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Home My WebLink About FULL PACKET_2005-01-03 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For APPOINTMENT OF MEMBERS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD '9\~ Q4;a~ CITY MANAG ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Appoint John Crvarich, Lawrence R. Labrado, Jr., and Wilfredo Ortega to the Santa Ana Workforce Investment Board. DISCOSSION On March 6, 2000, the City Council adopted a resolution establishing the Santa Ana Workforce Investment Board (WIB) and appointed 33 members. In accordance with the federal legislation, a majority of the Board and the Board Chair must come from the private sector. The remaining Board seats represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently there are two private sector vacancies, one labor vacancy, one higher education vacancy, and one vacancy dedicated to the State Department of Rehabilitation (DOR) on the Santa Ana Workforce Investment Board. After an extensive recruitment campaign and interview process, three new candidates are recommended for appointment to the Board. Two represent the private sector: John Crvarich, Vice President of Finance, Brasstech Inc. i and Lawrence R. Labrado, Jr., Public Affairs Region Manager, Southern California Edison. Wilredo Ortega has been recommended to fill the vacant DOR seat. Resumes for the new nominations are attached as Exhibit 1. The private sector nominees all represent business sectors that are growing in Santa Ana and have hiring needs. Staff will continue to work to fill the remaining two vacancies on the Board. 138-1 Appointment of Members to the Santa Ana Workforce Investment Board January 3, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. patricia C. Whitaker Executive Director Community Development Agency PCW/FJ/mlr Actions:\2005CC\ApptmtMemberstoSAWorkforceInvestBoard 1-3-05 138-2 John Crvarich Brasstech 2001 E. Carnegie Ave. Santa Ana, CA 92705 Phone: (949) 417-5207 Fax: (949) 417-5208 Emai1: jcrvarich@brasstech.com Mr. John Crvarich is the Vice-President of Finance for Brasstech Inc. Brasstech is a $50 million dollar manufacturer of faucets and plumbing accessories. The company was founded in 1987 by Ross and Geoffrey Escalette; it is now a subsidiary of Masco Corporation. As Vice-President of Finance, Mr. Crvarich is responsible for all financial applications and reporting, budget, taxes, banking functions and information services. Prior to joining Brasstech in 1997, Mr. Crvarich performed similar duties for Insulectro, a $150 million dollar wholesale distributor of printed circuit material, and Westbume Supply, a $225 million dollar division of a Canadian wholesale distributor of plumbing supplies. Mr. Crvarich is very knowledgeable about employment and economic development issues. He has used the Enterprise Zone tax incentives, and knows the importance of having good employees in an organization. Mr. Crvarich holds a Master's in Business Administration from the University of Santa Clara, and a Bachelor's in Business Economics from Saint Mary's College; he is also a Certified Public Accountant Mr. Crvarich is very interested in joining the Santa Ana Workforce Investment Board. He is aware.of the many challenges present in our local community, particularly those that relate to employment issues. He is also aware of the role played by the Santa Ana Workforce Investment Board in providing employment and training services to local residents. Mr. Crvarich hopes that by joining the board he can contribute to the betterment of our local community and its employment base. EXHIBIT 1 138-3 Lawrence R. Labrado, Jr. Professional Experience Southern California Edison Public Affairs Region Manager December 2003 to Present Serve as Edison's primary liaison for central Orange County by building and maintaining positive business relationships with governmental agencies, media, business and community groups · Identify, analyze and resolve significant local or regional issues dealing with Edison operations · Manage Edison's charitable contributions portfolio within the region . Monitor and address local government activities and issues that have the potential to impact Edison operations . Utilize Edison resources for the benefit of the company and its customers Orange County Water District Legislatice Affairs Specidist September 2002 to December 2003 Developed and implemented a successful local, state and federal legislative outreach strategy, repositioning OCWD as a leading agency in the water industry · Advocated OCWD's legislative positions in Sacramento and Washington, D.C. . Served as OCWD's liaison to government agencies, business and community organizations to develop effective partnerships. Provided strategic counsel on political and legislative issues to OC\'X7D's Board of Directors and general manager · Managed state and federal contract lobbyists and public relations/ community outreach consultants California State University, Fullerton, Office of State and Federal Relations Associate Diro::trJr of Adrxx:acy July 2001 to September 2002 Developed and implemented a strategic advocacy program to promote the University · Directed the University's advocacy efforts utilizing one-on-one meetings and group presentations with elected officials, civic organizations, chamber~ of commerce, community members and opinion leaders to communicate the University's priorities, needs and legislative platform · Crafted crisis communication messages that clarified the university's position and built support for the proposed education bond, state budget crisis, CSU and UC doctoral program debate, and the building lease for an expansion at the MCAS El T oro County of Orange, Office of Supervisor Cynthia Coad staff Aide March 2001 to July 2001 Conducted research and analysis for Orange County's redistricting requirements · Prepared multimedia presentations for Orange County Board of Supervisors' meetings · Drafted proclamations, certificates and constituent correspondence . Represented Supervisor Coad at county agency meetings and community events · Resolved constituent issues and concerns Coro Foundation Der:elopnmt & Carrmunicatians Manager PrrwamManager A national public affairs training organ.izLt.tian Developed, implemented and maintained all communication and outreach efforts · Planned and executed special events, including a Los Angeles Mayoral Candidate Forum, State Capitol Week, political campaign assignments and community service projects . Oversaw Friends of Coro -events, programs and Board of Directors (Friends of Cora is an organization composed of alumni, donors and supporters committed to Coro's mission) · Coordinated and implemented Coro's technology plan, with focus. on the national web site 138-4----- Sept. 2000 to Feb. 2001 Sept. 1998 to Aug. 2000 Leadership Long Beach PragramMaruzger Sept. 1997 to Sept. 1998 An orgcmi.w:ian that prepares leaders for the l:x:t:terrrmt of the Long Beach crrrmunity :Managed all aspects of Leadership Long Beach (LLB) programs · Served as LLB staff representative to city-wide collaborative programs. Coordinated events including the California Association of Leadership Programs Conference . Advised Executive Director on LLB program policies · Delivered oral and written presentations to liB Board and Executive Committee Professional Affiliations + City of Orange, O:mmunity Derelapnent Bkxk Grcmt Carrmissioner . Orange County Public Affairs Association, Meml:er + Orange County T ransponation Authority Citizens Advisory Committee, Legislatire Ad Hoc Ccmnittee (Chair 2003) . CSU Fullerton, Alumni Assoc:idtion & Tiwn Adw:ates Community Involvement . Olive Crest - Los Compadres, Mernb:r . KinderCaminata, BoardofDinrtors + Hispanic Education Endowment Fund, Dinner Omrnittee + Orange Citizens Police Academy, Partia:pant . NA1EO Youth Conference, Voluntrer Facilitator . Orange County's United Way, Hispanic Influentials Dinner Committee, Meml:er . Southwest Voter Registration Education Project, 0. C Planning Omrnittee Education I Professional Preparation California State University, Fullerton . Badxlor of A ITs Degrre in Polit:U:al Science, Canctntration in Public Administration Orange County Forum . Exeaair.:e Leadership Pragram Orange County's United Way . Multi-Etlmi1: Leadership Institute 138-5 2003 to Present 2000 to Present 2001 to Present 1997 to Present 2003 to 2004 2001 to 2003 2000 to 2002 Spring 2001 December 2000 2003 1998,2000 May 1997 Fall 2001 June 2001 o po DEPARTMENT OF . REHABILITATION R EmpLoyment, fndependenC/' & Equality Arnold Schwarzenegger, Governor State of California Health and Human Services Agency Wilfredo Ortega 222 S Harbor Blvd, #300 Anaheim, CA 92805 EDUCATION: . University of California, Los Angeles September 1972 - June 1976 B.S. Degree in Economics . Cal State L.A. MBA Program 1976 - 1978 EXPERIENCE: . Los Angeles Unified School District Teacher's Aid-Part-time: 1976 -1978 Working with elementary school children, ages 5-9. . Woolworth Corporation Stores in L. A., Inglewood and North Hollywood 1978 - March 1978 Management Retail Training Program-Supervision of 10 retail employees in the daily operations of several departments of the store; did purchasing and ordering of merchandise and applied marketing strategies for a successful and profitable operation of the store. . State Department of Rehabil itation Anaheim District Office 222 S Harbor Blvd, Ste 300 Anaheim, CA 92805 Senior Vocational Rehabilitation Counselor March 1979 - August 1996 138-6 Manage a caseload of disabled individuals of over 100 cases and provide Rehabilitation services to monolingual Spanish- speaking clients, review medical records, write rehabilitation plans, develop job opportunities for clients, community outreach. . Department of Rehabilitation Anaheim District Office Rehabilitation Supervisor September 1996 to present Supervise a group of Rehabilitation counselors, review case work, do community outreach, monthly reports, control fiscal expenditures, interview and recruit rehabilitation staff. Consult with counselors regarding client services and employer contacts. Implement Department policies and regulations. 138-7 o ~ DEPARTMENT OF .. REHABILITATION R Employment, Independence & EquaLity Arnold Schwarzenegger, Governor ~ State of California Health and Human Services Agency Santa Ana WIB November 19, 2004 Dear Ms. Jutzi: Due to the recent retirement of our Rehabilitation Supervisor, Jolyn Turner she subsequently terminated her membership from the Santa Ana WIS. We would like to replace her with Rehabilitation Supervisor, Mr. Wil Ortega. He is currently covering part of the Santa Ana office and is very familiar with the area. Mr. Ortega works out of our Anaheim location and can be reached at (714) 991-0821 or via e-mail atworteoa@dor.ca.Qov Mr. Ortega is also bilingual in Spanish and thus, works very closely with some of the bilingual programs in the area. I would like to formally submit his name for nomination to the Santa Ana WIB to replace Jolyn Turner. Thank you for your consideration. We look forward to a continuing, productive relationship. Please let me know if you require further information. q'ncereIY, 1//.. L, ./ {{))vi. {Vv/.;iA/'fv- \ une Kuehn District Administrator Orange San Gabriel District Department of Rehabilitation (714) 991-0833 138-8 MEMORANDUM ,clV ~ ~ City Council Meeting Date: January 3. 2005 To: Debra Kurita Assistant City Manager Date: December 20, 2004 From: James G. Ross, Executive Director ( Public Works Agency Subject: Notification that City Engineer is Reviewing Final Tract Map No. 16635 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 16635 (City Tract Map No. 2004-03), for 5017-5021 West Sixth Street and 5022-5026 West Seventh Street (Exhibit I), from the owner, Santa Ana Cottages LLC, and is in the process of reviewing the map for final approval. The Tentative Tract Map No. 16635 was approved by the City Council on August 16, 2004. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of January 3, 2005. FinaITractMap16635ReviewNotice1_ 3_05 17 A-1 , ~ N.T.s. ~ SEVENTH STREET n~---------------~-I I v ____,___ I I I I I i I I I I I ~ ~.~, i I I e I I ...:l I ~ : I I ~ I ~ I I I LOT] LOT. LOTS I I I I I ~- -------Y'--- I ^ ~I ~ ~ SIXTH STREET I ~ ~I :z ~ E- ~ ~ g: E- rn -< E- - rn o g: I II ------------ ^- ~ V ----- ~ FIRST STREET I EXHIBIT I SANT A ANA City Council t P W A t Agenda Date , , PUIILIC \lIJlICS 'IiENCY JANUARY 3,2005 Title: TRACT NO. 16635 5017-5021 WEST SIXTH STREET AND 5022-5026 WEST SEVENTH STREET REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: APPROVED DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT o As Recommended o As Amended D Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution D Set Public Hearing For ~~CITY~ar CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct staff to work with the Downtown Business Community, the Community Redevelopment and Housing Commission, and all other interested parties to develop a new Business Improvement District structure with two zones and a partial year assessment levy for City Council consideration within 120 days. DISCUSSION At its meeting of December 20, 2004, City Council considered implementation of the Downtown Business Improvement District (BID) assessment for 2005 (Exhibit A). During the course of the meeting, the Council received oral and written input from the public on this item. The areas of interest of the public comments on this item focused on two main elements: the BID structure and the assessment. The requests from these interested parties related to the structure of the district ranged from the dissolution of the BID to developing a two zone structure. The public input regarding the implementation of the assessment for the 2005 year included individuals supporting the Redevelopment and Housing Commission recommendation of a 25 percent assessment, others recommending a 100 percent assessment, and those supporting the dissolution of the district recommending no assessment for this year. After receiving this input from the community and other interested parties, the City Council continued this item for two weeks to allow staff time to meet with the parties to clarify their recommendations. 19C-1 Downtown Santa Ana Business Improvement District Recommendations January 3, 2005 Page 2 Given these circumstances, it is recommended that staff continue to work with all interested parties and return to Council with their final recommendations within 120 days. It is further recommended that the parameters of the discussion include determining the process to develop a new BID structure that provides two zones and developing a partial year levy of the assessment formula. FISCAL IMPACT There is no direct fiscal impact to the City associated with this as Business Improvement District revenues are transferred District's account for use in accordance with its budget. action, to the Patricia C. Whitaker Executive Director Community Development Agency PCW/PN/mlr H:Actions,\2005CC\DT SA BID Recommendations 1-3-05 19C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 20, 2004 TITLE: TV M;cZ CITY MANAGER APPROVED o As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO l - 3 -0 5 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2004 ANNUAL REPORT AND 2005 BUDGET FILE NUMBER RECOMMENDED ACTION 1. Approve the 2004 Annual Report and the 2005 Budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for calendar year 2005 and establish a time and place for a public hearing to be held by the City Council on January 18, 2005. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION 1. Found that the 2004-2005 Downtown Santa Ana Business Improvement District Annual Report complies with the California Streets and Highways Code and approved the 2004-2005 Annual Report. 2. Directed the Executive Director of the Community Development Agency to file a 2004-2005 Annual Report with the City Clerk for City Council approval or modification. By a vote of 4:0:3 (Bustamante, Macres, Sarmiento recused) at its Regular Meeting of November 16, 2004. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36000 of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on EXHffiirgc_3 Downtown Santa Ana Business Improvement District 2004 Annual Report and 2005 Budget December 20, 2004 Page 2 the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). In order to comply with State law, the City Council must approve the annual report and budget as well as conduct a public hearing prior to levying the annual assessment. The 2004 Annual Report, prepared by the BID Ad Hoc Committee of the CRHC, contains proposed changes to the basis and method of levying the assessment, an estimated cost of providing the improvements and activities, the improvements and activities to be provided, the amount of surplus revenue carried over, and the amount of contribution from other sources other than the assessment (Exhibit 1). In developing a budget for 2005, the CRHC conducted extensive outreach to the Downtown business community, which included two community forums that were held on August 17, 2004 and October 12, 2004. Each community forum was designed to gain an understanding of the general issues affecting Downtown businesses and to allow businesses to provide feedback on potential budgetary scenarios. Based on this feedback, the BID Ad Hoc Committee is proposing a budget for 2005 that focuses on two key areas: 1) consulting services to generate information from a broader cross section of business owners in the Downtown area in order to make a decision on whether to keep and revamp the BID or to recommend its dissolution, and 2) maintenance services to provide clean streets in the BID area (Attachment C). The estimated cost of these services is $135,000. FISCAL IMPACT is no fiscal impact associated with this action, as the City transfers the BID revenue for use in the District in accordance budget. p tricia C. Whitaker Executive Director Community Development Agency PCW/KLA/kla H:Actions\2OO4CC\DTSABID2004AnnRep&200SBdil-12-2O-04 19C-4 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2004 ANNUAL REPORT DECEMBER 20. 2004 PREPARED By: COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION EXlllBITl 19C-5 2004 ANNUAL REPORT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Background The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the Santa Ana City Council. The Community Redevelopment and Housing Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the preparation and administration of the BID's budget and annual report, its promotional calendar, marketing and public relations programs, security and maintenance plans, and physical improvement projects. