access to designated individuals and will prohibit. unauthorized individuals from gaining access to the pumps and well houses. In addition, this electronic system will provide staff with important transaction information detailing who has accessed these areas. In order for the Water Production Division to continue with its 220-1 C',; :lW, Contract Amendment for Security and Lock System (Spec, No. 04-138) May 2, 2005 Page 2 security enhancement project, staff recommends Council approval of the amendment to the contract. FISCAL IMPACT Funds are available in the Office of Emergency Services (OES) Urban Areas Security Initiative (UASI) Grant Operating Materials and Supplies Account (account no, 125-613-6391). {2 APPROVED AS TO FUNDS AND ACCOUNTS: s G, Ross cutive Director blic Works Agency ;\\,,~;\.,......~ \\ ~::. .x Francisco Gutierrez fJ {~' Executi ve Director Finance & Mgmt, Services Agency 220-2 REQUEST FOR COUNCIL ACTION ~ , L' 0""" t , "l~ ,.-. 1 ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: CONTRACT AWARD FOR RE-ROOFING CITY HALL (SPEC, NO, 05-028) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For f2J;ik CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Foam Experts Roofing, Inc. for the re-roofing of City Hall in the amount of $138,996. DISCUSSION The City Hall roofs, including the Council Chambers, have been evaluated and are recommended for replacement, The existing roofs are approximately 34 years old and no longer cost effective to repair and maintain. The foam roofing system proposed is comprised of a seamless layer of rigid polyurethane foam covered with two coats of protective silicone rubber. The completed system provides a durable and effective insulation with superior protection against all weather conditions. The replacement roof will include a 25-year warranty and, if properly maintained, should withstand 50 years. The notice inviting bids was advertised on March 1-2, 2005, and bids were solicited, A summary of the bid invitations and the bids received is as follows: 14 Invitations For Bid mailed 4 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were received and opened on March 23, 2005, follows: The results are as 22E-1 '_'0,08-' Contract Award for Re-Roofing City Hall (Spec, No, 05-028) May 2, 2005 Page 2 Vendor: Location: Annual Cost: Foam Experts Roofing, Inc, BEST Contracting Services, Inc, Mesa, AZ Compton $138,996 $146,458 The bid received from Foam Experts Roofing, Inc. is responsive to the specification and meets the City requirements. FISCAL IMPACT Funds are available in the Building Maintenance Other Contract Services account (account no. 73-105-6291). ~ , '::\ t\~S>'\\S'-0:'" 0 \\, ~~ "- Francisco Gutierrez fiJ Executive Director Finance and Management Services Agency 22E-2 REQUEST FOR COUNCIL ACTION ~ C'(\\II'l'tIOIJ ,', ~"'"'" , , - ' CITY COUNCIL MEETING DATE: MAY 2, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR RECREATION PROGRAM BROCHURE (SPEC, NO. 05-033) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Rodgers & McDonald Publishers, Inc. program brochures for a one-year period, with provision year renewals, in an annual amount not to exceed $20,000, for Recreation for two one- DISCUSSION The Parks, Recreation and Community Services Agency conducts a number of leisure classes and recreation programs throughout the City's parks and community centers. These classes and programs include sports acti vi ties, health, fitness and education, visual and performing arts, and safety procedures. To effectively market these programs to the widest audience, staff recommends contracting to have a bi-annual recreation program brochure printed and mailed to the community, This brochure will also contain several sections in Spanish. The notice inviting proposals was advertised on March 30 and April 1, 2005, and proposals were solicited. A summary of the proposal requests and proposals received is as follows: 16 Requests For Proposal mailed 6 Requests For Proposal mailed to Santa Ana vendors 5 Proposals received 22F-1 I-~ )8-) Contract Award for Recreation Program Brochure (Spec, No. 05-033) May 2, 2005 Page 2 Proposals were received, opened on April 12, 2005, and each proposal was evaluated independently. Criteria for evaluation included 11 specific items, such as: cost, print equipment and back-up equipment, qualification of staff, quality of sample brochures and references, Proposals for bi-annual brochures were evaluated and the ratings are as follows: Printer Location: Rating: Amount: Rodgers & McDonald Publishers Trend Offset Printing Service The PM Group Moore Wallace Penn Litho Carson Los Alamitos Lake Forest Irvine Cerritos 70 65 63 38 50 $17,953.08 $18,972.00 $33,777.46 $54,300.00 $82,455.00 Rodgers & McDonald Publishers, Inc, received the highest submitted the lowest cost proposal. The proposal from McDonald Publishers, Inc, is responsive to the specification the City's requirements, score and Rodgers & and meets FISCAL IMPACT Funds are available in the Recreation Community Services Youth Guidance Operating Materials & Supplies account (account no, 11-275-6391), Gerardo Mouet Executive Direc Parks, Rec. & C APPROVED AS TO FUNDS AND ACCOUNTS: Svcs. Agency i-\\()~~M-<.) ~~:-.. cpFrancisco Gutierrez (J Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION ~ ~t~"\I,>"I.J"'" 1,,;; , ~~ CiTY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: CONTRACT AMENDMENT FOR HEATING, VENTILATION, AND AIR CONDITIONING PARTS (SPEC. NO, 05-046) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For at1Ja CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with aggregate limit by $5,000 air conditioning parts in Allied Refrigeration, Inc. to increase for the purchase of heating, ventilation, an annual amount not to exceed $15,000, the and DISCUSSION The Building Maintenance Section of the Finance and Management Services Agency maintains the heating, ventilation, and air conditioning (HVAC) systems in various City buildings. Allied Refrigeration, Inc., a Santa Ana vendor, has been a provider of HVAC repair and replacement parts at competitive prices. Due to the installation of new HVAC systems in several City buildings in the past few years, demand for repair and replacement parts has increased, Staff requests approval to increase the aggregate limit for Allied Refrigeration, Inc. to provide uninterrupted purchases of HVAC parts and supplies, FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object code 6391). i]~ ~~r.') ~~ "_, Francisco Gutierrez fJ Executive Director Finance and Management Services Agency 22G-1 22G-2 REQUEST FOR COUNCIL ACTION ~"..\ ~~! ~J.uca[Jon 1St CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED CONTRACT AWARD FOR SANTA ANA REGIONAL TRANSPORTATION CENTER ART WALL (PROJECT NO. 1821) o As Recommended o As AmE,nded o Ordinance on 1~,t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO .tz FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Brandt Commercial Signs, the bidder, in accordance with lump sum amount of construction of a concrete block art wall at the Transportation Center. lowest responsible $382,500 for the Santa Ana Regional 2, Approve a Funding Analysis with a total estimated construction cost of $478,500. DISCUSSION This project involves the construction of a concrete block wall that will function as a backdrop where art images can be displayed. The wall will be approximately 500 feet long by 10 feet high and will be constructed adjacent to the existing railroad tracks just east of the Depot railroad platform (Exhibit 1). Request for proposals will be solicited from artists to create art images for evaluation. CDA will take the lead in creating a committee to select the art image. Once completed, this project will enhance the aesthetics of the Depot and will serve as part of the upcoming pedestrian bridge for train commuters. The Notice Inviting Bids was advertised on March 7 and 9, 2005 and bids were opened on March 25, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 1 Contractors requesting bidding documents: 3 Bids received: 1 Bids received from Santa Ana Contractors: 0 23A-1 Project 1821 Santa Ana Regional Transportation Center Art Wall Project May 2, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT $382,500 1. Brandt Commercial Signs Newport Beach One bid was received and is responsive. Brandt Commercial Signs submitted their bid for $382,500, which is below the Engineer's estimate of $450,225. The lack of bidders is due to the uniqueness of the project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality recommended action is exempt from further review. Categorical ER no. 99-126 has been filed for this project. Act, the Exemption FISCAL IMPACT The funding analysis shows a total estimated construction cost of $478,500 for the project (Exhibit 2). Funds are available in the Capital Outlay Fund (account no. 51-615-6631) and the Transportation Enhancement Activities (TEA) Grant Fund (account no. 59-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: JL~~ ~~-y / ?- Executive Director Public Works Agency '=\~""'-~:""'A '> ~..\. ,_, Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency fl.! ( K:\Construction\RFCA-draft\1821 2005-05-02 40WD 23A-2 ~ (N.T.Sol L~v 'i)\.. >,j\) l>-""~ ""\~ <,1' /' REGIONAL TRANSPORT A TION CENTER 6TH ST ~ PROJECT LIMITS SANTA ANA , PW A t , , P\BJCIIIlI\IlSJt.ElCl EXHIBIT 1 ., 'O'SCM.l' CITY COUNCL AGENDA DAre MAY 2. 2005 Title' 3= '- 0:: <l: >- U o f-- Vl -.J <l: Z ~ 0:: LU f-- ART WALL PROJECT 1821 SANTA ANA REGIONAL TRANSPORT A TION CENTER ART WALL PROJECT 23A-3 FUNDING ANALYSIS PROJECT 1821 SANTA ANA REGIONAL TRANSPORTATION CENTER ART WALL Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $382,500 13,300 22,900 21,300 38,250 TOTAL ESTIMATED CONSTRUCTION COSTS $478,500 Exhibit 2 23A-4 CITY OF SANTA ANA Project: # 1821 Santa Ana Regional Transportation Center Art Wall Project 8m DATE: March 25, 2005 8m TIME: 2:00 PM BIDDER ENGINEER'S BRANDT COMMERCIAL SIGNS ESTIMATE ADDRESS NEWPORT BEACH BID BOND YES BID ITEMS UNIT QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL Proi~tl821 ] Cast in Place Concrete Art Wall per Plans and Specifications , 396,:225.00 , 343,520.00 (completeinplacej LS 1 2 Railroad Requirements LS 1 , 30,000.00 , 14,980.00 3 Flagman ($600/Day fOf 40 Days) LS 1 , 24,000.00 , 24,000.00 TOTAL BID tALL PROJECTS $ 450,225.00 $ 382,500.00 K:lConstruction/Projects/Abstactsl1821 ASS SARTC Art Wall Project 23A-5 23A-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED CONTRACT AWARD FOR PARKING LOT IMPROVEMENS AT FIRE STATION NOS. 3 AND 5 (PROJECT 05-6003) o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Hillcrest Contracting, Inc. , the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $124,179.60 for construction of parking lot improvements at Fire Station Nos. 3 and 5. 2. Approve a Funding Analysis with a total estimated construction cost of $155,300. DISCUSSION This project involves the reconstruction of the parking lots at Fire Station Nos. 3 & 5 (Exhibit 1). The pavement at these stations is in need of repair. The proj ect includes the pavement repair and re- striping, Once completed, the project will enhance the stations' visual appearance and extend the life span of the pavement. The Notice Inviting Bids was advertised on March 2 and 4, 2005, and bids were opened on March 24, 2005. A summary of the bid invitations mailed, the bids received, and bid results follow. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 8 Bid received: 5 Bids received from Santa Ana Contractors: 0 238-1 Project 05-6003 Parking Lot Improvements Fire Station Nos. 3 & 5 May 2, 2005 Page 2 NAME OF BIDDER 1. Hillcrest Contracting, Inc 2. Green Giant Landscape, Inc. 3. Nobest, Inc. 4, Damon Construction, Inc. 5, Civil Works, Inc. CITY BASE BID AMOUNT Corona $124,179.60 $138,644.00 $146,027.00 $158,766.00 $124,179.60 La Habra Westminster Cypress Bellflower A total of five bids were received and all were responsive. The lowest base bid was submitted by Hillcrest Contracting, Inc. for $124,179.60 which is below the Engineer's estimate of $164,823.00. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption NO. 2005-47 will be filed for this project. FISCAL IMPACT The Funding Analysis shows a $155,300 for the project (Exhibit Fire Maintenance Fund (account no. Ja!s~ <<A-rc:7~h Executive Director P 'c Wo g n M. ief partment total estimated construction cost of 2). Funds are available in the General 11-327-6621) . APPROVED AS TO FUNDS AND ACCOUNTS: '\\\{'\~~\,...,t. .~ ,\-. , Francisco GutIerrez ~ Executive Director Finance & Mgmt, Services Agency_v K:\Construction\RFCA-draft\RFCA 04-6003 05-02-2005.doc 20 WD 238-2 ~ NTS FIRE STATION 3 ~l 0:: MYRTLE ST FIRE STATION 5 l ) l > <J: f- (/l WilLITS 5T I~I 1~f ~ l J 1ST ST WALNUT ST f- (/l > <J: W f- (/l (/l 0:: (/l a ~ w ::;; <J: 0:: <J: ::;; 0- U >- >- u (/l ::;; <J: :r: C> z f- f- a z PINE 5 T l n n III ~ PROJECT LIMITS SANTA ANA , PW A · , , 1Ul.1C1IIRSAWCf EXHIBIT 1 _, rOSCALlI CITY COUNCL AGENDA DATE' MAY 2. 2005 Tille' CONTRACT AWARD FOR PARKING LOT IMPROVEMENTS AT FIRE STATION NOS. 3 AND 5 (PROJECT 05-6003) FUNDING ANALYSIS PARKING LOT IMPROVEMENTS AT FIRE STATION NOS. 3 & 5 PROJECT 05-6003 Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $124,179.60 $4,940.40 $7,800.00 $5,900.00 $12,480,00 $155,300.00 TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 238-4 < ~ < ~ z < ~ ~ 0' ,. ~ u ~ . g~ N~ ~~ ~~ ~~ <~ o~ 00 iiii; .. . ~ > e ~ g 15 ~ ~ c ~ . ~ ~ .. 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"" ........................ ..... ........................... 888 ~ 0 0 ~o o ~ 8g8888 g~~~~g ............... ..... ....................... ..... .......................... 888 00"'; ~8~ ~~~ 888 :c~~ ~ ~~~ o ~ ~-~ ~~~ u~~ 88 ~~ 8888 ~ggg 'OJ-~OO''''' 88gg888 g~~~ggg ..... _ _ "'..,..... ............................. ~i:5~i:5i:5;3i:5 .... ............. ..... 8 o ~ 888 8 ~~ ~ ~ 8888 ~~~~ N ............"" ~"'-- J.t..<(<Il<ll .....ll-Ll.....l.....l ~~ 8 ~ ~ F2 ~ ~ ."., vivi ~ ~ ~ ~ 8 g :'; 8 ~ ~ ~ Q). ie. ..., ~ ~ ~ ~ o o " ~ ..; s g g o ~ ~ ~ ;:~ M' ;;;;;;:; o o " ~ o 00 o 00 g ~ ~ ~ ~~ ~ ~ o o " o o ..; 8 ~ ~ g ~!:: '<t" :g";{ ;;:;;;;; , " " ~ o o ~ ~ 8 ~ ~ ~- ~ ~ ~~ ~ ~ 8 8 ~ ~- ~ ~ ~ ~ ~ ~ ~ . ~ .. ~ ~ :: "" 238-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED CONTRACT AWARD FOR ROOF REPLACEMENT AT ANGELS, CABRILLO, FISHER, AND RIVERVIEW PARKS (PROJECT 04-6404) o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2" Reading o Implementing Resolution o Set Public Hearing For f:l CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Long Beach Roofing, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $66,199 for the replacement of roofs at Angels, Cabrillo, Fisher and Riverview Parks. 2. Approve a Funding Analysis with a total estimated construction cost of $96,600, DISCUSSION The roofs of buildings at Angels, Cabrillo, and Riverview Parks have deteriorated due to weather. Normal maintenance will no longer keep water from leaking through the roof. As a result, water damage is taking its toll on the interiors of these buildings. This project provides for the removal and replacement of the deteriorated roofing materials (Exhibit 1). The built-up roofs of the buildings Angels, Cabrillo, and Riverview Parks will be removed and replaced with similar roofs. The roof of the building at Fisher Park will be replaced with lightweight concrete shingles made to resemble the current wood shingles. The Notice Inviting Bids was advertised on March 9 and 11, 2005, and bids were opened on April 6, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23C-1 Contract Award for Roof Replacement at Angels, Cabrillo,Fisher, and Riverview Parks Project No 04-6404 May 2, 2005 Page 2 Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 2 Bids received: 2 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY BID AMOUNT $66,199 $69,072 1. Long Beach Roofing, Inc. 2. Best Roofing and Waterproofing, Inc. Long Beach Gardena A total of 2 bids were received and all were responsive. The lowest bid was submitted by Long Beach Roofing, Inc., for $66,199, which is below the Engineer'S estimate of $96,600. ENVIRONMENTAL IMPACT After completion of Environmental Categorical Exemption will be filed California Environmental Quality Act. Review No. 2005-51, a Class 1 for this project pursuant to the FISCAL IMPACT The funding analysis shows a total estimated construction cost of $96,600 for the project (Exhibit 2). Funds are available in the Robert Z'Berg Harris Grant (account no. 161-270-6631) and in the Park Acquisition and Development Funds (account no. 301-232-6631). APPROVED AS TO FUNDS AND ACCOUNTS: A~~ ~~ F<'~ James G. R~ss Executive Director Public Works Agency G"&~~;P Executive Direct r Parks, Recreation & Community Services Agency -=t(\~~~....\s-t'. ) ~. ~. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency C ~'i K:\Construction\RFCA-draft\04-6404 2005-05-02 100 WD 23C-2 I PFIO..ECT LOCATIONS 1. ANGELS PARK RESTROOM 2. CABRILLO PARK RESTROOM AND RECREATION BUILDING 3. FISHER PARK LOG CABIN 4. RIVERVIEW PARK CONCESSION BUILDING ~ NTS EXHIBIT 1 SANTA ANA . PW A a , , --- CIty CotI'd Agel Ida Date May 2, 2005 11tJe: CONTRACT AWAfD FOR ROOF fEf'LACEMENT AT ~ "\ CAr- I O. FISI ER. AI'D fIVEFMEW PARKS PRO.lECT 04-6404 ....".....,...0ICfW1ha..... "... RIIIr.... L 23C-3 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED CONTRACT AWARD FOR ARTESIA PILAR NEIGHBORHOOD IMPROVEMENTS (PROJECT NO. 1908) o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 20' Reading o Implementing Resolution o Set Public Hearing For ) , /2 V , V<~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Nobest, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $301,000 for construction of improvements in the Artesia Pilar Neighborhood. 2. Approve a Funding Analysis with a total estimated construction cost of $376,200. DISCUSSION This project provides for replacement of damaged and uplifted sidewalks, curbs, gutters, and driveway approaches due to growth of tree roots at various locations in the Artesia Pilar Neighborhood (Exhibit 1). Tree roots will be shaved to eliminate localized water ponding and to restore acceptable drainage to gutters and sidewalks that have been uplifted. Once completed, these improvements will enhance the surface drainage and visual appearance of the neighborhood. The Notice Inviting Bids was advertised on February 28 and March 2, 2005, and bids were opened on April 7, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 9 Bids received: 5 Bids received from Santa Ana Contractors: 0 23C-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED CONTRACT AWARD FOR ARTESIA PILAR NEIGHBORHOOD IMPROVEMENTS (PROJECT NO. 1908) o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For r") 13) / / /./ <A. ,cZv-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Nobest, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $301,000 for construction of improvements in the Artesia Pilar Neighborhood. 2. Approve a Funding Analysis with a total estimated construction cost of $376,200. DISCUSSION This project provides for replacement of damaged and uplifted sidewalks, curbs, gutters, and driveway approaches due to growth of tree roots at various locations in the Artesia Pilar Neighborhood (Exhibit 1). Tree roots will be shaved to eliminate localized water ponding and to restore acceptable drainage to gutters and sidewalks that have been uplifted. Once completed, these improvements will enhance the surface drainage and visual appearance of the neighborhood. The Notice Inviting Bids was advertised on February 28 and March 2, 2005, and bids were opened on April 7, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 9 Bids received: 5 Bids received from Santa Ana Contractors: 0 230-1 Artesia Pilar Neighborhood Improvements Project No. 1908 May 2, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Nobest Inc. 2. All American Asphalt 3. Ranco Corporation 4. R. J. Noble Company 5. Palp, Inc. dba Excel Paving Company Westminster Corona Brea Orange Long Beach $301,000 $306,536 $353,350 $373,208 $499,357 A total of 5 bids were received and all were responsive. The lowest bid was submitted by Nobest, Inc. for $301,000, which is below the Engineer's estimate of $348,500. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2004- 189 will be filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $376,200 for the project (Exhibit 2). Funds are available in the Community Development Block Grant fund (account no. 135-149-6631) and in the Select Street Construction Traffic Congestion Relief fund (account no. 59-552-6631) APPROVED AS TO FUNDS AND ACCOUNTS: ---/?~O~ James G. Ross Executive Director Public Works Agency ':\ \\\\.~~\~)' ~ ) \\ ~~~ .~ Gutierrez Director Mgmt. Services 52 Agency t,'/ J 1f~i~reutW0 Executiv D1rector Community Development Agency K:\Construction\RFCA-draft\190B 2005-05-02 40 WD 230-2 FUNDING ANALYSIS PROJECT 1908 ARTESIA PILAR NEIGHBORHOOD IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $301,000 9,600 20,000 15,500 30,100 TOTAL ESTIMATED CONSTRUCTION COSTS $376,200 Exhibit 2 230-3 s I yy I ~~ "'" >-- t7/ ENGLISH S1'Ftt: I 0~ ~ ~~~ I 0 I - ~ I / J / i I ~ ~ 0 \ ~ - /' - - - - - - '/ - ~ - ~ ~ - ~ % ..-!-- - I \ r-- ~ I I ~ ~ m r ~ n I2:J PROPOSED CONSTRUCTION MEA SANTA ANA , PW A a , , PIlLe MaS AWC city Council Agenda Date MAY 2, 2005 EXHIBIT 1 Title: AATESlA PILAR NEIGHBORHOOD IMPROVEMENTS PROJECT 1908 230-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED AMENDMENT FOR JOB SEARCH SYSTEMS SUBSCRIPTION o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 20d Reading o Implementing Resolution o Set Public Hearing For 0Jm(2 CITY MANAGER CONTINUED TO ...-' FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an Amendment to the Agreement with Geographic Solutions to extend the term of the contract to June 30, 2005, and increase the amount of the contract by $9,750, DISCUSSION On May 17, 2004, a contract with Geographic Solutions was approved by the City Council to provide an on-line job search system as required by the Workforce Investment Act (WIA) , This system allows job seekers access to jobs and services offered by the Santa Ana W/O/R/K Center, All on-line services are offered in both Spanish and English. W/O/R/K Center staff is also able to make use of case management tools provided by Geographic Solutions through the on-line system, On February 28, 2005, the Santa Ana W/O/R/K Center requested proposals for a job search subscription system in order to comply with WIA procurement regulations. Staff is currently reviewing the proposals and will award a new contract to begin July 1, 2005. This amendment will allow the W/O/R/K Center to continue to provide services via the job search system developed by Geographic Solutions until a new contract is awarded. 25A-1 Amendment for Job Search Systems Subscription May 2, 2005 Page 2 FISCAL IMPACT Funds for this subscription are available in the One Stop Program 04-05 account (account no. 123-151-6291) and the One Stop Youth account (account no. 123-155-6291). ~~?JJ.zt: APPROVED AS TO FUNDS AND ACCOUNTS: '1.~~<,;t'\ '"r ""' ~ .-\-.. Francisco Gutierrez Executive Director fJ Finance & Management Services Agency patricia C. Whitaker Executive Director Community Development Agency PCW/CLR/m1r H:\ACTIONS\2005 CC\AMENDJobSearchSysSubscription 5-2-05.doc 25A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: l2/1r2 CI Y ANAGER APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2"' Reading D Implementing Resolution D Set Public Hearing For AMENDED AGREEMENT - SYMCO GROUP, INC. CONTINUED TO --- FILE NUMBER RECOMMENDED ACTION Renew the agreement Symco Group, Inc, for mainframe computer maintenance, equipment, and technical services in an amount not to exceed $70,000. DISCUSSION On July 16, 2002, the City Council authorized an agreement with the Symco Group to maintain the Unisys V380 mainframe computer equipment utilized for the City's financial and business licensing systems. The renewal will provide for continued maintenance and will allow for the purchase of additional equipment and services not covered by the maintenance services of the agreement on an as-needed basis, Staff recommends the fourth and final renewal of the agreement. FISCAL IMPACT Funds are available in the Information Services' Contractual Services (account 11-179-6291). account for Other APPROVED AS TO FUNDS AND ACCOUNTS: ~~~>-~ ~^.