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Municipal Code is repealed and amended in its entirety to read as follows: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
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11 A-1
Ordinance No. NS-XXX
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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
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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
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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.
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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
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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/) //
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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
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MEMORANDUM
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/
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
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City Council
Agenda Date
MAY 2, 2005
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EXHIBIT I
Title:
PARCEL MAP 2004.210
5322.5326 W. ROOSEVEL T AVE.
17 A-2
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REQUEST FOR
COUNCIL ACTION
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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
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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""
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~ / / /~/;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.!
(
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REGIONAL
TRANSPORT A TION
CENTER
6TH ST
~ PROJECT LIMITS
SANTA ANA
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P\BJCIIIlI\IlSJt.ElCl
EXHIBIT 1
., 'O'SCM.l'
CITY COUNCL
AGENDA DAre
MAY 2. 2005
Title'
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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
~
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FIRE STATION 3
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FIRE STATION 5
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SANTA ANA
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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
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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
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~ ~
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-
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-
-
-
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~ -
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~
~
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~
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
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COMMERCIAL SOUTH MAIN
COMMUNITY COMMERCIAL
COMM. COMMERCIAL/MUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
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31A-5
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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
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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.,
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~~
.- ..:-'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
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CUP 05-4
MR. NEAL P. O'TOOLE RESIDENCE
1808 NORTH GREENLEAF STREET
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P LAN N
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EXHIBIT 1
318-4
N G
AGE N C Y
A
SINGLE FAM Y RESIDENTIAL SINGLE FAMILY RESIDENTIAL
NINETEENTH STREET
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EXHIBIT 2
318-5
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EXHIBIT 4
31 B-7
.
;
!
,
/
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,
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
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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
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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
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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