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service and professional members (Attachment A). Assessment Formula For the 2005 budget and assessment, the CRHC is proposing to reduce this year's annual assessment to 25 percent of the formula stated for each business license category in the original 1984 ordinance (Attachment B). Summary of Improvements and Activities On October 6, 2003, the Santa Ana City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District (BID) Advisory Board. As the BID Advisory Board, the CRHC is responsible for recommending an annual budget by early November 2004 and other policies pertaining to the BID. The CRHC conducted extensive community outreach to develop a BID budget. This included two community forums. The first community forum, held on August 17, 2004, focused on understanding the general issues affecting Downtown businesses. Letters were sent to over 700 businesses in the area, and Commissioners together called, visited or dropped off flyers to 140 randomly selected businesses to invite them to the first community forum. Five general themes emerged from this forum: 1) business/government relations; 2) infrastructure, cleanliness, maintenance; 3) change; 4) Downtown Santa Ana's image; and 5) lack of participation. Two policy options emerged from the initial conversations with business owners and the first community forum. They are: 1) recommend keeping the BID, but substantially revamp the fee assessment, boundaries, activities and governance structures so that the BID functions as a positive tool for Downtown businesses, or 2) recommend dissolving the BID. Rather than make 19C-6 a final policy recommendation by early November, the CRHC chose to focus on preparing a budget for 2005 and to focus on the broader policy decisions in early 2005, with additional input. The CRHC held a second community forum on October 12, 2004, to gain feedback on the proposed budget for 2005. Letters were sent to over 700 businesses. Participants gave feedback on three budget scenarios designed to generate discussion on funding options (e.g., fee assessments, unencumbered funds, and capital improvement funds) and expenditures (e.g., administrative, consulting, promotions, marketing, maintenance, and security). 2005 Budget Plan Based on this feedback, the CRHC is proposing a budget for 2005 that focuses on two key areas: 1) consulting services to generate information from a broader cross section of business owners in the Downtown area in order to make a decision on whether to keep and revamp the BID or to recommend its dissolution, and 2) maintenance services that equitably cover all the streets in the BID area (Attachment C). 19C-7 ~-c t=. nms If ~ c::z: LLI CC c:c I- z: LLI :E LLI ::- = CC a.. :E - fB z: - en = cca c:c :z: c::z: c::z: I- :z: c::z: en ; = I- ; = c:a 2::J-r netJi ..... i .............. ill. DOQJO[] a o DOJDDDuIT r:ro"o D D D [j IT ~ ODD Dod DDD D.Du< .................. "'IIYOII . Ii I lifJi D IT ~ ~! - 11 · ~I U i I \. ~;1 a I DO.... e l!! t.. I , .. Llli .......~ Q I .~~ 5 . . lul \ ... ~r.lS .llIO.lvy~l. .............. · - D@ ; . D D; SS08 OJ - I i lllM01J I 19C-8 Attachment B 2005 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District, classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee times 25 percent. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee times 25 percent. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business Improvement District, shall pay an amount equal to their annual business license fee times 25 percent. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. 19C-9 Attachment C DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2005 BUDGET SUMMARY Operating Revenue BID Assessments - City of Santa Ana Unencumbered Previous BID Assessments Capital Improvement Funds $35,000 $62,000 $38,000 Total Operating Revenue $135,000 Operating Expense BID Consultant Sidewalk Steamcleaning Maintenance Administration $15,000 $110,000 $10,000 Total Operating Expense $135,000 Consultant: We still need to gather information to figure out what to do with the key policy issue of keeping or dissolving the BID. However, we can scale down the type of consultancy. In this case, hire two second-year graduate students ($3,500 each or $7,000). The remaining $8,000 can be used for: (a) mailings, room reservations, incentives and other materials for focus groups, interviews, and surveys ($5,000); and (b) two community forums ($1,500 each or $3,000 total). Maintenance: The Sidewalk Steamcleaning can be a contractural service that is established to provide an evenly distributed level of cleaning based upon the number of blocks within the BID. Cleanliness is a type of promotional activity since it creates a pleasant image for Downtown customers. 19C-1 0 RESOLUTION NO. 2004-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2004-2005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. By Ordinance No. NS-1715, adopted February 6, 1989, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code; and B. Since the adoption of said ordinance, the City Council has levied an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (a) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one-half (1.5) the annual business license fee. (b) For commercial and residential rental property: an assessment in an amount equal to one-fourth (0.25) the annual business license fee. (c) For all other businesses: an assessment in an amount equal to the annual business fee. 2. The City Council presently intends to REDUCE said assessment to 25 percent of the formula stated for each business license category in the original 1984 ordinance during the year 2004-2005. 3. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS-1715 are as follows: (a) Decoration of any public place. 19C-11 (b) Promotion of public events. (c) Furnishing of music in any public place. (d) The general promotion of business activities. 4. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. 5. A report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2004-2005, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2004-2005. 6. A public hearing shall be held by the City Council at the Police Community Room, 60 Civic Center Plaza, Santa Ana, California at its regular meeting of January 18, 2005 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2004-2005 for the improvements and activities described in the report. 7. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. The City Council shall hear and consider all protests against the furnishing of specified types of improvements or activities within the Downtown Santa Ana Business Improvement Area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business. If a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2004. 19C-12 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney 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 the attached Resolution No. 2004-093 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 ADOPTED this day of January, 2004. 19C-13 fJM S & A Properties 129 W. Wilson Street, Suite 100 Costa Mesa, CA. 92627 949-722-7400 949-722-8855 Fax December 9, 2004 Miguel A. Pulido, Mayor City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA. 92702 RE: Fiesta Marketplace, Santa Ana, CA. Dear Miguel: It is our understanding that on December 20, 2004, the City Council will consider a recommendation from the Citys' Community Redevelopment and Housing Commission ("Commission") regarding a modification of the Downtown Santa Ana business Association ("DSABA") improvement tax. Specifically, the Commission will recommend that the City Council set the improvement tax amount at twenty-five (25%) percent of the former improvement tax amount. At this time, the Fiesta Marketplace Partners would ask that the City Council not act upon any Commission recommendation regarding DSABA or the improvement tax other than an extension of the existing improvement tax collection moratorium. Additionally, we would ask that the City Council direct the City Staff to assist Downtown's various special interest groups in the formation of associations ("BID") to serve their specific needs. The Fiesta Marketplace Partners strongly support the formation of special interest BIDs. At this time, we envision two BIDs being created in Downtown. One entity would be made up of Fourth Street businesses ("Fourth Street BID") which we would suggest include all Fourth Street business licensees from Mortimer Street on the east to Broadway on the west and any geographically contiguous business licensees who elect to join the Fourth Street BID. The other entity would be made-up of businesses located in and around the Artist Village area ("Artist Village and Restaurant BID"). We would suggest that the Artist Village and Restaurant BID include Fourth Street from Ross Street on the west to Broadway on the east, all Artist Village streets and any geographically contiguous business licensee who elects to join the Artist Village and Restaurant BID. 19C-14 We envision that these two entities, with more special interest entities to be added when identified, would coordinate and cooperate with each other, for the betterment of the entire Downtown. We see the City being a very important partner in the creation, operation and advisement of the special interest BIDs. The Fiesta Marketplace Partners is very desirous of working with the City or anyone else who has as their goal the resolution of the on-gong dispute that has prevented the execution of an all year around Fourth Street advertising and promotions program. It is incumbent upon all interested parties to work as quickly as possible to create and implement the operation of the Fourth Street BID and Artist Village and Restaurant BID. Thank you for your consideration of our comments. Irving M. Chase, General Partner cc: Fiesta Marketplace Promotion Fund City Council Members David Ream, City Manager City Clerk Patricia Whitaker, Executive Director Matthew Lamb, Downtown Development Manager 19C-15 S & A PROPERTIES 129 W. Wilson St., Suite 100 Costa Mesa, CA 92627 949-722-7400 949-722-8855 FAX December 15, 2004 VIA FACSIMILE (714) 647-6954 Miguel A. Pulido, Mayor City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA 92702 RE: Fiesta Marketplace, Santa Ana, CA Dear Miguel: My letter to you of December 9, 2004, served to inform the City Council of the Fiesta Marketplace Partners' position regarding the City's Community Redevelopment and Housing Commission's Downtown BID recommendation. Since December 9, 2004, changed circumstances have caused us to change our position as noted in my earlier letter. This letter shall serve to articulate our current Downtown BID position. It has recently come to our attention that business leaders in that geographical area of the Downtown that we envision will be included in what we have termed the "Artist Village and Restaurant Overlay BID" have communicated to us their desire to form an Overlay BID serving their special interest. This interest, coupled with the almost unanimous consensus reached by the participants at a recent special meeting to discuss the Downtown BID matter, has made it very clear that now is the time to create two special interest Overlay BIDs within the existing Downtown BID structure. The Fiesta Marketplace Partners Wholeheartedly support the creation of a "Fourth Street Overlay BID" and "Artist Village and Restaurant Overlay BID", with geographical boundaries to be established, as soon as legally possible. We envision additional special interest Overlay BIDs will be created when business licensees recognize common goals and objectives and are desirous of receiving the benefits of a BID. 19C-16 We envision that all businesses within the Overlay BID's geographical area would be paying BID members, hence, it is important that a significant majority of business licensees support the Overlay BID's creation. The City would collect and distribute the BID improvement tax dollars to the respective Overlay BID's management who would expend moneys for those purposes consistent with that Overlay BID's Board of Directors directives. The Overlay BID's management would be responsible to the City for its' financial dealings like the former Downtown Santa Ana Business Association's Board of Directors. The two Overlay BIDs would coordinate their respective promotion and special events for maximum effectiveness. The City Council should act as soon as legally possible to create two Overlay BIDs from the existing Downtown BID with geographical boundaries to be determined. Once the two Overlay BID's boundaries are established, one hundred (100%) percent of the current BID improvement tax should be collected by the City and held in trust until such time as the two Overlay BIDs are operating with functioning Boards of Directors to receive the moneys. . Miguel, momentum currently exists to resolve Downtown's very long, bitter and divisive BID dispute. There is an almost unanimous consensus amongst Downtown's various special interest groups to end the BID dispute. And perhaps, more importantly, much goodwill now exists for a prompt resolution of this matter. It is time for Downtown's business people to stop fighting and start promoting for the benefit of all. Thank you for your consideration of our comments. . " I -b. Irving M. Chase, General Partner cc: Fiesta Marketplace Promotion Fund City Council Members David Ream, City Manager City Clerk Patricia Whitaker, Executive Director Matthew Lamb, Downtown Development Manager 19C-17 19C-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 3, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR RADIATOR AND AIR CONDITIONING SERVICE (SPEC. NO. 02-065) APPROVED [J As Recommended [J As Amended [J Ordinance on 1 st Reading [J Ordinance on 2nd Reading [J Implementing Resolution [J Set Public Hearing For ~ /L4rz CONTINUED TO -- FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with A-I Radiator exchanges and air conditioning service amount not to exceed $25,000. for radiator repair with core for a one-year period in an DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of the City's 800 fleet vehicles, including police patrol sedans. Aside from leaking, radiators can become clogged, damaged from overheating, or damaged in accidents. In addition, vehicle air conditioners need Freon recharging as well as continued maintenance service. Due to the nature of the repairs and the lack of appropriate equipment, the repairs cannot be preformed on-site at the Corporate Yard. The contract will provide the repairs necessary to ensure safe and efficient vehicle operation. On June 3, 2002, the City Council awarded a contract to A-I Radiator Service for a one-year period, with provision for two one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. 22A-1 C5. 383 Contract Renewal for Radiator and Air Conditioning Service (Spec. No. 02-065) January 3, 2005 Page 2 FISCAL IMPACT Funds are available in the Fleet Maintenance & Repair Machinery & Equipment account (account no. 75-111-6281). '::\ Francisco Gutierrez Executive Director Finance and Managemen Services Agency ~ FG/KM/02-065R2.2:li 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 3, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR OVERHEAD DOOR MAINTENANCE (SPEC. NO. 02-103) APPROVED a As Recommended a As Amended a Ordinance on 1 st Reading a Ordinance on 2nd Reading a Implementing Resolution a Set Public Hearing For ~ aAa CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Commercial Door of Orange County, Inc. for overhead door maintenance and service repair for a one-year period in an annual amount not to exceed $44,764. DISCUSSION The City utilizes various overhead doors that require maintenance and repair. The Fire Department, the primary user, has 10 fire stations wi th a total of 36 front and rear apparatus room overhead doors. The doors range in age from one to over 25 years, are of various sizes and types, and are operated many times each day. A preventive maintenance contract is essential to ensure full function and response at all times. On November 4, 2002, the City Council awarded a contract for a one-year period with provisions for two one-year renewals to Commercial Door of Orange County, Inc., a Santa Ana vendor. Commercial Door has agreed to renew the contract but has requested an 11% price increase due to rising costs for fuel and insurance. The vendor has performed satisfactorily during the past contract period and, as a result, staff recommends authorizing the final renewal to the contract. 228-1 cs. 383 Contract Renewal for Overhead Door Maintenance (Spec. No. 02-103) January 3, 2005 Page 2 FISCAL IMPACT Funds are budgeted and available in the Fire Department Other Contractual Services account (account no. 11-327-6291) !J~ IJ,d~ , ~ Phillip M. Garcia \fiW" Fire Chief .~~.. PMG/TO/02-103R2.3:li 228-2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Servi Agency REQUEST FOR COUNCIL ACTION CITY COUNCil MEETING DATE: JANUARY 3, 2005 CLERK OF COUNCil USE ONLY: TITLE: CONTRACT AMENDMENT FOR CARPETING (SPEC. NO. 04-140) 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 ty f2JJfl a CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with Precision Floor Covering, Inc. for carpeting in the amount of $1,990 for a total amount not to exceed $11,313. DISCUSSION The Building Maintenance Division is responsible for maintenance and repair of various city facilities. Quotes were solicited for carpet replacement at the Santa Ana Senior Center and the Southwest Senior Center and the job was awarded to Precision Floor Covering, Inc. The Building Maintenance Superintendent authorized the vendor to perform additional carpet replacement at both senior centers after determining that further replacement was necessary for safety reasons. The original cost of the purchase when combined with additional authorized by the Building Maintenance Superintendent exceeds $10,000 aggregate limit and requires City Council approval. work the FISCAL IMPACT Funds are available in the Recreation and Community Service Facilities Maintenance Other Contractual Services account (account no. 11-260- 6291) . APPROVED AS TO FUNDS AND ACCOUNTS: .'lev-k I/if Gerardo Moue Executive D'rector Parks, Rec. & Comm. ~. GM/BP/04-140.8:sp Svcs. Agency Francisco Gutlerrez Executive Director Finance & Mgmt. Servi ':\ 22C-1 CS. 383 22C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: APPROVED CONTRACT AWARD FOR GRAND AVENUE REHABILITATION AND WIDENING (PROJECT NOS. 1771 AND 1755) o As Recommended o As Amended o Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~ ac&a C TV MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,731,719.36. 2. Approve a Funding Analysis with a total estimated construction cost of $3,416,000. DISCUSSION The segment of Grand Avenue from Edinger Avenue to First Street has been identified as a high priority on the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adj acent curbs, gutters, sidewalks and driveway approaches are also in various states of disrepair and require replacement. This proj ect provides for construction of new street pavement, replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, driveway approaches and wheelchair ramps. In addition, this project will widen Grand Avenue at various locations to provide for three lanes in each direction between McFadden and Chestnut Avenues. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the street. 23A-1 Grand Avenue Rehabilitation and Widening Project Nos. 1771 and 1755 January 3, 2005 Page 2 The Notice Inviting Bids was advertised on November 1 and 3, 2004 and bids were opened on December 8, 2004. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 21 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY BID AMOUNT 1. R.J. Noble Company Orange $2,731,719.36 2. Sequel Contractors Santa Fe $3,090,050.35 Inc. Springs 3. All American Asphalt Corona $3,206,219.80 4. Palp. Inc. DBA Excel Long Beach $3,267,292.13 Paving Company 5. Hardy & Harper, Inc. Santa Ana $3,488,888.23 A total of six bids were received and all but one were responsive. Alliance Streetworks, Ine. submitted a bid that was incomplete and is therefore non-responsive. The lowest bid was submitted by R.J. Noble Company for $2,731,719.36 which is below the Engineer's estimate of $3,069,876. ENVIRONMENTAL IMPACT An Environmental Review No. 2003-90 has been completed and a Categorical Exemption has been filed for proj ect 1771 pursuant to the California Environmental Quality Act. Environmental Review No. 2002-382 has been completed and Negative Declarations has been filed for proj ects 1755, pursuant to the California Environmental Quality Act. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $3,416,000 for the project (Exhibit 2). Funds are available in the Selected Street Construction Fund (account no. 59-551-6631), the Gas Tax 23A-2 Grand Avenue Rehabilitation and Widening Project Nos. 1771 and 1755 January 3, 2005 Page 3 Fund (account no. 59-551-6631) and the Measure M Street Construction Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: J~~ Executive Director Public Works Agency -rc/r ';t\\r\~~~<:> ~ ~::_ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services K:\Construction\RFCA-200S-3-01\1771 120 WD I Agency 23A-3 FUNDING ANALYSIS PROJECT NOS. 1771 AND 1755 GRAND AVENUE REHABILITATION AND WIDENING Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $2,731,720 $ 94,390 $ 221,948 $ 94,770 $ 273,172 TOTAL ESTIMATED CONSTRUCTION COSTS $3,416,000 Exhibit 2 23A-4 (N. 1. S. ) SANTA ANA .. t City Council · P W A Agenda Date , P\.ll( _5 ACENC' , JANUARY 3, 2005 FIRST WALNUT ST. CHESTNUT AVE. HUNTER AVE WAKEHAM AVE. NORMANDY PL. w ::> z ~ C z <( a: " MCFADDEN AVE. WILSHIRE AV BORCHARD AV [</~I PROJECT AREA AV EXHIBIT 1 Title: PROJECT' 1n1 AND 1755 GRAND AVE. REHABILITATION AND WIDENING FUNDING ANALYSIS PROJECT NOS. 1771 AND 1755 GRAND AVENUE REHABILITATION AND WIDENING Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $2,731,720 $ 94,390 $ 221,948 $ 94,770 $ 273,172 TOTAL ESTIMATED CONSTRUCTION COSTS $3,416,000 Exhibit 2 23A-6 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: APPROVED CONTRACT AWARD FOR WILSHIRE AVENUE NEIGHBORHOOD WATER MAIN IMPROVEMENTS (PROJECT 05-3193) o As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO ~-L RECOMMENDED ACTION FILE NUMBER 1. Award a contract to Engineered Plumbing, Inc., . the lowest responsible bidder, in accordance with unit bid prices for an estimated amount of $460,300. 2. Approve a Funding Analysis with a total estimated construction cost of $575,500. DISCUSSION This proj ect involves the construction of new water main and appurtenances in the vicinity of Wilshire Avenue in the Mid-City Neighborhood (Exhibit I). Work encompasses the construction of new water mains, valves, fire hydrants, and water services. Once completed, this project will eliminate water main breaks and leaks associated with older and deteriorated water mains. In addition, it will enhance water service capacity and provide fire protection to the surrounding neighborhoods. The Notice Inviting Bids was advertised on October 29 and November 1, 2004, and bids were opened on November 20, 2004. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 2 Contractors requesting bidding documents: 11 Bids received: 7 Bids received from Santa Ana Contractors: 0 238-1 Project 05-3193 Wilshire Avenue Neighborhood Water Main Improvements January 03, 2005 Page 2 Name of Bidder City Bid Amount 1. Engineered Plumbing, Inc. Rosemead $ 460,300.00 2. Dominguez General Engineering Rosemead $ 517,550.00 and Construction 3. GCI Construction, Inc. Costa Mesa $ 538,149.00 4. R&L Sewer, Inc. Paramount $ 550,830.00 5. Robert G. Castonogia, Inc. Downey $ 557,848.00 6. J. De Sigio Construction, Inc. Downey $ 581,425.00 7. Savala Construction Company Irvine $ 825,722.20 A total of seven bids were received, and all were responsive. Engineered Plumbing, Inc. submitted the lowest responsive bid for $460,300, which is below the Engineer's estimate of $463,540. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, Environmental Review No. 2004-225 has been completed and a Negative Declaration has been filed for this project. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $575,500 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: d?:~s tlf~ -f'o ~ Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgt. Servi JGR\GA\DI\ET\RFCA\01-1B-05 RFCA 05-3193 65 WD 238-2 SAI~T A AlU , ""I^! /\ t , liV H , PUBLIC WORKS AGE~ICY FIRST ST. MCFADDENAVE ~ 'SCALE: N.T.S.) ~ -.: S u ~ ~ 7JJ ~ o E-4 7JJ ; = ADRlNWAY E-o Vl ~ Vl ~ 7JJ S E-4 ::::> E-< E-4 0 '" ~ Q tl DAHL LN ~ :::< g;: '" E-< '" tl :::< ~ EDINGER AVE. PROJECT LOCATION EXHIBIT 1 City Council Agenda Date JANUARY 3, 2005 Title: VICINITY MAP PROJECT# 05-3193 WATER MAIN IMPROVEMENTS FUNDING ANALYSIS PROJECT 05-3193 WILSHIRE AVENUE NEIGHBORHOOD WATER MAIN IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 238-4 $460,300 17,720 27,450 24,000 46,030 $575,500 CITY COUNCIL MEETING DATE: JANUARY 3, 2005 ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED TITLE: AMENDED AGREEMENT FOR CHEVRON USA GASOLINE SERVICES o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~~ CITY NA ER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amended agreement with Chevron USA to increase the aggregate limit by $10,000 for the purchase of fuel, in an annual amount not to exceed $20,000. DISCUSSION The Police Department utilizes gasoline credit cards from Chevron USA to purchase fuel for its Traffic Division motorcycles. The police motorcycles require use of ~premium" fuel, which is not available from the Ci ty' s Fleet Services Division. The Police Department also uses Chevron gas credit cards for police department vehicles that are used to conduct police investigations outside of the City. Currently, the Police Department spends approximately $1,250 per month to fuel police motorcycles and $400 per month for police vehicles. During the first six months of FY 04-05 the Department has paid Chevron USA approximately $10,500. It is estimated that additional payments to Chevron USA during the balance of this fiscal year will be $9,500 for the Police Department. FISCAL IMPACT Funds are available in the Police Department's Traffic Division Rental of City Equipment Account (account no. 011-333-6511). APPROVED AS TO FUNDS AND ACCOUNTS: p/h--- ~pauI M. Walters Chief of Police Police Department ~\\~~\W'~. \\~-:-ft . Francisco J. Gu\ierre; {- Executive Director ru Finance & Mgmt. Services Agency 'Jf 25A-1 25A-2 CITY COUNCIL MEETING DATE: Q ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 APPROVED TITLE: RENEW AGREEMENT WITH MASK SYSTEMS FOR POLICE JAIL SECURITY SYSTEM ~~TYMA~ o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd 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 the Clerk of the Council to renew an agreement with MASK Systems, for the maintenance and repair of the Santa Ana Police Jail Security System in an amount not to exceed $396,350. DISCUSSION On December 17, 2001, the City of Santa Ana entered into a three-year agreement with two one-year options to provide routine and emergency maintenance services for the Jail Security System. The service provided under this agreement with MASK Systems includes scheduled preventive maintenance of all security systems, emergency and routine repairs of equipment, and an on-site system technician. To date MASK Systems has performed in a satisfactory manner. Police Department staff recommends the renewal of this agreement. FISCAL IMPACT Funding for the agreement is budgeted and available in the Police Department Detention Services Contractual Services account (account no. 011-349-6291) in the amount of $203,770, the Police Buildings & Facilities Contractual Services account (account no. 011-350-6291) in the amount of $18,195 and the Inmate Welfare Fund Contractual Services account (account no. 023-349-6291) in the amount of $174,385. APPROVED AS TO FUNDS AND ACCOUNTS: ~/~ ~aul M. Walters Chief of Police Police Department .~~ ~~~~\.~l'~~ \\:x u- Francisco J. Guti~rrez Executive Director Finance & Mgmt. Services Agency 258-1 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 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 WITH DR. LORRIE BOLDRICK FOR PROVIDING VETERINARY SERVICES .~~~~ 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 Dr. Lorrie Boldrick to provide veterinary services for the Santa Ana Zoo at Prentice Park for a period of one year in an amount not to exceed $40,000. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture to provide veterinary services for the collection of animals maintained. Dr. Boldrick will provide a comprehensive program of preventative and curative medical care for the Crean Family Farm animal collection. Dr. Boldrick has the specialized training and experience needed to care for the domestic farm animals and birds that make up the Crean Family Farm animal collection. Dr. Boldrick will also serve as a caretaker of pharmaceuticals and supervise the administration of pharmaceuticals to the animals. FISCAL IMPACT Adequate funds are available in the contractual services expenditure account (account no. 11-247-6291). J;:~-=Jto:!L Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS & ACCOUNT \ . -=\\\~\'{\.~.\ ~'r' ~ J ~ ~ 1) "--> ,!rancisco Gutierrez ~Executive Director Finance and Mgt. Services Agency 25C-1 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: APPROVED As Recommended As Amended Ordinance on 151 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For AGREEMENT WITH AMERICAN HOT FOOD SYSTEMS FOR BEVERAGE AND SNACK VENDING SERVICES ~~TY~~ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a five-year agreement with American Hot Food Systems for beverage and snack vending services at various recreation centers and parks throughout the City. DISCUSSION A Request for Proposal to provide beverage and snack vending machines at various City-owned properties was issued on September 20, 2004. The Request for Proposal was distributed to ten beverage and snack vending operators. Responses were received from beverage distribution companies Coca-Cola and Pepsi Bottling Group, and beverage and snack vending operator American Hot Foods. A committee of representatives from the Police Department, the Community Development Agency, the City Attorney's Office, and the Parks, Recreation and Community Services Agency met in November 2004 to evaluate the proposals. After a review of the three proposals, it was determined that the proposal from American Hot Foods will provide a superior level of service, product selection and maintenance support. Through this agreement, the City will receive 25 percent of the revenues generated by the beverage and snack machines installed at recreation centers and parks throughout the City. The annual projected revenue for this agreement is $27,000. 250-1 Agreement with American Hot Food Systems January 3, 2005 Page 2 FISCAL IMPACT The City's commission from American Hot Food Systems will be deposited into the Vending Machine Concession revenue account (acct. 11-01-5586-275). APPROVED AS TO FUNDS AND ACCOUNT: fu-~Jr~ Gerardo Moue Executive D1 ector Parks, Recreation and Community Services Agency ':\\\C'\.~'V 0 ~.::: ~. Francisco Gut1errez Executive Director fJ Finance & Management Svcs. Agency 250-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 APPROVED TITLE: ACCEPT DONATION OF CAMERA AND PRINTER DOCK 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 CONTINUED TO ~CI~~ FilE NUMBER RECOMMENDED ACTION Authorize the acceptance of a digital camera and printer dock from a local citizen. DISCUSSION The District Investigations Division of the Police Department recently investigated a case involving the theft of a patient's ring from a local hospital. The thorough investigation led to the arrest of the suspect and the ring was recovered. As a token of appreciation for the work of the investigator, the family of the victim has purchased a Kodak EASYSHARE digital camera and a Kodak EASYSHARE printer dock to donate to the Police Department. The camera and printer dock have an estimated retail value of $180. Both donated items will enable the Division to take and print digital pictures for use in their investigations of other cases. FISCAL IMPACT There is no fiscal impact associated with this action. ~/~ ~pauI M. Walters Chief of Police Police Department 29A-1 29A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET - CARIBOU INDUSTRIES. AP:f2_ ~t:., ~ 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 Receive and file the staff report approving Variance No. 2004-10 (B1 ) for Sign No. Bi (C1) for Sign No. Ci (D1) for Sign No. Di (D2) for Sign No. Di (D3 ) for Sign No. D. (D4) for Sign No. Di (D5) for Sign No. Di and , (E1 ) for Sign No. E as conditioned. PLANNING COMMISSION ACTION Adopted a resolution: 1. Approving Variance No. 2004-10 (B1 ) for Sign No. Bi 2 . Approving Variance No. 2004-10 (C1 ) for Sign No. Ci 3 . Approving Variance No. 2004-10 (D1 ) for Sign No. Di 4. Approving Variance No. 2004-10 (D2) for Sign No. Di 5. Approving Variance No. 2004-10 (D3 ) for Sign No. Di 6. Approving Variance No. 2004-10 (D4) for Sign No. Di 7. Approving Variance No. 2004-10 (D5 ) for Sign No. Di and 8. Approving Variance No. 2004-10 (E1 ) for Sign No. E. At its meeting on December 13, 2004 by a vote of 6:0 (Cribb absent). The variances provide exceptions from various provisions of the sign code for the Orange County Performing Arts Pavilion at 801 North Main Street. The Planning Commission added a condition to ensure of the existing roof mounted sign is removed to the conditions of approval outlined in the attached staff report (Exhibit A) . 31A-1 Variance No. 2004-10 January 3, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~JM St phen G. Hardi g Executive Dire or Planning & Building Agency LL:rb 11\reportS\PC&ZA\va04-10.cc 31A-2 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: FILED BY CARIBOU INDUSTRIES FOR VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN 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 ~ ~?u':iirector ~g Manager RECOMMENDED ACTION Adopt a resolution: 1. Approving Variance No. 2004-10 (B1) for Sign No. Bi 2. Approving Variance No. 2004-10 (C1 ) for Sign No. Ci 3. Approving Variance No. 2004-10 (D1 ) for Sign No. Di 4. Approving Variance No. 2004-10 (D2 ) for Sign No. Di 5. Approving Variance No. 2004-10 (D3 ) for Sign No. Di 6. Approving Variance No. 2004-10 (D4 ) for Sign No. Di 7 . Approving Variance No. 2004-10 (D5) for Sign No. D. and , 8 . Approving Variance No. 2004-10 (E1) for Sign No. E. Prior Planning Commission Action At its September 27, 2004 meeting, the Planning Commission denied the applicant's request to allow a roof mounted sign with a reader board component (Sign A) and continued the remaining items to allow staff and the applicant an opportunity to review additional details regarding the proposed cabinet signs. After consideration, the applicant has withdrawn his variance request for Sign A. EXHIBIT A 31A-3 Variance No. 2004-10 December 13, 2004 Page 2 DISCUSSION Request of Applicant Caribou Industries is requesting approval of eight variances from the Santa Ana Municipal Code (SAMC) to allow a total of four wall mounted signs for the proposed Orange County Performing Arts Pavilion to be located at 801 North Main Street. Variances B1, C1, D5 and E-1 are to allow internally illuminated cabinet signs. Variance D1 is to exceed the number of secondary signs i D2 is to install a sign on a location not allowedi D3 is to install a sign above 20 feet from street finish grade and D4 is to exceed the maximum size of a secondary sign. Property Description The project site is located on the northeast corner of Main and Eighth Streets. The zoning designation for the site is Midtown Specific Plan (SP-3), with General Plan land use designations of District Center (DC) and Professional and Administrative Offices (PAO). The proposed use is consistent with both General Plan land use designations. Surrounding land uses include a theater and commercial uses to the northi a parking lot, multi-family residential and a commercial building to the easti and commercial uses to the south and the west (Exhibits 1 and 2) . The project site is an approximately 0.98 acre, L shaped parcel of land that has street frontage on Main, Bush, Eighth and Ninth Streets. It is developed with a 46,750 square foot, three level building formerly used by Bank of America. The site has 49 on-site parking spaces, with 13 of the stalls assigned via an easement to the adjacent theater use for required parking. As a result, the net number of spaces available at the site is 36. However, an additional 225 parking spaces located at 1055 North Bush Street and 1055 North Main Street, and 53 parking spaces at 809 North Bush Street/202 East Ninth Street will be made available for the use of the Orange County Performing Arts Pavilion patrons subject to approval of a variance. Project Description Caribou Industries is remodeling the existing vacant bank building to house the proposed Orange County Performing Arts Pavilion. The proposed venue will consist of a 374 - seat theater, a restaurant and ancillary offices. To provide identification for the venue, the applicant 31A-4 Variance No. 2004-10 December 13, 2004 Page 3 proposes to install four internally illuminated wall signs (Exhibits 3, 4, 5, 6, 7, 8, 9 and 10). Sign B, C and E are 49 square foot signs composed of reversed channel letters with a cabinet above. A sign will be installed on each of the building's three street frontages. Sign D is identical to the other signs, except that it is 140 square feet in area. Analysis of the Issues Signs have a direct impact on the quality of the visual environment. When displayed correctly, along with serving as business identification, they can help improve community identity, conserve property values and improve traffic safety. When improperly displayed, they can promote visual blight and clutter. The Sign Code is designed to communicate positive community standards by establishing guidelines for size, location, type and number of signs. Sign B, C and E are wall signs with three-foot, four inch high internally illuminated reverse channel letters and an II-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. In 1991, the City Council approved a comprehensive update to the City's Sign Code which included the prohibition of new cabinet signs due to their poor architectural quality. The new regulations favor individual channel letters, which are more architecturally compatible and aesthetically pleasing. At the September 27, 2004 Planning Commission meeting, the Commission requested staff meet with the applicant to review the details of the proposed cabinet signs. Based on this meeting, staff has determined that the proposed cabinet signs are fabricated of high quality materials and are attractive, tasteful, modern in design and architecturally compatible with the architecture of the building. The proposed cabinet signs meet the intent of the code, which is to promote high quality signage. Additionally, the installation of the cabinet sign will minimize the need for drilling holes into the building fa9ade and therefore minimize damage to the natural marble clad building. The cabinet component of the sign will require six supports, while the individual letters would require at least 26 supports. Since marble is a natural material with a unique pattern and color variations, optimum repairs could be difficult to achieve once the sign is removed. 