~, Francisco Gutierrez Executive Director Finance & Mgmt. Services AgencyJ./ 258-1 258-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 02, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2" Reading D Implementing Resolution D Set Public Hearing For AGREEMENT RENEWAL WITH NEC UNIFIED SOLUTIONS, INC. ,,~ CITY MA A CONTINUED TO -- FILE NUMBER RECOMMENDED ACTION Renew the agreement with NEC Unified Solutions, Inc. for telephone maintenance and related equipment in an amount not to exceed $200,000. DISCUSSION In June of 2001, the City Council approved a three-year agreement with NEC, with provision for three, one-year renewals, to provide telephone maintenance, repairs, and installation of replacement systems and services for City Hall and all City off-site locations. Included in the $200,000 renewal amount is an additional $50,000 to acquire telephone equipment and related services. Requirements for such equipment regularly emerge in the course of normal City operations. The City telephone system is exclusively provided by this vendor and staff recommends the second renewal to the agreement. FISCAL IMPACT Funds are budgeted and are available in Services' Other Contractual Services account the FY 05-06 Communication (account no. 102-171-6291), APPROVED AS TO FUNDS AND ACCOUNTS: ~f\~.1;J>~ 'M , ,,\\ . .3::,-.:; FranClSCO Gutierrez Executive Director Finance & Mgmt. Services Agency/v ..J 25C-1 25C-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED AMENDMENT TO SETTLEMENT AGREEMENT OF THE CASE FLORES, ET AL. V. CITY OF SANTA ANA o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 20d Reading o Implementing Resolution o Set Public Hearing For {2~f1rz CITY MANAGER CONTINUED TO ---- FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the settlement agreement of Case No. 803902, Flores, et al. v. City of Santa Ana, increasing the City's payment by $44,000 for an amount not to exceed $92,000, DISCUSSION On October 16, 2000, the Council approved a settlement agreement relating to the downtown vendor carts. City staff, in partnership with the vendor cart owners, has been working diligently to reach a joint consensus on the design and specification of the standard cart unit. with the design finalized, a manufacturer was identified with the capabilities to fabricate the specialty product, Due to the dramatic increase in steel prices within the last twelve months, an additional $44,000 is required to offset the increase in material cost so that the vendor cart owners may begin placing their orders, 250-1 Amendment to Settlement Agreement of the Case Flores, et al. v. City of Santa Ana May 2, 2005 Page 2 FISCAL IMPACT Funds are available in the Liability and Property Insurance Fund (account no.80-180-6522) , Enriqu Execu e i ector Personnel Services Agency 6?e t: VU patricia C, Whitaker Executive Director Community Development Agency PCW!MTL!mlr APPROVED AS TO FUNDS AND ACCOUNTS: l ~,~t'\)>, (" 1. Francisco Gutierrez Executive Director Finance & Management \.\., fJ H:\ACTIONS\2005 CC\AmendSettlementAgreeFloresvSA 5-2-05.doc 250-2 Services AgencY,l/' -' REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED PURCHASE AGREEMENT FOR THE CLEAR CHANNEL MEDIA BILLBOARD SIGN LOCATED AT 114 S. BRISTOL STREET (PROJECT 1819) o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on Zed Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Clear Channel Media for the purchase of a billboard sign, located at 114 South Bristol Street, totaling $19,403. DISCUSSION The Bristol Street widening project from Pine Street to Third Street requires acquisition of the property located at 114 South Bristol Street. On May 17, 2004, the City Council adopted a resolution authorizing the condemnation of the subject real property. Included in the real property is a billboard which is owned and operated by Clear Channel Media. To accommodate the widening, acquisition of the billboard sign is needed (Exhibit 1). Continued negotiations between staff and Clear Channel Media have resulted in an accepted offer to purchase the sign for $19,403. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 25E-1 Purchase Agreement with Clear Channel Media May 2, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819) 1 ~'C~1)//f1M~ ~James G. Ross _ ~:~xecutive Director . Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: '+ ",,-\,<\ ~., ~-k.-:_ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency /' /1, 25E-2 FIRST STREET SANTA ANA , PW A j , , l'l.Il1 "s AGDa t- W W a: b) ...J o b) a: m EXHIBIT 1 ~ N.T.8. city COUlCII Agenda Date May 2. 2005 TItle: PURCHASE AGREEMENT FOR lHE CLEAR CHANNEL MEDIA BILLBOARD SIGN LOCATED AT 114 S, BRISTOL STf1t:1: I (PROJECT 1819) 25E-4 REQUEST FOR COUNCIL ACTION ~ \'"'du,,"llon ," , ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: AGREEMENT WITH AUCTIONS PLUS TO PROVIDE AUCTIONEER SERVICES APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For___ Ma CITY MANAGER CONTINUED TO - FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Auctions Plus, Inc. for auctioneer services for a two-year period, with provision for three one-year renewals. DISCUSSION City property, such as construction equipment, office furniture and vehicles are periodically replaced with newer and more reliable items, resulting in surplus City property. The surplus City property is temporarily stored at the Corporate Yard and scheduled for auction by an authorized auctioneer service. Using an auctioneer service allows the City to dispose of surplus property and also generates revenue from the sale of the surplus items. The notice inviting proposals was advertised on February 2 and 4, 2005, and proposals were solicited. A pre-proposal meeting was held on February 10, 2005 and terms and conditions of the Request For Proposal were discussed, A summary of the proposal requests and proposals received is as follows: 13 Requests For Proposal mailed 2 Requests For Proposal mailed to Santa Ana vendors 2 Proposals Received Proposals were received, opened on February 23, 2005, and evaluated, Each proposal was evaluated independently. Criteria for evaluation included eight specific items, such as: cost, experience, qualification of staff, and ability to maximize revenue generated from the sale of surplus City property, Proposals for auctioneer services were evaluated and the ratings are as follows: 25F-1 "" .'~.l Agreement with Auctions Plus to Provide Auctioneer Services May 2, 2005 Page 2 Auction Company: Location: Rating: Cost: Auctions Plus Garden Grove 80 No cost to the City, General Auction Co, Buena Park 59 15 percent commission, $45,00 per hour for transportation services, Auctions Plus received the highest score and submitted the lowest cost proposal, Auctions Plus will not charge the City a fee or commission for auctioneer services, They will charge an auction fee of 10 percent of the sale price for vehicles and equipment and 15 percent of the sale price on miscellaneous surplus items, to be collected from the buyers of City property at the time of sale, The proposal from Auctions Plus is responsive to the specification and meets the City's requirements, FISCAL IMPACT There will be no charges to the City for auctioneer services. Revenue from the sale of surplus City items will be deposited in the Equipment Replacement account (account no, 76-01-5715) and the General Fund account (account no. 11-01-5651) i~ '=t~""... ~ ""'A'-> ~~ Francisco Gutierrez f.J Executive Director Finance & Management Services Agency 25F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT WITH OCCUPATIONAL SAFETY TRAINING SYSTEMS, INC. FOR CRANE OPERATOR SAFETY TRAINING ~, ~" ( " /1// iV LV-uI'/;) ;(14(", CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Occupational Safety Training Systems, Inc, for an amount not to exceed $12,768, DISCUSSION Cal OSHA has modified its Mobile Crane Operator Safety Training requirements. As of June 1, 2005 all crane operators must be State certified by this date, This requires our City crane operators to be certified by means of a written and a practical exam. Staff received two proposals for crane operation training: from Occupational Safety Training Systems, Inc. (OSTS) and from Joshual Cassey, Staff recommends that OSTS be retained for the required training. They will provide a prep course, an on-site City written and practical exam for a fee not to exceed $12,768. The Joshual Cassey proposal was 42 percent higher in cost. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25G-1 Agreement With Occupational Safety Training Systems, Inc. May 2, 2005 Page 2 FISCAL IMPACT Funds for the $12,768 project cost will be shared between Water Systems Maintenance activity (account no. 64-575-6291), and the Liability and Property Insurance activity (account no. 80-180-6191). ~a APPROVED AS TO FUNDS AND ACCOUNTS: , ~\ =(<\t'.~~'\""l"''-'' ~(:-~~o,~ Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agenc~~ Agency JGR/TC/RfCA05-02/AmendAgreeOccupSafetyTrngSyslnc.JGR 25G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED D As Recommended D As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AGREEMENT WITH TRANS CORE ITS, INC. FOR CITYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEM MAINTENANCE AND OPERATIONAL SUPPORT SERVICES {~7lC~i-~ ,/10~ -- . CITY MANAGER /' CONTINUED TO '1(" FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement with Transcore ITS, Inc. in an amount not to exceed $65,000 per fiscal year for citywide computerized traffic signal system maintenance and operational support services at the Traffic Management Center, with an option to extend the contract for one additional year, DISCUSSION The Santa Ana Traffic Management Center, completed in May 1995, facilitates a state-of-the-art computerized traffic signal system which controls all traffic signals in the City, This system requires routine maintenance and emergency repair of equipment and software malfunctions. City staff does not have the expertise and equipment to perform these specialized functions. TransCore was the original designer, installer, and integrator of this system. Part of the system installed includes their proprietary software. TransCore has been on contract with the City since 1995. City staff considers this company to be the best and only company qualified to provide these services to the City. The rates charged by TransCore are very competitive in the engineering industry. To ensure that costs are minimized, all work will be specifically authorized by the Public Works Agency as needed, Based on these circumstances, staff recommends an agreement for system hardware and software upgrades, maintenance, and operational support with TransCore for a period of two years, with a provision for a one-year extension by mutual agreement. 25H-1 Agreement with TransCore ITS Inc. For Citywide Computerized Traffic Signal System May 2, 2005 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. FISCAL IMPACT Funds for system maintenance and support services in the amount not to exceed $65,000 for Fiscal Year 2004-05 are available in the Public Works Agency account for other Contractual Services (account no. 11-621-6291). The remaining contract funds for the FY 05-06 year will be submitted with the proposed budget. APPROVED AS TO FUNDS & ACCOUNTS: , c ;2-1 '~James G. Ross Executive Director Public Works Agency -t~~~\\~..., ~. ~~ _ Franci~co G~tierrez ~ Executlve Dlrector Finance & Management Service AgencyjV 25H-2 REQUEST FOR COUNCIL ACTION tm_ ~ CITY COUNCIL MEETING DATE: MAY 2, 2005 TITLE: THIRD AMENDMENT TO AGREEMENT WITH URS, INC. TO PROVIDE STORMWATER INSPECTION SERVICES CLERK OF COUNCIL USE ONLY: APPROVED (laJa~. D As Recommended D As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO ----- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a third amendment to the agreement with URS, Inc. in the amount of $29,000 for a total contract in the amount of $499,000 to provide stormwater inspection services. DISCUSSION The Public Works Agency is responsible for the implementation of the City's stormwater permit. Currently, the Agency is utilizing the consultant services of URS, Inc. to inspect all commercial and industrial sites within the city to ensure compliance with the permit. In accordance with the City's stormwater permit, all high priority industrial sites need to be inspected annually, medium priority industrial sites inspected semi -annually, and low priority commercial sites inspected once every three years. URS has extensive experience in this field and has been providing quality service to the City. Staff is recommending an amendment to an existing contract with the firm of URS Inc., in an amount of $29,000. This extension is needed in order to meet the commercial/industrial inspection deadline as outlined in the stormwater permit. ENVIRONMENTAL IMPACT In accordance with the California Environmental recommended action is not considered a CEQA environmental documentation is required. Quality Act (CEQA), the project. Therefore, no 251-1 Third Amendment to Agreement URS, Inc. May 2, 2005 Page 2 FISCAL IMPACT Funds are available in the Federal Clean Water Enterprise (account no. 57-635-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~ t James G. Ross Executive Director Public Works Agency +1.\S'\~\..~I'.) \\.~. , Francisco Gutierrez Executive Director Finance & Mgmt. Services Services Agency fir'/? Agency 251-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 15t Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AGREEMENT FOR 2005 URBAN WATER MANAGEMENT PLAN WITH PSOMAS /) /h <2 /ztt~~/(/ ,,,"_ CITY MANAGER CONTINUED TO FILE NUMBER L/ RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with PSOMAS for an amount not to exceed $42,599 for the preparation of the City's 2005 Urban Water Management Plan. DISCUSSION Urban water suppliers are required by the Urban Water Management Planning Act (UWMP) to update and submit a plan to the Department of Water Resources every five years. The UWMP requires water suppliers to describe and evaluate sources of water supply, efficient uses of water, demand management measures, implementation strategy and schedule, and other relevant information and programs. Requests for proposal to prepare the UWMP were sent to six engineering firms. Five responses were received and evaluated on technical merit by a three-member selection committee. All six firms received passing scores of 70 or higher. Listed below are the top three scores and proposed fees. FIRM SCORE FEE PSOMAS 90 $42,599 HDR Engineering 85 $42,300 Ergun Bakall Consulting Civil Engineer 81 $24,870 Staff recommends that PSOMAS be retained for this project. They were the top ranked firm based on technical merit, although did not provide the lowest cost proposal. Their proposal demonstrated that the firm has extensive experience with similar projects, a good understanding of the project goals and objectives. 25J-1 Agreement for 2005 Urban Water Management Plan with PSOMAS May 2, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the entire $42,599 project cost are available in the Water Administration/Engineering Fund (account no. 64-579-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ames G. Ross xecutive Director Public Works Agency , ~ \~ '~ ':\-C\\:\~N '~f'.,. ~~-"-r--> Francisco Gutierrez C~ Executive Director Finance & Mgmt. Services Agency JGR/TC/RE'CA05~O 2/ Agree for2 005UWMP. ~TGR 25J-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2M Reading o Implementing Resolution o Set Public Hearing For AGREEMENT FOR OFF-SITE ELECTRONIC MEDIA STORAGE Q-i?l4ER CONTINUED TO .-/ FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Data Products & Solutions, Inc. for off-site electronic media storage services and products for a two-year term in a total aggregate amount not to exceed $40,000, 2, Authorize the Executive Director of Finance and Management Services Agency to execute up to three, one-year renewals pursuant to the terms of the agreement, DISCUSSION Critical data is generated by the City's computer systems and secure back- up for this data is necessary. Copies of the most critical data are physically transferred and stored at a secure off-site location, Off-site data security protects against loss of computer generated data from physical, accidental, or hostile causes. This service helps to ensure that the integrity and availability of City computerized business systems is maintained, Both the Police Department and the Finance and Management Services Agency utilize the same vendor for data storage services. Staff surveyed industry sources to identify providers who service the area and provide the range of service sought by the city. American Vault-Data Vault, Inc, and DPSI met the initial criteria and were contacted. A team representing the Police Department and the Finance & Management Services Agency was formed. The team collected requirements and developed a vendor evaluation criteria and an assessment scoring tool. The evaluation team conducted interviews, visited facilities, gathered reference input, and reviewed submissions from the candidate vendors. 25K-1 Off-Site Electronic Media Storage May 2, 2005 Page 2 The evaluation rating for the two firms is as follows: Firm Score DPSI American Data Vault 89 30 Staff recommends the selection of DPSI to provide off-site storage services for the Police Department and the Finance & Management Services Agency. A two-year term agreement with three, one-year renewal options is recommended due to the risk in moving the stored media and the additional costs involved in withdrawing stored holdings. In addition, lower pricing is gained by an initial two-year term. If the City elects to renew the agreement, prices may be adjusted by DPSI by a maximum of three and a half percent per year. FISCAL IMPACT Funds are available in the Other Contractual Services accounts from the Finance and Management Services' Information Services account (account no. 11-179-6291), and the Police Department's Computer Services and Records Services accounts (account nos, 11-338-6291 and 11-345-6291 respectfully) . . b#~:r:?-- ~;I'.?~~UI M, Wal ters t'~ Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: '-t\~,,,,r'.j,,'l:--.t'. . \. '\A...l Francisco Gutierrez Executive Director Finance & Management Services Agency}", 25K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT FOR A MOBILE DATA COMPUTER SYSTEM QJl;a~ CITY MANAGER CONTINUED TO ----- FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Motorola, Inc. in an amount not to exceed $1,406,530 for the purchase of a mobile data computer system. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This ini tiati ve was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness. On March 3, 2005 the Fire Department issued a Request for Proposal for a mobile data computer system in order to enhance access and connectivity to critical data. The system provides access to information such as the computer aided dispatch, the records management system, and the geographic information systems to emergency first responders via a wireless mechanism. Request for Proposals were sent to fourteen potential vendors and three proposals were received. The proposals were reviewed, evaluated and rated on criteria including solution provided, expertise, and total integration. The evaluation rating for the three vendors is as follows: 25L-1 Agreement for a Mobile Data Computer System May 2, 2005 Page 2 Company Avq. Score Motorola 98.03% Tritech 87.58% Radio Satellite Integrators 72.26% Staff recommends the selection of Motorola, Inc. to provide a mobile data computer system in an amount not to exceed $1,406,530, which includes a $50,000 contingency amount set by the Fire Department. FISCAL IMPACT Funds are available in Contractual Service account the Fire Department's UASI (account no. 125-320-6291). Grant, Other APPROVED AS TO FUNDS AND ACCOUNTS: IJ;/L- dJ~ 4r Phillip M. Garcia Fire Chief Fire Department ~ \\~\~ ~t'.L~ 1\..~ D _ Francisco Guiterrez Executive Director Finance & Management Services Agency Jt/7 ,... 25L-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: AMENDMENT TO AGREEMENT WITH HARDY AND HARPER INC. FOR POTHOLE REPAIRS APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For /~i (~V~ / CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the contract with Hardy and Harper Inc. increasing the contract for pothole repairs by $100,000 for a total contract not to exceed amount of $425,000. DISCUSSION Last year the City Council awarded a contract totaling $325,000 for annual pothole repair to Hardy & Harper, Inc., a Santa Ana vendor. This contract included filling potholes with asphalt and repairing sidewalks. The record-breaking rains, which started late last year and continued through February, have caused a marked increase in the number of potholes. Prior to the storms, the contactor filled an average of 1,500 potholes each month. During January, February and March of this year, an average of 3,900 potholes have been filled each month. This monthly figure is expected to continue for the remainder of the fiscal year until the subsoil, which supports the roadway, has completely dried. To continue repairing potholes an increase in the pothole maintenance contract with Hardy and Harper Inc. is required, increasing the total contract amount by $100,000, for a total contract amount not to exceed $425,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25M-1 Amendment to Agreement For Pothole Repairs May 2, 2005 Page 2 FISCAL IMPACT Funds in the amount of $100,000 are available in the Road Maintenance activity (account no. 11-631-6291) for pothole repairs. t? APPROVED AS TO FUNDS AND ACCOUNTS: t\\~~'~~~" \\.l~' Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~/- 25M-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: AMENDMENT TO LEGAL SERVICES AGREEMENT WITH McCUNE & HARBER, LLP APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ,/ I;~ '7 (. I ;:7/ . CITY ~:~A ~~JI {)t{ t~-.__ . RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the legal services agreement with McCune and Harber increasing the hourly rate from $135 to $155. DISCUSSION While the City Attorney's Office provides the vast majority of its legal services and representation though staff counsel, from time to time it is necessary to contract for services through outside counsel. The law firm of McCune and Harber has provided legal services to the City and its employees in the specialized area of major tort liability and police- related litigation. Funds for this activity are provided through the Liability Fund managed by the Risk Management Division of the Personnel Services Agency. The City Attorney's Office has been notified by the firm that they wish to increase their fees by $20.00 per hour, the only fee increase requested since the firm was first retained in January of 2002. The firm continues to provide the City with exceptional and cost-effective representation. Staff recommends the agreement be amended to increase the hourly rate to $155. 25N-1 Amendment to Legal Service Agreement with McCune & Harber May 2, 2005 Page 2 FISCAL IMPACT Funds are available in the Risk Management Liability Fund (account no. 80- 180-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: "' . ~\ L_ 'N.\.~~~~~) J~J..~ Francisco Gutierrez Executive Director Finance & Management Services Agency fi/ C-J .~ Executive Director Personnel Services 25N-2 REQUEST FOR COUNCIL ACTION ~, ;;~/ 'V V CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ?-" MAY 2, 2005 TITLE: TENTATIVE PARCEL MAP NO. 2005-05 (COUNTY PARCEL MAP NO. 2004-271) SUBDIVISION TO ALLOW CONDOMINIUMS WITHIN FOUR INDUSTRIAL BUILDINGS AT 126, 128, 130 AND 132 EAST DYER ROAD - IRVINE REYNOLDS LLC, APPLICANT ~ ITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 20d Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2005-05 (County Parcel Map No. 2004-271) as conditioned. ZONING ADMINISTRATOR ACTION On April 6, 2005, the Zoning Administrator adopted a resolution approving Tentative Parcel Map 2005-05 (County Map No. 2004-271) as conditioned, to allow condominiums within four industrial buildings in the Light Industrial (Ml) zoning district at 126, 128, 130 and 132 East Dyer Road. The Zoning Administrator removed Planning Division Condition No. 4 and Tentative Parcel Map note No. 1 as recommended by staff (Exhibit A). Separate electrical meters have been provided for all anticipated condominium units. Although the meters are located on the exterior of the building, they are screened from public view and have been approved with appropriate City permits. FISCAL IMPACT There is no fiscal impact associated with this action. Sttt:f~':i~ Executive Director Planning & Building Agency BA:rb Ba\reports2005\tpmOS-05 (04-271) Briggs 126 E. Dyer.cc 31A-1 REQUEST FOR Zoning Administrator Action ~ ~ PLANNING COMMISSION SECRETARY ZONING ADMINISTRATOR MEETING DATE: APRIL 6, 2005 TITLE: PUBLIC HEARING - FILED BY IRVINE REYNOLDS LLC FOR TENTATIVE PARCEL MAP NO. 2005-05 (COUNTY PARCEL MAP NO. 2004-271) SUBDIVISION TO ALLOW CONDOMINIUMS WITHIN FOUR INDUSTRIAL BUILDINGS AT 126, 128, 130 AND 132 EAST DYER ROAD Prepared by Bill Apple APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO (,~L l Planning Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2005-05 (County Parcel Map No. 2004-271) as conditioned. DISCUSSION Request of Applicant Robert Briggs of Irvine Reynolds LLC is requesting tentative parcel map approval to allow condominiums within four industrial buildings located at 126, 128, 130 and 132 East Dyer Road. Property Description The site resembles a flag lot in shape and is approximately 2.65 acres in size, with approximately 122 linear feet of frontage along Dyer Road. The property is zoned Light Industrial (M-1) which is consistent with the General Plan designation of Industrial (IND) for the area. The site is bounded on all four sides by light industrial uses. There are four existing buildings on the project site totaling 40,643 square feet (Exhibits 1 and 2) . Project Description The map is being filed for condominium purposes, which will allow the air space within four industrial buildings to be subdivided into condominium units. The four buildings are located on one parcel which provides open space, landscaping and parking for the project site (Exhibit 3). There is no new construction proposed. A total of 120 31A-2 Tentative Parcel Map No. 2005-05 April 6, 2005 Page 2 parking spaces are on the project site that will be shared between the four buildings. The site will share a driveway with the property immediately to the south. Access to the site is from Dyer Road. The Floor Area Ratio (FAR) for the property is 0.34, which is less than the 0.45 FAR allowed by the General Plan. Covenants, Conditions and Restrictions (CC&Rs) will be recorded to insure the property functions as an integrated site. Analysis of the Issues The map is being filed for condominium purposes, which will allow the air space within each of the four industrial buildings to be subdivided into condominium units and sold to individual buyers. There were no major issues identified with the proposal or impacts to adjacent properties or the environment identified. Covenants, Conditions and Restrictions (CC&Rs), addressing site drainage, reciprocal access, landscaping and maintenance, and utility easements, will be recorded prior to approval of the final map. The recording of the final map is necessary before units can be sold within the four buildings. The subdivision is consistent with the City's General Plan and complies with the Subdivision Map Act and Chapters 34 and 41 of the Santa Ana Municipal Code. No variances are required for the proposed proj ect. Based upon the above analysis and findings, it is recommended that the Zoning Administrator approve Tentative Parcel Map No. 2005-05 (County Parcel Map No. 2004-271) as conditioned (Exhibits 4 and 5) . CEQA Compliance This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. This Class 15 exemption allows the minor division of industrial zoned property into four or less parcels. Categorical Exemption Environmental Review No. 2004-176 will be filed for this project. U--u L3dL ~ Bill Apple Associate Planner BA:JM ba\repoLts2005\tpmOS 05 (04-271) Briggs 126 E Dyer za 31A-3 ~ ~o [3w ~l:J l:J l:J l:J l:J l:J l:J l=- C2 R1U " '" CR~ ,. R1 R2 I fL~AST , 'tmIl Bed2 ' R1 OD R2,..,.: j1 ~.R.1.tJ1 o __,,,, , I , " WARNER AV. 0C1' M1 M1 R1 M1 , M1 ! I M1 M1 M1 , >R1 ~ , R1 o 'i! "..------I-.""~ . R1 R1 AI R1 . R1 . " ~ R1 0 - 1 AI .B C.SM Cl C1-MD C2 C3 C3-A C' CS GENEAALAGAICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL/MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL M1 o R2 R2 M1 R2 SO-63 A2 JIlU'------< R2 \,_, M1 CENT~ A R2 R2 M1 A2 A2 I M1 M1 M1 M1 " r OVER RD. e; ,--, ~).--I PROJECT SITE I " " " 11___ I r--- 'e M1 :;; M1 '" I M1 "' M2 - - i ;1 ....TOtlAV M1 ~ M1 OOLlJMO..EAV, ,I SO-43 Ii SO-43 SO-43 SO.43 City of Tustin CR GC "' "2 "0 o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMilY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTlAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R' RE SD SP ~ ~ TM 05-5 MR. ROBERT BRIGGS 126, 128, 130 & 132 EAST OVER ROAD A o9f' l' = 1000 FEET - = 500 FEET p G ENe Y LAN N N A N D B U L D N G G A 3~~~'1tT 1 A ~ ~ ~ ~ ~ Q ~ iA oW' J 0 u DYER I- AUT 0 W REPAIR W a: I- 1Il ~ ~ ~ ~ ~ Q ~ Z :;;: :!; ~ ~ " ~ C 0 M M E R C J A L T R A ROAD INOUSTRIAL INDUSTRIAL INDUSTRIAL GARRY AVENUE TM 05-5 MR. ROBERT BRIGGS 126, 128, 130 & 132 EAST DYER ROAD PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-5 :1 I, "''''....us " C\J ~ ~CI)~ C) lll~ C) ~O C\J cu.... d g;o ..., CI..).. <... f-. ":( ~~~ Q. ;iEo~ ~::g(,)!!:: -< 0 --.I ~~'<( -..J ~'<((,) lLj (,)"'1: Ll.. () Jo.,;O 0:: ~~~ ~~CIj~ ~~CI) ~::s).. ..;. 0 f-. ;:::: (,) <3 ~~~ <Ll..).,; ~ ~ . g , i I' !~ ~fi. l;~ I I'll 'i ~ ~ ~l_ "iI ~ g~: Pl! : ~~~ ~'II !il II !!:: ijH: >! _" ~, ! ij~~ ~i ~.,~ ~I .., ~~{ t;! ~ ~I : ~U ~ ~! ~; l ne ll: ~ ;;: \;~% ~ ;'! ",~i :. ;~!l" : ~ ., I'!-l! . I ~~a ~ ~ H!!! l:id I . \ ~ ~ ~ ~ ~i~! i ~. "lh' .,iI II '...,1 1\'. ! , ~ i i I:: ~ ii ~ ! ~~ ~i;!' ~!~i~ l!'~f.!~ ll:j 15~!fi": ~i ~ilU . . ui! j"" !3i;i~i ~I 111m & ~f~~! ~,l;;!!i , . ! b 1 ! iii . . i!!!& 111111 !~!i:di !i - ! ~ I I ~ " U:!h Ii!!!!! ~ II !! I s i!; ; 0 I ' , ~ aj: I , 1 ~ 'I 1.1 ~q I i I' ih;" ~ ~ ~ <l ~ . ~I 'II", " 3IY ~'O~I"': ~'~'~r"- --.~ i ~ ,! !=il, \ I, I I , 1_ \ \ I \ ~ 'I!I: I 1,,,,I::r'" :i;~; '~~~ I j!, I: 11=1_". _ _" - - I"I"-t' I! :i{I'! :i.;lt;~~:-1";;,-1~;;~1~~1. ,. . iii,:im'I"'" _II -';T',_",~ ,II I: ", ' Ii I ~l ,.,""'- ~!: I _" ~~ I~ [ !~II~Ij-~.'~i~'I' ~~ ~,! ill: , ~ ~l ) i ~,I.. ~... ~g '........1;. ,. .. ," 0.0 I~' jil:~t\'\: iilL: '~,:' ,; ; I l8i ~& il ~.LL.. e! " "'r:;!'" ------""'---- ..5-=,_ II ""', ","",-. .::. .ili! I,,,,, I I r--.r.f I H, ,," ----- L_..___ -- "lSIll'JfI ~1AB6- 3 . " . o . < , ,~ CD I ~ .... ~", "','1 - ,~.~. ;; t.; ~!~ ~ .,~ ~ " l!l !'1 dli ~ I II ~ 5 ! ! ''''H' , I , , , i I , , E , I, ." ~!! n'1' ,I " ! ~ . ,~ II ~ !. ~ ~ ~ ... Jr>, Ii nJ !<~g ,*=..:....:.. ....!;;!;; ~~*~ '63:-- '- or ~ ~~~2 ,z_:li; - I.. . 'J ~ II!! ~ii5 c" "~ ~l> a~ a:~Y) ;!r.: ~o~ ~<~ ~~~ ~;~ /J)l:l!O ~u~ ~E~ Tentative Parcel Map No. 2005-05 April 6, 2005 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and all other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The proj ect is located wi thin the Light Industrial (M-1) zoning district which is consistent with the General Plan designation of Industrial for the area. B. The proposed proj ect, as requirements of the zoning applicable City ordinances. conditioned, conforms to all applicable and subdivision codes as well as other The proposed project, as conditioned, conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. No variances are required for the project. The subdivision is also in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. C. The project site is physically suitable for the type and density of the proposed project. The map is being filed for condominium purposes, which will allow the air space within each of the four industrial buildings to be subdivided into condominium units and sold to individual buyers. The buildings on the project site are existing and were constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project, therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the provisions of the City's zoning code. J~f4 Tentative Parcel Map No. 2005-05 April 6, 2005 Page 2 of 2 D. The design and improvements of the proposed project substantial environmental damage or substantially injure fish and wildlife or their habitat. will not cause and avoidably The project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed subdivision for condominium purposes will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. The subdivision of this property for condominium purposes is not anticipated to have any detrimental effects upon the general public. All improvements on the property currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. F. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision will not conflict with easements necessary for public access, since public access is provided from Dyer Road. The proj ect shares common driveway access with the property immediately to the South. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. 31A-8 APRIL 6, 2005 PAGEIOF2 Conditions for Approval Should Tentative Parcel Map No. 2005-05 (County Parcel Map No. 2004-271) be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. Comply with Development Review Committee comments outlined in the letter dated November 2, 2004 for Site Plan Review DP No. 2004-81. 2. Prior to recording of the Final Map, Parcel Map No. 2003-188 for 122 East Dyer Road shall be recorded. 3. Provide an exhibit showing all landscape areas for the project including the type and location of existing trees. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 4. In the event that the condominium units created by this map want their own separate electrical meters, these meters shall be maintained within the building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 5. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and ~t.95 APRIL 6, 2005 PAGE20F2 maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access with the property to the south, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. 6. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units. 7 . All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 8. Two copies of the CC&Rs shall be Building Division recordation. recorded final parcel map and City approved submitted each to the Planning Division, and Public Works Agency within 10 days of 9. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and at the requirements of the State Subdivision Map Act. 10. All development within the area of development and other applicable fees effect at the time of permit issuance. the map including is subj ect permit fees to in 11. All development within the area of the map is design and development standards in effect building permit issuance. subj ect to all at the time of 31A-10 ZONING ADMINISTRATOR HEARING MINUTES APRIL 6, 2005 TENTATIVE PARCEL MAP NO. 2005-05 (COUNTY MAP NO. 2004-271) Ken Adams, Zoning Administrator, opened the public hearing at 10:37 a.m. in the City Hall Ross Annex Conference Room 2001. Also in attendance were: Bob Griffen, Applicant, Cal Woolsey, Fuscoe Engineer, Josh Reilly, Lee & Associates, Bill Apple, Case Planner, Karen Haluza, Principal Planner and Martha Ramirez, Recording Secretary. Bill Apple presented the staff report and recommendation for the properties at 126, 128, 130 and 132 East Dyer Road. Staff asked that the Zoning Administrator remove Planning Condition No. 4 and Tentative Parcel Map Note No.1. Separate electrical meters have been provided for all anticipated condominium units. Although the meters are located on the exterior of the building, they are screened from public view and have been approved with appropriate City permits. Zoning Administrator asked the applicant if he agreed with modifications and would comply with the conditions as stated. Mr. Griffen concurred with the modifications and compliance. Mr. Adams closed the public hearing. Zoning Administrator moved to adopt a resolution approving Tentative Parcel Map No. 2005-05 (County Map No. 2004-271) with the following modifications: remove Planning Condition No.4 and Tentative Parcel Map Note No.1. Adjournment: 10:44 a.m. Martha Ramirez Recording Secretary U:\MRamirez\Zoning Administration\Minutes\2005\ZA 04-06-05 TPM 2005-D5.doc 31A-11 KO - 04/19/05 RESOLUTION NO. 2005-09 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2005-05 AS CONDITIONED TO AllOW CONDOMINIUMS AT 126, 128, 130 AND 132 EAST DYER ROAD (COUNTY MAP NO. 2004-271) BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting approval of a tentative parcel map to allow condominiums within four industrial buildings in the Light Industrial (M1) zoning district at 126,128,130 and 132 East Dyer Road. B. Tentative Parcel Map No. 2005-05 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing April 6, 2005. C. The Zoning Administrator determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and all other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the light Industrial (M-1) zoning district which is consistent with the General Plan designation of Industrial for the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. No variances are required for the project. The subdivision is also in 31A-12 Resolution No, 2005-09 Page 1 of4 compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The map is being filed for condominium purposes, which will allow the air space within each of the four industrial buildings to be subdivided into condominium units and sold to individual buyers. The buildings on the project site are existing and were constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project, therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the provisions of the City's zoning code. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed subdivision for condominium purposes will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The subdivision of this property for condominium purposes will not have any detrimental effects upon the general public. All improvements on the property currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 31A-13 Resolution No. 2005-09 Page 2 of 4 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision will not conflict with easements necessary for public access, since public access is provided from Dyer Road. The project shares common driveway access with the property immediately to the South. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. Section 2. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. This Class 15 exemption allows the minor division of industrial zoned property into four or less parcels. Categorical Exemption Environmental Review No. 2004-176 will be filed for this project. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2005-05 (County Map No. 2004-271) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Zoning Administrator Action dated April 6, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference ADOPTED this 6th day of April, 2005. Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-14 Resolution No. 2005-09 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2005-09 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 6, 2005. Date: Clerk of the Zoning Administrator City of Santa Ana 31A-15 Resolution No. 2005-09 Page 4 of4 Conditions of ADDroval for Tentative Parcel MaD No. 2005-05 (County Parcel MaD No. 2004-271) Tentative Parcel Map No. 2005-05 (County Parcel Map No. 2004-271) 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 Uniform Fire Code, the Uniform Building 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 tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Plannina Division 1. Comply with Development Review Committee comments outlined in the letter dated November 2, 2004 for Site Plan Review DP No. 2004-81. 2. Prior to recording of the Final Map, Parcel Map No. 2003-188 for 122 East Dyer Road shall be recorded. 3. Provide an exhibit showing all landscape areas for the project including the type and location of existing trees. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 4. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access with the property to the south, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. 5. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units. 6. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. Exhibit "A" 31A-16 7. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 8. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and at the requirements of the State Subdivision Map Act. 9. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 10. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. Exhibit "A" 31A-17 31A-18 REQUEST FOR COUNCIL ACTION ,~~\ W1ll;~1 I ",l.\UI..atinn 1,-: 1 .~.~( 'l ~..:... CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-04 TO PERMIT THE CONSTRUCTION OF A SECOND STORY ADDITION TO A NEW ACCESSORY STRUCTURE AT 1808 NORTH GREENLEAF STREET - NEAL O'TOOLE, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ /lA; &A CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-04 as conditioned. PLANNING COMMISSION ACTION On April 11, 2005, the Planning Commission approved Conditional Use Permit No. 2005-04 as conditioned by a vote of 7:0 to allow the construction of a second story addition to a new accessory structure in the Single-Family Residence (R1) zoning district at 1808 North Greenleaf Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~ A 7/ j- s~~n./G. '~:Zng Executive Director Planning & Building Agency MGM:rb mgm\plancomm\CUPOS-04.CC 31 B-1 REQUEST FOR Planning Commission Action ~Jii., ~H-;\ ~~ .- ..:-'ut:atIon,.. ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 11, 2005 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2005-04 TO PERMIT THE CONSTRUCTION OF A SECOND STORY ADDITION TO A NEW ACCESSORY STRUCTURE AT 1808 NORTH GREENLEAF STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Melanie G. McCann ~A 7/J: Executiv;j;;rector r::~ ~ ~T7_ Planmng nager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2005-04 as conditioned. DISCUSSION Request of Applicant Neal P. O'Toole is requesting approval of a conditional use permit to allow the construction of a second story addition to a new accessory structure located at 1808 North Greenleaf Street. Property Description The General Plan land use designation for this site is Low Density Residential (LR-7) that allows a maximum of seven dwelling units per acre, and is located within the Single-Family Residence (R1) zoning district. The subject property at 1808 North Greenleaf Street is improved with an existing one and one-half story single-family residence and detached garage. Additional single-family residences surround the property to the north, south and west. Multiple-family complex and additional single- family residences are located to the east (Exhibits 1 and 2) . Project Description The proposed proj ect includes the demolition of the existing garage and the construction of a new 420 square foot garage and 520 square foot second story workshop/office area. The proposed new accessory structure is 27 feet in height. The new construction has been designed to reflect the characteristics, materials, and colors of the Tudor style architecture of the existing residence (Exhibits 3, 4 and 5). The exterior design EXHIBIT A 31 B-2 Conditional Use Permit No. 2005-04 April 11, 2005 Page 2 elements include decorative half timbering, smooth finish stucco, wood siding and decorative vents at the gable peaks, and double-hung style wood windows trimmed with ornamental shutters. Analysis of the Issues As required in the R1 zoning provisions, an accessory structure exceeding 15 feet in height, or more than one story, requires the approval of a conditional use permit. The proposed accessory structure is 27 feet in height and contains two stories, thereby necessitating a conditional use permit. The accessory structure is compatible with the surrounding land uses based on its placement on the site and its architectural design and detailing. The project has been designed to meet or exceed the City's development standards for accessory structures, including minimum setbacks and maximum square footage limits. Incorporated in this proposal is a request to include plumbing fixtures within the garage for a laundry area. It is the policy of the Planning Division to not allow plumbing in a detached garage as it is considered conducive to the creation of a second unit. The applicant has requested the Planning Commission consider approval of the proposed plumbing for a washer, dryer and utility sink as part of this conditional use permit application. As referenced in the conditions of approval, it is proposed a covenant stating the two-story accessory structure will not be used as a rental unit be recorded on the property. The proposed new garage and second story addition has been designed to be compatible with the surrounding environment and is consistent with the goals and objectives of the General Plan. Based on the analysis above, it is recommended that the Planning Commission approve Conditional Use Permit No. 2005-04 as conditioned (Exhibits 6 and 7) . CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is a General Rule Exemption. No further environmental review is needed. Environmental Review No. 2004-221 will be filed for this project. Melanie G. McCann, AICP Associate Planner ~~~~ /Z--.-.4s'-- Senior Planner MGM:JM PlanCom\CUP05-04.041105.pc 31 B-3 l' i.~,-- r~ -: ~;'~l ,"",J' 5 Cl ~'~1 - .---:: =:2 Lt.....U....l Cl ~ SP-l~--="";';" '.- ~.' ,.., ~ Rl Rl @!E::l R1 R1 \\ ' ~,~~6~' ":, ~t~'" :~, R1" C5. Rl J ~~II Rl "~" Rl :::"R:'H~II ~ AV. "a' ,\ L .' \ ,~ l:1 '0 i P }Cl- , ~ 40.' \MD -< Rl I m I 0 " ".,. "" ~ OJ' R1 R2 ~""' ~~,.. R2 jJ~ i Rl~ ~ P P Lel- foil ~ K' ", i i i MD ~lD 'Y z f ~ ~ ~ If Rl PROJECT ., r" ~ R2 \~ _ .'- -(~I~ ",t ,I ~:j';~1 n~ \' \3r ~ 'R1 ~'R1 !;;~" :;""~ :: :":~'_~~i~~l P R2 R2 ~ Rl I.....l.oe:. 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HDII - '!;'- ,..!: ~ _ R2 '[-"-~ , -' ] ], ; J! ~f Rl ~ Rl ] ! 1 R1 '-- "'" R1 I~CR r=tim.. 5D-20 A1 .B C-5M C1 Cl-MD C2 C3 C3-A C4 C5 GENERALAGAICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCO PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP -~ CUP 05-4 MR. NEAL P. O'TOOLE RESIDENCE 1808 NORTH GREENLEAF STREET A #f - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 318-4 N G AGE N C Y A SINGLE FAM Y RESIDENTIAL SINGLE FAMILY RESIDENTIAL NINETEENTH STREET ~ I- ~ "' ;:: l1J ~ l1J "' " l1J "' > '" a: ii: 0; I- SIN E FA /LY R /DEN IAL C " '" III " '" " '" Q ~ Q :; "' ~ '" '" " SINGLE FAMILY RESIDENTIAL " l1J ~ ~ ~ D. ~ ~ ~ 0 ~ a: ~ , i2 "' I- "' ~"' 0 " "' ~ ~ ~ ~ ::::; ~~ => ~ l1J ,,'" J: :::'~ -~ ~ '" ~ ~~ ~~ '" ~ ~ " '"~ 0" ~ " " ~"' 0", "' ",,- "" 0"' "' 0; "' " ~ IL <( COMMERCIAL l1J ....I Z COMMERCIA L l1J COMMER I A L l1J a: Cl SEVENTEENTH STREET CUP 05-4 MR. NEAL P. O'TOOLE RESIDENCE 1808 NORTH GREENLEAF STREET A oW PLANN AGE N C Y N G AND B U L 0 N G EXHIBIT 2 318-5 . . OOv9~ILL -vlL -! 999~6 V'J '39NV~O 'VIN}JO..:lIlV:J '\iN" VINVS 1';- ~ IO~ '3iS is 113SSV19 'N g~, 3V3lN33~~ 'N gOg~ ~ 5 I Il.NT1'i^ Nll.Snr 3N<J'i 3:)N301S3OJ 3l001.0 Ii! ~~ . , ,- i~ I~ <( 'H3!(lIS30 .~ ~ i - < I. ,-- , , , II : t' , ~~ I}- , , , , , , -- I e I.. 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II. .....hl ..lthl '0 0................. Cl I , Z 'i ::li ~ <( ,: I oc . I (J) u. i,.I:"!!/ w "il'il !i ..J oc ""I~~"l. ::> 0 I~l' ~~G; 0 0 W ..J 1'1'111", J: u. u ~Il~ :'iiJ. (J) '0 0 , z . ,Il!ii,;j " <( ~ (J) 'I!! I ... w :'181 ii! ill I- Iii, , li!lj ;,~ III 0 fil"'. ... Z ililhlll'dl~ I... I:il '5 ,'" ~ "~ ..J i1!l,!iil.~!!!l!I, !III <( oc w Z w 'I " ill ~1 Cl I:i!/!l,l' ~~ ~! ..J II 1 """1" <( ,1';i'i;II'ilill~1 oc II ii!I.:;iIW' :I,!'! ~ ..:It!' Ii 'I ii" u '~IIl~Q Ii il ' ::> II !iIlIY~lIllbill..,i ~ (J) EXHIBIT 4 31 B-7 . ; ! , / \ \ t: \ ~ \~ ~~1. ~ , Conditional Use Permit No. 2005-04 April 11, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide general well a service being of or the facility which will neighborhood or the The proposed second story addition will contribute to the general well being of the neighborhood and the community by maintaining the required off-street parking spaces and providing additional square footage for the homeowner to utilize as workshop/office space. Additionally, the design and use of quality materials provide a positive aesthetic contribution to the neighborhood. B. will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed second story addition complies with the City's development standards for accessory structures. Additionally, the design and operation of the proposed second story addition is intended to ensure compatibility with the surrounding uses. The new garage and second story addition exceeds the minimum setback requirements providing a minimum of five-foot setback in consideration of aesthetic and visual impacts on adjacent residences to the south and west. Furthermore, the proj ect provides a positive contribution to the neighborhood character by utilizing compatible architectural forms, textures, colors and materials. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed second story addition has been designed to complement the Tudor architectural style of the existing residence, which is compatible with the character of the Floral Park neighborhood. The immediate area includes a variety housing types and massing, including a two-story historic house to the north and west, a two-story multi-family complex to the east, and a one and one-half story house to the south. Based on the building placement, compatible design and conditions of approval, the height and scale of the addition will not adversely affect the present and future economic stability; but rather be complimentary to the surrounding area. EXHIBIT 6 318-9 Conditional Use Permit No. 2005-04 April 11, 2005 Page 2 of 2 D. Will the specified uses? proposed use comply with the regulations in Chapter 41 of the Santa Ana Municipal and conditions Code for such The proposed new garage and two-story addition has been designed to meet or exceed the City's development standards for accessory structures, including setback and maximum square footage limits. The code permits accessory structures to be built up to the adjacent property lines, while the proposed building provides a five-foot setback from the southerly property line and six-foot three-inch setback adjoining the west property line. E. will the proposed use adversely affect the General Plan or any specific plan of the City? The area is designated Low Density Residential (LR-7) in the General Plan Land Use Element and is located in the Floral Park neighborhood. The proposed project is consistent with the General Plan land use designation given that the addition will function as a workshop/home office and not as an additional living unit without adequate open space and setbacks. In addition, Goal No. 3 of the Land Use Element encourages the support of development which provides a positive contribution to the character of existing neighborhoods. The proj ect complies with this goal through its setbacks and placement on the property, as well as through the use of architecturally compatible details, colors and materials. No adverse impacts are anticipated based on the design of the proj ect and the conditions of approval. 31 B-1 0 APRIL 11,2005 PAGE 1 OFl Conditions for Approval Should Conditional Use Permit No. 2005-04 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review Development Project No. 2004-85. 2. The accessory structure shall not have any kitchen, shower, and toilet or lavatory facilities. 3. The accessory structure shall not have an electric, gas or water meter. 4. A covenant to not use the two-story accessory structure as a rental unit shall be recorded prior to issuance of building permit. 5. Any changes or amendments to this conditional use permit require submittal to the Planning Division for review. that time, a determination will be made regarding additional required entitlements. will At any EXHIBIT 7 318-11 KO - 4/14/05 RESOLUTION NO. 2005-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-04 AS CONDITIONED TO PERMIT THE CONSTRUCTION OF A SECOND STORY ADDITION TO A NEW ACCESSORY STRUCTURE AT 1808 NORTH GREENLEAF STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2005-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 11 , 2005. B. Conditional Use Permit No. 2005-04 has been filed with the City of Santa Ana seeking to allow the construction of a second story addition to a new accessory structure at 1808 North Greenleaf Street. The proposed accessory structure is twenty-seven (27) feet in height and contains two (2) stories. C. Pursuant to Santa Ana Municipal Code Section 41-232.5, a Conditional Use Permit is required for accessory structures more than fifteen (15) feet in height or more than one (1) story. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed second story addition will contribute to the general well being of the neighborhood and the community by maintaining the required off-street parking spaces and providing additional square footage for the homeowner to utilize as workshop/office space. Additionally, the design and use of quality materials provide a positive aesthetic contribution to the neighborhood. 318-12 Resolution No, 2005-10 Page 1 of4 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed second story addition complies with the City's development standards for accessory structures. Additionally, the design and operation of the proposed second story addition is intended to ensure compatibility with the surrounding uses. The new garage and second story addition exceeds the minimum setback requirements providing a minimum of five-foot setback in consideration of aesthetic and visual impacts on adjacent residences to the south and west. Furthermore, the project provides a positive contribution to the neighborhood character by utilizing compatible architectural forms, textures, colors and materials. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed second story addition has been designed to complement the Tudor architectural style of the existing residence, which is compatible with the character of the Floral Park neighborhood. The immediate area includes a variety housing types and massing, including a two-story historic house to the north and west, a two-story multi-family complex to the east, and a one and one-half story house to the south. Based on the building placement, compatible design and conditions of approval, the height and scale of the addition will not adversely affect the present and future economic stability; but rather be complimentary to the surrounding area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such uses? The proposed new garage and two-story addition has been designed to meet or exceed the City's development standards for accessory structures, including setback and maximum square footage limits. The code permits accessory structures to be built up to the adjacent property lines, while the proposed building provides a five-foot setback from the southerly property line and six-foot three- inch setback adjoining the west property line. 318-13 Resolution No. 2005-10 Page 2 of 4 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The area is designated Low Density Residential (LR-7) in the General Plan Land Use Element and is located in the Floral Park neighborhood. The proposed project is consistent with the General Plan land use designation given that the addition will function as a workshop/home office and not as an additional living unit without adequate open space and setbacks. In addition, Goal No.3 of the Land Use Element encourages the support of development which provides a positive contribution to the character of existing neighborhoods. The project complies with this goal through its setbacks and placement on the property, as well as through the use of architecturally compatible details, colors and materials. No adverse impacts are anticipated based on the design of the project and the conditions of approval. E. In accordance with the California Environmental Quality Act, the proposed project is a General Rule Exemption. No further environmental review is needed. Environmental Review No. 2004-221 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated April 11, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of April, 2005 by the following vote: AYES: Commissioners: Cribb. De La Torre. Gartner. Leo. Lutz. Mondo. Nalle (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson 318-14 Resolution No. 2005-10 Page 3 ot 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11 , 2005. Date: Planning Commission Secretary City of Santa Ana 318-15 Resolution No. 2005-10 Page 4 of 4 Conditions for Approval for Conditional Use Permit No. 2005-04 Conditional Use Permit No. 2005-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review Development Project No. 2004-85. 2. The accessory structure shall not have any kitchen, shower, and toilet or lavatory facilities. 3. The accessory structure shall not have an electric, gas or water meter. 4. A covenant to not use the two-story accessory structure as a rental unit shall be recorded prior to issuance of building permit. 5. Any changes or amendments to this conditional use permit will require submittal to the Planning Division for review. At that time, a determination will be made regarding any additional required entitlements. EXHIBIT "A" 318-16 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 r TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005-01 AND CONDITIONAL USE PERMIT NOS. 2005- 05, 2005-06 AND 2005-07 TO AMEND SPECIFIC DEVELOPMENT NO. 58 TO ALLOW TRADE SCHOOLS AND PRIVATE RECREATIONAL FACILITIES - CALVARY CHAPEL OF COSTA MESA, APPLICANT (lA~- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. PLANNING COMMISSION ACTION On April 11, 2005, the Planning. Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 01, adopt a resolution approving Conditional Use Permit Nos. 2005-05 as conditioned, 2005-06 as conditioned and 2005-07 as conditioned by a vote of 7:0 to allow private recreational fields and two trade schools within the Specific Development No. 58 (SD-58) zoning district at 3000 and 3100 West MacArthur Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibi t A) . 75A-1 Zoning Ordinance Amendment No. 2004-01, Conditional Use Permit Nos. 2005-05, 2005-06 and 2005-06 May 2, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. St hen G. Ha ding Executive Di ector Planning & Building Agency VF:rb vf/reports/ZOA05-01, CUPs 05-05, 05-06, 05-07.cc 75A-2 REQUEST FOR Planning Commission Action ~~ ~~. ;:~Ouca110n 18("') ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 11, 2005 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005-01 AND CONDITIONAL USE PERMIT NOS. 2005-05, 2005-06 AND 2005-07 FILED BY CALVARY CHAPEL OF COSTA MESA TO AMEND SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ALLOW TRADE SCHOOLS AND PRIVATE RECREATIONAL FACILITIES Prepared by Verny Carvaj al ~}M Executive Dir~or APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~Ianning Manager RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. DISCUSSION Request of Applicant Calvary Chapel of Costa Mesa is requesting approval of several entitlements to allow private recreational fields and two trade schools within the Specific Development No. 58 (SD-58) zoning district at 3000 and 3100 West MacArthur Boulevard. Specifically, the applicant is requesting approval of a zoning ordinance amendment to modify the SD-58 standards to conditionally permit private recreational field and trade schools within the boundaries of the Lake Center proj ect. Further, three conditional use permits, one for each trade school and one for the recreational field, are required. EXHIBIT A 75A-3 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 2 Property Description The Lake Center Business Park is a master planned office and industrial complex consisting of 33 acres of land. The existing business park has been developed as an upscale corporate business center surrounding a centrally located lake. The project site is a 3.5-acre, irregular shaped parcel located along the south side of MacArthur Boulevard between Lake Center Drive and Fairview Street. The proj ect site is improved with an existing six-story, 111,000 square foot office building. The property has 410 on-site parking spaces and a zoning designation of Specific Development No. 58 (SD-58), consistent with its General Plan land use designation of Industrial (IND). Surrounding land uses include industrial warehouses to the north, Calvary Chapel Church to the east, vacant land and commercial offices to the west, and a parking structure and commercial office uses to the south (Exhibits 1 and 2) . Project Description The applicant is requesting approval of a zoning ordinance amendment to allow trade schools and private recreational fields within the Specific Development No. 58 zoning district. If approved, Calvary Chapel proposes to allow two professional trade schools within an existing office building. The Lloyd Anderson Group is leasing a 9,300 square foot tenant space, with the classroom portion occupying approximately 1,501 square feet. The Lloyd Anderson Group is comprised of five corporations specializing in finance and insurance training. The proposed tenant is a California licensed postsecondary vocational educational school specializing in training individuals in automobile finance and insurance management principles. The school will offer courses Monday through Friday from 8:00 a.m. to 5:30 p.m. Further, Hope International University is leasing a 3,900 square foot tenant space, with the classroom portion occupying approximately 2,400 square feet. Hope International University is a specialized professional trade school and accredited institution which offers coursework and instruction for two and four-year degrees in business management and administration. Classes are scheduled year-round in small group format and are offered Monday through Friday, from 8:00 a.m. to 10:30 p.m. 75A-4 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 3 With the addition of the two professional trade schools, the project site will require an additional 88 parking spaces. Parking will be provided on the project site along with additional shared parking available through a reciprocal parking easement between the subject sites and the Calvary Chapel Church to the east. There are no proposed changes to the building exterior or parking lot areas (Exhibits 3, 4 and 5) . Finally, Calvary Chapel proposes to operate the Charis recreational field on a vacant parcel at 3100 West MacArthur Boulevard. The proposed facility will be utilized during the weekday for soccer, flag football, and baseball skills under supervision of volunteer instructors. Charis Field will be primarily utilized by Calvary Chapel High School and Maranatha Christian School, located on the main grounds at 3800 South Fairview Road. The project will include a regulation practice soccer field and practice infield. Various site improvements such as a 15-foot landscaped area along Lake Center Drive and MacArthur Boulevard will buffer the field from the street. In addition, a new six-foot decorative slump stone and wrought iron fence with pilasters will surround the perimeter of the practice field along both streets. The proposed parking area to the north will meet city standards for striping, lighting and landscaping and will be integrated with the adjoining parcel to the west. A drop-off area and vehicle access lane will also be provided along the westerly property line and be accessible from both Susan Street and MacArthur Boulevard. A small utility room and restroom will be located on the adjoining parcel along Susan Street and directly accessible to the proposed field (Exhibits 6, 7 and 8) . Analysis of the Issues Zoning Ordinance Amendment No. 2005-01 proposes to amend the Lake Center Specific Development Plan and allow adult trade schools as a conditionally permitted use. The proposed revision is not significantly different from the adult trade school regulations found within Chapter 41 of the Santa Ana Municipal Code as these uses are conditionally permitted in the Professional (P) zoning district. The specific development district was established for the purpose of protecting and enhancing the value, appearance and orderly development of property. In order to facilitate the proposed professional trade school uses and maintain the existing office and commercial components of the project site, the proposed amendments would be appropriate. Parking requirements for the proposed use would revert back to the existing requirements for trade and professional schools currently found in Chapter 41. 75A-5 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 4 Given that the proposed trade schools are classified as a use permitted in other office districts, the subj ect site is an appropriate location for the use. The applicant intends to occupy a total of 13,200 square feet of area within the existing building. The parking for the project will be directly tied to the specific floor plans submitted. Any future expansion of trade school uses or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re- evaluation of the conditional use permits by the Planning Commission. The property currently meets the City's parking requirements, as the existing site provides 410 parking spaces, with an additional 59 spaces provided through an existing parking agreement for a total of 469 parking spaces. As proposed, the code requires a total of 419 spaces. In conjunction with the proposed amendment, SD-58 will also be revised to conditionally permit private recreational fields. This would allow an outdoor recreational area for community open space. While the future development of the existing vacant site is uncertain, the applicant desires to use the existing site in conjunction with the existing Christian School operated by Calvary Chapel (Exhibit 9). For over 30 years, Calvary Chapel has been operating at the southwest corner of Fairview Road and MacArthur Boulevard. Due to the success of the church and its associated school activities, Calvary Chapel has purchased the vacant site in an effort to expand its programs. This particular site will provide the space and necessary amenities in order to serve as a practice and recreational field for the existing elementary school and high school. To avoid possible impacts associated with the private recreational field use, it is recommended that conditions be attached to the conditional use permit in order to mitigate any negative impacts associated with the operation of the facility. It is not anticipated that the proposed recreational field, in conjunction with the proposed conditions, will create negative impacts to the surrounding commercial or industrial uses. A total of 41 parking spaces have been provided for the project site, in addition to a drop-off area along the northern property line. Although the code does not establish a requirement for outdoor recreational fields, the facility is considered an ancillary use to the church grounds at 3800 South Fairview. In addition, the site will meet all landscaping standards for commercial uses as required per the Specific Development plan. The proposed amendments support the General Plan policies of encouraging commercial development along arterial streets, promoting rehabilitation of commercial properties, and supporting developments that are harmonious 75A-6 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 5 with existing development in the area. Uses such as trade schools, office and open space amenities will further strengthen the City's commercial base, and provide support services and products to the surrounding commercial businesses within the Lake Center Specific Development. Based upon the above analysis, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005 - 06 and Conditional Use Permit No. 2005 - 07 (Exhibits 10, 11, 12, 13, 14 and 15) . CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project. ! 'II. ~ . rJvr Verny CarvajaJ! Associate Planner VF:JM vf/reports/ZOA05-01, cUPs 05-05, 05-06, 05-07.pc 75A-7 M1 M1 . " ) I Al CARRIA E II SEGERSTROM AV, M1 ~ :~. I M1 M1 / "- __....i~t'.....-.......~..!~.....,= --oJ11 ....... " ,I R4 :: IJ II Jy r----------........'---, 1;;/ ~I ''''~ ~~- t RHRO M1 M1 M1 GARR AV A1 GAAR ...V M1 ~ m 0:: o m 0:: <( r M1 A1 80-4 :;; CO_ EASEMENT --ull I I I I I NCAV I I I I M1 R2.PRD /" 50.51 '----- C5 p ) R3 M1 80-74 LAKECE 80-6 p M1/ / R1 M1 ~ I ~ --------~ C i t Y o f C 0 S t a M e s a Al .B C-SM C1 C1-MO C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A 1" = 1000 FEET CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP ZOA 05-1/CUP 05-5/CUP 05-6/CUP 05-7 (SD-58) CALVARY CHAPEL OF COSTA MESA, INC. 3000 & 3100 WEST MAC ARTHUR BLVD. A g{' - = 500 FEET AGE N C Y P LAN N N G AND BU LD EXHIBIT 1 75A-8 N G A <( <( ex: f- VJ :::> Q <: -.J <( () ex: lJ.J ::; ::; o () A cW' lJ.J VJ :::> o J: lJ.J ex: <( fN UST fAL S: () ex: lJ.J ::; ::; U S, POSTAL o CENTER () VACANT LAND AVENUE ( City of Costa Mesa ZOA 05-1/CUP 05-5/CUP 05-6/CUP 05-7 (SD-58) CALVARY CHAPEL OF COSTA MESA, INC. 3000 & 3100 WEST MAC ARTHUR BLVD. PLANNING AND BUILDING AGE N C Y EXHIBIT 2 75A-9 -... ,-"- .-.-... ...." ---.. "......... - .-..-.......... ,... .~...... ...--.....-' ~ -" ---.." )jo,~\ N'oi'\ '/,\ 0000;: 6u~PI~n8 s 1 tado4) ^JO^\O) Ocl: .1!OS 'd'O':) / 001: 81!0S 40JO,588 .po:) o..'\'tv_CO_""",-.oc"'o,,,.-'\1 \Oot. "',,' co-"'''' '-'"..... ...J-""'" -'"'' '0",,"..' 0''''',0'''' ,,3 ce "ILl CUL-Lt!; "W ~ .e. '01'.J.)O,Hl0') ''CV''! 'O:r..t.l~S ...... VI'" ':JU\ 'oQ,woioJ y(jaS6tS\~8\~ttJ~'9 ~ .002 '. ,d" ",,,' .."", .... Vi"" co-.". I co-<Oc, - .0, ~ n ~ niH i 1~ ~i :;; ~ ~ ~ ~ " . . t;~ 'I. 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I i Ii i :~ i ill ,I..J l:l'" i I I e t5~ ~ I:~" ~ )~;I " ~~ ~ ~ a W r ~<[ ~ E~g ! I i: ~ ~ ... I " ~ G I " :> r 11:1 ~ I~~ Vi ~ 'I~~ e I 'Il~~ ~ I~~ ,I"-W I 'I , I I -.-+----~~-------__L 0""':0 t ~ ~ W ~~q g~ ~ d~. ~ ~ N~ru ~w ~~~~~~ ~ ~ ~~g^~~ ~~~~w~ ~ g~~~~~~~ ~ZZ~~a ru =I~~~<J~ ~~~I~~ W .w~~~~~~~ ~~~8C~~G~~=~~~~~~ ~~E~~~~~~~~~:~:~: ~ ~arW~omo+w~~~~~ ~2~Z~a~~uruuz~~~~~~ ~8i8~~~e< ~ u Q U ~ ...; ni 2 (1'l~1dJ..L) } ll'1J1:lS ~ ~ .. '" ~ i e~ ~ ~ ~t; fo ~" 11 ..,. i.1 il ~ "ll i:. ~iii 3 il!~ t5~~Jf 4 OTll.:I SltJVHJ tOlia'6 'OtU..lOJIl'O::> ''01.1\:1 1)~UOS 'P^lQ ...r"lI.tl-"'Y~'OH ',.... 2E:2e: lJdVHJ AtJV^WJ 9La2lG..Ia4.m.j..-........,)a...r.ej .....o-a.. '."1 1Y.l ~1-~ (..., eoz *ltft6 '..... 9(..", ....~.. IIUIC ';)01 ~.mP"'Uq;).ry adeaspu81 X3:.LNV'l: --- ~O-fH-~ ~ :31Va I NVld 31lS 3dV~SaNVl --.-J 0 III , .,. 0 0 (\J c:i Z 0.. <=l , ~ ~ t ' I w : I I-- !! t---i (/) la~J~S .;aI-\J!Oj ci z ~ ...J 0.. '" iJi < '-' u ~ ~ .9:?.;:~ ,< ~ ogu9'zR d:~~ffi~~ 'pAIS JoqJOH ~ " < ~ :;; 'oe; z> ~~ <~ v'" 0< -'~ ~~ <~ ~~ \\~5 ~y /,/ VV / V/ v/ = U I L --.J z " < i~ w ~ " "' ~ ~ ~ 0 ; ~ ~ ~ ~ ~ ~ ~ i 5 ! z I . 0 i ~ ~ " . " ~ ~ ~ ~ 8 w $ i < II 0 " 1 0 ~ ~ ., ~I .~ ;;/ ~ o:~ 0 " . ~" z ~ ~ d w I< C) g ~ ! J ~~ ~ f- ~ . oOUlfB z 0 <( " tt: @ --' > a: Q. "' ~ '" SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - APPLICABILITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subj ect to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 - PURPOSE The Specific Development Plan Number 58 (SD-58), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake Center Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SD-58 specifically establishes for the property the following: . The permitted uses; . Maximum authorized development densities; · Anticipated phasing of on-site development; . Signage provisions; and · Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. 1rl~16 Ob-iectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; 4. Development that is exclusive of noxious fumes, hazardous materials; toxic or 5. Flexibility in development in response to market conditions while achieving overall City community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly and/or research, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as daycare centers, banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, copy centers, postal centers, day care and other similar uses. 75A-s17 2. Restaurants, retail commercial, travel services, commercial uses incidental/accessing to office uses. and other Uses per.mitted subiect to conditional use per.mit: 1. Trade and professional schools. 2. Private recreational fields. SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY The maximum authorized building densities/intensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. SECTION 5 - PHASING PHASE GROSS FLOOR AREA YEAR (SQ. FT. ) l. Building #1 49,040 1990 2. Building #12 56,000 1990-1991 3. Building #11 104,190 1992 4. Building #17 40,000 1992 5. Building #10 160,000 1993 6 . Building #9 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subj ect to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. 75A~18 SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail 1. Building Heights. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on- si te uses and right -of -way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten-foot setback will be provided for uses adjacent to internal roadways. 3. Building Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parking. Parking within the Lake Center Specific Development will be designed to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. 