31A-5 Variance No. 2004-10 December 13, 2004 Page 4 Sign D is located on the north elevation and is composed of a 16-inch high internally illuminated reverse cabinet sign above five-foot high internally illuminated reverse channel letters. However, in addition to a variance for the cabinet component of the sign, Sign D will also require variances for its proposed location and size. The main regional vehicular access to the site is from the north on Main Street. The building currently uses a roof -mounted sign for identification, which the applicant will remove since it has lost its non- conforming status. To maintain the business identification, the applicant is proposing an additional sign viewable from Main Street, since the sign that could be located in compliance with City code would be blocked by the adjacent neighbors' non-conforming roof mounted signs. Therefore, staff will support the proposed location, provided the applicant is able to obtain an easement from the adjacent property owner for the proposed seven and one-half inch encroachment. Based upon the analysis of the project, the project's compatibility with the City's General Plan and the City's intent to promote high quality signage, staff recommends that the Planning Commission approve Variance No. 2004-10 for signs B, C, D and E as conditioned (Exhibits 11 and 12) . CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. II u~ LL:JM 11\reportS\PC&ZA\va04-10.121304.pc 31A-6 Cl C1 ~ d ~ C2 Al Rl Rl I;; > i ~ p SO-20 o C3 rc3l C2 -HD11 ~ -HDtI ~~~ L-R~-10 :[~'IJ~~l . ,~ C3-A C3-A ,~, SO-I J C3-A I C3-A -fi" I :~" I -'I:O--O--r-rrsD-l QQ~b1IcJ~~ { C2-,," I ~ ~ "C2-"" I;;l r;l : :~ ~l:J~l:Jl:J~~QQ~~i'" R2! L:JL.:J IBDDDDte~CM~~~~8: :: II :: :1 :: II :: :1-:-lw:;ST1: ~::T: bn nn n rr;ti c- tlLfJr~tfJQD OD ~ QQ ~ GrJ !II IISMI SMII"Bllnollnollnol(R3lGQ~QQQQ~ o SO-13 SO-2 WALNUT ST. o Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP A VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A GI' - = 500 FEET 1. = 1000 FEET P LAN N N G AND B U L D N G AGE N C Y 31t~ 1 A P LAN N N G OCHSA l- I- I PARKING I W W W COUNTY W a: a: <t) I- OF I- C/J C/J ~ ~ ORANGE ~ ~ - - PROBATION 1lC 1lC OFFICE a: a: <( <( ~ ~ Lu NINTH STREET (.) ~ .... ~ <( t-= - C/J 1lC I- Z <( 0 ~ Lu W Cl " RESIDENTIAL a: <t) ~ Lu Q. COMMERCIAL a: C/J "- EIGHT STREET .... PARKING .... Z COMMERCIAL "- C( .... (.) :r: <( I- :E C/J - RESIDENTIAL ~ (.) Lu Lu m Lu Cl ~ ~ ~ <t) 0 COMMERCIAL 0 0 Lu (.) (.) a: CIVIC CENTER DR. VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET AND B U L D N G AGE N C Y EXHIBIT 2 31A-8 A r9{' Sign Variance Request Summary Table Sign Description Variance Code Purpose No. Section Status A A 148 square foot roof A-I 41-860(3) To allow a sign that gives Withdrawn mounted sign with an 18 the illusion of motion by applicant inch LED text display area in A-2 41-862 To allow a roof mounted Withdrawn the lower portion SIgn by applicant B A 49 square foot internally B-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters and a cabinet on the west elevation, facing Main Street C A 49 square foot internally C-l 41-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters C-2 41-863(b )(2) To exceed the maximum Withdrawn and a cabinet on the south size of a secondary (Applicant elevation, facing Eighth elevation sign reduced Street sign size) D A 140 square foot internally D-l 41-863(a) To exceed the number of illuminated sign composed secondary wall signs of reversed channel letters allowed on a building and a cabinet on the north D-2 41-863(a) To install a wall sign on a elevation location not allowed D-3 41-863( d)(1) To install a wall sign above 20 feet from street finish grade D-4 41-863(b )(2) To exceed the maximum size of a secondary elevation sign D-5 41-863(e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-l 4l-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters and a cabinet on the east elevation, facing Bush Street VA 2004-10 EXHIBIT 3 31A-9 aD aRT .:.. Fi.iRN c-;nr,"~Lll.i"~V 2321 ROSECRANS AVE. SUITE 12S0 El SEGUNDO, CA 90245 T 310.297.9777 F 310.297.9780 CA HATE CONTRACTORS LICENSE I8260S1 BUSH STREET @ @ NORTH MAIN STREET Total Sq. Ft.:- 223' -0. - ..-tJllll., !We -~ 8CIlLE: 8It!n 1llIIIo1I.~ 1_1 -- _E...-II - 1 ~"""'C>>Ll': ....... -.........-................ .............................. ~ =:::~............ M.L......R&IiIIViD: lilt................. I:r}lllll............ ................. =- "'AOMr. ~ ::.':':.'::""...::=_ In..,..-......,..___ 31 J(<-HlEOT 4 WSRlIER-. UlNlLORD-. 1-. LLI LLI 0:: 1-. en :t: 1-. 00 ~ S _I 1.1 ....-4 Ilrl- ~ ~ . I Jill . I ~ (]) It. if. J I t - I:.il I!II Hll ~ I dmll . ~I . I ~ Ii I Ihu dI~ ~ Ildil I .a I PO ~ EXHIBIT 5 8th 81. Elevation ZJZl 1U:lI5EC1lAN5 AVE. sum: 1250 EL SEGUNDO, CA 90245 T 31 0.297.'177 F 31 o.2'7.'11G _11._ - .... _E._. - . -- l~. iiiiin.... Ci:irviE34NV 01 sr,..n: COIn1lllCn:IIlS UCIJIR_' ---- ------ ---.-......-. - =====----. ~- -------- ......--......--... .....-.::...-.-- Cr-....=~- 311tU~IE6 ~:'" iliiiU::~ N COiYiwa.NV BDBRT ... ~/_ll: IMIE: _1Ir. --= - _II~ ..... .... __E...... - I - aZI ROSfOlAN$AYE SUITE IZSO eL SECUNDO, CA 90245 T 31G.217.1>>77 F 31G.217.1>>1O 1Ma.llIID_ {A ~1'E CDNT'IIICTOU UCDIIE naRt51 __.-z =::...._::w,.-=. =.::.....~~... IIU.__....___ ===r~=-"':!:"'.t.. -~==--::...- 3,'WLBtTj' Bush St. Elevation aD aRT ~ P.J1VI LID" -- -,.- - _I'r. -- - --- ...., ... _L~. - I - .~. liiiUaIIN r!n~Dn.f\JV 2321 ROSECRANS AVE. sum: 1250 EL SECUN DO" CA 9CIZ45 T JUU'7S7n F mL2'7,971O -- CA.,.A....~UCDI._1 --,. ==:...__:..-....~ ==:==-..-.... ------ _..__.___t.- ......-..-..--- -....-.....--..-- "'..--- 3 f~!~Il8 LI ~ Day SlInulatlon . . 800'.: I". -1' -0. ~ Night Simulation WALL LEITER SPECFICAI10NS 800'.: Ila' -1' -0' ____ ______......_IF______~ ......... ...... "" - - ....... -- . III ~ ClIIIr logo CClpUe IIcUId .o63N.rNul AilIrlIId 1oW'..~.., \&IGI) TIIlt I'" AillIlIo ....-a NIl' YINI8" 7U1 IlIIIIII "MIlICN" .0901Urbm ...... ~ ".. 2M4ll MIIaIc e., ItmD IbrhlIan 16nm NIlan lID ... _HIiOO aD BRT - _,_e .... -.. IlIIfII2 IIIIE1: .:. ....AN r;nlWll5iitAI'WV Z3Z I IlOSI:CJIANS "WI. sura 1Z 50 B. SB;UNDO, CA lIOZ45 T JlO,ZI7.1t717 r JlO,Zl7.911O -..- - - _I!._. - 1<111 -- UIIlLCIIIINflIlIIIL CA5TA.1'E~lICEM5E""!lil ---~ =:... ---::. ===----- ----......._- -.--.---- ,....---_._- ---..::'%.....-- 3Ff~~~ 5 - - , ,.. I: cp t- III C? fa @ Day Simulation 8..1.: S/.. -1' -0. o Night Simulation e..I.: SI.. -1' -0. WAU.l.ETTER SPEClFICAIIONS ~ -...--(1)...------_... -............ , - T - ........ 'II" ~ - - I.OOOQlpUe RlIuIId .D6I M.r/'tUl PaN8cI .w .... MllalcQll\< laglI r.I lJrAmvlc~ ~ ..... # 7328 IlIIIIa "'MIIIICN" .DPOMI'rbm __ ~ MIIIP-" w.laIca., ..~ 1..-m Necln". "'" ... *6IlCO BDBRr ~ P~VILIO" -- ~/_1It 11m!: _lIP. ..., - au.lle.. ..... - ___I - . -- I~" &ICiiN .-:r11W'11C1.o.NV aZI ROSEDtANSAVE. SUITE llSO ELSECUNDO, CA ~~5 T )10.;151.11777 F )10.;1''''710 ~sn:n:~L.:;~""':1 --- ----...-- ......... ...................... ..... ==~............. ~ M.L_IlI__.....__ _.._-.~..._... -=-..- .:r,::......:=::-- ---- ~~~21lf Variance No. 2004-10 December 13, 2004 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 subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. One of the main vehicular accesses to this building is from the North. While the building has a frontage to the North, it is obstructed by non-conforming roof signs on the adjacent property. In addition, while this building is two stories due to the particulars of its use, the total height of the building is consistent with that of a three-story building. Signs located above 20 feet from the street are permitted on those buildings in compliance with the Sign Code. Therefore, the strict application of the zoning code deprives the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of Chapter 41. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is not necessary to preserve property rights as the Orange County Performing Arts Pavilion will still maintain the ability to modify signage to meet City codes and allow identification of the business. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for signage will not be detrimental to the public welfare or injurious to surrounding property as conditioned. The proposed signs are of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. VA 2004-10 EXHIBIT 11 31A-17 Variance No. 2004-10 December 13, 2004 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 not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. 31A-18 DECEMBER 13, 2004 PAGE 1 OF 1 Conditions for Approval Variance No. 2004-10 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2 . Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Variance No. 2004-10 (D1), (D2), (D3), (D4) and (D5) shall be of no force and effect and null and void for all purposes until an easement for the encroachment of the sign into the adjacent neighbor located at 809 North Main Street is recorded. VA 2004-10 EXHIBIT 12 31A-19 KO - 12/21/04 I RESOLUTION NO. 2004-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-10 TO ALLOW MULTIPLE VARIANCES FROM THE SIGN CODE FOR THE PROPERTY LOCATED AT 801 NORTH MAIN 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 eight (8) variances from the Santa Ana Municipal Code (SAMC) in order to allow a total offour (4) signs at 801 North Main Street. B. The Signs proposed by the applicant, and the necessary variances include: 1. Sign B is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 2. Sign C is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 3. Sign D is located on the north elevation and is composed of a 16- inch high internally illuminated reverse cabinet sign above five-foot high internally illuminated reverse channel letters. However, in addition to a variance for the cabinet component of the sign, Sign D will also require variances for its proposed location and size. 4. Sign E is a wall signs with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 5. The applicant withdrew his application for Sign A. 31A-20 Resolution No. 2004-50 Page 1 of 4 C. On September 27, 2004, the Planning Commission held a duly noticed public hearing and continued the hearing to October 11, 2004. 1. On October 11, 2004, the Planning Commission continued the hearing to October 25, 2004. 2. On October 25, 2004, the Planning Commission further continued the public hearing to November 22, 2004. 3. On November 22, 2004 the Planning Commission continued the public hearing to December 13, 2004. O. The Planning Commission determines that for Variance No. 2004-10 (B 1) for Sign No. B; (C1) for Sign No. C; (01) for Sign No. 0; (02) for Sign No. 0; (03) for Sign No. 0; (04) for Sign No. 0; (05) for Sign No. 0; and (E1) for Sign No. E the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have 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. 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 substantial property rights, which rights are enjoyed by other similarly situated properties. More specifically, visibility of the subject building is blocked by structures on an adjacent property. Further, the existing building on the subject site has the height of a three-story building but is only a two-story building, thus sign height standards unnecessarily constrain the placement of signs on the building's walls in that they would be awkwardly located. Further, the proposed performing arts use is of a regional nature, which nature necessitates sufficient and additional sign visibility to adequately serve the motoring public. Finally, the design of the proposed cabinet signs, which incorporates an internally illuminated reverse cabinet design, is of extraordinary quality. The prohibition on cabinet signs was primarily focused on inexpensive, plastic and sheet metal cabinet boxes. 31A-21 Resolution No. 2004-50 Page 2 of 4 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. As indicated above, unique circumstances warrant relief from the sign regulations to ensure this property enjoys substantial property rights, including rights to properly and adequately identify the location of a regional performing arts facility, which rights are presently enjoyed by other similarly situated properties. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for signage will not be detrimental to the public welfare or injurious to surrounding property as conditioned. The proposed signs are of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Approves Variance No. 2004-10 (B 1) for Sign No. B; (C 1) for Sign No. C; (D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E as conditioned. The Conditions are attached hereto as Exhibit A and incorporated herein as though fully set forth. 2. 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. 31A-22 Resolution No. 2004-50 Page 3 of 4 3. Attached hereto and incorporated as though fully set forth herein is Exhibit B, a matrix summarizing the signs, the variances and the action taken by Planning Commission. ADOPTED this 13th day of December, 2004 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy 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. 2004-50 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Clerk of the Planning Commission City of Santa Ana 31A-23 Resolution No. 2004-50 Page 4 of 4 Conditions for Approval for Variance No. 2004.10 Variance No. 2004-10 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of OP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning ~ivision for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Variance No. 2004-10 (01), (02), (03), (04) and (05) shall be of no force and effect and null and void for all purposes until an easement for the encroachment of the sign into the adjacent neighbor located at 809 North Main Street is recorded. Exhibit "An 31A-24 Sign Variance Summary Table Sign '....In VaFlan. Ged. pu... No. . section StllU$ A A 148 square foot roof A-1 41-860(3) To allow a sign that Withdrawn mounted sign with an 18 gives the illusion of by inch LED text display area motion applicant in the lower portion A-2 41-862 To allow a roof Withdrawn mounted sign by applicant B A 49 square foot internally B-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the west elevation, facing Main Street C A 49 square foot internally C-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sian and a cabinet on the south C-2 41- To exceed the Withdrawn elevation, facing Eighth 863(b )(2) maximum size of a (Applicant Street secondary elevation reduced sian sign size) D A 140 square foot D-1 41-863(a) To exceed the number internally illuminated sign of secondary wall signs composed of reversed allowed on a buildina channel letters and a D-2 41-863(a) To install a wall sign on cabinet on the north a location not allowed elevation D-3 41- To install a wall sign 863(d)(1 ) above 20 feet from street finish arade D-4 41- To exceed the 863(b )(2) maximum size of a secondary elevation sian D-5 41-863(e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the east elevation, facing Bush Street Exhibit "B" 31A-25 31A-26 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: VARIANCE NO. 2004-08 TO ALLOW OFF- SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET - CARIBOU INDUSTRIES, APPLICANT ~~~ CITY MANAGER 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 CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2004-08 as conditioned. PLANNING COMMISSION ACTION On December 13, 2004, the Planning Commission adopted a resolution approving Variance No. 2004-08 as conditioned by a vote of 7:0 to allow off-site parking for the Orange County Performing Arts Pavilion at 801 North Main Street. The Planning Commission modified Planning Division condition No. 2 to require that the applicant inform the Commission of any proposed changes. The Commission also clarified Police Department condition No. 2 to assure that any graffiti on the marble finish be removed in order to preserve the original finish and not simply painted over. The recommended conditions of approval are contained in the attached staff report and accompanying resolution (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~ Steph r: G. ~arding)F Executlve Dlrector Planning & Building Agency LL:rb 11\reportS\PC&ZA\va04-08.cc 318-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - FILED BY CARIBOU INDUSTRIES FOR VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN 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 4t ~u{fj~ctor ~nning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2004-08 as conditioned. Prior Planning Commission Action At its September 27, 2004 meeting, the Planning Commission adopted a resolution approving Variance No. 2004-08 as conditioned. On October 25, 2004, the Planning Commission voted to reconsider the approval of this application. DISCUSSION Caribou Industries has taken the opportunity to review the economic feasibility of the proposed Orange County Performing Arts Pavilion. As a result, the applicant is requesting to modify the variance request with respect to the restaurant so that it may operate during daytime hours. The proposed hours of operation are Monday through Friday from 10:00 a.m. to 10:30 p.m. on days with no scheduled theater performances and until 12:00 a.m. when operating concurrently with the theater. On Saturday and Sunday, the restaurant is proposed to operate from 10:00 a.m. to 12:00 a.m. The applicant has reconfigured the restaurant's floor plan, which will now accommodate 70 patrons, 10 more than the previous capacity of 60 patrons. In addition, the applicant is proposing a second ancillary bar at the restaurant level to service customers since the restaurant will be operating when the theater is dark and the first floor bar would be closed. The restaurant level bar will be approximately 200 square feet in size and will accommodate alcohol storage and service (Exhibits 1, 2 and 3) . EXHIBIT A 318-2 Variance No. 2004-08 December 13, 2004 Page 2 The proposed changes have resulted in an increase in the size of the restaurant to 4,500 square feet, which in turn has resulted in an increase in the parking requirement. The parking requirement for the evening and weekend uses (theater and restaurant) is now 266 spaces (formerly 260). The parking requirement for the daytime uses is 42 spaces for the office and ancillary storage use and 45 spaces for the restaurant for a total of 87 spaces (formerly 84). Based on the revised parking study, the number of parking spaces controlled by the applicant exceeds the number of parking spaces required (Exhibits 4 and 5). Therefore, there will no negative impacts to the community. To accommodate the proposed changes, Planning Division Condition Nos. 4, 6, 10, 11 and 14 have been modified and one additional condition (Condition No. 17) has been added. In addition, since the applicant has submitted landscape plans that comply with current code requirements, Condition No. 13 has been modified (Exhibits 6 and 7) . Since the proposed changes do not create new impacts to the community and the project continues to be compatible with the City's General Plan and the standards adopted by the Midtown Specific Plan, staff recommends approval of Variance No. 2004-08 as conditioned (Exhibit 8). CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. U--u II Vincent Fre Senior Plan LL:JM 11\reportS\PC&ZA\va04-08.121304.pc 318-3 [.1 ~" ~!Ul i I,. & o zoo. ~ . ~ . ~ . 