75A~19 a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning Division, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parking Plan/Site Plan. A parking plan submitted for all projects requiring more than ten spaces, unless off-street parking facilities are provided. will be parking already The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off - street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subj ect to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street of off-street parking spaces project area are as follows: Spaces. to be The minimum number provided within the Medical and Dental. space for each 200 whichever is greater. Six spaces square feet for each doctor or one of gross floor area, Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. 75A@20 Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an on-site building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. Trade a!1d professio~.Cl.l schools ".,u...., One u..pJ2ace..~or each ..._1.Q square feet. of classroomu..area, p~usQ~ace for each 333 square.. feet of off~ce flogr art=a. u.p>- passenger loadinq an~ unloading zone spall be proY:Lded for ea,.Gh building used for instru~tiona~purp~?~s. 6. Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plazas and courtyards shall provide a minimum of 30 percent of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. 7 5A~21 a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenuet MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parking Area. In all areas where there is surface parking, the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter t not less than five feet by five feet, including the thickness of the raised curbt shall be required consistent with existing improvements, at a ratio of one planter for each four parking spaces. For every ten parking spacesi each planter will require one 15-gallon size tree, 8 five-gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan. SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC&R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure(s) shall be required to submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit, ultimate street right-of-ways on Lake Street per the approved site plan. dedicate curb returns and Center Drive and Susan 75A,,22 4. Prior to issuance of a Utility Release, complete the following: a. Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR, and as modified in the response to comments portion of the EIR. b. Comply with the requirements of the Development Agreement. 75A~23 Conditional Use Permit No. 2005-05 April 11, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The approval of the Lloyd Anderson Group professional trade school as conditioned will establish a professional trade school facility that will provide necessary training services to the surrounding adult community. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Lloyd Anderson Group professional trade school as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04- 51. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed stability or future the area? use adversely affect the present economic economic development of properties surrounding The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. D. will the proposed use comply with the regulations specified in Chapter 41 of the Santa Ana Municipal use? and condi t ions Code for such The proposed consistent and specified in Development No. professional trade school as conditioned is will comply with all regulations and conditions the Santa Ana Municipal Code and Specific 58 (SD-58) pertaining to such use. 7!ll!2a Conditional Use Permit No. 2005-05 April 11, 2005 Page 2 of 2 E. will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). 75A-25 APRIL 11,2005 PAGE 1 OFl Conditions of Approval Conditional Use Permit No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the proj ect is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. ~l~26 Conditional Use Permit No. 2005-06 April 11, 2005 Page 1 of 2 Findings of Fact A. Wi 11 the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The approval of the professional trade school as conditioned will establish an additional accredited University that will provide necessary training services and educational opportunities the surrounding community. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? Hope International University as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04-51. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. D. Will the proposed use comply with the regulations specified in Chapter 41 of the Santa Ana Municipal use? and condi t ions Code for such The proposed consistent and specified in Development No. professional trade school as conditioned is will comply with all regulations and conditions the Santa Ana Municipal Code and Specific 58 (SD-58) pertaining to such use. 7!~~T2tt Conditional Use Permit No. 2005-06 April 11, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). 75A-28 APRIL 11,2005 PAGE 1 OFl Conditions of Approval Conditional Use Permit No. 2005-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. EXHIBIT 13 75A-29 Conditional Use Permit No. 2005-07 April 11, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The Charis Recreational Field will provide a service to the area by providing the resources students need to increase their physical competence. The proj ect will provide the space and amenities needed to introduce a practice field for the school sports programs. The additional landscape improvements and decorative fencing will contribute to the need for open space and provide visual relief from a previously vacant site. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed private recreational facility will not be detrimental to the welfare of persons in the area, as the proj ect will provide a supportive environment for children of the Calvary Chapel School. These services will increase the safety and welfare of children in the community. C. Will the proposed stability or future the area? use adversely affect the present economic economic development of properties surrounding The project will help the stability and future economic development of the area through the additional landscaping, fencing and visual improvements to an otherwise vacant site. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proj ect will comply with all applicable city codes and standards pertaining to the recreational field use. EXHIBIT 14 75A-30 Conditional Use Permit No. 2005-07 April 11, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a private recreational practice field will have no affect on the City's General Plan. Private recreational fields are permitted subject to conditional use permit within the Specific Development No. 58 (SD-58) zoning district. 75A-31 APRIL 11, 2005 PAGE tOFt Conditions for Approval Conditional Use Permit No. 2005-07 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. Comply with Development Review Committee comments dated July 1, 2004 for Site Plan Review DP No. 04-50. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Golf range style nets shall be installed along Lake Center Drive to prevent balls and other objects from entering the street or causing damage to nearby structures. 4. All lighting shall be designed and installed to direct, shield, and confine direct rays of light to within the boundaries of the development site. Lighting shall not glare onto or direct exposed lights onto adjacent properties. 5. Provide a minimum of 41 parking spaces. All stalls shall be double striped and shall not encroach into required landscape areas. 6. The conditional use permit shall be reviewed at 90 days, six months, and annually thereafter by the Planning Division in order to determine compliance with the above conditions or for any modification to the conditions of approval. EXHIBIT 15 75A-32 ORDINANCE NO. NS-2684 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SO-58) (ZOA NO. 2005-01) THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Zoning Ordinance Amendment No. 2005-01 has been filed with the City of Santa Ana to amend the Specific Development No. 58 (SD- 58) to modify the SO-58 standards to conditionally permit private recreational field and trade schools within the boundaries of the lake Center project. B. On October 15, 1990, the City Council created Specific Development No. 58 (NS-2089). C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. E. Zoning Ordinance Amendment No. 2005-01 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Encourage the location of commercial centers at arterial roadway intersections in commercial districts. (Policy 1.9) 2. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. (Policy 2.7) Ordinance No. NS- XXX Page 1 of 3 75A-33 3. Support new development which is harmonious in scale and character with existing development in the area. (Policy 2.9) F. Zoning Ordinance Amendment No. 2005-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. G. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project. Section 2. Specific Development No. 58 (SO-58) is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of May, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney Ordinance No. NS- XXX Page 2 of 3 75A-34 AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2684 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- XXX Page 3 of 3 75A-35 SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - APPLICABILITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 - PURPOSE The Specific Development Plan Number 58 (SO-58), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake Center Specific Development Plan SO-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SO-58 specifically establishes for the property the following: . The permitted uses; · Maximum authorized development densities; · Anticipated phasing of on-site development; · Signage provisions; and · Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. Exhibit "A" Page 1 of 8 75A-36 Obiectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; 4. Development that is exclusive of noxious fumes, toxic or hazardous materials; 5. Flexibility in development in response to market conditions while achieving overall City community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly and/or research, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as daycare centers, banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, copy centers, postal centers, day care and other similar uses. Exhibit" A" Page 2 of 8 75A-37 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit: 1. Trade and professional schools. 2. Private recreational fields. SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY The maximum authorized building densities/intensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. SECTION 5 - PHASING PHASE GROSS FLOOR YEAR AREA (SQ. FT.) 1 . Building #1 49,040 1990 2. Building #12 56,000 1990-1991 3. Building #11 104,190 1992 4. Building #17 40,000 1992 5. Building #10 160,000 1993 6. Building #9 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be Exhibit" A" Page 3 of 8 75A-38 on file with the Santa Ana Planning Division. SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail 1. Buildinq Heiqhts. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on-site uses and right-of-way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten-foot setback will be provided for uses adjacent to internal roadways. 3. Buildinq Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coveraqe. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parkinq, Parking within the Lake Center Specific Development will be designed to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. Exhibit "A" Page 4 of 8 75A-39 a. Location of ParkinQ. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning Division, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of ParkinQ. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parkinq Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off- street parking facilities are already provided. The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off-street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street Spaces. The minimum number of off-street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. Exhibit "A" Page 5 of 8 75A-40 Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an on-site building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenqer loadinq and unloadinq zone shall be provided for each buildinq used for instructional purposes. 6. Landscapinq Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plazas and courtyards shall provide a minimum of 30 percent of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. Exhibit "A" Page 6 of 8 75A-41 a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parkinq Area. In all areas where there is surface parking, the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter, not less than five feet by five feet, including the thickness of the raised curb, shall be required consistent with existing improvements, at a ratio of one planter for each four parking spaces. For every ten parking spaces; each planter will require one 15-gallon size tree, 8 five-gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan. SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC&R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure(s) shall be required to submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit, dedicate curb returns and ultimate street right-of-ways on Lake Center Drive and Susan Street per the approved site plan. 4. Prior to issuance of a Utility Release, complete the following: Exhibit "A" Page 7 of 8 75A-42 a. Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR, and as modified in the response to comments portion of the EIR. b. Comply with the requirements of the Development Agreement. Exhibit "A" Page 8 of 8 75A-43 KO-04/26/05 RESOLUTION NO. 2005-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-05 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 300; APPROVING CONDITIONAL USE PERMIT NO. 2005-06 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 320; AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07 AS CONDITIONED TO ALLOW A PRIVATE RECREATIONAL FIELD AT 3100 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300; Conditional Use Permit No. 2005-06 to allow a Trade school at 3000 West MacArthur Boulevard, Suite 320; and Conditional Use Permit No. 2005-07 to allow a private recreational field at 3100 West MacArthur Boulevard. B. Applicant also filed Zoning Ordinance Amendment No. 2005-01 with the City of Santa Ana seeking to amend the Specific Development No. 58 (SD-58) to modify the SD-58 standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center project. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01 . 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 75A-44 Resolution No. 2005- Page 1 of 6 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. E. Applicant has requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300. Specific Development No. 58 (SO-58) allows a trade and professional school subject to the approval of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1 . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the Lloyd Anderson Group professional trade school as conditioned will establish a professional trade school facility that will provide necessary training services to the surrounding adult community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Lloyd Anderson Group professional trade school as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional 75A-45 Resolution No. 2005- Page 2 of 6 trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (INO). F. Applicant has requested approval of Conditional Use Permit No. 2005-06 to allow a trade school at 3000 West MacArthur Boulevard, Suite 310. Specific Development No. 58 (SO-58) allows a trade and professional school subject to the approval of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the professional trade school as conditioned will establish an additional accredited University that will provide necessary training services and educational opportunities the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? Hope International University as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in OP No. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 75A-46 Resolution No. 2005- Page 3 of 6 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (INO). G. Applicant has requested approval of Conditional Use Permit No. 2005-07 to allow a trade school at 3100 West MacArthur Boulevard. Specific Development No. 58 (SO-58) allows private recreational fields subject to the approval of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The Charis Recreational Field will provide a service to the area by providing the resources students need to increase their physical competence. The project will provide the space and amenities needed to introduce a practice field for the school sports programs. The additional landscape improvements and decorative fencing will contribute to the need for open space and provide visual relief from a previously vacant site. Resolution No. 2005- Page 4 of 6 75A-47 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed private recreational facility will not be detrimental to the welfare of persons in the area, as the project will provide a supportive environment for children of the Calvary Chapel School. These services will increase the safety and welfare of children in the community. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will help the stability and future economic development of the area through the additional landscaping, fencing and visual improvements to an otherwise vacant site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will comply with all applicable city codes and standards pertaining to the recreational field use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a private recreational practice field will have no affect on the City's General Plan. Private recreational fields are permitted subject to conditional use permit within the Specific Development No. 58 (SO-58) zoning district. H. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project Section 2. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2005-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Conditional Use Permit No. 2005-06 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Conditional Use Permit No. 2005-07 as conditioned in Exhibit "C" attached hereto and incorporated herein. 75A-48 Resolution No. 2005- Page 5 of 6 These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated May 2,2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall not be effective unless and until Ordinance No. NS-2684 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of May, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-49 Resolution No. 2005- Page 6 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-046 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-50 Resolution No. 2005- Page 7 of 6 Conditions for Approval for Conditional Use Permit No. 2005-05 Conditional Use Permit No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Exhibit "A" 75A-51 Conditions for Approval for Conditional Use Permit No. 2005-06 Conditional Use Permit No. 2005-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Exhibit "B" 75A-52 Conditions for Approval for Conditional Use Permit No. 2005-07 Conditional Use Permit No. 2005-07 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planninq Division 1 . Comply with Development Review Committee comments dated July 1, 2004 for Site Plan Review DP No. 04-50. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Netting shall be installed along Lake Center Drive to prevent objects from entering the street or causing damage to nearby structures. Netting placement, material, and design shall be submitted and approved by the Planning Manager. 4. All lighting shall be designed and installed to direct, shield, and confine direct rays of light to within the boundaries of the development site. Lighting shall not glare onto or direct exposed lights onto adjacent properties. 5. Provide a minimum of 41 parking spaces. All stalls shall be double striped and shall not encroach into required landscape areas. 6. The conditional use permit shall be reviewed at 90 days, six months, and annually thereafter by the Planning Division in order to determine compliance with the above conditions or for any modification to the conditions of approval. Exhibit "C" 75A-53 75A-54 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 << TITLE: PUBLIC HEARING - APPEAL NO. 2005-02 (VARIANCE NO. 2004-18) TO REDUCE THE REQUIRED ON-SITE PARKING FOR FAMSA AT 419 EAST FIRST STREET - REGENCY CENTERS, APPLICANT f2Aa~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO -- FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2005-02. 2. Adopt a resolution denying Variance No. 2004-18. PLANNING COMMISSION ACTION On February 28, 2005, the Planning Commission denied Variance No. 2004-18 by a vote of 7:0 to reduce the required on-site parking for the expansion of FAMSA Department Store located in the General Commercial (C2) and Arterial Commercial (C5) zoning districts at 419 East First Street (Exhibit A) . DISCUSSION On February 14, 2005, the Planning Commission held a public hearing and received public testimony on the variance request. Concerns with the general lack of maintenance of the center, which included trash accumulation on the site, buildings in need of repainting, and substandard and missing landscape material were raised. In addition, the Commission noted that the recommended conditions of approval included the correction of several items that were code violations, such as the removal of an illegal sign, the repair of paving and the re-striping of the parking lot. Finally, the Commission observed that the center's design restricted customers' access to all parking areas; a design limitation was not taken into consideration in the shared parking analysis. The Commission noted that while the rear employee parking lot may be underutilized as described in the parking study, the customer parking area in the front of the commercial center was severely impacted, as confirmed by the applicant. 758-1 Appeal No. 2005-02 (Variance No. 2004-18) May 2, 2005 Page 2 The Commission expressed serious reservations about the expansion of the center since the applicant was unable to maintain the center in good repair and lacked control of the parking lot by allowing other the use of the lot. As a result, the Commission concluded that the proposed building expansion would exacerbate the existing lack of parking and voted to deny the variance request. Subsequently, an appeal application was filed by Regency Centers on March 9, 2005 (Exhibit B). A notice of violation to correct illegal conditions on the center was issued on March 14, 2005 (Exhibit C) . FISCAL IMPACT There is no fiscal impact associated with this action. st!it:-!~~ng Executive Director Planning & Building Agency LL:rb 11\reports\PC&ZA\va04-18.cc-appea1 758-2 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: FEBRUARY 28, 2005 PLANNING COMMISSION SECRETARY TITLE: FILED BY REGENCY CENTERS FOR VARIANCE NO. 2004-18 TO REDUCE THE REQUIRED ON-SITE PARKING FOR FAMSA AT 419 EAST FIRST STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus 4ft ~?c~ ~irector ~nning Manager RECOMMENDED ACTION Deny Variance No. 2004-18. DISCUSSION Request of Applicant Regency Centers is requesting a variance from the Santa Ana Municipal Code (SAMC) to reduce the required number of on-site parking stalls for the proposed expansion of FAMSA, a retail establishment located in the Santa Ana Downtown Plaza at 419 East First Street. Property Description The project site is an existing 100/305 square foot multi-tenant commercial center. The center is an 8.27 acre, rectangular shaped parcel of land that has street frontage on First, Spurgeon and Third Streets. The center consists of six attached buildings in an L configuration that face First and Spurgeon Streets/ and two freestanding restaurant buildings adjacent to First Street. The site is fully landscaped and has 509 on- site parking spaces in two non-integrated parking areas. The parking area on the front of the lot, facing First Street, serves the center's customers as all buildings have their primary entrances oriented towards this parking area. The parking at the rear of the lot, facing Third Street, serves employees since the loading area, trash enclosures and secondary entrances are located at the rear of the building. EXHIBIT A 758-3 Variance No. 2004-18 February 28, 2005 Page 2 The zoning designation for the site is General Commercial (C2) Third Street and Arterial Commercial (C5) facing First Street. General Plan land use designation is General Commercial (GC) with a area ratio of 0.5. facing The floor Surrounding land uses include retail uses to the family residential and commercial uses to the residential uses to the north (Exhibits 1 and 2) . west and south; single- east; and multi-family Project Description The applicant is proposing to construct a 3,881 square foot, single story addition to the rear of a 23,373 square foot attached building within the 100,305 square foot Santa Ana Downtown Plaza. The building is currently occupied by FAMSA, an international department store that sells furniture, appliances, electronics and gift items. The existing Floor Area Ratio (FAR) for the center is 0.28. With the addition, the FAR will be 0.29 (Exhibits 3, 4 and 5). The applicant also proposed to re-stripe the existing parking lot, replace deteriorated or missing landscaping and remove an illegal monument sign. Architecturally, the applicant proposes an addition that will match elements of the existing building, including the height, exterior finish and decorative tile detailing. Analysis of the Issues The Santa Ana Downtown Plaza, built in 1986, is a mixed-use center that includes several restaurants, medical offices and a variety of retail and service uses. At the time of construction, the center complied with the applicable development standards and exceeded the number of parking spaces required. Due to the City's periodic amendment of its code, the center is non-conforming as it no longer complies with the current parking, setbacks, landscape and sign standards. The Santa Ana Municipal Code (SAMC) allows the expansion of non- conforming buildings when the total floor area of the proposed expansion does not exceed 10 percent of the existing building. Since the proposed addition is 3.9 percent of the existing building area, it is within the allowance for expansion of a non-conforming building. In the case of rehabilitation or expansion of a non-conforming building of less 758-4 Variance No. 2004-18 February 28, 2005 Page 3 than 10 percent, the code requires that signage on the building and the site must be brought into conformity, that landscape be improved to bring the site closer into compliance with current landscape requirements, and that parking be provided for the building addition at the current parking rate. Based on a site visit and review of City permits, it was determined that the building wall signs for the tenant comply with current code. However, an illegal monument sign on the site was noted, which the applicant is required to remove and will remove prior to the issuance of any building permit. In addition, the applicant will replace all missing plant material and repair all irrigation systems on the existing landscape planters as noted on the site plan to bring the site closer into compliance with the current standards. The proposed addition will occur on an existing parking area between the retail building and Third Street, displacing a total of 24 parking stalls. Using current standards, the proposed addition would require an additional 19 parking stalls. Including the number of stalls displaced by the expansion, a total of 43 parking stalls would be needed. The applicant proposes to reconfigure the rear parking area to create 20 new parking stalls. Therefore, under the current standards, the net parking deficiency generated by the proposed proj ect will be 23 stalls. The center, which has legal non-conforming parking of 509 on-site parking spaces, will be reduced to 505 parking spaces after the proposed addition. The applicant cannot comply with the requirement to meet current parking standards and is requesting a variance for a reduction in required parking stalls. The table below summarizes and compares the existing and proposed parking conditions for the center. Santa Ana Downtown Plaza Parking Analysis Required Parking Provided Deficiency Per Code Parking (Percent) Proposed 587 505 14.1 Existing 568 509 10.3 Net Change 23 -4 3.8 758-5 Variance No. 2004-18 February 28, 2005 Page 4 In order to analyze whether or not the existing parking count would be adequate to support the proposed expansiont a parking analysis was prepared by Linscott, Law & Greenspan Engineers t a traffic engineering firm, for the proj ect. The Shared Parking Analysis for the Downtown Santa Ana Plaza provides an analysis of the parking demand based on the different acti vi ty patterns and uses wi thin the center. The study reviews the City's parking requirement for mixed-use centers and proposes an alternative parking requirement based on the actual parking usage observed. Two methodologies were used while conducting the parking analysis. The first methodology used was based on the Urban Land Institute's (ULI) shared parking concept. The second method analyzed parking lot usage based on actual counts for the existing land uses, then compared this with what would be required for the building and proposed addition based on the city's code requirement. The study using the Urban Land Institutets (ULI) shared parking methodology concluded that there was insufficient on-site parking available to serve the proposed FAMSA expansion. However, the actual parking lot count for the existing center concluded that sufficient parking was provided to meet the peak parking demands of the shopping center (Exhibit 6). The study found that during times of peak use, the existing parking supply was parked at only 59 percent of the available capacity. Therefore, it concluded that the proposed 505 parking stalls available at the shopping center will be sufficient to accommodate future parking demand, since the peak parking demand of the center with the addition is forecasted at 352 spaces, providing a parking surplus of 153 spaces. The Planning Commission held a public hearing on February 14t 2005 and received public testimony on the variance request. Concerns about the general lack of maintenance of the centert which included trash accumulation on the site, buildings in need of paint, and substandard and missing landscape materialt were raised. In additiont the Commission noted that the recommended conditions of approval included the correction of several items that were code violations, such as removal of an illegal sign and the repair of paving and re-striping of the parking lot. The Commission expressed serious reservations about the expansion of the center since the applicant was unable to maintain the center in good repair. Finally, the Commission observed that the center had non-integrated parkingt which restricted the customers' access to all parking areas by design. This particular design limitation was not taken into consideration in the shared parking analysis. Therefore, it concluded that while the rear employee parking lot may be underutilized as described in the parking study, the customer 758-6 Variance No. 2004-18 February 28/ 2005 Page 5 parking area in the front of the The Commission concluded that exacerbate the existing lack of request. commercial center was severely impacted. the proposed building expansion would parking and voted to deny the variance Based upon the concerns raised at the public hearing and the project's lack of compatibility with the City/s General Plan goal to promote development which enhances the quality of life/ staff recommends denial of Variance No. 2004-18 (Exhibit 7). CEQA Compliance In accordance with the California Environmental recommended action is not considered a CEQA environmental documentation is required. Quality Act (CEQA), the proj ect . Therefore no II LL:JM 11\reportS\PC&ZA\va04-18.022805.pc 758-7 jffi~ ' R2 D P P P P Bm~ P 0 o Ml R3 M2 0 '" H ST 3~ 0 ) o ""~ :: R1 WA~:HAM AV ~~ 0 I R1 I I Rll1 M111M11 M1 c A1 -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP ~a- ~ VA 04-18 FAMSA 419 EAST FIRST STREET A 8Y' - = 500 FEET l' = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 758-8 N G AGE N C Y I- C 0 M W W a:: I- en C 0 M M THIRD I- COM ERCIAL W W a:: I- en VACANT <( U ex: LlJ :::;; Z 0 u 0 W J: CJ COMMERCIAL a:: en ::::> ::::> lD a. COMM R C I A L en FIRST .... .... .... .,.: s <( <( u en i u u ex: en LlJ en LlJ u :::;; W :::;; :::;; a:: :::;; a. 0 > 0 u 0 u ~ ~~ L CONDOMINIUMS C I A L A L STREET SI NGL 1- F A.MI Y ESI DE^ T1A P R 0 J E C T SI fv G L F MI Y ESI [JEN TIA SECOND ST. S r T E L C 0 MME R C I 1 COMMERCIAL C 0 MM ER I L STREET .... .,.: .... .,.: .,.: <( <( en en en COMMERCIAL U U W SCHOOL lJJ CJ LlJ W :::;; Z ...J ~ :::;; <C :::;; a. ~~ 0 a:: 0 <C 0 u ~ VA 04-18 FAMSA 419 EAST FIRST STREET A .g.(' P LAN N N G AGE N C Y AND B U L D N G EXHIBIT 2 758-9 i@ ~ 't I lJ! ~ t , I I , I , I , I , I I , I , I I , r;::--~- ----, ! m ~I 'i~. W ~ i! :ij~~ ~5-~--- ! I!~~i. ! 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I M.J L~ _l [ ! :~~~~.!Ii · & '.;;]' . ~~~~f\\\\\\\\\\\~ ~ ~~ i ~ E. e U ~i ,~ ~ ~ . ,;'" lj', .-... ..-!i w '- t5 i= ~ ~ ~ ~ ~ ~ '" SJ '):i! i: -l/JJ) 01 (]Ij <'Iv 1.S . p ~.. \ IL F:i~ t - ~~ ~!! ~ I u~i ~I~~ ~ ~nl I ~ . Ut ij I-~~ i~!ii ~~ 5 ~ HH 5~2u)i~~ ~i~ ~ HH ~I a ! ! = = , ~ ~ : m IS~I!~~~ h ~ ~ rIl ~ ~ i~ ~U rIl~ ~-a..!3 ~;;1l;~8 ~"'~!::~ !l~i1Gl"" 1~1l!:::S III! ..66 II "<l~~ "I . tuClCl lUg) ~ = ~ ;; ~a Ii g;; ~I if ~ ~ ft N ~~I .... L::>. i () IL :z: ----@ I ~ u ~_J ~U ~_J fQ!~-, C:J I i~ I r'=-I'" r'=-~ c", r'=-IE~-, iPc=~ 1 ___ 1_ I I I -j--}Rf;::J €~s E~3 'Es E~3 E~j E~3 ![=J r-I-' I r-I-' r-}l-' IOu L_ __J L_ __J L_ __J :b[~, C:J [:J I [::I [:] [:JI C:J : I I _J C=:J I I I I _ t6'I I~ I I I -@ ~ -----@ I --- ------t---------r---- I I I : - -----e I I 1 - ----@ VA 04-18 "8:r'1 ~ ~ S',L:J:g [' ,lIII) o fa .) (Iff! j L...\" . ~ II ~i~H~OtOi ~IIQII""" ;~ ]i~ !&~!h Ili~~.ii II ~~ ~u 1 ~ :~ I~ ';J~II I ~ I p ~.. ~ f:t~ ~ I ~~ ~I~ a I~\S ~ ~ ~ !9~ ~ ~~ . ~I ~ ~ '~~.n~il~ ~i~ :1 i i~~il~!~ " ~ ~ h I1ATOI ue: (B) ai l t! I J I I I I € I I I I I I I I I '\ \ J I .1 it I I ~ ~~ €~ i!: I t! ~ i , ~ ~ ~ i~ . ! II ~ ~ ~ H ,I i "I 8~ " ! i I; t -! "i -II I!. !i - ~ ~~ ~ h ~~ i !. J'f li ~ ~ I- !' to '\ .1 il ii €i ~ '. e~ I t! ~ l t! ! VA 04-18 ! ~5'8t.. 2 ~ It al"llO.1."'" February 9, 2005 Mr. Enrique Legaspi, Vice President Regency Centers 555 South Flower Street, Suite 3500 Los Angeles, CA 90071 LLG Reference No. 2.04.2591.1 Subject: Updated Shared Parking Analysis for the Proposed Famsa Expansion Project at Santa Ana Downtown Plaza Santa Ana, California Dear Mr. Legaspi: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Shared Parking Analysis for the proposed Famsa Expansion project, located within Santa Ana Downtown Plaza in the City of Santa Ana, California. Santa Ana Downtown Plaza is an existing mixed-use center, currently occupied with a variety of retail, restaurant, and office uses. Famsa, an existing furniture and appliance retail store, will be expanded by 3,881 SF for an overall building size of 27,256 SF. At completion of the proposed expansion project, a total on-site parking supply of 505 spaces will be provided. This report evaluates the parking demands of the existing and proposed land uses at Santa Ana Downtown Plaza. The parking analysis evaluates the project's parking requirements based on current City of Santa Ana zoning codes, the methodology outlined in Urban Land Institute's (ULI) Shared Parking guidelines, and existing parking surveys. Briefly, Santa Ana Downtown Plaza is forecast to have a parking deficiency based on a parking analysis per City parking codes and ULI's theoretical shared parking methodology. However, these methodologies do not necessarily reflect actual and realistic parking conditions at Santa Ana Downtown Plaza. As such, a shared analysis based on actual parking surveys at the project site was prepared and indicates that the proposed Famsa expansion project will not adversely impact the parking conditions at Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. VA 04-18 ~~~ Engineers 8. Planners Traffic Transportation Parking Unscott, Law 8. Greenspan. Engineers 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1587 T 714,641.0139 F www.llgengineers.com Pasadena Costa Mesa San Diego Las Vegas Philip M, Linscott, PE 11924-20001 Jack M, Greenspan, PE William A. law, PE (Rot I Paul W. Wilkinson, PE John P. Keating, PE David S, Shender, PE John A, Boarman, PE Clare M, look-Jaeger, PE Richard E, Barretto, PE An LG2WB Company Foundad 1966 Mr. Enrique Legaspi February 9, 2005 Page 2 PROJECT LOCATION AND DESCRIPTION Santa Ana Downtown Plaza is located at 421 East First Street in the City of Santa Ana, California. The project site is bound by East First Street to the south, Spurgeon Street to the west, Third Street to the north, and the terminus of Second Street to the east. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the project and depicts the surrounding street system. Table 1, located at the rear of this letter report following the Figures, presents the existing and proposed development totals for Santa Ana Downtown Plaza. Table 1 also summarizes the hours of operation for all existing and proposed land uses. As shown in Table 1, the 102,046 SF existing mixed-use center includes Food 4 Less, Famsa, McDonald's, Taco Bell, and a variety of retail, restaurant, and office uses. Please note that of the 102,046 SF that exists, 101,071 SF is currently occupied (a 975 SF suite designated for retail use is vacant). Famsa proposes to expand by 3,881 SF for an overall total building size of27,256 SF. With all other existing uses remaining the same, the mixed-use center will have a total building size of 105,927 SF. Figure 2 presents the proposed site plan for Santa Ana Downtown Plaza, which illustrates the proposed Famsa expansion. Review of this site plan indicates that at the completion of the proposed Famsa expansion, the project site will provide a total of 505 parking spaces via an on-site surface parking lot. Vehicular access to Santa Ana Downtown Plaza is provided via two driveways on First Street (i.e., one signalized, one unsignalized), one unsignalized driveway on Spurgeon Street, and three unsignalized driveways on Third Street. Please note that all project driveways provide full access (i.e., left-turns in and out, as well as right- turns in and out). P ARKlNG SUPPLY-DEMAND ANALYSIS This parking analysis for the Famsa expansion project involves determining the expected parking needs, based on the size and type of proposed development components, versus the proposed parking supply. In general, there are two methods that can be used to estimate the site's peak parking demands. These methods include: 1\. -\250i}".21)42591\Report\259i Fam:w. Expamion 'hared Parking l\nalysls 02-{I9-o1cSB..,-e 14 Mr. Enrique Legaspi February 9, 2005 Page 3 1. application of City code requirements (which typically treat each use in the mixed-use center as a "stand alone" use at maximum demand); and 2. application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each land use component varies by time of day, day of week, and/or month of year). The shared parking methodology is certainly applicable to Santa Ana Downtown Plaza, as the individual land uses (i.e., retail, restaurant, and office uses) experience peak demands at different times ofthe day. PARKING CODE REQUIREMENTS To determine the number of parking spaces required to support the parking needs of the existing and proposed uses at Santa Ana Downtown Plaza, parking demand was first calculated using the City of Santa Ana Zoning Code. As mentioned previously, City parking code requirements typically treat each individual use in the commercial center as a "stand alone" use at maximum demand, as opposed to an integrated part of the commercial center. The City of Santa Ana specifies a parking ratio of 5 spaces per 1,000 SF of retail/commercial uses, 6 spaces per 1,000 SF for medical office uses, and 10 spaces per 1,000 SF for restaurant uses. Table 2 summarizes the parking requirements for the existing and proposed uses at Santa Ana Downtown Plaza using the above parking code ratios. As shown, direct application of City parking ratios to the proposed development plan results in a total parking requirement of 596 parking spaces. With a proposed on-site parking supply of 505 parking spaces, a theoretical parking deficiency of 91 spaces is forecast. However, as previously mentioned, there is an opportunity to share parking spaces based on the utilization profile of each land use component. The following section calculates the parking requirements of the proposed project based on the shared parking methodology approach. THEORETICAL SHARED PARKING ANALYSIS In order to better forecast the future parking demand for Santa Ana Downtown Plaza, a theoretical shared parking analysis was prepared. Due to the unique characteristics of the project's mixed-use development, opportunities for shared parking can be expected. N \25(Jj),-2(4~5(n\Report\2591 Fam:ia Expan:--ion Shared Parking Anahs.is 02-09-o7c5Bm 1 5 Mr. Enrique Legaspi February 9, 2005 Page 4 The objective of this shared parking analysis is to forecast the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Experience indicates that combining different land uses whose parking demands peak at different times (of the day or week) generally result in a parking demand that is significantly lower than the summation of individual peak demand factors or City parking code requirement for each use. According to the ULI's Shared Parking publication, shared parking is defined as parking space that can be used to serve two or more individual land uses without conflict or encroachment. Given that restaurant/food uses have peak periods (afternoons and evenings) that differ from retail uses (early afternoons), it is appropriate to utilize the shared parking concept to forecast the overall parking demand for the site. The ULI Shared Parking publication provides hourly parking accumulation rates for retail, restaurant, and office uses, expressed as a percentage of the peak demand for the day. For retail uses, peak demand occurs between 12:00-2:00 PM on weekdays and between 2:00-4:00 PM on Saturdays. The hourly factors shown for retail uses are taken directly from ULI. The retail demand profile was applied to retail uses, as well as the Farnsa furniture and appliance retail store. According to the UII Shared Parking publication, restaurant uses are shown to experience peak demands between 7:00-10:00 PM for both weekday and Saturday. The restaurant demand profile was applied to all of the restaurant land uses (i.e., fast- food and dine-in restaurants). For office uses, peak demand occurs between 10:00 AM-12:00 PM on weekdays and is minimal on Saturdays. However, given that some business offices may potentially be fully operational on the weekends, the weekday general office parking utilization profile was applied to the weekend business office use. The office parking demand profile was applied to medical office uses. Tables 3 and 4 present the Weekday and Weekend Shared Parking Analysis for the proposed project, respectively. The weekday and weekend shared parking demand analyses are based on the ULI shared parking methodology. City parking ratios, as presented in Table 2, were utilized to calculate the base peak parking demand to which the hourly factors were applied. As shown in Tables 3 and 4, the hourly variation in total parking demand for a weekday and weekend day is identified. Only a few hours of each day are shown to experience peak demand levels. For a typical weekday, the peak parking demand is forecast to occur at 1 :00 PM with a demand of 533 spaces (Table 3). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of 28 spaces. 'N \25(11)"21)4:'591\Uepon\2591 bm~::t ExpamlOn Shared Parking ,'\nalysis. o~-o9-o1c58 '61 6 Mr. Enrique Legaspi February 9, 2005 Page 5 For a weekend day, Santa Ana Downtown Plaza is forecast to experience a peak parking demand at 2:00 PM with a demand of 525 spaces (Table 4). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of 20 spaces. Based on the theoretical shared parking analysis, Santa Ana Downtown Plaza will have parking deficiencies at 1 :00 PM and 7:00 PM on a weekday, and 2:00 PM and 3:00 PM on a weekend day. It should be noted that these parking deficiencies are based on generic parking utilization profiles not specific to the project site. As shown in Table 1, a few of the existing tenants close at or prior to 7 :00 PM on a weekday or are closed on Saturday and/or Sunday. As such, the theoretical shared parking demand forecast for a typical weekday and weekend day may be too conservative and not representative of actual conditions at the Santa Ana Downtown Plaza. Therefore, an additional shared parking analysis for Santa Ana Downtown Plaza was prepared based on actual parking surveys at the project site to determine realistic parking demands. The findings of this analysis are presented in the following sections of this report. PARKING SURVEYS To determine the current parking demand characteristics of the existing uses at Santa Ana Downtown Plaza, parking surveys were conducted by Transportation Studies, Inc. (TSI) on a "typical" weekday and weekend. The parking surveys, which were performed at one-hour intervals between 8:00 AM and 10:00 PM and consisted of counting the number of parked vehicles within the on-site surface lot, were conducted on Thursday, August 26,2004 and Saturday, August 28, 2004. Please note that only one suite (designated for retail use) was vacant on the days that the parking surveys were conducted. However, all of the current tenants were in full operation on these same days. The results of both weekday and weekend parking surveys are summarized in Table 5. This table presents the parking demands at the study site for each hour of the count day and the corresponding percent utilization. As shown in Table 5, the project site experienced a peak parking demand of 255 spaces (50% utilization) at 12:00 PM on the weekday. During a weekend day, the project site experienced a peak parking demand of298 spaces (59% utilization) at 2:00 PM. 1-. \2)(""2'H~5"J\Rep0n\~59] bm" Expan,ion Shared Parking "naly'" 0:-09-0156 -wfI 7 Mr. Enrique Legaspi February 9, 2005 Page 6 Please note that based on general traffic engineering principles, a parking utilization of 90% or greater is considered the threshold at which drivers begin to experience difficulties in finding a place to park. As presented in Table 5, the project site experienced parking demands significantly less than 90% of the parking supply throughout the two survey days. Appendix A contains the detailed parking survey data count sheets. SHARED PARKING ANALYSIS (BASED ON PARKING SURVEYS) In order to accurately forecast the future parking demand for the Santa Ana Downtown Plaza project and validate the theoretical shared parking analysis, the shared parking methodology was utilized in combination with the actual on-site parking surveys. Tables 6 and 7 present the Weekday and Weekend Shared Parking Analysis that includes data obtained from the parking surveys. As shown in these two tables, the existing parking surveys are presented in column 1. Please note that a ten percent (10%) contingency factor was applied to the existing parking survey data to allow for daily variations and/or fluctuations in existing parking demand and to allow for future potential changes in the existing tenants. This contingency factor is presented in the second column of Tables 6 and 7. The third column of Tables 6 and 7 present the shared parking demands of the currently vacant 975 SF suite that is designated for retail use. The fourth column of Tables 6 and 7 present the forecast hourly parking demands of the proposed Famsa expansion project based on City parking codes and ULI's shared parking utilization profiles for a furniture store. As shown in Table 6, the weekday peak parking demand is forecast to occur during the 12:00 PM with a demand of 303 spaces. With a parking supply of 505 spaces, a parking surplus of 202 spaces is forecast during the center's peak parking demand time period. As shown in Table 7, the project site is forecast to experience a weekend peak parking demand at 2:00 PM with 352 spaces. With a parking supply of 505 spaces, the site is forecast to provide a parking surplus of 153 spaces. "".2)nly..zI)..c591"'Rl"pOll\~59i FamsJ Expamion Share.d Parking .