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ZM ~~ ~~ ~[ '" ~~ ~ t9 c:::.:.r:> r- ~ ~~ w ~ @@ 0 0 ~~ g 00 t:;tn o~ ::00 00 ::;u l;:' ~ ~ ~ ~ 9 ~ z ~ ~ ::i Oi g Z o " Oi ~ '" o<=- OZ d >-~ ~~ ~~ <<;:; "'0 0>- t;;~ 00 ::0::0 ~~ Z '" ::> .u o Z VA 04-08 EXHIBIT 2 EI I!I s => <( 5~ z'" >=0 "'u ~~ EI !I EI a ~ll ~ EI ~ EI ~ s;:- 00. ex:: -<<>: a 0 =ww u.: 0 "'0 z i~ .,.; <( EI ..,. ~8 '" ex:: N 0", ,..; 0 ~ !l 0 2- ~ <( a a ill I!I ~ ex:: <( ill 0 !I ~ 0 !I f- V) !l f- a a Z ill !I ~ ill V) <( co ~ lLlLlL ~~~ -00000 ~ ~ -0 ..,. N <0 ~ :0 o u...:u.:u.: viviv5 -0-00 M "'00 lL u.: vi vi -0 N 0- '" <>: w '" <>: ~ '" '" u o ~~ w~ 0~ ~ l'lo z;"" w ~tn ~E ~ ~~ ~~ffico 00 0!;20 0 ::; ~ ~~o ~ "'w 2::2:Sd. 2 g0 ~~ 0 ~ '* o~w",z i'i2 0 ---l =:iO<.9x::J ~ ::l <>:~tn~Co0'" 0 tuLUa=:O-~~ ~ o Wii6 ~ ~ Z w ::2: ~ co ~ ;;S '" <>: l'l Z >= '" w '" o Z VA 04-08 EXHIBIT 3 6oGIt-SH'1 ~ in D,o JIt lOa6 V:J 'vNV V lNVS 133HS NIVV'I 'N 108 NOlllmd SlW DNIV'I~O~~3d AlNnO:J 3DNVlIO i! 'oIOlld SJ IWION SIal _~ - IWION 0lIIllIXl N\'ld lllS 11 llll r:-~ ] I ~:I~lU ~ ijiJUH < ~. ,.. ~ , , 1'1 ., P I, <; ~ ~! Hn ..~ ~ ~~~~~! :0;': << ~,~,:~-<,~<,:w~, s ~I ~~~ [i~o 0 _ c~~ ;~~~~ ~(C ~ "~~ ~; g ~ ~'-- -~~ i ~; ~~ ~ ~ i~, ~~ . ~ ~ W,. J ihi,' ~~i ~u~!,~.,~f ~~, ~~ C;:"f,: 'z.'~6 ~ :.:. d z: ~c 1;- ::i~ c..., 'Owe:! ::;~ - ~z i!mm i Hfin~ m mi~ m; ~ ~ Legend 1 - 1055 North Main Street 2 - 1055 North Bush Street 3 - 809 North Bush 202 East Ninth Street 31.A~;~84 .......- City of Santa Ana ORANGE COUNTY PERFORMING ARTS PAVILION Shared Parking Study Prepared by: Austin-Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, California 92705-7827 (714) 667-0496 December 6, 2004 VA 04-08 E)(J:UBIT 5 31 ts-8 ORANGE COUNTY PERFORMING ARTS PAVILION Shared Parking Study INTRODUCTION The Orange County Performing Arts Pavilion (OCP AP) is currently converting a 46,725 square foot office building at 801 NOlth Main Street in the City of Santa Ana, into a 374-seat theater and 4,500 square foot restaurant, which will be open after 10:00 ANi, seven days a week. The site itself includes 49 parking spaces, 13 of which are shared use. An additional 53 are located immediately across Bush Street. The theater and restaurant use will rely on a shared use parking alTangement with two parking lots (i.e., 1055 North Main and 1055 N. Bush Street). This parking study examines those sites to ensure adequate parking is available. The City parking code requires one parking space for each three seats and one space per 28 square feet (sf) of assembly area for the theater use, one space per 100 sf of restaurant use and three spaces per 1,000 square feet for office use. Based on 374 seats, the City code parking requirement equals 125 spaces for the theater seating area and 86 for the lobby/assembly area. In addition to the theater (15,055 sf) there is also a restaurant (4,500 sf) and a small bar (100:t sf). Based on the City of Santa Ana parking code, the theater and restaurant requires a total of 266 parking spaces, assuming the offices are vacant after 6:00 PM. Assuming no more than 10 percent of the office would be in use after 6:00 PM, the maximum peak parking demand for the evening uses is estimated at 274 spaces (266 + 8). The total office space and storage available is 27,200 square feet. This creates a parking requirement of 87 parking spaces (22 for office, 20 for storage using warehouse rate of one space per tsf, and 45 for the restaurant) for the day use of the building (prior to 6:00 PM). However, the issue of code required parking is complicated somewhat by the multiple use of the building. During the normal workday (8:00 AM - 5:00 PM) of the total 27,200 square feet of the building only 7,200 square feet will be utilized as office space and the remaining 20,000 square feet for storage, which SUPPOlt the theater's props and equipment. The theater will only be used in the evenings (i.e., after 6:00 PM) when the office is closed. The restaurant will be open both during the day, in conjunction with the offices, and in the evenings, in conjunction with the theater. Although the City code parking for a theater is one space for three seats, and this is a typical requirement, a sold-out pelformance with staff, actors and audience could exceed 108 spaces. A typical peak parking demand for a theater based on actual vehicle occupancy ranges from 2.25 to 2.75 persons Orange County Performing Arts Pavilion SI1!.,'td Parking Study Austin-Foust Associates, Inc. 924001 Rpt4.doc 318-9 per vehicle (i.e., other than staff, very few patrons drive to a theater performance alone). Use of a worst case scenario of 2.0 persons per vehicle indicates a peak parking demand of 187 spaces. However, the City code calculation of 274 spaces remains the clitical issue. Therefore, it is concluded that for a sold out performance, shared parking for about 225 spaces (274 - 49) will be required. The next question is "Are there at least 87 spaces available before 5:00 PM and 225 unused spaces available after 6:00 PM, and if so, where are they and what guarantee is there they will be available long term?" An actual count of the available parking (after 5:00 PM) in the lots controlled by this property owner is 613 spaces - well in excess of the 225 required. Table 1 illustrates the availability of parking on-site and in the adjacent parking facilities controlled by this property owner. It reveals adequate unused parking is available after 5:00 PM to meet this building's shared use demand. During the daytime there could theoretically be a small parking deficit if the office is fully occupied during lunchtime when the restaurant is also fully occupied. However, there are 53 parking spaces located at 509 North Bush Street and the 202 East Ninth Street lot, which the owner controls and are available as shared use to satisfy any additional lunchtime parking demand. A field count of the lunch time vacancies in the controlled lots was conducted to determine if sufficient parking was available. The results, shown in Table I, reveal more than 485 spaces are available during the lunch hours. Caribou Industries, the owners of the OCPAP. theater, also owns a number of other office buildings within close proximity to this theater. Table 1 identifies two other existing parking facilities controlled by Caribou Industries directly across the street from the OCP AP theater that can provide shared parking. These parking facilities are all virtually empty after 5:00 PM as they support office uses in the area. As indicated in Table 1, there are a total of 793 parking spaces available, virtually all of which are unused after 6:00 PM, which can more than supply the 225 or so shared use spaces for the theater. CONCLUSION In summary, it is concluded that based on a "worst case" scenalio of a sold out performance that shared use parking of up to 225 spaces may be needed by the OCP AP theater as well as up to 87 spaces for the daytime restaurant and office use. These spaces can be supplied from Caribou Industries Orange County Performing Arts Pavilion Shared Parking Study 2 Austin-Foust Associates. Inc. 92400 I Rpt4.doc 318-10 controlled facilities within two blocks of the theater. These shared use facilities encompass a total of 793 spaces, which have sufficient vacant space during both daytime and nighttime and their continued availability can be assured since Caribou Industries owns and controls them. A condition may be needed which specifies that valet parking service may be necessary during lunchtime if the restaurant proves very successful. Orange County Performing Arts Pavilion Shared Parking Study 4 Austin-Foust Associates, Inc. 924001 Rpt4.doc 318-11 Table 1 AVAILABLE "SHARED USE" PARKING FOR OCP AP (i.e., within two blocks) Total Spaces Spaces Vacant Spaces Vacant Spaces Vacant Lot Location Available @ 12:30 PM @ 2:30 PM @ 5:30 PM 1 1055 North Bush 174 94 38 169 2 1055 North Main - Parking Garage 517 391 33 434 ___.._ ~_Total 691 485 71 613 3 801 North Main (on-site) 49 * 27 36 49 4 809 N. B ush/202 E. 9th 53 27 12 I 46 TOTAL 793 529 119 708 * 13 of which are shared use with others Orange County Performing Arts Pavilion Shared Parking Study 3 Austin.Poust Associates, Inc. 924001 Rpt4.doc 318-12 i/ H ~ ~ ~ g . ~ . iqm ~ ~ . ~ III U ~ ~~ ~ ~ i i~ I~ ~ m~ g~i ~ ~ o~ ~ ~u z ... 5~ ~ ~ UH~ H~u i/ <~ ~. ;; ~-. ~ g "i~. ~ ~ I~' ~'oa ~ ~~ l;; i i!S 56 ~ ~ ico9i g~~~~ ~~ih .~o." m;i m~, . ; ~ ~ " "~ ~~~U~~;~~~ ~i !Uh~!;~m ~o ~08~~~ h~~ ~ ~!1-~z' 6~.~ ~f .~~~~~~~~S~~ ~ll!~~:t~~8~~~::to~ .hh"i!'~.!1.. ~ ",O~~5;;;~91;t~~~ .~~i.~i.~~H~~ ~~3~~g~~~~gp. :I::!!l~:;~~:;i2!i!i",:~ ~~~il"'ilhz.r!1~ ~ z~~~~~~~~~~~~~ , -~ 'w~'..'wo.o ~ ~..._h~J:&~"'''''':~~f ~ ~ ~ ~ ; d I ~~i ~~ i u~~~; if i ~ ~ ~ I! ~ i .E.~ 6u- ~w ~~~9g~it'J~ ."w.w~~o~ O~~.'G9~9 ~o ~g i~il ~~ ~~;~9!t~~;ta 2...; ......; .. 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'" ~~ ~ ~ ~ ~ ~~ ~ ~ Q~~ ~~~ ~~~..@a~?~~ ili~;~ ~~ ~~~i~~ !~ ~~ ~ ~~ ~ ~ E~ ~ _~ ~~~ ~~i ~eo~i~~!I~. ~i~~~6 ~~ o2~ ~i ~~!e ~ i~ ~~ ~ ~~ ~~~ ~~~~~!~ g~~~~~~!~;~_;;~~~~ ~~; ~~~i~~ ~i ~i~ I ~~ ~! ~!< ;~ ~~~ ~~~~~~~ .~~~~5~~~..~i~5~~~ @~~ ~~~~~~ .~ ~a2 ~ ~~ ~~ z~~ "'Q. ~i:li~ :;:~;t>-Q. ~e<2zla:;~<tl;!.c .,; u o...~ci "- .3oe ;;t~ . ~ ~ ~~ ~~ e~ ;~ e~ o~ 5~ s~ h ~~ h .> .> .- ~ ~~i ~U ~n ~ s~~ ~~~ ~~~ ~030 3 ~ . [ d ~il ~ ~ . ~!rl ~ li~ ~e ~ o'~ ~~8 ~ 95~ ~~>8 ~ ~~~ ~~i: ~ 8 ~: ~~~~~ ~ ~~~ ~.; I EID il!l!ii ~~ ~i~! "~!!!l " !i~~I~~ z mml ~ ...; ..;.,.:2 = 1lIl......._ DECEMBER 13, 2004 PAGE 1 OF5 Conditions for Approval Variance No. 2004-08 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance 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 variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater, rcot.::l.Ura.nt and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. (Modified by the Planning Division) 5. The truck loading area shall only operate between 8: 00 a. m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of ~ 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property VA 04-08 31~~~T5 DECEMBER 13, 2004 PAGE20F5 with ~ 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. (Modified by the Planning Division) 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. 8. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. 9. Directional and convenience signs, in compliance to the Santa Ana Municipal Code section 41-872, shall be provided to direct theater patrons to the appropriate parking location. 10. A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed prior to issuance of the Certificate of Occupancy and approved no later than nine months after issuance of the Certificate of Occupancy. (Modified by the Planning Division) 11. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street, to oerve .:10 required p~r]dng for the office uoe ~t 801 Uorth rq~in Street. The exclusive use easement shall not be :required if this lot is included in the parcel map :required by Planning Division Condition No. 10. (Modified by the Planning Division) 12. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. 13. The parking facilities used to satisfy requirements shall be improved to comply with codes. The ~pplic~nt oh~ll comply 'liJith l~ndoc~pe pl~n conditiono: the parking all applicable the follmJing 318-16 DECEMBER 13, 2004 PAGE 3 OF5 fr7 801 North ~1.:lin Street: The l.:mdoc.::l.pe pl.::l.nter .::l.long Duoh Street from Bighth to Ninth Street oh.::l.ll ret.::l.in the exioting bottlebruoh treeo, provide .::l. hedge of five g.::l.llon oize pl.::l.nt materi.::l.l '.;i th t..,"O pl.::l.nto per .::l.dj .::l.cent p.::l.rJdng op.::l.ce of N.::l.t.::l.l Plum (C.::l.rioo.::l. m.::l.crocarp.::l. 'Tuttlei') under the exioting bottlebruoh treeo, .::l.nd pro~ide i~r/ ger.::l.nium .::l.0 .::l. groundcover. ~ddition.::l.lly, the three .::l.bove gr.::l.de pl.::l.ntero .::l.long Bighth Street oh.::l.ll provide three groupo of eight foot b.::l.re trunk height King P.::l.lmo (Se.::l.forthi.::l. eleg.::l.no), one g.::l.llon oize yello..; d.::l.ylilieo (IIemeroc.::l.llio 'Stell.::l. D' Oro' ) .::l.nd blue d'.;.::l.rf .::l.g.::l.p.::l.nthuo (Ag.:1pz:mthuo \ I'ctcr I'a.n') op.::l.ced 18 incheo .::l.p.::l.rt, .::l.nd one g.::l.llon oize red iv/ ger.::l.nium op.::l.ced .::l.t 18 incheo .::l.p.::l.rt. Fin.::l.lly, the t'..'O l.::l.rge oqu.::l.re pl.::l.ntero .::l.t the ~4.::l.in Street entr.::l.nce oh.::l.ll provide one 15 g.::l.llon oize l\.uotr.::l.li.::l.n Tree Fern (CY.::l.the.::l. cooperi) or T.::l.Offi.::l.ni.::l.n Tree Fern (Diclcoonia .''..nt.::l.rctic.::l.) .::l.nd one g.::l.llon oize Cli ~i.::l. 'French IIybrido' op.::l.ced .::l.t 12 incheo .::l.p.::l.rt for e.::l.chpl.::l.nter. f:r.- 809 North Duoh Street .::l.nd 202 B.::l.ot Ninth Street parking lot. The l.::l.ndoc.::l.pe pl.::l.nter .::l.t the north edge of the p.::l.~{ing lot oh.::l.ll provide five g.::l.llon oize Photini.::l. fr.::l.oeri 30 incheo .::l.p.::l.rt under the exioting HoIIY'y;ood Junipero. The t.y,"O exioting pl.::l.ntero in the center of the p.::l.rking lot .::l.nd .::l.t the t'.;o pl.::l.ntero .::l.t the oouth edge of the p.::l.rking lot oh.::l.ll provide one 2 ~ inch box l\.riotocr.::l.t Flo'.;ering Pe.::l.ro (pyruo c.::l.llerY.::l.n.::l. 'l\.riotocr.::l.t') .::l.nd one g.::l.llon oize d.::l.ylilieo (Hemeroc.::l.llio 'Stell.::l. D'Oro') op.::l.ced .::l.t 12 incheo .::l.p.::l.rt for e.::l.ch pl.::l.nter. c .1055 North Duoh Street p.::l.rJdng lot. The l.::l.ndoc.::l.pe pl.::l.nter .::l.t the '.;eot edge of the lot oh.::l.ll provide .::l. fi~e g.::l.llon oize hedge of Indi.::l.n II.::l.'.;thorn (Rh.::l.phiolepio indic.::l. 'B.::l.llerin.::l.' or 'Spring R.::l.pture') op.::l.ced .::l.t three feet .::l.p.::l.rt under the p.::l.lm treeo. d.provide .::l.n .::l.utom.::l.tic irrig.::l.tion oyotem for .::l.ll of the ne.; or exioting l.::l.ndoc.::l.ped .::l.re.::l.o. e. Pro~v'ide t.y;O incheo of ohredded b.::l.rk mulch to .::l.ll l.::l.ndoc.::lpe pl.::l.ntero (Modified by the Planning Division) 14. Aall conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. (Modified by the Planning Division) 318-17 DECEMBER 13, 2004 PAGE40F5 15. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. 16. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer(s) . 17. The hours of operation for the restaurant. andse~<::>r).cl flO<?ri ~bar shall be as follows: 10:00 a.m. to 12:00 a.m. liiJeven days.a week. (Modified by the Planning Division) B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner (s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. 3. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Securi ty guards shall maintain order therein and prevent any acti vi ty which would interfere with the quiet enj oyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 318-18 DECEMBER 13, 2004 PAGE50F5 7. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 8. Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. 318-19 REQUEST FOR Planning Commission Action eANNING COMMISSION MEETING DATE: SEPTEMBER 27, 2004 ~ ~ PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED TITLE: PUBLIC HEARING - VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING AND VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus ~ut~F ~g Manager RECOMMENDED ACTION Adopt a resolution: 1. Approving Variance No. 2004-08 for parking as conditionedi . Denying Variance No. 2004-10 (AI) for Sign No. Ai 3 . Denying Variance No. 2004-10 (A2 ) for Sign No. Ai 4. Denying Variance No. 2004-10 (Bl ) for Sign No. Bi 5. Denying Variance No. 2004-10 (Cl) for Sign No. Ci 6. Denying Variance No. 2004-10 (C2) for Sign No. Ci 7. Denying Variance No. 2004-10 (Dl) for Sign No. Di 8 . Denying Variance No. 2004-10 (D2) for Sign No. Di 9. Denying Variance No. 2004-10 (D3 ) for Sign No. Di 10. Denying Variance No. 2004-10 (D4) for Sign No. Di 11. Denying Variance No. 2004-10 (D5) for Sign No. Di 12. Denying Variance No. 2004-10 (El) for Sign No. E. t . V A 04-08 2 31~'2B 8 ~ariance Nos. -=ptember 27, Page 2 2004-08 and 2004-10 2004 DISCUSSION Request of Applicant Caribou Industries is requesting approval of 12 variances from the Santa Ana Municipal Code (SAMC) for the proposed Orange County Performing Arts Pavilion to be located at 801 North Main Street. Variance No. 2004-08 is to allow the required parking for the office, theater and restaurant to be located off-site. Variance No. 2004-10 is to allow a total of four wall signs and a roof mounted sign with a reader board component. Property Description The project site is located on the northeast corner of Main and Eighth Streets. The zoning designation for the site is Midtown Specific Plan (SP-3), with General Plan land use designations of District Center (DC) and Professional and Administrative Offices (PAO). The proposed use is consistent with both General Plan land use designations. Surrounding land .es include a theater and commercial uses to the northi a parking lot, Iti-family residential and a commercial building to the easti and commercial uses to the south and the west (Exhibits 1 and 2) . The project site is an approximately 0.98 acre, L shaped parcel of land that has street frontage on Main, Bush, Eighth and Ninth Streets. It is developed with a 46,750 square foot, three level building formerly used by Bank of America. The site has 49 on-site parking spaces, with 13 of the stalls assigned via an easement to the adjacent theater use for required parking. As a result, the net number of spaces available at the site is 36. Project Description Caribou Industries is remodeling the existing vacant bank building to house the proposed Orange County Performing Arts Pavilion. The project consists of converting the main level of the building into a 374-seat theater and an incidental bar that will serve food and drinks to theater patrons. A new entrance foyer at the main level will have elevator and stair access and will serve as the primary entrance to the building. The main entrance to the building will face Bush Street, and the entrance on Main Street will become a secondary pedestrian and loading entrance. Both ..i.uilding fa9ades and entries will maintain their pedestrian quality in ~mpliance with the Midtown Specific Plan guidelines. 318-21 Variance Nos. 2004-08 and 2004-10 ~ptember 27, 2004 ""age 3 The second floor of the existing building will be modified to accommodate a full service restaurant with fixed seating area for 60 patrons, a 1,189 square foot kitchen and offices for the restaurant. A conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale of beer, wine and distilled spirits has been requested for the restaurant. The rear portion of the second floor will house offices and other ancillary uses to support the theater use. At the basement level, storage for the theater and the restaurant, along with the service systems for the building will be provided (Exhibits 3, 4, 5 and 6) . The applicant also proposes to provide a passenger loading area for the theater patrons, which will be used as the truck loading area Monday through Friday 8:00 a.m. to 5:00 p.m. The vehicular access to the site will be changed from Eighth Street to Ninth Street to accommodate the loading area. The parking lot will be re-striped and re-landscaped to current code. The theater complex will operate Monday through Friday from 6:00 p.m. to ~2:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. It ~ estimated that the administrative and business offices will operate Monday through Friday from 8:00 a.m. to 5:00 p.m. The proposed restaurant with bar has been conditioned to operate concurrently with the theater since they will serve theater patrons only. The parking requirement for the theater and restaurant with bar is 260 spaces, while the parking requirement for the administrative and business office use is 84 spaces. Since the site only provides 36 parking stalls, the applicant is proposing to provide off-site parking for the theater and restaurant venue at a surface parking lot at 1055 North Bush Street and at a parking structure at 1055 North Main Street (Exhibi t 7), which is only available during the hours of operation of the theater venue. The required parking for the administrative and business office use, which is Monday through Friday 8: 00 a .m. to 5: 00 p.m., will continue to be provided at the surface parking lot located at 809 North Bush Street and 202 East Ninth Street. Lastly, Caribou Industries proposes to install four internally illuminated wall signs and to re-instate a roof mounted sign. The existing illegal roof sign is intended to be refaced and contain a new reader board on the lower third of the sign (Exhibits 8, 9, 10, 11, 12 and 13). e 318-22 Variance Nos. Aeptember 27, ~age 4 2004-08 and 2004-10 2004 The proposed theater was once thought to be a potential facility for the Orange County High School for the Arts (OCHSA). Staff understands that references to such an arrangement have been discussed in the community and that the applicant's parking study makes reference to OCHSA. Staff has confirmed with the applicant, however, that the theater will not be associated with OCSHA. The analysis and recommendations in this report pertaining to the proposed signs and off-site parking are not affected by OCHSA's affiliation with or use of the proposed theater. Analysis of the Issues Parking The Midtown Specific plan envisioned the Midtown area as a vibrant and thriving urban place integrating districts of civic, business, cultural and retail activity. Since many of the buildings in this area were constructed over 20 years ago, they do not have sufficient parking to adequately provide for customers and employees, much less to accommodate 4Ijhe intensification and evolution of land uses envisioned for the area. The Midtown Specific plan identifies parking as one of the critical challenges facing the area, especially since adjacent residential neighborhoods could be impacted by the spillover of parking demands from the commercial uses. In an effort to address the parking challenges, the Midtown Specific Plan has established a parking strategy plan that encourages shared parking between different users to accommodate the anticipated increase in parking demand. In addition, the City has established an in-lieu parking district for Midtown to allow for parking code requirement relief for those who cannot provide on-site parking, shared parking, or a combination of both. The applicant's request to provide the required parking at off-site locations on a shared basis is in compliance with guidelines established in the Midtown Specific Parking Plan. The applicant is proposing to provide the required parking for the proposed theater and restaurant at two parking facilities that currently are used by the Orange County probation Department. In addition, the applicant is proposing to provide the required parking for the administrative and business use at its current off-site location across Bush Street. The applicant owns a portion of this parking lot and has a long-term lease on this property (through March 2030). To support the variance, the applicant has Arovided a shared parking analysis that calculates the parking demand ~or theater venue and associated office space, and studies the number of parking spaces available at the proposed parking facilities (Exhibit 14) . 318-23 Variance Nos. A=ptember 27, ~age 5 2004-08 and 2004-10 2004 The shared parking study prepared by Austin-Foust Associates shows the total number of parking spaces at the intended parking facilities is 691 stalls, with 613 stalls available at 5:30 p.m. Therefore, ample parking for the theater venue will be available since only 224 off-site parking stalls are required. The applicant proposes to secure the required parking spaces on an exclusive use basis during the theater's hours of operation via an easement. The proposed parking facilities are about 500 feet from the proposed venue, which is within the 800-foot walking distance identified in the Midtown parking plan's shared parking guidelines. In addition, the applicant will secure the use of 48 parking stalls in the parking lot across Bush Street for the exclusive use of the theater's administrative and business office. Therefore, since the applicant is able to accommodate the required parking on a shared parking basis, no in-lieu fees apply to this project. Conditions have been incorporated that are intended to address impacts to mitigate any concerns that may negatively affect the surrounding area and to ensure that spillover parking does not impact adjacent neighborhoods, such as French Park. Security guards and parking attendants will be ~equired to ensure parking from the designated parking lots occurs in an ~derly manner, with most of the pedestrian traffic anticipated on Bush Street. To encourage the use of the designated parking facilities, the parking will be free of charge for theater patrons. Signs Signs have a direct impact on the quality of the visual environment. When displayed correctly, along with serving as business identification, they can help improve community identity, conserve property values and improve traffic safety. When improperly displayed, they can promote visual blight and clutter. The Sign Code is designed to communicate positive community standards by establishing guidelines for size, location, type and number of signs. Sign A is an existing roof-mounted sign for which a new reader board component is proposed in the lower portion of the sign along with a new sign face to identify the theater. Variances for a roof mounted sign and to allow a reader board are required. The nonconforming code allows signs to remain as long as they continue to advertise the current use, the site is continuously occupied and no changes to the exterior of the building occur. Since the site has been vacant for more than a year, the roof mounted sign has lost its nonconforming status and must be Aemoved. Additionally, signs that incorporate motion, such as the ~roposed reader board, create distractions to the motoring public that in turn can impact public safety. As a result, staff does not support retaining this sign or adding the reader board component. 318-24 ~ariance Nos. .ptember 27, Page 6 2004-08 and 2004-10 2004 Sign B is a proposed wall sign with four foot high, internally illuminated reversed channel letters and a 13-inch high, internally illuminated reversed cabinet sign on the west elevation facing Main Street. A variance is needed to allow the internally illuminated cabinet component of the sign. In 1991, the City Council approved a comprehensive update to the City's Sign Code which included the prohibition of new cabinet signs in favor of individual channel letters, which are more architecturally compatible and aesthetically pleasing. Staff is supportive of Sign B, but not supportive of the cabinet component as individual letters are less intrusive and more compatible with the clean contemporary lines of the design of the building. Sign C is located on the south elevation facing Eighth Street and is identical to Sign B. However, in addition to a variance for the cabinet component of the sign, Sign C requires a variance to exceed the allowable size of a secondary sign. The sign, considered a secondary sign since it is not along the building's main elevation, is limited to a maximum of 50 square feet in area. The primary sign for this building << Sign B, which faces Main Street. Staff is supportive of the sign but t supportive of the cabinet component as discussed earlier, nor is supportive of a larger secondary sign, since a secondary sign is intended to provide secondary identification of the use and is required to be smaller than the primary sign. Sign D is located on the north elevation and is identical to Sign C. However, in addition to variances for the cabinet component of the sign and size, Sign D will also require a variance to allow its installation on a fa9ade without street frontage, to exceed the maximum number of secondary signs allowed and to allow the sign to be placed higher than 20 feet on a building. Staff is not supportive of the cabinet sign or the increase in sign size as discussed earlier. In addition, staff is not supportive of increasing the number of allowed signs or the proposed location since signs above the roofline will interfere with signs for the adj acent property and increase clutter and visual blight on the street. Should the Planning Commission choose to approve this sign, an easement from the adj acent property will be required for the encroachment into their property. Sign E is a proposed wall sign with internally illuminated reverse channel ~nternally illuminated reverse cabinet ~cing Bush Street. A variance is needed of the sign. Staff is supportive of the cabinet component as discussed earlier. three-foot, four inches high letters and an II-inch high sign on the east elevation, to allow the cabinet component sign, but not supportive of the 318-25 ~ariance Nos. 2004-08 and 2004-10 .ptember 27, 2004 Page 7 In summary, staff is supportive of signage on the building as discussed. However, staff is not supportive of the requested variances from the Sign Code since the Code provides ample opportunity for business identification. Additional signage, installation of cabinet signs and increased sign sizes can result in visual clutter for Main Street and the Midtown area. Based upon the analysis of the project and the project's compatibility with the City's General Plan and the standards adopted by the Midtown Specific Plan, staff recommends approval of Variance No. 2004-08 as conditioned (Exhibits 15 and 16). Additionally, staff recommends that the Planning Commission support the recommended actions for Variance No. 2004- 10 (Exhibit 17). CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption 411rvironmental Review No. 2004-184 will be filed for this project. II ,/ c V---u P LL:JM 11\reports\PC&ZA\va04-08 and va04-10.pc . 318-26 Cl ~1~~ Rl Rl R2 R1 -II 50-20 :J101 :J~ ~ ~B I~~ IL~_J ~DFm ~tJ ~. -om o 50-13 50.2 50-1 C2 R2 o WAlNl/TST. o A1 -B C.SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIALJMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP ~ ~ VA 04-8/ VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A rfl(' - = 500 FEET 1. = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 318-27 N G AGE N C Y A OCHSA l- I- I PARKING I W W W COUNTY W a:: a:: <t) I- OF I- en en I!l I!l ORANGE ~ ~ - - PROBATION lc lc a: a: OFFICE "l: "l: a.. a.. I.U NINTH STREET 0 I!l -.J ~ "l: ..= - en lc f.- Z "l: 0 a.. I.U W Q CJ RESIDENTIAL a:: <t) ~ I.U D. COMMERCIAL a: en LL EIGHT STREET -.J PARKING -.J Z COMMERCIAL "l: LL :cc -.J 0 :I: "l: f.- :E en - RESIDENTIAL ~ 0 I.U m I.U I.U Q :0 :0 :0 <t) Q Q COMMERCIAL I.U Q 0 0 a: CIVIC CENTER DR. VA 04-8/ VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A rP{' P LAN N N G AND B U L D N G AGE N C Y EXHIBIT 2 318-28 ~~ !,'; "', · -;r 0, '" '" '<5 -0 ~ i ~ i ,,< ',~~ il!!! II~ a .at;~ I ill. It>> ~~. ~ I I I 1111 1 1 1 1 IlL- - - - - - - - - - - - - - - - - ~- ~- ~- 9- ;- g- N_ g- 1111111111111I1 - I~ I .. "j" I ," L '"'jl. ,j I I...~ , I I ! I I!' r ,,. ., r "1" 'OJ .. . V" ~ ~ \ ( ~ - --!'.. :t= ~ c ~ -;-- :f~! ~ ~ ~ ~~~~7- ~ g~ :~ ..-- ~ ~i~5..-- ~I"""-- I--!!... . "" ~ -- ~ '- - ~ . ~ . ~ . .. .... . . . . . . ~ - . . :r . - ~ . .... I - .. _... .J '...l.J wi ."~ I I r ,.. I 'I . .. .: i \I ~ ~ ::!. v i lOLl6 V"J 'VNV VINV, 133~IS NIVW 'N lOB NOlllAVd ,I~V ~NIW~O~~3d AlNIlO"J 3~NVlIO YJIf -- ww 1US . ~ {< i . ~ ~ ~~ =~ $ i. -. ." ,=. I i 0 ".0. " ft" ~ 3 ,,< < ~ - ~ _2' 'i ~;...: c: ~ I!, ~ ~ --". ~"';I' =-. 5~' i ~!i~w d~!~1!i f !i II f i! J i~- ~~ ~!I l~iU ~H d ai ~~ IIH i~~~~~! ;~I"~9ig ~~~ ~i.i~.! ~ep ~~j~~h i ~;~W!~ ~H ~~~~~ iI- ~!s! i~d~gS i""d g~ In II.~' o. P~i~ ~m " HU~ il ~~~ M~~ ~~ ;:.n~ .lIO..... . - . ~ -~., 1111111111111111 I -' !J - - - - -:. ~J~V>>}~~~, - -h -I f[\ ~ ~ ~ ~ ~ ~ i~ "~ I I ~ 8 ~. .:.---- , at ~5 I ~5 J;; ~.~ ~~~ ~ii I I I j" ,.I .. I tnJ.SIol~II" I I I .. ,,1j'" ",,,j I -1" f , ... , " ",'. .. " . ...., w, I I I I r, i" I" ,.. I ..,. ,.. "1" ,,. .. .. . L..J ~ .: i I o v a ~ " ~ '3'4 R.aO. 04-10 '!'XAlIJiT 3 ll,hll t '"'"';' ] ;.iIUU < ... ~ ~ I i z z ~ ~ 0 0 ~ l! i:1 - - - - . -, . . . . , . ~ ! . . . . '" i 9 "" " - ~ . ~ ~ ~...I-! .. ,..;.. I I I r :".. I -' II ~ 9 B 1 B B r-. ~ I 8 v - III ........ . . IJ.. I . '" .: \I } 8 f S ~ ~ ~ -........- Ceoar:ment vi AIc:hcIIC Sever:l<;e C.:ntrcl L1CENSE.D PREMISES DIAGRAM (RETAIL) Sl;lle :, :~"'crno;l G?A'( ::...VIS. ':;c...mor Business. 7"r~nsoot1~uon ~ -lcu':lnq ..:.c;enc', 'olAf'll... ':::NT?ERA$-:iWE:7 SeC:"';ll"/ 1 ",POf...;c;.N r N..,..E I.... '":rsI. TIlda., OC PERFOR.\(f}iG .-\.~TS P.-\ VILlON, lLC I:' ~IC:O!'<Si: -,p~ ! ..8 J. "'lEMlSES ..CCRESS.Sn. ~ 3l'I2 ramo. "''Y. =0 c::>c.. ! .'Je.~RES" :ilCSS S""EE, 30 [ :-l. y(AIN ST.. SANTA .-\.'-l.-\. CA 9:'70! i Tn~ diagr:un below is a true and correct description of rh~ -:nrr::mces. exits, interior walls and -:xterior boundaries 0 f rh~ premises to be licensed. including dimensions. . DIAGRAM 178'-10. 29'-10' 31' 29'-10' 30' o C\J ::.. (EXISTING) RECORD VAULT 6 ID ~. OPEN AREA t:j STORAGE ID ID ID ID 7,254 S.F. BASEMENT ...- NO SERVING AREA IN BASEMENT LIQUOR STORAGE AREA 136 S.F. It is hereby declared that the above..Jescribcd boundari~ entrances and planned operation as indicated on the reverse side. will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control. I declare under penalty of perjury that the foregoing is true and correct APpt;~ SIGl'4AnJRE (CINy___1 CSilTlFlED c::RREC':' (S'_, FOR ABC USE ONL Y I ~INT'EO -.we I CA TlO SIGNEO ABC-257 (10102) IINS~CN c.:. TlO VA 04-8/ VA 04-10 3~~~d [IE ~- D u1!! ~r i!sH .. I ~ i ~ "~ '-' IOa6ltJ 'ItNIt ItlNItS 133~lS NIW/"N lOB i NOlllAltd Sl~1t ~NIW~O~~3d AlNIlOJ 38NItllO IlYW .,., SlIII03M , IOOlI JSlI.t ~~ IL,i I iliJUU <r: bJJJ j w T - ~ i~ - r' r---- rr--- II II II II II II ---rt ---fl II II II II II II CC=-I II II II II II II II II U__ H-- ~ ~ ~ ~ (;.? ~ ~ ~ ~ ~ w. ~ o o ~ ~ ~ 00 ~ )Icj ~ ~ ,.; ...; ~ i 9 ~ z 8 ~ i~~ o I=~ f:J~ ~,. ~z as l;i!o H~ j ill - - - d ~g ~~ IE '" .... 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'I I, i, I {~ ! i" ~ ~~_ !~ ~ ;;;;_' i~ ~ ~ - ~: .' ~ . ~! ~ !!u = ~"".I-I-~ lig ~ ~ ~~~;~ !5~iig~~ e~ ~e _ ~ j h~~""~ ff ~. ~g - s . ~i ~ i~ ~ 5z ~. I ~!~I ~ ~~ i~ i. ~~ -~. g~ ~ I ~ q~!. ~~I ~.5g~ f It" J; !a~~ I ~ ~ ~ ~ ~~~g ~i~ i~gg~ il. ~g I i<~~.1 d~~. ! .H I~+- %uz!~~g ~~~~~ ~ ,~~ ~!;~g ;:;: . ii 8 H - u . ~ ~ ~ h ~ ~.. ~ii!!~ .~: ~ Legend 1 - 1055 North Main Street 2 - 1055 North Bush Street 3 - 809 North Bush 202 East Ninth Street ...~~ ===-===-===-=== VA Q!-~~ 04-10 1~7 I ...... - Sign Variance Request Summary Table Sign Description Variance Code Section Purpose No. A A 148 square foot roof mounted A-I 41-860(3) To allow a sign that gives the sign with an 18 inch LED text illusion of motion display area in the lower portion A-2 41-862 To allow a roof mounted sign B An 82 square foot internally B-1 41-863(e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a cabinet on the west elevation, facing Main Street C An 82 square foot internally C-1 41-863( e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a C-2 41-863(b )(2) To exceed the maximum size ofa cabinet on the south elevation, secondary elevation sign facing Eighth Street D An 82 square foot internally D-1 41-863(a) To exceed the number of illuminated sign composed of secondary wall signs allowed on a reversed channel letters and a building cabinet on the north elevation D-2 41-863(a) To install a wall sign on a location not allowed D-3 41-863( d)(1) To install a wall sign above 20 feet from street finish grade D-4 41-863(b )(2) To exceed the maximum size ofa secondary elevation sign D-5 41-863( e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-1 41-863(e) To allow an internally illuminated illuminated sign composed of cabinet sign reversed channel letters and a cabinet on the east elevation, facing Bush Street VA 04-10 EXHIBIT 8 318-34 I C,.: to; "'. ~~ '5' '" '" , <5 I I I I I I I I z < ~ ~ ~ ~ ~ (/) I I I I I I I I I I ~i ~~ ~ ~ ~ ~ (/) ~(/) <z ~c.::> ~~ ~ ~ o z ~ C> QC) Z o V) o Z l- V) X. UJo ZUJ <cU V)<C _LL - UJ ~oc - UJ ZCJ 00 V) I- UJ I- o Z !I i IOLl6 V) 'vNV VINVS 133~lS NIVV'/ Hl~ON lOB NOIlI^Vd SlW 9NIV'/~0:l~3d iJ.NnO) 39NV~0 =lIOj SlN3N3AOlIdNI lNYN3l HOIruNI i! M YlIlIS .Il .lID -- WIoI JIIS ~ f ~i I , to 1111 r:/) J I U.... ~'l ::. 0" Ii ~ ......"'".~ r ~~ ~s ~ I!I ..>.>."...~ ... [2J u '" <{ <>. do. ..,..y"~~,,, iI ~'.,~ ,.. ::: D D i ~L .J ~m~lS HSnB , D. ! .J L; ! ' , 1 L ~ .JiL- I ! r ~ ~! 'r ~ ...".~ .s 03^~3S3~ II IIIII f V> ::J '" I ~ o Z o o ex:> (9 6" ~ 3"- '" uj~ ~ >--I '" V>>-- 0 ~~ ~ UoIl 0 0:....... cO e:,.V"> 0- U")uj cry C:~2?C? l:O~l,/'")...o ",- U"'<t9'? 9og:g: o:l-->MM tB '" to ~ I >-- I (9 ~ u:; '" J;: tB '" >-- V> Z <c ::; I ~ o ;iZ 0- _0 b:'" D2~ ~a5 00 ~ '" <{<>. (9w w>-- ~v; ~ ..."....~ ",- u.. "'" OLi3 ~U '" ;;: El w <>. i': u '" ;;: ..., w <>. >- >-- IBI J?~ .J~ L ~ L s1 ~ , ~; . ?, .J~L ,...1 ~ L i 133~lS NIVV'/ ,~ ,. ~ ,~ r I '~ r i .,~ r W ...J .q: U ''l o l- I- o Z . . ~ D m ~I VAR..4-8/VA 04-10 -3 ~XHIBIT 9 D .....::.,,~ r I!I D . -"'}'""" . D . D D 0.':;",... . ~ 2 -- I I I I I I I I I I I I I I I I I DuaneM.Corterto 1991~OO 8-19-01 RICHARD E. BENSON I Noted '017 i32i ROjlCRANj AVL. )Ulll I,:"}H ~I ';H;UNf)(: (/\ ',111/1') T;1 /1:9;-;7 I ~ I '_I..:'(J /.'J ;'81) aJSTOMERN'PRCNAl IANIlLDRD Pl'PROWL CONCEPTUAl DRNJIllG ONl.~ Dimen.. are ....Jim8l:& & nHI)' change due 10 roR9lfUClion factors or eudfield condos. C_s S\CMfl are 88 do. as printing will glow; always tlIkNtWlbl.tpecficeliolUl ALl RIGHTS REfX.R\.e)~ This design h8s been crellted f. you" conneClion......h It prujaCl be.. pl8n1'lllld'0f ~r~~~n~=~:)'br:..~~~~raumte inanymannefwithout,.itrllDl.-t: I <~ _" T -'- 1 _ ' 1I '. ,',:.;t;, ~ ,~ ; I VA 04-8/VA 04-10 31 8-3&XHIBIT 10 5'- ' 5 7" I I I I I I I I I I I 13' 10" o I VIU @ I I I I I OuaneM.Coreto 1001-000 ll-1S-01 RICHARD E. BENSON I Nobld 2<11 aJSlOMERJlPPRCNA!. lANlllORD JlPPROv.lt. I CONCEPTUA. OOIliMNG ONlY':: Dimsn__.. lIflIIIIDlimaI:& & may change dUB to mlBlUjion f8t1lJJs (l aad fiekI condiions. Cobs ~1M'Il am as do. illS prin1ing-M1I allw!': 8WayS foIowwrben IP8cWaliona ALL R1GHTSR~: Thlsde!ign twas been cr..lld for ytw in COM8Clion Mn II proj8d beag planned tor ;:r\.~On~=n':y b~ t.~":=:i outside in any mannarwilhou1 pi......... I VA 04-8/ VA 04-10 rs't'B!3V I I I I I I I I I I I I I I I I I ~ '" ~ ~ Duane M . Corierto 1991-008 8-19-0$ RICHARD E. !:ENSON I N"",. 31#1 .:. 32 I CUS1OMERJlPPROVAl LANI1.ORU APPRO\ft... CONCEFTWIL DRN\IIoIG ONLY: Dimslllions: 8"' approllimal8 & mil)' chango dUB to mmlnll:lionfaclm's Of ell8ttfield condos. C'*n mown &113 a8 do. as printing WiD aIow; all/V'ays folowwtben lIpBc6:ations ALL RIGHTS R~R'vR): This desQn has been alllted ftIf.,... in connac1ionMh a project beitgJ8lnBd for ~rbJ.v~=on~=':y ~~I~::P:=:r outside illlny manner without prior consent I VA 04-8/ VA 04-10 35f~82 I I I I I I I I I I I I I I I I I aoaRT I 2321 ROSECRANS AVE. SUITE 1250 EL SEGUNDO, CA 90245 T 310.297.9777 F 310.297.9780 SAIBl: DRAWING IX'B II: DATE: DRAWN BY: SCALE' SHEEl' 0.... II ConIentu 1991-009 !