\nalYSIS02~(}9-0T5St618 Mr. Emique Legaspi February 9, 2005 Page 7 Given the results of the shared parking analysis based on actual parking surveys, the on-site parking supply will be sufficient to accommodate the proposed Famsa expansion project on both the weekday and weekend day. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Santa Ana Downtown Plaza is an existing 102,046 SF mixed-use development, consisting of a variety of retail, office, and restaurant uses. Famsa, a furniture and appliance retail store, proposes to expand by 3,881 SF for overall building size of 27,256 SF. With this expansion project, Santa Ana Downtown Plaza will have a total building area of 105,927 SF. 2. The project site proposes to provide a total on-site parking supply of 505 spaces. 3. Direct application of City parking codes to the existing and proposed uses at Santa Ana Downtown Plaza results in a total parking requirement of 596 parking spaces. With an on-site parking supply of 505 spaces, a parking deficiency of 91 spaces is anticipated. 4. The Theoretical Shared Parking Analysis indicates that Santa Ana Downtown Plaza will have a parking deficiency for a couple of hours on a typical weekday and weekend day. However, this theoretical analysis is not representative of actual conditions at the project site and may be too conservative. 5. Existing parking surveys at the Santa Ana Downtown Plaza indicates that a peak parking demand of 255 spaces were experienced on a recent weekday. Similarly, a peak weekend parking demand of 298 spaces was experienced on a recent weekend day. These parking demands reflected a parking utilization of 50% and 59%, respectively. 6. The Shared Parking analysis based on actual parking surveys indicate that the proposed Famsa expansion project will not adversely impact the parking conditions at the Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. * * * * * * * * * * * * 1--; \250tY'2l)42591\Repon\2591 Fam~ Expansion \hared I>arking '\nalysl'\ 02~(l9-0515B1@1 9 Mr. Enrique Legaspi February 9, 2005 Page 8 We appreciate the opportunity to prepare this analysis for you and the City of Santa Ana. Should you have any questions or need additional assistance, please do not hesitate to call me at (714) 641-1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS for Christopher H. Nguyen, P.E. Transportation Engineer III cc: File N \251)1),'21)4~S91\nerort\2591 Fam-.a Expan~ion Shared Parking :\nalysi\ o2-r~-uT 58~ 0 J01!n6o ?OOl-60-60 >>'lIl'?t dOl 6"P'IOH6Sl\6..p\t6Sl?Ol\oogl\'u '.'- \ , 1-- / = '--= .L-:' ~ ':a'illJ.'ill? c; I~ ' ~ ~.- ~- , -~ ..... 11.-. -k .' ~-( I -=. .., 13#1111 ,- ::!. ,- L'''' ~ I L~ ~ i','rJ1 I " I ~v ril(() j J .,' 'r'- IS I N h AN t:: lAV "" :,:,;1 ~ '!. 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".tj Ii '.,1.., ~.~ ji( WF R - C- '-' "~"" "~.. !.I'l ~ ~~;; , _ _!!); ~ ;. 11I!i;C ':.c~'<"' "f ~)\ ~ ,. ". ,.....;: ", - - ]i 1 ~ ~ ll~)l j;i <( ~"II' l'~ -_ --,J:I! ~ 1- I ,_ ~ D~ ... ::;. c .. Oe- "'-i -' ,- J " :J 7581@21 :::: ~~ . - lS J . V~ l\1'OM~ l'" "'0 -- :-;;( lS S9Ji ;&; .'" ....... ... .t. ~::. '- ~C~ '.', I *r- "I O\~ E RfIs1 I ! L i _ ~ t- --i -~ I .: lIit)~~ 81 - :t ...., T""f ll.< r:z::I ~~ < ~ ~~ ~ -< z(J) 0 - ur: ....... _ u ~ >w -:> 0 a:::: 0... z 0 (j) z < 0... X W < (J) ~ < I.J.. vi o ~ Q) (/) <{ ::!E o I t- W <J ~ ::> o (/) W t- Vi G ~ !=5 ~ ~ a.. M 1:':::'1 Ed W ...J <( U UJ o ~ :z '" <( ... t- o... ., t- lf1 ., 0 <Xl :z t:: u LoU lf1 :;;: LoU ." :z <C Ct: t:: ....J ....J c.!J ., JC>1!n60 t<<ll:-la-ol ot-:OI:OL dOl 6.ooP'l:OH6~l:\6Mp\I~tm:\0Q!;l:\:u 8 t! ~ . . . I · ~~.! I .Ili. a - ~ al~~ ~II . .~ . 'D ~~ . . a - ~. . ~~~ ~! . 8 - L~ . B · I. !~~ I · . li li I i? t a. Illli. ! ~ Ilil I i' ! I~i ;i ~ il II I J =1 I S ~i I II g ~ I i:! Sfl .; 1;1 I!I II. Ii! ~ (/) o ~l u _ OO:J)~OdS 758-22 10 of 18 ~I ~ I I g -~ C\2 j~ r::q jl..<( t- ~ ~z E-c<( :::> -(I) C!) m r: OU ...... J":il~ ~ mO 00:: t:l.o.. 02 p:=Q t:l.~ <( 0- X W <( (I) :::E <( l.L. ~ U ~ X u a:: <: I') o o ~ I./) w u a:: ::> o VI w -' <: () Vl ~ z: >- <C c... >- 'f' o <Xl :z w l.W en ;;::: U-I ~ <C 0:: ......J......J(.C) -- - - ....., = -:- .... == - TABLE 1 EXISTING AND PROPOSED DEVELOPMENT TABULATION [1) Famsa Expansion, Santa Ana Retail Uses: I. Hip Hop Zone Mon-Sun (IOAM-8PM) 1,170 SF 1,170 SF o SF 2. Maria's Clothing Mon-Sun (I OAM-9PM) 2,250 SF 2,250 SF o SF 3, Don Roberto Jewelry Mon-Sun (9AM-9PM) 1,125 SF \,125 SF o SF 4, Payless Shoesource Mon-Fri (9AM-9PM); 3,000 SF 3,000 SF o SF Sat (9AM-8PM); Sun (I OAM-7PM) 5. Latin Music Warehouse Mon-Sun (10AM-7PM) 1969 SF I ,969 SF o SF 6, Cleaners Mon-Sun (9AM-6PM) 1,300 SF 1,300 SF o SF 7, Angeles Vision Center Mon-Fri (9:30AM-5PM) 1,300 SF 1,300 SF o SF 8. Wateria Mon-Sun (IOAM-8PM) 1,170 SF 1,170 SF o SF 9, Grace's Flowers Mon-Fri (9AM-9PM); 900 SF 900 SF o SF Sat-Sun (I OAM-9PM) 10. Ord Lifestyle Mon-Thur (IOAM-8PM); Fri (lOAM-7:30PM); 1,200 SF 1,200 SF o SF Sat (IOAM-8PM); Sun (1IAM-7PM) II. Checks Cashed Mon-Sun (9AM-7PM) 910 SF 910 SF o SF 12, Sports Plus Mon-Sun (1O:30AM-8:30PM) 3,500 SF 3,500 SF o SF 13_ Food-4-Less Mon-Sun (6AM-12AM) 37,972 SF 37,972 SF o SF 14. One Hour Photo Mon-Sun (I OAM-7PM) 975 SF 975 SF o SF 15. Vacant N/A 975 SF 975 SF o SF 16_ Salon Belleza Mon-Fri (IOAM-8PM); 975 SF 975 SF o SF Sat-Sun (9AM-8PM) 17, Una Nails Mon-Sun (lOAM-8PM) 975 SF 975 SF o SF 18. Household Finance Mon-Fri (8:30AM-5:30PM); 2,667 SF 2,667 SF o SF Sat (I OAM-7PM) Retail Subtotal 64,333 SF 64,333 SF o SF 755,.23 TABLE 1 (continued) EXISTING AND PROPOSED DEVELOPMENT TABULATION [I} Famsa Expansion, Santa Ana Retail Furniture Uses: 19, Famsa Mon-Sun (I OAM-8PM) 23,375 SF 27,256 SF +3,881 SF Retail Furniture Subtotal 23,375 SF 27,256 SF +3,881 SF Medical Office Uses: 20, Dr. Rinaldo Gonzales Mon-Fri (IOAM-IPM; 2:30PM-7PM) 1,300 SF 1,300 SF o SF Business Office Subtotal 1,300 SF 1,300 SF o SF Restaurant Uses: 21. Panaderia, Mon-Sun (7AM-IOPM) 2,600 SF 2,600 SF o SF Ensenada Y Restaurant 22, Little Caesars Mon- Thur (II AM-I OPM); 1,300 SF 1,300 SF o SF Fri-Sat (I lAM-I I PM); Sun (IIAM-IOPM) 23. Golden Gate Mon- Thur (J I :30AM-8PM); 9 JO SF 910 SF o SF Chinese Food Fri-Sat (II :30AM-9PM); Sun (II :30AM-8PM) 24, Donut Inn 24 hours daily o SF o SF o SF (part of Food-4-Less) 25. McDonald's Mon-Sun (6AM-IIPM) 4,800 SF 4,800 SF o SF 26, lugos Acapulco Mon-Sun (7 AM-9PM) 900 SF 900 SF o SF 27, Taco Bell Mon- Thur (8AM-1 OPM); 2,528 SF 2,528 SF o SF Fri-Sat (8AM-12AM); Sun (8AM-JOPM) Restaurant Subtotal 13,038 SF 13,038 SF o SF n:\2500\2042591\lables\2591 Table 1 Development Summary. xis 75BT24 TABLE 2 CITY CODE PARKING REQUIREMENT Famsa Expansion, Santa Ana Retail Uses 64,333 SF 5 per 1,000 SF 322 Retail/Fumiture 27,256 SF 5 per 1,000 SF 136 Medical Office Uses 1,300 SF 6 per 1,000 SF 8 Restaurant Uses 13,038 SF 10 per 1,000 SF 130 Notes: [1] Source: City of Santa Ana Off-Street Parking Requirements, Section 41 - 1 300 through Section 41-1420, n:\2500\2042591\Tables\Table 2 City Parking Code Requirements.xls 758,.25 TABLE 3 WEEKDAY THEORETICAL SHARED PARKING ANALYSIS 11] Famsa Expansion, Santa Ana ......................................................,...,........ . ................ ... .... ,-.. ................'.................................... .............................................. ~m;f!:~~;:;:p(:~~~~...... ..........~t..l~.~....is..~.r.~~ij..~...~",.....,.,I...",.....",...'., .,',:,',...:.,.....~..,.s.,'......u,....~..:...l.".',.,.....,m,.~...',.:........,..o....................~.,,..,:,.,.,',.....:...[".,......,'$f:.~,.,.,...."..,',....",.tI".",;".:",.",O"......'l.it.'...,..'...o:..SF:'...:':.",..:,::"..:',,"'..."'."."""'.'.,'.: [.....,....,....."'.......L.,.............'.'..~....,'~,...,'.....,......,',....,','..,.....,'.....".,..,.,'..=....,..,.,..,...,...','........,.,:....,.,..,....,. ...,........b,........~...,...,.,...,.....,~...,..,L.....'.,'.,.,..,......,"..,...'...,....".,..,....,..,.....'..."I...,.~........'..~....I...,.,......:..I.. . """'''~~ ..,......"'''''''''''~ '''' H/.$i~Wr.* ..................................... .................................... ................................... ................. ...................................... .............................. ..... ..................................... ................ :~I~I~I~~..>;II!I~l:iI~l;i~llimC~ .!~~_ ij~fuM\( ......,.~I\~~. ..tWMM$.p.~.P~#@$.j@W ...~~ o 0% 0 3% 0 0% 26 8% 11 20% 2 2% 55 17% 23 63% 5 5% 129 40% 54 93% 7 10% 209 65% 88 100% 8 20% 267 83% 113 100% 8 30% 296 125 7 ii~Qj>M )?~~~ci)....'i~~.).. 296 290 267 242 251 274 267 187 97 39 o 6:00 AM 0% 7:00 AM 8% 8:00AM 17% 9:00 AM 40% 10:00AM 65% 11:00 AM 83% NOON 92% 2:00 PM 92% 3:00 PM 90% 4:00 PM 83% 5:00 PM 75% 6:00 PM 78% 7:00 PM 85% 8:00 PM 83% 9:00 PM 58% 10:00 PM 30% 11:00PM 12% MIDNIGHT 0% . ............. .................. . ........... ..... .................... :r~ffli.i~ ................... .................. ..$.p.i$$i o 3 7 13 26 39 65 92% 125 97% 8 60% 78 90% 122 93% 7 60% 78 83% 113 77% 6 50% 65 75% 102 47% 4 70% 91 78% 106 23% 2 90% 117 85% 116 7% 1 100% 130 83% 113 7% 1 100% 130 58% 79 3% 0 100% 130 30% 41 3% 0 90% 117 12% 16 0% 0 70% 91 0% 0 0% 0 50% 65 .................... Ii"! 505 505 505 505 505 505 505 507 497 451 439 476 521 511 396 255 146 65 +505 +463 +415 +302 +174 +78 505 -+2 505 +8 505 +54 505 +66 505 +29 505 -16 505 -+6 505 +109 505 +250 505 +359 505 +440 [1] Based on weekday hourly parking accumulation percentages provided in the Urban Land Institute (ULI) Shared Parking Publication. n:\2500\2042591\Tables\2591 Table 3 Weekday Shared Parking.xls 758,.26 TABLE 4 WEEKEND THEORETICAL SHARED PARKING ANALYSIS (1] Famsa Expansion, Santa Ana 6:00 AM 7:00 AM 8:00 AM 9:00AM ]O:OOAM ] 1:00 AM NOON ]:00 PM .......-........... ................. tiOifr.M ............. ..... ................... 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM ]0:00 PM ]]:00 PM MIDNIGHT ................................,... ...................................... :.:.;':e~:: '..'.'.'.':~~mf~..Ii... ..:tlm,*:P.Wl~f) ..........-............................................................ .......................-................................................ ...........................................,....................... ............................................................ ~iA.$.tr. .....t1~~Sjt........... ......... .Mmr..S.t'..'................ .......1~M3~...SF.....,................. ~1I.1'll.iA.!:,II'I'I=tr' ..................................... ..................................... ..................................... ................. .................... .~I~I!~I_~I~~I_!II~!~~~I!i[I<<~!~tllir~~I~! Pi\fuAAd;t$p.~#.:il.t i~~:$~ i .Pi\fu#AA...:)$M~iiiJ. ..:v.~~:$.j~\ 0% 0 0% 0 3% 0 0% 0 3% 10 3% 4 20% 2 2% 3 10% 32 10% ]4 63% 5 3% 4 30% 97 30% 4] 93% 7 6% 8 45% ]45 45% 6] 100% 8 8% ]0 73% 235 73% 99 100% 8 10% 13 85% 274 85% 116 90% 7 30% 39 95% 306 95% ]29 90% 7 45% 59 ...... ......... .... ................. ................... .....ii~;(~ }"':m)Ioo~~ ....tiii:i ] 00% 322 100% 136 90% 290 90% ] 22 75% 242 75% ]02 65% 209 65% 88 60% ] 93 60% 82 55% ]77 55% 75 40% ] 29 40% 54 38% ]22 38% 52 13% 42 13% ]8 0% 0 0% 0 o 19 55 ]53 224 355 436 501 ................. :~~jj(/ .~i~~ $#p.p.~y: 505 505 505 505 505 505 505 505 .................... ................... ..........505....:.... . ................ 505 505 505 505 505 505 505 505 505 505 +505 +486 +450 +352 +28] +]50 +69 +4 45% 93% 7 77% 6 47% 4 23% 2 7% ] 7% ] 3% 0 3% 0 0% 0 0% 0 45% 60% 90% 95% ]00% ]00% 95% 85% 70% ]24 130 130 ]24 11] 91 59 59 78 ]]7 524 477 426 4]6 400 383 313 298 17] 91 -]9 +28 +79 +89 +]05 +122 +192 +207 +334 +4]4 [I] Based on weekday hourly parking accumulation percentages provided in the Urban Land Institute (ULI) Shared Parking Publication. [2] In an effort to remain conservative, the weekday office parking demand profiles per ULI were utilized. n:\2500\204259]\Tab]es\259] Table 3 Weekday Shared Parking,x]s 758.,.27 TABLE 5 EXISTING PARKING SURVEY RESULTS Famsa Expansion, Santa Ana 8:00 AM 92 18% 91 18% 9:00 AM 147 29% 120 24% 10:00 AM 178 35% 166 33% 11 :00 AM 192 38% 240 47% 12:00 PM 258 51% 1:00 PM 225 44% 276 54% 2:00 PM 197 39% 3 :00 PM 186 37% 283 56% 4:00 PM 205 40% 287 56% 5:00 PM 225 44% 250 49% 6:00 PM 197 39% 237 47% 7:00 PM 211 42% 230 45% 8:00 PM 181 36% 226 44% 9:00 PM 102 20% 152 30% 10:00 PM 82 16% 107 21% Notes: [1] Parking utilization calculations based on an existing on-site parking supply of 508 spaces. n:\2500\2042591\Tables\2591 Table 5 Parking Survey Summary,xls 75S",~8 TABLE 6 WEEKDAY SHARED PARKING ANALYSIS (WITH PARKING SURVEYS) Famsa Expansion, Santa Ana 6:00 AM 0 0 7:00 AM 0 0 8:00 AM 92 9 9:00 AM 147 15 10:00 AM 178 18 1I:00AM 192 19 ....................... .. .. ....12ioopM... ..... ... .. . ....................... 1:00PM 225 23 2:00 PM 197 20 3:00 PM 186 19 4:00 PM 205 21 5:00 PM 225 23 6:00 PM 197 20 7:00 PM 211 21 8:00 PM 181 18 9:00 PM 102 10 10:00 PM 82 8 Notes: .................................. .. ....................... ..... ........... .~........................-....... .. ...................... ..... .. ........ . ..,.......,..,..,.......,......,'....,.,...,...,...,'..,...,.,.,..:,.,..(.',~.',.....,),..,..,...,..:,.,:..,....,...,..................................... '...... ................ :....',.',.._,...',..,..,..,_ :,'.,..,.....,1>f"4,:.!,l..,,.....,....~..,..,Ift...:...,....,u..,.'.....,........,.............. ...M~~){,~.wn~r ..,......... "'''''''''''''''''''''' ........................................... . ..............-....................... .....~.................................... ................................. :........>............~1.~V..$F>........};}ili.ft....~it\..i: ...... .........I.~~.._..~.~~~~i~~......... .:.......~.~.~.:~~1.~~ij..~........ .$.~;i::........$..$.Pi'iAA~......1.~....... ...... ..................... ................. ..................... .................... ....................... .... .... ....... ........... . ................ :)W5W~.tWM'\~\M'mE. .'~f~~(. Mf~~...f#~;f-rr~~..f#~: :~)twm~itr :rr~~fr r~n~Wij@:r~ f)J;p#.@~:::r 0% 0 0% 0 8% 0 8% 2 17% I 17% 3 40% 2 40% 8 65% 3 65% 12 16 4 95% 5 95% 92% 5 92% 90% 5 90% 83% 4 83% 75% 4 75% 78% 4 78% 85% 4 85% 83% 4 83% 58% 3 58% 30% 2 30% ]8 17 17 16 14 15 16 16 11 6 [I] Counts were conducted by Transportation Studies, Inc on Thursday, August 26,2004. [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts, [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys. n:\2500\2042591\Tables\2591 Tab]e 6 Weekday Shared Parking,xls 75S~9 o 2 105 172 211 23] 271 239 227 246 266 236 252 2]9 ]26 98 .................. d.WSffif . . . . . . . . . . . . . . . . . ... ........... .................. '~#r. i\$.#PJiti 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 .. ...............,...... . .................. ...~~~? ......~~~ .. ..... .......... iRf!.~) +505 +503 +400 +333 +294 +274 +234 +266 +278 +259 +239 +269 +253 +286 +379 +407 TABLE 7 WEEKDAY SHARED PARKING ANALYSIS (WITH PARKING SURVEYS) Famsa Expansion, Santa Ana 6:00AM 7:00AM 8:00 AM 9:00 AM 10:00AM 11:00 AM 12:00 PM 1:00PM ...................... . .. ..... .. ..... ".....';;.'._'uii;;t...... :~; ~:~: ~~;~:~:: ~~~~: ~::: ~ 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM o o 91 120 166 240 258 276 ............................. ........... ................... ........ ..'..I,:;,;~~':.....'.'..... ,}.;...:i~i~'...,.............'. i}nY~iW.~~~tn{;.:.:::.~~~:tiji~#.?) .................................... .......................................... ........................................ .......................................... ." .....'..........91$..;$1('.......;......., .;;;.;...:;\M~f:::$f)~:::......;.\~ ..........~.~,~.~~.~.~'~~il... ... .........@~~.~,(.~~~~.~~........ .)$P.~i:)::);~.( :..$P~~#):....Uf?::... ...................... ..................... .....-.............. ..................... .:~~r~(....):~@@ir~ij'(.'fff;?! ..fr~if.~.~..Rff~~..(f~f rJJijij.#lF:~ (~~K~r 1t~~4t1 :ii~~~t~~: 0% 0 0% 0 3% 0 3% I 10% I 10% 2 30% 2 30% 6 45% 2 45% 9 73% 4 73% 14 85% 4 85% 16 5 18 283 287 250 237 230 226 152 107 28 100% 5 100% 19 29 90% 5 90% 17 25 75% 4 75% 14 24 65% 3 65% 12 23 60% 3 60% II 23 55% 3 55% 10 15 40% 2 40% 8 11 38% 2 38% 7 Notes: [I] Counts were conducted by Transportation Studies, Inc on Saturday, August 26, 2004. [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (l0%) contingency factor was applied to the existing parking counts, [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys. n:\2500\2042591\Tables\2591 Table 7 Weekend Shared Parking,xls 758",30 o 1 103 140 194 282 304 327 .:~n... 335 338 293 276 267 262 177 127 .................. :rIm :~Plii.Y 505 505 505 505 505 505 505 505 .sog.... 505 505 505 505 505 505 505 505 LI NSCOTT LAW & GREENSPAN engineers .... +505 +504 +402 +365 +311 +223 +201 +178 +170 +167 +212 +229 +238 +243 +328 +378 Variance No. 2004-18 February 28, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subj ect site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addition, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of parking stalls. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. EXHIBIT 7 758-31 Variance No. 2004-18 February 28, 2005 Page 2 of 2 D. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. 758-32 KO -03/02/05 RESOLUTION NO. 2005-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-18 FOR A REDUCTION IN REQUIRED ON-SITE PARKING FOR THE PROPERTY LOCATED AT 419 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-18, for a reduction in required on-site parking to allow the expansion of the retail establishment located at 419 East First Street. B. Variance No. 2004-18 came before the Planning Commission on February 14,2005 for a duly noticed public hearing. The Planning Commission continued the matter to February 28, 2005. C. The Planning Commission determines that for Variance No. 2004-18 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2005-05 Page 1 of 3 758-33 The variance for reduction of required on-site parking stalls is not necessary to preserve property rights as the Santa Ana Downtown Plaza will still maintain the ability to operate all existing uses under the City's non-conforming use and expand the building should some of the uses which require a greater parking demand than retail uses be replaced by retail uses. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. D. In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Variance No. 2004-18. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 28th day of February, 2005 by the following vote: AYES: Commissioners: Cribb,De La T orre,Gartner,Leo,Lutz,Mondo,Nalle(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-05 Page 2 of 3 758-34 Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No.2005-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 28, 2005. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-05 Page 3 of 3 758-35 STUDIO 3 ARCHITECTS architecture planning interiors March 9, 2005 Planning and Building Agency Panning Division 20 Civic Center Plaza Santa Ana, CA 92702 RE: Appeal Application III. Reason for request 419 E. First Street, Santa Ana, CA 92701 S3A# 041054 A variance was requested for a reduction in parking at the Santa Ana Downtown Plaza to allow for an addition of 3,881 s.f. to the existing F AMSA store due to the city considering the use retail. The stalls as marked on the plans are located at the rear of the site normally used by employees and for deliveries. Based on the findings from the planning department, the variance was recommended for approval. A parking study provided for the site demonstrates that the center has an excess of parking needed during peak hours to support the business it serves if one accepts the shared use parking analysis that staff accepted for planning conditions. Items brought up during the Planning Commission Hearing, beyond the control of the landlord, have been used to deny the project, such as the overflow of parking from other sites, and lack of maintenance which we have explained is scheduled for compliance upon permit. Staff reported that only one sign would require modification. As downtown Santa Ana begins to evolve with new business and attractions, so does the need for parking. Although there are fee based city parking structures to alleviate the demand, people will chose to park, for free, at the adjacent shopping centers. With the recent construction and continued growth of the artist lofts, the demand will continue to grow and burden the existing neighboring centers. The Santa Ana Downtown Plaza is one of the most affected centers from this type of overload. Not only is parking an issue but the pedestrian traffic generated by the over use of the center by those not willing to use the city provided parking structures. Pedestrian traffic in turn generates an excess wear on the site, landscape and maintenance. The applicant has made efforts to cooperate with the city; however, the city cannot assist. The burden imposed by neighboring city approved developments is being singled out as a basis of denial. although the site is regularly maintained. Suggesting that the parking area be metered, gated, or the closing of adjacent le~ser producing business further imposes on 949-660-79S5 20101 S,\V. Birch St. Suite 240 Newport l3each. CA 92660 EXHIBIT B 909-9S2 -1717 325 N, Second Avenue Suite L Upland, CA 91 7S6 604S 758-36 the landlord's substantial property rights and will be detrimental to the city if the traffic patterns are allowed to be further congested with cars queuing in the streets and storefronts going dark. There were also several comments made at the hearing that were not related to the project yet were considered for reason of denial. One commissioner mentioned that council had been making a lot of bad decisions and therefore would not support this variance. Another comment was in reference to the Ace Muffler Shop, which although has the appearance of being part of the center it is not. Furthermore, since there are no physical barriers between the Ace Muffler Shop which is unkept unfortunately presents itself as a main view to the center from First Street. The City of Santa Ana ordinance allows for this type of variance, and ask that you honor it as staffhas presented previously. Thank. you, STUDIO 3 ARCHITECTS '.~"--"./' c.-~"- .