-2Il-44 _ E. 8ENSOHH - ..u CUSTOMER""""""'" .'. ~i,;"i'\.1 I '-llvlj;)uf\.J V LANDLORDAPPROVAL CA. STATE co~n-:J,CTOR:') UCENSE IdCll)\JS: CONCEP"I'UAL DAAWWG QN...Y: ~"~&"*'c:twngedllllo ~,-*"or..-ct..... concIIionL Colon .,.,..,.... dIM _ prinIqf" ~..,.. toIowwrillen~_ AlL RIGHTS RfESERVED: TN. dMIgrI hili been outed for JOU In c:onnedIan ...... . pIOjiKt ... ........,Iot yoII~K)MT. It.,...,.not"lIhownto~~ 'fIM'~_"fTIlIfnol"~ i"8I'l!IIMMIIl'wiI'loutpriOr~. I VA 04-8/ VA 04-10 3~>B~3 City of Santa Ana ORANGE COUNTY HIGH SCHOOL OF THE ARTS Shared Parking Study Prepared by: Austin-Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, California 92705-7827 (714) 667-0496 September 15,2004 VA 04-8/ VA 04-10 EXHIBIT 14 318-40 ORANGE COUNTY HIGH SCHOOL OF THE ARTS Shared Parking Study INTRODUCTION The Orange County High School of the Arts (OCHSA) is currently converting a 46,725 square foot office building at 801 North Main Street in the City of Santa Ana, into a 374 seat theater and 3,624 sf restaurant. The site itself includes 49 parking spaces, 13 of which are shared use. The remaining located immediately across Bush Street. The theater use will rely on a shared use parking arrangement with two adjacent parking lots (i.e., 1055 North Main and 1055 N. Bush Street). This parking study examines those sites to ensure adequate parking is available. The City parking code requires one parking space for each three seats and/or one space per 28 square feet of assembly area. Based on 374 seats, the City code parking requirement equals 125 spaces for the theater alone. In addition, to the theater (15,055 sf) and the restaurant (3,624 sf) there is a small bar (100:l: sf) and a common area which by City of Santa Ana parking code requires a total of252 parking spaces assuming the offices are vacant after 6:00 PM. The total office space available is conservatively estimated at a maximum of 28,000 sf. This creates a parking requirement of 84 parking spaces. Assuming no more than 10 percent of the office would be in use after 6:00 PM, the maximum peak parking demand for the evening uses is estimated at 260 spaces (252 + 8). However, the issue of code required parking is complicated somewhat by the multiple use of the building. During the normal workday (8:00 AM - 5:00 PM) about 28,000 square feet of the building will be utilized as office space that supports the theater use. The theater will only be used in the evenings (i.e., after 6:00 PM) when the offices functions are closed. Although the City code parking for a theater is one space for three seats, and this is a typical requirement, a sold-out performance with staff, actors and audience could exceed 108 spaces. A typical peak parking demand for a theater based on actual vehicle occupancy ranges from 2.25 to 2.75 persons per vehicle (i.e., other than staff, very few patrons drive to a theater performance alone). Use of a worst case scenario of 2.0 persons per vehicle indicates a peak parking demand of 187 spaces. However, the City code calculation of 260 spaces remains the critical issue. Therefore, it is concluded that for a sold out performance, shared parking for about 211 spaces (260 - 49) will be required. Orange County High School of the Arts Shared Parking Study Austin-Foust Associates, Inc. 92400 I rpt.doc 318-41 The next question is "Are there at least 48 spaces available before 5:00 PM and 211 unused spaces available after 6:00 PM, and if so, where are they and what guarantee is there they will be available long term?" An actual count of the available parking (after 5:00 PM) in the lots controlled by this property owner is 613 spaces - well in excess of the 211 required. Table 1 illustrates the availability of parking on-site and in the two adjacent parking facilities controlled by this property owner. It reveals adequate unused parking is available both before and after 5:00 PM to meet this building's shared use demand. Caribou Industries, the owners of the OCHSA theater, also owns a number of other office buildings within close proximity to this theater. Table 1 identifies two other existing parking facilities controlled by Caribou Industries directly across the street from the OSHSA theater that can provide shared parking. These parking facilities are all virtually empty after 5 :00 PM as they support office uses in the area. As indicated in Table 1, there are a total of 740 parking spaces available, virtually all of which are unused after 6:00 PM, which can more than supply the 211 or so shared use spaces for the theater. CONCLUSION In summary, it is concluded that based on a "worst case" scenario of a sold out performance that shared use parking of up to 211 spaces may be needed by the OCHSA theater as well as up to 71 spaces for the daytime office use. These spaces can be supplied from Caribou Industries controlled facilities across the street for the theater. These shared use facilities encompass a total of 740 spaces which have sufficient vacant space during both daytime and nighttime and their continued availability can be assured since Caribou Industries owns and controls them. Orange County High School of the Arts Shared Parking Study 2 Austin-Foust Associates, Inc. 92400 I rpt.doc 318-42 Table I AVAILABLE "SHARED USE" PARKING FOR OCHSA (i.e., within two blocks) Total Spaces Spaces Vacant Spaces Vacant Lot Location Available at 2:30 PM at 5:30 PM 1 1055 North Bush 174 38 169 2 1055 North Main - Parking Garage 517 33 434 Sub-Total 691 71 613 3 801 North Main (on-site) 49* I 36 I 49 TOTAL 740 107 662 * 13 of which are shared use with others Orange County High School of the Arts Shared Parking Study 3 Austin-Foust Associates, Inc. 92400 1 rpt.doc 318-43 ~ariance No. 2004-08 ~ptember 27, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. . The City approved the development on this site in 1965 to serve as a bank and office building with 49 on-site parking spaces. Due to changes in the City's regulations and intensification of use, this building is not able to accommodate its required parking demand on site, and must rely on off-site parking to serve its parking demand. The Midtown Specific Plan adopted provisions to allow shared parking between uses that operate at different times to mitigate the lack of parking in this area. Since the project is located in the Midtown Specific Plan zoning district, and shared parking is encouraged, the strict application of the parking zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to allow off-site parking is necessary for the preservation and enjoyment of the applicant right to re-establish a permitted use on a developed site. Parking is required for the economic viability of the project, as well as for compliance with the City's regulations. 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 for off-site parking will not be materially detrimental to the public welfare or injurious to surrounding property as conditioned. The conditions established for the project are intended to mitigate any concerns that may negatively affect the surrounding area by insuring that required parking demand will be accommodated in designated areas, which will be available to patrons of the VA 04-8/ VA 04-10 3f~!l.15 Variance No. 2004-08 ~ptember 27, 2004 ~ge 2 of 2 proposed venue. It is anticipated that enhance the economic stability of the area si te with an evening use, extending pedestrian activity in the local area. the project will by redeveloping a the potential of D. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect General Plan of the City since the proposed theater restaurant has been designed in conformance with the zoning, development and General Plan requirements. the and City . . 318-45 SEPTEMBER 27, 2004 PAGE 1 OF5 Conditions for Approval Variance No. 2004-08 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance 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 variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater, restaurant and bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5. The truck loading area shall only operate between 8: 00 a. m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6 . The appl icant shall record an excl usi ve use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 224 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 224 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. ~~:-10 SEPTEMBER 27,2004 PAGE20F5 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. 8. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. 9. Directional and convenience signs, in compliance to the Santa Ana Municipal Code section 41-872, shall be provided to direct theater patrons to the appropriate parking location. 10. A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed and approved. 11. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street. 12. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. 13. The parking facilities used to satisfy requirements shall be improved to comply with codes. The applicant shall comply with landscape plan conditions: the parking all applicable the following a. 801 North Main Street: The landscape planter along Bush Street from Eighth to Ninth Street shall retain the existing bottlebrush trees, provide a hedge of five gallon size plant material with two plants per adjacent parking space of Natal Plum (Carissa macrocarpa 'Tuttlei') under the existing bottlebrush trees, and provide ivy geranium as a groundcover. Additionally, the three above grade planters along Eighth Street shall provide three groups of eight foot bare trunk height King Palms (Seaforthia elegans), one 318-47 SEPTEMBER 27, 2004 PAGE30F5 gallon size yellow daylilies (Hemerocallis 'Stella D' Oro' ) and blue dwarf agapanthus (Agapanthus 'Peter Pan') spaced 18 inches apart, and one gallon size red ivy geranium spaced at 18 inches apart. Finally, the two large square planters at the Main Street entrance shall provide one IS-gallon size Australian Tree Fern (Cyathea cooperi) or Tasmanian Tree Fern (Dicksonia Antarctica) and one gallon size Clivia 'French Hybrids' spaced at 12 inches apart for each planter. b. 809 North Bush Street and 202 East Ninth Street parking lot: The landscape planter at the north edge of the parking lot shall provide five gallon size Photinia fraseri 30 inches apart under the existing Hollywood Junipers. The two existing planters in the center of the parking lot and at the two planters at the south edge of the parking lot shall provide one 24 -inch box Aristocrat Flowering Pears (pyrus calleryana 'Aristocrat') and one gallon size daylilies (Hemerocallis 'Stella D'Oro') spaced at 12 inches apart for each planter. c. 1055 North Bush Street parking lot: The landscape planter at the west edge of the lot shall provide a five gallon size hedge of Indian Hawthorn (Rhaphiolepis indica 'Ballerina' or 'Spring Rapture') spaced at three feet apart under the palm trees. d. Provide an automatic irrigation system for all of the new or existing landscaped areas. e. Provide two inches of shredded bark mulch to all landscape planters 14. All conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. 15. There .shall be no live en.tertai~nt'fe~~l?tfp,rth<i.tp~()~~9~q by the . theatrical perfQ~c:e, in .t;A~rest.iit,:tJ.ran.t, b~area()r t.heater. (Modified by tbe Planning Commission on September 27, 2004) 16. The use... of o~tside prOlll.Qt.ers, which . includes third parties producing permitted perfQrmances at the fa-cii1itY,s~11.be prohiJz>~ted.. ~plicCUlt shall mai.ntaincont:rol.>ofthefac:ility, including the parking lots, restaurant and.ear,.. at all times 318-48 SEPTEMBER 27,2004 PAGE40F5 the facility is opel). .t9.th~.p~l:i.e, an.g..~llcol).~~Clgt;.~ for pe~itted!Q.se$a.t;.]:.he facility shall be bet_en applicant and the ~rformet' (a).. (Modified by tbe Planning Commission on September 27, 2004) B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner (s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. 3. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 7. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 318-49 SEPTEMBER 27,2004 PAGE50F5 8. Between the hours of 6:00p.m. and. 12:00 a.tn. ~ or at any time tbe pretnit:Jes cp:e providing entertainment, . the applicant shall provide a minir:qum of . two, uniformed State licensed security guards in the~~rking lot at 1055 North B.ush. Str~t~ci the parking structure located at 1055 North Main' and one. unifopned State licensed security. guard at 801 North Main street. (Modified by tbe Planning Commission on September 27, 2004) 318-50 ~riance No. 2004-10 ~ptember 27, 2004 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect 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 sign variances for the Orange County Performing Arts Pavilion. The building is situated at a corner, with unobstructed views on three of the four building elevation. Similar projects have installed signage that is in compliance with the Sign Code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. . That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is not necessary to preserve property rights as the Orange County Performing Arts Pavilion will still maintain the ability to modify signage to meet City codes and allow identification of the business. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for signage may be detrimental to the area by allowing excessive and large signage on the building that may contribute to adverse aesthetic impacts along Midtown. D. That the granting of the variance will not adversely affect the General Plan of the City. . The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. VA 04-8/ VA 04-10 3fB~S17 KO - 12/21/04 RESOLUTION NO. 2004-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION LOCATED AT 801 NORTH MAIN 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. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. B. On September 27, 2004, the Planning Commission held a duly noticed public hearing and approved Variance No. 2004-08. 1. On October 11, 2004 the Planning Commission voted to reconsider the adoption of Variance No. 2004-08. 2. On October 25, 2004 the Planning Commission held a duly noticed public hearing on Variance No. 2004-08. The Planning Commission continued the public hearing to November 22, 2004. 3. On November 22,2004, the Planning Commission further continued the public hearing to December 13, 2004. C. The Planning Commission determines that for Variance No. 2004-08 the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have 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. The City approved the development on this site in 1965 to serve as a bank and office building with 49 on-site parking spaces. Due to changes in the City's regulations and 318-52 Resolution No. 2004-51 Page 1 of 4 intensification of use, this building is not able to accommodate its required parking demand on site, and must rely on off-site parking to serve its parking demand. The Midtown Specific Plan adopted provisions to allow shared parking between uses that operate at different times to mitigate the lack of parking in this area. Since the project is located in the Midtown Specific Plan zoning district, and shared parking is encouraged, the strict application of the parking zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to allow off-site parking is necessary for the preservation and enjoyment of the applicant right to re-establish a permitted use on a developed site. Parking is required for the economic viability of the project, as well as for compliance with the City's regulations. 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 for off-site parking will not be materially detrimental to the public welfare or injurious to surrounding property as conditioned. The conditions established for the project are intended to mitigate any concerns that would negatively affect the surrounding area by insuring that required parking demand will be accommodated in designated areas, which will be available to patrons of the proposed venue. It is anticipated that the project will enhance the economic stability of the area by redeveloping a site with an evening use, extending the potential of pedestrian activity in the local area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed theater and restaurant has been designed in conformance with the City zoning, development and General Plan requirements. 318-53 Resolution No. 2004-51 Page 2 of 4 D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Variance No. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. 2. 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 13th day of December, 2004 by the following vote: AYES: Commissioners: Cribb, DeLaTorre,Leo,Lutz,Mondo,Nalle,Sinclair(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney 318-54 Resolution No. 2004-51 Page 30f4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution NO.2004-51 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Clerk of the Planning Commission City of Santa Ana 318-55 Resolution No. 2004-51 Page 4 of 4 Conditions for Approval for Variance No. 2004-08 Variance No. 2004-08 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning Commission, the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5. The truck loading area shall only operate between 8:00 a.m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. Exhibit "A" 318-56 8. A minimum of two parking attendants shall be provided per parking facility at any time the premise is in operation. 9. Directional and convenience signs, in compliance to the Santa Ana Municipal Code section 41-872, shall be provided to direct theater patrons to the appropriate parking location. 10. A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed prior to issuance of the Certificate of Occupancy and approved no later than nine months after issuance of the Certificate of Occupancy. 11. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street. The exclusive use easement shall not be required if this lot is included in the parcel map required by Planning Division Condition No. 10. 12. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31st day of March 2030. Within 30 days of termination, the applicant shall file an application with the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. 13. The parking facilities used to satisfy the parking requirements shall be improved to comply with all applicable codes. 14. Except for Condition No. 10, all conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. 15. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. 16. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer( s). 17. The hours of operation for the restaurant and second floor bar shall be as follows: 10:00 a.m. to 12:00 a.m. seven days a week. Exhibit "A" 318-57 B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner(s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. All graffiti on the marble finish shall be cleaned and not painted over. 3. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 7. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 8. Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. Exhibit "A" 318-58 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2004-29 TO CONSTRUCT A 50-FOOT HIGH CELLULAR ANTENNA AT 2116~ WEST MONTA VISTA AVENUE - DELTA ENGINEERING GROUPS, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~~ ~~~L CITY MANA ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2004-29 as conditioned. PLANNING COMMISSION ACTION On December 13, 2004, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2004-29 as conditioned by a vote of 7: 0 to allow a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116~ West Monta Vista Avenue. 