-~ t Patricia Arroyo Project Manager, STUDIO 3 ARCHITECTS cc. Enrique Legaspi, Regency Centers 758-37 clTYorSANTA ANA rlA"I~G & BVILDL\G AGE1\CI PLANNING & cUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P,O, BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERClr1L CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE Address/Location of Violation: 301-423 E. First St. Santa Ana CA 92701 Violator Name: Regency Centers, Enrique Legaspi (Vice President. ZONE C-5 DATE: 3-)Lf-05 Assessor's Parcel Number: 398-482-33 Title Vice President! Pro e Owner Telephone Number: Date Observed: 3/0812005 Business Name: FAMSA, ORD, FOOD 4 LESS, CLEANERS, HIP HOP ZONE, CHIQUIS BEAUTY SALON. o Operational standards in M districts, Pennitted activities shall not have a detrimental effect on adjacent uses and properties shall be mainta' in a safe, sanitary and attractive condition SAMC 41-473 (a), (f) o Outdoor storage in M districts shall be creened From public view. SAMC 41-473 (b) o Trash and Utility areas shall be screene from Public View. SAMC 41-623 (b) o Landscaping not maintained (requires gro and water maintenance), SAMC 41-609 o Any accumulation of rubbish is prohibited SAMC 16-48 (4) o Use notpennitted in zone, SAMC41-190(a) o Business activities conducted outside an enclosed structure in a _Zone SAMC o Sign Permit required to place, IJ ' t, erect, move, reconstruct, alter, or display y sign. SAMC 41-895 o No person shall install, co truct or maintain an illegal sign, SAMC 41-900 RemarkslRequired Action. State: CA Zip: 90071 Violator'slBusiness Mailing Address: 555 South Flower St. Suite 3500 You ARE IN VIOLATION OF THE FOLLOWING S " , A ANA MUNICIPAL CODE SECTIONS W ork~' 'thout pennits, The work described below requires its, btain pennits within_days. Cover no work Until inspe ed and approved. SAMC 8-94, UBC 106.1. SAMC 8-301P8-558/8-711 o Conducting bus~ss without the required Santa Ana Business Tax Licert.;e. Call Business Tax License at (714) 647-5448 for information, SAMC 21-5 o Conducting business without the require Certificate of Occupancy, Call the Santa Ana Planning, Building Agency at (714) 647-5853 for Occupancy Information. SAMC 8-112 (DBC 109.1) ~ SEE ATIACHED INSPECTION REPORT FOR ADDITIONAL VIOLATIONS & INFORMATION. bOther: complete inspection report of violations. Planning signs. Building and Electrical permits may be required. Notice i hereby given that all violationsustbe corrected within 60 DAYS from the date of receipt of this notic . It is the responsibility of t e property owner and/or occupant to notify this office when the above correction have been completed. You hay the right to request an administrative hearing to determine the validity of the violatio s listed and/or to show cau why you are not liable. If the violations are upheld, you will be ordered to abate the nm ance and all costs of en rcement and or abatement will be assessed and will continue to accrue until all the violation are abated Fai e to abate the violation(s) will result in the matter being referred to the City Attorney's Offic or a COt rder to abate the nuisance and/or criminal prosecution, These violations are a misdemeanor offense and each day that they continue constitutes a new and separate offense, In addition to this Notice Of Violation, an Administrative Citation may be issued and additional fines may be imposed, Be advised that all Interested parties and/or lien holders will be notified of this Notice of Violation. SEE ATTACHED FEE SCHEDULE AND ANY OTHER DOCUMENTs ATTACHED This notice bas been mailed/posted pursuant to Article 8 (commencing with section 17-100) of Chapter 17 ofthe Santa Ana Municipal Code NOTE: A copy of this notice will be sent to the owner(s) of record for violations occurring on private property, Further information may be obtained by contacting the undersigned Inspector(s) between the hours 0[7:00-6:00. Sundav-Wednesdav PrOTJertv Owner{s) of Record: Regency Centers Enrique Legaspi- Vice President Inspector Robert Trejo I ill #09 555 South Flower St. Suite 3500 Los Angeles, CA 90071 75B~C (714) 667- 2750 OR (714) 667-2780 C1TYOFSANTA ANA PLANXh~G & BUILDING AGEXCY PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE VIOLATION DETAILS PAGE 2 of4 DESCRIPTION OF VIOLATION I CODE VIOLATION SAMC 41-880(a), (b), (c) SAMC 41-895 SAMC 41-900 SAMC 41-861(1) SAMC 41-195.5 SAMC 41-425(a) SAMC 41-609 SAMC 41-1304 (d) SAMC 41-198.100 SAMC 41-895 SAMC 21-5 SAMC 8-112 (UBC 109.1) VIOLATION ADDRESS: 301-423 E. First (GenerallAreas) A PLANNED SIGN PROGRAM IS REQUIRED FOR ALL BUILDINGS CONSISTING OF THREE OR MORE LEASABLE SPACES. Please sl/bmit sign plans to the Planning Division for review and approval of a sign program. Insl/re that the monl/mellt sign and all I/npermitted signs in the complex COliform to the a roved Si n Pro ram EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the monllment sign located at SOl/theast access 0 0 First Street. NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. Please remove or obtain Planning Division approval for the monllment sign located at Southeast access 0 0 First Street. PORTABLE, TEMPORARY, & A-FRAME SIGNS ARE PROmnITED. Please remove immediately, an administrative citation may be isslled if the violations continlle and are not corrected. OUTSIDE STORAGE OR EXTERIOR DISPLAYS ARE PRIllBITED IN COMMERCIAL ZONES EXCEPT WITH AN APPROVED LAND USED CERTIFICATE. Please remove all items, inclllding the grocery carts from pl/blic view and cease all exterior dis la 's/vendin withollt a Land IIse Certi lcate. ALL BUSINESS ACTIVITIES SHALL BE CONDUCTED SHALL BE CONDUCTED OR LOCATED WITHIN AN ENCLOSED BUILDING IN A C-5 ZONE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 41-195.5 Please remove all items from Pllblic view and cease all exterior displays/vending withollt a Land Use Certi cate. WHERE A LANDSCAPE, AS DEFINED IN SECTION 41-100, IS REQUIRED BY THE PROVISIONS OF THIS CHAPTER, SAID LANDSCAPE SHALL BE CONTINOUSLY MAINTAINED BY PROPER PRUNING, MOWING OF LAWNS, WEEDING, REMOVAL OF LITTER, FERTILIZING, REPLACING OF PLANTS AND DECORATIVE MATERIAL WHEN NECESSARY, AND THE REGULAR WATERING OF PLANTS. Please mailltain re lIired landsca in to a roved Santa Ana Alllnici al Code standards. ALL REQUIRED STALLS SHALL BE CLEARLY OUTLINED WITH DOUBLE-STPIPING ON THE SURFACE OF THE LOT. SUBMIT PLANS AND OBTAIN A BUILDING PERMIT TO INSURE STRIPING CONFORMS TO CURRENT REQUIREMENTS. SlIbmit plans to the Planning Division and obtain a bllilding permit to insllre the striping con orms to cllrrent re lIirements. EXTERIOR PAYPHONE FACILITIES. (2) A LAND USE CERTIFICATE SHALL BE ISSUED IN ACCORDANCE (B)(1) OF THIS SECTION ONLY IF THE FOLLOWING STANDARDS AND CONDITIONS ARE MET: Please remove all exterior payphones or obtain a valid Land Use Certificate to maintain. Contac the Plannin Division for L.U.C. a Iication. VIOLATION ADDRESS: 301 E. First, Unit Ie -"@rd" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval to maintain the wall sign on the front elevation 0 Unit 1 C. A bllildin ermit ma be re lIired. CONDUCTING BUSINESS WITHOUT THE REQUIRED CITY OF SANTA ANA BUSINESS LICENSE. The bllsiness license tax has been paid, bllt the bllsiness license has llOt been isslled dlle to the lack of a Certificate of Occllpancy. Please call the Planning & Bllilding Agency at (714) 647- 5853 or OCCII an in ormation. CONDUCTING BUSINESS WITHOUT THE REQUIRED CERTIFICATE OF OCCUPANCY. CERTIFICATE OF 0 CY CESS MUST BE INITIATED WITHN 7 DAYS. Bllsiness does not h OCCII anc or a bllsiness license. Please call the Plannin ClTYOFSANTA ANA PWMXG & BUllDl~G AGEXCV PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P,O. BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE VIOLATION DETAILS PAGE 3 of4 i DESCRIPTION OF VIOLATION 1 CODE VIOLATION SAMC 41-895 SAMC 41-900 SAMC 41-861(2) SAMC 41-1304 (i), 8-94/ UBC 106.1 SAMC 41-198.100 SAMC 41-895 SAMC 41-900 SAMC 41-895 SAMC 41-900 SAMC 8-112 (UBC 109.1) & Bllilding Agency at (714)647-5853 for occllpancy information. VIOLATION ADDRESS: 419 E. First St, "FAMS~" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain planning division approval for wall the wall signage and banner signs located on the ront elevation 0 the bllildin . A bllildin ermit ma be re Ilired. TEMPORARY OR SPECIAL EVENT BANNERS ARE PROHIBITED EXCEPT WITH A SPECIAL EVENTS SIGN PERMIT. Remove Banners being displayed on property or obtain approved special events sign permit within 24 hOllrs. (Administrative citations may be isslled to the bllsiness owner for failllre to com I .J ALL PARKING AREAS REQUIRED BY THIS CHAPTER ARE TO BE MAINTAINED IN A SAFE, CLEAN AND REP ARlED STATE WITH NO POTHOLES, SOLID PAVING, AND LEGffiLE STRIPING. BUILDING PERMIT Wll..L BE REQUIRED liOR PAVING/STRIPING AND DISABLED ACCESS COMPLIANCE. EXTERIOR PAYPHONE FACILITIES. (2) A LAND USE CERTIFICATE SHALL BE ISSUED IN ACCORDANCE TO ITEM (B) (1) OF TillS SECTION ONLY IF THE FOLLOWING STANDARDS AND CONDITIONS ARE MET: Please remove all exterior payphones or obtain a valid Land Use Certificate to maintain. Contact the Planning Division for L.U.C. a lication. VIOLATION ADDRESS: 423 E. First St. Unit # 3D "CLASSld CLEANERS" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. VIOLATION ADDRESS: 431 E. First St. Unit # 4H "Hip Hop Zone" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the wall signage located on the front elevation 0 the bllildin . NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. CONDUCTING BUSINESS WITHOUT THE REQUIRED CERTIFICATE OF OCCUPANCY. CERTIFICATE OF OCCUPANCY PROCESS MUST BE INITIATED WITHN 7 DAYS. Hip Hop Zone. B call the Plmmin C1TYOFSANTA ANA rL~\MSG & BUlLDJ~G AGE\CY PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 2.0 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANT A ANA, CA 92.702. (714)667-2.780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NmSANcE VIOLATION DETAILS PAGE 4 of4 I CODE VIOLATION 1 DESCRIPTION OF VIOLA TIOl'! I VIOLATION ADDRESS: 431 E. First St. Unit # 4k "CHlQUlS SALON DE BELLEZA" SAMC 41-895 EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the wall sign located on the front elevation of the building. ' SAMC 41-900 NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. Remove andlor legalize all unapproved signage. Our records indicate that Planning Division approval was not obtainedfor the signs attached to the front elevation of the building. SAMC8-112 CONDUCTING BUSINESS WITHOur THE REQUIRED CERTIFICATE OF OCCUPANCY. /(UBC 109.1) CERTIFICATE OF OCCUPANCY PROCESS MUST BE INITIATED WITHING SEVEN DAYS. "Chiquis Salon De Belleza" Business does not have a Certificate of Occupancy or a Business License. Please caU the Planning & Building agency at (714) 647-5853 for Occupancy information. VIOLATION ADDRESS: 315 E. First St, "FOOD 4 LESS" SAMC 41- NO OUTDOOR VENDING MACHINE MAY BE lNSTALLED, MAINTAINED, REPAIRED 198.300(B) OR OPERATED IN THE CITY WITHOUT FIRST BEING ISSUED A VALID LAND USE CERTIFICATE. Remove all vending machines or obtain a Land Use Certificate to maintain. Contact Planning Division for L. U. C. application. SAMC 41-425(a) ALL BUSINESS ACTIVITIES SHALL BE CONDUCTED SHALL BE CONDUCTED OR LOCATED WITHIN AN ENCLOSED BUILDING IN A C-5 ZONE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 41-195.5 Please remove all item, including grocery carts, from public view and cease all exterior displayslvending without a Land Use Certificate. Youth Amusement Rides (kiddie-rides) are not allowed in a C-5 zone. Please remove. 758-41 KG -03/26/05 RESOLUTION NO. 2005-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-18 (APPEAL NO. 2005-02) FOR A REDUCTION IN REQUIRED ON-SITE PARKING FOR THE PROPERTY LOCATED AT 419 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-18, for a reduction in required on-site parking to allow the expansion of the retail establishment located at 419 East First Street. B. Variance No. 2004-18 came before the Planning Commission on February 14,2005 for a duly noticed public hearing. The Planning Commission continued the matter to February 28, 2005. On February 28, 2005, the Planning Commission denied Variance No. 2004-18 by a unanimous vote. The Planning Commission concluded that the proposed building expansion would exacerbate the existing lack of parking. C. On March 9, 2005, the applicant appealed the Planning Commission's decision, Appeal No. 2005-02. On May 2,2005, Variance No. 2004-18 (Appeal No. 2005-02) came before the City Council of the City of Santa Ana for a duly noticed public hearing. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. The City Council determines that the findings necessary to grant Variance No. 2004-18 have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate Resolution No. 2005-xx Page 1 of 3 758-42 vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addition, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of on-site parking stalls. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. E. In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The City Council of the City of Santa Ana after conducting the public hearing, hereby denies Appeal No. 2005-02 and Variance No. 2004-18. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for City Council Action dated May 2, 2005, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference Resolution No. 2005-xx Page 2 of 3 758-43 Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of May, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-047 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005-xx Page 3 of 3 758-44 REQUEST FOR COUNCIUAGENCY ACTION MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: MAY 2, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For PUBLIC HEARING - PAYMENT TO EDUCATIONAL REVENUE AUGMENTATION FUND AND AN ORDINANCE AMENDING THE MERGED REDEVELOPMENT PLAN TO EXTEND CERTAIN TIME LIMITS Uffi2, CITY MANAGER CONTINUED TO i ~ FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt an ordinance extending time limi ts on the effectiveness of the redevelopment plans and extending the time limit on the use of tax increment to repay indebtedness by one year for eligible project areas and making certain required findings 2. Approve an appropriation adjustment transferring loan funds from the Low and Moderate-Income Housing Fund to redevelopment project area funds to make the necessary payment to the County Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2004-2005. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution finding that borrowing $3,401,346.78 in Housing Set- Aside Funds to make the FY 2004-2005 payment to the Educational Revenue Augmentation Fund is necessary due to the insufficiency of other revenue sources. JT75C-1 P.H. - Payment to ERAF and An Ordinance Amending the Merged Redevelopoment Plan to Extend Certain Time Limits May 2, 2005 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION: 1. Recommended that the City Council: a) Adopt an ordinance extending time limits on the effectiveness of the redevelopment plans and extending the time limit on the use of tax increment to repay indebtedness by one year for eligible project areas and making certain required findings. b) Approve an appropriation adjustment transferring loan funds from the Low and Moderate-Income Housing Fund to redevelopment project area funds to make the necessary payment to the County Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2004-2005. 2. Recommended that the Community Redevelopment Agency adopt a resolution finding that borrowing $3,401,346.78 in Housing Set- Aside Funds to make the FY 2004-2005 payment to the Educational Revenue Augmentation Fund is necessary due to the insufficiency of other revenue sources. By a vote of 5:0 (Betancourt and Robles absent) at its Regular Meeting of April 19, 2005. DISCUSSION As a result of Senate Bill 1096 (SB 1096) implementing the California State Budget for FY 2004-2005, the Community Redevelopment Agency is required to make a $3,401,346.78 payment to the County Educational Revenue Augmentation Fund (ERAF) by May 10, 2005. The legislation allows the Agency to borrow up to 50 percent of the amount required to be allocated to the Low and Moderate-Income Housing Fund during FY 2004- 2005 to make this payment. The funds may be borrowed for up to ten years. As a condition of borrowing the funds from the Low and Moderate- Income Housing Fund, the Agency must adopt a resolution making a finding that there are insufficient other moneys to make the required payment. The legislation implementing the State's FY 2004-2005 budget authorized the County Auditor/Controller to withhold property tax revenue from the City's General Fund to the extent that the $3,401,346.78 payment is not JT75C-2 P.H. - Payment to ERAF and An Ordinance Amending the Merged Redevelopoment Plan to Extend Certain Time Limits May 2, 2005 Page 3 made by the Community Redevelopment Agency before May 10, 2005. SB 1096 also included a provision that allows the legislative body to adopt an ordinance to amend the redevelopment plan extending the time limit on the use of tax increment to repay indebtedness and extend the plan effectiveness by one year for a redevelopment agency making an ERAF payment. For Redevelopment plans with 10 to 20 years remaining, the legislation requires that the legislative body finds that the Agency is in compliance wi th the maj or housing requirements. These include the requirement to deposit 20 percent of the gross tax increment into the housing set-aside fund, the adoption of a housing implementation plan, compliance with housing replacement and inclusionary obligations, and certification that no excess surplus exists. Redevelopment plans with 20 years or more remaining cannot be extended. The City of Santa Ana has a merged redevelopment project area consisting of Central City, Inter-City, North Harbor, South Harbor, South Main and Bristol Corridor. The following time limits are proposed for amendment: TIME LIMIT ON TIME LIMIT ON TIME LIMIT ON TIME LIMIT ON PLAN PLAN PLAN RECE:IPT OF RECE:IPT OF EFFECTIVENESS EFFECTIVENESS TAX INCREMENT TAX :INCREMENT ( CURRENT (PROPOSED ( CURRENT (PROPOSED DATE) DATE) DATE) DATE) Central City July 2 , 2014 July 2, 2015 July 2, 2024 July 2, 2025 Inter-City July 6, 2023 July 6, 2024 July 6, 2033 July 6, 2034 North Harbor July 6, 2023 July 6, 2024 July 6, 2033 July 6, 2034 South Harbor July 6, 2023 July 6, 2024 July 6, 2033 July 6, 2034 South Main July 6, 2023 July 6, 2024 July 6, 2033 July 6, 2034 *Bristol December 4, December 4, December 4, December 4, 2030 2030 2040 2040 *Not eligible for one year extension under SB1096. JT75C-3 P.R. - Payment to ERAF and An Ordinance Amending the Merged Redevelopoment Plan to Extend Certain Time Limits May 2, 2005 Page 4 Notice of this public hearing was mailed to the governing body of each affected taxing entities on April 15, 2005, 30 days prior to the proposed ordinance adoption on May 16, 2005, and published in the Orange County Register on April 22, 2005, 10 days prior to the hearing. FISCAL IMPACT City/Agency approval of the appropriation adjustment and resolution will enable staff to make the $3,401,346.78 payment to the County Auditor for deposit into the ERAF on or before May 10, 2005. The amendment of these plans will enable the Corrnnuni ty Redevelopment Agency to collect tax increment for one addi tional year in the eligible proj ect areas. The actual amount received will depend on the valuation of property within the project area in any given fiscal year. APPROVED AS TO FUNDS AND ACCOUNTS: ~~:7~.~r~~ Executlve Dlrector '=\ ~~;~ ~L ') fu~ ~ Franci~co G~tierrez fl Executlve Dlrector Finance & Management Services Agency PCW/NTE/mlr H:\ACTIONS\2005 CCVT CC-CRA PymtERAF&OrdAmendMergedRedevPlanExtCertTimeLimts 5-2-05,doc JT75C-4 4/13/05 LES ORDINANCE NO. NS-2685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLANS AND THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES FOR EACH OF THE ELIGIBLE PROJECT AREAS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 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 Community Redevelopment Agency for the City of Santa Ana ("Agency") is a community redevelopment agency duly created, established, and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part I of Division 24, commencing with Section 33000 of the Health & Safety Code of the State of California) ("CRL"). B. The Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for each of the six redevelopment project areas which have now been merged. C. Pursuant to California Health and Safety Code section 33333.6, a time limit of the effectiveness of the Redevelopment Plans and a time limit on the period of repayment of indebtedness and receipt of property taxes under the Redevelopment Plan have been established. D. By and through Senate Bill 1096, enrolled on July 29, 2004, and chaptered on August 5, 2004 ("SB 1 096"), Health and Safety Code section 33333.6 was amended to provide that as to Redevelopment Plans originally adopted before January 1, 1994, and when such redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund in fiscal year 2004-2005 pursuant to CRL section 33681.12, the City Council, as the legislative body of the Agency, may enact an ordinance to extend by one year the time limit on the effectiveness of the Redevelopment Plan and the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan, each and respectively. JT75C-5 E. SB 1096 further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments. F. SB 1096 provides that the legislative body must make certain determinations and findings in the ordinance and must hold a noticed public hearing on the amendments. G. The City Council desires to adopt this Ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with section 33333.6, as amended by SB 1096. H. The enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Bristol Plan shall mean the Santa Ana Bristol Redevelopment Plan originally adopted by Ordinance No. NS-2039 on or about December 4, 1989; amended by Ordinance No. NS-2231 and NS-2234 on or about October 3, 1994; Ordinance No. NS-2396 on or about August 2, 1999; and Ordinance No. NS-2652 on May 17, 2004. Central City Plan shall mean the Santa Ana Central City Redevelopment Plan originally adopted by Ordinance No. NS-1173 on or about July 2,1973, amended by Ordinance No. NS-1258 on or about June 2, 1975 ; Ordinance NS-1877 on or about December 1, 1986; Ordinance No. NS-2234 on or about October 3, 1994; Ordinance No. NS-2290 on April 6, 1996; Ordinance No. NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Inter City Plan shall mean the Santa Ana Inter City Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about July 6, 2 JT75C-6 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2289 on or about May 6, 1996; Ordinance NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. North Harbor Plan shall mean the Santa Ana North Harbor Boulevard Redevelopment Plan originally adopted by Ordinance No. NS- 1637 on or about July 6, 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. Merged Project Area shall mean the six project areas that were merged on or about September 20, 2004 by Ordinance No. NS-2662, Ordinance No. NS-2663, Ordinance No. NS-2664, Ordinance No. NS- 2665, Ordinance No. NS-2666, and Ordinance No. NS- 2667. South Harbor Plan shall mean the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Plan originally adopted by Ordinance No. NS-1638 on or about July 6,1982, amended by Ordinance No. NS-2167 on or about August 3, 1992; Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. South Main Plan shall mean the Santa Ana South Main Street Redevelopment Plan originally adopted by Ordinance No. NS-1639 on or about July 6, 1982, amended by Ordinance No. NS-2234 on or about October 3,1994; Ordinance No. NS-2256 adopted on or about July 17, 1995; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness shall mean the expiration date of the time period during which the Agency may establish or incur loans, advances, and indebtedness to be paid with the proceeds of tax increment derived from the project area of a specified redevelopment plan, as described in subdivision (a) of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. Time limit on plan effectiveness shall mean the expiration date of the time period during which a specified redevelopment plan is effective, as described in subdivision (b) of Section 33333.6 of the Community 3 JT75C-7 Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. Time limit on receipt of tax increment shall mean the expiration date of the time period during which the Agency may pay indebtedness and receive tax increment derived from the project area of a specified redevelopment plan, as described in subdivision (c) of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The current time limit on the effectiveness of each of the eligible Redevelopment Plans is hereby extended by one year and the Agency is hereby authorized to act with respect to the respective Redevelopment Plan at any time during which each of the Redevelopment Plans is effective. SECTION 4: The current time limit on paying indebtedness or receiving property taxes pursuant to each of the Redevelopment Plans and CRL(except for the Bristol Redevelopment Plan which is ineligible for the extension) is hereby extended by one year (from the existing time limit as set forth below) and the Agency is hereby authorized to act with respect thereto during such extended period. Central Cit Jul 2,2014 2,2015 2,2024 Inter-Cit Jul 6, 2023 6,2024 6,2033 North Harbor Jul 6, 2023 6, 2024 6, 2033 South Harbor Jul 6, 2023 6, 2024 6, 2033 South Main Jul 6, 2023 6, 2024 6, 2033 Bristol* Dec. 4, 2030 Dec. 4, 2030 Dec. 4, 2040 * Not eligible for one year extension under SB 1096 2,2025 6,2034 6,2034 6,2034 Jul 6,2034 Dec. 4, 2040 SECTION 5. The legislative body has determined that the Agency is in compliance with the requirements of section 33334.2; the Agency has adopted an implementation plan in accordance with the requirements of section 33490; the agency is in compliance with the requirements of subdivisions (a) and (b) of section 33413; and the Agency is not subject to sanctions for failure to expend, encumber, or disburse an excess surplus pursuant to section 33334.12(e). SECTION 6. The legislative body hereby finds that notice of the public hearing has been mailed to the governing bodies of the affected taxing entities and 4 JT75C-8 published in a newspaper of general circulation at least once, not less than ten (10) days prior to the date of the public hearing. SECTION 7. The legislative body hereby finds that funds used to make the payment to the county's Educational Revenue Augmentation Fund pursuant to section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. SECTION 8: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. 5 JT75C-9 ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2685 to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2005, 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 6 JT75C-10