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. s#J6;?~ing Executive Director Planning & Building Agency ME:rb me\reports\cup04-29.cc 31 C-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - FILED BY DELTA ENGINEERING GROUPS FOR CONDITIONAL USE PERMIT NO. 2004-29 TO CONSTRUCT A 50-FOOT HIGH CELLULAR ANTENNA AT 2116~ WEST MONTA VISTA AVENUE APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Marvin Ellenbecker .-#t~~ Executive rector ~ng Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2004-29 as conditioned. DISCUSSION Request of Applicant Delta Engineering Groups, representing Sprint PCS, is requesting approval of a conditional use permit to construct a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116% West Monta Vista Avenue. Property Description The property is located within the Open Space (0) zoning district and has a General Plan land use designation of Institutional (INS) (Exhibit 1). The property is bounded by residential uses to the north and east, and by open space (Jerome Park) to the south and west (Exhibit 2). The subject property is approximately 9.10 acres in size, square in shape and improved with an elementary school. Project Description Sprint PCS proposes to lease 375 square feet of open space to construct a wireless facility and equipment room. The cellular antenna will be 50 feet tall and will be aligned in three sectors containing two antennas each. The antennas will be stealthed to resemble a Canary Island Pine Tree. The monopine will be located south and west of existing school buildings and to the northwest of existing athletic fields at Jerome Park. EXHIBIT A 31 C-2 Conditional Use Permit No. 2004-29 December 13, 2004 Page 2 The monopine will be located near an existing group of 20-foot tall evergreen canopy California Pepper and Brisbane Box trees. Two 24-inch box Canary Island pines (Pinus canariensis) will be planted in the same vicinity as the stealth monopine. Santa Ana Unified School District personnel will determine the exact location of the two Canary Island Pines. The materials used for construction of the equipment room will match the existing concession stand building located nearby in Jerome Park (Exhibits 3, 4 and 5) . Analysis of the Issues In July 1988, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening. These antennas also require the approval of a conditional use permit. The proposed monopine will be located behind the school building complex, which is located on Monta Vista Avenue. The monopine will be near the concession stand and athletic fields in Jerome Park. The new telecommunications equipment building will be designed to match the concession stand. The proposed monopine is designed to allow for future collocation by another provider. The applicant has explored alternatives to the monopine structure, such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs of Sprint PCS. A 50-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality. The proposed antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located inside an equipment room within the leased area. All wiring and conduit will be underground or hidden in the interior of the trunk of the monopine. The proposed monopine complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the central area of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2004-29 as conditioned (Exhibits 6 and 7) . 31 C-3 Conditional Use Permit No. 2004-29 December 13, 2004 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-76 will be filed for this project. ~~~ Marvin Ellenbecker Landscape Development Associate Vince Fregos Senior Plann ME:JM me\reports\cup04-29.pc 31C-4 L....BLJ I R2 I L MIl R2 I L-.BL..J~ II CIT:]I Cl I r'" Cl ~~ f1. '~~r. C2~. C2 -~~!~~ ~~~.". ~L.::J EI Gr Rl WAlHJTST I~ I R2 I EEl '. "' b~ BWR1 BB~~R1 R1 R1tI IG:= I~ R1 R1 R1 WIST AI R3 R3 R1 ~ ~ KS ~ R1 R1 CUB80N ST. Ell Rl ( R1 I R1 I C2 o HESTNU AV M1 R3 R1 WI.LrTS ST. R1 t-= : 1- - - -~ ':'::::":' :.::, - -.... ~ Rl ctJ \ R3 ' '.... ,. == : '.:-.:-.:-..:', \ \ \ ) ," W I \ I I ft.J____..J\ /~" ;;;: L-----,IR1 /--. u.. \.:===~/ ~ Rl R3 C4 Rl C5 183.5 R1 Rl R1 Rl R1 R1 L1NGAN R1 R1 R1 R1 o z INGAN R1 R1 R2 R2 o R1 .. " C1 ~1032.V A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIALJMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R1 R1 R1 R1 R1 R1 AV. 8~ R1 Rl ~ ~ . R1 R1 B R1 ," ~ " ~~~~B1 aI ~6~6 utI R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A CUP 04-29 SPRINT PCS MONOPINE WIRELESS FACILITY 21163/4 WEST MONTA VISTA AVENUE A rfl(' l' = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31 C-5 - = 500 FEET N G AGE N C Y $a P LAN N SINGLE ~ ~ ~ .-: CJ) Cl en IX: (.) ~ a:: ~ u.: 11: w UJ I- UJ (.) -J -J I!l Z I!l SFR :!; W ii5 0 <t) 0 MONTA VISTA -J I- COMMUNITY CENTER UJ <t) Cl -J IX: UJ >- Ll. ~ I!l ~ Ll. UJ >- <( I!l ~ -J ll.. <t) SENIOR CENTER A IL RES DE TI L MONTE V 1ST A AVENUE CUP 04-29 SPRINT PCS MONOPINE WIRELESS FACILITY 21163/4 WEST MONTA VISTA AVENUE N G ELEMENTARY SCHOOL MONOPINE " SITE JEROME PARK AND B U L D EXHIBIT 2 31 C-6 N G -J UJ ~ ~ <( ::t (.) Cl (.) ...: (.) o .-: en o z w en z 3: o .... -J <( I- ~ ~ ~ ~ <( UJ >- UJ IX: -J <( .-: en I- ~ UJ Cl <t) UJ IX: >- <( Ll. -J :::> ~ A eW' AGE N C Y .~ 8 ~i!~ .. .Ihl ~i:! ~ 8t 9 ;1ii ~ , ll:c ~6 ~~ L.... 5>'" U/ B ii:! ~~ ~~ =h~ .,0 .. ~ ~ I ...:::r o CL o j ; i! ( ( i ~ " ~ ~ ! ~ Ii ~ g g ) i ) j ~ g i i g g I -..: ;:s ~ ~ ~ '" ~ ~ /: :J ~ g ~ ~ m .lHIDlJ.S lfllLN:iK) 'S "... ~ ;~ ~: ill ~ i!iui!i i!'~ t~ ~~I ~~ " ~~8 ~~ ~ Ji , N ~i ~~ ...~u 8~ ~ ~ ~~~ f~ ~ ~ Il_ II ~~!; l ~;~ ~ 3 ~ :l;i:~ ~ ~m "e~ Iil~ :J i I~~ z~~ ~~ !i li1U iji !l' I1i ~Ia ~ 8a:LoI I;l ..\I .... ..~ z ~ A. IU l- i 31fC~ 3 .~ 8 ~~ ~ z .Jhl ~<5 .. ~f B ll: 4C . .0 ~~ ~... ~~ IIlh<5 Il< !j{ 00.. 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Q ~ n \ @ ( ~ ~~~ I Ii! 2 i~~ " I ~~ ~~~ II !B tfl- ~ ia IE~ o~ ~ 0 lE..til2 IE / z j lL III l- i Q III " a: j z III I') @ ~. 5~ "f;i !Zt;~ ..!~ ilIilu l:sa 5~ ~~ Y3113HS ..O-,!;1 ..0-,9 ..u.-.... o ..:, . I ~ ~ ~~ .. ~~ ~12 ~ ~ ~ ::!l ~ ~ IX.. t;i ~~ ~~ ~ ........9:: :Ii' ~ ~ ~e ~12 8 :) o 0~0> I;; I;; I;; j cn~~3:~ l!! ~ ~ ~ z o !Z ~ '" III ;g~~1 t,c...~~5 .:V' CJ III . H ....: t:! lI:c ojO:l 8 a=QI!~ )It - c,.~~ ~i; ~ i~ it it ~~ I = h~ ~1i ~ ., 0 ~~ ~ l- i .. i il 1:12 ~~ ZI- ce "" ~.. Ic( 011I ~ Z I .. ...:;t 0 ~ ~ CL ~ <> ~~ ~ El~ 0 I~ g~ _.\. ~ n I g z 0 ~ ... .0-,5 III :z: .o-.Ot = 0 Z N .0-,010 .o-,e I g w 3~L~ ~ H z o j:: ~ III ... III l;; III ~ Conditional Use Permit No. 2004-29 December 13, 2004 Page 1 of 2 Findings of Fact A. Will the proposed use provide contribute to the general well community? a service being of or facility which will the neighborhood or the The proposed 50-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central area of Santa Ana. 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? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing grove of canopy trees and two additional 24-inch box Canary Island Pine trees to be planted, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a Canary Island Pine Tree. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this open space area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. EXHIBIT 6 31 C-1 0 Conditional Use Permit No. 2004-29 December 13, 2004 Page 2 of 2 E. will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Institutional (INS) General Plan designation. 31 C-11 DECEMBER 13, 2004 PAGE 1 OF3 Conditions for Approval Conditional Use Permit No. 2004-29 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. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04-016). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopine shall be a Chameleon PBL or equal specification. Two live 24-inch box Canary Island Pine (Pinus canariensis) Trees, approximately 12 to 15 feet tall, are to be planted to create a contextual setting for the monopine. The trunk of the monopine shall be circular. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 2116~ West Monta Vista Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed EX!jJ.BIT 7 31(.;-12 DECEMBER 13,2004 PAGE 2 OF 3 by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS) . Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicant will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continui ty on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 31 C-13 DECEMBER 13, 2004 PAGE30F3 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed engineered to providers. wireless communication allow the collocation structure of other must be service 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. Conditional Use Permit No. 2004-29 expires five years from the date of City Council approval. 31C-14 KO -12/20/04 RESOLUTION NO. 2004-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-29 TO ALLOW A 50-FOOT TALL MONOPINE CELLULAR ANTENNA AT MONTE VISTA SCHOOL, LOCATED AT 2116% WEST MONTA VISTA AVENUE 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. 2004-29 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 13, 2004. B. Conditional Use Permit No. 2004-29 has been filed with the City of Santa Ana seeking to allow a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116% West Monte Vista Avenue. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. C. 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 50-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central area of Santa Ana. 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? 31 C-15 Resolution No. 2004-49 Page 1 of 3 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing grove of canopy trees and two additional 24-inch box Canary Island Pine trees to be planted, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a Canary Island Pine Tree. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this open space area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan, as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Institutional (INS) General Plan designation. D. In accordance with the California Environmental Quality Act, the action is exempt from further review. Categorical Exemption Environmental Review No. 2004-76 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-29 as conditioned in Exhibit "AM 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 December 13, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31 C-16 Resolution No. 2004-49 Page 2 of 3 ADOPTED this 13th day of December, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-49 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Planning Commission Secretary City of Santa Ana 31 C-17 Resolution No. 2004-49 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2004-29 Conditional Use Permit No. 2004-29 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Califomia 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 orior 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 applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04- 016). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopine shall be a Chameleon PBL or equal specification. Two live 24-inch box Canary Island Pine (Pinus canariensis) Trees, approximately 12 to 15 feet tall, are to be planted to create a contextual setting for the monopine. The trunk of the monopine shall be circular. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 2116% West Monta Vista Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz EXHIBIT "A" Page 1 of2 31 C-18 Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the collocation of other service providers. 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. Conditional Use Permit No. 2004-29 expires five years from the date of City Council approval. EXHIBIT "A" PAge .1. of 2 ~, (;-19 31 C-20 ~~ COUNCIL/SANTA ANA ~ FINANCING AUTHORITY ACTION REQUEST FOR CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: RELOCATION OF 4TH DISTRICT COURT OF APPEAL FACILITY 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 ~~~~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Authorize the City Manager and Clerk of the Council to execute a Purchase and Sale Agreement, and related documents, for the sale of approximately two acres of Civic Center land to the California Judicial Council for construction of a new facility to house Division Three of the California Fourth District Court of Appeal. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the professional services agreement with Gordon & Williams, Inc. to provide program management service for construction of the replacement parking garage for an approximate total project cost of $5.21 million. CITY COUNCIL/SANTA ANA FINANCING AUTHORITY ACTION Approve the terms of a 15 year lease-purchase agreement with Sun Trust Leasing Corporation to finance a portion of the cost of a City-developed parking garage to provide approximately 300 spaces for Court of Appeal parking and public parking to replace those displaced by the new development. DISCUSSION The Fourth District Court of Appeal, based in San Diego, is the intermediate state appellate court serving Santa Ana and Orange County. Division Three of that court was established in 1982 to provide justices and facilities to directly serve Orange County. Since its establishment, Division Three has JT25E-1 Public Hearing - Paramedic Fees January 3, 2005 Page 2 been located in Santa Ana. Originally housed in a commercial office building on Santa Ana Boulevard, the Court is currently located in a facility at 925 N. Spurgeon Street in the Midtown Area. Division Three has now outgrown its Spurgeon Street courthouse and is seeking a new permanent location. A county-wide search conducted by the California Judicial Council resulted in the selection of a two acre site at the northwest corner of Santa Ana Boulevard and Ross Street in the Santa Ana Civic Center. (See Exhibit 1) The site is now occupied by the vacant temporary city jail and a portion of the City Hall parking lot. Under the terms of the proposed purchase and sale agreement, the City will sell the site for the courthouse to the State of California for $2.3 million. Further, the City will be responsible for the demolition of the vacant jail facility and the preparation of the site for the State-funded construction. The City will also construct a 300 space parking garage in front of City Hall. This new garage will provide approximately 70 spaces dedicated to Courthouse operations and personnel, with the balance of the spaces designed to accommodate the parking stalls displaced by the courthouse construction. As the agreement is one that is prepared by the State, it is recommended that the Council approve this agreement with the provision that non-substantive changes to the terms and conditions may be authorized by the City Manager and the City Attorney. In 2002, in anticipation of this project, the City Council approved a program management agreement with the parking garage design and construction firm of Gordon & Williams for $2.54 million. Under that agreement, Gordon & Williams is responsible for designing the garage and administering demolition and construction contracts for the proj ect. As the scope and costs of the original proj ect has expanded, an amendment is necessary to enhance the scope of work to cover the $5.21 million in construction costs. The Purchase and Sale Agreement is scheduled to be considered by the State Public Works Board (PWB) at its meeting of February 4, 2005. If the agreements are approved by the City and the PWB, escrow will be scheduled to close on or before May 4, 2005. In the meantime, Gordon & Williams, under the supervision of the Public Works Agency, will immediately begin preparing plans and specifications for the garage and be prepared to contract for demolition and site clearance. It is anticipated that the parking garage will be completed in 13 months, or approximately March 2006. The State plans to begin construction of the courthouse facility by early Summer 2006 and move the court personnel into their new permanent home in the Santa Ana Civic Center by Fall 2007. The design, construction and financing of the parking garage are estimated to cost a total of $5.3 million, with nearly half of that amount being covered by the sale of the site to the State. The balance will be financed JT25E-2 Public Hearing - Paramedic Fees January 3, 2005 Page 3 over 15 years through the proposed lease-purchase financing agreement with Sun Trust Leasing Corporation. The estimated maximum annual lease payment for the garage is $298,600 based upon a maximum interest rate of 4.6 percent. FISCAL IMPACT Under the terms of the agreement, the City will receive $2.3 million in land sales proceeds. The balance of the funds for construction of the parking garage and preparation of the courthouse development site will be generated from the financing and available in the capital projects account for the Civic Center Parking Structure Project (account no. 51-012-6621, Project No. 2740). CONCUR: APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~0 ~ Francisco Gutierrez Executive Director, Finance and Management Services JT25E-3 ~ ROSS ANNEX IN.T.S.1 fB o a: EXISTING STATE BUILDING EXHIBIT 1 SANTA ANA , PW A ' , , CITY COUNCL AGENDA DATE: JAMJAFf( 3. 2005 Title: CMC CENTER PARKING STRUCTURE AND 4TH DISTRICT COURT OF APPEALS Pl8.E _s >OOICT JT25E-4 -----Original Message----- From: Ham, Clifford [mailto:Clifford.Ham@jud.ca.gov] Sent: Tuesday, December 28, 2004 6: 14 PM To: Fletcher, Joe; Dave Ream (E-mail) Cc: Bill Bacon (E-mail); Gary Mangham (E-mail); Davis, Kim; McConnell, Judith; Miessner, Leslie; Andy Guilford (E-mail); Dean Zipser (E-mail); Fybel, Richard; Jess Araujo (E-mail); Jess Araujo's Assistant; Kelly, Steve; Marion Bergeson (E-mail); Nohavec, Joyce; O'Leary, Kathleen; Rylaarsdam, William; Sills, David Subject: AOC - Court of Appeal - acquisition agreement - City Council agenda for January 3, 2004 Dave and Joe: On behalf ofthe Administrative Office of the Courts, I want to thank you and your staff for the diligent work during the past months on the acquisition agreement for the civic center site, however we request that you delay consideration by the City Council of the acquisition agreement and the related construction contract for the parking structure, and not place these items on the agenda for the January 3,2004 council meeting. Although we have been working consistently over the last weeks to resolve the acquisition, at this time the Administrative Director of the Courts has not taken the acquisition agreement to the Judicial Council for approval, and we do not know when a decision will be made on this matter. I sincerely apologize for the lateness ofthis request; I hope that you understand that it is best to postpone action on the acquisition until the Judicial Council has acted. Please feel free to call Kim Davis or me if you have any questions. I will certainly keep you informed on any changes to the situation. Yours truly, ~~~. Clifford Ham Senior Project Manager Office of Court Construction and Management Judicial Council of California - Administrative Office of the Courts 455 Golden Gate Avenue San Francisco, CA 94102-3688 415-865-7550, Fax 415-865-8885, clifford.ham@jud.ca.gov www.courtinfo.ca. gov /programs/ occm "Serving the courts for the benefit of all Californians" JT25E-5 JT25E-6